Agenda packet, first session — Garden Grove City Council, June 9, 2026 (part 4 of 4)

A. PROJECT DESCRIPTION
sine qua non of an informative and
San Joaquin Raptor Rescue Ctr. v. Cnty. of Merced (2007) 149 Cal.App.4th 645, 654-655 [quoting Cnty. of Inyo v. City of Los Angeles (1977) 71 Cal.App.3d 185, 199] [emphasis in original].) of the project may affected
outsiders and public decision-
(Citizens for a Sustainable Treasure Island
v. City & Cnty. of San Francisco (2014) 227 Cal.App.4th 1036, 1052.) Hence, an accurate project (Western Placer Citizens for an Agr. and
(2006) 144 Cal.App.4th 890, 898.)
Here, as discussed below, the SEIR does not disaggregate the individual project components or make enforceable key assumptions that only 1,000 overnight guests will be traveling to and from the Site to access onsite amenities (beyond employees). As discussed below, this GHG/VMT analysis and seems to be a departure from the prior MND and not consistent with experience at other nearby examples cited in the SEIR (i.e., Great Wolf Lodge and Disneyland Forward). (SEIR, PDF p. 165, 176, 196; SEIR VMT Study, PDF pp. 4, 5.)

1. PROJECT COMPONENTS AND SIZES ARE NOT DISCLOSED. The Project includes various destination/tourist theme park amenities (e.g., a themed pool experience with a lazy river, a 600-person theater, a grand ballroom, themed amenities, and an arcade). (SEIR, PDF pp. 11, 52; MND, PDF pp. 5, 16.) However, the SEIR does not adequately clarify these project components or identify changes made to the Project between the MND and SEIR. As shown in the figures below,
compared to 691,693 sf as stated in the prior MND. (Compare Fig. 1 with Fig. 2.) Additionally, the SEIR does not disclose the square footage associated with the hotel amenities, which the prior MND disaggregated. (Id.)
2 (Fig. 1 below [highlighted section].) It is recommended that this be clarified.

FIGURE 1: SEIR EXCERPT (SEIR, PDF P. 52)
2 See e.g., SEIR only
health and fitness are included within the hotel building square footage as those uses will only be available to SEIR GHG Study, PDF p. 50 (same), PDF pp. 135-136, 208-209 (CalEEMod Worksheet sections 1.2)
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FIGURE 1: CONTINUED
FIGURE 2: MND EXCERPT (MND, PDF P. 16; SEE ALSO MND Appendices, PDF PP. 8) 889
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2. GHG EMISSION ANALYSIS SEEMS TO HAVE ANALYZED A GENERIC HOTEL WITH A MAXIMUM OF 1,000 OVERNIGHT GUESTS
worksheets to show inputs and output results. (SEIR GHG Study, PDF p. 50.) Accordingly, the land use development assumption is that s will have access to ancillary amenities. (See Fig. 3 below.) This is expressed in the CalEEMod worksheets that analyzed a limited number of uses (i.e., hotel use). (See Fig. 4 below.3) This is a departure from the prior MND, which included various land uses (i.e., resort hotel, parking structure, hotel theme pool, theater, etc.) that generated respective emissions. (See Fig. 5 & 6 below.4) The GHG analysis in the SEIR should separately account for those ancillary uses. Another example is the Disneyland Forward project, which was a nearby development cited in the SEIR that also included themed-park amenities, which considered separate land uses that included a hotel use and
5 (which is not a CalEEMod default land use).6
emissions of the Project for the respective emission sectors (i.e., mobile, area, energy, water, waste, etc.). For example, the current CalEEMod modeling does not seem to account for the emissions associated with the themed-pool or 500-seat theater or arcade, which are likely to have emissions that are not captured by a generic hotel land use type.7 FIGURE 3: SEIR EXCERPT (SEIR GHG Study, PDF pp. 50) 3 See also SEIR GHG Study, PDF pp. 135-136, 208-209, 135-136, 208-209, 136-137, 209-210 (CalEEMod Worksheet sections 1.2). 4 See also MND Appendices, PDF pp. 34 (tbl. 1 Table 1 Land Use Summary), 58 (tbl. 11 Electricity and Natural Gas Usage), 60 (Tbl. 12), 84, 119, 155, 190, 226, 271 (CalEEMod tbl. 1.1). 5 Disneyland Forward, GHG Section, PDF pp. 32-33 (referencing air quality section for CalEEMod inputs for operational GHG emissions),
https://www.anaheim.net/DocumentCenter/View/51191/0507_Greenhouse_Gas_Emissions; id., Air Quality Section, PDF p. 29 (discussing operational inputs relevant to both air quality and GHG analysis), https://www.anaheim.net/DocumentCenter/View/51186/0502_Air_Quality; id., Appendix C-2 CalEEMod Calculations, PDF pp. 5, 36 (500 room hotel use), PDF pp. 79, 124 (5-acre theme Park with user defined recreational use), PDF pp. 195, 230 (5000 stall parking structure with enclosed parking use), PDF pp. 274, 319 (2045 Operations with user defined recreational use), https://www.anaheim.net/DocumentCenter/View/51225/Appendix-C-2-CalEEMod-Calculations. 6 ability to input a user defined commercial, parking, recreational and retail land use subtype), https://www.caleemod.com/documents/user-guide/01_User%20Guide.pdf. 7 Ibid., at p. 26. 890
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FIGURE 4: SEIR EXCERPT (SEIR GHG Study, PDF pp. 209)
FIGURE 5: MND EXCERPT (MND Appendices, PDF p. 34)
FIGURE 6: MND EXCERPT (MND Appendices, PDF P. 271)
Furthermore, for mobile source emissions
assessment (Fig. 7 below), which the CalEEMod worksheets show a maximum of 21,914 VMTs per day was assumed (Fig. 8 below), which (Fig. 9 below).

However, this assumes that only 1,000 hotel guests (i.e., two overnight guests per hotel room) and 446 employees will be accessing the Hotel Site. (Id., at PDF pp. 5, 11.) The VMT analysis is discussed further below; however, the concern here is that the CalEEMod GHG modeling assumes a maximum of only 1,000 guests in mobile emissions.
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FIGURE 7: SEIR EXCERPT (SEIR GHG Study, PDF PP. 52-53)
FIGURE 8: SEIR EXCERPT (SEIR GHG Study, PDF PP. 188, 261) FIGURE 9: SEIR EXCERPT (SEIR VMT Study, PDF pp. 6, 11)
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3. VMT ANALYSIS SEEMS TO HAVE ANALYZED A GENERIC HOTEL WITH A MAXIMUM OF 1,000 OVERNIGHT GUESTS. associated only with the hotel use. For example, the SEIR traffic study claims the Project would generate 3,995 daily trips compared to the prior MND finding of 4,318 daily trips. (Compare SEIR, PDF p. 174 with MND Appendices, PDF pp. 882.) This may be because the prior MND included consideration of a 600-seat hotel theater, which generated additional daily trips (suggesting VMTs independent of hotel use). (See MND Appendices, PDF pp. 881-82, 901-02, 919-20.) Additionally, as mentioned above, the VMT Study assumes a service population limited to 446 employees and 1,000 guests (a total of 1,446), with the latter based on the assumption that there would be two guests for each of the 500 hotel rooms. (See Fig. 9 above; see also SEIR VMT Study, PDF pp. 5-6, 11.) Hence, the current VMT Study assumes no other vehicle trips or people accessing the Project Site besides the 446 workers and 1,000 overnight guests.

The above approach seems to be a departure from the Disneyland Forward project, which the SEIR cites as another resort/hotel that used OCTAM modeling for its VMT analysis. (SEIR VMT Study, PDF p. 4.) The Disneyland Forward VMT analysis considered trips from day guests not staying overnight at onsite hotels,8 which were
independent of hotel trip rates,9 and accounted for in the VMT analysis.10 These additional theme park VMTs were considered in the Disneyland Forward GHG, VMT, and mitigation analysis.11

4. DAY ACCESS BEYOND JUST 1,000 HOTEL GUESTS SEEMS LIKELY. Access from non-overnight hotel guests (and thus greater impacts) is likely. Unlike other Nickelodeon hotel/resorts located in remote international destinations,12 the Project is proposed in an urban area with relatively easy daily access by personal vehicles (e.g., inducing regional travel).

It seems likely that this Project would offer access to non-overnight hotel guests, since nearby theme parks appear to do so (e.g., Disneyland, Knotts Berry Farm, Legoland, etc.). For example, the SEIR cites both the Great Wolf Lodge and Disneyland Forward. (SEIR, PDF p. 175; SEIR VMT Study, 8 Disneyland, Admission Tickets (offering single day passes), https://disneyland.disney.go.com/enca/admission/tickets/. 9 See gen., City of Anaheim, Environmental Documents (providing CEQA documents for DEV2021-00069 Disneyland Forward), https://www.anaheim.net/876/Environmental-Documents; Operational Traffic Analysis (Aug. 2023), PDF p. 93, 115, 1603 (1.578 daily trips per parking space including guests and cast members as well as trip rates for other retail / entertainment), https://www.anaheim.net/DocumentCenter/View/51211/Appendix-J-2-Operational-Traffic-Analysis. 10 See e.g., Disneyland Forward Draft SEIR, VMT Section, PDF pp. 37-38, 47-59 (tbls. 5.14-1 & 5.14-2), https://www.anaheim.net/DocumentCenter/View/51198/0514_Transportation. 11 See e.g., Disneyland Forward Draft SEIR, GHG Section, PDF p. 36-39, 44-55 (tbl. 5.7-4), https://www.anaheim.net/DocumentCenter/View/51191/0507_Greenhouse_Gas_Emissions; id., VMT Section, PDF pp. 37-38, 47-59 (tbls. 5.14-1 & 5.14-2),
https://www.anaheim.net/DocumentCenter/View/51198/0514_Transportation. 12 See Nickelodeon Hotels & Resorts, Destinations (listing three open locations in Dominican Republic, Mexico, Turkey and one location opening 2026 in Orlando, Florida), https://www.nickresorts.com/destinations; see also Karisma Hotels, Nickelodeon Hotels & Resorts by Karisma (listing Dominican Republic and Mexico locations), https://www.karismahotels.com/nickelodeonhotels-resorts; https://www.nickresorts.com/destinations. 893
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PDF p. 4.) The Great Wolf Lodge is not limited to just overnight hotel guests, and 13 Similarly, Disneyland also provides day access to guests who are not staying overnight at onsite hotels.14

5. RECOMMENDATION
Although smaller than Disneyland, the Nickelodeon-themed attractions at the Project Site offer a unique amusement experience that goes beyond a typical resort hotel. Currently, the SEIR makes a fundamental assumption that onsite amenities are not accessible to non-overnight hotel guests (i.e., no mobile emissions or vehicle trips independent of hotel use). Both the GHG and VMT study assumes a maximum of 1,000 hotel guests, but that assumption is not an enforceable condition of approval. To the extent that the VMT analysis does not adequately account for VMTs generated by non-overnight guests, the concern is that the Project may generate even more GHG emissions and VMTs than analyzed, which may not have been adequately assessed or mitigated. It is recommended that the SEIR either reassess the Project for these independent uses (i.e., as a worst-case scenario with additional mitigation) or make this assumption enforceable via a condition of approval and a project design feature that is explicitly included in the MMRP (discussed infra section E).

B. GHG IMPACTS
Local 11 was
estimates the Project will generate 7520.09 metric tons of CO2 equivalent per year (SEIR, PDF p. 150 [tbl. 4.1-10].) This is significantly greater than the prior estimate of 3,316 MTCO2e/yr. (MND Appendices, PDF p. 76 [tbl. 19].) The current GHG study is an improvement; however, there are a few live issues of concern.

1. LAND USE COMPONENTS NEED TO BE CLARIFIED. As fully explained above (supra section A), the SEIR makes a key assumption that all onsite ,15 which is reflected in the GHG study
assumptions. (SEIR GHG Study, PDF p. 50 [tbl. 2-2], PDF pp. 135-136, 208-209 (CalEEMod Worksheet sections 1.2). It is unclear if these land use assumptions accurately capture the full scope of emissions from all other uses. It is recommended that either the SEIR make this fundamental assumption enforceable as an explicit project design feature incorporated into the MMRP, or the SEIR analysis should be revised to account for the likelihood of day access from non-overnight hotel guests.
/ / / 13
https://www.greatwolf.com/southern-california/daypass; Id., Water Park Day Passes (offering full and half day passes), https://www.greatwolf.com/southern-california/daypass/booking. 14 Disneyland, Admission Tickets (offering single day passes), https://disneyland.disney.go.com/enca/admission/tickets/. 15 See e.g., SEIR entertainment spaces and health and fitness are included within the hotel building square footage as those uses will only .
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2. ASSUMED CALEEMOD MITIGATION MEASURES NEED TO BE ENFORCEABLE. The CalEEMod worksheets identify over 20 emission reduction measures. (SEIR GHG Study, PDF pp. 136-137, 209-210 [C-1-A through LL-1].) These measures correlate to CAPCOA mitigation strategies.16 However, it is unclear to what extent these measures relate to the project design features and mitigation measures listed in the SEIR. (SEIR, PDF pp. 11-37.) It is also unclear CAPCOA measures referenced, and why other CAPCOA measures were considered for incorporation, which is explained further below (infra section E).

3. ONSITE MITIGATION MEASURES RELATED TO MOBILE AND ENERGY EMISSIONS NEED TO BE PRIORITIZED. The SEIR estimates that the unmitigated Project will generate 8,124 MTCO2e/yr, which will be reduced through mitigation (pre-carbon offsets) by roughly 7.4 percent (i.e., 7520 MTCO2e/yr). (Compare SEIR, PDF p. 103 [tbl. 4.1-5] with PDF p. 150 [tbl. 4.1-10].) The SEIR also states that, measures, the applicant will purchase and retire carbon offsets. (Id., at PDF p. 151.) This is commendable and represents a notable improvement over the prior MND suite of mitigation measures. However, there is a concern that feasible onsite mitigation measures are being left off the emissions are from mobile sources (32.9%) and energy (i.e., 62.8%, respectively). (Id., at PDF p. 150 [tbl. 4.1-10].) Thus, feasible mitigation measures targeting these sources should be prioritized before utilizing carbon offsets, which is explained further below (infra section E).

4. CARBON OFFSETTING IS COMMENDABLE, BUT SHOULD BE UTILIZED ONLY AFTER ONSITE MEASURES HAVE BEEN EXHAUSTED. As currently proposed, carbon offsets for operations can be purchased either in lump or on an annual basis (i.e., MM-GHG-15). (SEIR, PDF pp. 152-153.) The number of offsets is based on the GHG estimates, which may be underestimated due to the (likely incorrect) assumption that nonovernight guests will not visit the Site (discussed above). To the extent traffic generation may have been underestimated, additional data will become available once the Project begins operations (e.g., traffic counts, admission records, other site-specific data regarding overnight versus non-overnight guests, updated traffic modeling, etc.). Additionally, over a 30-year Project life, further onsite mitigation measures may become feasible, reducing the need for offsets and minimizing impacts.

Notwithstanding good-faith efforts, there is the potential for impacts that can be meaningfully mitigated. To the extent the level of impact may be speculative at this time, this can be mitigated via an annual reporting requirement whereby the applicant can provide the City with updated daily traffic trips, admissions from overnight versus non-overnight guests, VMT travel profile, effectiveness of TDM and mitigation measures, etc.) This would ensure not only compliance with MM-GHG-15, but also other project design features and mitigation measures that should be considered in the MMRP (infra section E), and provide an opportunity to assess the effectiveness of current measures and/or the need to supplement them with alternative feasible measures. 16 See CalEEMod User Guide, PDF p. 16, 55, https://www.caleemod.com/documents/user-guide/01_User Guide.pdf; see also CAPCOA 2021 Handbook, Appendix E Measure Index, https://www.caleemod.com/documents/handbook/appendices/appendix_e.pdf. 895
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5. RECOMMENDATION
In summary, it is recommended that the issues mentioned above be addressed in a revised SEIR, which should include consideration of additional mitigation measures (discussed further below in section E).

C. VMT IMPACTS
CEQA requires analysis of VMT traffic impacts related to a project. (See Kings County Farm Bureau v. Hanford (1990) 221 Cal.App.3d 692, 727.) In particular, CEQA requires analysis of project-related traffic impacts in a manner that does not minimize cumulative impacts. (See e.g., Cleveland III, 17 Cal.App.5th at 444-445 [on remand, traffic analysis based on methodology with known data gaps that underestimated traffic impacts necessarily prejudiced informed public participation and decisionmaking]; Kings County Farm Bureau, supra at 718, 727 [rejecting determination that less than one percent to area emissions was less than significant because analysis improperly focused on the project-specific impacts and did not properly consider the collective effect of the relevant projects on air quality]; Save Cuyama Valley v. County of Santa Barbara (2013) 213 Cal.App.4th 1059, 1072 [upheld the use of same thresholds for immediate and cumulative impacts when its application -impact
, (1993) 18 Cal.App.4th 729, 749
[upheld where cumulative impacts were not minimized or ignored].) The relevant inquiry is not only the relative amount of increased traffic that the Project will cause but whether any additional amount of Project traffic should be considered significant in light of the existing traffic conditions. (See Los Angeles Unified School District v. City of Los Angeles (1997) 58 Cal.App.4th 1019, 1025.) Previously, Local 11 was critical of the prior MND, which failed to provide a VMT analysis based on the presumption that VMT impacts would be less than significant because the Project Site is . (MND Appendices, PDF p. 897, 964, 967, 990.)
Here, the SEIR provided a VMT Study, which found impacts warranting mitigation. (SEIR, PDF pp. 173-174, 177, 179- . However, there
are a few live issues of concern.

1. OTHER LAND USES SHOULD BE CONSIDERED. As fully explained above (supra section A), the SEIR makes a key assumption that all onsite 17 only 3,995 daily trips, 21,914 VMTs, service population limited to 446 employees and 1,000 guests). (See Fig. 9 above.) It is recommended that the SEIR make this fundamental assumption enforceable as an explicit project design feature incorporated into the MMRP or that the SEIR analysis be revised to account for the likelihood of day access from non-overnight hotel guests. / / / 17 See e.g., SEIR
entertainment spaces and health and fitness are included within the hotel building square footage as those uses will only
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2. ASSUMPTIONS REGARDING GUEST SERVICE POPULATION MAY NOT BE ACCURATE. As mentioned above, the VMT Study estimates that the guest service population would be limited to 1,000 guests. (SEIR VMT Study, PDF pp. 5, 11.) The VMT study used the Great Wolf Lodge as a comparison, but it does not provide the underlying data to independently verify its occupancy levels. Nor does it explain why other data was not provided, such as data relevant to the potential use by non-overnight guests. It is recommended that the SEIR clarify whether the 1,000-guest service population is consistent with the Great Wolf Lodge and other comparable projects.

3. ASSUMPTIONS REGARDING EMPLOYEE SERVICE POPULATION MAY NOT BE ACCURATE. The VMT Study estimates that the employee service population would be 446 employees, which seems inflated, and in turn may make the Project s VMTs appear to require less mitigation.

Below are several issues with the VMT service population used in the SEIR:

The estimate is based on a ratio (i.e., 1,550 sf per employee) applied against a purported 691,693 sf of commercial area. (SEIR, PDF p. 176; SEIR VMT Study, PDF p. 4, 10.) This is based on a ratio from the San Diego Association of Governments ( SANDAG ) Activity Based Model (ABM 2+) (id., at PDF p. 10), for which the SEIR does not provide a hyperlink or other means for the SEIR reader to verify the rate. 691,693 sf seems to be a reference to the prior , and where the
- 379,366 sf (depending on inclusion of ballrooms,
meeting spaces, arcade, back of house, and other amenities). (See Figs 2 & 5 above; see also MND Appendices, PDF pp. 8, 34, 774.) The current SEIR seems to suggest that the total building area includes
Fig. 1 above; see also SEIR, PDF pp. 52, 176.) Thus, the employee service population estimate might not be accurate. This underscores the need to provide precise project components and square footage (discussed supra section A).

Also, it is unreasonable to assume parking areas (301,686 sf) would generate one employee per 1,550 square feet (i.e., approximately 194 employees).

The VMT study cites a 0.8 to 1.2 employees per hotel room rate, purportedly based on an -ofWTO ) without providing any documentation or material explaining how this recommendation was established. The WTO seems to now be called the UN Tourism, which does not readily provide documentation or resources on the topic (based on a search). Additionally, no facts are provided to confirm the purpose and basis of this 0.8-1.2 recommendation, nor is it demonstrated that it is relevant to the current Project, the Southern California region, or has any relevance to a VMT/traffic analysis. There is a lack of substantial evidence to support this WTO rate. In contrast, the City of Los Angeles VMT calculator employs an employee generation rate of one employee per two rooms (i.e., 0.5 employees per room), based on the Institute of Transportation Engineers ( ITE ) land use code 310 and SANDAG data, for the purpose of assessing VMT/traffic impacts.18 18 LADOT (May 2020) City of Los Angeles VMT Calculator Documentation, pp. 11, 15, https://ladot.lacity.gov/sites/default/files/documents/vmt_calculator_documentation-2020.05.18.pdf. 897
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When corrected for the a
service population is significantly lower. Based on square footage referenced in the MND and SEIR, the hotel resort (including the various amenities) would be approximately 289,891 - 417,233 sf with an estimated employee service population of 187 270 (based on purported SANDAG rate of 1,550 sf per employee). This estimate aligns with the City of Los Angeles estimate of 0.5 employees per room, or 250 employees for the proposed 500-room Project.

In sum, the use of 466 employees may understate the level of VMT impact as it relates to the , compared to the 14.6 threshold). (SEIR
VMT Study, PDF p. 4, 10). This may, in turn, understate the level of mitigation required from mitigation measures TRA-1 and TRA-2. (SEIR, PDF pp. 177-178), which may warrant further mitigation. It is recommended that the SEIR clarify the above issues and address them with additional mitigation (discussed infra section E).

4. VMT ANALYSIS MAY NOT BE CONSISTENT WITH CITY S VMT GUIDELINES. The SEIR VMT study utilizes the OCTAM model. (SEIR VMT Study, PDF p. 3.) There are several assumptions that require clarification.

The VMT study claims the hotel is similar to retail because some hotel guests may stay at other hotels. (Id., at PDF p. 4.) However, while this may be true for business and/or local- -serving use.19 The themed
amenities make the Project distinctly unique from a standard hotel. The VMT study seemingly concedes that the Project is expected to generate occupancy above the average for a business or tourist hotel in the City. (Id.)
The VMT study claims that the City boundary is appropriate, despite being near the City border, due to various factors, including that guests are anticipated to visit the Site with the specific intent to enjoy the Project s amenities, and that the Project is unlike a traditional business hotel. (Id., at PDF p. 4.) This explanation does not address why the City boundary is review.20 The Project includes a significant new regional destination that is likely to attract patrons and VMTs well beyond the City and, thus, should be considered in the analysis to 21 Due to the uniqueness of the operations, the VMT study created a new TAZ (i.e., TAZ 386), which included 1,000 guests and 446 employees. (Id., at PDF p. 5.) The VMT study includes an OD VMT analysis that consists of both hotel guests and employees in the service population. (Id., at PDF p. 6.) It states that excluding one of the contributors would appear to limit
service population to population (i.e., residents) plus employment (i.e., workers) and do not include hotel guests.22 a
23 it does not state that 19 SEIR, PDF p. 174; City VMT Guidelines - 20 City VMT Guidelines, PDF p. 20 (fn. 5). 21 Ibid., at PDF p. 19. 22 Ibid., at PDF pp. 16, 17, 20. 23 Ibid., at PDF p. 19. 898
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the inclusion of hotel guests is permissible. Hence, the SEIR may not be comparing apples to apples when it presents the Project s OD VMT per service population (15.2 and 13.6) to the Orange County threshold (21.6). (SEIR, PDF p. 177 [tbl. 4.2-1].) captured.24
25 Here, the VMT
study cites Disneyland Forward as a comparable resort/hotel use in the County, which included custom rates based on the theme-park-related uses. It would seem prudent to take a similar approach
modeling is accurate, and also serve as an objective performance metric to implement MMGHG-5 (Guest Vehicle Trip Reductions) (discussed infra section E).

5. QUALITATIVE ANALYSIS WITH GENERAL PLAN PROVISIONS IS CURSORY. Like GHG qualitative analysis referenced various transportation policies and strategies related to TDM and VMTs. (SEIR, PDF pp. 170-172.) However, there are numerous TDM measures that are not incorporated, whether to minimize VMT impacts or GHG emissions from mobile sources. This seems to leave off the table mitigation measures that would be qualitative consistency with numerous traffic related General Plan provisions, including but not limited to those listed in the Air Quality Element (e.g., AQ-IMP1B, AQ-IMP-1C, Policy AQ-2.2, AQ-IMP-2A, Goal AQ-3, Policy AQ-3.1, Policy AQ-3.2, AQ-IMP-3C);26 and Circulation Element (Goal CIR-4, Policy CIR-4.2, CIR-IMP-4A, Goal CIR-5, Policy CIR-5.1, -5.5, CIR-IMP-5A, -5B, -5C).27

6. RECOMMENDATION
In sum, it is recommended that the abovementioned issues be addressed in a revised SEIR, including consideration of additional mitigation (discussed further below infra section E).

D. PROJECT WITH HOUSING ALTERNATIVE SHOULD HAVE BEEN CONSIDERED Under CEQA, the core of an EIR requires a lead agency to select a reasonable range of alternatives for evaluation guided by a clearly written statement of objectives. (See Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 564-65; see also CEQA Guidelines § 15124(b).)
Mountain Lion Foundation v. Fish & Game
Com. (1997) 16 Cal.4th 105, 134.) This duty cannot be defeated by defining objectives too narrowly prior contractual commitments. (See e.g. City of Santee v. County of San Diego (1989) 214 Cal.App.3d 1438, 1447; Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692, 736.) Instead, a (i)
(ii) Sierra 24 Ibid.
25 Ibid., at PDF p. 31 26 City General Plan, Air Quality Element, pp. 8-2 8-6. 27 City General Plan, Circulation Element, pp. 5-34 5-35. 899
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Club v. County of Napa (2004) 121 Cal.App.4th 1490, 1509 [citing CEQA Guidelines § 15126.6(a) and (f)]); and (iii) a (In re Bay-Delta (2008) 43
Cal.4th 1143, 1164-1165 [citing CEQA Guidelines § 15124(b)]).

Here, the SEIR failed to consider the Project (i.e., resort/theme-park venue) with at least some levels of affordable housing on Site, which is recommended for the following reasons.

1. SEIR DOES NOT ADDRESS WHY A PROJECT WITH SOME HOUSING IS INFEASIBLE. -project alternative and a reduced
project alternative. (SEIR, PDF pp. 38-39.) The SEIR rejected a mixed-use development alternative because the majority of the Site is zoned IW. (Id., at PDF p. 199-200.) However, the Site is -family residential (R-1-
7). (Id., at PDF pp. 50, 59-61.) IW specifically allows and encourages a mix of uses, including residential (i.e., up to 60 dwelling units per acre) or greater.28 The SEIR acknowledges that a Project because the Project site is in proximity to transit and would likely screen out from a VMT analysis, and VMT impacts would be less than significant. The reduction in vehicle trips related to bjectives (id.), there is no
discussion of a mixed-use alternative that incorporates at least some level of housing (particularly affordable housing) into the Project. Such an alternative would arguably minimize GHG/VMT impacts while also serving the Project underlying fundamental purpose. It is recommended that the SEIR consider such an alternative.

2. AFFORDABLE HOUSING IS CONSISTENT WITH APPLICABLE POLICIES. The SEIR s GHG qualitative analysis references various policies and strategies related to encouraging mixed-use development and housing, which the SEIR claims are either inapplicable or have no conflict because the Project involves an infill Project Site consistent with the General Plan. (SEIR, PDF pp. 109-111 [Connect SoCal 2024 policies 32, 35-42], PDF pp. 122-123 [CARB 2022 Scoping Plan], PDF pp. 125-143 [General Plan Nos. SAF-10.10].) However, the Project is an entirely commercial development, and the SEIR fails to consider how failure to include affordable housing is inconsistent with applicable policies, such as the following:

Adding affordable housing to the Project can minimize GHG emissions and VMTs. This is consistent with CAPCOA measures T-1 (increase residential density) and measure T-4 (Integrate Affordable and Below Market Rate Housing).29
/ / / 28 SEIR, PDF pp. 50, 193; see also City General Plan, Housing Element, PDF pp. 49 (tbl. 12-17), 115 (Tbl. 12- 43). 29 CAPCOA Handbook, pp. 31, 70, 95, https://www.caleemod.com/documents/handbook/full_handbook.pdf. 900
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30 has four primary goals (i.e., mobility, communities, environment, economy) (pp. 9-12), each with respective subgoals (p. 85) and categories of policies (RTP/SCS, pp. 88-112), which totals nearly 90 regional planning policies (pp. 114-121), and other implementation strategies where local governments play a partner/supporting role (pp. 124-135).

Providing affordable and sustainable housing is a major cross-cutting theme in the 2024 RTP/SCS (pp. 8, 9, 10, 27, 28, 54, 56, 66, 100, 106, 112, 117, 135, 193, 197), including but not limited to the following goals and policies (emphasis added):

Goal: Communities: Develop, connect and sustain communities that are livable and thriving Sub-goal: Create human-centered communities in urban, suburban and rural settings to increase mobility options and reduce travel distances
Sub-goal: Produce and preserve diverse housing types in an effort to improve affordability, accessibility and opportunities for all households Category: Housing the Region: Providing sufficient housing opportunities throughout the region will require a range of strategies and methods to increase both the production of and access to a wide range of housing types. Regional Planning Policies:

32. Encourage housing development in areas with access to important resources and amenities (economic, educational, health, social and similar) to further fair housing access and equity across the region

33. Support local, regional, state and federal efforts to produce and preserve affordable housing while meeting additional housing needs across the region

34. Prioritize communities that are vulnerable to displacement pressures by supporting community stabilization and increasing access to housing that meets the needs of the region

35. Promote innovative strategies and partnerships to increase homeownership opportunities across the region with an emphasis on communities that have been historically impacted by redlining and other systemic barriers to homeownership for people of color and other marginalized groups

36. Advocate for and support programs that emphasize reducing housing cost burden (for renters and homeowners), with a focus on the communities with the greatest needs and vulnerabilities

37. Support efforts to increase housing and services for people experiencing homelessness across the region
Communities Implementation Strategies:
[a]. Support Provide technical assistance for jurisdictions to complete and implement their housing elements and support local governments and Tribal Entities to advance housing production
[b]. Identify and pursue partnerships at the local, regional, state and federal levels to align utility, transit and infrastructure investments with housing development and equitable outcomes across the region
[c]. Research community stabilization (anti-displacement) resources that can be utilized to address displacement pressures, such as preservation and tenant protections for communities across the region and Affirmatively Further Fair Housing 30 2024 RTP/SCS, https://scag.ca.gov/sites/default/files/2024-05/23-2987-connect-socal-2024-finalcomplete-040424.pdf. 901
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Promoting mixed-use development is consistent with various General Plan provisions, such as those listed in the Safety Element (e.g., Policies SAF-10.10 and SAF-10.12); Land User Element (e.g., Goal LU 1, Policies LU-1.1, 1.2, 1.3, 1.7, 1.8); Community Design Element (e.g., CD-IMP-1A); Circulation Element (e.g., Policy CIR-4.1, -4.2, -4.3, CIR-IMP-4A); Economic Development Element (e.g., Policy ED-3.7, ED-IMP-3C, ); Air Quality Element (e.g., AQ-5, Policy AQ-5.1, 5.3, 5.6, AQ-IMP5A); and the Housing Element (e.g., Goal H-2, Policy H-2-.1, H-3.3, H-3.7).31 There are numerous measures that CARB urges for local action, which are included in the 2022 Scoping Plan Appendix D (i.e., Local Action), building upon the prior 2017 Scoping Plan Appendix B (i.e., Local Action). Among the strategies mentioned are mixed-use development and affordable housing. 32
It is recommended that the SEIR consider
abovementioned measures.

3. SEIR LACKS A JOB-HOUSING BALANCE ANALYSIS. -743 focus on improving jobs-housing balance, which is relevant to SEIR, PDF pp. 168, 176.). However, the SEIR does not
include a jobs-housing analysis, which is only tangentially discussed in the context of growthinducing impacts. (Id., at PDF p. 193-195.) Generally, adding more jobs in a job-rich or, conversely, housing-poor area can have an adverse impact on a communit jobs-to-housing balance. Similarly, the quality of jobs can also impact the jobs-
-wage workers and the number of homes affordable to them. A development that increases the demand for affordable housing can exacerbate an existing housing impact, especially where a community may have a current unmet affordable housing need under its It is recommended that the SEIR
and its effe -to-housing balance and JHFit. This is reflected throughout a variety (mentioned above).
/ / / 31 City General Plan, Safety Element, p. 11-20; id., Land Use Element, PDF pp. 2-36 2-44; Community Design Element, p. 3-19; id., Circulation Element, pp. 5-34; id., Economic Development Element, pp. 4-5; id., Air Quality Element, pp. 8-4 8-5; id., Housing Element, PDF pp. 12-153 12-154. 32 CARB 2022 Scoping Plan, Appendix D (Local Action), pp. 6, 7, 12 (fn. 26), 20, 23, https://ww2.arb.ca.gov/sites/default/files/2022-11/2022-sp-appendix-d-local-actions.pdf; CARB 2017 Scoping Plan, Appendix B (Local Action), PDF pp. 6,
https://ww3.arb.ca.gov/cc/scopingplan/2030sp_appb_localaction_final.pdf. 902
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4. HCD DATA SHOWS COMPELLING NEED FOR AFFORDABLE UNITS IN THE CITY. for affordable housing under its RHNA allocation. C th Housing Element cycle is 19,168 units
by 2029, with approximately 53% of these units being affordable (i.e., 10,178 units at moderate income levels or lower).33
Annual Progress Report portal, which includes City data submitted through 2024, Garden Grove is

37.5 % through its 6th Housing Cycle, but has attained only 1.15% of its affordable units (i.e., 118 of 10,178) as compared to achieving 14.8% of its above moderate income allocation.34 This suggests that the City is behind on its existing affordable housing allocation, which this Project may exacerbate.
and its consistency with various housing policies (e.g., those mentioned above) as well as the consistency with SB 166 and Housing Element Program 8 (no net loss).35 5. LACK OF HOUSING IS RELEVANT TO OVERRIDING BENEFITS To the extent that the City may consider overriding benefits, it should have the ability to consider what mitigation/benefits are being left off the table, such as a Project alternative that includes some level of affordable housing. Under CEQA, when approving a project that will have significant environmental impacts
(Pub. Res. Code § 21081(b); see also CEQA Guidelines § 15043.) An overriding statement expresses the larger, more general reasons for approving the Project, such as the need to create new jobs, provide housing, generate taxes, and the like.36 It must fully inform and disclose the specific benefits expected to outweigh environmental impacts, supported by substantial evidence. (See CEQA Guidelines §§ 15043(b) & 15093(b).37) However, an agency may adopt a statement of overriding considerations only after
impact to less than significant levels. (See CEQA Guidelines §§ 15091 & 15126.4.) Hence, decisionmakers may not approve a project when feasible mitigation measures can substantially lessen or avoid such impacts. (See e.g., Pub. Res. Code § 21002; CEQA Guidelines § 15092(b)(2).) Similarly, additional overriding considerations may be necessary to adequately address those additional impacts that the SEIR underestimates.

