2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
K. Government Code Claim Procedures.
1. This Article does not apply to tort claims and nothing in this Article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 639
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(commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.
2. In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or compensation or payment for Additional Work, disputed Work, construction claims and/or changed conditions, the Design-Build Entity must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the City.
3. 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 adjustment of the Contract Time or Contract Price for Additional Work, disputed Work, construction claims, and/or changed conditions have been followed by Design-Build Entity. If Design-Build Entity does not comply with the Government Code claim procedure or the prerequisite contractual requirements, Design-Build Entity may not file any action against the City.
4. A Government Code claim must be filed no earlier than the date the Work is completed or the date the Design-Build Entity last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Design-Build Entity or that should reasonably by known to Design-Build Entity excepting only new unrelated Claims that arise after the Government Code claim is submitted.
L. Non-Waiver. The City’s failure to respond to a Claim from the Design-Build Entity within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the Claim being deemed rejected in its entirety, and shall not constitute a waiver of any rights under this Article.
14.2 Litigation.
A. Any claims, disputes, or controversies between the parties arising out of or related to the Contract, which have not been resolved in accordance with the procedures set forth herein shall be resolved in a court of competent jurisdiction.
14.3 Duty to Continue Performance.
A. Unless provided to the contrary in the Contract Documents, Design-Build Entity shall continue to perform the Work and City shall continue to satisfy its payment obligations to Design-Build Entity, pending the final resolution of any dispute or disagreement between Design-Build Entity and City.
ARTICLE 15 -MISCELLANEOUS PROVISIONS
15.1 Limitations On City’s Responsibilities.
A. City shall not supervise, direct, or have control or authority over, nor be responsible for, the Design-Build Entity’s means, methods, techniques, sequences, or procedures 640
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of design or construction, or the safety precautions and programs incident thereto, or for any failure of the Design-Build Entity to comply with Applicable Laws applicable to the performance of the Work. City will not be responsible for the Design-Build Entity’s failure to perform the Project in accordance with the Contract Documents.
15.2 Successors
A. The parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
The Design-Build Entity may not either voluntarily or by action of law, assign any obligation assumed by the Design-Build Entity hereunder without the prior written consent of the City.
15.3 Cumulative Remedies.
A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Applicable Laws, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Article will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.
15.4 Survival of Obligations.
A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Project or termination or completion of the Contract or termination of the services of the Design-Build Entity.
15.5 Controlling Law.
A. Notwithstanding any subcontract or other contract with any Subcontractor, Supplier, or other person or organization performing any part of the Project, this Contract shall be governed by the law of the State of California excluding any choice of law provisions.
15.6 Jurisdiction; Venue.
A. The Design-Build Entity and any Subcontractor, supplier, or other person or organization performing any part of the Project agree that any action or suits at law or in equity arising out of or related to the proposal process, award, or performance of the Project shall be maintained in the Superior Court of Orange County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action. 641
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15.7 Headings.
A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.
15.8 City’s Right to Audit.
A. The Design-Build Entity shall make available to City for auditing, all relevant accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to City. If the Design-Build Entity submits a Change Order Request or a Claim to City, City shall have the right to audit the DesignBuild Entity’s books, records, documents, and other evidence to the extent they are relevant.
B. The right to audit shall include the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which the claim has been submitted, including but not limited to job cost reports, estimates, proposals, bids, proposal papers, documents of other work administered by the Design-Build Entity’s home office, and any and all other documentation relied upon by the Design-Build Entity to obtain this Contract.
City shall have the right to make and take copies of any records examined.
C. The right to audit shall include the right to inspect the Design-Build Entity’s plans, or such parts thereof, as may be or have been engaged in the performance of the Project.
The Design-Build Entity further agrees that the right to audit encompasses all subcontracts and is binding upon Subcontractors. The right to audit provided herein shall be exercisable through such representatives as City deems desirable during the Design-Build Entity’s normal business hours at the Design-Build Entity’s office.
D. In accordance with Government Code Section 8546.7, records of both City and the Design-Build Entity shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment. The Design-Build Entity shall make available to City any of the Design-Build Entity’s other documents related to the Project immediately upon request of City. In addition to the State Auditor’s rights described above, City shall have the right to examine and audit all books, estimates, records, contracts, documents, Proposals, subcontracts, and other data of the DesignBuild Entity (including electronic records, computations and projections) related to negotiating, pricing, or performing the Project in order to evaluate the accuracy and completeness of the cost or pricing data, for a period of four (4) years after final payment.
15.9 Assignment.
A. Design-Build Entity shall not assign, transfer, convey, sublet, or otherwise dispose of this Contract or any part thereof including any claims, without prior written consent of City. Any assignment without the written consent of City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering 642
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such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.
B. As set forth in Public Contract Code section 7103.5, in entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body 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. § 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.
15.10 All Legal Provisions Included.
A. Design-Build Entity shall give all notices and comply with all federal, state and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified by their terms. References to specific laws, rules or regulations in this Contract are for reference purposes only, and shall not limit or affect the applicability of provisions not specifically mentioned. If Design-Build Entity observes that drawings and specifications are at variance therewith, he shall promptly notify City in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in Work. If Design-Build Entity performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to City, he shall bear all costs arising therefrom.
B. Design-Build Entity shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA laws, rules and regulations. Design-Build Entity shall comply with the Historic Building Code, including, but not limited to, as it relates to the ADA, whenever applicable..
C. Design-Build Entity acknowledges and understands that, pursuant to Public Contract Code section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code section 2717(b) in order to supply mined material for this Contract.
D. No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the Work, shall be or become directly or indirectly interested financially in the Contract.
