DISCUSSION
Background
The original program was established to support older adults with limited incomes who require home repairs that affect health, safety, accessibility, and habitability. Inflationary pressures and construction cost increases have reduced the effectiveness of the original $5,000 project cap. Laguna Beach Seniors indicate that:
• Construction costs have increased approximately 25 percent since the program was established. • 45% of past projects exceeded $5,000, requiring residents to contribute out-of-pocket or defer needed repairs.
• Similar programs in Orange County offer a range of $5,000 to $25,000 per home.
To address these realities, Laguna Beach Seniors proposes the following updates, which are incorporated into the proposed Service Agreement:
• A standard project cap of $10,000 per household.
• A special provision allowing up to $20,000 for large or complex projects, such as roof replacement, with City approval.
• Updated eligibility thresholds aligned with State income limit data.
Laguna Beach Seniors will continue to act as program administrator and liaison with contractors, handling application intake, eligibility verification, project coordination, documentation, and reporting.
Program Structure
Under the proposed agreement, funds shall be used as follows:
• $112,500 shall be allocated for direct home repair assistance. • $12,500 shall be allocated for program administration, representing 10 percent of the total budget.
Funds shall be provided to Laguna Beach Seniors as a lump sum payment upon execution of the Agreement and after December 9, 2025. Laguna Beach Seniors shall be responsible for tracking and documenting all expenditures and providing reports to the City upon request.
Updated participant eligibility criteria include:
Household Type Maximum Annual Gross Income Maximum Liquid Assets Single Person $88,400 $132,000
Two Person Household $101,000 $151,500
ALIGNMENT WITH CITY GOALS
The Senior Home Repair Program aligns with the City Council’s adopted goals and the Housing Element of the General Plan, specifically Program 5.2-11, which calls for the preservation and rehabilitation of existing housing stock. By providing financial assistance for critical repairs, the program directly supports efforts to promote safe, accessible, and affordable housing for older adults. 2 of 185
RENEWAL OF THE SENIOR HOME REPAIR PROGRAM
January 13, 2026
FINANCIAL ANALYSIS
The recommended action includes an appropriation of $125,000 from the Housing Fund.
Fund Balance
Housing Fund $1,766,277
Housing In Lieu Fund $779,990
Combined Total $2,546,267
Funding Overlap Explanation
The City has identified the Housing Fund and the Housing In Lieu Fund as the primary sources for the local matching funds required for a $2.5 million affordable housing grant. These funds have been identified for planning purposes only and have not been committed or spent.
Using these funds as a match does not prevent the City Council from approving $125,000 for the Lifelong Laguna Home Renewal and Repair Program. However, if the Council approves that funding, the City would need to identify an alternative source of $78,000 to fully satisfy the grant matching requirement.
At the time the City submitted the grant application, staff anticipated that the Housing Fund and Housing In Lieu Fund alone might not have sufficient balances to cover the full match if the grant were awarded.
For that reason, on April 9, 2024, the City Council authorized the use of the Parking Fund as a supplemental funding source to cover any remaining portion of the required match.
ENVIRONMENTAL ANALYSIS
The proposed action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(4), as it involves the creation of a government funding mechanism that does not commit the City to a specific project that may result in a physical change in the environment. Any future repair work funded through this program will be reviewed separately under CEQA, and projects qualifying for exemption (e.g., under Section 15301 – Existing Facilities) will be processed accordingly.
ATTACHMENTS
1. Laguna Beach Seniors Funding Request Letter (Pgs. 4-5)
2. Service Agreement (Pgs. 6-28)
Submitted By:
.
Approved: .David A Kiff
Jeremy Frimond, Assistant City
Manager
Dave Kiff, City Manager
Report Prepared By: Coordinated With:
Jeremy Frimond, Assistant City Manager
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A PROGRAM OF LAGUNABEACHSENIORS
380 Third Street, Laguna Beach, CA 92651 │ t 949.464.6645 f 949.497.1831 │ thesusiq.org │ a 501(c)(3) tax-exempt organization October 28, 2025
Jeremy Frimond
Assistant City Manager
City of Laguna Beach
505 Forest Ave
Laguna Beach, CA 92651
Re: LBS Home Renewal Request
Dear Jeremy,
Our organization is proud of the success of LBS Home, the Laguna Beach Seniors Home Repair Program, founded in 2020 in partnership with the City of Laguna Beach and Habitat for Humanity Orange County.
Together we have completed 21 home repair projects for older adults with limited incomes, addressing essential needs such as plumbing, heating, decking, roofing, stairs, bathroom safety, grab bars and handrail installations.
With $8,170.20 in remaining funds, this program continues to be a lifeline for senior residents who lack the financial means to make safety-related home modifications. To ensure its ongoing impact, we respectfully request renewal of the program in the amount of $125,000 starting January 2026, and propose the following qualification updates:
Current Qualifications Proposed Qualifications
Project Limit $5,000
$10,000 with special clause for up to $20,000
for large projects such as roof replacement
Annual Gross
Income $71,750 (single) or $82,000 (couple) $88,400 (single) or $101,000 (couple) Liquid Assets
Cannot Exceed $107,625 (single) or $123,000 (couple) $132,000 (single) or $151,500 (couple) The proposed qualifications are based on the following trends:
• The California Construction Cost Index reflects a 25% increase in construction costs statewide since the founding of this program in 2021.
• 45% of projects exceeded $5,000, which required homeowner funds or forgoing the repair. • 25% of residents in Laguna Beach are 65+ years old. The continued funding will directly support their ability to age safely in place.
Attachment 1
4 4 of 185
A PROGRAM OF LAGUNABEACHSENIORS
380 Third Street, Laguna Beach, CA 92651 │ t 949.464.6645 f 949.497.1831 │ thesusiq.org │ a 501(c)(3) tax-exempt organization • The annual gross income adjustment is based on Dept of Housing and Community Development 2024 State Income Limits.
• Comparable programs within Orange County provide funding ranging from $5,000 to $25,000.
Laguna Beach Seniors will continue to serve as the program administrator and liaison between the City and Habitat for Humanity Orange County, managing all aspects of marketing and outreach, verifying participant eligibility, conducting initial home assessments, and providing ongoing support to both participants and Habitat for Humanity.
Since the program’s inception, our organization has provided these administrative services without compensation. To sustain our capacity and ensure continued program excellence, we are proposing a 10% administrative fee to support the costs associated with managing the program. This modest fee would enable us to maintain a high level of service, ensure proper oversight, and continue relieving the City of administrative responsibilities while preserving the program’s quality and reach.
We are extremely proud of this collaboration and deeply grateful for the City’s ongoing partnership.
Together, we have made a meaningful difference in the safety, comfort, and dignity of our senior residents. We look forward to continuing this vital work and expanding the program’s impact in the years ahead.
Sincerely,
Rickie Redman
Director, Aging in Place Services
Laguna Beach Seniors
949-715-8107
[email protected]
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-1- PROFESSIONAL SERVICES AGREEMENT
CITY OF LAGUNA BEACH
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement #__________ is made and entered into this 9th day of December, 2025, by and between the City of Laguna Beach, a municipal corporation organized under the laws of the State of California with its principal place of business at 505 Forest Avenue, Laguna Beach, California 92651 ("City") and Laguna Beach Seniors, a California 501(c)(3) Nonprofit, with its principal place of business at 380 Third Street, Laguna Beach, CA 92651 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
WHEREAS, the City desires to support senior residents in remaining safely housed through targeted investments in health and safety related home repairs, accessibility improvements, and essential rehabilitation activities; and WHEREAS, Laguna Beach Seniors has demonstrated the organizational capacity, community presence, and professional expertise to administer a home repair and aging in place program for older adults with limited financial resources; and WHEREAS, since 2020, Laguna Beach Seniors, in partnership with the City and Habitat for Humanity Orange County, has successfully coordinated and supported numerous home repair projects addressing critical needs such as plumbing, electrical, roofing, stairs, decking, and bathroom safety upgrades; and
WHEREAS, the City desires to provide funding in the amount of $125,000 to support the continuation and expansion of these services under the Lifelong Laguna Home Renewal and Repair Program; and
WHEREAS, Laguna Beach Seniors is willing and able to administer the program in accordance with the Scope of Services, project limits, eligibility requirements, funding allocations, and compliance obligations set forth in this Agreement and its attached Exhibits; and WHEREAS, the Parties desire to set forth the terms and conditions under which Laguna Beach Seniors shall provide services, manage funds, and ensure compliance with applicable local, state, and federal requirements, including, where applicable, United States Department of Housing and Urban Development guidelines for more complex rehabilitation projects; NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows:
Attachment 2
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2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing senior citizen support services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional services for the Laguna Beach Senior Home Repair Program ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from December 9, 2025 to until the balance of the funds are fully expended unless earlier terminated as provided herein.
Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Compensation.
3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed a one-time, lump sum payment of one-hundred, twenty-five thousand dollars ($125,000) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at rates and in a manner as described in writing authorizing the Extra Work.
3.2.2 Payment of Compensation. Consultant shall submit to City all of the required reports and respond to any and all City inquiries regarding, among other things, the use and accounting of the compensation paid under this Agreement. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 7 7 of 185
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3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.3.4 Substitution of Key Personnel. Intentionally left blank
3.3.5 City's Representative. The City hereby designates Jeremy Frimond, Assistant City Manager, or his designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 8 8 of 185
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3.3.6 Consultant's Representative. Consultant hereby designatesRickie Redman, or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor 9 9 of 185
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action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations; Employee/Labor Certification.
3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable 10 10 of 185
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laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.
3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.3.11 Insurance.
3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. 11 11 of 185
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(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $2,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $2,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability: (1) Additional Insured: The City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) This insurance shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under 12 12 of 185
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this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance 13 13 of 185
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through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.3.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Consultant under this Agreement.
3.3.11.11 Additional Insurance Provisions
(A) If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted.
(B) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(C) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(D) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (E) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
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(F) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(G) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for 15 15 of 185
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maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.
3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Termination of Agreement.
3.5.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. In the event of termination, if existing funds exist, Consultant shall return any unused funds to the City within seven (7) days. Consultant shall not authorize any additional work or services after receipt of a notice of termination,
3.5.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and 16 16 of 185
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in such manner as it may determine appropriate, services similar to those terminated.
3.6 Indemnification.
3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.7 General Provisions.
3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.7.2 Independent Contractors and Subcontracting.
3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its 17 17 of 185
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employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.
3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: Laguna Beach Seniors
380 Third Street
Laguna Beach, CA 92651
ATTN: Rickie Redman, Director, Aging in Place Services
City: City of Laguna Beach
505 Forest Avenue
Laguna Beach CA 92651
ATTN: Jeremy Frimond, Assistant City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.7.4 Ownership of Materials and Confidentiality.
3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of 18 18 of 185
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the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 19 19 of 185
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3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.
3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
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3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.
Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party 21 21 of 185
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warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.
SIGNATURES ON NEXT PAGE
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55852.00003\42823523.1
Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"
SCOPE OF SERVICES
Program Purpose
Laguna Beach Seniors shall administer and manage the Lifelong Laguna Home Renewal and Repair Program. The program supports low and moderate income senior residents with safety related and essential home repairs that enable aging in place and reduce health and safety risks. The program builds on the existing home repair initiative created in partnership with the City of Laguna Beach and Habitat for Humanity Orange County.
Scope of Work
Laguna Beach Seniors shall serve as the program administrator and City liaison and shall perform the following services:
1. Conduct outreach, education, and marketing regarding program availability.
2. Accept and process program applications.
3. Verify applicant eligibility based on City approved income and asset limits.
4. Conduct initial property assessments to confirm scope, urgency, and feasibility of repairs.
5. Coordinate project scoping and implementation with Habitat for Humanity Orange County or other City approved contractors.
6. Schedule, monitor, and track project timelines.
7. Maintain direct communication with participating residents.
8. Maintain project files that include applications, eligibility verification, contractor proposals, work orders, photographs, and closeout documentation.
9. Serve as ongoing liaison between the resident, contractor, and City.
10.Provide data, documentation, and reports to the City upon request.
Eligible projects may include, but are not limited to: plumbing repairs, heating and electrical safety corrections, roof repair or replacement, deck and stair repair, bathroom safety modifications, grab bars, and handrails.
Program Funding and Administration
1. The City anticipates annual program funding in an amount proposed at one hundred twenty-five thousand dollars. However, funding in excess of the amount contemplated by this Agreement is not guaranteed.
2. Laguna Beach Seniors may retain an administrative fee not to exceed ten percent of total program funds for staffing, coordination, compliance, and reporting.
3. All expenditures shall relate directly to approved program activities and supported projects.
4. Laguna Beach Seniors shall maintain a detailed accounting of all program funds and provide financial documentation to the City upon request.
Project Limits and Approval
1. Standard project funding shall not exceed ten thousand dollars per residence.
2. Consultant may approve funding up to twenty thousand dollars for higher cost work such as roof replacement or other critical repairs subject to documented need and available funding.
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55852.00003\42823523.1
Exhibit “A”-2 PROFESSIONAL SERVICES AGREEMENT
Laguna Beach Seniors shall submit all projects exceeding ten thousand dollars for City review and written authorization before proceeding.
Reporting Requirements
Laguna Beach Seniors shall provide the following to the City:
1. Quarterly program status updates, including applications received, approved, and completed.
2. Summary of expenditures by project type and location.
3. Program outcomes and community impact metrics.
Documentation of compliance with applicable local, state, and federal requirements.
Standard of Performance
Laguna Beach Seniors shall perform all services in a timely, professional, and lawful manner consistent with best practices for nonprofit program administration and in accordance with applicable City, state, and federal requirements. 25 25 of 185
Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"
SCHEDULE OF SERVICES
Availability of Funds
The City shall make available to Laguna Beach Seniors program funding in the total amount of one hundred twenty-five thousand dollars upon full execution of the Service Agreement by all parties, provided that no funds shall be released or available for expenditure prior to December 9, 2025.
Condition Precedent to Expenditure
Laguna Beach Seniors shall not obligate or expend any funds under this Agreement until both of the following conditions have been satisfied:
• Full execution of the Service Agreement by the City of Laguna Beach and Laguna Beach Seniors; and
• The date of December 9, 2025, has passed.
Authorized Use Period
Upon satisfaction of the conditions set forth in Section 2, Laguna Beach Seniors may expend the approved program funds in accordance with the Scope of Services attached as Exhibit A and the Budget and Eligible Uses attached as Exhibit C, until such time as the full allocation has been expended or the Agreement has otherwise been terminated by one of the parties.
No Obligation Prior to Authorization
Any costs, commitments, or obligations incurred by Laguna Beach Seniors prior to the satisfaction of the conditions described herein shall be the sole responsibility of Laguna Beach Seniors and shall not be reimbursable by the City.
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Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "C"
COMPENSATION
Total Not to Exceed Amount: $125,000
A. Compensation and Allocation
Category Description Maximum
Allocation
Program
Administration
Staff time for outreach, intake, eligibility
verification, coordination with contractors,
document management, reporting, and liaison
services with the City
$12,500
Direct Home
Repair Assistance
Labor, materials, permits, inspections, and
construction services for approved safety related
and essential home repair and modification
projects
$112,500
Total $125,000
The Program Administration category shall not exceed 10 percent of the total agreement amount.
B. Project Funding Limits
Project Type Maximum Assistance
Standard Home Repair Project $10,000 per household
Large or Complex Project, including but not
limited to roof replacement
Up to $20,000 per household with
written City approval
Laguna Beach Seniors shall obtain written authorization from the City prior to committing funds in excess of $10,000 for any single residence.
C. Participant Eligibility Limits
Eligibility shall be evaluated based on verified annual gross income and liquid asset levels.
Household Type Maximum Annual Gross
Income
Maximum Liquid
Assets
Single Applicant $88,400 $132,000
Two Person
Household $101,000 $151,500
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55852.00003\42823523.1
(BB&K 2017) Exhibit “D”-2
Laguna Beach Seniors shall verify and document income and asset information prior to approval of any project.
D. Payment Structure
1. The City shall make a single lump sum payment to Laguna Beach Seniors in the amount of $125,000 following full execution of the Service Agreement and subject to the funding authorization date stated therein.
2. The lump sum payment shall cover all approved program administration and direct assistance costs under this Agreement.
3. Laguna Beach Seniors shall retain full responsibility for tracking expenditures and ensuring all funds are used solely for purposes consistent with the Scope of Services and this Exhibit.
4. Laguna Beach Seniors shall provide expenditure summaries and supporting documentation to the City upon request.
5. Any unexpended funds at the conclusion of the Agreement term shall be returned to the City unless otherwise authorized in writing by the City. 28 28 of 185
STAFF REPORT
Meeting Date:
January 13, 2026
CONSENT
6 SUBJECT: AWARD OF CONTRACT FOR DESIGN SERVICES FOR CITYWIDE UTILITY
UNDERGROUNDING STUDY
RECOMMENDATION: It is recommended that the City Council:
1. Authorize the City Manager to award a contract, in a form approved by the City Attorney, to Asplundh Engineering Services, LLC, in the amount of $53,800, for conceptual design services for a Citywide Utility Undergrounding Study;
2. Approve an appropriation of $53,800 from the Wildfire Mitigation & Fire Safety Fund; and
3. Find that the actions consist of government activities, which do not result in a direct or indirect physical change in environment and therefore does not constitute a “Project” within the meaning of the California Environmental Quality Act.
SUMMARY OF THE MATTER
This report recommends awarding a design contract to Asplundh Engineering Services, LLC, (Asplundh) in the amount of $53,800 for conceptual design services for a Citywide Utility Undergrounding Study. The purpose of the study is to evaluate previously identified concentrated areas of existing utility poles and overhead wires and develop schematic designs and cost estimates to support potential future assessment district formations. The design services include field verifications, meetings with City staff, conceptual utility undergrounding designs, and cost estimating.
DISCUSSION
Background:
On July 8, 2025, City Council received a report from staff identifying potential underground utility district boundaries to substantially complete residential neighborhoods with remaining overhead utilities. The five potential district boundaries identified are:
1. North Laguna
2. South of Downtown
3. South Laguna
4. Upper Bluebird
5. Top of the World
Both Upper Bluebird and Top of the World commenced formal petitioning efforts in Fall 2025 and will be brought before the City Council early this year to approve the petitioning efforts, appropriate funding to begin utility engineering designs, and hire an assessment engineer. The three remaining districts of North Laguna, South of Downtown, and South Laguna are much larger in size and require additional evaluation regarding feasibility and estimated costs.
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AWARD OF CONTRACT FOR DESIGN SERVICES FOR CITYWIDE UTILITY
UNDERGROUNDING STUDY
January 13, 2026
Council Direction and Consultant Selection:
At the July 8, 2025, meeting, City Council directed staff to work with a consultant to develop more accurate project cost estimates for the preliminarily identified utility undergrounding boundaries (see Attachment 1). Due to the specific nature of this task requiring consultation with dry utility specialists, staff informally solicited three proposals consistent with Laguna Beach Municipal Code Section 2.30.040(c). Moran Utility Services, Inc., while qualified to perform the work, declined to submit a proposal citing a lack of current resources. Proposals were received from Morrow Management and Asplundh (see Attachment 2), who are both familiar with dry utility engineering.
After reviewing the proposals received, staff determined Asplundh was the highest rated firm due to costcompetitiveness, firm resources, and experience with similar projects. Asplundh completed design engineering of West Street AD 2021-1 on behalf of San Diego Gas & Electric and served as the prime contractor for the recently constructed Park Avenue UD 2021-2 project. Due to Asplundh’s familiarity with City projects, staff recommend that City Council award a design contract to Asplundh.
Scope of Work and Timeline:
Asplundh will provide conceptual design engineering and cost estimating for the North Laguna, South of Downtown, and South Laguna districts. This task will take approximately four months to complete. During that time, staff will continue to work with property owners to determine if support exists to form assessment districts within the identified boundaries. Following completion of Asplundh’s work, staff will return to City Council with an update on the feasibility of designs, refined cost estimates, and any updates regarding property owner coordination to form new assessment districts.
Next Steps:
It is recommended that the City Manager be authorized to award a contract, in a form approved by the City Attorney, to Asplundh in the amount of $53,800 to complete the utility undergrounding study. Since funding was not allocated for this task in the Fiscal Year 2025-26 budget, staff is requesting City Council approval for the appropriation.
FINANCIAL ANALYSIS
Funding for design services for the utility undergrounding study is not included in the current budget.
Therefore, it is requested that $53,800 be appropriated from the Wildfire Mitigation and Fire Safety Fund which has an available fund balance of $3,705,407.
ENVIRONMENTAL ANALYSIS
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UNDERGROUNDING STUDY
January 13, 2026
The recommended actions consist of organizational or administrative activities of the City that will not result in a direct or indirect physical change in the environment and therefore does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21065; 14 CCR Section 15378(b)(5)). The award of contract for design services of this utility undergrounding study is for design services only and any future actual improvements will be subject to independent environmental review under CEQA at the time entitlements for those improvements are applied for. Further, the recommended actions consist of the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific projects which may result in a potentially significant physical impact on the environment and therefore does not constitute a “Project” within the meaning of CEQA. (Public Resources Code Section 21065; 14 CCR Section 15378(b)(4)). Approving the funding for design services only, which may or may not result in an application for improvements that will be subject to independent environmental review in the future is a fiscal activity that does not involve any commitment to any specific projects.
ATTACHMENTS
1. July 8 2025 Agenda Report (Pgs. 4-24)
2. Asplundh Proposal (Pgs. 25-71)
Submitted By: Mark McAvoy Approved: .David A Kiff
Mark McAvoy, Director of Public
Works & Utilities
Dave Kiff, City Manager
Report Prepared By: Coordinated With:
Pierre Sawaya, Capital Program Manager Thomas Perez, City Engineer Michelle Bannigan, Finance Director
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Attachment 1
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Request for Proposal – Conceptual Design Services for Utility Undergrounding Study City of Laguna Beach
Pierre Sawaya
Capital Program Manager
Public Works Department 5
505 Forest Ave. Laguna Beach, CA 92651
Asplundh Engineering Services
Susan Besagar
Area Manager
5856 Corporate Ave., Suite 110
Cypress, CA 90630
714-293-4299|www.asplundhengineering.com
Date of Submission: 11/21/2025
PROPOSAL FOR:
SUBMITTED BY:
Attachment 2
25 25 of 256
TABLE OF CONTENTS
Cover Letter ................................................................................................................................ 3 Project Understanding ................................................................................................................ 4 Project Team & Key Personnel .................................................................................................. 5 Resumes …………….................................................................................................................. 6 Proposed Fee Estimate ............................................................................................................ 15 Relevant Experience ................................................................................................................ 16 Project Examples ……………................................................................................................... 18 26 26 of 256
November 21, 2025
Pierre Sawaya
Capital Program Manager
City of Laguna Beach
Public Works Department
505 Forest Avenue
Laguna Beach, CA 92651
Subject: Proposal for Conceptual Design Services – Utility Undergrounding Study Dear Mr. Sawaya,
Asplundh Engineering Services (AES) is pleased to submit this proposal to provide conceptual design and planning services for the City of Laguna Beach’s Utility Undergrounding Study. AES understands the City’s commitment to improving reliability, safety, and aesthetics by relocating existing overhead utilities underground in a manner that is both technically feasible and financially strategic.
Our team has extensive experience supporting California municipalities and investor-owned utilities in developing planning-level underground designs and cost estimates that can be advanced to implementation. We take pride in our ability to balance constructability, coordination, and community considerations within conceptual design efforts like this one.
AES will serve as the prime consultant, providing all civil, electrical, and structural engineering disciplines in-house. Our engineers and designers bring direct experience with Southern California Edison (SCE), municipalities such as the City of Anaheim, Cox, and AT&T coordination, as well as deep familiarity with Rule 20, Rule 15/16, and City-driven undergrounding initiatives. Through a structured 30/60/90 conceptual approach, we will prepare field-verified conceptual trench layouts, joint-utility exhibits, and cost models that provide the City with a reliable foundation for prioritization and funding.
We value the City’s vision for enhancing its historic coastal corridors and look forward to supporting this important step toward long-term system resilience and community benefit.
Sincerely,
Susan Besagar
Area Manager
Asplundh Engineering Services
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Section 1. Project Understanding
The City of Laguna Beach is seeking to develop a comprehensive conceptual study to evaluate the feasibility, constructability, and cost of undergrounding existing overhead utilities in key areas of the City. The intent of this study is to provide the City with a clear and defensible understanding of undergrounding priorities, potential impacts, and implementation pathways before committing to design or construction.
As a coastal hillside community, Laguna Beach faces unique challenges related to topography, limited right-of-way, and multiple utility owners. These factors demand a pragmatic and experienced approach to conceptual design that balances technical feasibility with sensitivity to community character and cost-effectiveness.
Asplundh Engineering Services (AES) understands that the City’s objectives are to:
• Identify undergrounding opportunities within the three study areas: North Laguna, South of Downtown, and South Laguna.
• Develop conceptual joint trench alignments for electric, telecommunications, and other dry utilities.
• Identify utility conflicts and design constraints early to minimize risk in future phases. • Prepare planning-level cost estimates and associated assumptions to support capital improvement planning and potential grant or Rule 20 funding. • Deliver clear, consistent conceptual exhibits and a summary report that can serve as a foundation for future design, community engagement, and budgeting.
AES’s approach emphasizes constructability, maintainability, and agency coordination. Drawing on our extensive experience with underground programs and dry utility design throughout California, we will apply a methodology that is both data-driven and field-informed. The resulting conceptual designs and cost models will enable the City to compare options confidently, prioritize investments, and advance to the next stage of project development with clarity.
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Section 2. Project Team & Key Personnel
Susan Besagar – Area Manager
Asplundh Engineering Services
With extensive experience in project and program management, Susan provides strong leadership across multiple concurrent utility design efforts. She is adept at coordinating crossfunctional teams, ensuring technical accuracy, safety, and efficiency throughout all phases of work. Susan’s background in managing large-scale dry utility projects equips her to oversee the execution of this conceptual undergrounding study, ensuring schedules, deliverables, and communication with City staff remain seamless and effective.
Justin Eccles – Project Manager
Asplundh Engineering Services
Justin brings deep expertise in project management and utility design development, with a focus on system planning, field coordination, and stakeholder interface. His experience spans coordination with Southern California Edison and municipal agencies to implement infrastructure modernization programs, including undergrounding and electric reliability initiatives. Justin will provide oversight for design progression, technical integration, and milestone quality control to ensure deliverables align with City expectations and AES standards.
Dan Siegler, P.E. – Lead Electrical Engineer
Asplundh Engineering Services
Professional Electrical Engineer licensed in California and nine other states, with over 12 years of experience in power distribution, undergrounding design, and utility coordination. Dan will oversee the electrical engineering scope of the study, including system layout, service relocation planning, and compliance with SCE standards and the National Electrical Code (NEC). His expertise in both overhead and underground distribution design ensures the City’s conceptual plans reflect real-world constructability and regulatory compliance.