6. RECOMMENDATION
For the reasons discussed above, it is recommended that the SEIR analyze a Project alternative that includes some level of affordable housing onsite, whether as a form of mitigation or alternative.
/ / / 33 City General Plan, Housing Element, PDF p. 39 (tbl. 12-16). 34 HCD, Annual Progress Reports - Data Dashboard and Downloads (search Garden Grove, sheets 10, 12, 13 of 18), https://www.hcd.ca.gov/housing-open-data-tools/apr-dashboard. 35 City General Plan, Housing Element, PDF pp. 170, 178-180, 200. 36 See e.g., Concerned Citizens of S. Central LA v. Los Angeles Unif. Sch. Dist. (1994) 24 Cal.App.4th 826, 847. 37 See also Sierra Club v. Contra Costa County (1992) 10 Cal.App.4th 1212, 1222-1223. 903
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E. ADDITIONAL MEANINGFUL MITIGATION MEASURES ARE AVAILABLE Under CEQA, the discussion of mitigation is core (Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 564-65; see also CEQA Guidelines § 15124(b).) CEQA requires lead agencies to craft non-illusory mitigation measures that will be enforceable.38 Here, the SEIR acknowledges significant GHG impacts, which can be further mitigated through modifications to the current MMRP (as discussed below).

1. PROJECT DESIGN FEATURES SHOULD BE EXPLICITLY INCORPORATED INTO THE MMRP.

CEQA defines mitigation measures broadly (e.g., avoiding, minimizing, rectifying, reducing, eliminating, or compensating impacts). (CEQA Guidelines § 15370.) Incorporating mitigation measures into the description of the project, and then basing a conclusion of less-than-significant impacts in part on those measures, can run afoul of CEQA.39 Here, the SEIR identifies various project design features for construction and operations (i.e., PDFs 4, 5, 8, 10, 11, 12, 21, 27). (SEIR, PDF pp. 11-13, 53, 99-101.) These seem to be carried over from the prior MND. (MND, PDF pp. 17-20 [PDF-1 through PDF-26]; MND Appendices, PDF 38- 39, 67-70 [DF-1 through DF-12].) A variety of these prior MND project design features remain -1 through PDF-12, PDF-21).
(Id.) For example, the SEIR states that these project design features are qualitative/supporting SEIR, PDF pp. 11, 99.) Additionally, these
project design features directly serve to minimize potential emissions and impacts even though the SEIR does not take credit for them.40 Also, many of these project design features are similar to CAPCOA measures included
-1-A through LL-1). (SEIR GHG Study, PDF pp. 136-137,
209-210.41) Similarly, these project design features are cited to establish consistency with various 38 See e.g., City of Maywood v. Los Angeles Unified School Dist. (2012) 208 Cal.App.4th 362, 407; Concerned Citizens of Costa Mesa, Inc. v. 32nd Dist. Agricultural Assn. (1986) 42 Cal.3d 929, 935 (enforceable performance (2005) 130
Cal.App.4th Federation of Hillside &
Oro Fino Gold Mining Corp. v. County of El Dorado 39 See Lotus v. Department of Transportation .) 40
potentially reduce GHG emissions
reducing GHG emissions from construction. Specifically, PDF-4, PDF-5, and PDF-10, would encourage more efficient fuel consumption and PDF-8 would establish electricity supply to the Project site for use of electricpowered equipment instead of diesel fueled equipment. Given the nature of those PDFs and to conservatively analyze the GHG emissions, the analysis does not take credit for any reductions 41 See CalEEMod User Guide, PDF p. 16, 55, https://www.caleemod.com/documents/user-guide/01_User Guide.pdf; see also CAPCOA 2021 Handbook, Appendix E Measure Index, https://www.caleemod.com/documents/handbook/appendices/appendix_e.pdf. 904
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42 Furthermore, as discussed above (supra section A), the maximum of 1,000 guests would access
the Site.

In sum, the failure to implement these project design features would likely lead to greater emissions and affect the Therefore, it is recommended that the SEIR clarify to what extent MND/SEIR project design features will be incorporated into the Project if approved. Additionally, all project design features should be included as an explicit condition of approval and SEIR, PDF pp. 15-37.) This also should include fundamental assumptions
only overnight hotel guests will have access to the Project Site amenities).

2. ADDITIONAL MITIGATION IS AVAILABLE
The Project includes various mitigation measures (i.e., MM-GHG-1 through TRA-2). (SEIR, PDF pp. 11-37.) These are similar but not entirely akin to various CAPCOA measures.43 While the current mitigation measures are commendable, additional modifications and enhancements seem warranted for the following reasons, grouped by categories of measures.

Currently, SEIR includes several mitigation measures related to construction emissions (i.e., MM-GHG-1, MM-GHG-2, MM-GHG-3). (SEIR, PDF pp. 15, 143-144.) This may be inadequate for the following reasons:
i. The SEIR and MND include various construction-related project design features. (SEIR, PDF pp. 11-13 [PDFs 4, 5, 8, 10]; MND, PDF pp. 17-20 [PDF-1 through PDF-10].) These are including CAPCOA measures C-2 (Limit Heavy-Duty Diesel Vehicle Idling) and CAPCOA measures C-5 (Use Advanced Engine Tiers).44 (SEIR GHG Study, PDF pp. 136-137, 209-210.) Therefore, it is recommended that all project design features be explicitly included in the MMRP. It is also recommended that construction engines specify the engines (if not cleaner) to the fullest extent feasible.45 ii. Issues related to MM-GHG-1 (Electric Construction Equipment) & MM-GHG-2 (Construction Office Energy Efficiency):

These measures appear to be limited to generators, cranes, air compressors, and temporary construction field offices. It is unclear why it is limited to just these construction components. 42 See e.g., SEIR, PDF pp. 103, 113, 114, 118, 121, 126, 131, 135, 136, 137 (GHG-2 impact analysis citing Plan .) 43 See CAPCOA Handbook, PDF pp. 46-47 (Fig. 3-1), 62-66 (Tbl. 3-1). 44 See CAPCOA User Guide, pp. 52. 45 Ibid., at p. 35 (regarding off-road equipment).
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This measure is similar to the CAPCOA measure C-1-A (Use Electric or Hybrid Powered Equipment) assumed in the CalEEMod worksheets. (SEIR GHG Study, PDF pp. 136-137, 209-210.) Measure C-1-A requires the use of electric- or hybrid- - which is not limited to the abovementioned pieces of equipment and office. It is recommended that MM-GHG-1 be amended to require implementation to the fullest extent feasible, including but not limited to the construction equipment already included.

CAPCOA measure C-1-B (Use Cleaner-Fuel Equipment) requires the - fueled construction equipment over conventional diesel- or gasoline-fueled iii. Issues related to MM-GHG-3 (Construction Debris Recycling):

The Site is largely vacant, and the measure is geared towards debris, which will have measures/sources). This can be improved by also focusing on the construction materials.

For example, post-construction documentation must be required to ensure recycling plans have been implemented. So too, there must be meaningful consequences in the event that documentation is missing or noncompliant. For example, if penalties are set too low, applicants may accept monetary penalties as a cost of doing business rather than the added expenses and effort required to enforce the mitigation. It is recommended that the measure be modified to require coordination between the applicant, city, and other relevant agencies (e.g., CalRecycle, local enforcement agency) to coordinate the C&D recycling program.46 This measure is similar to CAPCOA measure S-4 (Recycle Demolished Construction Material) assumed in the CalEEMod worksheets. (SEIR GHG Study, PDF pp. 136-137, 209-210.) CAPCOA measure S-4 - should be included in this measure.

CAPCOA measure S-5 (Source Wood Materials from Urban Wood Reuse Program) involves using local and reused materials in new construction. This seems applicable to the project and should be included.47
/ / / 46 CalRecycle, C&D Debris Recycling, https://calrecycle.ca.gov/condemo/. 47 See CAPCOA Handbook, PDF p. 72. 906
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iv. The Project does not seem to include feasible construction-related mitigation measures, such as the following, that are recommended to be incorporated into the MMRP:

CAPCOA measure C-3 (Use Local Construction Contractors) requires the use of local construction contractors to reduce VMT associated with construction employee commute distances. This can be incorporated in a manner consistent with General Plan provisions, such as those listed in the Conservation Element (i.e., Goal CON-6, Policies CON-6.1, CON-6.2, CON-IMP-6A, and CON-IMP-6b).48 CAPCOA measure C-4 (Use Local and Sustainable Building Materials) requires using building materials that are locally sourced and processed, which minimizes VMTs and fuel consumption. This can be incorporated in a manner consistent with General Plan provisions, such as those listed in the Conservation Element (i.e., Goal CON-3, Policies CON-3.1, CON-3.3, CON-3.4, CON-IMP-3B, CON-IM-3C, and CON-IMP-3D).49 Currently, SEIR includes a mitigation measure MM-GHG-11 (Waste Reduction). (SEIR, PDF pp. 15-37, 147-148). This may be inadequate for the following reasons:
i. MM-GHG-11
these feasible elements are incorporated.
ii. This measure is similar to CAPCOA measure S-1/S-2 (Implement Waste Reduction Plan) assumed in the CalEEMod worksheets. (SEIR GHG Study, PDF pp. 136-137, 209-210.) Measure S-1 requires the institution or extension of recycling services to reduce the volume of landfilled waste. Measure S-2 involves the implementation of an organics diversion - coordination with onsite/offsite composting facilities and food banks. It is recommended that MM-GHG-11 include
and composting facilities as part of its recycling program, consistent with CAPCOA measures (i.e., measures S-2, S-3).50
iii. The City should consider including additional hotel-specific recycling program elements, such as:

Promote recycled paper and other products like soap;
Bans on disposable (i.e., designed to be used once and discarded) foodware items and accessories;
Allowing customers to bring their own reusable items (if permissible, this be waived to accommodate kosher or other religious standards);
Requirements for hand soap in refillable containers;
No promotional items made of plastic;
No water in plastic bottles or disposable single-use cups; 48 See City General Plan, Conservation Element, pp. 10.4-10.10. 49 Ibid. 50 CAPCOA Handbook, PDF pp. 46-47 (Fig. 3-1), 62-65 (tbl. 3-1). 907
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No expanded polystyrene (i.e., Styrofoam);
Require reusable napkins and tablecloths with recyclable disposable napkins only allowed for takeout;
Hand dryers in areas accessible to customers;
Requirement for reusable laundry bags;
Reusable dishware for room service;
Eliminate coffee pods/coffee machines that require pods; Offer toothpaste tablets in refillable packaging such as glass bottles or jars; Provide bamboo toothbrushes;
Offer toiletries on request rather than automatically;
Key cards made out of non-plastic materials, including traditional metal keys or wood, bamboo, and paper options for chip-based cards;
Incentives for returning keys to discourage waste;
Non-plastic shower caps, razors, shaving cream, slippers, eye masks, ear plugs; Remove minifridge items that use plastic;
Eliminate the use of garbage bags if possible, or use based on compostable material; Choose home compostable gloves;
Do not use plastic wrap;
Serve employee meals with reusable dishware and cutlery, as well as provide reusable water bottles for all employees with accessible water bottle refill stations; Replace paper towels with reusable dish rags; and
Source plastic-free sponges. 51
iv. MM-GHG-11 is cited as being consistent with the General Plan Conservation Element provisions (i.e., Nos. CON-3.1, CON-6, CON-6.2, SAF-10 ). (SEIR, PDF pp. 131, 134-136.) The abovementioned recommendations would align with applicable General Plan goals and policies, such as those listed in the Conservation Element (e.g., Goal CON-3, Policies CON3.1, CON-3.2, CON-3.3, CON-3.4, Goal CON-6, and Policy CON-6.2).

Currently, SEIR includes several mitigation measures related to transportation emissions (i.e., MM-GHG-4, MM-GHG-5, MM-GHG-6, MM-TRA-1, MM-TRA-2). (SEIR, PDF pp. 15-37, 143-156, 179-180.) This may be insufficient for various reasons. i. MM-GHG-4 (Electric Vehicle Charging Infrastructure):

This measure is similar to CAPCOA measure T-14 (Provide Electric Vehicle Charging Infrastructure) assumed in the CalEEMod worksheets. (SEIR GHG Study, PDF pp. 136-137, 209-210.) It is commendable to see the commitment to standards for EV equipment. (SEIR, PDF p. 16.) However, it is unclear why only the EV requirement is set at Tier 2 standards as compared to other components of the project (discussed further below under energy-related measures). 51 See e.g., https://www.nytimes.com/2022/05/17/travel/clean-the-world-hotel-soap.html; https://freako nomics.com/podcast/the-economics-of-everyday-things-used-hotel-soaps/; https://cleantheworld.org/; https://bluestandard.com/guides/hotel-guide/; https://clkrep.lacity.org/onlinedocs/2021/21- 0064_ord_187718_1-23-23.pdf.
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ii. MM-TRA-2 (Provide End-of-Trip Bicycle Facilities):

This measure is similar to CAPCOA measure T-34 (Use Electric or Hybrid Powered Equipment) assumed in the CalEEMod worksheets. (SEIR GHG Study, PDF pp. 136- 137, 209-210.) It is also similar to CAPCOA measure T-10 (Provide End-of-Trip Bicycle Facilities). However, MM-TRA-2
spaces will be provided, and provides SEIR, PDF
pp. 16, 120.) This should be clarified to specify whether this meets the short-term and long-term bike parking under CalGreen Tier 2 status and is consistent with CAPCOA measure T-34. Also, it should be made clear that the secured parking available for employee bikes shall not be displaced by bike parking for guest rentals.

It is also recommended that repair services be made available onsite to both guests and employees (consistent with CAPCOA T-10).

It is also recommended that this be augmented to include electric bikeshare and/or scootershare program consistent with CAPCOA measures T-22-A through T-22-D. iii. MM-GHG-6 (Limit Large Diesel Trucks During Operation):

The SEIR does not estimate the number of heavy-duty trucks that would be expected from the proposed operation, whether as a generic hotel or as proposed with a unique theme-attraction resort with water park and theater. Hence, it is unclear to what extent the limited 10 heavy-duty trucks are a mitigation rather than a project design feature. This should be clarified.

Limiting the number of heavy-duty vehicles to 10 per day and requiring an annual update, while commendable, is unlikely to be a meaningful mitigation for this Project. Unlike a warehouse development, heavy-duty truck emissions are not the main contributor to GHG emissions (i.e., guest/employee mobile emissions, energy consumption).

It is recommended that this be augmented to also include electrified loading docks consistent with CAPCOA measures T-53. iv. MM-GHG-5 (Guest Vehicle Trip Reductions):

Biking: MM-GHG-5 cites bicycle parking and rentals, which are duplicative of TRA-2.

Moreover, there is no explanation why other CAPCOA measures were not considered, such as measures related to bike infrastructure including CAPCOA measures T-19A and T-19B (Construct or Improve Bike Facility), measures T-32 (Orient Project Toward Transit, Bicycle, or Pedestrian Facility), measure T-33 (Locate Project near Bike Path/Bike Lane), measure T-37 (Dedicate Land for Bike Trails). Here, the Project is located along a Class II bike lane. (SEIR, PDF p. 187.) It is recommended that MM-GHG-5 measure be modified to include specific elements consistent with these CAPCOA measures (or explain why it is not feasible). / / /
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Pedestrian: MM-GHG-5 also
crosswalks, wayfinding signage), which are common basic infrastructure requirements for large urban developments located adjacent to city streets. This differs from CAPCOA measure T-17 (Improve Street Connectivity), which involves building a new street network in a subdivision or retrofitting an existing one to improve connectivity (e.g., converting cul-de-sacs or dead-end streets to grid streets). While this measure is similar to CAPCOA measure T-18 (Provide Pedestrian Network Improvement), it is most effective at the plan/community scale compared to a project/site context. Hence, it is unlikely this component of MM-GHG-5 will have meaningful reductions in impacts.

Marketing: MM-GHG-5 includes providing information about transit options and nearby attractions. This is akin to CAPCOA measure T-7 (CTR marketing), which typically targets employees and is recommended to be complemented with other specific transit-related measures as part of a more robust CTR program (discussed further below). However, it is recommended that this measure be modified to include CAPCOA measure T-43 (Provide Real-Time Transit Information) to enhance its effectiveness.

Last-Mile Trips: While MM-GHG-5 includes providing information about nearby attractions, it does not address hotel shuttles or other types of incentives for lastmile trips. CAPCOA measure T-38 (Provide First and Last Mile TNC Incentives) encourages a shift to transit mode by addressing first- and last-mile trips within a specific geographic area (e.g., from a local transit station to a destination). This can include subsidized trips utilizing transit agencies and transportation network companies Uber, Lyft, etc.) Similarly, CAPCOA measure T-44 (Provide Shuttles) encourages local shuttle service through coordination with local transit operators or private contractors. Hotels often include shuttle services (e.g., airports, local destinations, hotels, etc.). It is recommended that the MM-GHG-5 measure be modified to include specific requirements for implementing TNC incentive/shuttle (electric) services to nearby locations and transit facilities, which should be marketed to prospective guests (or explained why it is not feasible). Such service should also be made available to employees, which would further support mobile emissions/VMT reductions.

Qualitative Assessment/Annual Reporting: MM-GHG-5 includes only a qualitative assessment is akin to CAPCOA measures
T-5 (voluntary CTR) and T-6 (mandatory CTR), which typically address employee trips and often require robust additional measures (CAPCOA measures T-7 through T-13). However, because mobile emissions (along with energy emissions) are the majority of GHG impacts, it is recommended that this measure be made mandatory and performance-based to the extent feasible. As part of the annual review process, the City should require the applicant to provide appropriate documentation relevant to guest VMTs (e.g., number of guests, estimated average daily trips, etc.) and other details about implementation of mitigation measures (e.g., use of shuttles, subsidized last-mile trips, etc.). This objective data can be provided as part of the annual review process and serve as a basis for future decisionmaking about the feasibility of mitigation measures.
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v. MM-TRA-1 (Implement Commute Trip Reduction Marketing): MM-TRA-1 includes an employee CTR program, which is similar to CAPCOA measures T-5 (voluntary CTR) and T-6 (mandatory CTR), typically requiring robust additional measures (CAPCOA measures T-7 through T-13). However, the 4% performance level is tied to SEIR, PDF p. 179-181.) As discussed above, there are live issues with the VMT analysis that may underestimate VMT impacts (thus warranting perhaps further mitigation). Moreover, the mobile emissions (along with energy emissions) are the majority of GHG impacts, which is admittedly significant. (Id., at
mobile and energy impacts). Therefore, it is recommended that TRA-1 be modified to be a mandatory CTR program consistent with CAPCOA measure T-6 (Mandatory CTR program) to discourage single-occupancy vehicles, including the following:

CAPCOA measures, as recommended above, are to be applied to both guest and employee CTR programs.

CAPCOA measure T-9 (Implement Subsidized or Discounted Transit Program) involves subsidized or discounted transit passes. Currently, the subsidy is estimated at 30% participation and is subsidized at 50%. (SEIR GHG Study, PDF p. 12.) It is recommended that this be increased to eligibility and the amount of subsidy to 100% (or explain why it is not feasible).

CAPCOA measure T-11 (Provide Employer-Sponsored Vanpool) involves an employer-sponsored vanpool service. As mentioned above, hotels typically have shuttle service, and it seems feasible to include an employer-sponsored vanpool. It is recommended that the project incorporate vanpools for employees to the extent possible (or explain why it is not feasible).

CAPCOA measure T-13 (Implement Employee Parking Cash-Out) involves the employer providing employees with a choice of forgoing free parking for a cash payment equivalent to or greater than the cost of the parking space. It is recommended that the project incorporate this option (or explain why it is not feasible).

CAPCOA Transit Measures: The Project Site is conveniently located near multiple bus stops and routes. (SEIR, PDF pp. 164-166, 185.) This may provide an opportunity for the applicant to coordinate with local transit agencies to improve coverage, frequency, or other roadway treatments, consistent with CAPCOA measures T-25 (Extend Transit Network Coverage or Hours), T-26 (Increase Transit Service Frequency), and T-27 (Implement Transit-Supportive Roadway Treatments).

Additionally, there may be an opportunity to provide a bus shelter or additional bike parking near existing transit, consistent with CAPCOA measure T-46 (Provide Transit Shelters) and measure T-47 (Provide Bike Parking Near Transit). / / /
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Currently, SEIR includes several mitigation measures related to energy emissions (i.e., MMGHG-7 through MM-GHG-12. (SEIR, PDF pp. 15-37, 143-156, 179-180.) i. MM-GHG-7 includes building efficiency and calls for LEED certification. (Id., at PDF pp. 18-

19.) However, it does not specify what level. Similarly, it is unclear why measure MM-GHG-4 (EV charging) requires CalGreen Tier 2 standards but not in other areas. (SEIR, PDF p. 16.) It is recommended that the City consider requiring at least LEED Gold or Platinum status and meeting CalGreen Tier 2 standards to the fullest extent feasible (e.g., planning and design, energy efficiency, water efficiency, material recovery, environmental quality, wholebuilding life cycle assessment, Nonresidential Voluntary Measures, etc.).52 The recommendation should capture and/or include CAPCOA measures related to energy efficiency measures (e.g., E-1, E-2, E.3-A/B, E-5, E-21, E-12, E-16, E-24, E-22, E-25). ii. MM-GHGstrategies (e.g., low-flow fixtures, smart irrigation, greywater recycling). (SEIR, PDF p. 21.) It is also recommended that it be modified to include measures consistent with CAPCOA measures W-1 through W-7 (or explain why it is not feasible). iii. MM-GHG-13 (prohibit wood burning devices) is akin to CAPCOA measure E-14, which is meaningful for this non-residential project.

Currently, SEIR includes a mitigation measure related to carbon offsets (i.e., MM-GHG-15). (SEIR, PDF pp. 15-37, 143-156, 179-180.) While commendable, pursued when all possible onsite measures have been implemented or deemed infeasible, in CAPCOA measure M-2.53 Hence, it is recommended that the above mitigation measures be utilized first (or explain why they are infeasible). Additionally, as discussed above (supra section B.4), current GHG/VMT estimates may prove inaccurate, and new onsite mitigation measures may prove -year lifespan (notwithstanding good-faith efforts). This can be mitigated by requiring an annual review of this measure. Therefore, it is recommended that these measures be modified to require annual reporting regardless of whether the applicant utilizes Id., at PDF p. 28.) This can be
coordinated with existing annual reporting requirements and provide the city with the opportunity to consider additional feasible mitigation measures.
/ / /
52 https://www.dgs.ca.gov/bsc/calgreen; https://www.dgs.ca.gov/-/media/Divisions/BSC/05- Resources/CALGreen/2022-CALGreen-Supplement-Guide-07-01-24---Final.pdf. 53 CAPCOA Handbook, PDF p. 460; see also 2022 Scoping Plan, Appendix D, PDF p. 29 (State recommends and prioritize on-site design measures).
912
SEIR Comments RE: B-2 Hotel Project
November 6, 2025

Page 27 of 27 ends

F. CONCLUSION
In conclusion, Local 11 would like to thank the City for the opportunity to provide these comments. In short, it hopes to see revisions to the SEIR and MMRP to address the comments herein. We request that this letter be included in the P Sincerely,
__________________________________________________ Jordan R. Sisson Attorney for Local 11
913
Channel Law Group, LLP
May 7, 2026
Item C.1, May 7, 2026 Planning Commission Public Hearing — Site B-2 Hotel Project (Nickelodeon Hotel Resort) — Supplemental Comments and Objections to Final SEIR (SCH No. 2022060174); Findings of Fact and Statement of Overriding Considerations; PUD-141-01(A); Site Plan No. SP107-2022 (Rev. 2026) (2) Stipulated Writ of Mandate (February 13, 2024)
914
1 STIPULATION AND WRIT OF MANDATE
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28 WOODRUFF, SPRADLIN & SMART ATTORNEYS AT LAW COSTA MESA Fee Exempt Per Gov. Code § 6103

STRADLING YOCCA CARLSON & RAUTH
A Limited Liability Partnership
ALLISON E. BURNS (SBN: 198231)
GREGORY MAESTRI (SBN: 307332)
660 Newport Center Drive, Suite 1600
Newport Beach, CA 92660-6422
Telephone: (949) 725-4000
Fax: (949) 725-4100
[email protected] [email protected]

WOODRUFF & SMART
A Professional Corporation
RICIA R. HAGER (SBN: 234052)
OMAR SANDOVAL (SBN: 175050)
555 Anton Boulevard, Suite 1200
Costa Mesa, CA 92626-7670
Telephone: (714) 558-7000
Fax: (714) 835-7787
[email protected] [email protected]
Attorneys For Respondents,
CITY OF GARDEN GROVE; CITY OF GARDEN

GROVE AS SUCCESSOR AGENCY TO THE AGENCY
FOR COMMUNITY DEVELOPMENT; and

GARDEN GROVE HOUSING AUTHORITY

SUPERIOR COURT FOR THE STATE OF CALIFORNIA

FOR THE COUNTY OF ORANGE, CENTRAL JUSTICE CENTER
MARLENE PEREZ; VIETRISE; MARIA
GUADALUPE ORTIZ; UNITE HERE
LOCAL 11,
Petitioners,
v.

CITY OF GARDEN GROVE; CITY OF

GARDEN GROVE AS SUCCESSOR AGENCY

TO THE AGENCY FOR COMMUNITY
DEVELOPMENT; GARDEN GROVE
HOUSING AUTHORITY; ALL PERSONS

INTERESTED IN THE MATTER OF THE
SEPTEMBER 13, 2022 APPROVALS OF
DISPOSITION OR SALE OF 12291 AND
12311 THACKERY DRIVE AND THE

DISPOSITION AND DEVELOPMENT

AGREEMENT FOR SALE OR
DEVELOPMENT OF 3.72 ACRES AND ALL
CASE NO.: 30-2022-01281816-CU-WMCXC

ASSIGNED FOR ALL PURPOSES TO THE
HONORABLE MELISSA R. MCCORMICK
DEPARTMENT: CX104

STIPULATION AND WRIT OF

MANDATE
DATE ACTION FILED: September 22, 2022

Electronically Filed by Superior Court of California, County of Orange, 02/13/2024 08:00:00 AM. 30-2022-01281816-CU-WM-CXC - ROA # 123 - DAVID H. YAMASAKI, Clerk of the Court By O. Lopez, Deputy Clerk. 915
2 STIPULATION AND WRIT OF MANDATE
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28 WOODRUFF, SPRADLIN & SMART ATTORNEYS AT LAW COSTA MESA RELATED APPROVALS FOR THE SITE B2
PROJECT; DOES 1 through 4,
Respondents.

NEWAGE GARDEN GROVE II, LLC; KAM
SANG COMPANY; DOES 5 through 10,
Real Parties in Interest,
), NEWAGE
PETITIONERS MARLENE PEREZ; VIETRISE, MARIA GUADALUPE ORTIZ; UNITE HERE stipulate as follows:

1. On September 22, 2022, Petitioners filed a Verified Petition for Writ of Mandate, Complaint for Invalidation, Injunctive and Declaratory Relief. On November 15, 2022, Petitioners filed a Verified First Amended Petition for Writ of Mandate, Complaint for Invalidation, Injunctive

2. The Petition challenges on various grounds, including, without limitation, California Mitigated Negative Declaration and various other actions taken by the City Council with respect to The
Project includes rezoning through land use entitlements including a Planned Unit Development amendment (PUD-141- (SP-107-
a street and public alley (SV-002-
Disposition and Development Agreement for sale of City3. On November 23, 2023, the Court issued an Order establishing the briefing schedule it
hearing is scheduled for March 25, 2024.
916
3 STIPULATION AND WRIT OF MANDATE
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28 WOODRUFF, SPRADLIN & SMART ATTORNEYS AT LAW COSTA MESA

4. Prior to and since issuance of that Order, the parties have been engaged in settlement discussions.

5. The parties are entering into this Stipulation and [Proposed] Writ to reflect the settlement reached by the parties with respect to the resolution of this case in a manner whereby the Court retains jurisdiction with respect to subsequent actions on the Approvals including analysis of der
CEQA, as set forth in Proposed Writ paragraph 2 below. All other claims and arguments regarding the Project, compliance with CEQA with respect to the Project, or the Approvals, that were raised in the Petition or that could have been raised, are waived, released and dismissed with prejudice.

6. Specifically, the parties stipulate and agree to the terms set forth in the [Proposed] Writ below.

7. The parties understand and stipulate that the settlement reflected in this Stipulation and [Proposed] Writ is a co
or otherwise shall be construed as an admission of liability with respect to the Petition.

8. Except as agreed to by the parties outside the confines of this Stipulation, the parties stipulate and agree that each party shall bear its own costs, fees and expenses of all kinds incurred up to the date the Writ is signed
to the Project or the Petition (collectively,
other party to the Petition any Costs.

9. This Stipulation may be signed in counterparts and signatures delivered electronically shall be treated as originals.
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
917
4 STIPULATION AND WRIT OF MANDATE
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28 WOODRUFF, SPRADLIN & SMART ATTORNEYS AT LAW COSTA MESA DATED: February 12 , 2024
By: /s/ Ricia R. Hager
Ricia R. Hager

WOODRUFF & SMART, APC
Allison E. Burns
Gregory Maestri

STRADLING YOCCA CARLSON & RAUTH LLP
Attorneys for Defendants,
CITY OF GARDEN GROVE; CITY OF GARDEN

GROVE AS SUCCESSOR AGENCY TO THE
AGENCY FOR COMMUNITY DEVELOPMENT and

GARDEN GROVE HOUSING AUTHORITY
DATED: February 12, 2024 BUCHALTER,
A Professional Corporation
By: /s/ Brian Fish
Brian Fish
Chandra A. Roam
Attorneys for Real Parties-in-Interest, NEWAGE
GARDEN GROVE II, LLC; and KAM SANG
COMPANY, INC.

DATED: February 9, 2024 LAW OFFICE OF GIDEON KRACOV
By /s/ Gideon Kracov
Gideon Kracov
Jordan R. Sisson
Attorneys for Petitioners,

MARLENE PEREZ, VIETRISE, MARIA
GUADALUPE ORTIZ, and UNITE HERE LOCAL 11
918
5 STIPULATION AND WRIT OF MANDATE
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28 WOODRUFF, SPRADLIN & SMART ATTORNEYS AT LAW COSTA MESA WRIT
The parties having entered into the above written stipulation and good cause appearing therefore, IT IS HEREBY ORDERED that:

1. If Respondents and Real Party in Interest decide to proceed with the Project, including any modified version of the Project, Respondents shall (a) prepare a focused review under potentially significant Vehicle Miles Travelled (VMT)
and Greenhouse Gas (GHG) impacts; (b) assess whether modifications are needed to the Approvals, including any mitigation measures and conditions of approval, in light of that focused CEQA analysis; and (c) approve, approve with modifications, or deny the PUD in open session during a publicly agendized meeting of the City Council pursuant to Municipal Code section

9.32.030.

2. Unless the parties subsequently agree to a dismissal of the Writ proceedings with prejudice and the Court enters that dismissal, the Court retains jurisdiction consistent with Public Resources Code section 21168.9(b) with respect to any challenge (i) to the actions taken by ure to comply with
Paragraph 1. All other claims and arguments relating to the Project, compliance with CEQA with respect to the Project, or the Approvals, that were or could have been raised in the Petition, including without limitation any claims or argu
than VMT and GHG and all claims and argument
Action, are hereby waived, released and dismissed with prejudice.

3. To the extent that Respondents take further action to proceed with the Project or a modified version of the Project, Respondents are directed to make and file a return to this Writ summarizing any actions taken by Respondents to comply with Paragraph 1 of this Writ no later than the date that is ninety (90) days after taking those actions.

4. Objections, if any, to the return to the Writ shall be filed with the Court and served on Respondents and Real Parties in Interest no later than thirty (30) days after service of the 919
6 STIPULATION AND WRIT OF MANDATE
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28 WOODRUFF, SPRADLIN & SMART ATTORNEYS AT LAW COSTA MESA applicable return to the Writ. Any reply to those objections shall be filed with the Court and served on the objecting party no later than thirty (30) days after service of the objections.

5. Pursuant to Public Resources Code section 21168.9(c), the Court does not direct Respondents to exercise their lawful discretion in any particular way.

6. Respondents and Real Parties in Interest may not make any physical changes to the environment as it relates to the property proposed for development under the Project pending discharge of this Writ in accordance with the terms of this Writ or, alternatively, the parties subsequently agreeing to dismissal of these proceedings with prejudice and the Court entering that dismissal.

7. ear its own
costs, fees and expenses of all kinds incurred up to the date this Writ is signed, including, without er from the other parties to the Petition any Costs.

Let the foregoing peremptory writ of administrative mandate issue.

DATED: February 13, 2024 _________________________________ MELISSA R. MCCORMICK

JUDGE OF THE SUPERIOR COURT
920
NICKELODEON RESORT HOTEL GARDEN GROVE, CALIFORNIA CITY of GARDEN GROVE SHEET TITLE

CITY OF GARDEN GROVE PRELIMINARY

KAM SANG COMPANY
411 EAST HUNTINGTON DRIVE, ARCADIA, CA
921
NICKELODEON RESORT HOTEL GARDEN GROVE, CALIFORNIA CITY of GARDEN GROVE SHEET TITLE 104 614
114 - 52,206 S.F. - 40,656 S.F. 74314
84 - 52,206 S.F. - 52,206 S.F. - 52,206 S.F. 110 110 110 614 100 614
100 614
100 528 20 28 40,656 / 250 = 163 OCC LOAD 8,600 / 300 = 29 OCC LOAD 289,891 / 200 = 1149 OCC LOAD 5,480 / 30 = 183 OCC LOAD 16,492 / 100 = 165 OCC LOAD 11,329 / 100 = 113 OCC LOAD 3,173 / 100 = 32 OCC LOAD 8,532 / 50 = 171 OCC LOAD 7,000 / 15 = 467 OCC LOAD 13,238 / 15 = 883 OCC LOAD 8,225 / 15 = 549 OCC LOAD 7,039 / 15 = 469 OCC LOAD 22,296 / 15 = 1,486 OCC LOAD 4,031 / 7 = 577 OCC LOAD 4,194 / 7 = 599 OCC LOAD 9,490 / 7 = 1,355 OCC LOAD ( B ) ( A ) 922
ELEV. No. 2 ELEV. No. 2 FRONT FRONT
Sheet: 1 File: .\Pages from 2015-06-09 Compiled - Version 5.pdf Missing or invalid reference ELECT. ELECT. ELECT. ELECT. ELECT. ELECT. ELECT.
043 042 040 039 038 037 036 035 034 033 032 031 030 029 028 027 026 025 024 023 022 021 020 019 018 017 016 015 014 013 012 011 010 009 008 007 006 005 004 003 002 001 044 045 046 047 048 049 050 051 052 053 054 055 056 057 058 059 060 061 062 063 064 065 066 067 068 069 070 071 072 073 074 075 076 077 078 079 080 081 114 113 112 111 110 109 108 107 106 105 104 103 102 101 100 099 098 097 096 095 094 093 092 091 090 089 088 087 086 085 084 083 082 ELEV.

VEST.
480'-4"
18'-6" 12'-0" 422'-0" 27'-10" 350'-0" 10'-7" 126'-0" 25'-0" 31'-4" 480'-4"
11'-1"
27'-0"
9'-0" 9'-0"
TYP. 26'-0"
25'-0" 2'-0" 6'-0" 17'-0" 2'-0" 26'-0" 20'-0" 21'-0"
28'-0" 26'-0" 26'-0"
25'-0"
9'-6" 9'-0"
TYP.
9'-6"
24'x24" CONC.