E. All provisions of law required to be inserted in the Contract or Contract Documents pursuant to any Applicable Laws shall be and are inserted herein. If through mistake, neglect, oversight, or otherwise, any such provision is not herein inserted or inserted in improper form, upon the application of either party, the Contract or Contract Documents shall be changed by City, at no increase in the Contract Price or Contract 643
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Time, so as to strictly comply with the Applicable Laws and without prejudice to the rights of either party hereunder.
15.11 State License Board Notice.
A. Contractors are required by law to be licensed and regulated by the Design-Build Entity’s State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, the Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
15.12 Noise.
A. The Design-Build Entity shall use only such equipment on the Project and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by CAL-OSHA.
B. The Design-Build Entity shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Design-Build Entity shall promptly remove the equipment and shall not return that equipment to the Project site until the device is repaired or replaced. Noise and vibration level requirements shall apply to all equipment on the jobsite or related to the Project, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Design-Build Entity.
15.13 Change In Name Or Nature of Design-Build Entity’s Legal Entity.
A. Should a change be contemplated in the name or nature of the Design-Build Entity’s legal entity, the Design-Build Entity shall first notify City in order that proper steps may be taken to have the change reflected in the Contract Documents and all related documents. No change of the Design-Build Entity’s name or nature will affect City’s rights under the Contract Documents, including but not limited to the bonds and insurance.
15.14 Complete Contract.
A. The Contract Documents constitute the full and complete understanding of the parties and supersede any previous agreements or understandings, oral or written, with respect to the subject matter hereof. The Contract may be modified only by a written instrument signed by both parties or as otherwise provided in the Contract Documents. 644
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15.15 Notice of Third Party Claims.
A. Pursuant to Public Contract Code section 9201, City shall provide Design-Build Entity with timely notification of the receipt of any third-party claim relating to the Contract.
15.16 Severability of Provisions.
A. If any one or more of the provisions contained in the Contract Documents should be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
15.17 Correction of Errors and Omissions.
A. The Design-Build Entity agrees to correct any error or omission in the Construction Documents or Contract Documents at no additional cost to City.
15.18 Interpretation.
A. The Contract Documents shall not be construed in favor of or against any party, but shall be construed as if all parties prepared the Contract Documents.
15.19 Electronic Signature.
A. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
END OF GENERAL CONDITIONS
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ATTACHMENT 3
SPECIAL CONDITIONS
ARTICLE 1 -MODIFICATIONS TO THE GENERAL CONDITIONS
[***ADJUSTMENTS CAN BE MADE TO THE GENERAL CONDITIONS FOR MANY PROJECT
SPECIFIC REQUIREMENTS, EXAMPLES INCLUDING BRAND NAMES OR MATERIALS,
PRODUCTS, THINGS, OR SERVICES REQUIRED, MODIFYING WORK AND/OR HOLIDAY
HOURS, CHANGING THE RETENTION AMOUNT, DAYS FOR SUBSTITUTION OF MATERIALS, MODIFYING NOISE RESTRICTIONS, ETC.***]
[***THE FOLLOWING ARE EXAMPLES OF WAYS IN WHICH TO MAKE THE FOLLOWING ADJUSTMENTS TO THE GENERAL CONDITIONS***]
1.1 Section 6.8 Submittals.
Section 6.8 of the General Conditions shall be deleted in its entirety and replaced with the following:
“6.8 Submittals.
_____________________________”
1.2 Section 6.8 Submittals.
The first sentence in Section 6.8 of the General Conditions shall be deleted in its entirety and replaced with the following:
“_____________________________”
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ATTACHMENT 4
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, THE CITY OF LAGUNA BEACH (“City”) has awarded to PowerFlex Services, LLC, (“DBE”) an agreement for Corporate Yard EV Charger Project (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the DBE is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the DBE is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, PowerFlex Service, LLC, the undersigned DBE and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ dollars, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the DBE, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation.
The obligations of Surety hereunder shall continue so long as any obligation of DBE remains. Nothing herein shall limit the City’s rights or the DBE or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
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Whenever DBE shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a Bid or Bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible Bidder, arrange for a Contract between such Bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract price, including other costs and damages for which Surety may be liable. The term “balance of the Contract price” as used in this paragraph shall mean the total amount payable to DBE by the City under the Contract and any modification thereto, less any amount previously paid by the City to the DBE and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract price, including other costs and damages for which Surety may be liable. The term “balance of the Contract price” as used in this paragraph shall mean the total amount payable to DBE by the City under the Contract and any modification thereto, less any amount previously paid by the City to the DBE and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the DBE.
Surety shall not utilize DBE in completing the Project nor shall Surety accept a Bid from DBE for completion of the Project if the City, when declaring the DBE in default, notifies Surety of the City’s objection to DBE’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
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IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
___________________________________
Design-Build Entity
By: ________________________________
Chief Executive Officer
___________________________________
Surety
By:________________________________
Attorney-in-Fact
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.
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Notary Acknowledgment
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 ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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ATTACHMENT 5
PAYMENT BOND (LABOR AND MATERIALS)
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, THE CITY OF LAGUNA BEACH (“City”), by action taken or a resolution passed ___________ , 20____ has awarded to PowerFlex Services, LLC, hereinafter designated as the “Principal,” a contract (“Contract”) for the work described as follows:
(“Project”); and
WHEREAS, said Principal is required to furnish a bond in connection with said Contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the DBE and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such Work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of 651
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claimants otherwise entitled to recover under any such Contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of Contract between the owner or City and original DBE or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of Sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ______________________ 20______ the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal, if corporation) ___________________________________ Design-Build Entity
By: ________________________________
Chief Executive Officer
(Seal of Surety)
___________________________________
Surety
By:________________________________
Attorney-in-Fact
(Attached Attorney-In-Fact Certificate and Required Acknowledgements) NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.