Daniel Anaya – Planner
Asplundh Engineering Services
Bishoy Farag serves as the CAD QC Lead at Asplundh Engineering Services, bringing extensive experience in drafting and design for utility and infrastructure projects. Bishoy specializes in reviewing and approving construction drawings, ensuring DWG files meet rigorous standards, and conducting training sessions for design teams. With a strong background in AutoCAD (2D & 3D), AUD, and OCALC, Bishoy is adept at balancing complex workloads and maintaining high-quality deliverables through meticulous project tracking and quality control.
Bishoy Farag – Drafting Lead
Asplundh Engineering Services
Bishoy Farag serves as the CAD QC Lead at Asplundh Engineering Services, bringing extensive experience in drafting and design for utility and infrastructure projects. Bishoy specializes in reviewing and approving construction drawings, ensuring DWG files meet rigorous standards, and conducting training sessions for design teams. With a strong background in AutoCAD (2D & 3D), AUD, and OCALC, Bishoy is adept at balancing complex workloads and maintaining high-quality deliverables through meticulous project tracking and quality control.
Resumes for each key personnel have been attached to the end of this proposal. 29 29 of 256
Contact
714-293-4299
[email protected]
5856 Corporate Ave., Suite 110
Cypress, CA 90630
Skills
• Distribution Substation
Planning
• Substation Gateway
• Rule 20
• 4kv Cut Over
• Cable Replacement
• CIC Replacement
• PMH 4 & 5 Replacement
• Deteriorated Structure
Replacement
• Overhead and
Underground Capacitor
Replacement
• Overhead and
Underground Switch
Replacement
• Overhead and
Underground
Automation
• Deteriorated Pole
Replacement
Education
Golden West College - Business
Major
Professional Summary
Experienced Manager responsible for project managing and maintaining relationships with clients and customers. A proven leader offering expertise in the utility profession and dedicated to providing excellent quality work and service.
Experience
Asplundh Engineering Services, LLC (2014 – Current)
Planner 3 / Area Manager
• Responsible for managing and maintaining strong relationships with Southern California Edison and Nevada Energy
• Effectively communicated with SCE and NVE managers to streamline design and mediate any concerns
• Responsible for project managing the team’s workloads • Teach, mentor and train staff on design standards
• Explain operating characteristics of circuits and design options to come up with efficient and constructible designs
Asplundh Construction, LLC (2011 – 2014)
Planner 2 / Supervisor
• Proficiently planned a DSP which included changing existing circuitry by offloading and balancing loads between multiple circuits, existing duct bank systems, new underground civil, bridge crossing and automation
• Accurately completed 4kv cutover, Cable, PMH, Capacitor Replacement, Non-Circuit DSP involving all necessary tasks such as voltage drop and flicker calcs, dead-end tension and guying calcs, pole loading, sizing structures and verify compliance, fusing requirements and any easement issues
• Responsible and accountable for the accuracy and quality of designs and implementation of projects by anticipating, communicating the conditions/issues and taking corrective actions to provide solutions to problems and resolve conflicts • Lead on Rule 20 which included taking an OH system to UG to avoid multiple OH circuit crossings, clearance issues, gas, water, and sewer line
• Set bench-mark dates and ensured they are being met
• Responsible for personnel, team building, creating and maintain strong relationships with team members
• Mentor, train and advise staff on design standards and SCE systems
Susan Besagar
Area Manager
Asplundh Engineering Services, LLC | 877.884.5426 | [email protected] | 708 Blair Mill Road, Willow Grove, PA 19090 30 30 of 256
Susan Besagar
Area Manager
Asplundh Construction, LLC (2009 – 2011)
Planner 1
• Proficiently planned and completed over 1,000 deteriorated poles on AUD and uploading materials to Design Manager
• Perform field such as inventorying and taking pictures of poles, analyzing underground inventories and ensuring that existing and proposed cable and equipment are in compliance with the work order scope
• Request for base map and look-ups and send for prior Rights Check before the designing the Redlines and Single Line
• Interact effectively with Tech Planner, peers, managements and other work order units and provide a weekly oral and written communications on status of the project to ensure that the design meets the Tech Planner’s expectations and needs
• Accurately gather and analyze information to make sound decisions regarding the design of the project and provide solutions and/or alternate solutions • Utilized CMIS, DPIS, DM, SAP, AUD, EWorld, and FIMs to assist in the preparation, pricing, tracking, ordering of material, reviewing and closing out work order packages • Prepared all required documents such as JPA, Tenant Notification, and Environmental Forms • Review deteriorated pole and capacitor bank replacement work orders • Provide hands on training to employees on processes and procedures in accordance with SCE specifications
Asplundh Construction, LLC (2008 – 2009)
CAD Drafter
• Utilized computer aided design CAD to draw maps to accurately complete complex design/drafting assignments for SCE projects
• Analyze and interpret SCE work order/field sketches, perform light mathematical calculations and utilize various AutoCAD programs and reference tools/materials to accurately position electrical facilities on maps
• Utilize SCE Circuit Map and Planner’s redlines to draw single lines and thoroughly checked applications to make sure all areas are completed and signed • Demonstrated knowledge of drafting and design practices while ensuring all SCE Drafting Standards and requirements such as specifications, codes, materials, mechanical symbols, and equipment has been met to accurately complete the maps
Asplundh Engineering Services, LLC | 877.884.5426 | [email protected] | 708 Blair Mill Road, Willow Grove, PA 19090 31 31 of 256
Asplundh Engineering
Services, LLC.
714-893-2405
[email protected]
6101 Gateway Dr.
Cypress, CA 90630
Skills
• Quality Control Specialist on
various OH & UG projects
• Deteriorated Pole
Replacement
• 4kV Cut Over
• UG WCR
• OH WCR
• OH Conductor Replacement
• OH Switch Replacement &
Automation
• OCI
• Planning and designing
experience in Civil
Construction
• In depth knowledge of SCE’s
standards, plublications, and
construction practices as well
as G.O. 95, and 128
• Familiar with AUD, DM, SAP,
SpidaCalc, and OCALC Pro
Education
Mater Dei High School - 2001
Professional Summary
Experienced Division Manager dedicated to ensuring Asplundh maintains a high-quality standard on all work orders. Ability to plan, organize, and prioritize heavy workload and remain focused on the job at hand.
Experience
Asplundh Engineering Services, LLC (2013-present)
SCE Det pole Manager
• Mastered the necessary overhead/underground distribution and equipment
• Manage multiple projects simultaneously
• Meet project deadlines
• Train and Mentor new employees
• Supervise a team and manage their workload
• Monitor project budgets and cost analysis for all projects • Provide weekly updates to internal and external contacts Asplundh Construction, LLC (2011-2013)
Planner
• Perform field inventory, pole loading, ordering of material, and overall design for work orders
• Accurately complete specific project tasks and requirements such as calculating TLM voltage drop and flicket, un-guyed moment calculations, ruling span calculations, EPL’s, and Underground Structure Compliance
• Communicate with SCE Technical Planners and Engineering to coordinate design as well as work with them to clarify or upgrade scope for any issues that arise in the design process • Follow all SCE standards and DSU’s to provide a quality, safe, and cost-effective design
• Manage and train multiple planners on work orders
Justin Eccles
Division Manager
Engineering & Design Department
Asplundh Engineering Services, LLC | 877.884.5426 | [email protected] | 708 Blair Mill Road, Willow Grove, PA 19090 32 32 of 256
Contact
[email protected]
3574 Ruffin Road
San Diego, CA 92123
Education
B.S. - Electrical Engineering
Technology (2008 - 2012), University
of Denver
Skills
• Professional Engineer in
CO, CT, DE, IA, MD, ME,
MN, PA, UT (CA 24697)
• ISA 62443 IC32
Fundamentals Specialist
• ISA 62443 IC33 Risk
Assessment Specialist
• ISA 62443 IC34 Design
Specialist
• ISA62443 IC37
Maintenance Specialist
Professional Summary
Senior Electrical Engineer and Professional Engineer licensed in nine states with over 11 years of experience of electrical and instrumentation design for valve automation, natural gas pipelines, overhead and underground utility projects. Daniel has experience in instrumentation and controls engineering and design projects for large utility programs and commercial firms and has successfully led electrical engineering teams. Additional experience in field support to included RFI responses, field inspections, software acceptance testing, panel factory acceptance testing, point-to-point testing, loop checks and support during
commissioning. He is a licensed engineer in the state of CA, CO, CT, DE, IA, MD, ME, MN, PA, and UT.
Experience
Asplundh Engineering Services (2022 – Current)
EI&C Engineer - Electrical
• Provide Electrical, Instrumentation and Controls services for industrial and renewable energy clients.
• Review & stamp plans for distribution & transmission electrical designs.
Campos EPC (2012-2022)
Instrumentation & Controls Manager
• Responsible for all parts of the design and implementation process for automating valves on natural gas pipelines.
• Completed design and implementation of ~100 projects in 6 years. • As the Engineer of Record, I approve and seal designs before sending to client as well as programming for the implementation, and commission of the design post construction.
• Approval of design of ~60 projects since obtaining the PE license Coordination with contractors for construction activities. • Training incoming electrical engineers
Denver Electrical Manager (2012-2022)
Electrical Engineer 3, Engineer of Record
▪ Engineering Manager for a team of 8 Electrical Engineers. ▪ Responsible for team and individual monthly goals, mid-year and yearend reviews, liaison for the team to upper management, scoping and estimating of new projects, leading business developmentrelationships ▪ Community Outreach lead responsible for setting up quarterly activities and encouraging employees outside of the Community Outreach Group to volunteer.
▪ Mentor for CEPC Connect, a group to match younger engineers with mentors outside of their normal working groups.
Daniel Siegler, P.E.
ELECTRICAL ENGINEER
Asplundh Engineering Services, LLC | 714.893.2405 | [email protected] | 3574 Ruffin Rd San Diego, CA 92123 33 33 of 256
Private LTE System Design and Deployment – SDG&E
Senior Electrical Engineer and Engineer of Record for program to provide engineering support for the development and initial deployment of a Private LTE (PLTE) network. Scope of work includes development of one-line diagrams for equipment cabinets, panel schedules, meter, disconnect and buss-way details specifications and plans. The design of low voltage and fiber conduit routing between equipment cabinet and PLTE tower, Power Block diagrams, DC Power Calculation and rectifier requirements, Site Grounding Detail Plan, Network Block diagrams showing all main components and interfaces, and Equipment Rack Face Elevations.
Responsibilities include quality control and quality assurance of construction drawings, signing and sealing of construction drawings, coordinating with client and client’s construction team, completion of as-built construction drawings and training new hires on the project.
Dairy and Landfill Renewable Natural Gas Projects- Brightmark Senior Electrical Engineer for a multi-year project consisting of the development, engineering and design of multiple Renewable Natural Gas (RNG) pipeline and facilities projects for Brightmark RNG Programs. Completed the instrumentation and controls design for interconnectstation facilities to adhere to regulatory requirements.
Dairy RNG Pipelines and Injection Sites, Osceola, O’Brien and Shelby Counties, Iowa Senior Electrical Engineer for a pipeline design, engineering, and coordination project to bring pipeline-quality gas from biowaste collection equipment to utility interconnect sites. Scope of work included engineering and design of five producer pipelines (22 miles), three injection sites (300-500 SCFM) and four return fuel gas pipelines for digestor station equipment. Responsible for controls and instrumentation for injection station facilities to adhere to regulatory requirements. Developed controls philosophy, cause and effect diagram, and P&ID for all interconnect site equipment and motor control schemes and SCADA design and engineering for interconnect equipment
Renewable Natural Gas Skid Project Team
Responsible for the design and approval of a skid to inject renewable natural gas into Xcel’s high pressure gas system. Coordination with multiple groups for the site: Dairy Farm, skid manufacturer, Xcel, Atmos Energy, panel shop, and Electric Utility. Programming using ROC800 software and Red Lion HMI software Valve Automation Team
Responsible for the design and approval of hazardous area classifications, grounding plans, conduit, routing and scheduling, RTU panel layouts, RTU power distribution, RTU wiring and field wiring. Field support for panel factory acceptance testing, RTU upgrades, and site commissioning. Calculations for sizing breaker panels, conduit fill, building ventilation for hazardous area. Programming using ControlWave Designer, ROC800 and Red Lion HMI software. Creating one-line diagrams using the Easy Power program.
SDG&E Pipeline Safety Enhancement Plan
Coordination for all aspects of designing, installing, and completing about 3 miles of 10” natural gas pipeline.
Sending out permits for the City’s being worked in and other permitting agencies like Caltrans and MTS, reviewing traffic control plans, ordering materials, ensuring the materials arrive, preparing documentation for hydrotest, preparing drawings for as building, and coordinating with the construction team.
Asplundh Engineering Services, LLC | 714.893.2405 | [email protected] | 3574 Ruffin Rd San Diego, CA 92123 Daniel Siegler, P.E.
ELECTRICAL ENGINEER
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Xcel MAOP Validation Project
Analyzing documents to determine if Xcel Energy’s natural gas pipeline systems in Colorado, Minnesota, and Texas are in compliance with PHMSA standards and regulations.
Xcel Pipeline Data Project
Verification of maximum allowable operating pressure of Xcel Energy's high pressure and distribution natural gas transmission lines in Colorado.
Asplundh Engineeing Services, LLC | 714.893.2405 | [email protected] | 3574 Ruffin Rd San Diego, CA 92123 Daniel Siegler, P.E.
ELECTRICAL ENGINEER
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Contact
714-893-2405
[email protected]
6101 Gateway Dr.
Cypress, CA 90630
Skills
• Proficient in Microsoft office:
Word, Outlook, Project,
PowerPoint, Excel
• Drafting: Hand, AutoCAD,
AUD
• Spida Calc
• Distribution utility pole
planning and design
• EV planning and design,
project management
• Deteriorated Pole
Replacements
• HFA, including WCCP and
plant betterment projects
• Overhead and Underground
Switch and Structure
replacements
Education
Whittier College
Professional Summary
Accomplished safety and goal-oriented Manager and Planner that focuses on quality work and efficiency. Experienced in delivering a variety of high-quality products while creating and maintaining outstanding partnerships and amazing customer/client interaction throughout the utility industry.
Experience
Asplundh Engineering Services, LLC (2022-
present)
EV Charge Ready Project Manager / Planner 2
• Intake, negotiate and track new work
• Maintained high level customer service with internal and external customer with constant communication
• Managed budgets and cost analysis for all projects
• Created work order contracts
• Upholding design standards in order to ensure all projects meet constructability requirements
• Provide planning and design support internally and externally Asplundh Construction, LLC (2021-2022)
Large Projects Project Manager / Planner 2
• Exceeded in project management across a team of multiple planners and designers
• Project manage multiple large projects
Asplundh Construction, LLC (2018-2021)
Large Projects Team Lead / Planner 2
• Ensured that all project deadlines were met
• Shown an advanced understanding of both overhead and
underground distribution material, equipment and systems • Quality control for various types of projects
• Provided team with support and necessary information to be successful
Daniel
Anaya
Project Manager / Planner 2
Asplundh Engineering Services, LLC | 714.893.2405 | [email protected] | 6101 Gateway Dr. Cypress, CA 90630 36 36 of 256
Asplundh Construction
714-893-2405
[email protected]
6101 Gateway Dr.
Cypress, CA 90630
Asplundh Construction, LLC (2018-2021)
Large Projects Team Lead / Planner 2
• Ensured that projects were on track and that all deadlines were met
• Shown an advanced understanding of both overhead and
underground distribution material, equipment and systems • Quality control for various types of projects ranging from overhead to underground
• Provided team with support and necessary information to be successful
Asplundh Construction, LLC (2016-2018)
Planner 1
• Quality Control for Pole Loading
• Trained new employees
• Performed Vault Inventory inspections
• Provided weekly status updates to internal and external customers
Asplundh Construction, LLC (2015-2016)
Accounting
• Maintained various types of trackers
• Data entry
• Record keeping
• Provided planning department with job support and record keeping
• Kept accurate account of hours being billed to each job Accomplishments
MVP Award: December, 2019
MVP Award: December, 2018
Performance Award: December, 2017
Performance Award: December, 2016
Daniel
Anaya
Project Manager / Planner 2
Asplundh Engineering Services, LLC | 877.884.5426 | [email protected] | 708 Blair Mill Road, Willow Grove, PA 19090 37 37 of 256
Contact
586-733-6886
[email protected]
5856 Corporate Ave., Suite 110
Cypress, CA 90630
Education
Fullerton College – AS – Computer
Science (2021) – 3.0 GPA
California State University Fullerton
– BS – Computer Science (In
progress)
Skills
• Problem-solving abilities
• Project Planning
• Well Organized
• Time Management
• Leadership Experience
Software
• AutoCAD 2D & 3D
• AUD 2008 & 2020
• Ocalc
• Microsoft Visual
Studio
• PuTTY SSH
• Advanced use of all
Microsoft Office
PRoducts
Programming Languages
• C++
• Java
• HTML/CSS
• JavaScript
• React
• xcode
Professional Summary
Experienced Drafter & Designer currently working with AutoCAD and AUD. Able to balance a large workload with projects of various size and complexities. Detail-Oriented and Efficient all while maintaining a high level of communication throughout projects.
Experience
Asplundh Engineering Services, LLC (2022 – Current)
CAD QC
• Reviewed and approved construction drawings
• Reviewed DWG files to ensure compliance with standards • Conduct training sessions for designers
• Track multiple projects progress through to completion Asplundh Engineering Services, LLC (2020 – 2022)
Designer
• Primarily working on SCE large projects
• Using AutoCAD & AUD to draft preliminary construction drawings • Draft a simple overall summary of the project if required • Communicate with other departments to move the project effectively
• Complete forms required for the project
• Meet internal & external due dates for different departments Asplundh Construction Company, LLC (2018 – 2020)
Drafter
• Using AutoCAD to draft construction drawings and Traffic Control Plans
• Primarily working with Crown Castle and SCE
• Using OCALC to calculate loads on poles
• Train new employees on different types of projects
• Field walks with customer’s engineers whenever needed • Attend meetings with customer to update standards
• QC all projects to maintain a consistent work quality FJS Cable Engineering (2017 – 2018)
Drafter
• Utilized AutoCAD to draft Traffic Control Plans (TCP) and layout plans
• Reviewed various infrastructure plans to draft precise and accurate designs
• Proposed an underground fiber design and ensured compliance with various infrastructure requirements
• Ensured compliance with city regulations to obtain necessary permits
Asplundh Engineering Services, LLC | 877.884.5426 | [email protected] | 708 Blair Mill Road, Willow Grove, PA 19090 Bishoy Farag
CAD QC
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Section 3. Proposed Fee Estimate
Asplundh Engineering Services, LLC proposes to perform the Conceptual Design Services – Utility Undergrounding Study for a not-to-exceed amount of $53,800 based on the level of effort required to complete conceptual engineering, coordination, and deliverables for the three identified study areas. The proposed fee is structured as a time-and-materials contract with a defined not-to-exceed limit. Invoices will be based on actual hours worked at the rates shown in the next section 3.2
Phase / Milestone Description Estimated Fee
Project Kickoff & Coordination Data collection, kickoff meeting, utility owner coordination
$8,500
30% Conceptual Design Preliminary layouts, confirm prelim boundary maps, verify utility
pole/overhead data, initial cost model
$15,000
60% Conceptual Design Refined design, agency coordination, linear footage, approximate transformer
count, cost update
$20,000
90% Conceptual Design & Final
Report
Final exhibits, cost breakdowns in Excel
and PDF, technical memorandum
$5,300
Closeout & Presentation City review meeting, final edits, documentation, conceptual designs in
PDF and CAD format
$5,000
Cost Breakdown by Boundary
North Laguna $18,345.00
South of Downtown $27,435.00
South Laguna $8,020.00
Total Price $53,800.00
3.2 Labor Hours and Billing Rates
Role / Title Bill Rates
Electrical Engineer $195
Project Manager $120
Planner $120
Drafting Lead $95
Administrative Support $75
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3.3 Assumptions
• AES will perform all engineering disciplines in-house (no subcontractors). • Three study areas are included (North Laguna, South of Downtown, South Laguna). • City will provide available record drawings, GIS base maps, and utility contacts. • 3 Virtual Meetings Included. Ideally one kickoff, one mid-design (60%), and one closeout presentation.
• Scope excludes survey, geotechnical, environmental, or permitting services. • Scope excludes undergrounding of Coast Highway
• Excludes acquiring required easements
• Additional services, if requested, will be billed per the rates in Section 3.2 with written authorization.
3.4 Billing and Payment
Invoices will be submitted monthly based on percentage completion by milestone or actual time expended. Payment is due within 30 days of receipt. AES will not exceed the authorized budget without prior written approval.
Section 4. Relevant Experience
Asplundh Engineering Services (AES) has extensive experience providing conceptual and detailed undergrounding design services for both Southern California Edison (SCE) and municipal clients under the Rule 20 program. AES’s work emphasizes constructability, cost accuracy, and multi-utility coordination—skills essential to the City of Laguna Beach’s Utility Undergrounding Study.
City of Anaheim – Underground Conversion Program (Various Districts) Client: Anaheim Public Utilities
Services: Conceptual & Detailed Design, Utility Coordination, Cost Estimating AES supported Anaheim Public Utilities in its ongoing Underground Conversion Program, delivering both conceptual and detailed design services for multiple project areas within various districts including the Harbor Blvd. area near Disneyland and multiple Anaheim Hills neighborhoods. These projects included:
• Developing joint trench layouts for electric, telecom, and street-lighting facilities. • Preparing conceptual cost models and phasing strategies for early budgeting. • Coordinating with SCE, AT&T, and Cox for facility relocations and trench allocations. • Evaluating constructability constraints in narrow corridors and high-traffic urban environments.
This program required balancing aesthetics, utility standards, and field constructability—an approach directly aligned with the City of Laguna Beach’s undergrounding objectives. 40 40 of 256
Southern California Edison – Rule 20A and 20B Undergrounding Support Client: Southern California Edison (SCE)
Services: Conceptual Design, Cost Estimation, Joint Utility Coordination AES has provided engineering support for multiple Rule 20A and 20B undergrounding projects throughout Southern California. These assignments included:
Reviewing existing overhead circuits to determine underground conversion feasibility. • Developing conceptual trench alignments and profiles for joint utility use. • Preparing planning-level cost estimates and technical memoranda to support City and SCE coordination.
• Ensuring designs aligned with SCE Distribution Design Standards, spacing, and safety requirements.
Through this experience, AES has developed a deep understanding of Rule 20 funding and coordination protocols, as well as the documentation needed to advance conceptual designs into implementation phases.
Summary of Relevance
AES’s demonstrated success on Anaheim’s Underground Conversion Program and SCE Rule 20 projects positions the firm uniquely for this study. The AES team brings:
• Proven ability to deliver conceptual designs that identify cost drivers and constructability constraints early.
• Direct familiarity with SCE and telecom coordination protocols. • Hands-on experience creating planning-level exhibits and cost estimates used for municipal decision-making and funding applications.
• A practical, field-informed approach that ensures conceptual designs are realistic, coordinated, and ready for advancement.
Project examples for both the City of Anaheim and Southern California Edison have been attached to the end of this proposal.
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APPROVALS
DWG. NO.
SHT.
NO. DESCRIPTION
CITY OF ANAHEIM
DESIGN BUILD MASTER AGREEMENT 14 FY-22/23
PLANS FOR THE CONSTRUCTION OF
UNDERGROUND ELECTRIC RELIABILITY IMPROVEMENT PROJECT - PERALTA HILLS - SITE # 1 (551 S. PERALTA HILLS DR - 609 S. PERALTA HILLS DR.)
PROJECT NO. 2200000155
ACCOUNT NO. 528-521-6768-7865-2300940-01 DESIGNACCOUNT NO. 528-521-6768-7865-2300712-01 12KV & 6.9KV CONDUITS AND SUBSTRUCTUREACCOUNT NO. 528-521-6768-7865-2300872-01 12KV & 6.9KV ELECTRICAL INSTALLATIONACCOUNT NO. 528-521-6768-7865-2400365-01 12KV & 6.9KV ELECTRICAL DEMOLITIONACCOUNT NO. 528-521-6768-7865-2300941-01 AT&T CONDUIT INSTALLATIONACCOUNT NO. 528-521-6768-7865-2300942-01 CHARTER SPECTRUM CONDUIT INSTALLATION
CITY OF ANAHEIM
DESIGN BUILD 14 FY-22/23
UNDERGROUND ELECTRIC RELIABILITY IMPROVEMENT PROJECT -
PERALTA HILLS - SITE # 1 (551 S. PERALTA HILLS DR - 609 S.
PERALTA HILLS DR.)
TITLE SHEET
0 RCP2024-21827
42 CITY OF ANAHEIM
DESIGN BUILD 14 FY-22/23
UNDERGROUND ELECTRIC RELIABILITY IMPROVEMENT PROJECT -
PERALTA HILLS - SITE # 1 (551 S. PERALTA HILLS DR - 609 S.
PERALTA HILLS DR.)
GENERAL NOTES & DETAILS
0 RCP2024-21827
¾
43 RESTORATION PLAN
CITY OF ANAHEIM
DESIGN BUILD 14 FY-22/23
UNDERGROUND ELECTRIC RELIABILITY IMPROVEMENT PROJECT -
PERALTA HILLS - SITE # 1 (551 S. PERALTA HILLS DR - 609 S.
PERALTA HILLS DR.)
RESTORATION SHEET
0 RCP2024-21827
44 CITY OF ANAHEIM
DESIGN BUILD 14 FY-22/23
UNDERGROUND ELECTRIC RELIABILITY IMPROVEMENT PROJECT -
PERALTA HILLS - SITE # 1 (551 S. PERALTA HILLS DR - 609 S.
PERALTA HILLS DR.)
SUBSTRUCTURE
0 RCP2024-21827
45 CITY OF ANAHEIM
DESIGN BUILD 14 FY-22/23
UNDERGROUND ELECTRIC RELIABILITY IMPROVEMENT PROJECT -
PERALTA HILLS - SITE # 1 (551 S. PERALTA HILLS DR - 609 S.
PERALTA HILLS DR.)
SUBSTRUCTURE
0 RCP2024-21827
46 CE
PRIVATE RD
CITY OF ANAHEIM
DESIGN BUILD 14 FY-22/23
UNDERGROUND ELECTRIC RELIABILITY IMPROVEMENT PROJECT -
PERALTA HILLS - SITE # 1 (551 S. PERALTA HILLS DR - 609 S.
PERALTA HILLS DR.)