COL. TYP.
+ 42" CONC.

WALL
4'-0" 27'-0"
4'-0"
27'-0"
12'-11" 12'-11"
R50'-8"
R223'-0" 19'-0"
9'-0"
10'-0"
6'-0"
10'-0"
PL PL
PL PL
PL
PL
Sheet: 1 File: .\Pages from 2015-06-09 Compiled - Version 5.pdf Missing or invalid reference PL
PL
10'-0"
6'-0"
10'-0"
4'-0"

EV CHARGING
STATION TYP. NICKELODEON RESORT HOTEL GARDEN GROVE, CALIFORNIA CITY of GARDEN GROVE SHEET TITLE N
LEVEL B1- BASEMENT LEVEL GARAGE FLOOR PLAN
923
Sheet: 1 File: .\Pages from 2015-06-09 Compiled - Version 5.pdf Missing or invalid reference Sheet: 1 File: .\Pages from 2015-06-09 Compiled - Version 5.pdf Missing or invalid reference NICKELODEON RESORT HOTEL GARDEN GROVE, CALIFORNIA CITY of GARDEN GROVE SHEET TITLE N
LEVEL 1 - GRADE LEVEL FLOOR PLAN

HARBOR BLVD TWIN TREE AVENUE
N00°39'55"E
TELE
12"W
3"GAS
10"SEWER
6"W

ELEC/CATV

ADMINISTRATION 'A'

THEATRE

SUPPORT

STUDIO NICK

SHIPPING /

RECEIVING
TRASH

COMPACTOR

RECIEVING TRASH COMPACTOR
BELL /
VALET

NICK CENTRAL
ELEV.

LOBBY
ELEV.

VEST.

ELEV.

VEST.

DROP-OFF

DRIVE WAY

EMERGENCY

EXIT ONLY

GARAGE VEHICLE

ACCESS RAMP
BAR

CONCIERGE

INTERACTIVE

KIDS LOUNGE

PLAYFUL

ELEMENT
'A'

WAITING
LOUNGE
ELECT. ELECT. ELECT. ELECT. ELECT.
145 116 115 144 143 142 141 140 139 138 137 136 135 134 133 132 131 130 129 128 127 126 125 124 123 122 121 120 119 118 117 146 173 174 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 198 197 196 195 194 193 192 191 190 189 188 187 186 185 184 183 182 181 180 179 178 177 176 175 LEFT TURN ONLY 480'-4"
18'-6" 12'-0" 422'-0" 27'-10"
25'-0" 85'-0" 13'-1" 14'-9"
25'-0" 350'-0" 9'-11" 33'-3" 31'-6" 23'-7" 34'-1" 35'-5" 126'-0" 25'-0" 31'-4" 480'-4"
15'-2" 115'-3" 45'-8" 88'-8" 115'-5" 32'-8"
12'-0" 12'-0" 12'-0" 12'-0" 12'-0" 12'-0"
R18'-0" 15'-0" 15'-0" 15'-0" 7'-0"
12'-0" 12'-1 " 12'-0" 16'-0" 1'-0"
15'-0" 15'-0"
15'-0" 19'-6"
43'-4" 24'-2"
15'-0"
8'' WALL - 8'-0'' HIGHT 8'' WALL - 8'-0'' HIGHT
9'-0" 9'-0"
TYP. 26'-0"
25'-0" 2'-0" 6'-0" 17'-0" 2'-0" 26'-0" 20'-0" 21'-0"
25'-0" 26'-0" 26'-0" 8'-4"
24'x24" CONC.

COL. TYP.

MAIN ELEC

SERVICE
RIGHT
TURN

ONLY RAMP UP RAMP UP
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115
115

GARAGE VEHICLE

ACCESS RAMP

LANDSCAPE LANDSCAPE

LANDSCAPE

LANDSCAPE
924
ELEV. No. 2 ELEV. No. 2 FRONT FRONT ELEV. No. 5 ELEV. No. 6 FRONT FRONT ELEV. No. 7 FRONT
ELEV. No. 5
ELEV. No. 6
ELEV. No. 5
ELEV. No. 6
NICK

CENTRAL SIPS

BITS AND BYTES

PLAYFUL

ELEMENT
'B'

OPEN TO
BELOW
kNICK kNACKS
ELEV.

LOBBY

PLAYFUL

ELEMENT
'C'

STUDIO NICK
BELOW
ELECT. ELECT. ELECT. ELECT. ELECT. ELECT. ELECT.
240 239 238 237 236 235 234 233 232 231 230 229 228 227 226 225 224 223 222 221 220 219 218 217 216 215 214 213 212 211 210 209 208 207 206 205 204 203 202 201 200 199 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 308 307 306 305 304 303 302 301 300 299 298 297 296 295 294 293 292 291 290 289 288 287 286 285 284 283 282 281 280 279 HARBOR BLVD N00°39'55"E
12"W
TELE
12"W
3"GAS
10"SEWER
6"W

ELEC/CATV
HARBOR BLVD N00°39'55"E CL 48'-0" 51'-8" 8'-4"
t:
il : .\ fr - - il - r i . f
i i r i li r f r
480'-4"
18'-6" 12'-0" 422'-0" 27'-10" 350'-0" 126'-0" 25'-0" 31'-4" 480'-4"
PL PL
PL PL
PL
PL
Sheet: 1 File: .\Pages from 2015-06-09 Compiled - Version 5.pdf Missing or invalid reference PL
PL 35'-5" 34'-1" 23'-7" 31'-6" 33'-3" 9'-11"
16'-11"
15'-2" 8'-2"
113'-6" 31'-4" 123'-0" 5'-9" 66'-4" 51'-5" 19'-6" 350'-0"45'-7" 28'-10" 18'-2" 34'-5" 2'-2" 27'-0"
9'-0" 9'-0"
TYP. 26'-0"
25'-0" 2'-0" 6'-0" 17'-0" 2'-0" 26'-0" 20'-0" 21'-0"
28'-0" 26'-0" 26'-0"
25'-0"
9'-6" 9'-0"
TYP.
9'-6"
24'x24" CONC.

COL. TYP.
+ 42" CONC.

WALL
4'-0" 27'-0"
4'-0"
27'-0" 19'-0"
9'-0"
10'-0"
6'-0"
10'-0"
10'-0"
6'-0"
10'-0"
4'-0"

EV CHARGING
STATION TYP. 14'-4"
+ 42" CONC.

WALL

BUILDING
ABOVE
CL CL NICKELODEON RESORT HOTEL GARDEN GROVE, CALIFORNIA CITY of GARDEN GROVE SHEET TITLE N
LEVEL 2 - FLOOR PLAN
925
ELEV. No. 2 ELEV. No. 2 FRONT FRONT ELEV. No. 5 ELEV. No. 6 FRONT FRONT ELEV. No. 7 FRONT
ELEV. No. 5 ELEV. No. 6 FRONT FRONT
ELEV. No. 5
ELEV. No. 6
ELEV. No. 5
ELEV. No. 6
NOSH
RETAIL

OPEN TO
BELOW
MENS

RESTROOM WOMENS

RESTROOM

BALLROOM

MEETING ROOM
B

MEETING ROOM
A
ELEV.

LOBBY
ELECT. ELECT. ELECT. ELECT. ELECT. ELECT. ELECT.
350 349 348 347 346 345 344 343 342 341 340 339 338 337 336 335 334 333 332 331 330 329 328 327 326 325 324 323 322 321 320 319 318 317 316 315 314 313 312 311 310 309 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 418 417 416 415 414 413 412 411 410 409 408 407 406 405 404 403 402 401 400 399 398 397 396 395 394 393 392 391 390 389 BOH
Sheet: 1 File: .\Pages from 2015-06-09 Compiled - Version 5.pdf Missing or invalid reference 480'-4"
18'-6" 12'-0" 422'-0" 27'-10" 350'-0" 126'-0" 25'-0" 31'-4" 480'-4"
PL PL
PL PL
PL
PL
Sheet: 1 File: .\Pages from 2015-06-09 Compiled - Version 5.pdf Missing or invalid reference PL
PL 35'-5" 34'-1" 23'-7" 31'-6" 33'-3" 9'-11"
15'-2" 8'-2"
16'-11" 113'-6" 45'-7" 25'-5" 124'-8"
69'-10"
42'-7" 27'-4" 16'-6" 3'-0" 31'-4" 123'-0" 51'-5" 19'-6" 350'-0" 18'-3" 9'-5" 44'-2" 52'-11" 2'-4" 27'-0"
9'-0" 9'-0"
TYP. 26'-0"
25'-0" 2'-0" 6'-0" 17'-0" 2'-0" 26'-0" 20'-0" 21'-0"
28'-0" 26'-0" 26'-0"
25'-0"
9'-6" 9'-0"
TYP.
9'-6"
24'x24" CONC.

COL. TYP.
+ 42" CONC.

WALL
4'-0" 27'-0"
4'-0"
27'-0" 19'-0"
9'-0"
10'-0"
6'-0"
10'-0"
10'-0"
6'-0"
10'-0"
4'-0"

EV CHARGING
STATION TYP. NICKELODEON RESORT HOTEL GARDEN GROVE, CALIFORNIA CITY of GARDEN GROVE SHEET TITLE N
LEVEL 3 - MEETING LEVEL FLOOR PLAN
926
ELEV. No. 2 ELEV. No. 2 FRONT FRONT ELEV. No. 5 ELEV. No. 6 FRONT FRONT ELEV. No. 7 FRONT
ELEV. No. 5 ELEV. No. 6 FRONT FRONT
ELEV. No. 5
ELEV. No. 6
ELEV. No. 5
ELEV. No. 6

STUDIO HALL

OPEN TO
BELOW

OPEN TO
BELOW
MENS

RESTROOM WOMENS

RESTROOM

BUSINESS

MEETING
BELOW

BALLROOM
BELOW
ELEV.

LOBBY
ELECT. ELECT. ELECT. ELECT. ELECT. ELECT. ELECT.
460 459 458 457 456 455 454 453 452 451 450 449 448 447 446 445 444 443 442 441 440 439 438 437 436 435 434 433 432 431 430 429 428 427 426 425 424 423 422 421 420 419 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 528 527 526 525 524 523 522 521 520 519 518 517 516 515 514 513 512 511 510 509 508 507 506 505 504 503 502 501 500 499 BOH
Sheet: 1 File: .\Pages from 2015-06-09 Compiled - Version 5.pdf Missing or invalid reference 480'-4"
18'-6" 12'-0" 422'-0" 27'-10" 350'-0" 126'-0" 25'-0" 31'-4" 480'-4"
PL PL
PL PL
PL
PL
Sheet: 1 File: .\Pages from 2015-06-09 Compiled - Version 5.pdf Missing or invalid reference PL
PL 35'-5" 34'-1" 23'-7" 31'-6" 33'-3" 9'-11"
16'-11" 113'-6" 45'-7" 28'-10" 31'-4" 123'-0" 51'-5" 19'-6" 350'-0" 18'-3" 9'-5" 44'-2" 52'-11" 27'-0"
9'-0" 9'-0"
TYP. 26'-0"
25'-0" 2'-0" 6'-0" 17'-0" 2'-0" 26'-0" 20'-0" 21'-0"
28'-0" 26'-0" 26'-0"
25'-0"
9'-6" 9'-0"
TYP.
9'-6"
24'x24" CONC.

COL. TYP.
+ 42" CONC.

WALL
4'-0" 27'-0"
27'-0" 4'-0" 19'-0"
9'-0"
10'-0"
6'-0"
10'-0"
10'-0"
6'-0"
10'-0"
4'-0"

EV CHARGING
STATION TYP.

PL 16'-6" 2'-4" 3'-0" NICKELODEON RESORT HOTEL GARDEN GROVE, CALIFORNIA CITY of GARDEN GROVE SHEET TITLE N
LEVEL 4 - FLOOR PLAN
927
ELEV. No. 2 ELEV. No. 2 FRONT FRONT ELEV. No. 5 ELEV. No. 6 FRONT FRONT ELEV. No. 5
ELEV. No. 6
ELEV. No. 5
ELEV. No. 6 ELEV. No. 5 ELEV. No. 6 FRONT FRONT

HUMAN RESOURCE

SECURITY

ENGINEERING/

BUILDING CONTROL
CENTER

CHILLER
PLANT

POOL & WATER

FEATURE EQUIPMENT

CENTRAL PLANT

POOL & WATER

FEATURE

CONTROL
CENTER

KITCHEN

LAUNDRY

ACCOUNTING
ELEV. No. 5 ELEV. No. 6 FRONT FRONT BANQUET

KITCHEN DISH

WASHING
ROOM

SERVICE

HOUSEKEEPING 'A'
DIRTY

LAUNDRY

HOUSEKEEPING 'B'

VISITORS
LOUNGE

ADMINISTRATION MENS LOCKER WOMENS LOCKER
SALES
SECURE

STORAGE

SERVICE

CORE 'A'

SERVICE

CORE 'B'

SERVICE

CORE 'C'

OPEN TO
BELOW

MAIN ELECTRICAL
ROOM "B"

EMERGENCY

GENERATOR EMPLOYEE LOUNGE EMPLOYEE

LOUNGE KITCHEN

CORRIDOR

EGRESS CORRIDOR 'B'

EGRESS CORRIDOR 'C' EGRESS CORRIDOR 'A'
Sheet: 1 File: .\Pages from 2015-06-09 Compiled - Version 5.pdf Missing or invalid reference 480'-4"
18'-6" 12'-0" 422'-0" 27'-10" 350'-0" 98'-0" 25'-0" 31'-4" 480'-4"
PL PL
PL PL
PL
PL
Sheet: 1 File: .\Pages from 2015-06-09 Compiled - Version 5.pdf Missing or invalid reference PL
PL 31'-4" 123'-0" 2'-4" 19'-6" 350'-0" 82'-4" 38'-11" 6'-3" 58'-10" 34'-1" 23'-7" 31'-6" 33'-3" 9'-11" 33'-0" 30'-5" 16'-11" 113'-4" 45'-9" 150'-1" 50'-4" 69'-9" 27'-10" 16'-6" 2'-4" 3'-0" 6'-4"

BUILDING
BELOW

BUILDING
BELOW NICKELODEON RESORT HOTEL GARDEN GROVE, CALIFORNIA CITY of GARDEN GROVE SHEET TITLE N
LEVEL 5 - SERVICE LEVEL FLOOR PLAN
928
ELEV. No. 5 ELEV. No. 6 FRONT FRONT ELEV. No. 5 FRONT ELEV. No. 6 FRONT ELEV. No. 5 ELEV. No. 6 FRONT FRONT ELEV. No. 5 ELEV. No. 6 FRONT FRONT FRESCO

NEW YORK
PIZZA
ELEV.

LOBBY
WOMENS

RESTROOM
MENS

RESTROOM
SERV.

VEST.

BITS &
BYTES
AQUA
BITE
Sheet: 1 File: .\Pages from 2015-06-09 Compiled - Version 5.pdf Missing or invalid reference PL PL PL PL PL PLSheet: 1 File: .\Pages from 2015-06-09 Compiled - Version 5.pdf Missing or invalid reference PL PL 480'-4"
18'-6" 12'-0" 422'-0" 27'-10" 350'-0" 98'-0" 25'-0" 31'-4" 480'-4" 31'-4" 101'-0" 2'-4" 19'-6" 350'-0" 82'-4" 34'-1" 23'-7" 31'-6" 33'-3" 9'-11" 33'-0" 30'-5" 16'-11" 113'-4" 45'-9" 150'-1" 50'-4" 69'-9" 27'-10" 91'-6" 22'-0" 16'-6" 2'-4" 3'-0" 6'-4"

BUILDING
BELOW

BUILDING
BELOW NICKELODEON RESORT HOTEL GARDEN GROVE, CALIFORNIA CITY of GARDEN GROVE SHEET TITLE LEVEL 6 - POOL & DINING LEVEL FLOOR PLAN N
929
ELEV. No. 5 ELEV. No. 6 FRONT FRONT ELEV. No. 5 FRONT ELEV. No. 6 FRONT ELEV. No. 5 ELEV. No. 6 FRONT FRONT ELEV. No. 5 ELEV. No. 6 FRONT FRONT ELEV. No. 5 FRONT ELEV. No. 6 FRONT ELEV. No. 5 ELEV. No. 6 FRONT FRONT

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SERVICE

STORAGE

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64'-8" 19'-6" 262'-0" 121'-7" 350'-0" 93'-9" 25'-0" 31'-4" 480'-4" 31'-4" 95'-6" 350'-0" 184'-0" 25'-3" 13'-5" 131'-4" 21'-10" 8'-1" 375'-2" 77'-4" 27'-10" 23'-9" 15'-5"
6'-9" 5'-10" NICKELODEON RESORT HOTEL GARDEN GROVE, CALIFORNIA CITY of GARDEN GROVE SHEET TITLE LEVEL 7 to 22 - GUEST ROOM LEVEL FLOOR PLAN N
930
ELEV. No. 5 ELEV. No. 6 FRONT FRONT ELEV. No. 5 FRONT ELEV. No. 6 FRONT ELEV. No. 5 ELEV. No. 6 FRONT FRONT ELEV. No. 5 ELEV. No. 6 FRONT FRONT kids SPA

SPA LOBBY
SPA-AHH!

THE ODEON
RELIEF
WINE

SHOW CASE WOMENS MENS RESTROOM
RESTROOM ELEV.

VEST.

SERVICE /

STORAGE
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6'-9" 5'-10" PL PL NICKELODEON RESORT HOTEL GARDEN GROVE, CALIFORNIA CITY of GARDEN GROVE SHEET TITLE LEVEL 23 - SPA & FINE DINING LEVEL FLOOR PLAN N
931
NICKELODEON RESORT HOTEL GARDEN GROVE, CALIFORNIA CITY of GARDEN GROVE SHEET TITLE +0"
+15'‐4"
+27'‐8"
+40'‐1"
+50'‐6"
+60'‐7"
+72'‐7"
+84'‐7"
+96'‐7"
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+276'‐7"
+288'‐7"
+300'‐7"
+312'‐7"
+330'‐0"
+335'‐8"
‐ 11'‐0"

EXTERIOR ELEVATION - EAST
14 932
NICKELODEON RESORT HOTEL GARDEN GROVE, CALIFORNIA CITY of GARDEN GROVE SHEET TITLE +0"
+15'‐4"
+27'‐8"
+40'‐1"
+50'‐6"
+60'‐7"
+72'‐7"
+84'‐7"
+96'‐7"
+108'‐7"
+120'‐7"
+132'‐7"
+144'‐7"
+156'‐7"
+168'‐7"
+180'‐7"
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+228'‐7"
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+264'‐7"
+276'‐7"
+288'‐7"
+300'‐7"
+312'‐7"
+330'‐0"
+335'‐8"
‐ 11'‐0" EXTERIOR ELEVATION - SOUTH
15 933
NICKELODEON RESORT HOTEL GARDEN GROVE, CALIFORNIA CITY of GARDEN GROVE SHEET TITLE +0"
+15'‐4"
+27'‐8"
+40'‐1"
+50'‐6"
+60'‐7"
+72'‐7"
+84'‐7"
+96'‐7"
+108'‐7"
+120'‐7"
+132'‐7"
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+156'‐7"
+168'‐7"
+180'‐7"
+192'‐7"
+204'‐7"
+216'‐7"
+228'‐7"
+240'‐7"
+252'‐7"
+264'‐7"
+276'‐7"
+288'‐7"
+300'‐7"
+312'‐7"
+330'‐0"
+335'‐8"
‐ 11'‐0"

EXTERIOR ELEVATION - WEST
16 934
NICKELODEON RESORT HOTEL GARDEN GROVE, CALIFORNIA CITY of GARDEN GROVE SHEET TITLE +0"
+15'‐4"
+27'‐8"
+40'‐1"
+50'‐6"
+60'‐7"
+72'‐7"
+84'‐7"
+96'‐7"
+108'‐7"
+120'‐7"
+132'‐7"
+144'‐7"
+156'‐7"
+168'‐7"
+180'‐7"
+192'‐7"
+204'‐7"
+216'‐7"
+228'‐7"
+240'‐7"
+252'‐7"
+264'‐7"
+276'‐7"
+288'‐7"
+300'‐7"
+312'‐7"
+330'‐0"
+335'‐8"
‐ 11'‐0"

EXTERIOR ELEVATION - NORTH
17 935
NICKELODEON RESORT HOTEL GARDEN GROVE, CALIFORNIA CITY of GARDEN GROVE SHEET TITLE PARKING LEVEL G2
PARKING LEVEL G1
PARKING LEVEL G3
PARKING LEVEL G4
PARKING LEVEL B1

DRIVE RAMP

BALLROOM MEETINGBOH
NI
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TUD
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O
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H
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PROGRAM

ENTERTAINMENT
SPA and FITNESS
33 GUEST MODULES

EACH LEVEL TYPICAL

PROPERTY
LINE
80'-0" 56'-10" 182'-7" 31'-4"

PROPERTY
LINE
47'-7"
398'-3"
+0"
+15'‐4"
+27'‐8"
+40'‐1"
+50'‐6"
+60'‐7"
+72'‐7"
+84'‐7"
+96'‐7"
+108'‐7"
+120'‐7"
+132'‐7"
+144'‐7"
+156'‐7"
+168'‐7"
+180'‐7"
+192'‐7"
+204'‐7"
+216'‐7"
+228'‐7"
+240'‐7"
+252'‐7"
+264'‐7"
+276'‐7"
+288'‐7"
+300'‐7"
+312'‐7"
+330'‐0"
+335'‐8"
‐ 11'‐0"

PROGRAM

ENTERTAINMENT

CIRCULATION

PROGRAM

ENTERTAINMENT BUILDING SECTION
18 936

TWIN TREE AVENUE
8'' WALL - 6'-0'' HIGHT ELEV. No. 2 ELEV. No. 2 FRONT FRONT ELEV. No. 5 ELEV. No. 6 FRONT FRONT ELEV. No. 5
ELEV. No. 6
ELEV. No. 5
ELEV. No. 6

ADMINISTRATION 'A'

THEATRE

SUPPORT

SHIPPING /

RECEIVING
TRASH

COMPACTOR

RECIEVING TRASH COMPACTOR
ELEV.

LOBBY
ELEV.

VEST.

ELEV.

VEST.

CONCIERGE

INTERACTIVE

KIDS LOUNGE

PLAYFUL

ELEMENT
'A'
ELECT. ELECT. ELECT. ELECT. ELECT.
145 144 143 142 141 140 139 138 137 136 135 134 133 132 131 130 129 128 127 126 125 124 123 122 121 120 119 118 117 116 115 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 198 197 196 195 194 193 192 191 190 189 188 187 186 185 184 183 182 181 180 179 178 177 176 175 LEFT TURN ONLY 25'-0"
8'' WALL - 8'-0'' HIGHT
8'' WALL - 8'-0'' HIGHT
8'' WALL - 8'-0'' HIGHT
24'x24" CONC.

COL. TYP.

MAIN ELEC

SERVICE
RIGHT
TURN

ONLY RAMP UP RAMP UP
PL PL
PL
PL PL
PL
0 deg 0 deg WB-40 (C) 2019 Transoft Solutions, Inc. All rights reserved. AASHTO 2004 (US) 40 deg 9 deg
5 deg
10 deg WB-40 (C) 2019 Transoft Solutions, Inc. All rights reserved. AASHTO 2004 (US) 0 deg
MH
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Width
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29.99 Steering Angle : 33.8 deg
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WB-40
Trailer Track
Tractor Track
Trailer Width
Tractor Width

2.99 12.50
Feet

8.01 : 8.01

8.01 8.01
:
:
:

0.00 2.99 25.49

7.51 33.00
:
:
: 6.0 s

20.3 deg

70.0 deg
0 deg 0 deg WB-40 (C) 2019 Transoft Solutions, Inc. All rights reserved. AASHTO 2004 (US) 40 deg 9 deg
5 deg
10 deg WB-40 (C) 2019 Transoft Solutions, Inc. All rights reserved. AASHTO 2004 (US) MH(C) 2019 Transoft Solutions, Inc. All rights reserved. AASHTO 2011 (US) 0 deg MH(C) 2019 Transoft Solutions, Inc. All rights reserved. AASHTO 2011 (US) 34 deg ELEV. No. 2 ELEV. No. 2 FRONT FRONT
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043 042 040 039 038 037 036 035 034 033 032 031 030 029 028 027 026 025 024 023 022 021 020 019 018 017 016 015 014 013 012 011 010 009 008 007 006 005 004 003 002 001 044 045 046 047 048 049 050 051 052 053 054 055 056 057 058 059 060 061 062 063 064 065 066 067 068 069 070 071 072 073 074 075 076 077 078 079 080 081 114 113 112 111 110 109 108 107 106 105 104 103 102 101 100 099 098 097 096 095 094 093 092 091 090 089 088 087 086 085 084 083 082 ELEV.

VEST.
24'x24" CONC.

COL. TYP.
+ 42" CONC.

WALL
PL PL
PL
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EV CHARGING
STATION TYP.
0 deg
MH
(C) 2019 Transoft Solutions, Inc. All rights reserved. AASHTO 2018 (US) 3 deg
MH(C) 2019 Transoft Solutions, Inc. All rights reserved. AASHTO 2018 (US) Lock to Lock Time
Width
Track
:
:
:

Feet
MH

6.0 s

8.01 8.01

4.00 20.01

29.99 Steering Angle : 33.8 deg
Steering Angle
Lock to Lock Time
Articulating Angle
WB-40
Trailer Track
Tractor Track
Trailer Width
Tractor Width

2.99 12.50
Feet

8.01 : 8.01

8.01 8.01
:
:
:

0.00 2.99 25.49

7.51 33.00
:
:
: 6.0 s

20.3 deg

70.0 deg
MH(C) 2019 Transoft Solutions, Inc. All rights reserved. AASHTO 2011 (US) 0 deg MH(C) 2019 Transoft Solutions, Inc. All rights reserved. AASHTO 2011 (US) 34 deg NICKELODEON RESORT HOTEL GARDEN GROVE, CALIFORNIA CITY of GARDEN GROVE SHEET TITLE N
VEHICLE TURN RADIUS LEVEL 1
VEHICLE TURN RADIUS @ TYPICAL GARAGE PLATE
19 937
Sheet: 1 File: .\Pages from 2015-06-09 Compiled - Version 5.pdf Missing or invalid reference Sheet: 1 File: .\Pages from 2015-06-09 Compiled - Version 5.pdf Missing or invalid reference NICKELODEON RESORT HOTEL GARDEN GROVE, CALIFORNIA CITY of GARDEN GROVE SHEET TITLE N

PROJECT RENDERINGS
938
Item 234/2026
Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Patricia Song
Dept: City Manager Dept: Finance
Date: 6/9/2026
Subject: Adoption of a Resolution amending User Fees for Tree Removals and Aquatic Pool Rentals. (Action Item)

OBJECTIVE
For the City Council to conduct a public hearing to consider the adoption of the attached resolution amending certain user fees.

BACKGROUND
State law grants cities the authority to establish and implement fees, rates, and charges for municipal services, provided they do not exceed the estimated reasonable cost of delivering those services. This framework ensures that the City can recover the direct and indirect costs associated with providing specific services to the community, without placing an undue burden on the general taxpayer.

Over the years, the City Council has approved various fees and charges to support a wide range of City services – such as planning fees, building permits, water services, and facility uses – based on this cost-recovery principle. To enhance transparency and streamline the management of these fees, the City Council adopted a Master Fee Schedule in 1994. This consolidated document brought together all approved fees and charges across departments into a single, comprehensive reference. The Master Fee Schedule continues to serve as the City’s central source for service-related fee information and is periodically updated to reflect changes in service delivery costs, regulatory requirements, and community needs.

DISCUSSION
User fees and charges are payments made for voluntarily requested, publicly provided services that benefit specific individuals rather than the general public. In accordance with sound financial management practices, these fees should aim to fully recover the costs of providing such services to protect the broader public interest. Since fees are to be based on actual service costs, periodic reviews are essential to ensure they remain aligned with current cost structures.
939
Item 234/2026

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During a recent review, staff identified the need to update certain fees to accurately reflect current labor and contractual costs, thereby ensuring fairness and cost recovery.

Aquatics, Park Pool Rental Fees
In 2023, the Community Services Department completed a comprehensive fee study and restructured the entire Community Services fee schedule. As part of that effort, facility classifications were standardized across City facilities. However, a separate fee category was not established for park pool rentals. Historically, aquatics-related charges were incorporated into program fees associated with aquatic activities.

To maintain consistency with other facility rental practices, the Community Services Department is proposing the creation of a new Aquatics – Park Pool Rental fee category utilizing the same classification structure currently applied throughout the fee schedule. The proposed fees would apply to the City’s three pool facilities located at Magnolia Park, Gary Hall, and the newly renovated Woodbury Park.

The proposed fees are intended to recover costs associated with lifeguard staffing, pool maintenance, and other operational expenses necessary to maintain the facilities and provide continued recreational opportunities for the community.

The proposed fee structure consists of two components: facility cost and staffing cost.

For the facility component, and to remain consistent with current charges incorporated within aquatic programs, pool rental fees are proposed to be calculated at a rate of $0.015 per square foot.

The staffing component includes the cost of two lifeguards, along with prorated Pool Manager and Maintenance Worker support costs, resulting in an hourly staffing charge of $50. A minimum of two lifeguards will be required and on duty during all rental periods.

The proposed fees for each facility are presented below. Consistent with the existing facility rental fee structure, no charge is proposed for Class I users. The fees presented below reflect Class II rates. Proposed fees for Classes III through V are provided in Exhibit A – Proposed Aquatics, Park Pool Rental Fees.

Staff also conducted a survey of neighboring cities to ensure the proposed fees remain fair and reasonable for City residents. Due to the unique characteristics of each facility, direct Facility Cost Staffing Cost1 Proposed Fee2
Facility Pool Sq. Ft. Pool Capacity ($0.015/sq. ft.) (2 Lifeguards) Total Cost (Minimum) Magnolia 720 50 $ 10.80 $ 50.00 $ 60.80 $ 60.00
Gary Hall 2,400 100 $ 36.00 $ 50.00 $ 86.00 $ 85.00
Woodbury 3,150 150 $ 47.25 $ 50.00 $ 97.25 $ 95.00
1 Current Lifeguard hourly rate is $20. Staffing Costs include prorated Pool Manager and Maintenance Worker support. 2 Fees are for Class II. Class III, IV, and V are calculated using incremental increases ranging from $15 to $25. Please refer to the Fee Schedule for detailed amounts.
940
Item 234/2026

Page 3 of 4 ends

comparisons are challenging. However, based on available data, it is reasonable to conclude that the proposed rates are generally comparable to, and in many cases lower than, pool rental fees currently charged by other cities in Orange County.

City Tree Removal Fees
The Public Works Department recently completed a cost analysis of City tree removal services. In addition to the costs paid to the City’s contractor, significant staff resources are also required to administer the process. These include time spent processing requests, conducting site inspections, reviewing and processing applications, determining costs, coordinating deposits, and managing contractor scheduling and related administrative functions.

The proposed adjustment to the City Tree Removal fee is intended to better align user fees with the actual cost of providing tree removal services and to restore full cost recovery. These fees are charged only to applicants who directly benefit from the service and are not intended to generate revenue beyond the cost of removing City-owned trees.

The proposed City Tree Removal fees are based on the City’s actual cost of service, as presented below:

The proposed fee increases are summarized below:

FINANCIAL IMPACT
The proposed fee increases are intended to improve cost recovery for City pool rental and City tree removal services and do not exceed the City’s actual cost of providing these services.

RECOMMENDATION
It is recommended that the City Council:
 Conduct a public hearing; and
 Adopt the attached resolution amending certain user fees. Description 0-12 DSH 13-18 DSH 19-24 DSH 25-30DSH 31-36 DSH 36+ DSH Contractor Fee1 $ 277.10 $ 400.85 $ 618.55 $ 927.80 $ 1,051.45 $ 1,237.00 Staffing Cost2 285.00 285.00 285.00 285.00 285.00 285.00 TOTAL $ 562.10 $ 685.85 $ 903.55 $ 1,212.80 $ 1,336.45 $ 1,522.00 Proposed Fee $ 560.00 $ 685.00 $ 900.00 $ 1,210.00 $ 1,330.00 $ 1,520.00 1 Rates are based on the current contract with West Coast Arborists. 2 Blended fully burdened hourly rate for the Office Assistant and Tree Foreman positions, with an average of 4 hours per tree removal work order.

Description 0-12 DSH 13-18 DSH 19-24 DSH 25-30DSH 31-36 DSH 36+ DSH Current Fee $ 261.45 $ 378.20 $ 583.60 $ 875.40 $ 992.05 $ 1,167.15 Proposed Fee 560.00 685.00 900.00 1,210.00 1,330.00 1,520.00 Fee Increase $ 298.55 $ 306.80 $ 316.40 $ 334.60 $ 337.95 $ 352.85 941 Item 234/2026

Page 4 of 4 ends

ATTACHMENT(S)
 Resolution amending certain user fees
 Schedule A – Proposed Fee Schedule and Cost Documentation  Exhibit A – Proposed Aquatics Pool Rental Fee
942

GARDEN GROVE CITY COUNCIL
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE,

CALIFORNIA, AMENDING USER FEES FOR VARIOUS CITY SERVICES WHEREAS, State law authorizes a city to adopt and implement fees, rates, and charges for municipal services, provided that such fees, rates, and charges do not exceed the estimated reasonable cost of providing such services; WHEREAS, the various departments of the City of Garden Grove have identified certain services provided on request to members of the public and organizations; WHEREAS, the actual and direct costs to the City to provide these services have been calculated and analyzed, and where the cost of such services have changed, a revised fee or charge has been determined as set forth in Schedule A attached hereto;
WHEREAS, the actual and direct costs to the City to provide certain other services have been calculated and analyzed and fees or charges for such other services are set forth in Schedule A and Exhibit A;
WHEREAS, the revised fees and charges are based on the actual or estimated reasonable cost of providing the services, including labor, materials, and overhead, and do not exceed such costs;
WHEREAS, the City Council has previously established fees and charges for various City services in Resolution No. 8726-06, as amended by Resolution Nos. 8730-06, 8731-06, 8791-07, 8794-07, 8823-08, 8861-08, 8902-09, 8999-10, 9064- 11, 9073-11, 9137-12, 9171-13, 9175-13, 9216-14, 9301-15, 9389-16, 9390-16, 9401-16, 9406-17, 9442-17, 9460-17, 9468-17, 9490-18, 9514-18, 9532-18, 9556- 19, 9575-19, 9607-20, 9669-21, 9762-22, 9807-23, 9818-23, 9897-25, 9898-25, 9934-25, 9952-26, and each such established fee and charge is unaffected by this Resolution, unless such fee or charge is superseded by a revised fee or charge in Schedule A and Exhibit A;
WHEREAS, pursuant to legal notice, a Public Hearing was held by the City Council on May 26, 2026, and all interested persons were given an opportunity to be heard; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
943
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Garden Grove does hereby amend fees and charges as set forth in Schedule A and Exhibit A attached hereto. The revised fees and charges in Schedule A and Exhibit A supersede any fees and charges previously adopted for the same user and development processing fees.