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Notary Acknowledgment
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 ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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ATTACHMENT 6
HOURLY RATE SCHEDULE FOR EXTRA WORK
[***ATTACH RATE SCHEDULE***]
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ATTACHMENT 7
WORKERS’ COMPENSATION CERTIFICATION
Labor Code section 3700 in relevant part provides:
Every employer except the State shall secure the payment of compensation in one or more of the following ways:
a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. b. By securing from the Director of Industrial Relations a certificate of consent to selfinsure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees.
I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.
Date:
Name of Design-Build Entity:
Signature:
Print Name:
Title:
(In accordance with Article 5 - commencing at section 1860, chapter 1, part 7, division 2 of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any Work under this Contract.)
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656
Attachment 6
657
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672
673
674
Attachment 7
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
18' (TYP)
8' (TYP)
20 10 0 20 40
SCALE: 1" = 20'
LEGEND
INDICATES EVSE CHARGEPORT STALL
E
PROPOSED 750KVA 277/480V 3Ø 4W TRANSFORMER
ELECTRICAL LINE
NEW EV L2 STALL
PROPOSED DUAL PORT EV CHARGER W/ FOOTING
PROPOSED 1600A 480V METERED SWITCHBOARD
NEW BOLLARDS
EXISTING BUILDING
(TYP)
NEW FUSED DISCONNECT EXISTING STRIPING (TYP)
PROPOSED/RELOCATED WHEELSTOP
EXISTING WHEELSTOP
EXISTING UTILITY TRANSFORMER
PROPOSED 750KVA 277/480V 3Ø 4W
TRANSFORMER
PROPOSED 1600A 480V
METERED SWITCHBOARD
PROPOSED DUAL PORT L3
CHARGER (TYP OF 10)
PROPOSED BOLLARDS
(TYP)
PROPOSED FUSED
DISCONNECT (TYP OF 10)
1 EXISTING CURB (TYP)
EXISTING GATE
2 2
2 2
2 5
2 2
2 2
2 EXISTING HANDHOLE
EXISTING
TRANSFORMER
PROPOSED 2'X3'
INTERCEPT SPICE BOX
EXISTING HANDHOLE
PROPOSED 2' X 3' INTERCEPT SPLICE BOX
EXISTING LIGHT
(TYP)
PROPOSED 45KVA STEP DOWN TRANSFORMER
PROPOSED 200A 208V DISTRIBUTION PANEL
NEW EV L3 STALL
PROPOSED 45KVA STEP
DOWN TRANSFORMER
3 4
PROPOSED 200A 208V
DISTRIBUTION PANEL
PROPOSED DUAL PORT L2 CHARGER
Attachment 8
693
694
695
696
697
698
699
700
701
702
703
704
705
706
707
708
709
18' (TYP)
10' (TYP)
19' (TYP)
9' (TYP)
20 10 0 20 40
SCALE: 1" = 20'
LEGEND
INDICATES EVSE CHARGEPORT STALL
E
PROPOSED 750KVA 277/480V 3Ø 4W TRANSFORMER
ELECTRICAL LINE
NEW EV L3 STALL
NEW DUAL PORT DCFC EV CHARGER W/ FOOTING
NEW 1000A 480V METERED SWITCHBOARD
NEW BOLLARDS
PROPOSED 750KVA 277/480V 3Ø 4W
TRANSFORMER
PROPOSED 1000A 480V
METERED SWITCHBOARD
PROPOSED DUAL PORT L3 CHARGER
(TYP OF 5)
EXISTING BUILDING
(TYP)
PROPOSED REMOVABLE
BOLLARDS (TYP)
NEW FUSED DISCONNECT
PROPOSED FUSED
DISCONNECT (TYP OF 5)
2 1
PROPOSED/RELOCATED WHEELSTOP
EXISTING WHEELSTOP
EXISTING UTILITY TRANSFORMER
EXISTING UTILITY
TRANSFORMER
2 2
2 EXISTING WALL
(TYP)
2 Cost-Benefit Analysis for Phase One Fleet Electrification Scenario 1: Projected Fuel Costs
The cost-benefit analysis compares the cost of transitioning the internal combustion engine (ICE) vehicles supported by the Phase 1 charging infrastructure project to electric vehicles (EVs) against a “do-nothing” scenario in which the City continues to operate and replace these vehicles with comparable gasoline- and diesel-powered vehicles.
Key Results
• The Phase 1 charging infrastructure project is intended to support charging for 118 City owned vehicles including light, medium, and heavy duty vehicles • Over the 10-year analysis period, the EV scenario has an estimated total cost of approximately $31.5 million, compared with $34.1 million for the ICE scenario. • This results in approximately $2.8 million in net savings, or about a 8% reduction in total lifecycle costs.
• These savings are achieved despite the substantially higher upfront cost of purchasing EVs and installing the necessary charging infrastructure. • The primary drivers of the savings are:
o Approximately $9.3 million in fuel savings over 10 years, a 60% reduction compared with gasoline and diesel.
o Approximately $1.7 million in maintenance savings, a 37% reduction. o Approximately $3.95 million in HVIP and SCE incentives, LCFS credit revenues, and recent funding from South Coast AQMD (MSRC) that further reduce the cost of electrification.
Table 1. 10-Year Cost Comparison – ICE vs. EV Scenario
Cost Element ICE Scenario EV Scenario Change with EV Adoption Vehicle Cost $14,245,632 $20,971,452 +$6,725,820
Fuel / Electricity Cost $15,485,349 $6,184,750 -$9,300,599 Maintenance Cost $4,649,235 $2,923,059 -$1,726,176
EVSE Capital $1,779,518.12 +$1,779,518
Engineering & Construction $3,643,536.56 +$3,643,537
HVIP Incentive ($1,110,000) -$1,110,000
SCE Rebate – Make Ready ($890,155) -$890,155
SCE Rebate – Transit Chargers ($235,000) -$235,000
LCFS Credit ($1,462,941) -$1,462,941
MSRC Funding ($250,000) -$250,000
Total 10-Year Cost $34,380,215 $31,554,219 -$2,825,997
Note: A positive value in the “Change with EV Adoption” column represents an additional cost associated with electrification, while a negative value represents a cost reduction, incentive, or revenue. 711
What Drives the Cost Difference?