SUBSTRUCTURE
0 RCP2024-21827
47 PRIVATE RD
CITY OF ANAHEIM
DESIGN BUILD 14 FY-22/23
UNDERGROUND ELECTRIC RELIABILITY IMPROVEMENT PROJECT -
PERALTA HILLS - SITE # 1 (551 S. PERALTA HILLS DR - 609 S.
PERALTA HILLS DR.)
SUBSTRUCTURE
0 RCP2024-21827
48 PRIVATE RD
CITY OF ANAHEIM
DESIGN BUILD 14 FY-22/23
UNDERGROUND ELECTRIC RELIABILITY IMPROVEMENT PROJECT -
PERALTA HILLS - SITE # 1 (551 S. PERALTA HILLS DR - 609 S.
PERALTA HILLS DR.)
SUBSTRUCTURE
0 RCP2024-21827
49 PRADO CIR
PERALTA HILLS DR
PRIVATE RD
PRIVATE RD
CITY OF ANAHEIM
DESIGN BUILD 14 FY-22/23
UNDERGROUND ELECTRIC RELIABILITY IMPROVEMENT PROJECT -
PERALTA HILLS - SITE # 1 (551 S. PERALTA HILLS DR - 609 S.
PERALTA HILLS DR.)
RESTORATION SHEET
0 RCP2024-21827
50 CITY OF ANAHEIM
DESIGN BUILD 14 FY-22/23
UNDERGROUND ELECTRIC RELIABILITY IMPROVEMENT PROJECT -
PERALTA HILLS - SITE # 1 (551 S. PERALTA HILLS DR - 609 S.
PERALTA HILLS DR.)
EXISTING SINGLE LINE
0 RCP2024-21827
51 CITY OF ANAHEIM
DESIGN BUILD 14 FY-22/23
UNDERGROUND ELECTRIC RELIABILITY IMPROVEMENT PROJECT -
PERALTA HILLS - SITE # 1 (551 S. PERALTA HILLS DR - 609 S.
PERALTA HILLS DR.)
PROPOSED SINGLE LINE
0 RCP2024-21827
52 PERALTA HILLS DR
PRIVATE RD
CITY OF ANAHEIM
DESIGN BUILD 14 FY-22/23
UNDERGROUND ELECTRIC RELIABILITY IMPROVEMENT PROJECT -
PERALTA HILLS - SITE # 1 (551 S. PERALTA HILLS DR - 609 S.
PERALTA HILLS DR.)
DEMOLITION SHEET
0 RCP2024-21827
53 CITY OF ANAHEIM
DESIGN BUILD 14 FY-22/23
UNDERGROUND ELECTRIC RELIABILITY IMPROVEMENT PROJECT -
PERALTA HILLS - SITE # 1 (551 S. PERALTA HILLS DR - 609 S.
PERALTA HILLS DR.)
DEMOLITION SHEET
0 RCP2024-21827
54 CITY OF ANAHEIM
DESIGN BUILD 14 FY-22/23
UNDERGROUND ELECTRIC RELIABILITY IMPROVEMENT PROJECT -
PERALTA HILLS - SITE # 1 (551 S. PERALTA HILLS DR - 609 S.
PERALTA HILLS DR.)
DEMOLITION SHEET
0 RCP2024-21827
55 CITY OF ANAHEIM
DESIGN BUILD 14 FY-22/23
UNDERGROUND ELECTRIC RELIABILITY IMPROVEMENT PROJECT -
PERALTA HILLS - SITE # 1 (551 S. PERALTA HILLS DR - 609 S.
PERALTA HILLS DR.)
DEMOLITION SHEET
0 RCP2024-21827
56 CITY OF ANAHEIM
DESIGN BUILD 14 FY-22/23
UNDERGROUND ELECTRIC RELIABILITY IMPROVEMENT PROJECT -
PERALTA HILLS - SITE # 1 (551 S. PERALTA HILLS DR - 609 S.
PERALTA HILLS DR.)
0 RCP2024-21827
SERVICE CONVERSION DETAIL
604 & 605 S PERALTA HILLS DR
57 CITY OF ANAHEIM
DESIGN BUILD 14 FY-22/23
UNDERGROUND ELECTRIC RELIABILITY IMPROVEMENT PROJECT -
PERALTA HILLS - SITE # 1 (551 S. PERALTA HILLS DR - 609 S.
PERALTA HILLS DR.)
0 RCP2024-21827
SERVICE CONVERSION DETAIL
601 & 597 S PERALTA HILLS DR
58 CE
PRIVATE RD
CITY OF ANAHEIM
DESIGN BUILD 14 FY-22/23
UNDERGROUND ELECTRIC RELIABILITY IMPROVEMENT PROJECT -
PERALTA HILLS - SITE # 1 (551 S. PERALTA HILLS DR - 609 S.
PERALTA HILLS DR.)
0 RCP2024-21827
SERVICE CONVERSION DETAIL
59 PRIVATE RD
CITY OF ANAHEIM
DESIGN BUILD 14 FY-22/23
UNDERGROUND ELECTRIC RELIABILITY IMPROVEMENT PROJECT -
PERALTA HILLS - SITE # 1 (551 S. PERALTA HILLS DR - 609 S.
PERALTA HILLS DR.)
0 RCP2024-21827
SERVICE CONVERSION DETAIL
60 PRIVATE RD
CITY OF ANAHEIM
DESIGN BUILD 14 FY-22/23
UNDERGROUND ELECTRIC RELIABILITY IMPROVEMENT PROJECT -
PERALTA HILLS - SITE # 1 (551 S. PERALTA HILLS DR - 609 S.
PERALTA HILLS DR.)
0 RCP2024-21827
SERVICE CONVERSION DETAIL
61 1716629
548199
548201 - OH
TD781739 TD781741OH
SURVEYED
DATE: 01/07/16
ENTERPRISES INC.EISEL
6T
FINAL DESIGN
APPROVED FOR CONSTRUCTION
62 PROPOSED
AS-IS
TD781739
TD1103838
TD781739
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548199
548201 - OH
TD781739 TD781741OH
SINGLE LINE LEGEND
FINAL DESIGN
APPROVED FOR CONSTRUCTION
63 0.5
0.5 <=PULL=>
BOUNDARY
RESOLUTION BOUNDARY
RESOLUTION BOUNDARY
<=PULL=>
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25 <=PULL=>
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RESOLUTION
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TD781739 SEE ABOVE SEE ABOVE
FINAL DESIGN
APPROVED FOR CONSTRUCTION
64 0.5 0.5
RESOLUTION BOUNDARY
LUTION BOUNDARY
<=PULL
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SPEED
LIMIT
25 <=PULL=>
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PULL=> PULL=> <=PULL PULL=>
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TD781739 SEE ABOVE SEE ABOVE
FINAL DESIGN
APPROVED FOR CONSTRUCTION
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TD781739 SEE ABOVE SEE ABOVE
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APPROVED FOR CONSTRUCTION
68 0.5
RESOLUTION BOUNDARY
RESOLUTION BOUNDARY
PULL=>
<=PULL
SPEED
LIMIT
30 SPEED
LIMIT
25 <=PULL
PULL=>
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1716629
548199
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TD781739 SEE ABOVE SEE ABOVE
FINAL DESIGN
APPROVED FOR CONSTRUCTION
69 RESOLUTION BOUNDARY
<=PULL
SPEED
LIMIT
25 1716629
548199
548201 - OH
TD781739 SEE ABOVE SEE ABOVE
FINAL DESIGN
APPROVED FOR CONSTRUCTION
70 RESOLUTION BOUNDARY RESOLUTION BOUNDARY
RESOLUTION BOUNDARY RESOLUTION BOUNDARY
<=PULL=>
<=PULL=>
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SPEED LIMIT 45
1716629
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548201 - OH
TD781739 SEE ABOVE SEE ABOVE
FINAL DESIGN
APPROVED FOR CONSTRUCTION
71 STAFF REPORT
Meeting Date:
January 13, 2026
CONSENT
7 SUBJECT: AMENDMENT TO AN EASEMENT AGREEMENT RELATED TO RIGHT OF WAY NEAR 31131 MONTEREY STREET; AND FINDING ACTION EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3)
RECOMMENDATION: It is recommended that the City Council:
1. Authorize the City Manager to execute an Amendment to an Easement Agreement related to the right of way near 31131 Monterey Street; and
2. Find the recommended action is not a project within the meaning of the California Environmental Quality Act under CEQA Guidelines Section 15061(b)(3) based on the reasons in the staff report.
SUMMARY OF THE MATTER
Pursuant to a quitclaim deed recorded on March 9, 2023, the City of Laguna Beach acquired rights to an easement for right of way near 31131 Monterey Street from the County of Orange. The easement includes a restriction prohibiting parking within the easement area. The property owner has requested removal of this parking restriction, citing that it is unnecessary and interferes with use of property at 31131 Monterey Street.
DISCUSSION
The easement in question was originally established under the County of Orange’s jurisdiction in 2017 to provide access to a public trail leading to Aliso Creek Beach and was created in coordination with the development of the property located at 31131 Monterey Street. (Attachment 1 [Easement].) The City of Laguna Beach subsequently acquired the easement, which includes a restriction prohibiting parking within the easement area along Monterey Street, through a quitclaim deed. (Attachment 2 [Quitclaim Deed].) In 2025, the current property owner of 31131 Monterey Street, unaware of the City’s acquisition of the easement, contacted the County of Orange seeking relief from the parking restriction within the easement area. While the County of Orange staff expressed support for an amendment to the easement agreement to remove the parking restriction, the property owner then learned that the City held rights to the easement.
The property owner then reached out to the City seeking relief from the parking restriction.
At the request of the property owner, City staff reviewed the parking restriction with the Fire, Police, and Public Works Departments to determine whether the restriction remained necessary for public safety or access purposes. Based on this review, staff determined that safe and adequate access can be maintained without the parking restriction, and that the parking restriction within the easement is not necessary.
Removal of the parking restriction language from the easement would allow the property owner to utilize what is effectively their driveway. It is important to note that driveway parking is not required for the property, but is consistent with typical residential use in the surrounding neighborhood, including temporary 1 of 307
AMENDMENT TO AN EASEMENT AGREEMENT RELATED TO RIGHT OF WAY NEAR 31131 MONTEREY STREET; AND FINDING ACTION EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT UNDER STATE CEQA GUIDELINES SECTION 15061(b)(3)
January 13, 2026
parking for loading and unloading passengers, goods, and similar activities. Removing the restriction would restore the ability for these customary functions to occur.
Separately, the property owner presented a project to the Design Review Board (DRB) on December 11, 2025, which includes improvements such as a rear deck, fencing, spa, and an updated trash enclosure. The DRB unanimously approved the project, and the appeal period has expired. Removal of the parking restriction was noted in the DRB staff report and reflected on the approved site plan, with the intent that the driveway area be demarcated on the pavement to ensure adequate coastal trail access remain in place.
FINANCIAL ANALYSIS
Funding for the staff time required to prepare and review the easement agreement and associated staff report is accounted for within the City’s existing adopted budget; therefore, no additional appropriations is necessary
ENVIRONMENTAL ANALYSIS
Under CEQA Guidelines Section 15061(b)(3), CEQA applies only to projects that have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility the activity may have a significant effect on the environment, the activity is not subject to CEQA. Here, the recommended action in not a project within the meaning of CEQA because it is limited to the removal of a parking restriction within an existing easement on an already-developed residential property in an area that in directly in front of an existing residential property. The action does not authorize physical construction, expansion of use, or intensification of activity, and does not alter access to the public trail or surrounding roadway network. Safe and adequate access will continue to be maintained without the restriction.
ATTACHMENTS
1. Easement (Pgs. 3-27)
2. Quit Claim Deed (Pgs. 28-43)
3. First Amendment to Easement (Pgs. 44-51)
Submitted By: Matthew Schneider Approved: .David A Kiff Matthew Schneider, Director of
Community Development Dave Kiff, City Manager
Report Prepared By: Coordinated With:
Matthew Schneider, Director of Community
Development
Claire Park, Assistant Planner
Jane Abzug, Assistant City Attorney
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Attachment 1
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4 4 of 307
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7 7 of 307
8 8 of 307
9 9 of 307
10 10 of 307
11 11 of 307
12 12 of 307
13 13 of 307
14 14 of 307
15 15 of 307
16 16 of 307
17 17 of 307
18 18 of 307
19 19 of 307
20 20 of 307
21 21 of 307
22 22 of 307
23 23 of 307
24 24 of 307
25 25 of 307
26 26 of 307
27 27 of 307
Attachment 2
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29 29 of 307
30 30 of 307
31 31 of 307
32 32 of 307
33 33 of 307
34 34 of 307
35 35 of 307
36 36 of 307
37 37 of 307
38 39
40 41
42 43
1 of 4
61030065.1/201231.0002
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Ahmed Dehbozorgi
31131 Monterey St
Laguna Beach, CA 92651-6961
City Clerk
City of Laguna Beach
505 Forest Avenue
Laguna Beach, CA 92651
(SPACE ABOVE THIS LINE FOR RECORDER’S USE)
FIRST AMENDMENT TO
EASEMENT DEED AND AGREEMENT
This First Amendment to Easement Deed and Agreement (“Amendment”) is made this day of , 2025, by the CITY OF LAGUNA BEACH, a municipal corporation (“Grantor”) and AHMED DEHBOZORGI and FERESHTEH DEHBOZORGI, husband and wife, as Joint Tenants (“Grantee”).
RECITALS
A. Grantee is the owner of certain real property, located in the City of Laguna Beach, County of Orange, State of California, commonly known as 31131 Monterey Street, identified as Orange County Assessor’s Parcel Number 056-041-73 and more particularly described in “Exhibit A” attached hereto and incorporated herein by this reference (“31131 Monterey”).
B. Grantee is the successor-in-interest to Elbe Properties, an Ohio General Partnership (“Prior Grantee”) with respect to 31131 Monterey.
C. Pursuant to a Quitclaim Deed recorded in the Official Records of the County of Orange, California on March 9, 2023, as Document Number 2023000054207, Grantor is the successor-in-interest to the COUNTY OF ORANGE, a political subdivision of the State of California (“Prior Grantor”) with respect to that certain Easement Deed and Agreement dated November 14, 2017, (the “Easement Agreement”) recorded in the Official Records of the County of Orange, California on December 5, 2017, as Document Number 2017000523202.
D. The Easement Agreement benefited Prior Grantee’s property at 31121 and 31131 Monterey Street, Laguna Beach, California.
Attachment 3
44 44 of 307
61030065.1/201231.0002
E. After the Easement Agreement was recorded, Grantee became successorin-interest to Prior Grantee in 31131 Monterey.
F. The Easement Agreement contained the following sentence (the “Parking Restriction”):
The rights herein granted do not include the right to
park vehicles anywhere on the Easement Area.
G. Grantor and Grantee have determined that the foregoing sentence no longer serves the public interest.
H. Grantor and Grantee thus desire to amend the Easement Agreement as set forth in this Amendment.
NOW THEREFORE, Grantor and Grantee hereby covenant and agree as follows:
1. Grant of Parking Easement. The Parking Restriction, defined above, is hereby deleted from the Easement Agreement and replaced with the following language:
The rights herein granted do not include the right to park vehicles anywhere on the Easement Area except as follows: It is permissible for the property owner of the 31131 Monterey Property to park vehicles in the area depicted in Exhibit B, which is attached hereto and incorporated by reference, within the Easement Area, provided that a minimum clear width of 17 feet will be maintained in the Easement Area at all times.
2. Effect Of Amendment. Except as expressly set forth in this Amendment, the Easement Agreement remains in full force and effect and without change. (SIGNATURES ON NEXT PAGE)
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61030065.1/201231.0002
IN WITNESS WHEREOF, the undersigned have executed this Amendment on the date set forth above.
GRANTOR
CITY OF LAGUNA BEACH,
a municipal corporation
By:
Dave Kiff, City Manager
City of Laguna Beach
ATTEST:
Ann Marie McKay, City Clerk
City of Laguna Beach
APPROVED AS TO FORM:
Office of the City Attorney
City of Laguna Beach
Orange County, California
By:
Jane Abzug, Assistant City Attorney
Date:
(SIGNATURES ON NEXT PAGE)
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61030065.1/201231.0002
GRANTEE
Ahmed Dehbozorgi
Property Owners of 31131 Monterey
Fereshteh Dehbozorgi
Property Owners of 31131 Monterey
47 47 of 307
Acknowledgement
61030065.1/201231.0002
ACKNOWLEDGMENT
This Notary Acknowledgement is attached to a document entitled First Amendment to 31131 Monterey Easement.
A notary public or other officer completing this
Certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF ORANGE
On , 2025, before me, ,
personally appeared Ahmed Dehbozorgi, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ___________________________________ (Seal)
48 48 of 307
Acknowledgement
61030065.1/201231.0002
ACKNOWLEDGMENT
This Notary Acknowledgement is attached to a document entitled First Amendment to 31131 Monterey Easement.
A notary public or other officer completing this
Certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF ORANGE
On , 2025, before me, ,
personally appeared Fereshteh Dehbozorgi, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ___________________________________ (Seal)
49 49 of 307
Exhibit “A”
61030065.1/201231.0002
EXHIBIT A
Legal Description of 31131 Monterey
50 50 of 307
Exhibit “B” S1459-000 -- 4194577.1
61030065.1/201231.0002
EXHIBIT B
Depiction of Authorized Parking Area in Easement Area
31131 Monterey Street
APN: 056-041-73
51 51 of 307
STAFF REPORT
Meeting Date:
January 13, 2026
CONSENT
8 SUBJECT: RESOLUTION OPPOSING NEW OFFSHORE OIL LEASING FACILITIES OR
DRILLING IN SOUTHERN CALIFORNIA
RECOMMENDATION: It is recommended that the City Council:
1. Adopt the attached Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAGUNA BEACH, CALIFORNIA, OPPOSING THE INCLUSION OF NEW OFFSHORE OIL AND GAS LEASING OFF THE COAST OF SOUTHERN CALIFORNIA IN THE 2024-2029 NATIONAL OUTER CONTINENTAL SHELF OIL AND GAS LEASING PROGRAM”, stating the City’s formal position against the Draft Proposed Program for the 11th National Outer Continental Shelf Oil and Gas Leasing Program; and
2. Find that these actions do not constitute a “project” within the meaning of the California Environmental Quality Act. (Public Resources Code Section 21065; 14 CCR Section 15378(b)(5).)
SUMMARY OF THE MATTER
The more things change, the more they stay the same. The current federal administration has proposed further oil development off the coast of California and the Gulf of Mexico. State and local governments, along with groups like Oceana are poised to oppose this action, given its potential environmental risk to the Southern California coastline and protected marine resources.
A resolution stating the City‘s possible opposition is shown as Attachment 1 to this staff report.
DISCUSSION
Rather than recreate the wheel, I have attached Oceana’s well-developed information about the proposed US Bureau of Ocean Energy Management (BOEM) action. Comments to BOEM are due not later than January 23, 2026. Attachment 1 is a draft resolution for the Council to consider, which will be transmitted to BOEM as well as to the members of Congress (US House and Senate) who represent Laguna Beach.
The City’s operative Legislative Platform from 2022 also supports this action. Under the Platform’s Coastal Protection section, the City is directed to support “legislation and policies that oppose new offshore oil and gas drilling, fracking and other well stimulation in federal and state waters off the California Coast.”
FINANCIAL ANALYSIS
The recommended action has no financial impact to the budget.
ENVIRONMENTAL ANALYSIS
The recommended action consists of organizational or administrative activities of the City that will not result in a direct or indirect physical change in the environment and therefore does not constitute a “project” within the meaning of the California Environmental Quality Act. (Public Resources Code Section 21065; 14 CCR Section 15378(b)(5).).
1 of 315
RESOLUTION OPPOSING NEW OFFSHORE OIL LEASING FACILITIES OR DRILLING IN
SOUTHERN CALIFORNIA
January 13, 2026
ATTACHMENTS
1. Proposed Resolution (Pgs. 3-5)
2. Oceana information (Pgs. 6-8)
Submitted By: .David A Kiff Approved: .David A Kiff
Dave Kiff, City Manager
Report Prepared By: Coordinated With:
Dave Kiff, City Manager
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RESOLUTION NO. 26.XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA BEACH, CALIFORNIA, OPPOSING THE INCLUSION
OF NEW OFFSHORE OIL AND GAS LEASING OFF THE
COAST OF SOUTHERN CALIFORNIA IN THE 2024–2029
NATIONAL OUTER CONTINENTAL SHELF OIL AND GAS
LEASING PROGRAM
WHEREAS, the economy of Orange County and Laguna Beach depends heavily on a healthy coastal and marine environment, supporting industries such as tourism, recreation, and the restaurant, retail, and other small businesses that exist because of our pristine beaches and ocean environment; and
WHEREAS, clean water, thriving ecosystems, and an attractive coastal environment are vital to maintaining property values, sustaining local businesses, and ensuring the quality of life for residents and visitors alike; and
WHEREAS, offshore oil and gas exploration, development, and drilling carry inherent risks, including oil spills, leaks, habitat destruction, and pollution, which could cause significant, long-term harm to our coastal economy, natural resources, and way of life; and WHEREAS, even the perception of environmental risk associated with offshore drilling can negatively impact tourism, investment, and economic development in coastal areas; and WHEREAS, the US Bureau of Ocean Energy Management (BOEM) is developing the 11th National Outer Continental Shelf Oil and Gas Leasing Program and has requested public input on whether to include new offshore leasing areas; and WHEREAS, the protection of our coastal environment and economy is a priority for Laguna Beach and the long-term well-being of our community outweighs the short-term benefits that expanded offshore drilling might offer to the oil and gas industry.
Attachment 1
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-2- Reso. #26.XXX
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH DOES RESOLVE:
SECTION 1. The City of Laguna Beach formally opposes the inclusion of any exploration like seismic blasting and new offshore oil and gas leasing off the coast of Southern California in the 11th National Outer Continental Shelf Oil and Gas Leasing Program.
SECTION 2. The City of Laguna Beach urges the Bureau of Ocean Energy Management (BOEM) to prioritize the protection of coastal economies, communities, and ecosystems by excluding exploration and new offshore oil and gas leases from the final leasing program.
SECTION 3. The City of Laguna Beach calls on our federal representatives in Congress to oppose efforts to expand offshore drilling and to support policies that protect our oceans, coasts, and the industries and communities that depend on them.
SECTION 4. A copy of this resolution shall be sent to the US Bureau of Ocean Energy Management (BOEM), Senators Schiff and Padilla, US Representative Dave Min, and any other relevant officials.
ADOPTED this 13th day of January, 2026.
Mark Orgill, Mayor
ATTEST:
Ann Marie McKay, City Clerk
4 4 of 315
-3- Reso. #26.XXX
I, Ann Marie McKay, City Clerk of the City of Laguna Beach, certify that the foregoing Resolution No. 26.XXX was duly adopted at a regular meeting of the City Council of said City held on January 13, 2026, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
City Clerk, City of Laguna Beach, CA
5 5 of 315
#ProtectOurCoast
California’s abundant ocean and
coastal resources are a major
attraction for millions of tourists
every year. Rugged, rocky cliffs, tide
pools, sandy spits of shore with
popular surfing spots, and pristine
state parks dot California’s 3,427
miles of coastline.
Another catastrophic event like the
1969 Santa Barbara blowout or the
2015 Refugio Beach oil spill is too
great a risk to California’s thriving
coastal economies.
TAKE ACTION billion in GDP Generated California’s Marine Economy in 2021 of the state’s marine economy
Employed Tourism and Recreation
Protecting California’s Coast: The Bipartisan Consensus In November 2025, the Department of Interior published
the Draft Proposed Program (DPP) determining where and
when the federal government will sell offshore oil and gas drilling leases for the next five years.
California’s Coast at Risk from Expansion of Offshore Drilling Mapping the Risk: Program Area B
The DPP proposes the inclusion of six new offshore oil and gas lease sales off California’s Northern, Central, and Southern Coast beginning as early as 2027.
The Northern, Central, and Southern California planning areas encompass approximately 146 million acres across
three planning areas. As of September 2025, there are 30 active leases in the Southern California Planning Area
alone, covering more than 150,000 acres.
One new lease is one too many.
U.S. Department of the Interior, Bureau of Ocean Energy Management (BOEM). (2025). Figure 5: 1 Proposed Pacific Region Program Areas [Map]. In 11th National Outer Continental Shelf Oil and Gas Leasing Draft Proposed Program: 1st Analysis and Proposal
st
A Bad Deal for California
Members of the California Congressional Delegation, encompassing both U.S.
Senators and 28 House members, issued a bicameral letter to oppose the expansion of offshore drilling. The letter stated that California’s economy, environment, and military readiness depend on a clean coastline.
No new leases have been issued in federal waters off California since 1984.
Furthermore, California banned drilling in state waters three decades ago and has a long, bipartisan history opposing expanded offshore drilling.
Join Oceana in calling on
our federal government
leaders to end new leasing
and protect California’s
coastline from offshore
drilling.
California’s coast is a vital training
space essential for U.S. military
operations and developing top defense
technology. New energy infrastructure
would severely harm our national
defense capabilities.
Military Readiness
Auctioning off our coastlines for more oil drilling
doesn’t have an impact on the current U.S. oil market
that determines gas prices around the country.
Attachment 2
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STAFF REPORT
Meeting Date:
January 13, 2026
CONSENT
9 SUBJECT: ARTIST LIVE-WORK UNITS; AMENDMENT TO THE PURCHASE AND SALE AGREEMENT FOR 2307 AND 2535 LAGUNA CANYON ROAD
RECOMMENDATION: It is recommended that the City Council:
1. Approve the Third Amendment to the Purchase and Sale Agreements for 2307 and 2535 Laguna Canyon Road; and
2. Find that the recommended action is not a project under the California Environmental Quality Act pursuant to Section 15378, because the actions will not result in a direct or reasonably foreseeable indirect physical change in the environment.
SUMMARY OF THE MATTER
On December 9, 2025, the City Council approved the Second Amendment to the Purchase and Sale Agreements for 2307 and 2535 Laguna Canyon Road. Among a number of conditions, the Second Amendment established a expiration date to the due diligence period of January 20, 2026, and a closing date of January 30, 2026.
The schedule assumed preparation and Council consideration of assignment and loan documents in early January. The timeline proved compressed due to the year-end holiday season, staff availability, and the number of transaction documents requiring review and coordination.
The Third Amendment (Attachment 1) extends the due diligence period to five p.m. on January 28, 2026, and revises the closing date to February 6, 2026. All other terms and conditions of the Purchase and Sale Agreements remain unchanged.
Staff will return to the City Council at the January 27, 2026 meeting with the proposed assignment and loan documents for Council consideration.
FINANCIAL ANALYSIS
The amendment does not include any modification to purchase price or deposit. The recommended action has no financial impact.