BE IT FURTHER RESOLVED that in order to provide the public an easy-to understand schedule of fees, the City Clerk is directed to compile and make available upon request an updated schedule of fees and charges for City services that combines: (1) the list of previously-established service fees and charges that are not addressed by this Resolution, with (2) the list of services subject to revised fees and charges attached hereto as Schedule A and Exhibit A. The combined list is for public information purposes, and clerical or other errors or omissions in the preparation of the list shall not have the effect of increasing, decreasing, invalidating, or waiving adopted fees or charges.

BE IT FURTHER RESOLVED that the fees attached in Schedule A and Exhibit A shall become effective immediately following the adoption of this Resolution. 944
Schedule A - Proposed Fee Schedule and Cost Documentation City Tree Removal Fee
Actual City Costs:

Description 0-12 DSH 13-18 DSH 19-24 DSH 25-30DSH 31-36 DSH 36+ DSH Contractor Fee1 $ 400.85 277.10 $ 618.55 $ 927.80 $ 1,051.45 $ 1,237.00 $ Staffing Cost2
285.00 285.00 285.00 285.00 285.00 285.00
TOTAL $ 562.10 $ 685.85 $ 903.55 $ 1,212.80 $ 1,336.45 $ 1,522.00 Proposed Fee: $ 562.00 $ 685.00 $ 900.00 $ 1,210.00 $ 1,330.00 $ 1,520.00 1 Rates are based on the current contract with West Coast Arborists. 2 Blended fully burdened hourly rate for the Office Assistant and Tree Foreman positions, with an average of 4 hours per tree removal work order.
1 of 2
945
Schedule A - Proposed Fee Schedule and Cost Documentation Aquatics Pool Rental Fee
Facility Cost Staffing Cost1 Proposed Fee2
Facility Pool Sq. Ft. Pool Capacity ($0.015/sq. ft.) (2 Lifeguards) Total Cost (Minimum) Magnolia 720 50 $ 10.80 $ 50.00 $ 60.80 $ 60.00
Gary Hall 2,400 100 $ 36.00 $ 50.00 $ 86.00 $ 85.00
Woodbury 3,150 150 $ 47.25 $ 50.00 $ 97.25 $ 95.00
1 Current Lifeguard hourly rate is $20. Staffing Costs include prorated Pool Manager and Maintenance Worker support. 2 Fees are for Class II. Class III, IV, and V are calculated using incremental increases ranging from $15 to $25. Please refer to the Fee Schedule for detailed amounts.
2 of 2
946
947
Item 169/2026
Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Samuel Kim
Dept: City Manager Dept: Public Works
Date: 6/9/2026
Subject: Adoption of Resolutions approving the 2025 Urban Water Management Plan and 2025 Water Shortage Contingency Plan. (Action Item)

OBJECTIVE
For the City Council to hold a public hearing to adopt Resolutions approving the 2025 Urban Water Management Plan (UWMP) and the 2025 Water Shortage Contingency Plan (WSCP), as required by the California Department of Water Resources (DWR).

BACKGROUND
The Urban Water Management Plan Act of 1983 (Act) requires that every urban water supplier providing water for more than 3,000 customers, or supplying more than 3,000 acre-feet of water annually, prepare and adopt an UWMP and a WSCP. The City of Garden Grove (City), as an urban water supplier, is required to update and submit the UWMP to the DWR every five years. The WSCP is a standalone document that will be periodically updated.

On October 14, 2025, the City Council approved an agreement with the Municipal Water District of Orange County (MWDOC) and consultant Carollo Engineers, Inc. to partner with staff in updating the City's 2025 UWMP and WSCP. This regional approach ensured that all plan requirements were met in a manner consistent with other water suppliers in Orange County.

DISCUSSION
2025 Urban Water Management Plan
The UWMP is a comprehensive document that evaluates a water supplier's reliability over a 20-year planning horizon. The City’s 2025 UWMP provides an assessment of present and future water supply sources and demands within the City's service area, and updates the 2020 UWMP with respect to the City's water resource needs, water-use efficiency programs, water reliability assessment, and strategies to mitigate water shortage conditions.

The City’s 2025 UWMP complies with all requirements of the Act as amended since 2020. The Final Draft UWMP is posted on the City’s website at:
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https://ggcity.org/pw/water-conservation.
2025 Water Shortage Contingency Plan
The WSCP is a strategic planning document designed to prepare for and respond to water shortages. In short, the WSCP establishes a clear, step-by-step framework for managing water shortages across six defined severity levels. Key elements include:
 An analysis of water supply reliability
 Water shortage response actions for each of the six standard shortage levels  Protocols for communicating actions during current or predicted shortage conditions  Monitoring, reporting, and annual reassessment procedures This level of planning is intended to help maintain reliable supplies and reduce the impacts of supply interruptions. The Final Draft WSCP is posted on the City’s website along with the UWMP at: https://ggcity.org/pw/water-conservation.

Public Noticing & Availability
Notices of preparation were sent to several surrounding agencies notifying them that the City was in the process of updating its UWMP and WSCP. Prior to this public hearing, copies of the 2025 UWMP and 2025 WSCP were made available for public review on the City's website.

Procedural Note
Although the WSCP is an appendix to the UWMP, DWR requires it to be treated as a standalone document with its own public hearing and adoption. The WSCP must be adopted prior to the UWMP in order to be included within the Adopted UWMP.

FINANCIAL IMPACT
There is no financial impact for the City Council to approve the 2025 Urban Water Management Plan (UWMP) and the 2025 Water Shortage Contingency Plan (WSCP).

RECOMMENDATION
It is recommended that the City Council:

1. Conduct a public hearing to receive public comments on the proposed 2025 Urban Water Management Plan and 2025 Water Shortage Contingency Plan.

2. Adopt a Resolution approving the 2025 Water Shortage Contingency Plan. (Attachment 2)

3. Adopt a Resolution approving the 2025 Urban Water Management Plan. (Attachment 1)
By: Robin Perlas, Program Specialist
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ATTACHMENT(S)

1. Resolution Adopting 2025 Urban Water Management Plan

2. Resolution Adopting 2025 Water Shortage Contingency Plan 950

GARDEN GROVE CITY COUNCIL
RESOLUTION NO. XXXX-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE SUPERSEDING RESOLUTION NOS. 9694-21, 9376-16, 9046-11, 8681-05, 8857- 08 AND ADOPTING THE 2025 URBAN WATER MANAGEMENT PLAN PURSUANT TO CALIFORNIA WATERCODE SECTIONS 10608 TO 10657
WHEREAS, pursuant to Water Code Section 10620 et seq., the City of Garden Grove ("City") prepared and adopted the 2015 Urban Water Management Plan for the City on June 14, 2016, amended on November 28, 2017, and as prepared and adopted the 2020 Urban Water Management Plan for the City on June 22, 2021; WHEREAS, pursuant to Water Code Sections 10620 and 10621, the City is required to prepare, adopt, and update its Urban Water Management Plan at least once every five years on or before July 1, in years ending in five and zero; WHEREAS, the 2025 Urban Water Management Plan complies with the requirements set forth in Water Code Section 10608 et seq. and Water Code Section 10610 et seq.;
WHEREAS, pursuant to Water Code Section 10621(b), the City has provided the requisite notice to any city or county within which the City provides water supplies at least sixty days prior to the June 9, 2026, Public Hearing; WHEREAS, pursuant to Water Code Section 10642, the City has published successive notices of the June 9, 2026, Public Hearing on May 26, 2026 and June 2, 2026; and
WHEREAS, a duly noticed Public Hearing was held on June 9, 2026, and all interested persons were given an opportunity to be heard concerning any matter set forth in the 2025 Urban Water Management Plan.

NOW THEREFORE, the City Council of the City of Garden Grove hereby resolves, determines, and orders as follows:

Section 1. Resolution Nos. 8681-05 (adopting the 2005 Urban Water Management Plan), 8857-08 (amending the 2005 Urban Water Management Plan), 9046-11 (adopting the 2010 Urban Water Management Plan), 9376-16 (adopting the 2015 Urban Water Management Plan), and 9470-17 (amending the 2015 Urban Water Management Plan), 9696-21 (addendum to the 2015 Urban Water Management Plan), and 9694-21 (adopting the 2020 Urban Water Management Plan) are hereby superseded in their entirety.

Section 2. The 2025 Urban Water Management Plan of the City of Garden Grove, dated June 2026, is hereby adopted pursuant to Water Code Section 10642. 951
Garden Grove City Council
Resolution No. XXXX-XX

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Section 3. The City Clerk is directed to file a copy of the 2025 Urban Water Management Plan of the City of Garden Grove with the Department of Water Resources of the State of California, pursuant to Water Code Section 10644.

Adopted this 9
th day of June 2026.

ATTEST:

MAYOR

CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

CITY OF GARDEN GROVE )
I, LIZABETH VASQUEZ, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Garden Grove, California, at a meeting held on June 9, 2026, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

CITY CLERK
952

GARDEN GROVE CITY COUNCIL
RESOLUTION NO. XXXX-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE SUPERSEDING RESOLUTION NOS. 9695-21 AND ADOPTING THE 2025 WATER

SHORTAGE CONTINGENCY PLAN PURSUANT TO CALIFORNIA WATER CODE SECTION 10362
WHEREAS, The California Urban Water Management Planning Act, (Wat. Code §10610, et seq. (the Act)), mandates that every urban supplier of water providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre feet of water annually, prepare and adopt, in accordance with prescribed requirements, a Water Shortage Contingency Plan (WSCP) as part of its Urban Water Management Plan (Plan); and
WHEREAS, the Act specifies the requirements and procedures for adopting such WSCPs; and
WHEREAS, pursuant to recent amendments to the Act, urban water suppliers are required to adopt and electronically submit their WSCPs to the California Department of Water Resources (DWR) by July 1, 2026; and WHEREAS, pursuant to the Act, "urban water supplier" means a supplier, either publicly or privately owned, providing water for municipal purposes either directly or indirectly to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually. An urban water supplier includes a supplier or contractor for water, regardless of the basis of right, which distributes or sells for ultimate resale to customers; and
WHEREAS, the City of Garden Grove ("City") meets the definition of an urban water supplier for purposes of the Act and is required to prepare and adopt and WSCP as part of its 2025 Plan; and
WHEREAS, the City has prepared a WSCP in accordance with the Act, and in accordance with applicable legal requirements, has undertaken certain coordination, notice, public involvement, public comment, and other procedures in relation to its WSCP; and
WHEREAS, in accordance with the Act, the City has prepared its WSCP with its own staff, with the assistance of consulting professionals, and in cooperation with other governmental agencies, and has utilized and relied upon industry standards and the expertise of industry professionals in preparing its WSCP, and has also utilized DWR's Urban Water Management Plan Guidebook 2025, including its related appendices, in preparing its WSCP; and
WHEREAS, in accordance with applicable law, including Water Code section 10642, and Government Code section 6066, a Notice of a Public Hearing regarding City's WSCP was published within the jurisdiction of City on May 26, 2026 and June 2, 2026; and
953
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Resolution No. XXXX-XX

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WHEREAS, in accordance with applicable law, including but not limited to Water Code section 10642, a public hearing was held on June 9, 2026 at 6:30 PM or soon thereafter, in order to provide members of the public and other interested entities with the opportunity to be heard in connection with the proposed adoption of the WSCP and issues related thereto; and
WHEREAS, pursuant to said public hearing on City's WSCP, City, among other things, encouraged the active involvement of diverse social, cultural, and economic members of the community within City's service area with regard to the WSCP, and encouraged community input regarding City's WSCP; and
WHEREAS, the City Council has reviewed and considered the purposes and requirements of the Act, the contents of the WSCP, and the documentation contained in the administrative record in support of the WSCP, and has determined that the factual analyses and conclusions set forth in the WSCP are legally sufficient; and WHEREAS, the City Council desires to adopt the WSCP and to incorporate it as part of its 2025 Plan prior to July 1, 2026 in order to comply with the Act.

WHEREAS, Section 10652 of the California Water Code provides that the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) (CEQA) does not apply to the preparation and adoption of a WSCP as part of Plan pursuant to California Water Code section 10632.

NOW THEREFORE, the City Council of the City of Garden Grove hereby resolves, determines, and orders as follows:

1. The Water Shortage Contingency Plan (WSCP) is hereby adopted as amended by changes incorporated by the City Council as a result of input received (if any) at the public hearing and ordered filed with the Secretary of the City Council and shall be incorporated into City's 2025 Plan;

2. The Mayor is hereby authorized and directed to include a copy of this Resolution in City's WSCP and/or in City's 2025 Plan;

3. The Mayor is hereby authorized and directed, in accordance with Water Code sections 10621(d) and 10644(a)(1)-(2), to electronically submit a copy of the WSCP, as part of its 2025 Plan, to DWR no later than July 1, 2026;

4. The Mayor is hereby authorized and directed, in accordance with Water Code section 10644(a), to submit a copy of the WSCP, as part of its 2020 Plan, to the California State Library, and to any city or county within which the City provides water supplies no later than thirty (30) days after this adoption date;

5. The Mayor is hereby authorized and directed, in accordance with Water 954
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Resolution No. XXXX-XX

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Code section 10645, to make the WSCP available for public review at the City's offices during normal business hours and on its website at https://ggcity.org/pw/waterconservation no later than thirty (30) days after filing a copy of the WSCP, as part of its 2025 Plan, with DWR;

6. The Mayor is hereby authorized and directed to implement the WSCP in accordance with the Act and to provide recommendations to the City Council regarding the necessary budgets, procedures, rules, regulations, or further actions to carry out the effective and equitable implementation of the WSCP.

7. The City Council finds and determines that this resolution is not subject to CEQA pursuant to Water Code Section 10652 because CEQA does not apply to the preparation and adoption of a WSCP or to the implementation of the actions taken pursuant to such plans. Because this resolution comprises the City Council's adoption of its WSCP and involves its implementation, no CEQA review is required.

8. Pursuant to CEQA, the City Council directs staff to file a Notice of Exemption with the City Clerk's Office within five (5) working days of adoption of this resolution.

9. The document and materials that constitute the record of proceedings on which this resolution and the above findings have been based are located at 11222 Acacia Pkwy, Garden Grove, CA 92840. The custodian for these records is the City Clerk.

Adopted this 9
th day of June 2026.

ATTEST:

MAYOR

CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

CITY CLERK
955
Item 235/2026
Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Patricia Song
Dept: City Manager Dept: Finance
Date: 6/9/2026
Subject: Adoption of Resolutions amending the Fiscal Year 2026-27 Budget. (Action Item)

OBJECTIVE
To adopt resolutions amending the adopted Biennial Budget and appropriations limit for Fiscal Year 2026-27 for the City and its associated, component units, and to reappropriate certain Fiscal Year 2025-26 project balances and encumbrances.

BACKGROUND
On June 10, 2025, the City Council approved the City of Garden Grove’s Biennial Budget for Fiscal Years (FY) 2025-26 and 2026-27. The City is now approaching the conclusion of the first year of the biennial budget cycle. The mid-cycle budget update provides an opportunity to review first-year financial results, evaluate the outlook for the second year, and identify key financial issues to be addressed during the next biennial budget process.

At the midpoint of the biennial budget cycle, it is necessary to amend the adopted budget estimates for the second year to better align available resources with current programs, projects, and operational needs, while continuing to advance the City Council’s priorities.

DISCUSSION
Economic Outlook
The latest forecast from UCLA Anderson Forecast projects real GDP growth of approximately 2% through the remainder of 2026 and into 2027, despite reduced consumer spending and private investment resulting from tariffs, federal government shutdowns, and a temporary increase in inflation, which reached 4% in April 2026. Continued capital investment in the technology sector, particularly in artificial intelligence, remains a key driver of national economic growth.

Locally, however, tax revenue growth is expected to remain relatively stagnant over the next several years. The housing market continues to show signs of weakness, with home sales at 956
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levels comparable to the Great Recession due to elevated interest rates. Additional indicators of stress include excess inventory in the new housing market and rising delinquency rates, which have surpassed Great Recession peak levels.

Labor market conditions have also weakened. Job growth slowed to near zero in 2025, with significant employment declines occurring in blue-collar and government sectors. For Orange County, the Anderson Forecast projects essentially flat job growth in 2026. New development activity remains the primary engine of economic growth within the County.

The tourism industry is anticipated to remain steady in 2026, followed by modest growth in 2027 and 2028. Employment trends remain the greatest uncertainty in the regional outlook, with healthcare identified as the only sector likely to experience continued job growth. Overall economic growth for Orange County is projected to range between 1.5% and 2.0% annually over the next two years.

General Fund Forecast
The General Fund is the City’s primary operating fund and supports essential municipal services, including public safety (police and fire), public works, community planning, economic development, and community and park services. These services are primarily funded through tax revenues, making the General Fund highly dependent on revenues collected during the same period in which services are delivered. Maintaining a structurally balanced General Fund budget is therefore critical to preserving the City’s long-term fiscal stability and overall financial health.

A five-year General Fund forecast was prepared using the latest economic and revenue projections. Through this mid-cycle budget update, the City has achieved a structurally balanced budget. However, current projections indicate that the General Fund may experience a temporary operating deficit for the next three to four years due to slowing revenue growth and increasing cost pressures.
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Mid-Cycle Amendment
The adopted FY 2026-27 Biennial Budget was developed to provide a longer-term financial outlook, improve operational efficiency, and strengthen strategic planning for City programs and projects. The City is now entering the second year of the biennial budget cycle, and departments have identified several modifications necessary for FY 2026-27 to address operational needs, updated priorities, and changing conditions.

The proposed amendments to the Adopted FY 20206-27 Budget total $13.8 million and include the following categories:

General Fund
The proposed Amended FY 2026-27 Budget for the General Fund totals $198.2 million, representing an increase of $3.4 million from the originally adopted budget.

The increase reflects several adjustments, including an increase of $1.9 million in administrative overhead associated with the implementation of the citywide Cost Allocation Plan (CAP), as well as Supplemental Requests totaling $1.6 million. These adjustments are discussed in greater detail in the following sections of this report.

Amount
Supplement Requests $ 14,659,795
Cost Allocation Plan Implementation 1,468,562
Administrative Adjustments
CalPERS Unfunded Actuarial Liabilities 676,700
CIP Adjustment - Drainage Project Acceleration (787,381) Successor Agency ROPS Admin Cost Reduction (625,912) (736,593) Grant Adjustments
Organized Retail Theft Prevention Grant from BSCC (1,151,300) Housing Grants Realignement (CalHOME and Permanent Local Housing Allocation) (870,810) CalRecycle Grant Reduction (240,305)
CDBG Grant Allocation Adjustment 498,208
CalTrans Grant - Fencing Project 308,260
AB109 State Funding 250,000
Community Services Grants Allocation Adjustment 219,615 Other Federal Grant Allocation Adjustment 57,220 (929,112) Capital Improvement Program Adjustments
Street and Storm Drain Projects Re-prioritization (700,000) Traffic Improvement Project Adjustment (700,000)
Sewer Capital Projects Re-priorization 789,700 (610,300) Total Amendment to the Adopted FY2027 Budget - All Funds $ 13,852,352 958
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A summary of the proposed amendments to the General Fund’s adopted FY 2026-27 budget is provided below:

The Adopted FY 2026-27 General Fund Budget included estimated revenues of $193.6 million.

As part of the mid-cycle review, additional revenue sources totaling $3.4 million were identified. These include $1.5 million in revenue generated from the administrative overhead charged through the CAP allocation, $1.1 million from Parking Enforcement revenues, $717,000 from increased investment earnings, and $63,000 in program revenue associated with the newly renovated Woodbury Pool.

These additional revenues, together with one-time funding approved in June 2025 as part of the adopted biennial budget, are sufficient to support the proposed mid-cycle budget adjustments and maintain a balanced General Fund budget for FY 2026-27.

General Fund
Adopted Budget - FY2026-27 $ 194,840,054
Proposed Mid-Cycle Amendments:

CalPERS Unfunded Actuarial Liabilities (110,814)
Cost Allocation Plan Implementation 1,910,730
Supplemental Requests
Council Chamber Security Enhancement 137,500
Municipal Yard Facility Condition Assessment 126,500
Public Safety Building Custodial Contract & Staffing 498,411 Public Safety Building Maintenance Program 160,000
Park Security Program Extension 340,000
Employee Training, Health & Wellness Program 113,900
Woodbury Park Pool Program Expansion 39,220
Vehicle Rebate Program Additional Funding 67,500
Citywide Property Tax 36,000
General Election Additional Funding 44,630 1,563,661
Total Proposed Mid-cycle Amendments 3,363,577
Proposed Amended Budget - FY2026-27 $ 198,203,631
General Fund
Estimated Revenue in Adopted Budget $ 193,627,775
Additional Revenue Sources:

Citywide Cost Allocation Plan Overhead Charges 1,483,173 Parking Enforcement 1,100,000
Investment Income 717,383
Woodbury Park Pool Program Expansion 63,000 3,363,556
Revised FY2026-27 Revenue Estimate 196,991,331
One-time Funds Approved in Adopted Budget 1,212,300
Amended Total Sources $ 198,203,631
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Supplemental Requests
Presented below is a summary of the 23 Supplemental Requests that were reviewed and approved by the Budget Committee and are recommended for inclusion in the Amended FY2027 Budget for the City and its associated, component units.

FY2026-27 Mid-Cycle Supplemental Budget Request Summary Amount
Public Safety
Park Security Program Extension $ 340,000
Officer Wellness Equipment and Supplies 350,000
Code Enforcement & Community Development
Woodbury Park Pool Program Expansion 39,220
Housing Authority Contractual and Operating Cost Increase 16,000 Economic Development & Support of Local Business
Vehicle Rebate Program Additional Funding 67,500
Garden Grove Tourism Promotion Corporation (GGTPC) Transit System 600,000 First-Time Home Buyer Program Extension through CalHOME and PLHA Grants 2,487,303 CalHOME Re-Roof Loan Program 330,300
Infrastructure
Harbor Blvd Street and Median Improvement through GGTPC 301,964 Network Access Control and Multi-Factor Authentication Implementation 210,000 Public Safety Building Custodial Contract Service 498,411 Public Safety Building Maintenance Program 160,000
Fleet Maintenance Cost Increase 380,000
SB1383 Compost Procurement Additional Costs 10,000
Longsdon Landfill Improvement 140,000
Council Chamber Security Enhancement 550,000
Municipal Yard Facility Condition Assessment 253,000
Street Rehabilitation Projects 3,950,000
Water Improvement Projects 3,500,000
Homelessness
Central Cities Navigation Center (CCNC) Contractual Cost Increase 234,887 Financial Health & Sustainability
Employee Training, Health and Wellness Program 113,900
Citywide Property Tax 64,750
General Election Additional Funding 62,560
$ 14,659,795
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Supplemental Requests total $14.7 million and are intended to support the City Council’s reaffirmed six strategic priorities, while maintaining the foundational principle of Financial Health and Sustainability.

Position Budgeting and Cost Allocation Plan
The City implemented Position Budgeting during the development of the FY 2026-27 Biennial Budget. Under this approach, each employee’s payroll cost is allocated to the respective funds that either support the position or benefit from the services provided. The Position Budgeting model improved visibility and accountability of personnel costs and enhanced the City’s ability to allocate labor costs across departments, programs, and funds.

While Position Budgeting has proven to be an effective tool for personnel cost management, it has limitations in cost recovery, particularly for grant-funded programs. State and federal grant programs often allow reimbursement of eligible indirect costs; however, those costs must be allocated consistently across functions and supported by a documented allocation methodology.

After one full year of implementation, Finance leveraged the data collected through Position Budgeting to develop a formal Cost Allocation Plan (CAP). The CAP was completed in April 2026 and replaced the prior practice of allocating support staff personnel costs directly by fund with a formal indirect cost allocation methodology.

A Cost Allocation Plan is a methodology used to identify, accumulate, and distribute indirect costs across departments, funds, programs, projects, and activities that benefit from shared City services. The CAP ensures that costs are assigned to the functions receiving the benefit, rather than remaining solely within one department or fund.

For municipal governments, a CAP is particularly important because many central service functions support the organization as a whole and cannot be directly attributed to a single program. Examples include the City Manager’s Office, Finance, Human Resources, Information Technology, and other administrative support functions.

Implementation of the CAP allows the City to recover the full cost of providing services, including indirect support costs. More importantly, it strengthens the City’s ability to maximize grant reimbursement and external funding opportunities. Many state and federal grants allow reimbursement of indirect costs. With a formal CAP in place, eligible indirect costs may be charged to grant programs as reimbursable expenditures, reducing the burden on City funds.

The CAP also enhances compliance and audit defensibility by providing a documented methodology, consistent allocation bases, and a clear audit trail. The use of a formal allocation plan reduces the risk of audit findings and questioned costs while improving transparency and accountability.

The City of Garden Grove maintains a significant grant portfolio. As such, the newly established CAP represents an important financial strategy that improves cost recovery, supports compliance requirements, protects City resources, and maximizes reimbursement opportunities.
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As part of the mid-cycle budget update, the City implemented the CAP by centralizing most administrative and support service personnel costs within the General Fund and allocating those costs through the approved CAP methodology. As a result, the proposed Amended FY 2027 Budget includes approximately $1.5 million in Administrative Overhead charges distributed across various funds, replacing personnel costs that were previously budgeted directly within those funds. Correspondingly, the General Fund recognizes $1.5 million in Administrative Overhead revenue to offset the increased personnel expenditures resulting from the centralization of these costs.

Administrative Adjustments
Three administrative adjustments are proposed in the Amended FY 2027 Budget.

First, California Public Employees' Retirement System (CalPERS) released its FY 2027 actuarial valuation in July 2025. The budgeted Unfunded Actuarial Liability (UAL) payments were updated accordingly to reflect the most recent CalPERS valuation. As a result, a net increase of $676,700 is included in the Amended Budget across multiple funds.

Second, a storm drain improvement capital project originally included in the FY 2026-27 Capital Improvement Plan was accelerated and completed during FY 2025-26. Due to emerging repair needs at the project location, the project schedule was advanced and the associated funding was moved to FY 2025-26.

Third, the California Department of Finance approved the Recognized Obligation Payment Schedule (ROPS) for FY 2027 for the Successor Agency to the Garden Grove Redevelopment Agency in January 2026 and reduced the administrative cost allowance by $625,912.

Consequently, this amount will no longer be funded through Redevelopment Property Tax Trust Fund (RPTTF) distributions. The administrative expenditures previously covered by this allowance will be re-evaluated and distributed as part of the upcoming biennial budget process.

Grant Adjustments
When the FY 2026-27 Biennial Budget was adopted, estimates were made for the annual allocation of various grants received by the City. As part of the mid-cycle budget update, these estimates are being adjusted to better align available funding with projects and programs planned for the second year of the biennial cycle.

A net reduction of $929,000 is proposed in the Amended FY 2027 Budget, primarily attributable to an adjustment to the Organized Retail Theft Prevention Program Grant administered by the California Board of State and Community Corrections in the amount of $1.2 million. Funding availability for this program was estimated above the final State award allocation during the adoption of the current budget.

Offsetting a portion of this reduction are increases totaling $222,000 for expenditures supported by other grant revenues, reflecting updated funding information and the latest grant award estimates.
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Capital Improvement Program Adjustments
Based on available resources, project readiness, and other operational considerations, the Public Works Department re-prioritized several major Capital Improvement Program (CIP) projects within the Street, Traffic, and Sewer Improvement categories. The re-prioritization is consistent with the Department’s master plans and is intended to improve project delivery efficiency, optimize available resources, and enhance overall cost effectiveness.

FINANCIAL IMPACT
The proposed amended FY 2026-27 Budget for all funds including the City’s associated, component units totals $413.3 million, representing an increase of $13.8 million from the adopted budget.

The primary drivers of this increase include $14.7 million in Supplemental Requests to address new funding needs and $1.5 million in personnel cost adjustments associated with the implementation of the citywide Cost Allocation Plan (CAP). These increases are partially offset by $0.7 million reduction in administrative adjustments, a $0.9 million reduction in grant-funded project and program expenditures, and a $0.6 million reduction in capital expenditures resulting from project re-prioritization.

Please refer to the Discussion section of this report for detailed information regarding each recommended budget amendment.

RECOMMENDATION
It is recommended that the City Council:
 Adopt the Resolution of the City Council of the City of Garden Grove amending the Adopted Biennial Budget for Fiscal Year 2026-27 for the City and its Associated, Component Units;
 Adopt the Resolution of the City Council of the City of Garden Grove adopting an appropriations limit for Fiscal Year 2026-27 in accordance with Article XIII B of the California Constitution and pursuant to Section 7900 et seq. of the Government Code;  Adopt the Resolution of the City Council of the City of Garden Grove appropriating fund balances as of June 30, 2026 to reserves for future year reappropriation;  Adopt the Resolution of the City Council of the City of Garden Grove reappropriating certain Fiscal Year 2025-26 project balances and encumbrances for the Fiscal Year 2026-27; and
 Authorize the City Manager, or her designee, to make necessary administrative adjustments to the Amended Budget, provided such adjustments do not increase overall appropriations.
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ATTACHMENT(S)
 Attachment 1 - Resolution of the City Council of the City of Garden Grove amending the Adopted Biennial Budget for Fiscal Year 2026-27 for the City and its Associated, Component Units
 Attachment 2 - Resolution of the City Council of the City of Garden Grove adopting an appropriations limit for Fiscal Year 2026-27 in accordance with Article XIII B of the California Constitution and pursuant to Section 7900 et seq. of the Government Code  Attachment 3 - Adopt the Resolution of the City Council of the City of Garden Grove appropriating fund balances as of June 30, 2026 to reserves for future year reappropriation
 Attachment 4 - Resolution of the City Council of the City of Garden Grove reappropriating certain Fiscal Year 2025-26 project balances and encumbrances for the Fiscal Year 2026-27
964
965
966
967
968
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE ADOPTING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2026-27

IMPLEMENTING ARTICLE XIII B OF THE STATE CONSTITUTION AS AMENDED BY PROPOSITION 111 PURSUANT TO SECTION 7900 ET SEQ. OF THE GOVERNMENT CODE
WHEREAS, the people of California on November 6, 1979 added Article XIII B to the State Constitution to limit each fiscal year’s appropriation of the proceeds from taxes to the amount of such appropriations in Fiscal Year 1978-1979, adjusted for changes as prescribed under the law;
WHEREAS, the State Legislature adopted Chapters 1205 and 1342 of the 1980 statutes which implemented Article XIII B;
WHEREAS, the amendments specify that the appropriation limit may increase annually by a factor comprised of the change in population combined with either the change in California per capita personal income or the change in the local assessment roll due to the addition of local non-residential new construction; WHEREAS, Section 7902 of the Government Code provides the process which to calculate the appropriations limit for Fiscal Year 2026-27 and subsequent years pursuant to Article XIII B;
WHEREAS, Section 7910 of the Government Code requires cities to adopt a Resolution setting the annual appropriation limitation at a regularly scheduled meeting or a noticed special meeting;
NOW, THEREFORE, BE IT RESOLVED that the appropriations limit for Fiscal Year 2026-27 pursuant to Section 7902 of the Government Code shall be $221,664,071 and the Appropriation Subject to Limitation in Fiscal Year 2026-27 shall be $118,664,785.

969

970

GARDEN GROVE CITY COUNCIL
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE APPROPRIATING FUND BALANCES AS OF JUNE 30, 2026, TO RESERVES FOR

FUTURE YEAR REAPPROPRIATION
WHEREAS, the City Council has reviewed the estimated Fiscal Year 2025-26 Revenues, Expenditures, and Fund Balances as projected to the end of the fiscal year; WHEREAS, it is necessary to reserve all fund balances not required for encumbrances or re-appropriations to continuing projects to future year appropriations; and
WHEREAS, the actual amount of fund balances to be reserved on June 30, 2026, cannot be determined at this time.

NOW, THEREFORE, BE IT RESOLVED that the unreserved fund balances appropriated and unappropriated as of June 30, 2026, be reserved and available for future year appropriations in the funds detailed on “ATTACHMENT A.” Adopted this 26th day of May 2026.

ATTEST: /s/ STEPHANIE KLOPFENSTEIN
MAYOR
/s/ LIZABETH VASQUEZ

CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

CITY OF GARDEN GROVE )
I, LIZABETH VAZQUEZ, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Garden Grove, California, at a meeting held on May 26, 2026, by the following vote:
/s/ LIZABETH VASQUEZ

CITY CLERK
971
Garden Grove City Council
Resolution No.

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ATTACHMENT A
111 - GENERAL FUND 238 - USED OIL
113 - ECON DEVELOPMENT 239 - COUNTY CSVC GRANTS
114 - TID TRANSIT 242 - FEDERAL GRANTS
116 - TID STREET PROJECTS 244 - GARDEN GROVE TID
117 - ACCESSIBILITY COMPLIANCE CASp 246 - M2 LOCAL FAIRSHARE 201 - TRAFFIC OFFENDER 248 - MEASURE M2-CTFP
202 - FORFEIT/SEIZURE-FED 249 - HOME
204 - PUB SAFETY/PROP 172 260 - TRI-CITY NAVIGATION CENTER 205 - POLICE-SLESF 501 - HSG SUCCESSOR AGNCY
206 - GAS TAX 2106/2107 502 - HSG AUTH-CC PROPTS
207 - GAS TAX 2105 601 - WATER OPERATIONS
208 - GAS TAX RM & REHAB 602 - WATER CAPITAL
209 - GAS TAX 2103 603 - WATER REPLACEMENT
211 - TRAFFIC MITG FEE 630 - SEWER OPERATIONS
212 - DEVELOPMT AGRMT FEE 631 - SEWER CAPITAL
213 - CULTURAL ARTS FEE 632 - SEWER REPLACEMENT
214 - PARK FEE 660 - REFUSE
215 - DRAINAGE FEE 671 - GOLF COURSE
216 - CITYWIDE PARK FEES 672 - GOLF COURSE WWGM
217 - G G CABLE CORP 681 - HSG AUTH SEC8-ADMIN
218 - STREET LIGHTING 682 - HSG AUTH SEC8-HAP
219 - PARK MAINT ASSMT DIST 701 - WORKERS COMP
220 - PARKING DIST MAINT 702 - FLEET MANAGEMENT
221 - MAIN ST ASSMT DIST 704 - INFORMATION SYSTEMS
222 - AQMD(AB 2766) 705 - WAREHOUSE OPERATION
223 - CALHOME 706 - TELECOMMUNICATIONS
224 - RED LITE ENF PROG 707 - RISK MANAGEMENT
225 - CDBG 708 - COMMUNCTION REPLMNT
227 - EMERGENCY SHELTER 709 - BUILDING REHABILITATION
229 - NSP 811 - SUCCESSOR RDA
230 - JAG 852 - DEPOSIT TRUST
231 - OTS-POLICE
232 - POST REIMBURSEMENT
233 - STATE GRANTS
234 - FACT
236 - CA DEPT OF CONSERV
237 - CAL RECYCLE
972

GARDEN GROVE CITY COUNCIL
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE REAPPROPRIATING CERTAIN FISCAL YEAR 2025-26 PROJECT BALANCES AND ENCUMBRANCES FOR THE FISCAL YEAR 2026-27
WHEREAS, the City Council has reviewed the estimated Fiscal Year 2025-26 Revenues, Expenditures, and Fund Balances as projected to the end of the fiscal year, and has given careful consideration to the closing of appropriations for Fiscal Year 2025-26;
WHEREAS, the City Council has reviewed and given careful consideration of the recommended Fiscal Year 2026-27 budgets;
WHEREAS, certain projects begun in Fiscal Year 2025-26 or prior fiscal years require continuing appropriations to complete;
WHEREAS, unexpended appropriations of Fiscal Year 2025-26 or prior fiscal years are estimated to be available within these certain projects by the close of the fiscal year ending on June 30, 2026; and
WHEREAS, certain purchase orders are estimated to have encumbered balances by the close of the fiscal year ending on June 30, 2026.