• Higher vehicle acquisition cost: Purchasing the EVs costs approximately $6.7 million more than purchasing comparable ICE vehicles.
• Charging infrastructure investment: The EV scenario requires an additional $5.4 million for EVSE equipment, engineering, and construction.
• Fuel savings: These additional capital costs are substantially offset by approximately $9.3 million in fuel savings. Electricity costs are approximately $6.2 million over 10 years compared with $15.5 million for gasoline and diesel.
• Maintenance savings: EV adoption reduces estimated maintenance expenditures by another $1.7 million over 10 years.
• Incentives and LCFS revenues: HVIP, SCE rebates, funding from South Coast AQMD MSRC and LCFS credits provide approximately $3.95 million in additional cost offsets. • Net result: After accounting for all costs and benefits, the EV scenario is approximately $2.8 million less expensive over 10 years than continuing with ICE vehicles. -$3.95
$14.2
$21.0
$15
$6
$5
$3
$1.78
$3.64
($10)
($5)
$0
$5
$10
$15
$20
$25
$30
$35
$40
Internal Combustion
Engine Electric Vehicles
Millions
Engineering & Construction
EVSE Capital
Maintenance Cost
Fuel Cost
Vehicle Cost
Incentives
Total of $31.6M (after incentives)
Total of $34.4M
SCE rebates: $1.1M
HVIP: $1.1M
LCFS:$1.5M
MSRC: $250k
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Key Assumptions
• The analysis assumes a 10-year useful life and that the City replaces the vehicles at the end of this period. This is a conservative assumption; using a 15-year useful life results in substantially greater savings from electrification because fuel and maintenance savings continue for an additional five years.
• Energy prices are based on recent/current costs of $6.00/gallon for gasoline, $7.20/gallon for diesel, and approximately $0.25/kWh for electricity under applicable SCE rates (TOUEV-9). • Vehicle acquisition costs incorporate recent manufacturer/vendor quotes, including current pricing for trolleys and other medium- and heavy-duty vehicles. • Charging infrastructure costs use actual PowerFlex project costs for the City Hall and Corporation Yard installations rather than generalized charging infrastructure assumptions.
• The analysis incorporates currently available HVIP incentives, SCE make-ready and transit charger rebates, funding approved by South Coast AQMD MSRC program and LCFS credit revenues.
• The City was awarded $250,000 through the MSRC Zero-Emission Transit Bus Incentive Program to support the purchase of two Class 4–6 electric trolleys and associated charging infrastructure.
• The award includes $100,000 per electric trolley ($200,000 total) and $50,000 toward trolley charging infrastructure.
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Cost-Benefit Analysis for Phase One Fleet Electrification Scenario 2: Reduced Fuel Costs
The cost-benefit analysis compares the cost of transitioning the internal combustion engine (ICE) vehicles supported by the Phase 1 charging infrastructure project to electric vehicles (EVs) against a “do-nothing” scenario in which the City continues to operate and replace these vehicles with comparable gasoline- and diesel-powered vehicles.
Key Results
• The Phase 1 charging infrastructure project is intended to support charging for 118 City owned vehicles including light, medium, and heavy duty vehicles • Over the 10-year analysis period, the EV scenario has an estimated total cost of approximately $31.5 million, compared with $31.8 million for the ICE scenario. • This results in approximately $250,000 in net savings. • These savings are achieved despite the substantially higher upfront cost of purchasing EVs and installing the necessary charging infrastructure. • The primary drivers of the savings are:
o Approximately $6.7 million in fuel savings over 10 years, a 52% reduction compared with gasoline and diesel.
o Approximately $1.7 million in maintenance savings, a 37% reduction. o Approximately $3.95 million in HVIP and SCE incentives, LCFS credit revenues, and recent funding from South Coast AQMD (MSRC) that further reduce the cost of electrification.
Table 1. 10-Year Cost Comparison – ICE vs. EV Scenario
Cost Element ICE Scenario EV Scenario Change with EV Adoption Vehicle Cost $14,245,632 $20,971,452 +$6,725,820
Fuel / Electricity Cost $12,904,457 $6,184,750 -$6,719,707 Maintenance Cost $4,649,235 $2,923,059 -$1,726,176
EVSE Capital $1,779,518.12 +$1,779,518
Engineering & Construction $3,643,536.56 +$3,643,537
HVIP Incentive ($1,110,000) -$1,110,000
SCE Rebate – Make Ready ($890,155) -$890,155
SCE Rebate – Transit Chargers ($235,000) -$235,000
LCFS Credit ($1,462,941) -$1,462,941
MSRC Funding ($250,000) -$250,000
Total 10-Year Cost $31,799,324 $31,554,219 -$245,105
Note: A positive value in the “Change with EV Adoption” column represents an additional cost associated with electrification, while a negative value represents a cost reduction, incentive, or revenue. 714
What Drives the Cost Difference?
• Higher vehicle acquisition cost: Purchasing the EVs costs approximately $6.7 million more than purchasing comparable ICE vehicles.
• Charging infrastructure investment: The EV scenario requires an additional $5.4 million for EVSE equipment, engineering, and construction.
• Fuel savings: These additional capital costs are substantially offset by approximately $6.7 million in fuel savings. Electricity costs are approximately $6.2 million over 10 years compared with $12.9 million for gasoline and diesel.
• Maintenance savings: EV adoption reduces estimated maintenance expenditures by another $1.7 million over 10 years.