ENVIRONMENTAL ANALYSIS
Staff recommends that the City Council find that the action before the Council does not constitute a project under the California Environmental Quality Act pursuant to Section 15378. The amendment to the Purchase and Sale Agreements involve administrative, financial, and organizational steps that do not authorize, approve, or commit the City to any physical development or activity that may cause a direct or reasonably foreseeable indirect physical change in the environment The action does not grant development rights, does not modify land use entitlements, and does not approve construction, alteration, or redevelopment of the properties. Any future actions that may result in a physical 1 of 329
ARTIST LIVE-WORK UNITS; AMENDMENT TO THE PURCHASE AND SALE AGREEMENT FOR 2307 AND 2535 LAGUNA CANYON ROAD
January 13, 2026
environmental effect will require separate review and compliance with CEQA before consideration by the City Council.
Based on this analysis, the recommended action is not a project under CEQA and no further environmental review is required at this time.
ATTACHMENTS
1. Third Amendment to the Purchase and Sale Agreement (Pgs. 3-14) Submitted By:
.
Approved: .Dave Kiff
Jeremy Frimond, Assistant City
Manager
Dave Kiff, City Manager
Report Prepared By: Coordinated With:
Jeremy Frimond, Assistant City Manager Patrick Donegan, Assistant City Attorney 2 of 329
Amendment to Purchase and Sale Agreement
THIRD AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL
PROPERTY AND JOINT ESCROW INSTRUCTIONS
This Third Amendment to Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions ( Amendment ) is made as of January __, 2026 (the Effective Date ), by and between PHILIP E. BURKHARDT, Trustee of Trust A under the Burkhardt Family Trust established December 6, 1988 ( Seller ), and THE CITY OF LAGUNA BEACH, a California municipal corporation ( Buyer ), who agree as follows:
AGREEMENT
1. Background.
A. Seller and Buyer have entered into that certain Purchase and Sale Agreement dated January 16, 2025 as amended by that certain First Amendment to Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions dated as of February 28, and as amended by that certain Second Amendment to
Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions dated as of December 15, 2025 (as amended, the Purchase Agreement ), for the purchase and sale of that certain property located at 2535 Laguna Canyon Road, City of Laguna Beach, County of Orange, State of California, and as further described in Exhibit A to the Purchase Agreement (the Property ). Capitalized terms not defined herein shall have the meanings set forth in the Purchase Agreement.
B. Pursuant to the First Amendment, the Due Diligence Period was extended to April 23, 2025 to accommodate a Phase II Environmental Assessment and testing on the Buyer disapproved the results of its due diligence investigation prior to April 23, 2025, but elected to keep the Deposit in Escrow pending further testing and negotiations with Seller.
C. Pursuant to the Second Amendment, the Purchase Agreement was revived, the Due Diligence Period was extended to January 20, 2026 and the Closing Date was extended to January 30, 2026.
D. Buyer and Seller now desire to modify the same pursuant to the terms and conditions set forth herein.
2. Due Diligence Period. Notwithstanding anything to the contrary set forth in the Purchase Agreement,
the Due Diligence Period pursuant to Section 3.1.1 of the Purchase Agreement is hereby extended, and shall expire at 5:00 p.m. on January 28, 2026.
3. Closing. Subject to the satisfaction of the conditions precedent set forth in Article 4 of the Purchase Agreement, the Closing Date is hereby extended to February 6, 2026.
4. Effect on Agreement. All other terms of the Purchase Agreement, except as expressly modified herein, shall continue in full force and effect. In the event and to the extent Attachment 1
3 3 of 329
Amendment to Purchase and Sale Agreement
2 of any conflict between the terms of this Third Amendment and the terms of the Purchase Agreement, the terms of this Third Amendment shall govern.
5. Counterparts. This Third Amendment may be executed in any number of identical counterparts. If so executed, each of such counterparts is to be deemed an original for all purposes and all such counterparts shall collectively constitute one Agreement. This Third Amendment may be executed by facsimile or PDF signatures which shall be binding on the parties hereto.
6. Incorporation of Recitals. The Recitals are hereby incorporated into this Third Amendment.
[Signatures on Following Page]
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Signature Page to PSA Amendment
IN WITNESS WHEREOF, Seller and Buyer have executed this Third Amendment effective as of the day and year first above written.
SELLER:
TRUST A UNDER THE BURKHARDT FAMILY
TRUST established December 6, 1988
By: Philip E. Burkhardt
Its: Trustee
BUYER:
CITY OF LAGUNA BEACH, a California
municipal corporation
By: ______________________
Its: _______________________
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Amendment to Purchase and Sale Agreement
THIRD AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL
PROPERTY AND JOINT ESCROW INSTRUCTIONS
This Third Amendment to Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions ( Third Amendment ) is made as of January __, 2026 (the Effective Date ), by and between PHILIP E. BURKHARDT, Trustee of Trust C under the Burkhardt Family Trust established December 6, 1988 ( Seller ), and THE CITY OF LAGUNA BEACH, a California municipal corporation ( Buyer ), who agree as follows:
AGREEMENT
1. Background.
A. Seller and Buyer have entered into that certain Purchase and Sale Agreement dated January 16, 2025 as amended by that certain First Amendment to Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions dated as of February 28, and as amended by that certain Second Amendment to
Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions dated as of (as amended, the Purchase Agreement ), for
the purchase and sale of that certain property located at 2307 Laguna Canyon Road, City of Laguna Beach, County of Orange, State of California, and as further described in Exhibit A to the Purchase Agreement (the Property ). Capitalized terms not defined herein shall have the meanings set forth in the Purchase Agreement.
B. Pursuant to the First Amendment, the Due Diligence Period was extended to April 23, 2025 to accommodate a Phase II Environmental Assessment and testing on the Buyer disapproved the results of its due diligence investigation prior to April 23, 2025, but elected to keep the Deposit in Escrow pending further testing and negotiations with Seller.
C. Pursuant to the Second Amendment, the Purchase Agreement was revived, the Due Diligence Period was extended to January 20, 2026 and the Closing Date was extended to January 30, 2026.
D. Buyer and Seller now desire to modify the same pursuant to the terms and conditions set forth herein.
2. Due Diligence Period. Notwithstanding anything to the contrary set forth in the Purchase Agreement,
the Due Diligence Period pursuant to Section 3.1.1 of the Purchase Agreement is hereby extended, and shall expire at 5:00 p.m. on January 28, 2026.
3. Closing. Subject to the satisfaction of the conditions precedent set forth in Article 4 of the Purchase Agreement, the Closing Date is hereby extended to February 6, 2026.
4. Effect on Agreement. All other terms of the Purchase Agreement, except as expressly modified herein, shall continue in full force and effect. In the event and to the extent 6 6 of 329
Amendment to Purchase and Sale Agreement
2 of any conflict between the terms of this Third Amendment and the terms of the Purchase Agreement, the terms of this Third Amendment shall govern.
5. Counterparts. This Third Amendment may be executed in any number of identical counterparts. If so executed, each of such counterparts is to be deemed an original for all purposes and all such counterparts shall collectively constitute one Agreement. This Third Amendment may be executed by facsimile or PDF signatures which shall be binding on the parties hereto.
6. Incorporation of Recitals. The Recitals are hereby incorporated into this Third Amendment.
[Signatures on Following Page]
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Signature Page to PSA Amendment
IN WITNESS WHEREOF, Seller and Buyer have executed this Third Amendment effective as of the day and year first above written.
SELLER:
TRUST C UNDER THE BURKHARDT FAMILY
TRUST established December 6, 1988
By: Philip E. Burkhardt
Its: Trustee
BUYER:
CITY OF LAGUNA BEACH, a California
municipal corporation
By: ______________________
Its: _______________________
8 8 of 329
Amendment to Purchase and Sale Agreement
THIRD AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL
PROPERTY AND JOINT ESCROW INSTRUCTIONS
This Third Amendment to Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions ( Amendment ) is made as of January __, 2026 (the Effective Date ), by and between PHILIP E. BURKHARDT, Trustee of Trust C under the Burkhardt Family Trust established December 6, 1988 ( Seller ), and THE CITY OF LAGUNA BEACH, a California municipal corporation ( Buyer ), who agree as follows:
AGREEMENT
1. Background.
A. Seller and Buyer have entered into that certain Purchase and Sale Agreement dated January 16, 2025 as amended by that certain First Amendment to Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions dated as of February 28, and as amended by that certain Second Amendment to
Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions dated as of (as amended, the Purchase Agreement ), for
the purchase and sale of that certain property located at 2535 Laguna Canyon Road, City of Laguna Beach, County of Orange, State of California, and as further described in Exhibit A to the Purchase Agreement (the Property ). Capitalized terms not defined herein shall have the meanings set forth in the Purchase Agreement.
B. Pursuant to the First Amendment, the Due Diligence Period was extended to April 23, 2025 to accommodate a Phase II Environmental Assessment and testing on the Buyer disapproved the results of its due diligence investigation prior to April 23, 2025, but elected to keep the Deposit in Escrow pending further testing and negotiations with Seller.
C. Pursuant to the Second Amendment, the Purchase Agreement was revived, the Due Diligence Period was extended to January 20, 2026 and the Closing Date was extended to January 30, 2026.
D. Buyer and Seller now desire to modify the same pursuant to the terms and conditions set forth herein.
2. Due Diligence Period. Notwithstanding anything to the contrary set forth in the Purchase Agreement,
the Due Diligence Period pursuant to Section 3.1.1 of the Purchase Agreement is hereby extended, and shall expire at 5:00 p.m. on January 28, 2026.
3. Closing. Subject to the satisfaction of the conditions precedent set forth in Article 4 of the Purchase Agreement, the Closing Date is hereby extended to February 6, 2026.
4. Effect on Agreement. All other terms of the Purchase Agreement, except as expressly modified herein, shall continue in full force and effect. In the event and to the extent 9 9 of 329
Amendment to Purchase and Sale Agreement
2 of any conflict between the terms of this Third Amendment and the terms of the Purchase Agreement, the terms of this Third Amendment shall govern.
5. Counterparts. This Third Amendment may be executed in any number of identical counterparts. If so executed, each of such counterparts is to be deemed an original for all purposes and all such counterparts shall collectively constitute one Agreement. This Third Amendment may be executed by facsimile or PDF signatures which shall be binding on the parties hereto.
6. Incorporation of Recitals. The Recitals are hereby incorporated into this Third Amendment.
[Signatures on Following Page]
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Signature Page to PSA Amendment
IN WITNESS WHEREOF, Seller and Buyer have executed this Third Amendment effective as of the day and year first above written.
SELLER:
TRUST C UNDER THE BURKHARDT FAMILY
TRUST established December 6, 1988
By: Philip E. Burkhardt
Its: Trustee
BUYER:
CITY OF LAGUNA BEACH, a California
municipal corporation
By: ______________________
Its: _______________________
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Amendment to Purchase and Sale Agreement
THIRD AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL
PROPERTY AND JOINT ESCROW INSTRUCTIONS
This Third Amendment to Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions ( Amendment ) is made as of January __, 2026 (the Effective Date ), by and between PHILIP E. BURKHARDT, Trustee of Trust B under the Burkhardt Family Trust established December 6, 1988 ( Seller ), and THE CITY OF LAGUNA BEACH, a California municipal corporation ( Buyer ), who agree as follows:
AGREEMENT
1. Background.
A. Seller and Buyer have entered into that certain Purchase and Sale Agreement dated January 16, 2025 as amended by that certain First Amendment to Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions dated as of February 28, and as amended by that certain Second Amendment to
Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions dated as of (as amended, the Purchase Agreement ), for
the purchase and sale of that certain property located at 2307 Laguna Canyon Road, City of Laguna Beach, County of Orange, State of California, and as further described in Exhibit A to the Purchase Agreement (the Property ). Capitalized terms not defined herein shall have the meanings set forth in the Purchase Agreement.
B. Pursuant to the First Amendment, the Due Diligence Period was extended to April 23, 2025 to accommodate a Phase II Environmental Assessment and testing on the Buyer disapproved the results of its due diligence investigation prior to April 23, 2025, but elected to keep the Deposit in Escrow pending further testing and negotiations with Seller.
C. Pursuant to the Second Amendment, the Purchase Agreement was revived, the Due Diligence Period was extended to January 20, 2026 and the Closing Date was extended to January 30, 2026.
D. Buyer and Seller now desire to modify the same pursuant to the terms and conditions set forth herein.
2. Due Diligence Period. Notwithstanding anything to the contrary set forth in the Purchase Agreement,
the Due Diligence Period pursuant to Section 3.1.1 of the Purchase Agreement is hereby extended, and shall expire at 5:00 p.m. on January 28, 2026.
3. Closing. Subject to the satisfaction of the conditions precedent set forth in Article 4 of the Purchase Agreement, the Closing Date is hereby extended to February 6, 2026.
4. Effect on Agreement. All other terms of the Purchase Agreement, except as expressly modified herein, shall continue in full force and effect. In the event and to the extent 12 12 of 329
Amendment to Purchase and Sale Agreement
2 of any conflict between the terms of this Third Amendment and the terms of the Purchase Agreement, the terms of this Third Amendment shall govern.
5. Counterparts. This Third Amendment may be executed in any number of identical counterparts. If so executed, each of such counterparts is to be deemed an original for all purposes and all such counterparts shall collectively constitute one Agreement. This Third Amendment may be executed by facsimile or PDF signatures which shall be binding on the parties hereto.
6. Incorporation of Recitals. The Recitals are hereby incorporated into this Third Amendment.
[Signatures on Following Page]
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Signature Page to PSA Amendment
IN WITNESS WHEREOF, Seller and Buyer have executed this Third Amendment effective as of the day and year first above written.
SELLER:
TRUST B UNDER THE BURKHARDT FAMILY
TRUST established December 6, 1988
By: Philip E. Burkhardt
Its: Trustee
BUYER:
CITY OF LAGUNA BEACH, a California
municipal corporation
By: ______________________
Its: _______________________
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STAFF REPORT
Meeting Date:
January 13, 2026
BUSINESS
10 SUBJECT: LAGUNA PLAYHOUSE LEASE AMENDMENT / FUNDING ASSISTANCE RECOMMENDATION: It is recommended that the City Council:
1. Authorize the City Manager to execute a First Amendment to the 2003 Laguna Playhouse lease with the City of Laguna Beach, that would memorialize more community use time at the Playhouse, along with a rate structure;
2. Appropriate $500,000 in Fiscal Year 2025–26, to be disbursed in two installments, for one-time operational support to the Laguna Playhouse to support expanded community access and performance opportunities, by appropriating $250,000 from the Cultural and Environmental Stewardship Special Revenue Fund and $250,000 from funds set aside for the cultural arts facilities reserve; and
3. Find that these actions do not constitute a “project” within the meaning of the California Environmental Quality Act. (Public Resources Code Section 21065; 14 CCR Section 15378(b)(5).)
SUMMARY OF THE MATTER
At 104 years young, the Laguna Playhouse located at 606 Laguna Canyon Road is attempting to remain sustainable, even as other regional theaters have struggled or closed in recent years. Playhouse leadership has proposed a retooling of their business model in what they assert will be sustainable, including more opportunities for community use of this City-owned facility, but have asked for $500,000 in support within the City’s Fiscal Year (FY) 25-26 budget year to allow time to transition to the new model.
At the City Council’s December 9, 2025 meeting, the Council discussed this issue, and authorized the City Manager to develop and negotiate a Lease Amendment reflecting the additional community use provisions and a rate structure. This is shown as Attachment 2 to this staff report.
DISCUSSION
Please see the Staff Report from the December 9, 2025, meeting for more detail. What follows here is an update on the discussions / thinking since the December 9, 2025, meeting.
City Considerations. As noted in December 2025, the Laguna Playhouse is clearly an important Laguna institution – for the community as well as for the arts and cultural scene across the region. Its survival likely means addressing new trends in community theater by adopting a different model of serving the community and region. City team members who considered this proposal liked the following:
• A willingness on the Playhouse’s part to change, including to rather dramatically adjust ongoing operational expenses;
• A willingness on the Board’s part to put personal resources and effort into the change; 1 of 30
LAGUNA PLAYHOUSE LEASE AMENDMENT / FUNDING ASSISTANCE
January 13, 2026
• The Playhouse leadership’s apparent commitment to opening up its venue to more extensive community use; and
• A willingness on Playhouse leadership’s part to be transparent with us and with the community as to what it might take to remain on a fiscally sustainable path.
Should the City Council wish to proceed further down this pathway, the internal team (Whalen, Rounaghi) asked for the following:
• That the Playhouse agree to amend the 2003 lease to include the community venue commitments, including pricing and quantity of time, and that the Lease amendment be brought back at the January 13th Council meeting even as the Council takes a straw vote commitment to pledge the $500,000 (in two installments) at the December 9th, 2025 Council meeting; • That the Playhouse regularly report to City staff progress as to achieving its transition goals – including meeting (or not) projected cash flows.
• That the Playhouse Board at least verbally commit to a sustainable model akin to what they are describing now – with an approach that prioritizes the Playhouse’s business survival. • That the Council consider two sources of funds for this grant – $250,000 from FY 24-25’s $500,000 for Cultural and Environmental Stewardship TMD funds, and $250,000 from about $927,000 that is held in reserve for a future expenditure related to the arts – such as a permanent art piece or improvements to (for example) the Forum Theater.
Proposed Lease Amendment. As such, should the Council wish to proceed with this grant, we propose the below language as a lease amendment to the 2003 City-Playhouse lease. Section 3 of the Lease would be amended (with new text in underline and deleted text in strikethrough) to read as follows:
3. USE AND PURPOSES.
(a) During the term of this Lease, Playhouse shall have the use of the Premises, together with the improvements thereon. Such use shall be for the preparation, production, and exhibition of theatrical performances and other performing arts (including film) to the public. It is understood that in addition to the third party use of the premises as set forth in Section 3(b) below, the premises may be used for such purposes by other local organizations, including for example but not by way of limitation, those dedicated to concert, ballet, and opera; in such cases, Playhouse shall have the right to contract with such organizations for those uses subject to written approval of City. (b) In 2026 and annually through the duration of this Lease, and in exchange for a one-time payment of $500,000.00 paid by the City to the Playhouse over two installments (1st $250,000.00 installment paid on or about January 14, 2026, and the 2nd $250,000.00 installment paid on or about May 14, 2026), the Playhouse shall immediately begin to work with Laguna Beach community-based nonprofit cultural arts organizations (“Organizations”) to identify ten (10) weeks of Playhouse venue programming time for these Organizations annually. Rental rates and other charges to the 2 of 30
LAGUNA PLAYHOUSE LEASE AMENDMENT / FUNDING ASSISTANCE
January 13, 2026
Organizations shall be at the lowest cost possible to cover the Playhouse’s direct expenses to support or otherwise staff the Organizations’ events. An initial rate schedule, subject to consumer price index adjustments annually (on January 1 of each year), is shown in Attachment C. The Playhouse shall provide the City with a copy of the rates paid by each Organization for its event.
Playhouse management shall use its best efforts to coordinate the Playhouse venue’s calendar twelve (12) or more months in advance of its and the Organizations’ events so as to ensure the smooth execution of events and in the case of the Laguna Beach Music Festival will use its best efforts to coordinate scheduling up to thirty-six months in advance of the Music Festival’s planned events By December 15 of each year, the Playhouse shall provide the City with a written schedule of the dates reserved by the Organizations for the following calendar year and shall update the schedule during the calendar year. If by the end of a calendar year the Organizations have reserved fewer than ten (10) weeks of programming for the next calendar year, then the Playhouse may book other events in the weeks not booked by the Organizations and shall provide the City written notice of the number of weeks not booked by the Organizations for the upcoming calendar year.
FINANCIAL ANALYSIS
The fiscal impact is $500,000, made in two installments across the remainder of FY 2025-26 via budget amendments. Staff proposes utilizing $250,000 from the Cultural and Environmental Stewardship Special Revenue fund (from FY 24-25 commitments) and $250,000 from the current reserve of $927,000 set aside for cultural arts facilities.
To address and respect the Arts Commission’s concerns about the reduction of that reserve, staff proposes a goal to refund the $250,000 over up to three years, should the City’s financial position allow it in FY 2026-27, FY 2027-28, and FY 2028-29. This would be addressed in each year’s proposed budget as distinct action (yay or nay) as the Council considers the budget each May or June.
If the City’s financial position does not allow refunding during this period, the reserve would be permanently reduced by the $250,000 amount.
ENVIRONMENTAL ANALYSIS
The recommended action consists of organizational or administrative activities of the City that will not result in a direct or indirect physical change in the environment and therefore does not constitute a “project” within the meaning of the California Environmental Quality Act. (Public Resources Code Section 21065; 14 CCR Section 15378(b)(5).)
ATTACHMENTS
1. 2003 Playhouse – City Lease Agreement (Pgs. 5-17)
2. Proposed Lease Amendment (Pgs. 18-22)
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LAGUNA PLAYHOUSE LEASE AMENDMENT / FUNDING ASSISTANCE
January 13, 2026
Submitted By: Dave Kiff Approved: .David A Kiff
Dave Kiff, City Manager Dave Kiff, City Manager
Report Prepared By: Coordinated With:
Dave Kiff, City Manager Gavin Curran, Assistant City Manager Michelle Bannigan, Finance Director
Councilmember Alex Rounaghi
Councilmember Bob Whalen
Jane Abzug, Assistant City Attorney
Patrick Donegan, Assistant City Attorney
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Attachment 1
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FIRST AMENDMENT TO LEASE
BETWEEN THE CITY OF LAGUNA BEACH
AND THE LAGUNA PLAYHOUSE
This First Amendment (“Amendment”) to the Lease is made as of the latest date of execution by all parties as indicated in the signature blocks on the signature page hereof (the “Amendment Effective Date”), and between the City of Laguna Beach (“City”) and the Laguna Playhouse (“Playhouse”), as follows:
RECITALS
A. City and Playhouse are the parties to that certain Lease for the Laguna Playhouse, with an effective date of July 1, 2003 (“Lease”), which sets forth the lease of the Premises subject to terms therein described.
B. City and Playhouse (the “Parties”) desire to amend the Lease to assist with transitioning the operations of the Playhouse to an updated model, through a subsidy of $500,000 from the City to the Playhouse paid in two installments of $250,000. The first installment of $250,000 would be paid on or about January 14, 2026, and the second installment of $250,000 would be paid on or about May 14, 2026. In exchange for the subsidies, the Parties desire to expand the time periods during which community non-profit arts organizations can rent or otherwise access the Playhouse for performances, lectures, exhibits, and related cultural arts activities at rates reasonable to the arts organizations.
C. Capitalized terms used but not otherwise defined herein shall have the meaning given to such terms in the Lease.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree to amend, modify and supplement the Lease as follows:
1. Uses and Purpose. Section 3 of the Lease is hereby amended (with new text in underline and deleted text in strikethrough) to read as follows:
3. USE AND PURPOSES.
(a) During the term of this Lease, Playhouse shall have the use of the Premises, together with the improvements thereon. Such use shall be for the preparation, production, and exhibition of theatrical performances and other performing arts (including film) to the public. It is understood that in addition to the third party use of the premises as set forth in Section 3(b) below, the premises may be used for such purposes by other local organizations, including for example but not by way of limitation, those dedicated to concert, ballet, and opera; in such cases, Playhouse shall have the right to contract with such organizations for those uses subject to written approval of City.
(b) In 2026 and annually through the duration of this Lease, and in exchange for a one-time payment of $500,000.00 paid by the City to the Playhouse over Attachment 2
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two installments (1st $250,000.00 installment paid on or about January 14, 2026, and the 2nd $250,000.00 installment paid on or about May 14, 2026), the Playhouse shall immediately begin to work with Laguna Beach community-based non-profit cultural arts organizations (“Organizations”) to identify ten (10) weeks of Playhouse venue programming time for these Organizations annually. Rental rates and other charges to the Organizations shall be at the lowest cost possible to cover the Playhouse’s direct expenses to support or otherwise staff the Organizations’ events. An initial rate schedule, subject to consumer price index adjustments annually (on January 1 of each year), is shown in Attachment C. The Playhouse shall provide the City with a copy of the rates paid by each Organization for its event.
Playhouse management shall use its best efforts to coordinate the Playhouse venue’s calendar twelve (12) or more months in advance of its and the Organizations’ events so as to ensure the smooth execution of events and in the case of the Laguna Beach Music Festival will use its best efforts to coordinate scheduling up to thirty-six months in advance of the Music Festival’s planned events
By December 15 of each year, the Playhouse shall provide the City with a written schedule of the dates reserved by the Organizations for the following calendar year and shall update the schedule during the calendar year. If by the end of a calendar year the Organizations have reserved fewer than ten (10) weeks of programming for the next calendar year, then the Playhouse may book other events in the weeks not booked by the Organizations and shall provide the City written notice of the number of weeks not booked by the Organizations for the upcoming calendar year.
2. Miscellaneous.
a. Effect of Amendment. Except to the extent the Lease is modified by this Amendment, the remaining terms and conditions of the Lease shall remain unmodified and in full force and effect. In the event of any conflict between the terms and conditions of the Lease and the terms and conditions of this Amendment, the terms and conditions of this Amendment shall prevail and control. b. Entire Lease Agreement. The Lease, together with this Amendment, embodies the entire understanding between the parties hereto with respect to its subject matter and can be changed only by an instrument in writing signed by the parties hereto.
c. Counterparts. This Amendment may be executed in one or more counterparts, including the transmission of counterparts by electronic mail, each of which shall be deemed an original but all of which, taken together, shall constitute one in the same Amendment.
[Signature Page to Follow]
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IN WITNESS WHEREOF, the Playhouse has caused this Amendment to be executed by its President as duly authorized by its Board of Directors on _______________, and the City of Laguna Beach has caused this Lease to be executed by its Mayor and City Clerk as duly authorized by its City Council on January 13, 2026.
CITY OF LAGUNA BEACH
Date: ___________________________ By: ______________________________ Mark Orgill, Mayor
ATTEST
By:
Ann Marie McKay, City Clerk
APPROVED AS TO FORM:
By:
Megan Garibaldi, City Attorney
LAGUNA PLAYHOUSE
Date: ___________________________ By: ______________________________ President
ATTEST
By:
Secretary of the Board
APPROVED AS TO FORM:
By:
Playhouse Counsel
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Attachment C
Proposed Rate Schedule
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Laguna Playhouse
Schedule of Fees* for Local Non-Profit Arts Groups
1-Day Base Rental: $2,800
Base Rental Includes:
1 Access the day prior for lighting focus, sound check, and setup 2 Up to four (4) production staff
3 Administrative support
4 Electricity and standard utilities
5 Post-event cleaning
6 Use of in-house lighting and sound equipment
7 Website listing on Laguna Playhouse calendar
8 Ticketing services
Additional Expenses (if required):
1 Specialty lighting or equipment not owned by Laguna Playhouse 2 Music stands and stand lights
3 Additional sound enhancement
4 Audio/visual or projection needs
Additional Crew Labor: $28 per hour, per person
Additional services such as front-of-house staffing, marketing support, extended rehearsals, and accessibility accommodations may be available upon request and are subject to availability. All additional fees will be outlined in advance and approved by the renting organization.