NOW, THEREFORE, BE IT RESOLVED that the uncommitted, unexpended balances of appropriations for certain projects as of the close of fiscal year ending June 30, 2026 be appropriated, in the amount as determined by the Finance Director, to the Reserve for continuing projects within their respective funds, and that the amount be reappropriated for Fiscal Year 2026-27 from the Reserve for continuing the projects within the respective funds.

BE IT FURTHER RESOLVED that the encumbered balances of purchase orders as of the close of the fiscal year ending June 30, 2026, be appropriated to the Reserve for encumbrances within the respective funds and that the amount of the encumbered balances be reappropriated for Fiscal Year 2026-27 from the Reserve for the encumbrances within the respective funds.

Adopted this 26th day of May 2026.

ATTEST: /s/ STEPHANIE KLOPFENSTEIN
MAYOR
/s/ LIZABETH VAZQUEZ_____

CITY CLERK
973
Garden Grove City Council
Resolution No.

Page 2 ends

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

CITY CLERK
974
Item 243/2026
Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Patricia Song
Dept: City Manager Dept: Finance
Date: 6/9/2026
Subject: Introduction and First Reading of an Ordinance to adopt the Paramedic Tax Override Rate for Fiscal Year 2026-27. (Action Item)

OBJECTIVE
For the City Council to introduce an ordinance to adopt the Paramedic Tax Override Rate for Fiscal Year 2026-27.

BACKGROUND
In June 1974, Garden Grove voters approved a property tax increase (override) to pay for emergency paramedic services. The approved ballot measure established a tax assessment on properties within the City specifically to pay for a "mobile intensive care program," or Paramedic Services, in an amount not to exceed 10 cents per $100 of assessed valuation.

The Paramedic Services can be provided by the City or on a regional basis.

Resolution No. 4547-74, adopted by the City Council on March 19, 1974 stated the purpose for the property tax increase was to (1) provide an emergency medical care system for the citizens in the community; (2) pay salaries and required training to program personnel; and (3) purchase and maintain vehicles, radio, telemetry and intensive care equipment, and all necessary supplies. With the transition to the Orange County Fire Authority (OCFA) in April 2019, the City no longer directly pays for the paramedic program personnel and equipment.

Instead, annual contractual payment is made to the OCFA to continue to provide paramedic services to our residents.

The current rate of the Paramedic Override tax is 8 cents ($0.08) per one hundred dollars ($100.00) of the assessed valuation, which remain unchanged since June 2017.

DISCUSSION
The use of an ad valorem tax override on taxable properties within the City is necessary to ensure the ongoing delivery of paramedic services to our community. 975
Item 243/2026

Page 2 of 2 ends

Since 2019, the Paramedic Services has been provided through a contract with OCFA. For Fiscal Year 2026-27, the City’s cost for this contract is estimated at $29.3 million, which covers both fire protection and paramedic services. According to data from OCFA, over 80% of all incidents they respond to are medical related.

The proposed tax rate remain unchanged from the prior year - 8 cents ($0.08) per $100.00 of the assessed property value.

FINANCIAL IMPACT
The proposed paramedic tax assessment is expected to generate approximately $16.7 million in revenue for Fiscal Year 2026–27. These funds will be used to cover the cost of paramedic services provided by the Orange County Fire Authority (OCFA).

RECOMMENDATION
It is recommended that the City Council:
 Introduce and conduct the first reading of the attached Ordinance authorizing a property tax override of 8 cents ($0.08) per one hundred dollars ($100.00) of the assessed value for Fiscal Year 2026-27 for paramedic emergency medical care services, and pass it to second reading.

ATTACHMENT(S)

1. Ordinance Establishing the Amount of Money for Paramedic Services that must be Raised by an Ad Valorem Tax Override and the Setting of the Tax Rate of Said Override
976
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE

ESTABLISHING THE AMOUNT OF MONEY FOR PARAMEDIC SERVICES THAT MUST BE

RAISED BY AN AD VALOREM TAX OVERRIDE AND THE SETTING OF THE TAX RATE OF

SAID OVERRIDE
City Attorney’s Summary
City Council Resolution No. 4547-74 submitted to the voters for approval an ad valorem tax for paramedic services in an amount not to exceed 10¢ per $100 of assessed valuation. The measure was approved by the voters in June 1974. State law requires that the City Council set the annual levy of the tax by ordinance or resolution. This Ordinance sets the levy of the tax at 8¢ per $100 of assessed valuation for FY 2026-

27. THE CITY COUNCIL OF THE CITY OF GARDEN GROVE DOES ORDAIN AS FOLLOWS:

SECTION 1: In June 1974, over sixty percent (60%) of the Garden Grove voters approved an ad valorem tax override to provide emergency medical care service (Paramedic Services) to the community, whether it be provided by the City of Garden Grove or on a regional basis, and thereby incurring a debt consisting of personnel, equipment and contractual payment obligations for the provision of Paramedic Services.

SECTION 2: Property taxes for indebtedness approved by the voters prior to July 1, 1978, are authorized pursuant to Section 93 of the Revenue and Taxation Code.

SECTION 3: The City Council of the City of Garden Grove hereby declares it is necessary to raise an estimated $16,680,000 through the use of an ad valorem tax override on the taxable property within the City of Garden Grove to maintain and pay for the emergency medical care services.

SECTION 4: The tax rate for the authorized ad valorem tax override as approved by voters of all assessable real and personal property for the Fiscal Year 2026-27 shall be 8.0 cents ($.080) per one-hundred dollars ($100) of assessed valuation, using as a basis the value of the property as assessed and equalized by the County of Orange, State of California, and shown on the 2026-2027 assessment roll of said county.

SECTION 5: This ordinance shall exclude from Section 4 annexations of assessable, real and personal property to the City of Garden Grove after July 1, 1978, indicated by the listing on the attached document designated Exhibit "A".

SECTION 6: 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, 977
Garden Grove City Council
Ordinance No.

Page 2 ends

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 7: The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law. 978
Garden Grove City Council
Ordinance No.

Page 3 ends

EXHIBIT "A"
Listed Annexations Finalized after July 1, 1974 and
Not Subject to Paramedic Tax Override
Annexation No./
Reorganization No.

City Resolution No. Date Completed
1-78 5573-78 August 8, 1978
2-78 5634-78 October 24, 1978
3-78 5637-78 November 28, 1978
4-78 5670-78 November 30, 1978
5-78 5671-78 November 30, 1978
7-78 5731-79 March 30, 1979
1-79 5813-79 July 30, 1979
141 7875-96 May 29, 1996
979
Item 231/2026
Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Samuel Kim
Dept: City Manager Dept: Public Works
Date: 6/9/2026
Subject: Award a contract to RJ Noble Company for the 2026 Various Streets Rehabilitation Project, Project No. CP-1502000 (Cost: : $6,830,735) (Action Item)

OBJECTIVE
For City Council to award a contract to RJ Noble Company for 2026 Various Streets Rehabilitation Project, Project NO. CP – 1502000, for the following street segments: Trask Ave from Galway St. to Brookhurst St.; Trask Ave. from Euclid St. to Harbor Blvd.; Chapman Ave. from Magnolia St. to Brookhurst St.; Garden Grove Blvd. from Nelson St. to Euclid St.; Newhope St. from Westminster Ave. to Trask Ave.; Sunswept Ave. from Clinton St. to Buena St.; Keel Ave. from Clinton St. to Buena St.; Morningside Ave. from Clinton St. to Buena St.; Clinton St. from Morningside Ave. to Westminster Ave.; Buena St. from Morningside Ave. to Westminster Ave.; Alonzo Cook St. from Anthony Ave. to End of Cul-de-Sac; Adams St. from Anthony Ave. to Cerulean Ave.; Lenore Ave. from Cerulean Ave. to Garnet St.; Trinette Ave. from Lenore Ave. to Topaz St.; Garnet St. from Trinette Ave. to Killarney Ave.; Topaz St. from Cerulean Ave. to Lampson Ave.; Taylor St. from Anthony Ave to Cerulean Ave; and Poplar St. from Sylvan St. to Cerulean Ave.

BACKGROUND
Each street will be addressed with different rehabilitation measures to properly manage the unique street conditions and will involve some or most of the following elements: removing and replacing trees; removing and reconstructing failed pavement areas; cold milling; asphalt rubber aggregate membrane (ARAM); full depth reclamation with cement treated base; asphalt paving; slurry seal and micro-surfacing; replacement of concrete curb and gutter, cross gutter, local depression, driveway, sidewalk, and curb ramps; adjustment of utility covers to finish grade; catch basin inlet screens; repairing catch basin and parkway drain tops; restoration of traffic striping, signing, pavement marking and markers; and reestablishment of centerline ties and monuments.
980
Item 231/2026

Page 2 of 2 ends

DISCUSSION
Staff solicited bids for this project pursuant to Municipal Code Section 2.50.100. Six (6) qualified bids were received at the City Clerk's office by 11:00 a.m. on May 7, 2026. The lowest qualified contractor was RJ Noble Company, with a total bid of $6,830,735. This bid amount is within the current project budget. The licenses and references of the contractor have been reviewed and verified by staff, and all other documentation is in order.

The anticipated contract scheduled is as follows:

Award contract - June 9, 2026
Begin construction (estimated) - June 29, 2026
Complete construction (estimated) - November 2, 2026

FINANCIAL IMPACT
The cost of the contract to RJ Noble Company for the 2026 Various Streets Rehabilitation Project, City Project No. CP-1502000 is $6,830,735. Funding is included in the Fiscal Year 2026-27 Capital Improvement Plan budget, and is funded by Gas Tax, Drainage Fees, and Measure M2.

RECOMMENDATION
It is recommended that the City Council:
 Award a contract to RJ Noble Company, in the amount of $6,830,735, for the 2026 Various Streets Rehabilitation Project, Project No. CP–1502000; and  Authorize the City Manager, or designee, to execute an agreement with RJ Noble Company, and make minor modifications as appropriate thereto, on behalf of the City.

By: Nick Hsieh, Associate Engineer
Engineering Division

ATTACHMENT(S)

1. Attachment 1: Bid Summary

2. Attachment 2: Construction Agreement
981
ATTACHMENT 1

CITY OF GARDEN GROVE

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

BID SUMMARY SHEET
FOR
2026 VARIOUS STREETS REHABILITATION PROJECT
CITY PROJECT NO. CP - 1502000
BID OPENING: DATE: MAY 7, 2026 TIME: 11:00 A.M.

ENGINEER’S ESTIMATE: $ 7,364,725.00
Bidder’s Name Total Bid % Under/Over
Engrs. Est
RJ Noble Company, Orange $6,830,735.00 7.25% Under
All American Asphalt, Corona $6,942,547.00 5.73% Under
Excel Paving, Long Beach $7,728,460.00 4.94% Over
Onyx Paving, Long Beach $7,777,000.00 5.60% Over
Hardy & Harper, Lake Forest $7,800,000.00 5.91% Over
Sully Miller, Brea $7,965,783.00 8.16% Over
982
- 40 -

C O N S T R U C T I O N A G R E E M E N T

RJ NOBLE COMPANY
THIS AGREEMENT is made this 26th day of May, 2026 by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY"), and RJ Noble Company, hereinafter referred to as ("CONTRACTOR").

RECITALS:

The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to Garden Grove City Council Authorization dated May 26, 2026.

2. CITY desires to utilize the services of CONTRACTOR to furnish material, equipment, and labor for the 2026 VARIOUS STREETS REHABILITATION PROJECT, Project No. CP – 1502000.

3. CONTRACTOR is qualified by virtue of experience, training, education, and expertise to accomplish services.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

5.1 General Conditions. CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon CONTRACTOR'S investigation of all such matters and is in no way relying upon any opinions or representations of CITY. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, Plans, Specifications, and CONTRACTOR's Proposal, are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract. "Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to CITY’S Engineer, without whose decision CONTRACTOR shall not adjust said discrepancy save only at CONTRACTOR'S own risk and expense. The decision of the Engineer shall be final. 983
SECTION 5 - AGREEMENT (Continued)
- 41 -

5.2 Materials and Labor. CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at CONTRACTOR'S own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the CITY, to construct and complete the project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or materials when due, CITY may settle such claims by making demand upon the surety to this Agreement. In the event of the failure or refusal of the surety to satisfy said claims, CITY may settle them directly and deduct the amount of payments from the Contract price and any amounts due to CONTRACTOR. In the event CITY receives a stop notice from any laborer or material supplier alleging non-payment by CONTRACTOR, CITY shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees.

5.3 Project. The PROJECT is described as: 2026 VARIOUS STREETS REHABILITATION PROJECT, Project No. CP – 1502000.

5.4 Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: 2026 VARIOUS STREETS REHABILITATION PROJECT, Project No. CP – 1502000. Said Plans and Specifications and any revision, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. The work to be done must also be in accordance with the General Provisions, Standard Specifications and Standard Plans of the CITY, which are also incorporated herein and referred to by, reference.

5.5 Time of Commencement and Completion. CONTRACTOR shall have fourteen (14) calendar days from the award of the Contract to execute the Contract and supply the CITY with all the documents and information required by the Instructions to Bidders and the other Contract Documents, including but not limited to, the necessary bonds and insurance certificates and endorsements. Once the CITY receives the executed contract and all of the other properly drafted and executed documents and information, it may issue a Notice to Proceed to the CONTRACTOR. If CONTRACTOR refuses or fails to provide the required documents and information within the ten (10) city working days, the CITY may then rescind the award of the Contract and then award the Contract to the next lowest responsive and responsible bidder.

The Contract time shall begin on June 15, 2026 per the Notice to Proceed issued by the City and the CONTRACTOR agrees to submit shop drawings within fourteen (14) calendar days. Further, upon receipt of the Notice to Proceed, the CONTRACTOR shall diligently prosecute the work within 90 (Ninety) working days to completion as required per the plans and specifications excluding delays caused or authorized by the CITY as set forth in Sections 5.7, 5.8 and 5.9 hereof.

5.6 Time is of the Essence. Time is of the essence of this Contract.

Contractor shall have fourteen (14) calendar days from the award of the Contract to execute the Contract and supply CITY with all of the documents and information required by the Instruction to Bidders and the other Contract Documents, including but not limited to, the necessary bonds and insurance certificates and endorsements. Once the CITY receives the executed Contract and all of the other properly drafted and executed documents and information, it may issue a Notice to Proceed to the CONTRACTOR. If CONTRACTOR refuses or fails to execute the Contract or refuses or fails to provide the required documents and information within the fourteen (14) calendar days, the CITY may then rescind the award of the Contract and then award the Contract to the next lowest responsible and responsive bidder.
984
SECTION 5 - AGREEMENT (Continued)
- 42 -
As required by the Contract Documents, CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of CONTRACTOR'S work in conformance with an approved construction progress schedule. CONTRACTOR shall coordinate the work covered by this Contract with that of all other CONTRACTORs, subcontractors and of the CITY, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5.5 herein.

CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of CONTRACTOR on the premises.

5.7 Excusable Delays. CONTRACTOR shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather; damages caused by fire or other casualty for which CONTRACTOR is not responsible; any act of negligence or default of CITY; failure of CITY to make timely payments to CONTRACTOR; late delivery of materials required by this CONTRACT to be furnished by CITY; combined action of the workers in no way caused by or resulting from default or collusion on the part of CONTRACTOR; a lockout by CITY; or any other delays unforeseen by CONTRACTOR and beyond CONTRACTOR'S reasonable control.

CITY shall extend the time fixed in Section 5.5 herein for completion of the Project by the number of days CONTRACTOR has thus been delayed, provided that CONTRACTOR presents a written request to CITY for such time extension within fifteen (15) days of the commencement of such delay and CITY finds that the delay is justified. CITY'S decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by CONTRACTOR.

No claims by CONTRACTOR for additional compensation or damages for delays will be allowed unless CONTRACTOR satisfies CITY that such delays were unavoidable and not the result of any action or inaction of CONTRACTOR and that CONTRACTOR took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities would be determined in accordance with SPECIAL PROVISIONS and Section 3-3 of the Standard Specifications for Public Works Construction 2006 Edition (GREEN BOOK). The CITY’S decision will be conclusive on all parties to this Contract.

5.8 Extra Work. The Contract price includes compensation for all work performed by CONTRACTOR, unless CONTRACTOR obtains a written change order signed by a designated representative of CITY specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 5.9 hereof.

CITY shall extend the time fixed in Section 5.5 for completion of the Project by the number of days reasonably required for CONTRACTOR to perform the extra work, as determined by CITY’S Engineer. The decision of the Engineer shall be final. 985
SECTION 5 - AGREEMENT (Continued)
- 43 -

5.9 Changes in Project.

5.9.1 CITY may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes:
a. In the Specifications (including drawings and designs); b. In the time, method or manner of performance of the work; c. In the CITY -furnished facilities, equipment, materials, services or site; or d. Directing acceleration in the performance of the work.

If CONTRACTOR believes that the written order issued as part of this Section 5.9.1 has caused an increase in costs or time, the CONTRACTOR shall submit a written request for equitable adjustment to the CITY that includes a detailed cost breakdown and time impact analysis in sufficient detail to allow the CITY to analyze the request.

Said notice shall be submitted via certified mail within twenty (20) days of the CONTRACTOR’S receipt of the written order. CONTRACTOR’S failure to submit the written request for equitable adjustment within the required twenty (20) days shall constitute a waiver of any potential change order or claim for said alleged change.

The CITY shall review CONTRACTOR’S request and shall provide a written response within thirty (30) days of receipt of the request either approving or denying the request.

5.9.2 A change may also be any other conflict, difficulty or issue which the CONTRACTOR believes caused any change to the CONTRACTOR’S costs or project schedule, provided CONTRACTOR gives the CITY written notice and a request for equitable adjustment that includes a detailed cost breakdown and time impact analysis in sufficient detail to allow the CITY to analyze the request. The notice shall also state the date the CONTRACTOR became aware of the issue, circumstances and source of the issue and that CONTRACTOR regards the issue as a change order. Said written notice shall be delivered to the CITY via certified mail within twenty (20) days of CONTRACTOR’S first notice of the issue.

CONTRACTOR’S failure to submit the notice, which includes the written request for equitable adjustment within the required twenty (20) days shall constitute a waiver of ant potential change order or claim for said alleged change. The CITY shall review CONTRACTOR’S request and shall provide a written response within thirty (30) days of receipt of the request either approving or denying the request.

5.9.3 Except as provided in this Section 5.9, no order, statement or conduct of the CITY or its representatives shall be treated as a change under this Section 5.9 or entitle CONTRACTOR to an equitable adjustment.

5.9.4 Except for claims based on defective specifications, no claim for any change under paragraph 5.9.1 or 5.9.2 above shall be allowed for any work performed more than 20 days before the CONTRACTOR gives written notice as required in paragraphs

5.9.1 and 5.9.2. In the case of defective specifications for which the CITY is responsible, the equitable adjustment shall include any increased direct cost CONTRACTOR reasonably incurred in attempting to comply with those defective specifications.
986
SECTION 5 - AGREEMENT (Continued)
- 44 -

5.9.5 If CONTRACTOR intends to assert a claim for an equitable adjustment under this Section 5.9, it must, within thirty (30) days after receipt of a denial of a request for equitable adjustment under paragraphs 5.9.1 and 5.9.2, submit a written statement to the CITY setting forth the general nature and monetary extent of such claim.

The CITY may extend the 30-day period. CONTRACTOR’S failure to submit the notice of a claim, within the required thirty (30) days shall constitute a waiver of the claim by the CONTRACTOR.

5.9.6 No claim by CONTRACTOR for an equitable adjustment shall be allowed if made after final payment under this Agreement.

5.9.7 CONTRACTOR hereby agrees to make any and all changes, furnish the materials and perform the work that CITY may require without nullifying this Contract.

CONTRACTOR shall adhere strictly to the Plans and Specifications unless a change there from is authorized in writing by the CITY. Under no condition shall CONTRACTOR make any changes to the Project, either in additions or deductions, without the written order of the CITY and the CITY shall not pay for any extra charges made by CONTRACTOR that have not been agreed upon in advance in writing by the CITY. CONTRACTOR shall submit immediately to the CITY written copies of its firm's cost or credit proposal for change in the work.

Disputed work shall be performed as ordered in writing by the CITY and the proper cost or credit breakdowns therefor shall be submitted without delay by CONTRACTOR to CITY.

5.10 Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5.5 herein, plus the allowance made for delays or extensions authorized under Sections 5.7, 5.8 and 5.9 herein, the CITY will sustain damage which would be extremely difficult and impractical to ascertain. The parties therefor agree that CONTRACTOR will pay to CITY the sum of Two Thousand Dollars ($2,000.00) per day for each and every calendar day during which completion of the Project is so delayed. CONTRACTOR agrees to pay such liquidated damages and further agrees that CITY may offset the amount of liquidated damages from any monies due or that may become due CONTRACTOR under the Contract.

5.11 Contract Price and Method of Payment. CITY agrees to pay and the CONTRACTOR agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of Six Million Eight Hundred Thirty Thousand Seven Hundred Thirty Five Dollars and Zero Cents ($ 6,830,735.00) as itemized in the bid proposal.

Progress payments shall be made to the CONTRACTOR on a monthly basis for each successive month as the work progresses. The CONTRACTOR shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety-five percent (95%) of the value of the work completed, less all previous payments, provided that the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule. The CITY will retain five percent (5%) of the amount of each such progress estimate and material cost until 30 days after the recordation of the Notice of Completion.

Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the CITY’S Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract. Partial 987
SECTION 5 - AGREEMENT (Continued)
- 45 -
payments of the Contract price shall not be considered as an acceptance of any part of the work.

5.12 Substitution of Securities in Lieu of Retention of Funds. Pursuant to California Public Works Contract Code § 22300, the CONTRACTOR will be entitled to post approved securities with the CITY or an approved financial institution in order to have the CITY release funds retained by the CITY to ensure performance of the Contract. CONTRACTOR shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution.

5.13 Completion. Within 10 days after the contract completion date of the Project, CONTRACTOR shall file with the CITY’S Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed under the provisions of the statutes of the State of California. CITY may require affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier.

5.14 CONTRACTOR 's Employees Compensation

5.14.1 General Prevailing Rate. CITY has ascertained CONTRACTOR shall comply with all applicable requirements of Division 2, Part 7, Chapter 1 of the California Labor Code and all applicable federal requirements respecting the payment of prevailing wages. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the prevailing wage rates determined by the Director of the Department of Industrial Relations (DIR) for similar classifications of labor, the CONTRACTOR and its Subcontractors shall pay not less than the higher wage rate. The DIR will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal Wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the CONTRACTOR and Subcontractors, the CONTRACTOR and its Subcontractors shall pay not less than the Federal Minimum wage rate which most closely approximates the duties of the employees in question."

5.14.2 Forfeiture for Violation. CONTRACTOR shall, as a penalty to the CITY, forfeit one hundred dollars ($100.00) for each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1778 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California.

5.14.3 Apprentices. Section 1778.5, 1778.6 and 1778.7 of the Labor Code of the State of California, regarding the employment of apprentices is applicable to this Contract and the CONTRACTOR shall comply therewith; provided, however, that this requirement shall not apply if and/or to the extent that the Contract of the general CONTRACTOR, or the contracts of specialty contractors not bidding for work through a general or prime contractor involve less than thirty thousand dollars ($30,000.00).
988
SECTION 5 - AGREEMENT (Continued)
- 46 -

5.14.4 Workday. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (5.14.2) above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) of the Labor Code of the State of California and shall forfeit to the CITY as a penalty, the sum of twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by CONTRACTOR or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article.

CONTRACTOR shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the Project.

5.14.5 Record of Wages: Inspection. CONTRACTOR agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. The applicable CONTRACTOR or subcontractor or its agent having authority over such matters shall certify all payroll records as accurate. CONTRACTOR further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. CONTRACTOR shall comply with all of the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code section 1771.4(a)(3). The CONTRACTOR shall submit copies of certified payroll reports and cancelled checks for labors, every two weeks to the Engineer. Certified payroll and cancelled checks submittals are due one month after start of construction and every two weeks thereafter. If the certified payroll and cancelled checks are not submitted, the CONTRACTOR will be notified that compliance is required within five (5) working days or contract work must cease. The CITY will not be responsible for any delay or acceleration charges or any incurred costs or damages as a result of the work stoppage due to CONTRACTOR’s failure to comply. Work shall be ceased in an orderly, safe fashion with all vehicle access restored. Should this not occur, CITY will correct the deficiencies and deduct the cost from funds due to the CONTRACTOR. In addition, no progress payment shall be made until the copies of certified payroll reports and cancelled checks are submitted.

5.14.6 Contractor Registration. CONTRACTOR and its subcontractors must be registered with the California Department of Industrial Relations pursuant to Labor Code Section 1725.5. This Agreement shall not be effective until CONTRACTOR provides proof of registration to the CITY.

5.14.7 Posting of Job Site Notices. CONTRACTOR shall comply with the job site notices posting requirements established by the Labor Commissioner pursuant to Title 8, California Code of Regulations Section 16461(e) or other regulation promulgated pursuant to Labor Code Section 1771.4(a) (2). 989
SECTION 5 - AGREEMENT (Continued)
- 47 -

5.14.8 Notice of DIR Compliance Monitoring and Enforcement. Pursuant to Labor Code Section 1771.4, this Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

5.15 Surety Bonds. CONTRACTOR shall, prior to entering into performance of this Agreement, furnish a performance bond, on the CITY's bond form in the amount of one hundred percent (100%) of the Contract price, to guarantee the faithful performance of the work, and a payment bond, on the CITY's form in the amount of one hundred percent (100%) of the Contract price, to guarantee payment of all claims for labor and materials furnished. Bonds submitted on any form other than the CITY's form will be rejected. The required bonds shall be from a surety licensed to do business in the State of California and with a current A.M. Best's rating of A-, VII. This Contract shall not become effective until such bonds are supplied and approved by the CITY."

5.16 Insurance.

5.16.1 COMMENCEMENT OF WORK. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a statement of obligation on the part of the carrier to notify the city of any material change, cancellation, termination, or reduction in coverage or limits at least thirty (30) days in advance. Ten (10) days prior written notice shall be provided to the City for policy cancellation or non-renewal due to nonpayment.

A waiver of subrogation shall be provided by the insurer for each policy waiving subrogation against CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, employees, and volunteers as determined by the CITY, for losses paid under the terms of any policy which arise from work performed by CONTRACTOR for the CITY Claims made and modified occurrence policies shall not be accepted for any policy, unless otherwise indicated. All Subcontractors shall be required to provide and maintain the same insurances as required of CONTRACTOR under this contract.

CONTRACTOR shall be required to collect and verify that all Subcontractors maintain all required insurances stated herein, and CONTRACTOR shall ensure that City is an additional insured on insurance required from all Subcontractors.

5.16.2 CONTRACTOR is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract.

5.16.3 CONTRACTOR and all Subcontractors shall carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, employees, and volunteers, as determined by the CITY, and shall issue a waiver of subrogation.
990
SECTION 5 - AGREEMENT (Continued)
- 48 -

5.16.4 Before CONTRACTOR performs any work at, or prepares or delivers materials to, the site of construction, CONTRACTOR shall furnish:

Additional Insured Endorsements, ongoing and products-completed operations, for the Commercial General Liability policy, including mobile equipment and not excluding XCU, and on the Contractors’ Pollution Liability policy, if available. Endorsements shall designate CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, employees, and volunteers as determined by the CITY, as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, equipment, and personnel furnished in connection with such work or operations. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 28; and CG 20 37 forms if later revisions used). Insurance companies must be acceptable to CITY and have a minimum A.M. Best Guide rating of A-, class VII or better, as approved by CITY.

Contractor’s Pollution Legal Liability: Insurance companies must be acceptable to City and have a Best’s Guide Rating of A- Class VII or better, as approved by Authority. If policy is written on a claims-made form:
1) The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work.
2) Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract work.
3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy with a retroactive date prior to the contract effective date, the CONTRACTOR must purchase an extended period coverage for a minimum of three (3) years after completion of the contract work. 4) A copy of the claims reporting requirements must be submitted to the CITY for review.

Automobile Liability policy and shall designate CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, employees, and volunteers, as determined by the CITY, as additional insureds for automobiles owned, leased, hired, or borrowed by the CONTRACTOR.

CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY. Insurance companies must be acceptable to CITY and have a minimum A.M. Best Guide rating of A-, class VII or better, as approved by CITY).

In the event any of CONTRACTOR’S underlying policies do not meet policy limits as required herein, CONTRACTOR shall provide the schedule of underlying polices for a follows form excess liability policy, state that the excess policy follows form on the insurance certificate, and an additional insured endorsement for the excess liability policy designating CITY, its officers, officials, employees, 991
SECTION 5 - AGREEMENT (Continued)
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agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, employees, and volunteers, as determined by the CITY, as additional insureds. Insurance companies must be acceptable to CITY and have a minimum A.M. Best Guide rating of A-, class VII or better, as approved by CITY.

For any claims related to this Project, the CONTRACTOR’s insurance coverage shall be primary insurance at least as broad as ISO CG 20 01 04 13 as respects CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, shall be excess of the CONTRACTOR’s insurance and not contribute with it.

5.16.5 Before CONTRACTOR performs any work at, or prepares or delivers materials to, the site of construction, CONTRACTOR shall furnish:

CONTRACTOR shall maintain all of the foregoing insurance coverage in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 5.17 of this Contract. Notwithstanding nor diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted and licensed in California and having a current A.M. Best's Guide Rating of A-, Class VII or better:
992
SECTION 5 - AGREEMENT (Continued)
- 50 -
Workers’ Compensation As required by the State of
California, with statutory limits.

Employer’s Liability Not less than $1,000,000 per
accident per employee, per policy for
bodily injury or disease.

Commercial General Liability
(including on-going operations, products
- completed operations, property damage,
bodily injury, personal & advertising injury, and
mobile equipment, and not excluding XCU)
Not less than $5,000,000 per
occurrence for bodily injury,
personal injury and property
damage.

Automobile Liability, for all automobiles
including non-owned and hired vehicles
Not less than $2,000,000 combined
single limit for bodily injury and
property damage.

Pollution Legal Liability Not less than $1,000,000 per
occurrence or claim, and $2,000,000
policy aggregate.

Follows Form Excess Liability Required for any underlying policy that does not meet the underlying
policy limits required herein.

If CONTRACTOR maintains broader coverage and/or higher insurance limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

A severability of interest provision must apply for all the additional insureds, ensuring that CONTRACTOR’S insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.

CONTRACTOR shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) before work begins. Failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’S obligation to provide them. CITY or its representatives shall at all times have the right to inspect and receive a certified copy of all said policies of insurance, including certificates and endorsements at CONTRACTORS sole cost and expense. CONTRACTOR shall pay the premiums on the insurance hereinabove required.

5.17 CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone.

CONTRACTOR agrees to save, indemnify and keep the CITY, its Officers, Agents, 993
SECTION 5 - AGREEMENT (Continued)
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Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (CONTRACTOR'S employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigation arising through the sole negligence or sole willful misconduct of CITY and will make good to reimburse CITY for any expenditures, including reasonable attorneys' fees CITY may incur by reason of such matters, and if requested by CITY, will defend any such suits at the sole cost and expense of CONTRACTOR.

5.18 Termination.

This Contract may be terminated in whole or in part in writing by the CITY in the event of substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may be terminated by the CITY for its convenience in the manner provided for in subsections A and B below. If termination for default or convenience is effected by the CITY, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the CONTRACTOR at the time of termination may be adjusted to cover any additional costs to the CITY because of the CONTRACTOR'S default. Upon receipt of a termination action, the CONTRACTOR shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONTRACTOR in performing this Contract whether completed or in process. Upon termination, the CITY may take over the work and may award another party an agreement to complete the work under this Contract.

A. Termination for Default.

If the CONTRACTOR refuses or fails to prosecute the work or any separable part thereof with such diligence as will ensure its completion within the time specified herein, or any authorized extension thereof, or fails to perform the work in a manner required by the Contract Documents and/or industry standards, or fails to complete such work within such time as required under the Contract Documents or, if the CONTRACTOR should be adjudged as bankrupt, or is otherwise deemed insolvent by CITY based on good cause and is unable to proceed with the work, or if the CONTRACTOR should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if the CONTRACTOR files a petition to take advantage of any debtor’s act, or should any subcontractor violate any of the provisions of the Contract Documents, or if the CONTRACTOR should persistently or repeatedly refuse or fail, except in cases for which an authorized extension of time is provided, to supply enough properly skilled workers or proper materials to complete the work in the time specified, or if the CONTRACTOR should fail to make prompt payment to subcontractors for material or labor, or if the CONTRACTOR should persistently disregard laws, or instructions given by CITY, or if the CONTRACTOR otherwise substantially fails to fulfill its obligations under the Contract Documents, CITY may, without prejudice to any other right or remedy, serve written notice upon the CONTRACTOR and Sureties of CITY’s intention to terminate the CONTRACTOR’s performance under the contract. Said notice shall contain the reasons for such intention to terminate the CONTRACTOR’s performance under the contract, and unless, within ten (10) days after the service of such notice, such violations cease and/or 994
SECTION 5 - AGREEMENT (Continued)
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satisfactory arrangements for the corrections thereof have been made, the CITY may terminate CONTRACTOR’s performance under the contract and the CONTRACTOR shall not be entitled to receive any further payment until the work is completed.

In the event of any such termination, CITY shall serve written notice thereof upon the Surety and CONTRACTOR, and the Surety shall have the right to take over and perform the contract. However, if the Surety, within five (5) days after the service of a notice of termination, does not give CITY written notice of its intention to take over and perform the contract, and if it serves such notice of its intent to take over and perform the contract and does not begin performance thereof within fifteen (15) days from the date of serving said notice, CITY may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable for the account and at the expense of the CONTRACTOR, and the Sureties and/or CONTRACTOR shall be liable to CITY for any excess cost or other damage incurred by CITY thereby. If the Surety assumes the CONTRACTOR’s terminated work, it shall take the CONTRACTOR’s place in all respects for that part and shall be paid by CITY for all work performed by it in accordance with the terms of the Contract Documents. If the Surety assumes the entire contract, all money due the CONTRACTOR at the time of its default shall be payable to the Surety as the work progresses, subject to the terms of the contract.

CONTRACTOR hereby consents to assigning to CITY and/or CITY’s replacement contractor all subcontracts and other agreements of any and all subcontractors and/or suppliers that may be on the worksite and/or may be necessary to complete the work in the event of Termination for Default or Termination for Convenience, as set forth below. CONTRACTOR agrees to obtain, by way of a subcontract provision, the consent of each and every subcontractor and/or supplier for such assignment prior to the commencement of each such subcontractor’s and/or supplier’s work on the PROJECT.

In the event of such termination, the CONTRACTOR will be paid the actual amount due based on unit prices or lump sums Bid and the quantity of work completed at the time of termination, less damages caused to CITY by acts of the CONTRACTOR causing the termination, including but not limited to, all costs to CITY arising from professional services and attorneys' fees and all costs generated to insure or bond the work of substituted CONTRACTORS or subcontractors utilized to complete the work, such excess shall be paid to the CONTRACTOR. If such costs exceed the unpaid balance, the CONTRACTOR shall pay the difference to CITY promptly upon demand. On failure of the CONTRACTOR to pay, the Surety shall pay on demand by CITY. Any portion of such difference not paid by the CONTRACTOR or Surety within thirty (30) days following the mailing of a demand for such costs shall earn interest at the maximum rate authorized by California law.