• Incentives and LCFS revenues: HVIP, SCE rebates, funding from South Coast AQMD MSRC and LCFS credits provide approximately $3.95 million in additional cost offsets. • Net result: After accounting for all costs and benefits, the EV scenario is approximately $2.8 million less expensive over 10 years than continuing with ICE vehicles. -$3.95
$14.2
$21.0
$13
$6
$5 $3
$1.78
$3.64
($10)
($5)
$0
$5
$10
$15
$20
$25
$30
$35
$40
Internal Combustion
Engine Electric Vehicles
Millions
Engineering & Construction
EVSE Capital
Maintenance Cost
Fuel Cost
Vehicle Cost
Incentives
Total of $31.6M (after incentives)
Total of $31.8M
SCE rebates: $1.1M
HVIP: $1.1M
LCFS:$1.5M
MSRC: $250k
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Key Assumptions
• The analysis assumes a 10-year useful life and that the City replaces the vehicles at the end of this period. This is a conservative assumption; using a 15-year useful life results in substantially greater savings from electrification because fuel and maintenance savings continue for an additional five years.
• Energy prices are based on recent/current costs of $5.00/gallon for gasoline, $6.00/gallon for diesel, and approximately $0.25/kWh for electricity under applicable SCE rates (TOU-EV-9).
• Vehicle acquisition costs incorporate recent manufacturer/vendor quotes, including current pricing for trolleys and other medium- and heavy-duty vehicles. • Charging infrastructure costs use actual PowerFlex project costs for the City Hall and Corporation Yard installations rather than generalized charging infrastructure assumptions.
• The analysis incorporates currently available HVIP incentives, SCE make-ready and transit charger rebates, funding approved by South Coast AQMD MSRC program and LCFS credit revenues.
• The City was awarded $250,000 through the MSRC Zero-Emission Transit Bus Incentive Program to support the purchase of two Class 4–6 electric trolleys and associated charging infrastructure.
• The award includes $100,000 per electric trolley ($200,000 total) and $50,000 toward trolley charging infrastructure.
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Resident's Corrected Version: Cost Benefit Analysis for Phase One Fleet Electrification Laguna Beach City Council, October 13, 2026, Item 11 (EV charging). Prepared by Aaron Peluso, Laguna Beach resident. This follows the layout of the staff analysis in the agenda packet (pp. 704 to 709) and adds present value, a secured funds case, the omitted charger upkeep, and a hybrid option. Present values use 3.49%, the City portfolio yield as of August 31, 2026 (packet p. 73). This is a resident's estimate, not a City document.
Scenario 1: Projected Fuel Costs ($6.00 gas, $7.20 diesel) Key Results
Staff totals (pp. 704 to 706) are reproduced exactly: ICE $34,380,215 vs EV $31,554,219, a staff difference of $2,825,997 in favor of EV. Adding the $35,000 per year charger upkeep raises the EV total to $31,904,219. In present value terms, ICE costs $29,838,022, the staff EV plan $28,917,309 if every outside dollar arrives, $31,373,532 with secured funds only, and the hybrid option $28,234,392.
Table 1. 10-Year Cost Comparison, ICE vs. EV Scenario (resident's corrected version) Cost Element Staff ICE Staff EV Staff difference Corrected EV (upkeep added)
Present value
ICE
Present value EV
(all funds)
PV EV (secured
funds only) PV Hybrid option
Vehicle Cost $14,245,632 $20,971,452 +$6,725,820 $20,971,452 $13,084,440 $19,262,024 $19,262,024 $16,583,789 Fuel / Electricity Cost $15,485,349 $6,184,750 -$9,300,599 $6,184,750 $12,885,047 $5,146,206 $5,146,206 $7,685,297 Maintenance Cost $4,649,235 $2,923,059 -$1,726,176 $2,923,059 $3,868,535 $2,432,219 $2,432,219 $3,089,516 EVSE Capital $1,779,518 +$1,779,518 $1,779,518 $1,749,513 $1,749,513 Engineering & Construction $3,643,537 +$3,643,537 $3,643,537 $3,582,101 $3,582,101 $3,421,564 Charger upkeep (added, p.148) $350,000 $291,228 $291,228 $192,087 HVIP Incentive ($1,110,000) -$1,110,000 ($1,110,000) ($1,019,521) $0 ($1,019,521) SCE Rebate, Make Ready ($890,155) -$890,155 ($890,155) ($860,136) ($860,136) ($609,077) SCE Rebate, Transit Chargers ($235,000) -$235,000 ($235,000) ($219,417) $0 ($219,417) LCFS Credit ($1,462,941) -$1,462,941 ($1,462,941) ($1,217,284) $0 ($660,222) MSRC Funding ($250,000) -$250,000 ($250,000) ($229,622) ($229,622) ($229,622) Total 10-Year Cost $34,380,215 $31,554,219 -$2,825,997 $31,904,219 $29,838,022 $28,917,309 $31,373,532 $28,234,392 In plain English: once timing is counted, the EV plan saves $920,713 compared with ICE in today's dollars if every outside dollar arrives; with secured funds only it costs $1,535,510 more than ICE. The hybrid option saves $1,603,630 compared with ICE with all funds and costs $295,530 more than ICE with secured funds only.
Note: Staff columns are copied from the packet; parentheses are incentives or revenue. PV columns include upkeep. Hybrid option: Corporation Yard chargers only, EVs for medium and heavy duty vehicles, hybrids for 54 light duty vehicles.
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Scenario 2: Reduced Fuel Costs ($5.00 gas, $6.00 diesel) Key Results
Staff totals (pp. 707 to 709) are reproduced exactly: ICE $31,799,324 vs EV $31,554,219, a staff difference of $245,105 in favor of EV. Adding the $35,000 per year charger upkeep raises the EV total to $31,904,219. In present value terms, ICE costs $27,690,514, the staff EV plan $28,917,309 if every outside dollar arrives, $31,373,532 with secured funds only, and the hybrid option $27,418,702.