The City Manager and the Playhouse Managing Director have the flexibility to, upon mutual agreement, adjust one or more of these fees if doing so enhances community organizations' use of the Playhouse.
* This Fee Schedule is reflective of Calendar Year 2026. The Fees may be increased annually by CPI, as published by the US Bureau of Labor Statistics for the Los Angeles - Riverside - Anaheim region or its equivalent should it ever be replaced. 22 22 of 30
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STAFF REPORT
Meeting Date:
January 13, 2026
BUSINESS
11 SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR THE FOREST PROMENADE
PERMANENT CONVERSION
RECOMMENDATION: It is recommended that the City Council:
1. Award and authorize the City Manager to execute a contract with Superb Engineering, in the amount of $5,549,964.85, for construction of the Forest Promenade Permanent Conversion project;
2. Award and authorize the City Manager to execute a contract with Nexgen Design Builders Inc, in the amount of $340,950, to provide construction management and inspection services and approve project-related expenses and change orders for additional construction management and inspection services that may be required in an amount not-to-exceed $34,000, and direct the City Manager to execute the required documents as approved by the City Attorney;
3. Authorize the City Manager to approve project-related expenses and contract change orders for unforeseen circumstances in an amount not to exceed $1,100,000;
4. Approve the transfer of $4,409,629 in existing appropriations from other Capital Improvement Projects that are inactive or not proceeding into construction during the current fiscal year, to fully fund the Forest Promenade Permanent Conversion Project; and
5. Find the proposed action statutorily exempt under the California Environmental Quality Act pursuant to Senate Bill (SB) 922/Public Resources Code Section 21080.25(b)(1), as the action implements the previously approved Promenade on Forest project, which the City Council found to be statutorily exempt pursuant to Public Resources Code section 21080.25(b), as amended by Senate Bill 922 (SB 922), on March 25, 2025.
SUMMARY OF THE MATTER
This report recommends that the City Council award a construction contract to Superb Engineering in the amount of $5,549,964.85 for the Forest Promenade Permanent Conversion Project. In addition, staff recommends awarding a contract to Nexgen Design Builders Inc. for construction management and inspection services, authorizing contingency funding for unforeseen conditions, and approving the transfer of $4,409,629 from inactive or delayed Capital Improvement Projects not proceeding to construction this fiscal year, in order to fully fund the project.
On June 11, 2025, the City Council sustained the Planning Commission's conditional approval of Design Review 25-0319 and Coastal Development Permit 25-0318, and the Community Development Director's conditional approval of Coastal Development Permit 25-0587 and found Design Review 25-0319 and Coastal Development Permits 25-0318 and 25-05 87 statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.25(b). On August 15, 2025, the California Coastal Commission found no “Substantial Issue” that would cause the Commission to review it on appeal via the Commission’s denial of Coastal Appeal A-5-LGB-25-0018 filed by Village Laguna and Friends of Forest Avenue.
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Construction has a 100-working day period, and is anticipated to begin in February 2026 and be completed by June 2026.
DISCUSSION
Background and Project Need
On April 23, 2024, the City Council expressed its desire to proceed with the Promenade on Forest Project to convert the temporary pedestrian plaza occupying the street into a more permanent pedestrian plaza. At the February 4, 2025, joint meeting between the City Council and Planning Commission, the City Council reaffirmed its desire to proceed with the more permanent pedestrian plaza, which involves two separate components: (1) closure of the street; and (2) the design and construction of the improvements to create the more permanent pedestrian plaza (the "Project").
On June 11, 2025, the City Council sustained the Planning Commission's conditional approval of Design Review 25-0319 and Coastal Development Permit 25-0318, and the Community Development Director's conditional approval of Coastal Development Permit 25-0587 and found Design Review 25-0319 and Coastal Development Permits 25-0318 and 25-05 87 statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.25(b). On August 15, 2025, the California Coastal Commission found no substantial issue with Coastal Appeal A-5-LGB-25-0018 filed by Village Laguna and Friends of Forest Avenue.
Floodplain Analysis
The initial Hydrology and Hydraulics Report prepared in accordance with the Orange County Hydrology Manual (which focuses on 25-year flood events) determined the existing infrastructure is sufficient to handle stormwater efficiently, and that the proposed Project would slightly improve the current condition by adding more permeable surfaces and by improving drainage systems overall.
However, because the proposed project is located within a FEMA Zone AE Floodplain, with a portion of the improvements being located within a designated FEMA Floodway, Planning Commission Resolution No. 25-0319 included Condition # 14 which reads as follows: “A right-of-way work permit shall not be issued and construction shall not commence until the Floodplain Administrator has issued a Floodplain Development Building Permit, demonstrating compliance with Federal Emergency Management Agency (FEMA) and City floodplain regulations (LBMC Chapter 25.38)”.
More specifically, Laguna Beach Municipal Code 25.38.056(B) requires certification by a registered civil engineer demonstrating that the proposed encroachment into the floodway shall not result in any increase in flood levels during the occurrence of the base flood discharge. Further, LBMC 25.38.053(D) provides that development “shall provide adequate drainage to reduce exposure to flood hazards.” No mention is made of the “base flood discharge” in 25.38.053(D) such that reducing exposure to “flood hazards” is somewhat more holistic standard.
To satisfy Condition #14, the City’s consultant Psomas prepared a “no-rise analysis” to determine whether the proposed improvements impact the floodplain elevation. Psomas obtained the effective hydraulic 2 of 100
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CONVERSION
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models from FEMA and created a duplicate effective model using actual topographic elevations obtained from a land survey to serve as the existing conditions. Psomas then created a proposed conditions surface for the proposed improvements. Results from Psomas’ modeling show “no rise” to the 100-year base flood water surface elevation as a result of the Project, with all impacts showing zero or, in some instances, small reductions. This “no-rise” result occurs due to a combination of the overall large active conveyance area along Lower Forest Avenue and the Promenade project’s proposed drainage improvements and increase in permeable surface.
This Psomas study will be reviewed by the City’s Floodplain Administrator during the City’s standard course of reviewing projects (both public and private) in floodways and in light of LBMC 25.38.053(D).
While this formal process has not yet been finalized as it occurs late on in the project’s schedule - and will be finalized before any construction begins - the City believes it is on track to fulfill and comply with all conditions of Planning Commission Resolution No. 25-0319, including Condition #14.
Bid Process and Contractor Selection
Staff completed a public bid process for the project in accordance with California Public Contract Code requirements. On December 23, 2025, four (4) bids were received. The following is a summary of the bids sorted by bid amount:
Table of Bid Results
Bidder Bid Amount
1. Superb Engineering $5,549,964.85
2. GMZ Engineering Inc $ 6,763,290
3. Griffith Company $ 9,732,379
4. Green Building Corporation $ 10,943,590
Following a review of the bids, staff determined that the low bidder, Superb Engineering, is qualified, properly licensed, and their bid was determined to be responsive and responsible. Staff recommend that the contract be awarded to Superb Engineering in the amount of $5,549,964.85 (Attachment 1). It is recommended that funding be provided to cover change orders due to unforeseen conditions. These costs are not expected to exceed $1,100,000; therefore, it is also recommended that the City Manager be authorized to approve change orders for unforeseen circumstances in the amount not to exceed $1,100,000.
Construction Management and Monitoring Services
The project will require construction management and inspection services to ensure contract compliance and public safety throughout construction. A request for proposals for Construction Management & Inspection Services for Promenade on Forest Permanent Conversion was posted on the PlanetBids site on November 25, 2025. Thirteen proposals were received on December 24, 2025. The proposals were reviewed and scored based on qualifications. Following the qualifications review, four firms (CREDE Construction Advisory, HW Lochner, Nexgen Design Builders Inc, and Willdan Engineering) were invited to interview with staff. Based on the proposal review and interview, staff identified Nexgen Design Builders Inc. as the highest rated firm. Their proposed not-to-exceed fee of $340,950 was reviewed and determined to be reasonable for the scope of work. It is recommended that a professional services contract (Attachment 2) 3 of 100
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be awarded to Nexgen Design Builders Inc. for construction management and inspection services, and the City Manager be authorized to approve additional construction management and inspection services that may be required in an amount not-to-exceed $34,000.
Next Steps
If the City Council adopts the recommended actions, a Notice of Award and limited Notice to Proceed will be issued to Superb Engineering. This will initiate the process of executing a construction contract, obtaining the required bonds and insurance, and will allow Superb Engineering to begin working on their subcontracts and to place material orders with vendors. This process typically takes about a month to complete. As such, it is anticipated that construction will begin at the end of February and last through June 2026, generally a period of 100 working days.
What Businesses and Residents Can Expect
The Construction Manager will be the critical contact between the Project and businesses. Nexgen will coordinate closely with the contractor and businesses to ensure business access, customer access, and to provide as welcoming an environment as possible to customers. The Public Works team, as well as Promenade Ad Hoc Committee members Kempf and Orgill will also assist with communications and troubleshooting, including onsite meetings, contact sharing, and FAQ updates.
To prepare for construction, outdoor dining on the Promenade will be suspended prior to the start of construction and may resume within the new Promenade’s arrangement once construction is completed.
During construction, the contractor is required to maintain pedestrian access through the Promenade and into businesses. To accomplish this, it is anticipated that there will be some night work as needed in addition to regular daily construction activities. The construction will result in impacts to pedestrian and vehicular circulation in the area; however, the contractor will be required to provide adequate signage to keep the public informed and safe throughout construction.
FINANCIAL ANALYSIS
There is earmarked funding of $2,855,286 for the Forest Promenade Permanent Conversion. This was a rough amount earmarked in the early days of planning for the Promenade, well before full scoping and design was further developed (and obviously before the project was put out to bid). Supplemental funding in the amount of $4,409,629 is needed to cover costs for construction, construction management, inspection services, geotechnical engineering services, arborist services, construction staking, engineering support, and contingencies. Below is a breakdown of the project costs.
Table of Project Costs
Description Expenditures
Construction Contract $5,549,965
Construction Contingency $1,100,000
Construction Mgmt & Inspection $340,950
Const. Mgmt. & Insp. Contingency $34,000
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Geotechnical/Materials Testing $40,000
Arborist Services $50,000
Construction Staking $75,000
Engineering Support $75,000
TOTAL EXPENDITURES $7,264,915
FUNDING EARMARKED $2,855,286
FUNDING NEEDED ($4,409,629)
To fully fund the Forest Promenade Permanent Conversion Project, staff recommends transferring $4,409,629 in existing appropriations from inactive or delayed Capital Improvement Projects not proceeding to construction during the current fiscal year. These project accounts will be considered for replenishment in future CIP budget cycles, as necessary. The proposed funding transfers are summarized below:
Fund Account Amount Description
CIP Fund 6163130-81000-CPY18 ($1,746,740) Parks Rehab-Moulton, Alta, Lang CIP Fund 6163130-81000-CPY16 ($923,001) Decorative Fencing Channel CIP Fund 6163130-81000-C2115 ($759,888) Downtown Action Plan Improvements CIP Fund 6163130-81000-C2404 ($980,000) Bluebird Cyn Storm Drain Repair CIP Fund 6163130C-81000-C2317 $4,409,629 Forest Promenade Permanent Conv.
In June 2025, the City’s consultant, Cary Stump Cost Consulting LLC, prepared a conceptual cost estimate for the Forest Promenade project. The estimate projected a construction cost of approximately $6.9 million, with an additional $1.1 million in soft costs, for a total of $8.0 million. Mr. Stump included a four-month delay before construction would start as well as the expected costs of federal tariffs in his estimate. The current estimated total project cost of $7.26 million is within the range of this prior estimate and reflects updated bidding results.
ENVIRONMENTAL ANALYSIS
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The City Council finds that these awards are a part of the Promenade on Forest project (hereinafter referred to as "Project"), which proposes to convert a temporary pedestrian plaza occupying a portion of Forest Avenue into the development of a permanent pedestrian plaza within the existing City right-of-way. On March 25, 2025, the City Council approved the Project, and as part of the approvals, found the Project to be statutorily exempt from the California Environmental Quality Act ("CEQA") (Public Resources Code §21000 et seq.; 14 CCR§ 15000 et seq.) pursuant to Public Resources Code section 21080.25(b), as amended by Senate Bill 922 (SB 922), which exempts "pedestrian and bicycle facilities that improve safety, access, or mobility, including new facilities, within the public right-of-way," and as set forth in the CEQA Notice of Exemption (NOE) that was filed within five working days after the March 25, 2025 approval. (Pub. Resources Code, §21080.25(b)(l).) Amongst other things, part of the Project approvals includes design review, which was approved by the City Council on June 11, 2025. The approval of the abovereferenced contracts further implements the Project by permitting the construction of the Project. Thus, these actions are statutorily exempt under Senate Bill (SB) 922/Public Resources Code Section 21080.25(b)(l), for the same reasons set forth in the CEQA Notice of Exemption (NOE) that was filed within five working days after the March 25, 2025, City Council approval. There have been no changes to the Project, no changed circumstances, and no new information that could not previously have been known, that would trigger the need for subsequent CEQA review.
ATTACHMENTS
1. Construction Contract with Superb Engineering (Pgs. 7-11)
2. Professional Service Agreement with Nexgen Design Builders Inc (Pgs. 12-69)
3. April 23, 2024
Staff Report:
https://lagunabeachcity.granicus.com/MetaViewer.php?view_id=3&clip_id=2331&meta_id=192008 Minutes:
https://lagunabeachcity.granicus.com/DocumentViewer.php?file=lagunabeachcity_b4c9f1f0d75bd02e be96f423c615a006.pdf&view=1
4. February 3, 2025 Staff Report and Minutes
Staff Report:
https://lagunabeachcity.granicus.com/DocumentViewer.php?file=lagunabeachcity_d138379fa2c6fc8b 7db2c4d2551917ee.pdf&view=1
Minutes:
https://lagunabeachcity.granicus.com/DocumentViewer.php?file=lagunabeachcity_77057c964b93f55c 3f2c0a95bb0b649d.pdf&view=1
5. June 11, 2025 Staff Report and Recap:
Staff Reports:
https://lagunabeachcity.granicus.com/MetaViewer.php?view_id=3&clip_id=2694&meta_id=226859 https://lagunabeachcity.granicus.com/MetaViewer.php?view_id=3&clip_id=2694&meta_id=226872 Recap:
https://lagunabeachcity.granicus.com/DocumentViewer.php?file=lagunabeachcity_08de1bc86df2ef74 01ac505782e684a0.pdf&view=1
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AWARD OF CONSTRUCTION CONTRACT FOR THE FOREST PROMENADE PERMANENT
CONVERSION
January 13, 2026
Submitted By: Mark McAvoy Approved: .David A Kiff
Mark McAvoy, Director of Public
Works & Utilities Dave Kiff, City Manager
Report Prepared By: Coordinated With:
Thomas Perez, City Engineer Michelle Bannigan, Finance Director Patrick Donegan, Assistant City Attorney
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Construction Contract (rev. 2/20/19) Agreement No.
CONSTRUCTION CONTRACT
FOR
CONSTRUCTION OF
PROMENADE ON FOREST PERMANENT CONVERSION
CIP 21-9972
CITY OF LAGUNA BEACH
THIS Agreement, made and entered into this day of ,2026, by and between CITY OF LAGUNA BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY" and Superb Engineering, Inc., Contractor's License No. 1074243, hereinafter referred to as "CONTRACTOR,"
WITNESSETH:
That the CITY and the CONTRACTOR, for the consideration hereinafter stated, mutually agree as follows:
1. The complete Agreement includes all of the contract documents, which are incorporated herein by this reference, to wit: Notice Inviting Bids, Instructions to Bidders, Bid Form and Proposal to the City of Laguna Beach, Standard Provisions, General Provisions, Special Provisions, Drawings, Plans, Performance Bond, Labor and Material Bond, Certificate of Insurance, this Agreement and all modifications and amendments thereto. The Agreement documents are complementary, and that which is required by one shall be as binding as if required by all. In the event of any discrepancy among Agreement documents, precedence shall be determined as specified in Section 2-5.2 of the Standard Specifications for Public Works Construction.
2. In the performance of the services under the Agreement, CONTRACTOR shall be, and is, an independent contractor, and is not an agent or employee of the CITY. The CITY shall not in any way or for any purpose become, or be deemed to be, a partner of CONTRACTOR in its business or otherwise, or a joint venturer, or a member of any joint enterprise with CONTRACTOR.
CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of the CITY. The CONTRACTOR has and shall retain the right to exercise full control and supervision of the services, and full control over the employment, direction, compensation and discharge of all persons assisting CONTRACTOR in the performance of required services. CONTRACTOR shall be solely responsible and hold the CITY harmless for all matters relating to the payment of CONTRACTOR’s employees, including compliance with Social Security, withholding and all other regulations governing such matters.
Neither CONTRACTOR nor any of CONTRACTOR’s employees shall, at any time, or in any way, be entitled to any sick leave, vacation, retirement or other fringe benefits from the CITY; and neither the CITY nor any of its employees shall be paid by the CITY at the rate of time and one-half for working in excess of forty hours in any one week or more than eight hours in any one day. Neither CONTRACTOR nor any of CONTRACTOR’s employees shall be included in the competitive service, have any property right to any position, or any of the rights an employee may have in the event of termination of this Agreement.
Attachment 1
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Construction Contract (rev. 2/20/19) Agreement No.
3. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvements: PROMENADE ON FOREST PERMANENT CONVERSION, CIP 21-9972 all in accordance with bidders proposal dated December 23, 2025, and the Agreement documents.
4. CONTRACTOR agrees to perform all the said work and furnish all the said materials at its own cost and expense, such as are set forth in the specifications to be furnished by the CITY, necessary to construct and complete in a good workmanlike and substantial manner and to the satisfaction of the City Engineer of the CITY, the work hereinafter set forth in accordance with the plans and the specifications therefor adopted by the CITY and as prepared by the following: SWA Group and Psomas.
In compliance with Public Contracts Code, Chapter 4, Section 12169 and Section 12213, CITY requires the CONTRACTOR to provide, prior to final payment by CITY, a certification in writing of the minimum, or the exact, percentage of recycled content in the products used in the performance of the work of improvement.
5. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for this work of improvement above agreed to be performed, the stipulated sum of Five million five hundred and forty-nine thousand nine hundred and sixty-four and 85/100 Dollars ($5,549,964.85).
CITY agrees to make monthly payments and final payment in accordance with the method set forth in the specifications and other Agreement documents.
CONTRACTOR acknowledges and agrees that if this Agreement involves a project specified in Section 9203 of the California Public Contract Code with a Contract price that exceeds five thousand dollars ($5,000), City will withhold five percent (5%) of the Contract price until the Notice of Completion is issued and recorded.
6. CONTRACTOR agrees to commence construction of the work provided for herein within ten (10) working days after the date of Notice to Proceed, and to continue in a diligent and workmanlike manner without interruption, and to complete the construction thereof within one hundred (100) consecutive working days from the date of Notice to Proceed.
7. Time is of the essence of this Agreement, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage, which the CITY will sustain by reason of any delay in the performance of this Agreement. It is, therefore, agreed that CONTRACTOR will pay as liquidated damages to the CITY the following sum: two thousand ($2,000.00) for each day's delay beyond the time herein prescribed for finishing work. If liquidated damages are not paid, as designated by the CITY, the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under this agreement in addition to any other remedy available to CITY. The CONTRACTOR shall not be assessed liquidated damages for any delay caused by the failure of a public utility to relocate or remove an existing utility required for the performance of this Agreement so long as such failure is not caused by CONTRACTOR’S breach of its obligations hereunder.
8. CONTRACTOR shall pay, and will require all of its subcontractors to pay, all employees on said work a salary or wage at least equal to the prevailing salary or wage established for such work as 8 9 of 100
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set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the Public Works office. Travel and subsistence pay shall be paid in accordance with Labor Code Section 1773.8. Pursuant to Labor Code section 1771.1, no subcontractor may be listed on a bid proposal for any work related to the Project unless registered with the California Department of Industrial Relations (“DIR”). Furthermore, Contractor is hereby notified that no subcontractor may be awarded a contract for any work related to the Project unless registered with the DIR. Pursuant to Labor Code section 1771.4, Contractor is hereby notified that the Project is subject to compliance monitoring and enforcement by the DIR. Contractor will maintain and will require all subcontractors to maintain valid and current DIR Public Works Contractor registration during the term of this Construction Services Agreement. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed.
9. CONTRACTOR will forfeit to the CITY, as a penalty, Two Hundred Dollars ($200) for each calendar day or portion thereof for each worker paid (either by him or any subcontractors under him) less than the prevailing rate described above on the work provided for in this Agreement, all in accordance with Section 1775 of the Labor Code of the State of California.
10. In the performance of this Agreement, not more than eight (8) hours shall constitute a day's work and not more than forty (40) hours constitute any one calendar week, and the CONTRACTOR will not require more than eight (8) hours of labor in a day or more than forty (40) hours of labor in a week from any person employed by CONTRACTOR hereunder, except as provided in the Labor Code of the State of California. CONTRACTOR will conform to Article 3, Chapter 1, Part 7 (Sections 1810, et. seq.) of the Labor Code of the State of California, and it is agreed that the CONTRACTOR will forfeit to the CITY as a penalty the sum of Two Hundred Dollars ($200) for each worker employed in the execution of this Contract by the CONTRACTOR or any subcontractor for each calendar day or calendar week during which any worker is required or permitted to labor more than eight (8) and forty (40) hours, respectively, in violation of said article.
11. CONTRACTOR, by executing this Agreement, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this AGREEMENT."
CONTRACTOR further agrees to require all subcontractors to carry Workers’ Compensation Insurance as required by the Labor Code of the State of California.
12. CONTRACTOR will, prior to the execution of this Agreement, furnish two bonds approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work, and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished. This Agreement shall not become effective until such bonds are supplied to and approved by CITY.
13. If any action or arbitration is filed by either party to enforce or determine rights under this Agreement or any other Agreement document, the prevailing party shall be entitled to recover its reasonable attorneys' fees in addition to any other relief stated by the Court or arbitrator. 9 10 of 100
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14. CONTRACTOR certifies that each and every one of its employees, and every employee of its subcontractors, is not “ineligible” as the term is defined in Labor Code section 1777.1.
15. In entering into this Agreement, the Contractor or subcontractor to supply goods, services or materials pursuant to this Agreement offers and agrees to assign to the City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, services or materials pursuant to the Contract or subcontracts. This assignment shall be made and become effective at the time CITY tenders final payment to CONTRACTOR, without further acknowledgment by the parties.
16. CONTRACTOR acknowledges and agrees that if this Agreement involves a dollar amount greater than or a number of working days greater than that specified in Labor Code Section 1777.5, then the provisions of Labor Code Section 1777.5 govern this Agreement. It shall be CONTRACTOR’S responsibility to become fully acquainted and ensure compliance with Labor Code Section 1777.5 for all apprenticeable occupations.
17. CONTRACTOR acknowledges the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including but not limited to disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code. CONTRACTOR further acknowledges that, to the best of its knowledge, it has fully complied with the earnings assignment order of all employees and has provided the names of all new employees to the New Hire Registry maintained by the Employment Development Department.
IN WITNESS WHEREOF, the said Contractor, the City Manager and City Clerk of the City have executed this AGREEMENT pursuant to the City Council action of the day and year first above written.
Signature:
Name:
Title:
Company:
ATTEST:
_________________________
Ann Marie McKay, City Clerk CITY OF LAGUNA BEACH
A Municipal Corporation
Dave Kiff, City Manager
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CORPORATE CERTIFICATE
I, , certify that I am
the of the corporation named as CONTRACTOR
in the foregoing Agreement; that , who signed said
Contract on behalf of the CONTRACTOR was then the of
said corporation; and that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body and is within the scope of its corporate powers. (Corporate Seal)
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-1- PROFESSIONAL SERVICES AGREEMENT
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR PROMENADE ON FOREST PERMANENT CONVERSION, CIP 21-9972
CITY OF LAGUNA BEACH
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement #__________ is made and entered into this _____ day of ________, 2025, by and between the City of Laguna Beach, a municipal corporation organized under the laws of the State of California with its principal place of business at 505 Forest Avenue, Laguna Beach, California 92651 ("City") and NexGen Design Builders Inc, DBA NexGen Construction Management, a California Corporation, with its principal place of business at 580 Broadway Street, Laguna Beach, California, 92651 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing construction management and inspection services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional services for the PROMENADE ON FOREST PERMANENT CONVERSION, CIP 21-9972 project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional construction management and inspection services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
Attachment 2
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-2- PROFESSIONAL SERVICES AGREEMENT
3.1.2 Term. The term of this Agreement shall be from February 1, 2026, to December 1, 2026, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Compensation.
3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Three hundred and forty thousand nine hundred and fifty dollars ($340,950) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. 13 14 of 100
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Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:
Senior Construction Manager Sara Bekr, PE, Field Inspector Andrew Squires, an Public Outreach Specialist Kimi Azari.
3.3.5 City's Representative. The City hereby designates City Engineer Thomas Perez, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates Sara Bekr, P.E., or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of 14 15 of 100
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California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 15 16 of 100
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3.3.10 Laws and Regulations; Employee/Labor Certification.
3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.
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3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.3.11 Insurance.
3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $2,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $2,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement 17 18 of 100
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and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability: (1) Additional Insured: The City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) This insurance shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
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3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.3.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the 19 20 of 100
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minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Consultant under this Agreement.
3.3.11.11 Additional Insurance Provisions
(A) If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted.
(B) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(C) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(D) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (E) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(F) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(G) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these 20 21 of 100
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Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.
3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
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3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Termination of Agreement.
3.5.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.5.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6 Indemnification.
3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
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3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.7 General Provisions.
3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.7.2 Independent Contractors and Subcontracting.
3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.
3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: NexGen Design Builders Inc.
580 Broadway St, Suite 205
Laguna Beach, CA 92651
ATTN: Sara Bekr, P.E., Senior Construction Manager
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City: City of Laguna Beach
505 Forest Avenue
Laguna Beach CA 92651
ATTN: Thomas Perez, City Engineer
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.7.4 Ownership of Materials and Confidentiality.
3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless 24 25 of 100
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Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 25 26 of 100
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3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.
3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.
Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
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3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.
SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF LAGUNA BEACH AND
NexGen Design Builders Inc.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF LAGUNA BEACH NEXGEN DESIGN BUILDERS INC
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:
Its:
Printed Name:
By:
Its:
Printed Name:
Approved By:
Dave Kiff
City Manager
Approved as to Form:
_____________________________________
City Attorney
Attested By:
City Clerk
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55852.00003\42823523.1
Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"
SCOPE OF SERVICES
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City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm A Laguna Beach Local PM/CM Firm
ConstrucƟon Management & InspecƟon Services For
Promenade On Forest Permanent Conversion
CIP 21-9972
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City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm To: City of Laguna Beach | Public Works Department
Address: 505 Forest Avenue, Laguna Beach, CA 92651
Dear Mr. Perez,
We, NexGen Design Builders inc, dba NexGen Construction Management, are pleased to submit our proposal for Project Management Services for the Promenade On Forest Permanent Conversion Project (“Project). NexGen is a California corporation, a certified Small Business Enterprise (SBE), a Disadvantaged Business Enterprise (DBE), and a Women’s Business Enterprise (WBE). NexGen specializes in Professional Project Management, Construction Administration, Construction Inspections, Project Controls, StaƯ Augmentation, and other Professional Consulting services. The NexGen team has delivered numerous similar projects for local agencies.
Consultant’s Qualifications | With 20 years of industry experience, NexGen has extensive experience providing construction management and inspection services for public-sector streetscape and pedestrian improvement projects in active business districts and commercial environments. Our team is highly skilled in coordinating complex construction activities, specialty systems, and multiple stakeholders to minimize public and business impacts while maintaining tight schedules. We bring proven expertise in quality assurance, schedule control, labor compliance, and field documentation, delivering projects that meet design intent, regulatory requirements, and the operational needs of California public agencies.
Key Personnel | Our commitment to excellence is demonstrated by a proven record of delivering remarkable, responsive, and results-driven construction management services for complex public works projects. We propose our A team, led by Sara Bekr, PE, who will serve as the Senior Construction Manager for this project.
Sara brings over 2 decades of experience successfully delivering more than 45 infrastructures, site improvements, ground-up, and renovation, including work in active, highly visible environments that require careful coordination and stakeholder engagement. Through disciplined oversight, clear communication, and a consistent focus on accountability, our team has built lasting relationships with public agency clients. As a local firm, we are committed to fostering the same long-term, collaborative partnerships within the communities we serve. This approach has earned us consistently strong evaluations from respected references, several of whom are included here to support this proposal.
Ability to Perform | To safeguard quality, reduce risks, and support the successful delivery of this Project, we are proud to partner with G3 Quality Inc for field inspection services. G3 Quality is a CA-based quality management & construction inspection certified small business with more than 25 years of experience supporting public agencies and a team trained explicitly for projects requiring high-quality inspections. We are also partnering with Public Works Consultants to ensure contractors’ compliance with the Prevailing Wage Requirements. The involvement of these consultants enhances project capacity and reinforces our commitment to excellence.
Cost of Services | Our proposed cost of services includes all incidental expenses. All prevailing wage requirements will be followed. Our proposal is valid for a minimum of 90 days and consists of an additional 200 hours of night/weekend work for the inspector. We appreciate the opportunity to submit this proposal and are confident that our track record of excellence and strong references make us a compelling candidate for this project.
We acknowledge all Q&A responses and addenda issued in PlanetBid. I will serve as the point of contact for all communications regarding the proposal, and I am authorized to sign all matters related to this project.
Sara Bekr, PE
Sr. Construction Manager
CA PE License #C78789
CA Contractor’s License #1075626
Office: 949-419-4145
Email: [email protected]
December 24, 2025
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City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm Contents
QUALIFICATION, RELATED EXPERIENCE & REFERENCES .......................................... 4 Client Testimonials #1 ........................................................................................ 9 Client Testimonials #2 ...................................................................................... 10 STAFFING PLAN & ORG CHART .............................................................................. 11 QUALITY CONTROL APPROACH ............................................................................. 26 WORK PLAN / PROJECT APPROACH / METHOD OF PROVIDING SERVICES ................ 29 VALUE-ADD SERVICES .......................................................................................... 35 32 33 of 100
City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm
QUALIFICATION, RELATED EXPERIENCE &
REFERENCES
33 34 of 100
City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm Capabilities & Length of Experience | NexGen Construction Management specializes in comprehensive project management services, with nearly two decades of proven success managing public and private projects of varying complexity. The company’s core competencies encompass construction management, project management, construction administration, project controls, and staƯ augmentation. NexGen provides an integrated approach that covers every stage from planning to design through final turnover.
NexGen Construction Management was established to deliver high-quality project management services tailored to the evolving needs of public agencies and private-sector clients in Southern California. From its inception, the company has focused on building a reputation grounded in integrity, technical excellence, and client-centered service. Over the years, NexGen has grown steadily, expanding its expertise and workforce to address increasingly complex projects while maintaining its commitment to personalized attention and responsiveness.
Business Info Current Insurances Licenses & Certifications Structure: S Corp.
Entity # C4238320
EIN # 85-2172516
Phone # 9494194145
DUNS # 104451440
SAMS# KZ8CKCWAUN4
DIR # PW-LR1000841474
General Liability: $4 Million (aggregate)
$2 Million (occurrence)
Professional Liability: $2 Million (aggregate)
$2 Million (occurrence)
Commercial Auto Liability: $1 Mill
Workers’ Compensation: $1 Mill
CSLB A # 1075626
PE # CA Civil 79798
DBE | LA Metro | CUCP
Other Certifications
SBE: CA Dept. of General Services
WBE: Supplier Clearing House
OCLSB: OC Small Business
Financial Condition | NexGen is financially stable, is not involved in bankruptcy proceedings or mergers, and has no conditions that may impede its ability to complete any projects. NexGen has no outstanding or pending complaints, as determined by the Better Business Bureau and the State of California Department of Consumer AƯairs. NexGen has no controlling or financial interests in any other organization and is not owned or controlled by any other person or organization. NexGen has no litigation or judgments entered against it by any local, state, or federal entity, and has had none since inception. NexGen has no past or current personal relationship with the City personnel or oƯicials.
Key Personnel Qualifications & Responsibilities | Our company’s qualifications are built on a foundation of expertise developed through decades of successfully managing projects for Fortune 500 corporations, public utilities, and government agencies in the commercial and industrial sectors. Supported by formal education, professional licenses, and specialized training, this extensive experience perfectly positions us to meet your project's unique demands.
For this project, we are proposing the following dedicated personnel:
Construction Manager: Sara Bekr, PE - NexGen CM
Lead Cost & Schedule Controller: Norm Lin - NexGen CM Public Outreach Specialist: Kimi Azari – NexGen CM
Assistant Project Manager: Gayle Krysta Villatema - NexGen CM Assistant Project Manager (Back up): Mona Hernandez – NexGen CM Field Inspector (Day Time): Andrew Squires - G3 Quality Inc Field Inspector (Night & Weekends): Michael Heil - G3 Quality Inc Field Inspector (Back up): Cody Martinez - G3 Quality Inc Labor Compliance Manager: Kenia Alvarez - Public Works Consultants Please refer to the “StaƯing & Organization chart” section for details on each individual's qualifications. 34 35 of 100
City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm Relevant Project Experience | Mrs. Bekr was the lead Project Manager on the City of Garden Grove Bicycle Corridor Improvement Project (BCIP), which delivered 15 miles of “complete streets” bicycle improvements across five major arterial corridors, that impacted driveways, storefront access, deliveries, and side street circulations as follows:
Chapman Ave (Valley View St–Beach Blvd) – NIGHT WORK - 6.35 miles
West St (Garden Grove Blvd–Orangewood Ave) – DAY WORK - 1.5 miles
Brookhurst St (Trask Ave–Katella Ave) – NIGHT WORK - 5 miles Gilbert St (Deodora Dr/Westminster Blvd) – DAY WORK - 1.5 miles Lampson Ave (Dale St–Haster) – NIGHT WORK - 6.35 miles The project focused on roadway rebalancing and restriping to implement new/updated bike lanes with buƯered thermoplastic striping, plus intersection detection upgrades (video detection and bike loops) and wayfinding signage, all delivered under a fast, high-public-impact construction window that included night & weekend work. The project required intensive stakeholder coordination to maintain safe mobility and access for adjacent businesses and residents while implementing improvements in live traƯic conditions on major commercial corridors.
Why is the BCIP project similar to the City of Laguna Beach Promenade on Forest Conversion Project? The Promenade on Forest Permanent Conversion project is located on Forest Avenue between PCH and Glenneyre Street, in a very dense downtown commercial block. Like Mrs. Bekr’s BCIP project, it is a high-visibility public rightof-way project where Ms. Bekr successfully maintained access and minimized disruption to adjacent merchants, business owners, and the public by scheduling work at night.
On the BCIP project, Ms. Bekr executed complex, multidisciplinary street improvements, including demolition, hardscape, lighting, drainage, and other systems. She managed specialty coordination and commissioning for nonstandard elements similar to those in this project.
In summary, the BCIP and Promenade conversion are both community-facing “place + mobility” corridor projects implemented in active commercial settings, requiring tight schedule control, traƯic/pedestrian safety planning, and ongoing stakeholder communication, which Ms. Bekr has successfully managed on multiple occasions.
Specific Project Reference:
Alana Cheng – Economic Development & Housing Department - [email protected] – Direct: (714) 741-5998 What makes us the right partner?
NexGen served as Project Manager for the City of Garden Grove Bicycle Corridor Improvement Project, managing the design team and contractor through construction in active, high-traƯic corridors. The project was delivered on time and under budget, with full regulatory compliance and successful Caltrans inspections. This experience directly parallels the City of Laguna Beach’s Promenade on Forest project, which demands disciplined schedule control, stakeholder coordination in a dense commercial setting, and oversight of complex public-realm improvements. Our proven ability to manage high-visibility infrastructure projects while minimizing business and public impacts positions NexGen Construction Management as a trusted partner for successful delivery. 35 36 of 100
City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm Relevant Project Experience | Mrs. Bekr was the lead Construction Manager on the Caltrans Fencing Improvement Project (CFIP), which was a public right-of-way improvement project focused on the installation and replacement of Caltrans-compliant safety fencing, decorative paving, gravel, rip rap and landscaping (vines & palm trees) within active transportation corridors, in residential and commercial zones across the City of Westminster and the City of Garden Grove.
The project required strict adherence to Caltrans standards and inspection protocols, coordination with regulatory agencies, and careful sequencing of work in live-traƯic and pedestrian environments, including schools, car dealerships, grocery stores, Costco, restaurants, and other commercial facilities. Construction activities were executed adjacent to developed urban land uses, requiring ongoing coordination to maintain safety, access, and public convenience. The project was successfully delivered in compliance with all applicable Caltrans requirements, with inspections passed and no disruption to surrounding community operations. Some of the areas are mentioned below (but not limited to):
Pearce Pedestrian Bridge: North & South of the Pearce Pedestrian Bridge, along the 22 Freeway, west of Wintersburg Channel.
Beach Blvd – Freeway 22: North side of the Beach Blvd entry ramp, heading westbound onto the 22 Freeway. Trask Ave – Freeway 22: North and South side of the 22 Freeway, at Trask Avenue, between Newhope Street and Harbor Blvd.
Why is the CFIP project similar to the City of Laguna Beach Promenade on Forest Conversion Project? The Caltrans Fencing Improvement Project (CFIP) is highly comparable to the City of Laguna Beach’s Promenade on Forest project in both delivery complexity and
execution environment. CFIP required construction
management oversight within an active public rightof-way, strict adherence to Caltrans standards and inspection protocols, and continuous coordination to
maintain public safety and access adjacent to
developed urban uses. Similarly, the Promenade on
Forest project involves construction in a constrained
downtown corridor, integration of Caltrans-standard
elements, and heightened coordination with businesses, residents, and regulatory agencies. In both projects, NexGen will manage disciplined schedule control, proactive issue resolution, and meticulous documentation— core competencies demonstrated through the successful delivery of all projects.
Specific Project References:
Eric Dickson – Caltrans Project Manager - [email protected] – Direct: (657) 328-6201 Eric Corona – Caltrans Program Manager - [email protected] – Direct: (949) 279-9092 What makes us the right partner?
NexGen served as Construction Manager for the Caltrans Fencing Improvement Project (CFIP), providing comprehensive oversight of contractor activities in an active public right-of-way and ensuring full compliance with Caltrans requirements. Our Construction Manager brings expert knowledge of construction management practices and techniques, including construction scheduling; change order analysis and negotiation; shop drawing and material submittal review; RFI management; progress payment review and approval; and preparation of detailed construction progress reports, as required under Section IV of this RFP. This direct experience managing regulated, high-visibility public infrastructure projects positions us as a capable and reliable partner for the successful delivery of the Promenade on Forest project.
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City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm Relevant Project Experience | Mr. Squires was the field inspector on the Walnut Park project with the LA County Public Works Department, which is similar to this project: a 7.1-mile corridor rehabilitation spanning multiple residential and commercial neighborhoods in Walnut Park. Improvements included roadway reconstruction, cold milling, pavement replacement, new asphalt paving, new concrete, cement-stabilized pulverized base, concrete curb, gutter, sidewalks, and ADA-compliant ramps.
We are the right partner for the City of Laguna Beach because Mr. Squires provided inspection services with a focus on maintaining safe pedestrian routes and coordinating access for residents and neighborhood businesses throughout the multi-street construction sequence.
Relevant Project Experience | The City of Cypress Arterial Street Rehabilitation Project was a vital initiative to enhance the safety, functionality, and longevity of key arterial roadways within the city. The project focused on improving the condition of heavily traƯicked streets, including Valley View Street and Moody Street, through comprehensive pavement rehabilitation measures. Key activities included a 2-inch full-width grind of the existing pavement, followed by an Asphalt Rubber Hot Mix (ARHM) overlay to restore surface quality and improve durability.
Andrew Squires delivered comprehensive Inspection services to support the project.
Kevin Chin – Associate Engineer – [email protected] – Direct: (714)229-6759 Relevant Project Experience | The Community Center Courtyard (West) project encompasses approximately one acre between City Hall and the Carson Event Center and is designed to convert the existing open landscaped area into a flexible outdoor space for public and private events. Key features include grading part of a mound to install a 1,000-square-foot stage with an adjacent audience area, a pergola next to Hall A, and an expanded courtyard outside Room 107 featuring a lit waterfall, landscaping, and a matching pergola. The site will be enhanced with new lighting, decorative paving, and updated landscaping. The east parking lot will also be reconfigured by removing a planter to create a usable space without aƯecting parking capacity.
We are the right partner for the City of Laguna Beach because Andrew provided inspection services within this highly visited civic complex, supporting staged construction while maintaining clear access to event spaces, parking areas, and public walkways.
Relevant Project Experience | provided construction inspection and materials testing for the City of Inglewood’s Century Boulevard Mobility Improvements project, a major arterial rehabilitation between Inglewood Avenue and Doty Avenue. Work included full-depth roadway reconstruction incorporating CSPB, Class 2 Aggregate Subbase, CMB, HMA, and PCC, constructed in accordance with the 2012 Greenbook and 2010 Caltrans standards. G3 verified material placement, performed compaction and density testing, sampled and tested base, HMA, and PCC, and supported quality documentation. Through close coordination with the contractor and City staƯ, the team helped deliver a durable, high-traƯic urban corridor that met all performance requirements.
We are the right partner for the City of Laguna Beach because Andrew provided inspection services along this heavily traveled commercial corridor, helping maintain business access, pedestrian circulation, and safe work zones.
What makes us the right partner?
We are the right partner for the City of Laguna Beach because our inspector, Mr Squires, successfully performed field inspection and testing on high-volume arterial streets, helping manage traƯic control and pedestrian routing around active roadway and frontage improvements.
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City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm Client TesƟmonials #1
“I would rate my satisfaction with NexGen’s project
management services as a 9 out of 10. The team was highly professional, providing organized and eƯective
communication throughout the project. They strictly
adhered to the project timelines and milestones, ensuring that the project was finished on time. The professionalism and conduct of the project management team were
exemplary, and they maintained a high level of organization.
Compared to other firms in the industry, NexGen’s services stood out. The Construction Managers kept everything
organized and on schedule, which was particularly
impressive. The detailed charts and outlines provided were outstanding, making the entire process smooth and
eƯicient.
I would highly recommend NexGen’s construction
management services to other Cities.”
David Dent – Chief Building OƯicial (CBO)
City of Garden Grove [email protected] –(714)741-5307
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City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm Client TesƟmonials #2
“NexGen has delivered exceptional service in facilitating our Capital projects and RFP processes. NexGen’s extensive experience in construction bid processes and project management, coupled with their engineering background, ensured meticulous oversight across all project phases, from architectural design to post-construction.
Their reliability in meeting deadlines, clear and transparent communication through regular updates, and adept management of vendor relationships have been commendable.
Sara’s role as a Sr. construction manager eƯectively bridged between our City’s needs and vendor requirements, ensuring compliance with project specs and eƯicient project delivery. NexGen’s selection as the construction manager for our Central Cities Navigation Center further underscores its capabilities.
NexGen’s oversight of the bidding process, contractor onboarding, and external vendor management demonstrated exemplary budget control and adherence to the expedited timelines.
NexGen’s performance on our major capital construction project was OUTSTANDING.
NexGen’s team adjusted to new unforeseen decisions very quickly and their work was exemplary.
I confidently recommend NexGen team for any City future project requiring top-tier project and construction management expertise.
Alana Cheng – Economic Development & Housing Dept.
City of Garden Grove [email protected]
(714)741-5998
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City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm
STAFFING PLAN & ORG CHART
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City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm NexGen Construction Management is proud to present a cohesive, high-performing “A-Team” of licensed and certified professionals, each carefully selected and committed to the successful delivery of the Promenade on Forest Permanent Conversion Project. All proposed personnel are fully dedicated and will remain available throughout the contract to ensure consistent performance and accountability.
As a Laguna Beach-based PM/CM firm, we provide the City with a significant strategic advantage: unmatched responsiveness and immediate site access. Whether day or night, our team is on-site at a moment’s notice, ensuring close coordination with contractors, real-time resolution of field issues, and minimal disruption to downtown businesses and residents.
The success of this project depends on a qualified, well-integrated team. NexGen oƯers the City a group of respected, professionally recognized leaders in their fields—who will serve as a seamless extension of City staƯ.
With deep familiarity with local expectations, regulatory compliance, and public interface, our team will uphold the highest standards of quality and reliability on the City’s behalf. 41 42 of 100
City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm Key Personnel Bios
Sr. Construction Manager: Sara Bekr, PE, CSLB A | Senior Construction Manager (75+Miles / $20+Mill public right of way projects in last 2 years alone)
For this project, we have selected Mrs. Bekr as the dedicated Sr. Construction Manager due to her exceptional qualifications and alignment with the project's technical and strategic needs. Ms. Bekr is a licensed Civil/Structural Engineer in California and a licensed Civil Contractor. Mrs. Bekr brings a deep understanding of complex design and construction details, enabling her to manage every phase of the project with precision. Her decades of experience delivering best-in-class project management services speak to her ability to
navigate complex challenges while maintaining a
flexible, solutions-oriented approach. Known for
her meticulous attention to detail and unwavering
commitment to quality, Mrs. Bekr ensures that every aspect of the project is executed to the highest standards. Her
proven track record of performance guarantees a responsive, tailored, and value-driven service.
Mrs. Bekr’s distinguished career reflects a legacy of excellence, technical mastery, and unmatched leadership. She has successfully led the full lifecycle of hundreds of highstakes projects, coordinating extensively with neighboring residents and businesses and demonstrating exceptional control over every phase from Engineering and Permitting through Construction, Move-In, and Closeout.
Mrs. Bekr is a Civil/Structural engineer, so she has in-depth expertise to review the RFI questions and the proper knowledge and training to ensure the architect’s responses are safe, economically sound, and in the best interest of the City. Mrs. Bekr will apply the same expertise to the submittal reviews and change order negotiations to ensure ample cost savings for the City. Ms. Bekr can perform the structural observations and structural deputy inspections herself to save cost if approved by the City.
Lead Cost and Schedule Controller: We are assigning Mr. Norman Lin as the Lead Project Controls, responsible for cost and schedule reviews on an as-needed basis. Mr. Lin has over 40 years of experience managing project budgets and schedules on projects ranging from $500 Mill to $6.6 Billion in total installed cost.
The Lead Cost Controller and Lead Scheduler will provide integrated, proactive management of the project’s budget and construction schedule to support the City’s accelerated delivery goals and critical completion deadline. This role will be responsible for reviewing and managing the Contractor’s CPM schedule, identifying critical path activities, monitoring float, validating schedule updates, and implementing corrective actions to prevent delays.
Given the importance of completing the project before the start of the June 2026 tourist season, the Lead Scheduler will closely monitor schedule compliance, enforce recovery plans as needed, and support shortinterval and two-week look-ahead planning. Concurrently, the Lead Cost Controller will support the Construction Manager in tracking project costs, reviewing and validating progress payments, analyzing change orders and potential claims, forecasting budget impacts, and aligning cost exposure with schedule performance. By integrating schedule and cost controls, this role ensures early risk identification and helps keep the project on schedule and within the approved budget.
Benefits to the City
Increased certainty of achieving substantial completion before the June 2026 tourist season Proactive identification and mitigation of schedule risks on a fast-track project 42 43 of 100
City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm Strong control of critical path activities in a constrained downtown environment Early visibility into cost impacts tied to schedule changes or recovery measures Timely, defensible review of progress payments, change orders, and extra work Reduced risk of claims through clear documentation and schedule accountability Transparent, integrated reporting that supports informed City decision-making Field Inspectors: We are assigning Andrew Squires to the role of daytime field inspector. Mr. Squires is an experienced infrastructure inspector with extensive experience in pedestrian-heavy, business-fronting street improvement projects, where maintaining access to shops, restaurants, and community facilities is critical. Andrew is skilled in coordinating with contractors, City representatives, and property owners to communicate phasing, ensure safe public access, and minimize disruption during construction.
Mr. Squires background spans roadway reconstruction, mobility improvements, ADA upgrades, park & community center enhancements, and complex urban corridor rehabilitation, demonstrating his ability to support projects within busy commercial districts and neighborhood hubs successfully. Mr. Squires has in depth knowledge of Greenbook, Caltrans standards, OSHA, prevailing wages, BMPs, and WPCP. On the Walnut Park project, Andrew provided inspection services focused on maintaining safe pedestrian routes and extensive access coordination for residents and neighboring businesses throughout the multi-street construction sequence, which is why he is the perfect candidate for the Forecast promenade conversion project.
On the Century Boulevard Mobility Improvement project, Andrew Squires provided inspection services along a very heavily traveled commercial corridor, helping maintain business access, pedestrian circulation, and safe work zones.
On the Mills Park Improvement project, Andrew provided inspection services while coordinating construction activities around a very active community facility, ensuring safe public access to park areas and walkways during construction.
On the Community Center Courtyard and Parking Lot Improvement Project, Andrew provided inspection services within this highly visited civic complex, supporting staged construction while maintaining clear access to event spaces, parking areas and public walkways. On the Arterial Street rehabilitation project, Mr. Squires conducted field inspections on high-volume arterial streets, helping manage traƯic control and pedestrian routes around active roadways and frontage improvements.
ACI Concrete Field-Testing Technician – Gr1 ACI Aggregate Testing Level 1 AWS Certified Welding Inspector ACI Concrete Strength Testing Technician ICC Concrete Lab Testing Level 1 CTM Certification
ACI Concrete Lab Testing Level 2 Strong Caltrans/Greenbook knowledge Strong infrastructure inspection and material testing experience Additionally, we are assigning Michael Heil as the night & weekend inspector. Mr. Heil brings 34 years of industry experience, including the last 14 years as the lead QA/QC inspector on major commercial and public infrastructure projects. His portfolio includes SOFI Stadium, Kaiser facilities, METRO, West Basin Water District, and the Port of Long Beach, demonstrating his ability to oversee complex, multi-trade construction with rigorous quality and documentation standards. Michael has deep knowledge of construction disciplines, quality control procedures, and modern project delivery methods, supported by experience under strict regulatory authorities such as HCAI and DSA. Proficient in BIM 360, Procore, Fieldwire, and VEO, he ensures eƯicient coordination and reporting. With a career foundation in the trades, including carpentry, reinforcing steel, concrete operations, and batch plant management, Michael brings practical field insight, strong contractor rapport, and the technical expertise of a Certified Welding Inspector (CWI) with recent experience on large-scale mechanical and plumbing systems. 43 44 of 100
City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm On the Legends Project, Michael was the lead inspector responsible for overseeing 20 inspectors on site. In this role, he interfaced with the client and project team, attended daily meetings, and maintained a strong field presence to ensure project success. He coordinated manpower, distributed assignments, reviewed reports, and tracked discrepancies for resolution with the contractor, design team, and the City of Inglewood. His eƯorts contributed to an organized sign-oƯ for occupancy, reinforced confidence in the inspection process, and helped deliver the project on schedule and under budget. Michael will provide the same leadership on QA/QC process to this project for the City of Laguna Beach.
On the UCLA Luskin Conference & Guest Center project, Michael performed masonry, welding, soils, and asphalt inspections throughout construction and assisted with close-out operations and punch list completion.
On the Kaiser Permanente Project, Mr. Heil served as the lead inspector, overseeing concrete, seismic bracing, and welding inspections while managing more than 25 inspectors across multiple sites nationwide. He coordinated manpower, adjusted schedules to maintain budget control, and tracked the resolution of discrepancies with the contractor, design team, and HCAI. His management ensured the project finished on schedule and under budget.
Mr. Heil’s extensive list of certifications/licenses includes:
ACI Concrete Field Testing Technician – Gr1 ICC Structural Steel and Bolting AWS Certified Welding Inspector ICC Spray-Applied Fireproofing ICC Reinforced Concrete Certification ICC Soils Inspection Certification ICC Structural Masonry Certification LA County Concrete Certification ICC Structural Welding Certification LA County Welding Certification OSHA 10-hour safety Certification
Labor Compliance Administrator (LCA): To fulfill labor compliance requirements, we have appointed Kenia Alvarez as the designated Labor Compliance Administrator (LCA) for this project. Mrs. Alvarez will conduct monthly audits of all contractors, subcontractors, and City vendors to ensure full compliance with California labor laws, including Prevailing Wage requirements, Certified Payroll Record (CPR) submission, and all applicable Public Works regulations under Labor Code sections 1720–1861. With over 15 years of experience in labor compliance management, Mrs. Alvarez brings extensive knowledge of compliance monitoring, funding source requirements, and reporting protocols necessary to support the project. Our team is committed to ensuring that all project activities comply strictly with the Department of Industrial Relations (DIR) standards and the requirements of other governing agencies. This approach mitigates risk and supports successful project delivery.