The CONTRACTOR and CITY agree that nothing in this section is intended to be or is a prevailing party clause as it pertains to attorney’s fees.

The foregoing provisions are in addition to and not in limitation of any other rights or remedies under law or in equity available to CITY.

If it is later determined by CITY that the CONTRACTOR had an excusable reason for not performing, such as a fire, flood, or other event which was not the fault of or was beyond the control of the CONTRACTOR, CITY, after setting up a new performance schedule, may allow the CONTRACTOR to continue work, or treat the termination as a 995
SECTION 5 - AGREEMENT (Continued)
- 53 -
termination for convenience, and the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of CITY.

B. Termination for Convenience.

CITY may terminate the CONTRACTOR’s performance under the contract, either in whole or in part, at its own discretion or when conditions encountered during the work make it impossible or impracticable to proceed, or when CITY is prevented from proceeding with the contract by act of God, by law, or by official action of a public authority, or upon a determination that such termination is in the best interest and convenience of CITY, or whenever CITY is prohibited from completing the work for any reason. CITY shall provide no less than ten (10) days written notice of its intent to terminate the Contract for convenience and shall provide the CONTRACTOR with consultation with CITY prior to termination.

1. Upon receipt of such written notice of termination, the CONTRACTOR shall:
a. Stop Work as specified in the written notice;
b. Terminate all orders and Subcontractors except as necessary to complete Work which is not terminated;
c. If directed in writing by CITY to do so, assign all right, title and interest in subcontracts and materials in progress, in which case CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such Subcontractors, but in no event shall recovery by any
CONTRACTOR include lost profits for uncompleted portions of Work;
d. Deliver or otherwise make available to CITY all data, Drawings, Specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing this Contract whether completed or in process;
e. Settle outstanding liabilities and claims with the approval of CITY;
f. Complete performance of such part of the work as has not been terminated; and
g. Take such other actions as may be necessary, or as may be directed by CITY for the protection and preservation of the Project and/or property related to the contract.

2. Upon receipt of CITY’s written notice of termination for convenience, and within a period of 30 to 60 days, as determined by the Engineer at the time of termination, the CONTRACTOR shall submit to the Engineer a Termination Proposal which shall include, but is not limited to, the CONTRACTOR’s estimated costs 996
SECTION 5 - AGREEMENT (Continued)
- 54 -
to be incurred by the CONTRACTOR as a result of the termination for convenience, and as allowed by the Contract Documents, including all documentation to support such costs; the status of the Work at time of termination; the status of termination of the CONTRACTOR’s subcontractor(s) and supplier(s) agreement(s) including the amount of each said agreement, amount paid under each agreement up to the date of termination, and the amount that currently remains due and owing under each agreement for work completed as of the date of termination, if any; a list, certified as to quantity and quality, of termination inventory not previously disposed of, excluding items authorized for disposition by the Engineer; and any other information and/or documentation as required by the CITY.

Upon receipt of the CITY’s written notice of termination for convenience, the CONTRACTOR shall submit to the Engineer a request for final payment, pursuant to the requirements set forth in the contract. Such request shall be submitted promptly, but no later than sixty (60) days from the effective date of termination.

3. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the contract at time of termination, including the following:
a. Any actual costs incurred by the CONTRACTOR for restocking charges;
b. The agreed upon price of protecting the work in any manner, if any, as directed by CITY;
c. The cost of settling and paying claims arising out of the termination of the work under subcontract agreements or orders with CITY’s approval, as specified above, exclusive of the of the amounts paid or payable on account of goods
delivered or work furnished by subcontractor prior to the effective date of the termination; and
d. The contract price allocable to the portion of the work properly performed or goods supplied by the CONTRACTOR as of the date of termination, as determined in accordance with the Contract Documents, reduced by any sums previously paid to the CONTRACTOR.

4. CITY shall have the right to withhold any portion or the whole of the final payment under this provision in the event there are any outstanding claims for compensation asserted by CITY against the CONTRACTOR, or by any third party against CITY which arises out of the CONTRACTOR’s work.

5.18.1 This Contract may be terminated in whole or in part in writing by the CITY for its convenience, provided that the CONTRACTOR is given (1) not less than ten 997
SECTION 5 - AGREEMENT (Continued)
- 55 -
(10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination.

5.18.2 If termination for default or convenience is effected by the CITY, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the CONTRACTOR at the time of termination may be adjusted to cover any additional costs to the CITY because of the CONTRACTOR'S default.

5.18.3 Upon receipt of a termination action under paragraph (5.18.1) or (5.18.2) above, the CONTRACTOR shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONTRACTOR in performing this Contract whether completed or in process.

5.18.4 Upon termination under paragraphs (5.18.1) and (5.18.2) above, the CITY may take over the work and may award another party an agreement to complete the work under this Contract.

5.19 Warranty. The CONTRACTOR agrees to perform all work under this Contract in accordance with the CITY’s designs, drawings and specifications.

The CONTRACTOR guarantees for a period of one (1) year from the date of the notice of completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs or any damage to other parts of the system resulting from such defects. The CITY shall promptly give notice to the CONTRACTOR of observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs, corrections or other work made necessary by such defects, the CITY may do so and charge the CONTRACTOR the cost incurred. The performance bond shall remain in full force and effect through the guarantee period.

The CONTRACTOR'S obligations under this clause are in addition to the CONTRACTOR'S other express or implied assurances of this Contract or state law and in no way diminish any other rights that the CITY may have against the CONTRACTOR for faulty materials, equipment or work.

5.20 Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, each shall bear its own attorneys' fees, costs and necessary disbursements. Notwithstanding the foregoing, if any action is brought against the CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold, which named the CITY as a party to said action, the CITY shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the CITY. The CITY shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not.
998
SECTION 5 - AGREEMENT (Continued)
- 56 -

5.21 Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing.

TO CITY: TO CONTRACTOR:

City of Garden Grove RJ Noble Company
Public Works Department Steven L. Mendoza, Vice President Attention: Nick Hsieh 15505. E. Lincoln Avenue
11222 Acacia Parkway Orange, CA 92865
Garden Grove, CA 92840 (714) 637-1550
(714) 741-5190 (714) 637-6321 Fax
(714) 741-5578 Fax
[SIGNATURES ON NEXT PAGE]
999
SECTION 5 - AGREEMENT (Continued)
- 57 -
IN WITNESS THEREOF, these parties have executed this Construction Agreement on the day and year shown below.

Date: "CITY"

CITY OF GARDEN GROVE
By:

Lisa Kim
City Manager
ATTEST:

City Clerk
Date:
"CONTRACTOR"
RJ Noble Company
CONTRACTOR'S State License No. 782908
(Expiration Date: 8/31/26 )
CONTRACTOR'S DIR No. 1000004235
Attached Copy of your DIR Certificate.

By:

Title: Steven L. Mendoza, Vice President
Date:

APPROVED AS TO FORM:
______________________________
Garden Grove City Attorney
If CONTRACTOR is a corporation, a Corporate
Resolution and/or Corporate Seal is required.

Date___________________________
1000
- 58 -

FAITHFUL PERFORMANCE BOND
Bond No.

Premium
NOTICE: TO WHOM IT MAY CONCERN: those we, ,
,
as Principal, and
as Surety, are held and firmly bound unto the City of Garden Grove, (CITY) in the sum of

Lawful money of the United States, for the payment of which we bind heirs, our executors, administrators, successors, and ourselves jointly and severally.

That the Surety's office is located at ,
telephone no. ; the Surety is licensed to do business in the State of California; and the California Insurance Agent's License No., address, and telephone no. are as follows:

License No.:

Address:

Telephone No.:

That the following clause must be completed if, in fact, a non-resident agent for the Surety is a party to the transaction:

Name of non-resident agent:

Non-resident agent's office address:

Telephone No.:

THE CONDITION OF THIS OBLIGATION IS SUCH, that:

1. The Principal has agreed entered into a contract attached hereto, dated the day of , 2026, with the CITY OF GARDEN GROVE for 2026 VARIOUS STREETS REHABILITATION PROJECT, Project No. CP – 1502000.

2. If the Principal shall well and truly perform, or cause to be performed, each and all of the requirements and obligations of the contract to be performed by the Principal, as set forth in the contract, then this bond shall be null and void; otherwise, it shall remain in full force and effect.

In the event that suit is instituted to recover on this bond, the Surety will pay reasonable attorneys' fees.

3. Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of work performed shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alteration, or modification of the contract documents, or of work to be performed. 1001
- 59 -
FAITHFUL PERFORMANCE BOND (Continues)
Executed this day of , 20___
Principal Principal
By:

Surety
By:

Attorney-in-Fact
California Resident Agent
By:

Non-resident Agent - Attorney-in-Fact

STATE OF CALIFORNIA )
)
COUNTY OF ) ss.

On this day of , 20 , before me, a Notary Public in and for said County, residing therein, duly commissioned and sworn, personally appeared known to me to be the Attorney-in-Fact of the , of
(Corporation)
, and acknowledged that it executed the attached bond to the (State)
City of Garden Grove as such Attorney-in-Fact and as the free act and deed of the corporation, and that the bond was executed on behalf of the corporation by authority of its Board of Directors.

IN WITNESS WHEREOF, I have herewith set my hand and affixed my Official Seal, the day and year in this certificate first above written.
(Acknowledgment by Nonresident Agent as Attorneyin-Fact must be attached.)Notary Public in and for said County and State My Commission expires:
1002
- 60 -

LABOR AND MATERIAL BOND
Bond No.

Premium
NOTICE: TO WHOM IT MAY CONCERN: those we,
,
as Principal, and , as Surety,
are held and firmly bound unto the City of Garden Grove, California ("CITY") in the sum of ____ Dollars ($ ), lawful money of the United
States, for the payment of the sum, we bind heirs, our executors, administrators, successors, and ourselves jointly and severally.

License No.:

Address:

Telephone No.:

That the following clause must be completed if, in fact, a non-resident agent for the Surety is a party to the transaction:

Name of non-resident agent:

Non-resident agent's office address:

Telephone No.:

THE CONDITION OF THIS OBLIGATION IS SUCH, that:

1. The Principal has entered into a contract attached hereto, dated day of ________________, 2026, with the CITY OF GARDEN GROVE for 2026 VARIOUS STREETS REHABILITATION PROJECT, City Project No. CP – 1502000.

2. If the Principal, its heirs, executors, administrators, successors, or assigns, or subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or teams, implements, or machinery used in, upon, for, or about, the performance of the improvement, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to work or labor, and provided that the claimant shall have complied with the provision of the code, the Surety or Sureties will pay for same in the amount not exceeding the sum specified in this bond; otherwise, the above obligation shall be void. In case suit is brought upon this bond, the Surety will pay reasonable attorneys' fees.

3. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents, or of work performed, shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alteration, or modification of the contract documents, or of work to be performed. 1003
- 61 -
LABOR AND MATERIAL BOND (Continues)

4. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to the claims under Civil Code 9554 et seq., so as to give a right of action to them or their assignees in any suit brought upon this bond.

Executed this day of , 20 .

Principal Principal
By:

Surety
By:

Attorney-in-Fact
California Resident Agent
By:

Non-resident Agent - Attorney-in-Fact

STATE OF CALIFORNIA )
)
COUNTY OF ) ss.

On this day of , 20 , before me, a Notary Public in and for said County and State, personally appeared
known to me to be the Attorney-in-Fact of
the , of
(Corporation)
, and acknowledged that it executed the attached bond to the (State)
City of Garden Grove as such Attorney-in-Fact and as the free act and deed of the corporation, and that the bond was executed on behalf of the corporation by authority of its Board of Directors.

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between whose address is ,
hereinafter called "owner", ,
whose address is ,
hereinafter called "contractor", ,
and , whose address
is ,
hereinafter called "escrow agent."
For the consideration hereinafter set forth, the owner, contractor, and escrow agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, the contractor has the option to deposit securities with the escrow agent as a substitute for retention earnings required to be withheld by the owner pursuant to the construction contract entered into between the owner and contractor for in the amount of
_ dated (hereafter referred to as the "contract"). Alternatively, on written request of the contractor, the owner shall make payments of the retention earnings directly to the escrow agent. When the contractor deposits the securities as a substitute for the contract earnings, the escrow agent shall notify the owner within ten days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the contract between the owner and contractor.

Securities shall be held in the name of the, and shall designate the contractor as the beneficial owner.
(2) The owner shall make progress payments to the contractor for those funds which otherwise would be withheld from progress payments pursuant to the contract provision, provided that the escrow agent holds securities in the form and amount specified above. (3) When the owner makes payment of retentions earned directly to the escrow agent, the escrow agent shall hold them for the benefit of the contractor until such time as the escrow created under this contract is terminated. The contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the owner pays the escrow agent directly. (4) The contractor shall be responsible for paying all fees for the expenses incurred by the escrow agent in administering the escrow account. These expenses and payment terms shall be determined by the contractor and escrow agent.
(5) The interest earned on the securities or the money market accounts held in escrow and all interest on the interest shall be the sole account of contractor and shall be subject to withdrawal by contractor at any time and from time to time without notice to the owner. (6) The contractor shall have the right to withdraw all or any part of the principal in the escrow account only by written notice to the escrow agent accompanied by written authorization from the owner to the escrow agent that the owner consents to the withdrawal of the amount sought to be withdrawn by contractor.
(7) The owner shall have a right to draw upon the securities in the event of default by the contractor. Upon two days' written notice to the escrow agent from the owner of the default, the 1005
- 63 -
escrow agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the owner.
(8) Upon receipt of written notification from the owner certifying that the contract is final and complete, and that the contractor has complied with all requirements and procedures applicable to the contract, the escrow agent shall release to the contractor all securities and interest on deposit less escrow fees and charges of the escrow account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payment of fees and charges. (9) The escrow agent shall rely on the written notifications from the owner and the contractor pursuant to Sections (1) to (8), inclusive, of this agreement and the owner and contractor shall hold the escrow agent harmless from the escrow agent's release, conversion, and disbursement of the securities and interest as set forth above. (10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the owner and on behalf of the contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of the owner: On behalf of the contractor:

Title Title
Name Name
Signature Signature
Address Address
1006
- 64 -
On behalf of the escrow agent:

Title Title
Name Name
Signature Signature
Address Address
At the time the escrow account is opened, the owner and contractor shall deliver to the escrow agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Owner/Contractor Dated:

Title/Title
Approved as to Form
City Attorney
1007
Item 236/2026
Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Samuel Kim
Dept: City Manager Dept: Public Works
Date: 6/9/2026
Subject: Award contracts to Dudek, Accenture Infrastructure and Capital Project, LLC, and West Yost & Associates Inc. for on-call construction management and inspection services for various water and sewer capital improvement projects. (Cost: Not to Exceed $500,000 per contract)(Joint Action Item with the Garden Grove Sanitary District)

OBJECTIVE
To recommend that the Sanitary District Board and City Council award contracts to Dudek, Accenture Infrastructure and Capital Project, LLC, and West Yost & Associates Inc. for on-call construction management and inspection services for various water and sewer capital improvement projects.

BACKGROUND
The Water Services Division has been increasing its efforts in implementing capital improvement projects as listed in the Water Master Plan (2020) and the Sewer System Condition Assessment studies (2022 & 2026). It is expected that the following water and sewer Capital Improvements Projects, currently in the design or planning phase, will require third-party construction management and inspection services due to limited staff availability. • Lampson Reservoirs Rehabilitation Project
• Well 29 Restoration Project
• Well 30 SCADA Improvement Project
• Bowen Street and Blake Street Water Improvement Project • SSRP Phase II Sewer Main Replacement Project 2
• SSRP Phase II Sewer Main Lining Project 2
Establishing on-call construction management and inspection services with qualified consultants will help the Water Service Division implement construction projects without delay, ensure continuity across multiple projects, and reduce administrative overhead. 1008
Item 236/2026

Page 2 of 3 ends

DISCUSSION
Staff requested proposals from five (5) firms to provide on-call construction management and inspection services. All five (5) solicited consultants submitted proposals. A panel of three members rated the submitted proposals on the sole basis of qualifications. Staff determined that Dudek, Accenture Infrastructure and Capital Project, LLC, and West Yost & Associates Inc. are best suited and qualified to provide on-call design engineering services.

The following is a summary of the ratings with the highest total being the most qualified:

Dudek
Accenture
Infrastructure
and Capital
Project LLC
West Yost &
Associates
Inc.

JIG
Consultants NV5
Mission Viejo,
CA Irvine, CA Irvine, CA Orange, CA Irvine, CA
Rater A 131 133 129 128 126
Rater B 139 137 133 133 132
Rater C 137.8 137.3 136.3 135.5 135.8
Totals 407.8 407.3 398.3 396.5 393.8

FINANCIAL IMPACT
The cost of each contract with Dudek, Accenture Infrastructure and Capital Project, LLC, and West Yost & Associates Inc. for on-call construction management and inspection services for various water and sewer capital improvement projects shall not exceed $500,000. Costs will be incurred on an as-needed basis. Funding is budgeted in the respective capital improvement projects included in the City’s adopted five-year Capital Improvement Plan.

RECOMMENDATION
It is recommended that the Sanitary District Board:
• Award a contract to Dudek in the amount not to exceed $500,000, with three option years with additional compensation of $250,000 per option year, for oncall construction management and construction services for various water and sewer capital improvement projects;
• Award a contract to Accenture Infrastructure and Capital Project, LLC in the amount not to exceed $500,000, with three option years with additional compensation of $250,000 per option year, for on-call construction management and construction services for various water and sewer capital improvement projects;
• Award a contract to West Yost & Associates, Inc. in the amount not to exceed $500,000, with three option years with additional compensation of $250,000 per option year, for on-call construction management and construction services for various water and sewer capital improvement projects; and 1009
Item 236/2026

Page 3 of 3 ends

• Authorize the General Manager, or designee, to execute the agreements on behalf of the District, exercise option year amendments, and make minor modifications as appropriate thereto.

By: Liyan Jin, Associate Engineer

ATTACHMENT(S)

1. Professional Services Agreement_Dudek

2. Professional Services Agreement_Accenture

3. Professional Services Agreement_West Yost
1010
1 PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made __26th__ day of _May___, 2026, by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY"), GARDEN GROVE SANITARY DISTRICT, a California special district, and _Dudek_ herein after referred to as “CONSULTANT”.

RECITALS
The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to Garden Grove Council/GGSD Board approval dated _May 26, 2026_

2. CITY/DISTRICT desire(s) to utilize the services of CONSULTANT to provide on-call construction management and inspection services listed in Attachment “A”.

3. CONSULTANT is qualified by virtue of experience, training, education and expertise to accomplish services.

4. CITY/DISTRICT shall hereinafter be referred to as “CITY.”

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Term and Termination. The term of the agreement shall be cover services rendered from the date of this Agreement until compensation reaches the not to exceed amount or sooner terminated per section 3.5. There shall be an option to extend the performance period of this Agreement by an additional three option years in one-year increments, with additional compensation of $250,000 (two hundred and fifty thousand dollars) for each option year exercised. Extensions shall be executed at the sole discretion of the CITY.

2. Services to be Provided. The services to be performed by CONSULTANT shall consist of tasks, including but not limited to work plan listed in Attachment “A”, and is incorporated herein by reference. The Attachment and this Agreement do not guarantee any specific amount of work. CONSULTANT warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with customary and usual practices in CONSULTANT’S profession and the standards prevalent in the industry for such services. By executing this Agreement, CONSULTANT warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement.

3. Compensation. CONSULTANT shall be compensated as follows:

3.1. AMOUNT. The compensation for services under this Agreement shall be determined based on the scope and nature of future project proposals mutually agreed up by both parties, payable in arrears and in accordance with scope of work in Attachment “A”. For each project, the CONSULTANT shall submit a detailed proposal outlining the scope of work, timeline, and estimated costs.

Upon CITY approval of the proposal, compensation for the specific project will be 1011
2 defined and agreed upon in writing, either as a fixed fee, hourly rate, or other agreed-upon method.

3.2. Not to Exceed. The Parties agree that CONSULTANT shall bill for the Services provided by CONSULTANT to CITY on an hourly basis, except where otherwise set forth herein, provided compensation under this Proposal shall not exceed $500,000. CONSULTANT warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. CONSULTANT shall not be compensated for any services rendered in connection with a performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. The Proposal and this Agreement do not guarantee any specific amount of work.

3.3. PAYMENT. For work under this Agreement, payment shall be made per invoice for work completed. Within 45 day of delivery of goods or completion of performance of services, CONSULTANT must promptly render an invoice to CITY or payment may be significantly delayed. For extra work not a part of this Agreement, a written authorization by CITY will be required, and payment shall be based on Rate and Fee Estimate included in Attachment “A”.

3.4. RECORDS OF EXPENSES. CONSULTANT shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to CITY.

3.5. TERMINATION. CITY and CONSULTANT shall have the right to terminate this agreement, without cause, by giving thirty (30) days written notice of termination.

If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed.

4. Insurance requirements

4.1. COMMENCEMENT OF WORK. CONSULTANT shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance and provide a Waiver of Subrogation in favor of the City.

4.2. WORKERS COMPENSATION INSURANCE. For the duration of this Agreement, CONSULTANT and all subcontractors shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable. The insurer shall waive its rights of subrogation against the CITY, its officers, officials, agents, employees, and volunteers.

4.3. INSURANCE AMOUNTS. CONSULTANT shall maintain the following insurance for the duration of this Agreement:
a. Commercial general liability in an amount not less than $2,000,000.00 per occurrence (claims made and
modified occurrence policies are not acceptable);
Insurance companies must be acceptable to the CITY and
have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
1012
3 b. Automobile liability in an amount of $1,000,000.00 combined single limit (claims made and modified
occurrence policies are not acceptable); Insurance
companies must be acceptable to the CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
c. Professional liability in an amount not less than
$2,000,000.00. Insurance companies must be admitted and licensed in California and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY. If the policy is written on a “claims made” basis, the policy shall be
continued in full force and effect at all times during the term of the agreement, and for a period of three (3) years from the date of the completion of services provided. In the event of termination, cancellation, or material change in the policy, professional/CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of
professional/CONSULTANT during the course of performing services under the term of the agreement. The coverage
shall be evidenced either by a new policy evidencing no gap in coverage, or by obtaining separate extended “tail”
coverage with the present or new carrier.

An On-Going and Completed Operations Additional Insured Endorsement for the policy under section 4.3 (a) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONSULTANT. CONSULTANT shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.

An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, it’s officers, officials, employees, agents, and volunteers as additional insureds for automobiles, owned, leased, hired, or borrowed by the CONSULTANT. CONSULTANT shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.

For any claims related to this Agreement, CONSULTANT’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of the CONSULTANT’s insurance and shall not contribute with it.

If CONSULTANT maintains higher insurance limits than the minimums shown above, CONSULTANT shall provide coverage for the higher insurance limits otherwise maintained by the CONSULTANT.
1013
4 5. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONSULTANT in the event of any default or breach by CITY, or for any amount which may become due to CONSULTANT.

6. Non-Discrimination. CONSULTANT covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement.

7. Independent CONSULTANT. It is agreed to that CONSULTANT shall act and be an independent CONSULTANT and not an agent or employee of the CITY, and shall obtain no rights to any benefits which accrue to CITY'S employees.

8. Compliance with Law. CONSULTANT shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government. CONSULTANT shall comply with, and shall be responsible for causing all CONSULTANTs and subCONSULTANTs performing any of the work pursuant to this Agreement to comply with, all applicable federal and state labor standards, including, to the extent applicable, the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. The City makes no warranty or representation concerning whether any of the work performed pursuant to this Agreement constitutes public works subject to the prevailing wage requirements.

9. Prevailing Wages. The CITY has been advised that the Prevailing Wages Law applies to the work. Consultant and its subcontractors must be registered with the California Department of Industrial Relations pursuant to Labor Code Section 1725.5. This Agreement shall not be effective until CONSULTANT provides proof of registration to the CITY. CONSULTANT shall be responsible for CONSULTANT's compliance in all respects with the Prevailing Wage Law, including the payment of the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. CONSULTANT shall submit payroll records to the Labor Commissioner pursuant to Labor Code section 1771.4(a)(3) and shall comply with the job site notices posting requirements established by the Labor Commissioner pursuant to Title 8, California Code of Regulations Section 16461(e) or other regulation promulgated pursuant to Labor Code Section 1771.4(a)(2). Pursuant to Labor Code Section 1771.4, this Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONSULTANT.

10. Disclosure of Documents. All documents or other information developed or received by CONSULTANT are confidential and shall not be disclosed without authorization by CITY, unless disclosure is required by law.

11. Ownership of Work Product. All documents or other information developed or received by CONSULTANT shall be the property of CITY. CONSULTANT shall provide CITY with copies of these items upon demand or upon termination of this Agreement.

12. Conflict of Interest and Reporting. CONSULTANT shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.

13. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process.
1014
5 a. Address of CONSULTANT is as follows:

Dudek
27271 Las Ramblas, Suite 340
Mission Viejo, CA 92691_____
________________________
b. Address of CITY is as follows:

City Manager/General Manager
City of Garden Grove/GGSD
11222 Acacia Parkway
Garden Grove, CA 92840

14. CONSULTANT'S PROPOSAL. This Agreement shall include CONSULTANT'S proposal which shall be incorporated herein by reference. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

15. Licenses, Permits, and Fees. At its sole expense, CONSULTANT shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement.

16. Familiarity with Work. By executing this Agreement, CONSULTANT warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restrictions of the work under this Agreement. Should CONSULTANT discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONSULTANT'S risk, until written instructions are received from CITY.

17. Time of Essence. Time is of the essence in the performance of this Agreement.

18. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability, and reputation of CONSULTANT, its principals and employees were a substantial inducement for CITY to enter into this Agreement. CONSULTANT shall not contract with any other entity to perform the services required without written approval of the CITY. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CONSULTANT is permitted to subcontract any part of this Agreement, CONSULTANT shall be responsible to CITY for the acts and omissions of its sub-CONSULTANT as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationship between any subCONSULTANT and CITY. All persons engaged in the work will be considered employees of CONSULTANT. CITY will deal directly with and will make all payments to CONSULTANT.

19. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound.

20. Indemnification. To the fullest extent permitted by law, CONSULTANT shall defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of CONSULTANT, 1015
6 CONSULTANT'S agents, officers, employees, sub-CONSULTANTs, or independent CONSULTANTs hired by CONSULTANT in the performance of the Agreement. The only exception to CONSULTANT'S responsibility to protect, defend, and hold harmless CITY, is due to the negligence, recklessness and/or wrongful conduct of CITY, or any of its elective or appointive boards, officers, agents, or employees.

This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT.

21. Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefor by the Garden Grove City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the CITY.

22. Modification. This Agreement constitutes the entire agreement between the parties and supersedes any previous agreements, oral or written. This Agreement may be modified only by subsequent mutual written agreement executed by CITY and CONSULTANT.

23. Waiver. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the CITY and CONSULTANT.

24. California Law. This Agreement shall be construed in accordance with the laws of the State of California. Any action commenced about this Agreement shall be filed in the central branch of the Orange County Superior Court.

25. Interpretation. This Agreement shall be interpreted as though prepared by both parties

26. Preservation of Agreement. Should any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable.
(Agreement Signature Block on Next Page)
1016
7 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.

Date: _____________ "CITY"

CITY OF GARDEN GROVE
By:___________________________
City Manager
Date: _____________ "DISTRICT"

GARDEN GROVE SANITARY DISTRICT
By:___________________________
General Manager
ATTESTED:
____________________________
City Clerk/Secretary
Date: _______________________
"CONSULTANT"
Dudek
By: _______________________________
Name: ____________________________
Title:______________________________
Date: _____________________________
Tax ID No. _________________________
CONSULTANT’s License: _______________
Expiration Date______________________
If CONSULTANT is a corporation, a Corporate
Resolution and/or Corporate Seal is required.

If a partnership, Statement of Partnership
must be submitted to CITY.

APPROVED AS TO FORM:
____________________________
City Attorney/General Counsel
________________________
Date
1017
On-Call Construction Management and Inspection Services for Various Water and Sewer Improvements Projects 5 Construction Manager Responsibilities
The CM will be responsible for overall QA and coordination of the project and will work closely with the City, contractor, and inspectors to resolve day-to-day construction issues. The CM will also ensure project issues are identified and resolved quickly. Project issues will be organized on a critical action item report, which will detail the administrative, design, construction, environmental, and coordination issues that arise. Each action item will be assigned to project personnel with a target date to complete or resolve. The report will be updated at the weekly construction management staff and contractor progress meetings, and will be included in the monthly progress report. The CM will be responsible for tracking change orders and reviewing submittals and RFIs. He will also be responsible for directly managing the inspection and testing on the project.

The CM will meet the City’s representative to discuss the plan for the upcoming work on what may affect the public or traffic. He will also be available to meet with community groups to develop methods to inform the public, agencies, community groups, and contractors in the area regarding the work schedule. There are a number of issues that the community will be watching closely on construction projects: work hours, stormwater control, noise control, dust control, and environmental measures, to name a few.

We will make sure the project is complete and acceptable prior to scheduling a final punch list workthrough with the City. The CM will review and recommend final payment and release retention once all outstanding items are completed to the satisfaction of the City. At the completion of the project, we will review and certify the as-builts, draft the final change orders, and prepare a final construction summary report for the project.

Inspector Responsibilities
The inspectors assigned to the City will be on site daily during working hours and whenever work is performed outside of normal working hours. They will be available by cell phone whenever not at the site to answer any questions and resolve issues. The inspector will be the key point of contact for the contractor’s project manager and superintendent during the course of the work. The inspector will not direct the contractor’s work but will facilitate the contractor’s efforts by anticipating issues that might affect the progress of the work.

Dudek employs a state-of-the-art photo documentation system using commercial-standard photo management software. Upon beginning each day’s fieldwork, our personnel will download the day’s images from each digital camera to the computer network located in the field office. Using these images, the construction inspector will review completed work with the City’s plans and specifications.

The inspector will examine the site daily, manage subconsultants, and conduct weekly progress meetings with the contractor. One of the key activities is the weekly progress meeting with the contractor. This is where old and new business issues are discussed, such as action items developed; progress to date is reviewed in detail; a contractor’s 3-week look-ahead schedule is developed; and items from the City or other consultants discussed. A description of these meetings and the inspector’s role are provided on the following pages. If work is nonconforming per the specifications, the inspector will issue a written Notice of Non-Compliance report for any work installed by the contractor that does not comply with the project plans and specifications. This will require a written response from the contractor and the issue will be tracked weekly until it is resolved to our satisfaction.

The inspector will also prepare a list of items for correction and redline as-built plans as needed.

The inspector will assist with a submittal review meeting and with expediting the submittal turnaround process. He or she will conduct a submittal review meeting with the contractor for designated critical submittals to ensure they are returned for prompt material procurement.
1018
On-Call Construction Management and Inspection Services for Various Water and Sewer Improvements Projects 6 Inspection Forms/Checklist
Documentation is critically important in construction and all communication will be provided to effected personnel in writing. Our inspectors maintain daily logs, complete incident reports, and photograph elements of a project. We assist the City with progress pay estimates, contract change orders, labor and equipment records, personnel records, and other general correspondence that will ensure the effectiveness of the projects.

Stormwater (SWPPP) Inspection and Compliance
The inspector will inspect the contractor’s stormwater pollution prevention plan (SWPPP) installation and erosion, tracking potential discharges every day for compliance with the National Pollutant Discharge Elimination System (NDPES), permits, and the approved project SWPPP plan. The contractor will be notified immediately in writing of any corrections that need to be made. The inspector will stay up to date on all required reports and inspect the contractor’s SWPPP reports to ensure they are up to date and accurate.

Traffic Control
The inspector will review traffic control plans and follow the requirements as stipulated by the City’s traffic engineer and according to the latest California Manual on Uniform Traffic Control Devices (MUTCD) and Work Area Traffic Control Handbook requirements.

Progress Payment
The Dudek team realizes the importance of an accurate timely review of the progress for each month. The on-site inspector will field measure pay quantities in accordance with Greenbook standards. We will meet with the contractor and discuss the status of pay quantities and schedule of values (if there are any lump sum bid items), and review the contractor’s as-builts at the end of the month. The on-site construction inspector will then make a recommendation to the City for the amount of the monthly progress payment application.

Project Management and QA/QC
The construction management team and contract manager will establish and implement a QA/QC Plan organized as follows:

1. Organization and Responsibility

2. Execution and Schedule

3. Procedural Requirements

4. Requirements for Subconsultants

5. Project Quality Management Audits
The CM is committed to supporting the construction of your projects on behalf of the City. Regular meetings with the contractor and the use of a 3-week schedule for fieldwork should prevent any delays due to inspection needs.

Dudek’s approach to QA and quality control (QC) is directed toward ensuring the quality of the final product meets the design drawings and specifications while increasing management’s awareness and confidence in the details of the entire fabrication and construction process.

Dudek will employ proven methods for the project-specific QA and QC program for the City’s projects. This program will largely consist of existing corporate procedures and standards from the company’s Total Quality Program, tailored to match the unique requirements as indicated in the City’s overall QA/QC Plan. Our approach includes a 1019
On-Call Construction Management and Inspection Services for Various Water and Sewer Improvements Projects 7 mixture of senior staff review, constructability evaluation, and operability/maintainability evaluations throughout the process. The focus on achieving a consistent high-quality product is carried through the review of contractor’s procedures, submittal review, and shop and field inspections, as well as field and laboratory testing, to ensure that quality materials and equipment are delivered and constructed to the project specifications and drawings.

Quality Assurance Inspection Services
Inspectors will provide technical inspection at each job site where the contractor is performing work to ensure compliance with the contract documents. They will coordinate material deliveries, inspect materials as they arrive on site, and verify that all materials and equipment are properly stored. Inspectors will prepare daily reports as required by the project’s scope of work and the City’s standards. Inspection staff will note and document deviations in the work. The City’s project manager and the contractor will be notified when deviations are observed.