Table 1. 10-Year Cost Comparison, ICE vs. EV Scenario (resident's corrected version) Cost Element Staff ICE Staff EV Staff difference Corrected EV (upkeep added)
Present value
ICE
Present value EV
(all funds)
PV EV (secured
funds only) PV Hybrid option
Vehicle Cost $14,245,632 $20,971,452 +$6,725,820 $20,971,452 $13,084,440 $19,262,024 $19,262,024 $16,583,789 Fuel / Electricity Cost $12,904,457 $6,184,750 -$6,719,707 $6,184,750 $10,737,539 $5,146,206 $5,146,206 $6,869,607 Maintenance Cost $4,649,235 $2,923,059 -$1,726,176 $2,923,059 $3,868,535 $2,432,219 $2,432,219 $3,089,516 EVSE Capital $1,779,518 +$1,779,518 $1,779,518 $1,749,513 $1,749,513 Engineering & Construction $3,643,537 +$3,643,537 $3,643,537 $3,582,101 $3,582,101 $3,421,564 Charger upkeep (added, p.148) $350,000 $291,228 $291,228 $192,087 HVIP Incentive ($1,110,000) -$1,110,000 ($1,110,000) ($1,019,521) $0 ($1,019,521) SCE Rebate, Make Ready ($890,155) -$890,155 ($890,155) ($860,136) ($860,136) ($609,077) SCE Rebate, Transit Chargers ($235,000) -$235,000 ($235,000) ($219,417) $0 ($219,417) LCFS Credit ($1,462,941) -$1,462,941 ($1,462,941) ($1,217,284) $0 ($660,222) MSRC Funding ($250,000) -$250,000 ($250,000) ($229,622) ($229,622) ($229,622) Total 10-Year Cost $31,799,324 $31,554,219 -$245,105 $31,904,219 $27,690,514 $28,917,309 $31,373,532 $27,418,702 In plain English: once timing is counted, the EV plan costs $1,226,795 more than ICE in today's dollars if every outside dollar arrives; with secured funds only it costs $3,683,018 more than ICE. The hybrid option saves $271,811 compared with ICE with all funds and costs $1,627,350 more than ICE with secured funds only.
Note: Staff columns are copied from the packet; parentheses are incentives or revenue. PV columns include upkeep. Hybrid option: Corporation Yard chargers only, EVs for medium and heavy duty vehicles, hybrids for 54 light duty vehicles.
What Drives the Cost Difference?
• Time value of money: staff adds dollars from different years as if equal. About $5.4 million in charger costs is paid up front (EVSE plus engineering and construction, p. 704), while fuel and maintenance savings arrive over 10 years. Discounting at the City's own 3.49% yield shrinks the later savings. • Outside funds counted as certain: staff subtracts all $3.95 million in incentives. The HVIP voucher ($1.11 million) is uncertain and the LCFS amount ($1.46 million) is uncertain.
The secured funds column removes HVIP, LCFS and the trolley charger rebate. • Charger upkeep omitted: the staff report lists about $35,000 per year (p. 148), and the August report showed about $282,052 per year (p. 154, $2,820,520 over 10 years).
Neither appears in Table 1. This version adds the $35,000 figure; the higher figure would add roughly $2.1 million in present value more. • Scope: Engineering and construction includes City Hall chargers (about $1.94 million) that serve light duty vehicles; the mandate does not require them, and the packet gives no count of vehicles over 8,500 lb. The hybrid option builds only the Corporation Yard portion ($3,480,246, p. 145). • Copy error: p. 708 says the EV scenario is "approximately $2.8 million less expensive" on the $5 page, but its own table (p. 707) shows $245,105.
Outside Funding: Staff Treatment and Likelihood
Source Amount Staff treatment Likelihood Page
SCE make ready rebate $890,155 Counted in full Very likely (Dec 31 deadline) p. 704, 145 720
MSRC trolley award $250,000 Counted in full Very likely (awarded) p. 704, 706 SCE transit (trolley) charger rebate $235,000 Counted in full Likely p. 704 HVIP vouchers $1,110,000 Counted in full Uncertain p. 704 LCFS credits $1,462,941 Counted in full Likely some, amount uncertain p. 704 Federal 30C / 45W credits $0 Not counted Not available n/a In plain English: about $2.8 million of the $3.95 million staff counts (HVIP, LCFS, trolley charger rebate) is not yet in hand.
Key Assumptions (resident's version)
• All staff line items, totals, fuel prices ($6.00 and $5.00 gas; $7.20 and $6.00 diesel; about $0.25/kWh) and the 10 year period are taken from pp. 704 to 709 unchanged. • Discount rate 3.49%, the City's weighted average portfolio yield as of August 31, 2026 (p. 73). Year 0 is FY 2026-27. • Timing (staff gives 10 year totals only): charger costs paid half in year 0 and half in year 1; SCE make ready rebate in year 1; vehicles bought evenly in years 1 to 4 for both ICE and EV; fuel, electricity, maintenance, upkeep and LCFS spread evenly over years 1 to 10; HVIP and MSRC received with vehicle purchases; trolley charger rebate in year 2. • Hybrid option (middle case): 54 light duty vehicles become hybrids at $3,000 more each with 17% lower fuel use; the other 64 medium and heavy duty vehicles go electric, carrying 64/118 of staff's EV vehicle, fuel, maintenance and LCFS differences; Corporation Yard chargers only ($3,480,246) with $630,334 SCE rebate (p. 145); upkeep scaled to 31 of 47 chargers. Low and high hybrid cases change the hybrid PV by roughly $0.3 million either way. • Sources: Item 11 agenda packet, October 13, 2026: p. 73 (Treasurer), pp. 144 to 148 (staff report), p. 151, p. 154 (August report), pp. 704 to 709 (cost benefit analysis). Model and full results available on request.