Public Outreach Specialist:
Dedicated Public Outreach Support: Given the project’s location in an active downtown commercial corridor, we have assigned Kimi Azari as the Public Outreach Specialist to serve as the primary point of contact for adjacent businesses and stakeholders, ensuring clear communication and timely issue resolution to minimize impacts. "NexGen Construction Management is fully capable of leading a complex and multidisciplinary team of experts with seamless coordination. Our Lead Construction Manager, Sara Bekr, PE, has successfully managed this same group on multiple high-profile infrastructure projects, consistently delivering on schedule, within budget, and meeting quality expectations. Her proven leadership ensures that every team member operates with precision and accountability."
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City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm
RESUMES
SARA BEKR, P.E.
Construction Management Consulting
Sara Bekr is an ambitious, highly skilled engineering and program management professional with 20 years of experience delivering complex capital projects across infrastructure, utilities, energy, and public facilities. Her background spans project, program, and construction management, combining strong technical expertise with exceptional leadership, organizational, and communication skills. Sara is recognized for her ability to lead multidisciplinary teams, manage large capital portfolios, and proactively resolve risks while maintaining alignment with scope, schedule, cost, quality, and safety objectives. She builds trusted relationships with executives, clients, contractors, consultants, and public stakeholders to consistently deliver successful outcomes.
RELEVANT EXPERIENCE SNAPSHOT
Organization: NexGen Design Builders, Inc., Laguna Beach, CA Role: Senior Program / Project Management Consultant
NexGen Design Builders provides professional engineering, construction, program management, project management, construction management, and staƯ augmentation services to Local, State, and Federal agencies.
Sara provides senior-level consulting services supporting public and private sector clients.
Her responsibilities include program oversight, capital planning, coordination with consultants and contractors, procurement support, financial management, risk mitigation, and executive reporting across multiple concurrent initiatives.
Project Portfolio: Southern California Edison (SCE)
Role: Senior Program Manager – Southern California Region Time on Project: 2017 – 2020
Representative Projects:
Rector Substation Maintenance & Building. Blythe Service Center & Regional Service Centers. G01 Workplace Upgrade. G01 Seismic Upgrade & Remodel EIX C-Suite Remodel
Sara managed a $120M+ annual capital construction portfolio, directing project managers and multidisciplinary teams through all phases of project delivery.
Duties and Responsibilities:
Directed projects with a focus on scope, cost, schedule, quality, and risk management
Managed program budgeting, forecasting, cash flow, and monthly reporting Developed and maintained 5-Year Capital Budget Operating Plans Prepared cost-loaded master schedules and implemented recovery plans Prepared bid packages, led bid conferences, and supported procurement Developed RFPs, evaluation criteria, and performed technical and cost analyses Supported contract negotiations and claim resolution
Prepared and presented executive-level project status reports Oversaw QA/QC, inspections, and safety compliance
Maintained RFIs, change orders, submittals, RFQs, and construction logs Led coordination meetings and documented meeting minutes Collected as-built drawings, warranties, O&M manuals, and close-out documents Reduced program risk through early identification and mitigation strategies
EXPERIENCE
20 Years
YEARS WITH NEXGEN: 5
EDUCATION • Bachelor of Science, Civil
Engineering — UC Irvine,
2007
CERTIFICATIONS • Professional Engineer
(P.E.), License #C73978 • General Contractor’s
License, #A1075626 • Harvard Business School —
The New Leader Program,
2013 • DBE (LA Metro / CPUP) • SBE (CA DGS / LA County
Metro #50777) • WBE (Supplier
Clearinghouse) • OCLSB (Orange County) • LSBE (LA County) WHY SARA? • Executive-Level Program &
Portfolio Leadership • Proven Delivery of LargeScale Capital Programs • Strong Financial, Schedule & Risk Controls • Clear Communicator with
Excellent Client &
Stakeholder Skills
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City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm
NORMAN LIN
Project Controls Director
He brings deep expertise in project controls management, planning and scheduling, cost control, change management, estimating, and risk management across FEED/FEL, EPC, and turnaround executions.
Norman has supported multi-billion-dollar capital programs, first-oftheir-kind energy facilities, and highly complex, multi-licensor projects requiring global coordination and rigorous controls.
Norman Lin is a senior Project Controls professional with 40 years of experience supporting major engineering, procurement, and construction (EPC) programs for refineries, petrochemical, chemical, power, and oil & gas production facilities across the United States and internationally, including the Middle East.
Norman is well versed in managing dispersed execution teams, modularized construction strategies, aggressive schedules, and government-funded reporting requirements. His experience spans grassroots developments, revamps, upgrades, and modernization programs where precision planning and disciplined project controls are critical to success.
RELEVANT EXPERIENCE SNAPSHOT
Organization: NexGen Design Builders, Inc. Laguna Beach, CA Role: Senior Project Controls Lead
Norman has served in senior project controls leadership roles across a wide range of capital programs, providing oversight of planning, scheduling, cost control, change management, estimating, forecasting, and reporting.
Organization: Fluor Daniel, Inc.
Roles: Project Controls Director / Manager / Lead Planner Time with Firm: 1985 – 2020
Norman has served in senior project controls leadership roles across a wide range of capital programs, providing oversight of planning, scheduling, cost control, change management, estimating, forecasting, and reporting.
Project Name: Sasol Lake Charles Chemicals Project
Location: Lake Charles, Louisiana
Role: Project Controls Manager (FEED)
Multi-billion-dollar grassroots chemical complex including Ethylene Cracker, EO/EG, polyethylene units, utilities, and oƯ-sites, with significant modularization executed in Asia.
Duties and Description:
Led project controls for reimbursable FEED phase
Managed coordination with multiple licensors and international engineering contractors Supported planning for a six-year execution, including engineering, procurement, module fabrication, construction, and start-up
Supported controls planning for a construction workforce exceeding 5,000 craft personnel
EXPERIENCE
40 Years
EDUCATION • Bachelor of Architecture —
University of Texas at
Austin • Master of Architecture —
University of California,
Berkeley
WHY NORMAN? • 40 Years of Global Project
Controls Leadership • Deep FEED, FEL & EPC
Execution Expertise • Proven Performance on
Multi-Billion-Dollar
Programs • Expert in Complex, MultiLicensor & Modularized Projects
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City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm Project Name: Hydrogen Energy California (HECA) Project Location: Kern County, California
Role: Project Controls Manager (FEED)
First-of-its-kind 400MW IGCC poly-generation plant with 90% carbon capture and federal ARRA funding.
Duties and Description:
Led lump-sum FEED controls with full process and licensor integration Coordinated multiple licensors (Gasification, AGR, Urea, Ammonia, UAN) Supported compliance with government funding and reporting requirements Managed an aggressive 15-month FEED schedule
Project Name: Summit Texas Clean Energy Project
Location: Penwell, Texas
Role: Project Controls Manager (FEED)
400MW IGCC facility with 90% carbon capture supported by $450M in ARRA and DOE funding.
Duties and Description:
Led project controls for lump-sum FEED execution
Coordinated global licensors and EPC partners across multiple time zones Supported concurrent EPC contract development to achieve financial close Managed cost and schedule integration across independently contracted licensors Project Name: Marathon Detroit Heavy Oil Upgrade
Location: Detroit, Michigan
Role: Lead Project Planner (EPC)
Project Value: $2.2 Billion
Duties and Description:
Led EPC planning for a major refinery upgrade including new Coker, DHT, Sulfur Block, and multiple unit revamps
Supported refinery-wide turnarounds during execution
Managed re-planning eƯorts driven by cash-flow constraints and execution changes Supported rigorous client reporting and forecasting requirements Project Portfolio: ExxonMobil, TOTAL, Valero, Chevron, Texaco Roles: Project Controls Manager / Lead Planner
Representative Projects:
ExxonMobil Baytown Coker Revamp & OƯsites — $127M
TOTAL Petrochemicals Deep Conversion — Multi-Billion-Dollar Exxon ParaƯinic Lubes Upgrade — Completed 11% under budget Valero MTBE / TAME / Butamer Projects
Chevron Coke Drum Reliability — $157M
Duties and Description:
Led project controls teams through FEL, FEED, EPC, and turnaround phases Developed and maintained cost and schedule baselines
Implemented change management programs and forecasting tools Supported incentive-based contracts with aggressive cost and schedule targets Coordinated globally dispersed engineering, procurement, and construction teams Early Career Experience
Norman’s early career includes planning and scheduling roles supporting Aramco, BP Alaska, SABIC, Exxon, Kodak, and Sohio, providing him with a strong foundation in grassroots facilities, extreme-environment construction, modularization, and refinery operations.
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City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm
ANDREW SQUIRES
Inspector
Andrew is an experienced infrastructure inspector and materials testing technician with 11 years of construction inspection experience. He is highly knowledgeable in the inspection and testing of soils, aggregates, concrete, and asphalt in accordance with ACI, Caltrans, and Greenbook standards and holds multiple ACI certifications, including Concrete Strength Testing. Andrew’s field experience includes pedestrian-heavy, business-fronting street improvement projects where maintaining access to shops, restaurants, and community facilities is critical. He is skilled in coordinating with contractors, City representatives, and property owners to communicate phasing, ensure safe public access, and minimize disruptions during construction. His background spans roadway reconstruction, mobility improvements, ADA upgrades, park and community-center enhancements, and complex urban corridor rehabilitation, demonstrating his ability to successfully support projects within busy commercial districts and neighborhood hubs.
RELEVANT EXPERIENCE SNAPSHOT
Project Name and Location: Walnut Park – Walnut Street, Los Angeles County, California
Project Owner: Los Angeles County Department of Public Works Time on Project: 2024
Project Role: Inspector
Duties and Description: The Walnut Park project for Los Angeles County Public Works is a 7.10-mile corridor rehabilitation spanning multiple residential and commercial neighborhoods in the unincorporated community of Walnut Park.
Improvements included full roadway reconstruction, cold milling, pavement replacement, and new asphalt paving across several streets, along with installation of Asphalt Concrete (AC), Asphalt Rubber Hot Mix (ARHM), Cold Central Plant Recycled Asphalt Concrete Pavement (CCPRACP), CementStabilized Pulverized Base (CSPB), and Portland Cement Concrete (PCC) curb, gutter, sidewalk, and ADA-compliant curb ramps. Andrew provided inspection services with a focus on maintaining safe pedestrian routes and coordinating access for residents and neighborhood businesses throughout the multi-street construction sequence.
Project Name and Location: Century Boulevard Mobility Improvements, Inglewood, California Project Owner: City of Inglewood
Time on Project: 2019
Project Role: Inspector
Duties and Description: G3 provided construction inspection and materials testing for the City of Inglewood’s Century Boulevard Mobility Improvements project, a major arterial rehabilitation between Inglewood Avenue and Doty Avenue. Work included full-depth roadway reconstruction incorporating CSPB, Class 2 Aggregate Subbase, CMB, HMA, and PCC, constructed in accordance with the 2012 Greenbook and 2010 Caltrans standards. G3 verified material placement, performed compaction and density testing, sampled and tested base, HMA, and PCC, and supported quality documentation. Through close coordination with the contractor and City staƯ, the team helped deliver a durable, high-traƯic urban corridor that met all performance requirements. Andrew provided inspection services along this heavily traveled commercial corridor, helping maintain business access, pedestrian circulation, and safe work zones.
Project Name and Location: Mills Park Site Improvements, Carson, California Project Owner: City of Carson
Time on Project: 2025
Project Role: Inspector
EXPERIENCE
11 Years
CERTIFICATIONS • ACI Concrete Field Grade 1 • ACI Concrete Lab Testing Level 1 • ACI Concrete Lab Testing
Level 2 • ACI Aggregate Testing Level
1 • ACI Concrete Strength
Testing Technician • CTM Certifications
WHY ANDREW? • QA/QC Inspection
Experience • Strong
Caltrans/Greenbook
knowledge • Infrastructure Inspection
and Material Testing
Experience • Clear communicator with
public and contractor
coordination skills
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City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm Duties and Description: Mills Park spans approximately 4.45 acres (195,000 sq. ft.) and is centrally located in the City of Carson, surrounded by single-family homes. The improvements are primarily taking place on the easterly half of the park. The project scope includes adjustments to the irrigation system, with most turf areas remaining intact. Enhancements include a larger playground with a rubberized surface and the conversion of the existing halfcourt into a full basketball court. Additionally, the fitness area is receiving a shade cover, new picnic shelters will be installed, and the concrete walkways throughout the park will be improved. Andrew provided inspection services while coordinating construction activities around active community facilities, ensuring safe public access to park areas and walkways during work.
Project Name and Location: Community Center Courtyard and Parking Lot Improvements, Carson, California Project Owner: City of Carson
Time on Project: 2025
Project Role: Inspector
Duties and Description: The Community Center Courtyard (West) project encompasses approximately one acre between City Hall and the Carson Event Center and is designed to convert the existing open landscaped area into a flexible outdoor space for public and private events. Key features include grading part of a mound to install a 1,000- square-foot stage with an adjacent audience area, a pergola next to Hall A, and an expanded courtyard outside Room 107 featuring a lit waterfall, landscaping, and a matching pergola. The site will be enhanced with new lighting, decorative paving, and updated landscaping. The east parking lot will also be reconfigured by removing a planter to create a usable event space without aƯecting parking capacity. G3 is supporting the project with comprehensive inspection and testing services, including compaction testing, HMA, concrete, and masonry inspection, as well as laboratory testing and daily reporting. Andrew provided inspection services within this highly visited civic complex, supporting staged construction while maintaining clear access to event spaces, parking areas, and public walkways.
Project Name and Location: Arterial Street Rehabilitation Project, Cypress, California Project Owner: City of Cypress
Time on Project: 2025
Project Role: Field Technician
Duties and Description: The City of Cypress Arterial Street Rehabilitation Project was a vital initiative aimed at enhancing the safety, functionality, and longevity of key arterial roadways within the city. The project focused on improving the condition of heavily traƯicked streets, including Valley View Street and Moody Street, through comprehensive pavement rehabilitation measures. Key activities included a 2-inch full-width grind of the existing pavement, followed by the application of an Asphalt Rubber Hot Mix (ARHM) overlay to restore surface quality and increase durability. Andrew performed field inspection and testing on high-volume arterial streets, helping manage traƯic control and pedestrian routing around active roadway and frontage improvements. 49 50 of 100
City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm
MICHAEL HEIL
Inspector
Michael brings 34 years of industry experience, including 14 years as a construction inspector and extensive tenure as a lead QA/QC inspector on major commercial, healthcare, institutional, and public-infrastructure projects. His portfolio includes SOFI Stadium, Kaiser facilities, METRO, West Basin Water District, and the Port of Long Beach, demonstrating his ability to oversee complex, multi-trade construction with rigorous quality and documentation standards.
Michael has deep knowledge of construction disciplines, quality control procedures, and modern project delivery methods, supported by experience under strict regulatory authorities such as HCAI and DSA. Proficient in BIM 360, Procore, Fieldwire, and VEO, he ensures eƯicient coordination and reporting. With a career foundation in the trades, including carpentry, reinforcing steel, concrete operations, and batch plant management, Michael brings practical field insight, strong contractor rapport, and the technical expertise of a Certified Welding Inspector (CWI) with recent experience on large-scale mechanical and plumbing systems.
RELEVANT EXPERIENCE SNAPSHOT
Project Name and Location: Spring Street Pumping Plant, Los Angeles County, California
Project Owner: Los Angeles County Sanitation District
Time on Project: 2025 – Present
Project Role: Inspector
Duties and Description: The project upgrades and repairs the existing pumping plant and includes installation of a permanent standby generator; construction of a new below-ground electrical and control room; rehabilitation of the existing sewage wet well; replacement of three existing pumps and associated piping; civil site improvements; upgrades to the existing electrical, instrumentation, and mechanical systems; and all appurtenant work. The Districts furnish the permanent standby generator, sewage pumps, and check valves. Michael is providing the required field observation and inspection services.
Project Name and Location: *Legends Project Development – YouTube Theater Performance Venue, Inglewood, California
Project Owner: Legends Project Development
Time on Project: 2016 – 2021
Project Role: Lead Inspector
Duties and Description: The project encompassed the construction of a 6,000- seat performing arts venue with luxury boxes, food and beverage spaces, loading docks, ticketing oƯices, backstage dressing rooms, restrooms, utility rooms, and storage areas, as well as surrounding parking lots, lake park, and DAS facilities. Michael served as the lead inspector, supporting up to 20 inspectors both onsite and at fabrication shops across the southwest. In this role, he interfaced with the client and project team, attended daily meetings, and maintained a strong field presence to ensure project success. He coordinated manpower, distributed assignments, reviewed reports, and tracked discrepancies for resolution with the contractor, design team, and the City of Inglewood. His eƯorts contributed to an organized sign-oƯ for occupancy, reinforced confidence in the inspection process, and helped deliver the project on schedule and under budget, including successfully reorganizing a major change order triggered midway through the YouTube Theater portion.
Project Name and Location: *RSCCD – Russell Hall Health Sciences Replacement, Santa Ana, California Project Owner: Rancho Santiago Community College District
EXPERIENCE
34 Years
CERTIFICATIONS
ACI Concrete Field
Testing Technician –
Grade 1
AWS Certified Welding
Inspector
ICC Reinforced
Concrete
ICC Structural Masonry
ICC Structural Welding
ICC Structural Steel
and Bolting
ICC Spray-Applied
Fireproofing
ICC Soils
LA County Concrete
LA County Welding
OSHA 10-Hour Safety
WHY MICHAEL?
34 years industry / 14
years inspection
experience
Lead QA/QC inspector
on complex
commercial, DSA, and
HCAI healthcare
projects
CWI certified with
hands-on trade
background and broad
quality control
expertise
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City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm Time on Project: 2021 - 2023
Project Role: Lead Structural Steel Shop Inspector / Lead Onsite Inspector Duties and Description: The Russell Hall Replacement (Health Sciences) project at Santa Ana College involved the construction of a new three-story, 55,563-square-foot facility to consolidate and expand the Health Sciences programs. The building houses nursing, occupational therapy technology, emergency medical services, pharmacy technology, oƯices, general classrooms, two large lecture halls with over 150 seats, and associated support spaces. Michael initially served as the lead structural steel shop inspector before transitioning to lead onsite inspector. In this role, he acted as a liaison with the design team and DSA, ensuring project alignment with agency requirements and expectations. He later handed oƯ the project to a selected team member, and the team’s performance helped maintain a preferred status with both DSA and the Engineer of Record.
Project Name and Location: *UCLA – Luskin Conference & Guest Center, Los Angeles, CA Project Owner: University of California, Los Angeles
Time on Project: 2013 – 2016
Project Role: Inspector
Duties and Description: The Luskin Conference and Guest Center provided UCLA with a state-of-the-art academic meeting facility featuring 25,000 square feet of meeting space and 250 guest rooms, designed to host international conferences and events. Michael performed masonry, welding, soils, and asphalt inspections throughout construction, and assisted with close-out operations and punch list activities. He also reorganized discrepancy tracking processes, greatly reducing outstanding items and expediting project close-out.
Project Name and Location: *Kaiser Permanente – San Diego Central Hospital Patient Tower and Parking Structure, San Diego, CA
Project Owner: Kaiser Permanente
Time on Project: 2014 – 2016
Project Role: Lead Inspector
Duties and Description: This full-service general acute care hospital accommodated 450 beds and included imaging/radiology, laboratories, operating rooms, emergency services, pharmacies, administrative oƯices, and support facilities, as well as a parking structure. Michael served as lead inspector, overseeing concrete, seismic bracing, and welding inspections while managing more than 25 inspectors across multiple sites nationwide. He coordinated manpower, adjusted schedules to maintain budget control, and tracked discrepancy resolutions with the contractor, design team, and HCAI. His management ensured the project finished on schedule and under budget.
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City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm
CODY MARTINEZ
Inspector
Cody is a qualified infrastructure inspector with 10 years of experience supporting roadway, multimodal, and community-focused construction projects throughout Southern California. He is highly skilled in materials testing and inspection of soils, aggregates, concrete, and asphalt in accordance with ACI, Caltrans, and Greenbook standards. Cody’s background includes oversight of roadway overlays, pavement rehabilitation, ADA improvements, utility work, and site development, with responsibilities spanning plan and specification review, materials sampling coordination, inspection documentation, and non-compliance reporting. He has extensive experience with HMA plant mix and concrete ready-mix designs and leverages his strong materials testing foundation to support Caltrans and local agency projects. Cody is known for clear communication, accurate reporting, and reliable field judgment on complex urban and neighborhood improvement projects.
RELEVANT EXPERIENCE SNAPSHOT
Project Name and Location: Uptown Bikeways: Eastern Hillcrest Bikeways, San Diego, California
Project Owner: SANDAG – San Diego Association of Governments ‘Time on Project: 1/2025 – Present
Project Role: Field Technician
Duties and Description: The Eastern Hillcrest Bikeways Project will bring about
1.1 miles of new separated bikeways and buƯered bike lanes to University Avenue (from Ninth Avenue to Normal Street) and Normal Street (from University Avenue to Lincoln Avenue) in San Diego’s Hillcrest neighborhood. Key upgrades include a traƯic circle at Lincoln and Centre, a pedestrian promenade with a Class IV bikeway on Normal Street, street reconfiguration from Lincoln to Washington, restriping on nearby streets, and a redesigned intersection at Park Boulevard and Robinson Avenue. The project is designed to improve safety, accessibility, and public space throughout the area. G3 is proving quality control inspection and testing of aggregate base and subbase and structural concrete. Cody provides field inspection and testing of aggregate base and subbase, supporting quality control on a pedestrianfocused, multimodal corridor within a busy urban neighborhood.
Project Name and Location: Mills Park Site Improvements, Carson, California Project Owner: City of Carson
Time on Project: 2025 – Present
Project Role: Field Technician
Duties and Description: Mills Park spans approximately 4.45 acres (195,000 sq. ft.) and is centrally located in the City of Carson, surrounded by single-family homes. The improvements are primarily taking place on the easterly half of the park. The project scope includes adjustments to the irrigation system, with most turf areas remaining intact. Enhancements include a larger playground with a rubberized surface and the conversion of the existing halfcourt into a full basketball court. Additionally, the fitness area is receiving a shade cover, new picnic shelters will be installed, and the concrete walkways throughout the park will be improved. Cody provides field inspection and testing services while coordinating work around active community facilities and public park access.
Project Name and Location: Senior Center Expansion, Moreno Valley, California Project Owner: City of Moreno Valley
Time on Project: 2024 – Present
Project Role: Field Technician
Duties and Description: This project expands the Moreno Valley Senior Center on Fir Avenue by approximately
EXPERIENCE
10 Years
CERTIFICATIONS • CTM certifications • ACI Field I • ACI Concrete Laboratory Testing Technician - Level 1 • ACI Concrete Laboratory
Testing Technician - Level 2 • ACI Aggregate Testing
Technician - Level 1 • ACI Concrete Strength Testing
Technician • ICC Soils Inspector • ICC Reinforced Concrete Special Inspector
WHY CODY? • Skilled in materials
inspection/testing on
roadway and bikeway
projects • Strong working knowledge of
Caltrans, ACI, and Greenbook
standards • Effective communicating and
coordinating work within
active pedestrian and
community areas
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City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm 4,000 square feet, including a new patio cover at the northwest corner and ADA upgrades to existing facilities.
Additional work includes parking lot and landscape modifications. Scope includes demolition, grading, foundation work, CMU wall and slab construction, structural steel, patio installation, plumbing, electrical, mechanical, glazing, fire protection, doors and hardware, drywall, painting, flooring, and finishes. Site work covers excavation, utility connections (water, sewer, gas, etc.), irrigation, landscaping, and hardscape improvements. G3 is providing quality assurance consulting, inspection, and materials testing services on an as-needed basis for subgrade, foundation backfill, aggregate base, HMA, concrete, and welding. Cody provides field inspection and testing across grading, concrete, HMA, and utility work, supporting phased construction within an active community-serving facility.
Project Name and Location: Orangethorpe Rehab State College to Placentia, Anaheim, California Project Owner: City of Anaheim
Time on Project: 2024 – 2025
Project Role: Field Technician
Duties and Description: The Orangethorpe Avenue Infrastructure Improvements Project included the reconstruction of asphalt concrete pavement and its underlying base layer, upgrades to ADA curb ramps and driveways, and the installation of signage, striping, and other related elements along Orangethorpe Avenue, from State College Boulevard to Placentia Avenue. G3 provided quality assurance consulting, inspection, and materials testing services on an as-needed basis for soil/aggregate base, Portland concrete, and asphalt concrete. Cody provided field inspection and testing for soil, aggregate base, concrete, and asphalt, ensuring quality on a high-traƯic arterial corridor with adjacent commercial and residential frontage.
Project Name and Location: Walnut Park – Walnut Street, Los Angeles County, California Project Owner: Los Angeles County Department of Public Works Time on Project: 2024
Project Role: Field Inspector
Duties and Description: The project consists of reconstructing curbs, gutters, curb ramps, and driveway aprons, along with other related improvements along Walnut Street and adjacent areas within the City of Huntington Park and the unincorporated community of Walnut Park. It also includes the construction of an asphalt rubber hot mix surface course placed over a cold central plant recycled asphalt concrete base and a cement-stabilized pulverized base. G3 provided quality control inspection and testing services. Cody provided field inspection and materials testing along this neighborhood corridor, supporting roadway, curb, gutter, and ADA improvements while maintaining safe public access.
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City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm
KIMI AZARI
Marketing & Client Relationship Manager
Kimi Azari is a marketing and client relationship professional with 10 years of experience spanning private wealth management, product marketing, social media strategy, and campaign execution across banking, consumer services, and entertainment industries. She brings a strong blend of analytical thinking, relationship management, and creative marketing, with a proven ability to drive growth through datainformed decision-making and targeted outreach. Kimi has supported high-net-worth clients, managed multi-channel marketing campaigns, and led brand-building initiatives that increased engagement, enrollment, and revenue. She is highly collaborative, technology-forward, and adept at translating business requirements into actionable marketing and operational strategies.
RELEVANT EXPERIENCE SNAPSHOT
Project Role: Marketing Director – Public Outreach Specialist Duties and Description:
Kimi leads all of the public outreach eƯorts and marketing eƯorts for NexGen Construction Management. She serves as the primary liaison between the project team and local businesses, residents, and visitors to ensure timely communication of construction impacts. Kimi develops and distributes clear, consistent updates, including access notices, project schedules, and mitigation measures.
Additionally, she proactively addresses community concerns and feedback to minimize disruptions and maintain public support.
Organization: SoCal Premier Marketing
Time on Project: August 2019 – March 2023
Project Role: Lead Sales Manager
Duties and Description:
Kimi studied products and local markets to refine sales strategies and optimize performance. She led the launch of a new product, which increased market share and generated over $30,000 in revenue, while facilitating daily business reviews and performance-driven strategy adjustments.