Developer Inspections
Dudek currently provides inspection of developer projects for several agencies. We understand the importance of keeping detailed notes regarding times, dates, and the work inspected. Costs associated with our inspections are typically charged to developers or subtracted from deposits or through reimbursable agreements. Accurate records are critical to avoiding disputes.
1020
)'.iU!:);f!!\ "0.*6 Si'and^fi'i :S<-;'iQ^iu)e of Charges Engineering ServicesProject Director........................................................................ $350.00/hr Principal Engineer III................................................................ $330.00/hr Principal Engineer II................................................................ $310.00/hr Principal Engineer I................................................................. $300.00/hr Program Manager.................................................................... $285.00/hr Senior Project Manager.......................................................... $285.00/hr Project Manager...................................................................... $275.00/hr Senior Engineer III.................................................................... $270.00/hr Senior Engineer II..................................................................... $260.00/hr Senior Engineer I...................................................................... $250.00/hrProject Engineer IV/Technician IV......................................... $240.00/hr Project Engineer IH/Technician III.......................................... $230.00/hr Project Engineer 11/Technician II............................................ $215.00/hr Project Engineer 1/Technician I.............................................. $200.00/hr 3D Production Manager.......................................................... $225.00/hrSenior Designer II..................................................................... $220.00/hrSenior Designer I...................................................................... $210.00/hr Designer................................................................................... $195.00/hr Assistant Designer................................................................... $190.00/hr CADD Operator III..................................................................... $210.00/hr CADD Operator II...................................................................... $205.00/hrCADD Operator I....................................................................... $165.00/hrCADD Drafter............................................................................ $185.00/hrCADD Technician..................................................................... $135.00/hr Project Coordinator II.............................................................. $165.00/hrProject Coordinator I............................................................... $135.00/hr EngineeringAssistant.............................................................. $130.00/hrEnvironmental Services Senior Project Director............................................................ $375.00/hr Project Director........................................................................ $350.00/hr Senior Specialist V................................................................... $290.00/hr Senior Specialist IV.................................................................. $275.00/hr Senior Specialist III.................................................................. $260.00/hr Senior Specialist 11................................................................... $245.00/hr Senior Specialist I.................................................................... $230.00/hr Specialist V............................................................................... $220.00/hr Specialist IV.............................................................................. $205.00/hr Specialist III.............................................................................. $195.00/hrSpecialist II............................................................................... $185.00/hrSpecialist I................................................................................ $175.00/hr Analyst V................................................................................... $165.00/hrAnalyst IV.................................................................................. $155.00/hrAnalyst III.................................................................................. $145.00/hrAnalyst II................................................................................... $i35.00/hrAnalyst I.................................................................................... $115.00/hrTechnician IV............................................................................ $105.00/hrTechnician III............................................................................ $95.00/hrTechnician II............................................................................. $85.00/hrTechnician I.............................................................................. $75.00/hr Project Coordinator II.............................................................. $165.00/hrProject Coordinator I............................................................... $135.00/hrMapping and Surveying Services UAS Pilot................................................................................... $180.00/hrSurvey Lead............................................................................. $310.00/hr Survey Manager....................................................................... $270.00/hrSurvey Crew Chief.................................................................... $205.00/hrSurvey Rod Person.................................................................. $155.00/hrSurvey Mapping Technician ................................................... $145.00/hrConstruction Management ServicesPrincipal Manager................................................................... $225.00/hr Senior Construction Manager................................................ $195.00/hrSenior Project Manager.......................................................... $190.00/hr Construction Manager............................................................ $190.00/hrProject Manager/Construction Management....................... $180.00/hrResident Engineer................................................................... $175.00/hr Construction Engineer............................................................. $180.00/hrOn-site Owner's Representative............................................. $165.00/hrPrevailing Wage Inspector...................................................... $165.00/hrConstruction Inspector............................................................$155.00/hr Administrator/Labor Compliance........................................... $130.00/hr DUDEK
Hydrogeology/HazWaste ServicesProject Director........................................................................ $350.00/hrPrincipal Hydrogeologist/Engineer III.................................... $330.00/hrPrincipal Hydrogeologist/Engineer 11..................................... $320.00/hrPrincipal Hydrogeologist/Engineer I...................................... $310.00/hr Senior HydrogeologistV/EngineerV...................................... $285.00/hr Senior Hydrogeologist IV/Engineer IV.................................... $275.00/hr Senior Hydrogeologist 111/Engineer 111.................................... $265.00/hr Senior Hydrogeologist 11/Engineer II...................................... $255.00/hr Senior Hydrogeologist 1/Engineer I........................................ $245.00/hr Project Hydrogeologist V/Engineer V..................................... $235.00/hr Project Hydrogeologist IV/Engineer IV................................... $225.00/hr Project Hydrogeologist 111/Engineer III................................... $215.00/hr Project Hydrogeologist 11/Engineer II..................................... $205.00/hr Project Hydrogeologist 1/Engineer I....................................... $195.00/hr Hydrogeologist/Engineering Assistant.................................. $150.00/hr HazMat Field Technician ........................................................ $140.00/hr District Management & OperationsDistrict General Manager....................................................... $225.00/hrDistrict Engineer...................................................................... $230.00/hr Operations Manager............................................................... $170.00/hr District Secretary/Accountant................................................ $155.00/hr Collections System Manager.................................................. $155.00/hrGrade V Operator.................................................................... $145.00/hrGrade IV Operator................................................................... $130.00/hrGrade III Operator.................................................................... $120.00/hrGrade 11 Operator..................................................................... $100.00/hr Grade I Operator...................................................................... $95.00/hrOperator in Training................................................................ $85.00/hrCollection Maintenance Worker............................................. $90.00/hr Project Delivery Services
Technology Specialist 11......................................................... $245.00/hr Technology Specialist I........................................................... $190.00/hrGIS Analyst V............................................................................ $220.00/hr GIS Analyst IV........................................................................... $200.00/hr GIS Analyst HI........................................................................... $185.00/hrGIS Analyst 11............................................................................ $U5.00/hrGIS Analyst I............................................................................. $130.00/hrCreative Services IV ................................................................ $190.00/hrCreative Services III................................................................. $165.00/hrCreative Services II.................................................................. $150.00/hrCreative Services I................................................................... $135.00/hr Technical Editor IV................................................................... $190.00/hr Technical Editor III................................................................... $165.00/hr Technical Editor II.................................................................... $155.00/hrTechnical Editor I..................................................................... $135.00/hr Publications Specialist IV........................................................ $140.00/hr Publications Specialist III........................................................ $130.00/hrPublications Specialist II......................................................... $120.00/hrPublications Specialist I.......................................................... $110.00/hr Clerical Administration............................................................ $100.00/hrExpert Witness - Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates.

Emergency and Holidays - Minimum charge of two hours will be billed at 1.75 times the normal rate.

Material and Outside Services - Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc.,are charged at 1.15 times the direct cost.

Travel Expenses - Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost
Invoices, Late Charges - All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay interest at a 10% annual rate for amounts unpaid greater than 30 days after the date of the invoice.

Annual Increases ~ Unless identified otherwise, these standard rates will increase in line with the CPW for the nearest urban area per the Department of Labor Statistics to where the work is being completed) or by 3% annually, whichever is higher.

Prevailing Wage - The rates listed above assume prevailing wage rates do not apply.

If this assumption is incorrect Dudek reserves the right to adjust its ratesaccordingly.

EFFECTIVE JANUARY 1, 2026
1021
1 PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made __26th__ day of _May___, 2026, by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY"), GARDEN GROVE SANITARY DISTRICT, a California special district, and Accenture Infrastructure and Capital Projects, LLC_ herein after referred to as “CONSULTANT”.

RECITALS
The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to Garden Grove Council/GGSD Board approval dated _May 26, 2026_

2. CITY/DISTRICT desire(s) to utilize the services of CONSULTANT to provide on-call construction management and inspection services listed in Attachment “A”.

3. CONSULTANT is qualified by virtue of experience, training, education and expertise to accomplish services.

4. CITY/DISTRICT shall hereinafter be referred to as “CITY.”

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

3. Compensation. CONSULTANT shall be compensated as follows:

Upon CITY approval of the proposal, compensation for the specific project will be 1022
2 defined and agreed upon in writing, either as a fixed fee, hourly rate, or other agreed-upon method.

3.5. TERMINATION. CITY and CONSULTANT shall have the right to terminate this agreement, without cause, by giving thirty (30) days written notice of termination.

If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed.

4. Insurance requirements

4.3. INSURANCE AMOUNTS. CONSULTANT shall maintain the following insurance for the duration of this Agreement:
a. Commercial general liability in an amount not less than $2,000,000.00 per occurrence (claims made and
modified occurrence policies are not acceptable);
Insurance companies must be acceptable to the CITY and
have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
1023
3 b. Automobile liability in an amount of $1,000,000.00 combined single limit (claims made and modified
occurrence policies are not acceptable); Insurance
companies must be acceptable to the CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
c. Professional liability in an amount not less than
$2,000,000.00. Insurance companies must be admitted and licensed in California and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY. If the policy is written on a “claims made” basis, the policy shall be
continued in full force and effect at all times during the term of the agreement, and for a period of three (3) years from the date of the completion of services provided. In the event of termination, cancellation, or material change in the policy, professional/CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of
professional/CONSULTANT during the course of performing services under the term of the agreement. The coverage
shall be evidenced either by a new policy evidencing no gap in coverage, or by obtaining separate extended “tail”
coverage with the present or new carrier.

If CONSULTANT maintains higher insurance limits than the minimums shown above, CONSULTANT shall provide coverage for the higher insurance limits otherwise maintained by the CONSULTANT.
1024
4 5. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONSULTANT in the event of any default or breach by CITY, or for any amount which may become due to CONSULTANT.

12. Conflict of Interest and Reporting. CONSULTANT shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.

Accenture Infrastructure and Capital Projects, LLC
300 Spectrum Center Drive, 14th Floor_________
Irvine, CA 92618__________________________
b. Address of CITY is as follows:

City Manager/General Manager
City of Garden Grove/GGSD
11222 Acacia Parkway
Garden Grove, CA 92840

15. Licenses, Permits, and Fees. At its sole expense, CONSULTANT shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement.

17. Time of Essence. Time is of the essence in the performance of this Agreement.

20. Indemnification. To the fullest extent permitted by law, CONSULTANT shall defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of CONSULTANT, CONSULTANT'S agents, officers, employees, sub-CONSULTANTs, or independent 1026
6 CONSULTANTs hired by CONSULTANT in the performance of the Agreement. The only exception to CONSULTANT'S responsibility to protect, defend, and hold harmless CITY, is due to the negligence, recklessness and/or wrongful conduct of CITY, or any of its elective or appointive boards, officers, agents, or employees.

23. Waiver. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the CITY and CONSULTANT.

25. Interpretation. This Agreement shall be interpreted as though prepared by both parties

26. Preservation of Agreement. Should any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable.
(Agreement Signature Block on Next Page)
1027
7 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.

Date: _____________ "CITY"

CITY OF GARDEN GROVE
By:___________________________
City Manager
Date: _____________ "DISTRICT"

GARDEN GROVE SANITARY DISTRICT
By:___________________________
General Manager
ATTESTED:
____________________________
City Clerk/Secretary
Date: _______________________
"CONSULTANT"
Accenture Infrastructure and Capital
Projects, LLC
By: _______________________________
Name: ____________________________
Title:______________________________
Date: _____________________________
Tax ID No. _________________________
CONSULTANT’s License: _______________
Expiration Date______________________
If CONSULTANT is a corporation, a Corporate
Resolution and/or Corporate Seal is required.

If a partnership, Statement of Partnership
must be submitted to CITY.

APPROVED AS TO FORM:
____________________________
City Attorney/General Counsel
________________________
Date
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City of Garden Grove | “On-Call” CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES | 15

APPROACH TO SCOPE OF WORK TASKS

INSPECTOR

ON SITE REPRESENTATIVE AND FIELD

LIAISON
Accenture I&CP will serve as the City’s/District’s
representative and primary field liaison by actively
coordinating with the Contractors throughout
all phases of construction, verifying that work
is performed in accordance with the contract
documents and City/District standards. Our role
includes providing on‑site inspection, facilitating
communication between City/District engineering
staff and the Contractors, verifying materials and
workmanship, coordinating testing and surveying
through the City’s/District’s consultants, and
monitoring daily progress to address issues promptly
and maintain project momentum. We will attend all
pre‑construction and weekly progress meetings and
will support the City/District by reviewing payment
requests, evaluating change orders, and verifying
full compliance with project requirements.

DAILY CONSTRUCTION INSPECTION
Accenture I&CP will provide qualified construction
inspection services whose experience spans civil,
structural, mechanical, electrical, and instrumentation and controls disciplines. Our team will verify that all work conforms to the Contract Documents, change
orders, and applicable regulations, with 24-hour
availability to support off-hours construction and
urgent issues.

Inspection services emphasize thorough
documentation, including photographs and verification
that materials, methods, and facilities comply with
contract intent, OSHA requirements, and all federal,
state, and local safety and trenching standards.

Our inspectors monitor daily construction activities
for compliance with Caltrans Standard Specifications,
City/District Standard Plans and Specifications, and
the Garden Grove Municipal Code. Our inspectors
remain on site whenever construction is underway
and provide continuous oversight of field operations,
sequencing, safety, and workmanship. Inspection
responsibilities, at a minimum, include:
» Verification of work against plans, specifications,
and applicable codes.
» Continuous monitoring of traffic control
according to the latest California MUTCD and
Work Area Traffic Control Handbook
Requirements
» Observation and coordination of water main
shutdowns and flushing, disinfection, and testing
of all water mains.
» Verification of contractor adherence to
environmental, water quality, and stormwater
protection requirements.

REVIEW CONTRACT DOCUMENTS AND

PLANS AND SPECIFICATIONS
Accenture’s team brings extensive hands‑on
experience interpreting and enforcing complex
contract documents, City/District Standard Plans,
and Caltrans Standard Specifications for municipal
water and wastewater infrastructure projects. Our
inspectors and construction managers begin each
assignment with a thorough review of the project’s
plans, technical specifications, special provisions, and applicable City/District standards to ensure absolute
clarity on construction requirements, material
standards, sequencing constraints, and regulatory
obligations.

Because our team has managed hundreds of miles
of pipeline, utility relocations, roadway restoration,
and facility improvements across Southern California,
we are already deeply familiar with the governing
standards commonly adopted by the City of Garden
Grove and other regional agencies. This expertise
allows us to quickly identify discrepancies, anticipate conflicts before they impact the field, and provide
informed guidance to the Contractor and City
staff. Our disciplined approach ensures that every
inspection, field decision, and recommendation is
grounded in a complete and current understanding of
the contract documents—supporting the City/District
in maintaining conformance, protecting project
quality, and upholding the integrity of the work.

EXISTING SITE CONDITIONS
Accenture I&CP begins every water and sewer
construction management and inspection
assignment with a thorough review of existing site and
field conditions, establish that our team understands
the physical environment, underground utility layout,
and any location‑specific constraints before work
begins. Our inspectors review approved plans, prior
as‑builts, GIS updates, and relevant water and sewer
inspection guidelines—including the City’s designated
points of contact for sewer, water, traffic control, and right‑of‑way issues—to verify that all existing facilities are accurately represented. We conduct detailed
preconstruction site walks to identify utilities, access limitations, service connection locations, traffic
impacts, surface improvements, and any features
requiring protection.

As incumbent inspectors for the City, our team
is already familiar with Garden Grove’s internal
procedures, documentation expectations, and
field protocols, which allows us to proactively
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City of Garden Grove | “On-Call” CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES | 16 recognize conditions that affect constructability and
sequencing. Throughout the project, we maintain
continuous situational awareness by monitoring site
changes, verifying existing utilities before excavation, and communicating any discrepancies to the City and
design team for timely resolution. This disciplined,
site‑focused process ensures accurate planning,
safe construction, and full alignment with the City’s
requirements for field awareness and professional
oversight.

REVIEW TRAFFIC CONTROL PLANS
Our team will thoroughly review all traffic control
plans and verify full compliance with the requirements
established by the City’s Traffic Engineer, the latest
California MUTCD, and the Work Area Traffic Control
Handbook (WATCH) standards. During construction,
we will actively monitor field conditions to verify that signage, lane closures, detours, pedestrian routes, and work‑zone protections are properly implemented and
maintained throughout the duration of the project.

For example, during a sewer main replacement along
a residential street, our inspector will verify that the contractor has properly installed advance‑warning
signs such as “Road Work Ahead,” “Lane Shift,” or
“Steel Plate Ahead” per MUTCD standards, and that
detour signs are positioned to maintain safe vehicle
circulation around open‑trench excavations. Similarly,
during a water main shutdown and tie‑in, we will
confirm that appropriate nighttime or off‑peak traffic
control measures—such as flaggers, channelizers,
and high‑visibility lighting—are in place to protect
both workers and the public. We also verify pedestrian
access is preserved around excavation pits, that
driveway impacts are safely managed, and that
temporary steel plates meet MUTCD loading and
skid‑resistance requirements when trenching crosses
traffic lanes.

INSPECTION REPORTS
Our inspectors prepare clear, comprehensive, and
fully compliant daily inspection reports that document
the contractor’s workforce, equipment, material
deliveries, construction activities, and any field
issues encountered throughout the day. Our team
meticulously records disputes, claims, or potential
delays and immediately elevates these items to the
City/District’s project engineer to ensure timely,
well‑informed resolution. All directions given to the
contractor, along with supporting field observations,
are captured in detail to maintain a defensible project record. Inspection reports are submitted weekly in
complete, legible format and organized for easy review
by City/District staff. In addition, we maintain a strict protocol for identifying and reporting unacceptable
work: any nonconforming workmanship, safety
hazard, or deviation from the contract documents
is promptly communicated to both the Contractor
and the City/District, with written documentation
and recommended corrective actions issued the
same day. This disciplined reporting and escalation
process ensures transparency, protects the City/
District’s interests, and supports efficient dispute
resolution while maintaining the highest standard of
construction quality.

MAINTAIN A TICKETS FOLDER
We will maintain a well‑organized tickets folder by
consistently cataloging all incident reports, service
requests, and task‑based work items as structured
“tickets,” verifying each entry is documented,
prioritized, and updated throughout its lifecycle.

Because tickets represent discrete, trackable units
of work—such as incidents, service requests, or
small operational tasks—this folder will serve as
the centralized repository where all associated
documentation, status updates, resolutions, and
attachments are stored for easy reference and
auditability. Our team will routinely review and update the folder to ensure accuracy, archive completed
tickets into clearly labeled subfolders, and maintain
a logical, scalable structure so that stakeholders can
quickly locate information, monitor progress, and
maintain transparency across support and project
workflows.

CONTRACT COMPLIANCE OVERSIGHT
Accenture I&CP deploys inspectors trained to interpret
and apply all governing documents, including the
Construction Contract Documents, City/District
Standard Plans and Specifications, Caltrans Standard
Specifications, and the Garden Grove Municipal Code.

Inspectors maintain an active field presence, verifying work against approved plans and documenting
observations through daily reports, photo logs, and
issue tracking.

With strong familiarity of the City/District’s procedures and standards, our team identifies deviations early,
provides clear corrective direction, and promptly
elevates issues to City/District engineering staff.

Through disciplined document control, field
verification, coordination of testing and survey
activities, and transparent communication, Accenture
I&CP maintains construction alignment with all
applicable requirements from start to finish.

PROGRESS PHOTOS
An electronic photo journal will document preconstruction conditions, construction progress, milestones, and completion, with optional video
documentation. Accenture I&CP will comply with the
City of Garden Grove’s requests for color photographs
printed on 4’’ x 6’’; stored on a minimum of 32 GB
microSD card or USB memory stick; and also provide
captions for each photo while describing orientation
and the reason why the photograph was taken.
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City of Garden Grove | “On-Call” CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES | 17

MONITOR UNSAFE CONDITIONS
Accenture I&CP will continuously monitor all project
work areas, as well as adjacent public spaces, for any
unsafe conditions that may arise during construction.

Our field staff will proactively observe site activities with specific attention to traffic control, pedestrian
safety, trench safety, and any hazards that could
impact workers or the community.

Consistent with our established construction oversight
responsibilities, we will promptly report all identified safety concerns to both the City/District and the
Contractor to facilitate immediate corrective action
and maintain compliance with all applicable safety
standards. In fulfilling this role, our team will maintain clear communication, thorough documentation, and
vigilant on‑site presence to uphold the City/District’s expectations for safety, accountability, and risk
mitigation.

STORMWATER POLLUTION

PREVENTION PLAN (SWPPP)
Accenture I&CP construction managers will
enforce the approved SWPPP to be distributed to
the contractor and City/District staff, check that
the project is loaded on the state database and
that the project complies with the approved Water
Quality Management Plan (WQMP). We will verify
to comply with all provisions of the Plan and/or
other requirements set forth in the specifications.

Accenture I&CP staff are well versed in National
Pollutant Discharge Elimination System (NPDES)
monitoring through the provision of dedicated
services for oversight of developers and contractors
on behalf of several public agencies. In addition, our
Qualified Stormwater Practitioners/Developers (QSP/
QSD) staff can prepare and execute the necessary
weekly reports as well as mandated pre, during and
post-storm reporting if requested.

COST EFFECTIVE PROJECT DELIVERY
Accenture I&CP performs all duties in a manner
that promotes cost‑effective execution by
combining disciplined field oversight with modern
project‑delivery tools and structured management
practices. Our inspectors and construction managers
rely on rigorous daily documentation, including
detailed inspection reports, photo journals, and
extra‑work verification, to prevent rework and avoid
unnecessary costs. We also use standardized tracking
systems for submittals, RFIs, working days, materials
testing, and change orders to maintain tight control
over project progress and financial exposure.

Additionally, our team integrates data‑driven project
controls, digital documentation workflows, and
AI‑enabled analysis to improve decision‑making
efficiency and reduce delays. This combination of
on‑site technical expertise, structured processes, and
digital tools ensures that work is executed efficiently, risks are minimized, and the City/District receives
consistent, cost‑conscious project delivery across all
water and sewer improvements.

MATERIALS AND WORKMANSHIP

APPROVAL
Accenture I&CP will verify that all materials and
workmanship meet contract requirements through
continuous inspection and field oversight. Our
inspectors remain onsite during active work,
confirming that contractor methods, materials,
and installations comply with approved plans,
specifications, and standards.

We review submittals and test results, monitor key field activities such as trenching, utility installation, and pavement restoration, and document observations
through daily reports, photographs, and compliance
checklists. When deviations occur, we notify the
contractor, require corrective action, and confirm
compliance before work proceeds. While final approval
rests with the Project Engineer and other authorities,
we serve as the City’s first line of quality assurance, independently verifying conformance and protecting
the integrity of its infrastructure investments.

COORDINATE AND PROVIDE

INSPECTION
Accenture I&CP will provide and coordinate
inspection services for all trades identified in the
contract documents, including any approved change
order work. Our inspectors review project plans,
specifications, and applicable City/District standards
to prepare for comprehensive, multi-discipline
oversight.

During construction, we maintain active field presence
to monitor civil, structural, mechanical, electrical,
utility, paving, traffic control, and restoration activities, documenting compliance through daily reports and
photo records. For change order items, we review the
revised scope, adjust inspection coverage as needed,
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City of Garden Grove | “On-Call” CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES | 18 and coordinate with City staff and contractors to
confirm all new or modified work is properly inspected
and documented.

COORDINATE COMPACTION AND

MATERIALS TESTING
Accenture I&CP will coordinate all compaction
and materials testing in close partnership with the
City’s/District’s geotechnical consultant, verifying
that every phase of earthwork and utility installation
complies with contract requirements and City
standards. Our inspectors begin by reviewing the
project’s geotechnical recommendations, testing
matrix, and contract specifications, then scheduling
all compaction and materials testing directly with the
City/District's designated consultant in advance of
field activities.

COORDINATE SURVEY REQUESTS
Accenture I&CP will coordinate all survey requests
directly with the City’s/District’s designated survey
consultant, verifying that survey activities are
properly scheduled, scoped, and documented to
support the project’s construction and inspection
needs. Upon identifying a survey requirement—
such as establishing construction control, staking
utility alignments, or verifying as‑built conditions—
our inspector or construction manager will prepare
a formal survey request detailing the survey type,
location, required deliverables, and timing. We will
transmit the request to the City/District's survey
consultant, confirm availability, and coordinate
access to the work zone, including any necessary
traffic control or utility clearances.

Accenture will then meet the survey crew onsite to
walk the limits of work, verify the desired control points, and ensure field conditions match expectations. Once
the survey work is completed, we will collect and
review deliverables (e.g., cut sheets, staking notes,
as‑built sketches) and incorporate them into project
documentation to maintain accuracy, traceability,
and conformance with the contract documents.

This structured approach ensures that survey work
is aligned with project needs and supports the City/
District’s expectations for precise, reliable field
verification.

COORDINATE AND OVERSEE

SHUTDOWNS, FLUSHING,

DISINFECTION, AND TESTING
Accenture I&CP will coordinate all water main
shutdowns and oversee flushing, disinfection, and
testing in alignment with City/District procedures
and regulatory requirements. Prior to scheduling a
shutdown, we will verify that all required materials
and submittals have been reviewed and approved by
the City’s Water Division. We will notify the designated water inspector at least one week in advance to
coordinate system impacts and laboratory sampling.

During the shutdown, our inspectors will confirm
the system is safely isolated, adjacent services
are protected, and required communications are
completed. We will oversee flushing and chlorination,
verifying chlorine concentrations, contact times, and
residual levels comply with NSF and AWWA standards
and City requirements. Following disinfection, we
will coordinate bacteriological sampling, track
laboratory results, and hold the system out of service
until passing results are received. All activities will be fully documented in the daily inspection report
to maintain traceability and compliance with City/
District requirements.

CONTRACTOR’S DAILY EXTRA WORK

REPORTS VERIFICATION
Accenture I&CP’s inspectors will review and sign
the Contractor’s daily extra work reports using a
structured, evidence based process that verifies all
force account work is accurate and compliant with
City or District requirements. Each day, inspectors
confirm reported labor, equipment, and material
quantities against field observations, validating crew
sizes, equipment hours, deliveries, and completed
tasks.

Any discrepancies are addressed with the Contractor
before signature. Once verified, the inspector signs
the report and submits it to the City or District as part of the documentation process. This approach supports
transparent, well documented force account tracking
for future change order evaluation in accordance with
Garden Grove’s CM and I scope of services.

CONTRACT CHANGE ORDER

ASSISTANCE AND DOCUMENTATION
Accenture I&CP will support the City/District through
a structured and fully documented change order
review and negotiation process. Upon receipt of a
change order request, our Construction Manager will
log the request, review supporting documentation,
verify quantities and cost impacts, and evaluate
entitlement under the contract documents.

We will coordinate discussions with the Contractor
and City/District to clarify scope, assess schedule
impacts, and evaluate cost effective options. Acting as a neutral, fact driven facilitator, Accenture will provide documented findings, cost analyses, and negotiation
recommendations to the Project Engineer, who
retains final approval authority.

Our role is to provide accurate information and well
supported recommendations so the City/District can
make timely, informed decisions while maintaining
productive contractor relationships.
1032
City of Garden Grove | “On-Call” CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES | 19 REVIEW CONTRACTOR’S PAYMENT

REQUESTS AND WORK PROGRESS
Accenture I&CP will review the Contractor’s payment
requests and verify completed quantities through
a structured, evidence based process that confirms
accuracy, fairness, and compliance with the contract
documents. Our Construction Manager and inspectors
compare each request against daily inspection
reports, delivery tickets, field measurements, verified quantities, and documented progress, including extra
work and change order tracking.

After confirming quantities and compliance,
Accenture prepares a progress payment assessment
summarizing earned work, adjustments, withheld
items, and recommended payment amounts.

We review this information with the City/District’s
Project Engineer, who retains final approval authority, providing clear documentation to support each line
item.

Through this disciplined process, Accenture
safeguards the City/District’s financial interests while maintaining transparency and accountability in
Contractor progress payments.

PRE-CONSTRUCTION MEETINGS AND

WEEKLY CONSTRUCTION PROGRESS

MEETINGS
Accenture I&CP will support the City/District by
leading preconstruction meetings that establish
communication protocols, define technical and
administrative requirements, review safety and site
logistics, confirm submittals and scheduling, and
coordinate field issues such as utilities, traffic, and Cityspecific expectations. Our multidisciplinary team will attend fully prepared project documentation, guide
discussions to drive decisions, ensure compliance
with City standards, and maintain alignment with
municipal departments. We will also manage publicfacing coordination, document all action items and decisions, and distribute thorough meeting minutes to
uphold transparency, consistency, and accountability
throughout the project. Weekly meetings will address
progress, schedule, two-week lookaheads, safety,
WPCP compliance, and issue resolution. Accenture
I&CP will prepare agendas, maintain action logs,
and distribute meeting minutes. Daily check-ins will
supplement formal meetings. Business coordination
will include weekly outreach, 72-hour access
notifications, mitigation planning, and centralized
documentation of concerns.

WRITTEN INSTRUCTIONS TO

CONTRACTOR
Accenture I&CP’s inspectors will issue clear, contract
compliant written instructions to the Contractor for
routine matters such as sequencing, safety, access
coordination, traffic control, and quality requirements.

All instructions will be logged, dated, and referenced
to the applicable specifications or plan sheets to
maintain traceability and support documentation
needs.

When immediate field action is required, inspectors
will provide verbal direction to the Contractor’s
superintendent, followed by written confirmation
to maintain an auditable record. Accenture
operates under the authority of the City/District’s
Project Engineer, whose direction governs design
interpretation and contract intent. Through disciplined communication and thorough documentation,
Accenture protects the City/District’s interests and
maintains alignment with contract requirements.

PRE-FINAL INSPECTION AND PUNCH
LIST
Accenture I&CP will conduct a comprehensive prefinal
inspection at project completion to verify compliance
with the contract documents, applicable codes, City/
District standards, and approved change order work.

Inspectors will review the full project alignment,
including utilities, surface restoration, traffic control, paving, appurtenances, and related components.

Deficiencies will be documented in a written punch list with locations, photographs, and required corrective
actions, and issued to the Contractor and City/District.

After the Contractor addresses the punch list items,
Accenture I&CP will perform a final inspection
to confirm corrective work meets City/District
1033
City of Garden Grove | “On-Call” CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES | 20 expectations. If the project is complete with no
outstanding deficiencies, we will provide a written
recommendation for formal acceptance, summarizing
inspection results, corrective actions, warranty
obligations, and as built status.

VERIFY AS-BUILT PLANS
Accenture I&CP will verify the Contractor’s progress
on as built plan preparation monthly as part of routine construction administration. Our Construction
Manager and inspectors will compare red line drawings
against field conditions, daily reports, approved RFIs, change orders, survey data, and testing records to
confirm design revisions and field modifications are
accurately documented.

Discrepancies or omissions will be communicated to
the Contractor for correction, with follow up verification performed to confirm resolution. Accenture I&CP
will maintain version control and track as built status during monthly coordination meetings. Once verified,
we will submit organized hard copy and electronic red
line drawings to the City/District’s Project Engineer to support record drawings, project closeout, and long
term asset management.

CONFIRM THE REESTABLISHMENT OF

SURVEY MONUMENTS
Accenture I&CP will confirm the reestablishment of
all survey monuments impacted by construction
activities in full compliance with Senate Bill 1563,
verifying that all boundary and control monuments
are properly preserved, referenced, and restored in
accordance with legal requirements. Our inspection
staff will track survey monument preservation and
replacement throughout the course of the work,
verify that the Contractor’s monumentation activities
meet statutory obligations, and document all survey
monument reestablishment as required by the City.

CONSTRUCTION MANAGER

PRECONSTRUCTION MEETINGS AND

MEETING MINUTES
Accenture I&CP will prepare and conduct the
preconstruction meeting following a comprehensive
review of the contract documents, technical
specifications, permits, utility requirements, and
City/District standards. Our Construction Manager
will develop a structured agenda addressing safety
protocols, communication procedures, document
control processes, submittal and RFI workflows, traffic control requirements, schedule milestones, and roles
and responsibilities.

During the meeting, our Construction Manager
will confirm administrative procedures, reporting
expectations, working day tracking, and coordination
protocols among the Contractor, City/District staff,
and design consultants. Detailed meeting minutes
summarizing decisions, action items, assigned
responsibilities, and follow up requirements will be
distributed to all stakeholders and uploaded to the
City/District’s designated system.

PREPARE PROJECT

CORRESPONDENCE LOG
Accenture I&CP will maintain a comprehensive
Project Correspondence Log organized under the
required categories: Contractor, General, Inspection,
Reports, Materials, Survey, Working Days, and Finance.

The log will document incoming and outgoing
communications, reference related contract sections
when applicable, and track response deadlines and
status.

This struct
ured log supports traceability, coordination, and
documentation of project activities, and will be
updated regularly and shared with the City/District
to maintain visibility of project communications and
contract administration.

WEEKLY STATEMENT OF WORKING
DAYS
Our Construction Manager will document daily
construction activities, weather conditions, staffing
levels, delays, and production impacts through daily
inspection reports. Based on this documentation,
Accenture I&CP will prepare a formal Weekly Statement
of Working Days identifying working days charged,
non working days, excusable or compensable delays,
time extensions, and remaining contract time.

The statement will be submitted weekly to both the
Contractor and City/District, providing a clear record
of contract time usage and supporting accurate
schedule management.

COORDINATE CONSTRUCTION ISSUES
Accenture I&CP will maintain proactive communication
with City/District staff, design consultants, and the
Contractor to identify and resolve construction
conflicts, technical questions, and coordination
issues. Submittals and RFIs will be logged upon
receipt, reviewed for completeness, and routed to
the appropriate reviewer when specialized expertise
is required.

Our Construction Manager will track each item
through resolution, document responses, and
communicate decisions promptly to prevent delays
and maintain project momentum.

PROGRESS MEETINGS
1034
City of Garden Grove | “On-Call” CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES | 21 Accenture I&CP will conduct weekly or bi weekly
construction progress meetings, adjusting frequency
as needed based on project complexity and field
conditions. Meetings will address schedule status,
critical path activities, safety performance, quality
observations, pending submittals and RFIs, change
order status, and upcoming work.

Meeting minutes prepared by our Construction
Manager will document key discussions,
commitments, and action items, providing a formal
record for the City/District and Contractor.

SUBMITTALS AND SHOP DRAWINGS
All Contractor submittals and shop drawings will be
received, logged, and reviewed for compliance with
the contract documents, City/District standards,
and applicable specifications. Each submittal will be
tracked through the review cycle with clear status
identification and response deadlines.

If a submittal falls outside the Construction Manager’s discipline, Accenture I&CP will coordinate review by
the design consultant at the City/District’s direction, and our Construction Manager will track the item
through final disposition.

DOCUMENT TRACKING SYSTEM
Accenture I&CP will maintain a digital document
tracking system covering submittals, RFIs, field
orders, change orders, claims, inspection reports,
and test reports. Each document will be assigned a
unique identifier, logged by date received, routed to
the appropriate reviewer, and tracked to closure.

This system provides transparency, supports audit
readiness, and allows the City/District to monitor status and outstanding items throughout construction.

PROGRESS SCHEDULES
Our Construction Managers will review baseline and
updated progress schedules on a continuous basis,
comparing planned versus actual performance and
evaluating critical path impacts. Accenture I&CP will
provide the City/District with written assessments
identifying delays, sequencing issues, and potential
risks, along with practical recommendations to
improve schedule adherence.

PROJECT CLOSEOUT
Accenture I&CP will perform comprehensive project
closeout services, beginning with confirmation of
punch list completion and verification of final field
corrections. Our Construction Managers will organize
and reconcile inspection reports, test results, material certifications, RFIs, submittals, change orders, working day records, and financial documentation.

A complete and organized closeout package will be
assembled and submitted to the City/District for review and approval, providing a clear and retrievable project record to support long term asset management.
1035
accenture
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'On-Call" CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR VARIOUS WATER AND

SEWER IMPROVEMENTS PROJECTS
"Not t^Exceed"J-lpurl^Labor Rates
Position
Principal
Technical Expert
Senior Construction Manager
Construction Manager
Inspector (Prevailing Wage)Inspector (Non-Prevailing Wage) Admin
Labor Compliance Manager
NOTES:

Premium Time for Inspectors - Overtime for
and 200% of base rate for any double time,
$240
$240
$225
$200$195
$180
$110$125
inspection staff will be 150%
holidays and Sunday work.
$247
$247
$232
$206$201
$185
$113$129
of base
$255
$255$239
$212
$207$191
$117$133
rate for any Overtime
$262
$262$246
$219
$213$197
$120
$137
and Saturday work
1036
1 PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made __26th__ day of _May___, 2026, by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY"), GARDEN GROVE SANITARY DISTRICT, a California special district, and West Yost & Associates, Inc. herein after referred to as “CONSULTANT”.