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AGENDA REPORT
Meeting Date
October 13, 2026
Business
Click to Enter Agenda Number
SUBJECT: RATIFICATION OF LOCAL EMERGENCY PROCLAMATION ARISING FROM
TROPICAL STORM RACHEL SWELL CONDITIONS AND THE ANTICIPATED EL NIÑO STORM SEASON
RECOMMENDATION: It is recommended that the City Council:
1. Adopt the attached resolution ratifying the Proclamation of a Local Emergency, issued by the Director of Emergency Services on October 9, 2026 related to Tropical Storm Rachel, pursuant to Government Code section 8630(b) and Laguna Beach Municipal Code section 2.16.060; and terminating the prior local emergency declared on September 10, 2026 related to Hurricane Marie;
2. Direct the City Manager to return to the City Council at least once every 60 days to review the need for continuing the local emergency, and to recommend termination at the earliest date conditions warrant; an
3. Find that the proposed action is not a project subject to the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15378 because it is an organizational and administrative activity that will not result in a direct or indirect physical change to the environment, or in the alternative, that the proposed action is exempt from CEQA pursuant to State CEQA Guidelines Section 15269 (Emergency Projects).
Appropriation: Fund Name:
Submitted By:
Click or tap here to enter text.
Approved:
Dave Kiff, City Manager
SUMMARY OF THE MATTER
This item would follow State law and the Laguna Beach Municipal Code in having the Laguna Beach City Council, as the governing body of the City of Laguna Beach, ratify the City Manager’s October 9, 2026 determination to proclaim a Local Emergency given the impacts of Tropical Storm Rachel and the anticipated El Niño storm season (“Proclamation”). (Attachment 1.) Staff recommends adoption of the attached resolution ratifying the Proclamation. (Attachment 2.) The California Emergency Services Act (Government Code sections 8550 et seq.) establishes, relevant here, the basis for a local emergency. Government Code section 8558(c) defines a “local emergency” as the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within a city’s territorial limits, caused by conditions such as fire, flood, or storm, “which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision.” Government Code section 8630(b) provides that a local emergency proclaimed by a designated official “shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body.” The Proclamation was issued on October 9, 2026 and therefore expires by operation of law on October 16, 2026. If the Proclamation lapses, the emergency contracting and cost-recovery authorities described below terminate with it, and a new proclamation would be required. 722
RATIFICATION OF LOCAL EMERGENCY PROCLAMATION ARISING FROM TROPICAL STORM RACHEL SWELL CONDITIONS AND THE ANTICIPATED EL NIÑO STORM SEASON
October 13, 2026
DISCUSSION
Tropical Storm Rachel & El Niño
The National Hurricane Center (“NHC”), administered through the National Weather Service as a branch of the National Oceanic and Atmospheric Administration (“NOAA”), issued several advisories commencing October 9, 2026, for Tropical Storm Rachel,1 a storm system off the coast of Mexico moving northwestward in the Pacific Ocean. As of 11:00 a.m. on October 9, 2026, NHC issued an advisory that Tropical Storm Rachel is expected to bring strong gusty winds, rainfall, life-threatening surf and rip current conditions, and coastal flooding through next week. NHC further advised that, starting on October 8, 2026, Tropical Storm Rachel, in conjunction with high tide and large swells, will produce dangerous beach conditions along the Southern California coastline, including in the City of Laguna Beach, which has resulted in significant sand movement and coastline erosion throughout the City that remains ongoing. It is expected that flooding in certain low-lying areas of the City will occur during high tide for approximately the next sixteen (16) days.
On September 10, 2026, NOAA's Climate Prediction Center (“CPC”) issued an El Niño Advisory finding a greater than 90% chance of a very strong El Niño during the fall and winter of 2026-27, with an approximately 69% probability that the event will exceed in intensity, every El Niño recorded since 1950, during the October through December 2026 season. The CPC seasonal outlook has raised the probability of above-normal precipitation to more than 50% across much of coastal California, conditions historically associated with damaging storms, and coastal flooding and erosion along the Laguna Beach shoreline.
Local Emergency Proclamation
On October 9, 2026, the Director of Emergency Services (the City Manager) found conditions of extreme peril to the safety of persons and property within the City of Laguna Beach as a result of the significant surf, rip currents, and sand movement from Tropical Storm Rachel, and further found that such conditions of disaster and extreme peril continue as certain City beaches, City infrastructure, and private property remain particularly vulnerable to additional coastal erosion, both immediately and as a result of the anticipated El Niño storm season, which may prevent restoration of sand on the City’s beaches and risk the continued erosion and exposure of such beaches, infrastructure, and private property.
The Director further found that Tropical Storm Rachel, exacerbated by the imminent threat of El Niño storm conditions, has necessitated, and is likely to continue to necessitate, the immediate procurement of equipment, materials, services, and construction work to protect life and property, including without limitation emergency shoreline and bluff protection, sand placement, debris removal, structural and geotechnical assessment, and the repair or replacement of damaged public facilities. Further, the delay associated with ordinary competitive solicitation, purchasing, and contracting procedures would imperil public health, safety, and property.
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RATIFICATION OF LOCAL EMERGENCY PROCLAMATION ARISING FROM TROPICAL STORM RACHEL SWELL CONDITIONS AND THE ANTICIPATED EL NIÑO STORM SEASON
October 13, 2026
Accordingly, the Director issued the Proclamation and declared a local emergency for the following areas:
Main Beach, Aliso Beach, and the immediately adjacent properties, together with such other areas of the City as may be affected by the coastal erosion or sand movement from the Tropical Storm Rachel or the anticipated El Niño storm conditions.