Organization: Inswim
Time on Project: May 2018 – July 2019
Project Role: Social Media Manager
Duties and Description:
Kimi developed and executed a comprehensive social media strategy, increasing user engagement by 68% through usability-informed design improvements. She led organic marketing eƯorts that generated over $60,000 in sales within the first year without paid advertising, managing content creation, SEO optimization, influencer outreach, and blogging.
Kimi supported social media campaigns for major award shows, including the American Music Awards, Billboard Music Awards, Miss America, Streamy Awards, and Hollywood Film Awards. She produced the American Music Awards Snapchat, writing scripts, directing content, and facilitating fan outreach, resulting in 40,000+ new followers and hundreds of thousands of views.
EXPERIENCE
10 Years
EDUCATION • Bachelor of Arts in
Psychology
University of California,
Los Angeles (UCLA)
WHY KIMI? • 10 Years of Marketing &
Client-Facing Experience • Strong Relationship &
Stakeholder
Management Skills • Data-Driven Sales &
Marketing Execution • Proven Revenue,
Enrollment &
Engagement Growth
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City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm
QUALITY CONTROL APPROACH
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City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm Quality control is fully integrated into NexGen’s overall project delivery approach and is implemented continuously throughout construction. Our process is designed to proactively identify issues, maintain full compliance with the Contract Documents, and ensure that all construction management and inspection deliverables are accurate, complete, and free of errors or omissions.
Integrated Field Quality Control
Quality control begins in the field with a structured, daily inspection workflow. Each workday starts with coordination between NexGen’s Inspector, the Construction Manager, the Contractor, and the City’s representative to review planned activities, confirm inspection priorities, and identify potential risks or specialty coordination needs. This daily alignment ensures that inspection coverage is appropriate for the work being performed and that quality expectations are clearly understood.
The Inspector provides continuous field inspection to verify materials, workmanship, installation methods, traƯic control, safety measures, and environmental compliance. Field activities are documented in real time using standardized electronic inspection reports, photographs, and checklists.
This approach ensures clear documentation, consistency across reporting, and immediate visibility into construction progress and quality.
Material sampling and field testing are performed in accordance with project specifications and required testing frequencies. Samples are coordinated with accredited laboratories for independent testing. The material testing will be scheduled and coordinated by NexGen, and the testings will be performed by a vendor directly hired by the City (another RFP). Inspection observations—including compaction results, concrete and asphalt properties, placement methods, specialty installations, and commissioningrelated activities—are reviewed by both the NexGen CM and the inspector, as work progresses, allowing non-conforming conditions to be identified and addressed immediately.
Oversight, Verification, and Error Prevention
NexGen’s quality control process includes multiple levels of review to ensure accuracy and prevent omissions:
Construction Manager Oversight: Daily inspection reports, test results, photographs, quantity measurements, and logs are reviewed by the Construction Manager for completeness, accuracy, and consistency with the Contract Documents.
Standardized Digital Documentation: NexGen utilizes structured electronic reporting systems and standardized templates to maintain uniform documentation, reduce transcription errors, and ensure traceable project records.
Independent Materials Testing: All materials testing is performed by accredited laboratories, providing independent verification of compliance. Test reports clearly identify test methods, locations, specification criteria, results, and required corrective actions. We believe the City is hiring another firm to take the samples and test the material, with our responsibility to coordinate such eƯorts, review the results, and enforce compliance and corrections when needed. Internal QA/QC Procedures: NexGen applies internal quality assurance procedures, including peer reviews, specification cross-checks, and periodic audits, to confirm that inspection records and reports meet project and City standards.
Continuous Communication and Feedback: Quality observations are communicated in real time to the City and Contractor. NexGen will communicate any identified issue to the contractor, request immediate corrective action, and follow up with verification to confirm resolution. All 56 57 of 100
City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm problems will be documented in an “Issues Log,” which will be reviewed and tracked until completion.
Deliverable Quality and Project Outcomes
This integrated quality control approach ensures that inspection documentation, testing records, pay quantities, and construction reports are complete, accurate, and defensible. By embedding quality control into daily field operations and management oversight, G3 minimizes rework, reduces schedule impacts, and provides the City with reliable documentation that supports informed decision-making from construction start through final project closeout. "NexGen provides continuous, full-time inspection and proactive quality assurance to ensure the Contractor’s work consistently conforms to the Plans, Specifications, City Standards, and applicable regulatory requirements.
Our inspectors thoroughly document daily construction activities, material testing, workmanship, safety, and schedule performance using detailed reports, photographs, and standardized electronic logs.
Construction Manager oversight and internal QA/QC reviews ensure that inspection records are complete, accurate, and defensible, and that issues are identified early and corrective actions are implemented without delay. This disciplined and comprehensive approach supports effective contractor oversight, minimizes rework and schedule impacts, and delivers reliable documentation that protects the City’s interests throughout construction and closeout.
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City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm
WORK PLAN / PROJECT APPROACH / METHOD OF
PROVIDING SERVICES
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City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm
PROJECT UNDERSTANDING
The Promenade on Forest Permanent Conversion project requires comprehensive construction management and full-time inspection services to support an expedited schedule within a highly active downtown commercial corridor. NexGen understands that the work involves the following key elements and responsibilities:
Demolition of existing roadways, sidewalk improvements, and construction of a pedestrian promenade. Installation of specialty surface improvements, including brick paving, decomposed granite, and associated base and subgrade systems.
Construction and inspection of drainage improvements, underground utilities, irrigation systems, and landscape infrastructure.
Oversight of specialty systems, including Silva Cell soil-volume systems, integrated overhead lighting, audio-visual infrastructure, water feature mechanical and electrical systems, and Caltrans-standard crash barriers.
Continuous verification that all work conforms to the Plans and Specifications, City Standards, Greenbook requirements, Caltrans standards, and applicable regulatory and safety requirements.
In addition to technical oversight, NexGen must and will actively manage contractor performance, schedule adherence, and public-facing coordination. This includes monitoring construction progress, managing RFIs and submittals, coordinating City-retained specialty consultants, documenting quality control testing, preparing detailed daily and monthly reports, and reviewing progress payments and change requests. Given the project’s downtown location and proximity to businesses and visitors, the work also requires proactive communication, access coordination, and mitigation planning to minimize disruptions, including the possibility of night or weekend construction.
We understand that successful execution depends on disciplined construction administration, thorough inspection, accurate documentation, and continuous collaboration with the City and Contractor from construction start through final closeout.
KEY PROJECT FEATURES
The City plans to perform the following on an expedited construction schedule with an anticipated start in February 2026 and completion by June 2026.
Permanent conversion of Forest Avenue into a pedestrian-oriented promenade between South Coast Highway and Glenneyre Street.
Demolition of existing roadway, sidewalk, and associated surface improvements. Construction of new pedestrian promenade surfaces, including brick paving and decomposed granite walkways.
Installation of underground utility improvements, including drainage systems, water, electrical, data, and irrigation infrastructure.
Construction and inspection of integrated overhead lighting systems and comprehensive audio-visual (AV) infrastructure, including pole-mounted speakers and equipment racks. Installation of a water feature requiring coordinated mechanical and electrical systems and commissioning oversight.
Incorporation of Silva Cell soil-volume systems to support long-term tree health and urban landscaping. Landscape and irrigation improvements, including tree protection measures coordinated with arborist inspections.
Installation of Caltrans-standard crash barrier elements and associated safety features. Project delivery within an active downtown commercial corridor requiring coordination with adjacent businesses, residents, and visitors.
Synthetic Track: A synthetic track will be installed, suitable for hosting games and track meets 59 60 of 100
City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm
OUR APPROACH
Our Sr. Construction Manager will take a multifaceted approach to ensure the project stays on budget, adheres to all applicable specifications and regulations, and provides the City with complete transparency on status and progress by performing the following.
COST MANAGEMENT
1. Detailed Budgeting & Tracking:
Comprehensive Project Budget: The Sr. Construction Manager will develop a detailed budget that outlines every cost associated with the project. This will be broken down by construction phase, materials, labor, permits, and other related expenses.
Cost Tracking System: A robust system for tracking expenditures will be implemented. This system will record all invoices, receipts, and payments, categorizing each by budget line item and project phase to ensure accurate cost accounting.
Regular Budget Reviews: The Sr. Construction Manager will conduct regular reviews of the project budget, identifying variances between planned and actual costs. These reviews will occur at least monthly, with more frequent checks as needed to proactively address emerging issues. Trend Analysis: The Sr. Construction manager will analyze spending trends to identify potential overspending or cost savings opportunities. This analysis will guide adjustments to the project's financial plan as needed, keeping the project aligned within the allotted budget.
2. Budget Adherence:
Project Documentation: The Sr. Construction Manager will meticulously document all project expenses, including categorizing expenses according to the specific project cost categories. Approval Process: A well-defined approval process will be implemented for all expenditures. This process will include verifying budget line items and appropriate documentation (invoices and receipts). Collaboration with Finance: The Sr. Construction Manager will maintain close communication with the City’s representative, ensuring that the project's spending practices are aligned with the overall City’s financial policies and reporting requirements.
4. Change Order Management:
Rigorous Process: Any proposed change orders impacting the project budget will be subject to a strict evaluation process. This process will involve a review by the Sr. Construction Manager to ensure the change order is necessary, cost-eƯective, and fully aligned with the design intent. Financial Impact Assessment: The Sr. Construction Manager will thoroughly assess the financial impact of any proposed change order to ensure the project remains within budget. Documentation of Changes: Approved change orders will be meticulously documented and tracked to maintain an accurate and up-to-date project budget.
SCHEDULE MANAGEMENT
Our team excels at developing and maintaining comprehensive master schedules that encompass all contractor and stakeholder tasks, ensuring seamless project coordination. NexGen will perform a thorough review of the contractor’s baseline schedule for reasonableness and will provide feedback on task durations, logic, critical path, and other critical components. Once the contractor’s schedule is approved, we will track daily progress and review it during weekly meetings. The contractor’s 3-week look-ahead schedule will be compared to the baseline to ensure alignment with the overall project timeline.
Leveraging Microsoft Project, we create a clear, detailed master schedule that anticipates challenges and prioritizes eƯiciency. To maintain transparency and keep all parties aligned, we provide the City with updated schedules monthly, reflecting real-time progress and adjustments. 60 61 of 100
City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm Our solid commitment to meeting all project milestones ensures that your project is delivered on time, with exceptional precision and eƯiciency. Our scheduling expertise guarantees a streamlined process and successful outcomes at every phase.
REPORTING
Regular Financial Reports: The Sr. Construction Manager will prepare a detailed monthly Project Status Report (PSR). These reports will include a budget-to-actual comparison, expenditure summaries, and potential issues requiring attention.
Documentation for Audits: The Sr. Construction Manager will maintain meticulous records of all financial transactions, approvals, and reports to facilitate smooth annual financial and performance audits. This includes ensuring all documents are readily accessible and organized for audit purposes. Open Communication: The Sr. Construction Manager will foster a culture of open communication, promptly addressing any concerns raised by stakeholders regarding the project's financial practices.
Transparency will be emphasized in all financial activities.
By implementing these proactive strategies, our Sr. Construction Manager will eƯectively manage the project's financial aspects. This will keep the project within budget and maintain transparency throughout the project lifecycle.
TECHNOLOGY
NexGen’s construction management methodology integrates advanced management software, including Procore and Microsoft Project, to maintain real-time document control, schedule tracking, and cost management, and handle RFIs and change orders. The firm employs robust change management processes, earned value methods for cash flow forecasting, and detailed quality assurance protocols to ensure transparency, accountability, and alignment with project milestones and budgets. A cloud-based document control system will be employed to manage all documents in real time, ensuring accessibility and seamless communication among all involved parties.
An issue-tracking log will be maintained to identify and address construction-related concerns and their resolutions.
QUALITY CONTROL
Maintaining quality throughout construction is essential, and we take that responsibility seriously. NexGen will manage the project's quality assurance by implementing a proven QA program that keeps everyone aligned with the project’s standards. This includes clear procedures, a well-organized inspection schedule, and detailed records of all testing and inspections. We’ll also evaluate the Contractor’s quality control approach to ensure it meets project expectations. Any quality concerns will be discussed in weekly meetings, and we’ll keep an up-to-date list of issues and the steps taken to resolve them, helping the team stay proactive and accountable. The following are some of the key environmental components we will closely monitor throughout the project.
Noise and Air Quality/Dust Controls: Construction activities will follow local noise ordinances and dust control measures to minimize noise and air quality impacts.
Stormwater Management: A Stormwater Pollution Prevention Plan (SWPPP) and Best Management Practices (BMPs) will be developed to control project runoƯ and prevent erosion during construction.
Construction Management Procedures Manual: We’ll develop the Project Management Plan of Record (POR) Procedure Manual.
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City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm
SUBMITTALS, SHOP DRAWINGS, RFIS & OTHER CITY VENDORS
NexGen will manage the review and tracking of all submittals, shop drawings, product data, and samples in accordance with project specifications. Our team will coordinate with the Architect of Record, contractors, and all City-hired vendors to ensure timely routing, review, and approval of all specialty submittals. From the bid phase through project completion, we will handle all necessary coordination with these vendors to align their scope, schedule, and requirements with the overall construction eƯort. We will also oversee the RFI process, ensuring prompt responses to time-sensitive inquiries to avoid delays. When needed, we will facilitate RFI resolution meetings with the contractor, design team, and vendors to maintain momentum. Throughout construction, we will maintain accurate, up-to-date Submittal and RFI Logs, ensuring full transparency and accountability.
COMMUNICATION
One of our Sr. Project Managers’ strongest assets is clear, consistent communication and the ability to break down complex problems into simple solutions. From the outset, our communication strategy is built to promote transparency, accountability, and real-time collaboration. We will facilitate weekly progress meetings with the contractor, the City, and all key stakeholders to review milestones, resolve issues early, and ensure alignment with project goals. The City will receive monthly, easy-to-understand updates from us outlining completed work, schedule and budget status, upcoming work, and any developing risks. Our Project Manager will have a work station and daily presences at the site, and at our home oƯice. In addition, she always remains readily accessible to the City and the contractor (on call 24/7), providing prompt responses and solutions to any questions or concerns as they arise. This proactive and responsive communication approach is central to how we lead and deliver successful projects.
APPLICABLE CODES & REGULATIONS
Given our staƯ’s engineering background, we have a strong knowledge of applicable codes as they pertain to this project as follows, and we’ll make sure all codes and regulations are correctly followed.
Building Codes (Title 24 – California Code of
Regulations)
California Accessibility Regulations
California Building Code 2022 (based on IBC 2021) 2010 ADA Standards California Administrative, Electrical, Mechanical,
Plumbing Codes
2013 CBC references
California Energy Codes & CAL Green 2019 California Standards for Accessible Design California Fire & Life Safety (FLS) Regulations Seismic & Environmental California Fire Code (Title 24 Part 9) 2022 ASCE 7-16 (w/ Supps 2 & 3) for Seismic NFPA 101 – Life Safety Code Health & Safety Code § 16600 NFPA 13 (design) & NFPA 25 (for testing)
Public Contracting & Bidding Environmental & Planning Requirements CUPCCAA (Public Contracting Code §22032) CEQA –Initial Study/Mitigated Negative Declaration
DIR per Labor Code Safety, TraƯic Control & Other Regulations Construction, Permitting & Other Regulations OSHA construction Safety orders City Building Permit Project Specific Safety Plan (PSSP) Permitted Set of Plans Site Health and Safety Plan (SHSP) City Codes & Ordinances Work Area TraƯic Control Handbook (WATCH) APWA “Greenbook” Standard Specifications for
Public Works Construction
California Labor Code–Public Works Requirements
Labor Code §1720 (defines PW)
Labor Code §1770–1781, §1810–1815, §1725.5
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City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm
JOB SITE OVERSIGHT & CONSTRUCTION MONITORING
Our team will provide thorough job-site oversight to ensure all work aligns with the approved plans, specifications, and contract documents. We will verify contractor performance in coordination with the design team, oversee compaction and materials testing, notify the contractor of deficiencies, and we will document all results. Any failed tests will be logged by location, and noncompliant results will be professionally rejected. We will also schedule and review structural observations, collect and review dump tickets, and ensure that all required thirdparty testing is completed per code.
Daily activities will be recorded through inspection reports, submitted to the City on a weekly basis. We will maintain a detailed on-site recordkeeping system, including redlined plans, to meet audit requirements. Our team will also coordinate with local agencies, utility providers, and all City-provided contractors and vendors.
When interpretation of contract documents is needed, we’ll consult with the architect and City, provide recommendations, and relay approved decisions to the contractor.
Throughout construction, we will monitor progress, quality, and accuracy, maintaining a Deficiency Log for incomplete or corrective work. We will verify contractor compliance with the Buy America Act, Public Works Labor Compliance, and Prevailing Wage laws. We’ll also oversee site safety and public safety, promptly reporting incidents and managing contractor access to public areas. Our proactive team will issue and document verbal directives as needed for day-to-day operations, keeping the City informed and escalating any cost or scope impacts for formal approval.
PUNCH WALK & CLOSE OUT
As the project approaches substantial completion, we will notify the City when construction is ready for a formal completion inspection. Our team will coordinate and lead a punch walk with the Architect of Record (AOR) and relevant engineering sub-consultants to identify any remaining items requiring correction. All punch list items will be compiled into a single document and submitted to the contractor for resolution. Once the contractor has addressed these issues, we will conduct a final inspection, verify completion, and sign oƯ on each corrected item in coordination with the design team.
To support a smooth project closeout, we will collect and transmit all required documents, including:
certifications, warranties, guarantees, leases, easement deeds, inspection and materials testing reports, operations and maintenance manuals (O&M manuals), and all approved submittals and RFI responses. We will also ensure the contractor submits all redlined drawings, and we will work closely with the architect to produce and deliver final As-Built drawings.
Finally, we will prepare a complete and organized final project report documenting the full history of construction.
This will include a record of key events, the roles and responsibilities of involved parties, a Change Order Log, RFI and Submittal Logs, final contract amounts, site progress photos, and a Lessons Learned log. This documentation will serve as a transparent record for the City and will support all necessary audits, warranty reviews, and future references.
"NexGen takes great pride in our deep understanding of the unique requirements and challenges of projects like yours. Our extensive experience with similar projects for government agencies and public utility companies has equipped us with the expertise to anticipate needs, address potential challenges, and implement solutions that have proven to drive success. This knowledge ensures we are well-prepared to deliver a project exceeding your vision and objectives. 63 64 of 100
City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm
VALUE-ADD SERVICES
Lead Cost and Schedule Controller | Lead Scheduler (No Additional Charge) As a value-added service, our team will provide a dedicated Lead Scheduler to actively manage and protect the project schedule at no additional charge to the City. Given the project’s expedited timeline and the critical need to achieve completion prior to the start of the June 2026 tourist season, this role will focus on detailed CPM schedule oversight, critical path and float analysis, validation of schedule updates, and enforcement of recovery plans when variances occur. The Lead Scheduler will work closely with the Contractor and City to proactively identify potential delays, manage short-interval and two-week look-ahead planning, and maintain schedule discipline in a constrained downtown environment where phasing, night/weekend work, and stakeholder coordination are essential to success.
Continued on next page.
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City of Laguna Beach | Promenade on Forest Permanent Conversion Project NexGen Construction Management | A Laguna Beach Local PM/CM Firm Value-Added Service: Lead Cost Controller (No Additional Charge) In parallel, our team will provide a dedicated Lead Cost Controller—also at no additional charge—to deliver enhanced financial oversight and protect the City’s budget throughout construction. This role will track project expenditures in real time, review and validate progress payments, analyze change orders and potential claims, and forecast cost impacts associated with schedule changes, acceleration eƯorts, or unforeseen field conditions. By directly linking cost management with schedule performance, the Lead Cost Controller ensures the City has early visibility into budget risks and the information needed to make timely, well-informed decisions that support on-time completion.
Key Benefits to the City
Increased certainty of completing the project before the June 2026 tourist season Proactive identification and mitigation of schedule risks on a fast-track project Stronger control of critical path activities and construction phasing Early detection of cost impacts tied to delays, changes, or acceleration measures Timely, defensible review of progress payments and change orders Reduced risk of claims through clear documentation and accountability Enhanced transparency and decision support—provided at no additional cost to the City Public Outreach |NexGen is proposing as-needed public outreach support with unrivaled experience in community outreach, public education, and awareness programs. Led by Ms. Azari, Bilingual, our team will provide community outreach and support for public meetings for the project. Our team will ensure that accurate information regarding this project reaches targeted businesses and the community in a timely, cost-eƯective manner. Communication platforms are always tailored to the needs of the community and businesses. Our goal is to minimize the inconvenience of the community and traveling public as they all play an essential role in the success of all projects. Ms. Azari’s ability to communicate about design, engineering, traƯic, and diverse communities’ makes her an asset throughout the life of the contract.
Ms. Azari is a seasoned, award-winning specialist with a broad background spanning Engineering, Program Project Management, TraƯic Management Coordination, and OƯice Engineering services for state, county, city, public utility companies, and government organizations. Her success in public outreach activities stems from her ability to utilize her engineering knowledge and construction management in a way that’s easily understandable by all.
She has proven abilities for managing complex, multi-objective projects with multidisciplinary teams and for designing and implementing outreach strategies that reach target audiences, especially participants with little or no tradition of participating in civic processes.
Photo Documentation | All our members are equipped with iPhones and iPads for proper documentation in real time. We will document the job site conditions with comprehensive job site photos and videos prior to construction. During construction and after project elements are completed, photos and videos will be taken and stored on a shared project cloud server to document progress. City staƯ will have access to the Project Cloud server at any time. 65 66 of 100
Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"
SCHEDULE OF SERVICES
Begin – February 1, 2026
End – December 1, 2026
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Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "C"
COMPENSATION
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Hourly Rate
Consultant: NexGen Construction Management SPM $ 195.00 DIR $ 195.00
LPA $ 110.00
APM $ 105.00
LCA $ 125.00
Tech $ 174.80
Fee Proposal: City of Laguna Beach - Promenade on Forest Permanent Conversion-R1 Labor Grade
Hourly
Rate
February
2026
March 2026
April 2026
May
2026
June 2026
Total Hours
TOTAL FEE
Item # Construction Management Grade $ per Hr 313 305 305 288 303 1714 $ 340,950 Task 1 Meetings & Coordinations SPM 195 $ 33 18 18 18 12 99 $ 15,915
1.1 Initial Project Set Up - Meeting Minutes Templates, Change Order System, RFI Log, FCO Log, Submittal Logs, Invoice Review Log & Sign Off form & Maintain regularly
SPM $ 195 40 0 00 4 $ 780
1.2 Develop Risk Register & Maintain/Update regularly SPM $ 195 44 4 41 17 $ 3,315
1.3 Develop Project Communication Plan & Maintain/Update regularly LPA $ 125 88 8 81 33 $ 4,125
1.4 Project Initiation Meetings with Client, A&E, Stakeholders, other coordination meetings SPM $ 195 44 4 44 20 $ 3,900
1.5 Prepare Kick off Meeting Agenda SPM $ 195 20 0 00 2 $ 390
1.6 Schedule Kick off Meeting SPM $ 195 20 0 00 2 $ 390
1.7 Conduct the Kick off Meeting SPM $ 195 20 0 00 2 $ 390
1.8 Draft & Issue Meeting Notes APM $ 105 20 0 00 2 $ 210
1.9 Incorporate Comments SPM $ 195 30 0 00 3 $ 585
1.1 Prepare OAC Meeting Agenda SPM $ 195 00 0 02 2 $ 390
1.11 Conduct the OAC Meeting SPM $ 195 00 0 02 2 $ 390
1.12 Draft & Issue Meeting Minutes APM $ 105 22 2 22 10 $ 1,050 Task 2 Schedule Management SPM/DIR 195 $ 34 13 13 13 13 86 $ 16,770
2.1 Develop a Master Baseline Schedule SPM/DIR $ 195 40 0 00 4 $ 780
2.2 Review Contractor's 3 week look ahead schedule, compare to site progress SPM/DIR $ 195 10 5 5 5 5 30 $ 5,850
2.3 Update the Schedule and Distribute SPM/DIR $ 195 10 4 4 4 4 26 $ 5,070
2.4 Draft & Issue Narrative on Delays and recovery method SPM/DIR $ 195 10 4 4 4 4 26 $ 5,070
2.5 Provide weekly statement of working days (NIC - Daily Needed) SPM/DIR $ 195 00 0 00 0 $ -
Task 3 Cost Control SPM/DIR 195 $ 818 18 18 18 80 $ 15,600
3.1 Provide monthly cash flow projection SPM/DIR $ 195 40 0 00 4 $ 780
3.2 Update the cash flow projection on a monthly basis SPM/DIR $ 195 46 6 66 28 $ 5,460
3.3 Collect and Review invoices on a monthly basis SPM/DIR $ 195 06 6 66 24 $ 4,680
3.4 Track Quantities of Work Completed each month for invoice review SPM/DIR $ 195 06 6 66 24 $ 4,680
Task 4 Change Management SPM 195 $ 30 36 36 36 38 176 $ 34,320
4.1 Review Change Orders scope for Validity SPM $ 195 66 6 66 30 $ 5,850
4.2 Analyze Change Orders Cost Impacts SPM $ 195 66 6 66 30 $ 5,850
4.3 Analyze Change Orders Schedule Impacts SPM $ 195 66 6 66 30 $ 5,850
4.4 Perform An Independent Analysis of each Change SPM $ 195 66 6 66 30 $ 5,850
4.5 Analyze the contractor's Critical Path Method schedule SPM $ 195 66 6 66 30 $ 5,850
4.6 Negotiate Change Orders with contractor SPM $ 195 04 4 44 16 $ 3,120
4.7 Provide Update to the Client SPM $ 195 01 1 12 5 $ 975
4.8 Develop & Maintain a Change Order Log SPM $ 195 01 1 12 5 $ 975 Task 5 Submittals & RFI Management SPM 195 $ 32 32 32 32 32 160 $ 31,200
5.1 Review Contractor's Submittals, Shop Drawings, Product Data SPM $ 195 88 8 88 40 $ 7,800
5.2 Review RFIs, Facilitate Timely Response SPM $ 195 66 6 66 30 $ 5,850
5.3 Conduct Meetings As Necessary to Resolve Items SPM $ 195 66 6 66 30 $ 5,850
5.4 Review all Lab Results & Material Specifications SPM $ 195 66 6 66 30 $ 5,850
5.5 Develop and Maintain a Submittal Log SPM $ 195 44 4 44 20 $ 3,900
5.6 Develop and Maintain an RFI Log SPM $ 195 22 2 22 10 $ 1,950