RECITALS
The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to Garden Grove Council/GGSD Board approval dated _May 26, 2026_

2. CITY/DISTRICT desire(s) to utilize the services of CONSULTANT to provide on-call construction management and inspection services listed in Attachment “A”.

3. CONSULTANT is qualified by virtue of experience, training, education and expertise to accomplish services.

4. CITY/DISTRICT shall hereinafter be referred to as “CITY.”

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

3. Compensation. CONSULTANT shall be compensated as follows:

Upon CITY approval of the proposal, compensation for the specific project will be 1037
2 defined and agreed upon in writing, either as a fixed fee, hourly rate, or other agreed-upon method.

3.5. TERMINATION. CITY and CONSULTANT shall have the right to terminate this agreement, without cause, by giving thirty (30) days written notice of termination.

If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed.

4. Insurance requirements

4.3. INSURANCE AMOUNTS. CONSULTANT shall maintain the following insurance for the duration of this Agreement:
a. Commercial general liability in an amount not less than $2,000,000.00 per occurrence (claims made and
modified occurrence policies are not acceptable);
Insurance companies must be acceptable to the CITY and
have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
1038
3 b. Automobile liability in an amount of $1,000,000.00 combined single limit (claims made and modified
occurrence policies are not acceptable); Insurance
companies must be acceptable to the CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
c. Professional liability in an amount not less than
$2,000,000.00. Insurance companies must be admitted and licensed in California and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY. If the policy is written on a “claims made” basis, the policy shall be
continued in full force and effect at all times during the term of the agreement, and for a period of three (3) years from the date of the completion of services provided. In the event of termination, cancellation, or material change in the policy, professional/CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of
professional/CONSULTANT during the course of performing services under the term of the agreement. The coverage
shall be evidenced either by a new policy evidencing no gap in coverage, or by obtaining separate extended “tail”
coverage with the present or new carrier.

If CONSULTANT maintains higher insurance limits than the minimums shown above, CONSULTANT shall provide coverage for the higher insurance limits otherwise maintained by the CONSULTANT.
1039
4 5. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONSULTANT in the event of any default or breach by CITY, or for any amount which may become due to CONSULTANT.

12. Conflict of Interest and Reporting. CONSULTANT shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.

West Yost & Associates, Inc.
25 Edelman, Suite 120
Irvine, CA 92618
b. Address of CITY is as follows:

City Manager/General Manager
City of Garden Grove/GGSD
11222 Acacia Parkway
Garden Grove, CA 92840

15. Licenses, Permits, and Fees. At its sole expense, CONSULTANT shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement.

17. Time of Essence. Time is of the essence in the performance of this Agreement.

20. Indemnification. To the fullest extent permitted by law, CONSULTANT shall defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of CONSULTANT, CONSULTANT'S agents, officers, employees, sub-CONSULTANTs, or independent 1041
6 CONSULTANTs hired by CONSULTANT in the performance of the Agreement. The only exception to CONSULTANT'S responsibility to protect, defend, and hold harmless CITY, is due to the negligence, recklessness and/or wrongful conduct of CITY, or any of its elective or appointive boards, officers, agents, or employees.

23. Waiver. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the CITY and CONSULTANT.

25. Interpretation. This Agreement shall be interpreted as though prepared by both parties

26. Preservation of Agreement. Should any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable.
(Agreement Signature Block on Next Page)
1042
7 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.

Date: _____________ "CITY"

CITY OF GARDEN GROVE
By:___________________________
City Manager
Date: _____________ "DISTRICT"

By: _______________________________
Name: ____________________________
Title:______________________________
Date: _____________________________
Tax ID No. _________________________
CONSULTANT’s License: _______________
Expiration Date______________________
If CONSULTANT is a corporation, a Corporate
Resolution and/or Corporate Seal is required.

If a partnership, Statement of Partnership
must be submitted to CITY.

APPROVED AS TO FORM:
____________________________
City Attorney/General Counsel
________________________
Date
1043
City of Garden Grove | On-Call Construction Management and Inspection Services for Various Water and Sewer Improvements Projects | February 25, 2026 16 West Yost's construction management approach to
company commitment is to assign the personnel
acceptable to the City for the entire duration of the
project. We have included additional CM and inspection
staff members in the org chart for resiliency in the event of being assigned overlapping projects and/or for support for vacation or sick leave coverage.

We understand that effective construction management
is not simply oversight. It is leadership, coordination, anticipation, and protection of the Owner’s interests
from preconstruction through final acceptance with
consistency and transparency. Our approach to on-call
Construction Management and Inspection services
for the City of Garden Grove is grounded in the same
principles that have guided our successful programs for Modesto, Sacramento, and Folsom. These principles
include proactive risk management, disciplined
documentation, firm but fair contract enforcement, and
strong collaboration with all stakeholders.

We recognize that Garden Grove’s capital improvement
and development projects will vary in complexity,
duration, and staffing needs. Workload may fluctuate
from short-term inspection assignments to multi-month,
high-visibility utility and facility projects. Our team is structured to respond immediately to these changing
demands while maintaining continuity of personnel so
that projects do not suffer from inconsistent oversight.

Safety is central to our approach. While the Contractor remains responsible for jobsite safety, we embrace the
concept of a multi-employer work site where everyone
has a role in preventing incidents. Our staff will observe work practices, identify unsafe conditions, and document concerns. We are proud of our exemplary safety record
and expect the same commitment from contractors
working on City projects.

Above all, our commitment is simple. No surprises.

Through early identification of risk, thorough preparation, and clear communication, we help ensure projects are
delivered safely, on schedule, within budget, and in
compliance with the contract documents.

Construction Inspection Services
West Yost inspectors will serve as the City and District’s on-site representative and primary field liaison with the Contractor. In this role, we act as the Owner’s advocate, verifying compliance with the contract documents while
facilitating efficient progress of the work.

Our inspection services begin with a thorough
understanding of the project. Inspectors will review the plans, specifications, standard details, and site conditions prior to the start of construction. We do not wait for
issues to arise. We actively anticipate potential conflicts such as utility crossings, shutdown constraints, trenchless installation risks, traffic control challenges, and public interface impacts.

Daily inspection will include observation of all work
performed under the contract and approved change
orders. This includes verification of pipeline installation, both open cut and trenchless, manhole construction and
rehabilitation, valve and hydrant installations, service reconnections, cathodic protection systems, structural
rehabilitation, and facility improvements. For water
projects, special attention will be given to shutdown
sequencing, tie-ins, flushing, disinfection, pressure
testing, and coordination with Operations staff. For sewer projects, inspection will include trench safety awareness, shoring systems, compaction verification, mandrel
testing, CCTV review, and surface restoration.

Our inspectors will prepare detailed daily reports
documenting labor, equipment, quantities installed,
field conditions, test results, and any disputes or
concerns. We believe documentation resolves issues
before they become claims. Photographs will be taken
before construction, during critical operations, and upon completion. Each image will be captioned and archived to create a comprehensive visual record of the project.

Traffic control compliance will be actively monitored.

We understand that construction in active roadways and
neighborhoods requires strict enforcement of approved
Traffic Control Plans and adherence to MUTCD standards.

We will verify signage, taper lengths, buffer zones, and flagging procedures. If unsafe conditions are observed, we act immediately.

Stormwater compliance will also be monitored in
accordance with the project’s SWPPP. Inspectors will
verify that best management practices are installed
and maintained, particularly during rain events. Any
deficiencies will be documented and brought to the
Contractor’s attention for prompt correction.

Materials testing and special inspections will be
coordinated with the City’s geotechnical consultant.

We will track compaction locations and test results
to confirm full coverage and compliance. Failed tests
will be addressed immediately, with rework verified
before progression. We also coordinate survey requests, monument preservation and reestablishment, and
confirm compliance with applicable regulations.

Force account work will be verified daily. Extra work
tickets will be reviewed for accuracy in labor, equipment, and materials prior to signature. Payment applications
will be carefully reviewed to confirm installed quantities, stored materials, and percent completion. We understand that progress payments reflect public funds and require diligent verification.

SECTION 6 COMPANY COMMITMENT
1044
City of Garden Grove | On-Call Construction Management and Inspection Services for Various Water and Sewer Improvements Projects | February 25, 2026 17 Prior to project completion, we will conduct pre-final inspections, prepare detailed punch lists, and verify
completion of corrective work. As-built drawings will be reviewed monthly to ensure accuracy and completeness
prior to final acceptance.

Start-Up, Commissioning, and SCADA
Programming & Integration
The key to successful delivery of any project that includes electrical and equipment upgrades with instrumentation, and SCADA implementation requires early planning, well
before completion of civil, structural, and mechanical
infrastructure. To achieve this, our CM&I team
coordinates with our OTCR team at the onset of projects to establish start-up and commissioning expectations
with the project team. This process includes meeting
with the Contractor to review critical path electrical, instrumentation, and controls (EI&C) submittals and RFIs to prioritize long lead items and minimize resubmittals to the extent possible. The CM team also ensures that
the Owner’s operations and maintenance (O&M) staff is
included in the start-up and commissioning discussions, factory acceptance and site testing phases, and
Contractor led training sessions for a smooth transition from substantial completion to beneficial use. Please see Section 7 for further details regarding our start-up and commissioning approach.

Construction Management Services
When assigned as Construction Manager or Resident
Engineer, West Yost will provide structured leadership
and contract administration support to the City. Our
process begins with a comprehensive
preconstruction meeting.

At this meeting, we establish expectations for submittal procedures, RFI protocols, working day tracking,
change management, shutdown coordination, and
communication pathways. Early clarity prevents
downstream conflict.

The CM Administrator will implement a structured
document control system that tracks submittals, RFIs,
potential change orders, field directives, correspondence, inspection reports, and test results. Submittals are logged and reviewed promptly. If review by the design consultant is required, we track response times to prevent schedule impacts. RFIs are processed systematically, and when
scope or cost implications arise, we initiate a Potential Change Order log entry to ensure formal tracking.

Change management is handled with discipline and
fairness. We evaluate entitlement first, then cost
and schedule impact. Negotiations are conducted
collaboratively but firmly, with the goal of achieving
equitable pricing while protecting the City’s interests. We prepare and process formal Change Orders in accordance
with City procedures.Schedule management includes
review of the Contractor’s baseline CPM schedule and
monthly updates. We track working days, document
delays, and request recovery schedules when progress
slips. Our philosophy is to address schedule concerns
early, before delay becomes claim.

Weekly or biweekly progress meetings are conducted
to maintain alignment among the City, Contractor, and
design consultant. Open items are tracked through
resolution. Communication remains proactive,
transparent, and solution-oriented.

During startup and commissioning of pump stations,
reservoirs, SCADA systems, and treatment facilities, we coordinate closely with Operations staff to ensure a
smooth transition from construction to active service.

Testing plans are reviewed, witnessed, and documented.

We verify that operations and maintenance manuals and
training requirements are satisfied before
final acceptance.

Project closeout includes confirmation of warranties,
lien releases, stop notice resolution, final testing
documentation, and organized turnover of
project records.

Specialized Utility and Facility Expertise
Garden Grove’s program includes water mains, sewer
mains, reservoirs, booster pump stations, wells,
SCADA improvements, and development-related utility
installations. West Yost brings deep experience in all of these areas.

For pipeline projects, we provide expertise in largediameter installations, trenchless construction, cured-inplace pipe rehabilitation, deep excavations, groundwater management, and public interface coordination. For
reservoir and facility rehabilitation projects, we oversee coatings, structural retrofits, fall protection systems, cathodic protection, and electrical upgrades.

For pump stations and wells, we inspect mechanical
systems, verify variable frequency drive installation,
witness startup, and coordinate SCADA integration.

For SCADA modernization projects, we oversee panel
retrofits, instrumentation installation, PLC programming coordination, and system testing.

Development projects require particular attention to
detail and responsiveness. We provide inspection of
water services, fire services, sewer laterals, cleanouts, hydrant relocations, and manhole modifications to ensure compliance with City standards.

Quality Assurance and Team Continuity
Our CM and inspection philosophy is built around several key principles:
• Be the most knowledgeable participant on the
project.
1045
City of Garden Grove | On-Call Construction Management and Inspection Services for Various Water and Sewer Improvements Projects | February 25, 2026 18 • Think ahead to identify risk before it impacts cost or schedule.
• Be firm but fair in enforcing the contract.
• Escalate issues promptly so the field team can
keep building.
• Document thoroughly because documentation
resolves disputes.
• Recognize that the project is not complete until
all closeout activities are finalized.

Each project will have a primary assigned inspector and a designated alternate to ensure continuity. The City will not experience monthly staff rotation. We understand
that relationships and familiarity with project details are critical to success.

Exceptions and Clarifications
West Yost will perform services consistent with the
professional standard of care. The Contractor retains
responsibility for site safety, means and methods, and
regulatory compliance. Design changes will not be made
without written authorization. Geotechnical testing
and survey services are assumed to be provided by City
consultants unless separately authorized.

This $28 million recycled water pipeline project was constructed to convey Title 22 recycled wastewater from the City of Turlock’s outfall location at the San Joaquin River to the City of Modesto’s effluent pump station location about 7 miles away. 1046
City of Garden Grove | On-Call Construction Management and Inspection Services for Various Water and Sewer Improvements Projects | February 25, 2026 19 Typical Detailed Scope of Services
Below is our project management approach and typical
detailed scope of services to provide CM&I services for the types of projects listed in the RFP. The scope is broken down into phases of a construction contract, followed by the lists of tasks, and detailed descriptions, methods, and techniques to perform the tasks in each phase. As we are given on-call assignments, this scope will be
adjusted accordingly.

PRECONSTRUCTION PHASE
Preconstruction Conference/NTP: The CM will prepare the agenda, conduct the meeting, and prepare the meeting
summary for the preconstruction conference. Open items
will be carried over to the first Progress Meeting. The City will prepare the construction contract NTP and issue it to the GC.

Deliverable: Prepare the Preconstruction Conference
agenda and meeting minutes.

Preconstruction Photograph and Video Documentation:

The CM and Construction Inspector (CI) will walk the
project site and/or alignment with the GC during the
preconstruction period to photograph and video the
existing conditions prior to the start of the construction work. In addition, the resident inspector will monitor and catalog the GC’s video surveys prior to installation of new water services on private property as described in Special Provisions Section 5-1.07.

Deliverable: Photographs and video recordings of the
existing conditions of properties along the routing of
the pipeline including private property fences, irrigation systems, utility poles, roadway conditions, and other
visible infrastructure.

ENVIRONMENTAL & PERMITTING
Permit/Environmental Compliance: West Yost will oversee and monitor the proper administration of the storm water pollution prevention plan (SWPPP). Preparation and
transmittal of the pre- and post-event inspection reports prepared by the GC’s Qualified SWPPP Practitioner (QSP) will be tracked by the CM team. These reports and any
revisions needed to the SWPPP will be confirmed by West Yost and will be retained in the field SWPPP files. Any other environmental documentation (i.e., CEQA, mitigation measures, etc.) made available by the City will be reviewed and enforced.

Deliverable: Update the permit tracking log, responses
to the SWPPP reviews, and inspection reports needed to
comply with individual permit requirements.

CONSTRUCTION PHASE
Site Safety: West Yost will provide safety-related
equipment to its project staff. We will conduct biweekly safety meetings with our field staff and report any
incidents to the City. We will monitor the safety program and practices of the GC to confirm they are providing
a safe work site for our staff members and those of
the City. Safety will be the first item on our standing progress meeting agenda. If unsafe acts or potentially
unsafe situations are found during inspections or general observations of the work, we will immediately notify the GC to act. Any incidents that occur will be followed up on with the GC after receipt of their incident report. The report will be shared with the City.

Deliverable: Summary of biweekly safety tailgate
meetings and any incident report generated by the GC or the CM.

Correspondence/Document Control: West Yost will
be the point of contact for all matters related to the
administration of the construction contract with the
GC selected for the project. All incoming and outgoing
correspondence related to the project will be through
the West Yost CM. This includes maintaining the project records in the web-based DCS, Procore, provided
by West Yost.

Deliverable: Preparation of all outgoing correspondence such as letters, memos, submittal reviews, RFI responses, RFPs, change orders, progress payments, etc. that are
generated within the web-based DCS.

Traffic Control Plans: The CM, Inspector, the City, and the Design Engineer will review the traffic control
plans submitted by the GC to confirm the adequacy of
compliance with the contract requirements. We will
contact the local authorities to confirm that their concerns have been addressed.

Deliverables: Review comments for each of the traffic
control plans submitted by the GC.

Requests for Information (RFIs): The CM team will receive all RFIs generated and issued by the construction GC and will be initially reviewed by West Yost then forwarded
to the design consultant. Responses by the design
consultant will be reviewed for completeness and, if found satisfactory, returned to the GC.

SECTION 7 PROJECT MANAGEMENT
1047
City of Garden Grove | On-Call Construction Management and Inspection Services for Various Water and Sewer Improvements Projects | February 25, 2026 20 If the response appears to have changed the contract scope, quality, or time, a potential change order (PCO) number will be assigned and used to track its resolution to closeout. Logs will be generated and discussed during the weekly change order meetings.

Deliverable: Make final edits to the response which may include information on forthcoming change orders or
field directives and update the RFI log weekly.

Submittals: The CM team will receive all shop drawings, product data, certifications, work plans, schedules,
etc. typically required of construction contracts and
confirm that they are uploaded in the DCS by the GC.

The submittals that are related to the design shall be
forwarded to the City for review and comment. We will
input the review comments into the DCS and formally
return the submittal to the GC. Logs will be maintained showing submittals in for review, submittals that have been returned with Amend and Resubmit status, and submittals not yet transmitted by the GC. Construction-related
submittals such as work plans, safety plans, SWPPPs,
shoring plans, etc. will be reviewed with the submittal and comments transmitted to the City for their records.

Deliverable: Collate the review comments received by the design engineer and/or plant O&M staff and return to
the GC. Prepare logs of current submittals in review and submittals needing to be resubmitted.

Monthly Status Reports: We will prepare monthly status
reports to communicate to the City, and outside agencies (if necessary) the progress of the work. The reporting will predominantly be through job site photos and captions.

Additional information will include project issues and
tracking of special or contentious items. The monthly
report will include information on schedule adherence,
cost management, project issues, and the status of the CM contract.

Deliverable: Prepare and issue monthly status reports
and present during monthly construction meetings.

TIME MANAGEMENT
Preconstruction Scheduling Meeting: The CM team will
arrange and conduct the Preconstruction Scheduling
Meeting defined in the contract specifications. The
meeting agenda and the meeting summary will be
prepared by West Yost.

Deliverable: Prepare and issue the meeting agenda and
meeting summary.

Schedule Management: We will arrange and conduct the
preconstruction scheduling meeting and review the GC’s
baseline CPM schedule and monthly updates to confirm
that the schedule meets the contract requirements and is updated each month with correct progress, adjustments,
changes, and summaries. If there are challenges/delays
in obtaining an acceptable schedule from the GC, West
Yost will recommend an appropriately valued withhold
to subsequent progress payments to motivate the GC to
corrective action. If the schedule appears to be slipping, a Recovery Schedule will be requested from the GC and the responsible party will be determined. Our scope includes the issuance of the Weekly Statement of Contract Time
report that identifies the conditions of each day’s work, weather, and other impacts beyond the control of the GC and any time extensions that were authorized in a change order or resulting from weather impacts.

Deliverable: Prepare and issue the Weekly Statement of
Contract Time. Prepare and issue the review comments
to the preliminary schedule, baseline schedule, and the monthly schedule updates.

COST MANAGEMENT
Progress Payments: The CM and CI will review the updated Monthly Progress Payments, compare the amounts
identified by the GC, and either accept the amount
requested or negotiate a different amount. A summary
document will be prepared and signed off by the West Yost CM and the GC certifying the amount due. The progress
payment request will be transmitted to the City for
approval, processing, and payment.

Deliverable: Review and approve the GC’s monthly
progress payments, CM sign off, and submittal to the
City for continued processing, perform labor compliance interviews, confirm receipt of GC’s certified payroll
reports, and provide Bid Item Payment Sheets.

As-Built Record Drawings: Each month as part of the
progress payment approval process, we will review the
GC’s record set of as-built drawings and specifications.

Notations such as RFI responses, clarifications, and change orders will be checked. The progress payments may be
withheld until the record drawings are maintained to an acceptable level. At project closeout, the GC will transmit their as-built record drawings to West Yost. West Yost
will review these updated plans and compare them with
our version of the as-built conditions. If found to be
acceptable, the West Yost CM will formally transmit those documents to the designer for incorporation into the final CAD drawing files.

Deliverable: Weekly updates to the CM’s as-built/
conformed set of record drawings and specifications and transmittal of the CM’s and GC’s as-built record drawings to the design engineer at the conclusion
of the project.
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City of Garden Grove | On-Call Construction Management and Inspection Services for Various Water and Sewer Improvements Projects | February 25, 2026 21 Labor Compliance: West Yost will confirm receipt of the monthly certified payroll reports (CPRs) submitted by the GC and perform spot checks of the GC’s CPRs to confirm
general accuracy and completeness. We will register the CM services portion of the contract on the California
Department of Industrial Relations (DIR) website and will upload our certified payroll records for the prevailing wage inspection positions. We will also monitor the GC’s compliance with uploading their CPRs to the DIR website.

Deliverable: Monthly craft labor interviews, and a
document that confirms receipt of the CPRs by the City for Progress Payment processing.

Change Orders: We will create and maintain a PCO log that will be used to track project issues and known changes
that have been identified by the GC through RFIs and/
or Change Order Requests and by City-initiated changes.

Management of the individual PCO will involve preparing a rough order-of-magnitude cost estimate and reviewing/ estimating potential time impacts. Each item will be
reviewed with the City to obtain their concurrence that the item is valid. If the work is necessary, negotiations will attempt to obtain a fair price for the work. If a fair price cannot be reached, or there is no time to negotiate, we will direct the work to proceed on time & materials via a Field Order/Directive. A final price will be summarized and agreed upon.

West Yost will prepare formal change orders per City
internal procedures. Once fully agreed the costs will be included in the GC’s schedule of values and West Yost
will confirm the correct percent complete by which to
authorize payment for each progress payment request
submitted by the GC.

Deliverable: PCO Log, RFPs for potential change orders, individual agreed-to change orders for the GC’s and City’s signature, and field directives for change order work that can’t be negotiated in time or can’t obtain an agreed-to lump-sum quote.

DISPUTE MANAGEMENT
Dispute/Claim Resolution: If the attempts to resolve
disputes with the GC at the field level are not successful, the CM will lead an informal partnering effort to resolve disputes/claims with the GC. The resolution process will involve a detailed review and summary of the contract
wording and presentation to ascertain a fair interpretation of the contract requirements to present to the City.

After reviewing findings with the City, a meeting will be held with the GC to present the findings and to hear
their position. If there is a dispute with entitlement, the resolution will use an issue escalation process to resolve the matter at higher management levels of West Yost, the City, and the GC. If an equitable agreement still cannot be made, we will direct the GC to follow the guidelines in the front-end documents for filing a claim and then follow the requirements of the contract in resolving disputes in a more formal manner.

Deliverable: Issue summary including the applicable
contract language, interpretation, public contract code rules, and a summary of the GC’s position including the cost and time impacts to any dispute or claim situation that may develop.

Weekly Progress/Monthly Construction Meetings: We
will prepare agendas and minutes, conduct the weekly
progress meetings with the GC, City staff, environmental consultants (if necessary), City staff, and other members of the project team to review overall progress, coordination, and communication related to safety, submittals,
RFIs, changes, progress payments, coordination with
operations, progress schedules, and quality. If other
special meetings are necessary, such as monthly internal project management meetings with the City and Design
Engineer, West Yost will prepare agendas, conduct, and
collect summaries of the discussions. Open items will be tracked to completion. The meetings will be documented
in Procore.

Deliverable: Prepare the agendas and current logs for the meeting and prepare/issue meeting minutes, logs, and
the GC’s look-ahead schedule.

Quality Control/Inspection: We will provide the day-today quality assurance inspection of the GC’s performance of the work. This will include confirming compliance with the contract plans, specs, approved submittals, applicable RFI responses, and approved change orders. If work is
observed or tested to be in non-compliance with the
contract a verbal notice followed by a Non-Compliance
Notice (NCN) will be issued to the GC. If an NCN is issued, a corresponding payment value will be withheld on the
monthly progress payment until the issue is satisfactorily resolved. Daily inspection reports will be written and kept in the DCS software. The reports will contain a summary of the work performed, important discussions, and photos of the work performed. The overall quality requirements of the contract will be emphasized to the GC with pre-activity quality control meetings to review the planned work,
contract requirements, submittals, RFIs, and change orders to confirm mutual understanding of the work.

Deliverable: Photo documentation of existing site
conditions along the pipeline routes and photo
documentation of project progress, response to the GC’s overall QC plan and individual QC plans, concrete testing reports, special inspection reports, on-site CI daily reports, non-compliance notices, stop notices (when appropriate), and a running QC deficiencies report.
1049
City of Garden Grove | On-Call Construction Management and Inspection Services for Various Water and Sewer Improvements Projects | February 25, 2026 22 Materials Testing & Special Inspection: The City will be contracting with a materials testing & special inspection subconsultant, who will perform standard materials
testing, quality assurance sampling, and testing of soil and concrete placement. We anticipate most of the special
inspections required will consist of pipe trench subgrade and backfill materials, concrete quality assurance, sampling and compressive strength testing, and asphalt concrete
(AC) compaction testing. The tests will comply with
contract document requirements.

Deliverable: Test and inspection reports generated by the City’s subconsultant for compaction and concrete quality assurance testing.

Public Outreach (Optional Task): At the request of the City, West Yost will provide public outreach support to develop a comprehensive Public Outreach Plan. The plan will serve as a roadmap for communications over the course of the
project and highlight communications efforts as they relate to the overall construction timeline and milestones.

The Public Outreach Plan will recognize the dynamic
nature of the project with the objective of providing
consistent, reliable communication. The plan will outline core messaging, identify audiences and key stakeholders, inventory the communications channels that will be used or established to keep the public informed, and outline communications implementation during construction.

The plan will be developed after community data
gathering is completed to learn about neighborhood
concerns and preferred information delivery channels.

This data gathering includes meeting well in advance
with local businesses and residents that will be affected by construction to learn of specific concerns or issues we may need to address (access, etc.) and preferred
communication channels.

TASK 1 PUBLIC OUTREACH PLAN
We will work closely with the City to develop a
comprehensive Public Outreach Plan that includes the
following elements, and further defines public outreach activities:
• Outreach goals and desired outcomes
• Target audiences and key stakeholders
• Core messaging and communication channels
• Information sharing tactics specific to construction
outreach
• Metrics for tracking the effectiveness of
communications
Deliverables: One Draft Outreach Plan; One Final
Outreach Plan; Attendance at one project kickoff
meeting; Development and maintenance of a stakeholder
database
Start-Up & Commissioning: The CM team will confirm
that the GC complies with the contract requirements
for preparing test plans and procedures and adequately
plans the work needed to leak test all newly installed
piping and manholes prior to tie-in to the City’s existing sewer conveyance and potable water systems. As needed
startup meetings will be conducted by West Yost to review performance related to actual testing and issues found
during the testing activities. Testing activities (i.e., flushing, disinfection, and hydrostatic leak and/or pressure testing) as appropriate, will be witnessed by West Yost and when appropriate City operations and maintenance staff will be integrated into the activities so that when the operation of the new facilities is transferred to their control the transition will be smooth.

Deliverable: Review of test plans and procedures,
commissioning schedule, startup meeting agendas and
minutes, test records, and log-in to test plans.
(OPTIONAL TASK) SCADA INTEGRATION SERVICES
West Yost will provide full SCADA integration services for any construction projects requiring integration into the existing SCADA system. This includes PLC programming,
SCADA configuration, and network configuration. In
this role, West Yost will make sure that the City’s SCADA standards are closely adhered to.

West Yost will lead SCADA integration meetings to review system architecture, control strategies, input/output
(I/O) point mapping, and testing procedures. Our team
will coordinate closely with the Contractor and City
Engineering, Water Production, and IT staff. Functional testing, including factory acceptance testing (FAT) and site acceptance testing (SAT), will be planned, executed, and documented by West Yost, with punchlist items tracked
through resolution.

Deliverable: SCADA system architecture documentation,
PLC and SCADA application software, point-to-point
verification documentation, FAT/SAT plans and test
records, system validation logs, and confirmation of full integration into the City’s SCADA system.

POST-CONSTRUCTION PHASE
Project Closeout and Final Acceptance: The CM will
arrange a final inspection once the construction GC
requests Substantial Completion. The inspection will create a final punch list of work items to be completed. The
punch list will be transmitted to the GC with the decision on the substantial completion request. The remainder
of the contract will be to confirm that the items on the punch list have been addressed and any other remaining
deliverables received.
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City of Garden Grove | On-Call Construction Management and Inspection Services for Various Water and Sewer Improvements Projects | February 25, 2026 23 West Yost will confirm that aspects of the project
administration have been completed, address any
outstanding stop notices, lien release waivers have been received, and request that all suppliers and subcontractors come forward if payments for their services have not been made or other payment issues exist so that the release
of retention can be made by the City. West Yost will assist the City in closing out the project that includes confirming receipt of all equipment instruction manuals, special
warranties, and spare parts as required by the Contract Documents.

Our team will prepare the final progress payment and
prepare any final change order that might be necessary to address open contract items and recommend payment of
the retention to the Contractor and filing of the Notice of Completion with the county’s recorder’s office.

Deliverables: Generate final punch list, correspondence recommending Final Acceptance be granted by the City
Council will be written, transmittal of electronic and any hard copies of all equipment instruction manuals, special warranties, and spare parts as required by the Contract Documents, and any processing needed to release the
final payment/retention will be made.

Once completed, Turlock’s recycled water will be pumped from an existing pump station at the City of Modesto’s wastewater plant to the Delta Mendota Canal, where the Del Puerto Water District will extract the water to use for their agricultural needs. 1051
^
wWEST YOST

CITY OF GARDEN GROVE

REQUEST FOR PROPOSAL FOR ON-CALL

CONSTRUCTION MANAGEMENT AND

INSPECTION SERVICES FOR

VARIOUS WATER AND

SEWER IMPROVEMENTS PROJECTS
FEBRUARY 25, 2026
SECTION 9 FEE SCHEDULE
1052
February 25, 2026
Liyan Jin
Associate Engineer
City of Garden Grove
13802 Newhope Street
Garden Grove, CA 92843
RE: Transmittal Letter — Fee Schedule

WESTYOST
25Edelman, Suite 120
Irvine, CA 92618
916.306.2250 phone
530.756.5991 fax
westyost.com
Dear Liyan:

In accordance with the Request for Proposal for the On-Call" Construction Management and Inspection Services for Various Water and Sewer Improvements Projects, West Yost is submitting its fee schedule under a separate cover.

The fee estimate to provide construction management and inspection services is a not to exceed amount of $500,000 to perform the services as described herein until fully expended within a year from contract execution. The agreement may include an option to extend for up to three additional one-year terms, each with compensation not to exceed $250,000.

All reimbursable or other costs, such as vehicle and drone usage rates, are identified and included in the rate sheet. These rates will remain active for a time period of no less than forty-eight (48) months, which will include annual rate increases of 5 percent at the beginning of every year this agreement is in effect.Please contact us if you have any questions or require additional information.

Sincerely,WEST YOST
J.P. Davis, PE, CCM, QSD/QSP
Contract Manager
Business Sector Leader
530.400.8781 I [email protected]
Michael Gruenbaum
Client Service Manager
Area Market Lead
626.627.7707 I [email protected]
1053

WWEEST YOST
Water. Engineered.
2026 Billing Rate Schedule
(Effective January 1, 2026, through December 31, 2026)*

POSITIONS LABOR CHARGES (DOLLARS PER HOUR)
ENGINEERINGPrincipal/Vice President
Engineer/Scientist/Geologist Manager I / II
Principal Engineer/Scientist/Geologist I / II
Senior Engineer/Scientist/Geologist I / II
Associate Engineer/Scientist/Geologist I / II
Engineer/Scientist/Geologist I / II / III
Engineering Aide
Field Monitoring Services
Administrative I / II / III / IV

ENGINEERING TECHNOLOGY
Engineering Tech Manager I / IIPrincipal Tech Specialist I / II Senior Tech Specialist I / II
Senior GIS AnalystGIS Analyst
Technical Specialist I / II / III / IV
Technical Analyst I / IITechnical Analyst Intern
Cross-Connection Control Specialist I /II/ III / IV
CAD Manager
CAD Designer I / IICONSTRUCTION MANAGEMENT
Senior Construction Manager
Construction Manager 1,11 /III / IV
Resident Inspector (Prevailing Wage Groups 4/3/2/1)
Apprentice InspectorCM Administrative I / IIField Services• Hourly rates include charges for technology and communication, such as general and CAD computer software, telephone calls, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. • Outside services, such as vendor reproductions, prints, and shipping; major West Yost reproduction efforts; as well as engineering supplies, etc., will be billed at the actual cost plus 15%. • The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost. • Subconsultants will be billed at actual cost plus 10%.• Expert witness services, research, technical review, analysis, preparation, and meetings will be billed at 150% of standard hourly rates. Expert witness testimony and depositions will be billed at 200% of standard hourly rates. • A finance charge of 1.5% per month (an annual rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. $107
$206
$154
$222$200
/
//
//
$191$133
$231
$167
$237$222
//
//
//
$370
$333
$297$246
$221$160$384$353$320
$261$148
$188$181
$251$247
$96
///
///
/
/
/
/
/
//
/
/
/
$392
$387
$355
$312$265
$231
$117$145
$176$387$365$334
$292$277$291$176
$119$208
$233
$204
$373$318$256$181
$130
$256
* This schedule is updated annually Page 1 of 2
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wWEST YOST Water. Engineered.
2026 Billing Rate Schedule
(Effective January 1, 2026, through December 31, 2026)* Equipment Charges

EQUIPMENT
2" Purge Pump & Control Box
Aquacalc / Pygmy or AA Flow Meter
Emergency SCADA System
Field Vehicles (Groundwater)
Gas DetectorGenerator
Hydrant Pressure GaugeHydrant Pressure Recorder, Impulse (Transient) Hydrant Pressure Recorder, StandardLow Flow Pump Back Pack Low Flow Pump Controller
Powers Water Level MeterPrecision Water Level Meter 300ft Precision Water Level Meter 500ft
Precision Water Level Meter 700ft
QED Sample Pro Bladder Pump
Skydio 2+ Drone (2 hour minimum)Storage TankSump Pump
Transducer Communications Cable
Transducer Components (per installation)
Trimble GPS-Geo7xTube Length CounterTurbidity MeterTurbidity Meter (2100Q Portable)Vehicle (Construction Management) Water Flow Probe Meter
Water Quality MeterWater Quality Multimeter
Well Sounder

BILLING RATES
$300
$28$35
$200
$80$60
$10
$55
$40
$135
$200
$32$30
$40
$45$65
$100
$20
$24
$10$23
$220
$22$30$35
$18.75
$20$50
$185
$30
/day/day
/day
/day/day
/day
/day/day
/day
/day/day
/day
/day
/day/day/day/hour/day
/day/day
/day
/day/day/day/day/hour
/day/day
/day
/day
* This schedule is updated annually Page 2 of 2
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Garden Grove City CouncilJune 9, 2026

Garden Grove City Council
June 9, 2026