Ratification of Proclamation
State law requires that any proclamation of a local emergency by an authorized individual, such as the City Manager per the City’s Municipal Code, must be ratified by the legislative body within seven (7) days of the date that the proclamation was entered. This agenda item asks the Laguna Beach City Council to discuss and consider ratification of the Proclamation (shown as Attachment 1). Staff further requests the City Council extend it for 60 days and direct staff to return before expiration of that period to evaluate a further extension or termination of the local emergency proclamation (unless the circumstances warrant earlier termination). It remains to be determined as to the duration of the emergency event, and staff is prepared to discuss this with the Council as we learn more and as events progress. Finally, staff requests the City Council terminate the prior local emergency declared on September 10, 2026 related to Hurricane Marie.
The proposed resolution (shown as Attachment 2) further directs the Director to take all steps warranted to evaluate the extent of the damage resulting from the local emergency and, if appropriate, to seek financial assistance, including but not limited to, through efforts with the County of Orange and/or the State of California, including through the California Disaster Assistance Act, if it has been identified that local resources are insufficient and the emergency situation is beyond the City’s capabilities.
FINANCIAL ANALYSIS
The City is evaluating the costs associated with emergency response and protective measures undertaken to date, as well as additional near-term costs estimated for further emergency protective measures and repairs. If appropriate, and as authorized by the attached Resolution, staff will pursue reimbursement through the County and/or State, including under the California Disaster Assistance Act, though certain expenses may be ineligible and no reimbursement is assured.
ENVIRONMENTAL ANALYSIS
The recommended action is not a project under the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15378 because it consists solely of the City Council's consideration of the ratification of the City Manager/Director of Emergency Service’s declaration of a local emergency, which is an organizational and administrative activity that will not result in a direct or indirect physical change to the environment.
In the alternative, ratification of the Proclamation and the emergency actions taken pursuant to it are exempt from the California Environmental Quality Act under Public Resources Code section 21080(b)(4) and State CEQA Guidelines section 15269, which exempts emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety, or welfare, and specific actions necessary to prevent or mitigate an emergency.
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RATIFICATION OF LOCAL EMERGENCY PROCLAMATION ARISING FROM TROPICAL STORM RACHEL SWELL CONDITIONS AND THE ANTICIPATED EL NIÑO STORM SEASON
October 13, 2026
ATTACHMENTS
1. October 9, 2026 Proclamation of a Local Emergency by the Director of Emergency Services; and
2. Proposed Resolution Ratifying the October 9, 2026 Proclamation of a Local Emergency by the Director of Emergency Services
Report Prepared By:
Megan Garibaldi, City Attorney
Coordinated With:
Jane Abzug, Assistant City Attorney
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RESOLUTION NO. 26-__
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA,
RATIFYING THE OCTOBER 9, 2026
PROCLAMATION OF A LOCAL EMERGENCY
ISSUED BY THE DIRECTOR OF EMERGENCY
SERVICES ARISING FROM TROPICAL STORM
RACHEL SWELL CONDITIONS AND THE
ANTICIPATED EL NIÑO SEASON, AND
TERMINATING THE PRIOR LOCAL EMERGENCY
DECLARED ON SEPTEMBER 10, 2026 RELATED
TO HURRICANE MARIE
WHEREAS, on October 9, 2026, the City Manager, acting as Director of Emergency Services (“Director”) pursuant to Sections 2.16.050 and 2.16.060 of the Laguna Beach Municipal Code, proclaimed the existence of a local emergency within the City arising from coastal erosion, flooding, and sand loss caused by swell from Tropical Storm Rachel;1 and the threat of further damage from the anticipated El Niño storm season, a true and correct copy of which Proclamation is attached hereto as Exhibit A and incorporated herein by this reference; and
WHEREAS, Section 2.16.060(A)(1) of the Laguna Beach Municipal Code provides that whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect, and Government Code section 8630(b) imposes the same seven-day requirement; and
WHEREAS, the City Council has reviewed the Proclamation and finds that the conditions of disaster and extreme peril to the safety of persons and property described therein continue to exist within the City; and
WHEREAS, Government Code section 8630(c) requires the City Council to review the need for continuing the local emergency at least once every 60 days until it is terminated, and Section 8630(d) requires the City Council to proclaim termination at the earliest possible date that conditions warrant.
WHEREAS, the conditions of extreme peril to the safety of persons and property that existed within the City as a result of the significant surf, rip currents, and sand 1 At the time of drafting, Rachel was classified as a tropical storm. In the event this tropical storm is reclassified (i.e., hurricane, tropical depression, etc.), the findings, analysis and emergency declaration all remain applicable
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movement from Hurricane Marie that resulted in the September 9, 2026 Declaration of Local Emergency are no longer present.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The Proclamation of a Local Emergency issued by the Director of Emergency Services on October 9, 2026, attached hereto as Exhibit A, is hereby ratified and confirmed in its entirety.
SECTION 3. The local emergency so ratified shall continue in effect for a period of sixty (60) days from the date of adoption of this Resolution, unless sooner terminated by the City Council or further extended by resolution of the City Council. The City Council shall review the need for continuing the local emergency at least once every 60 days until it is terminated, and shall proclaim its termination at the earliest possible date that conditions warrant.
SECTION 4. The Director is hereby directed to take all steps warranted to evaluate the extent of the damage resulting from the local emergency and, if appropriate, to seek financial assistance, including but not limited to, through efforts with the County of Orange and/or the State of California, including through the California Disaster Assistance Act, if it has been identified that local resources are insufficient and the emergency situation is beyond the City’s capabilities.
SECTION 5. The September 10, 2026 Declaration of Local Emergency related to the significant surf, rip currents, and sand movement from Hurricane Marie in the City is hereby terminated.
SECTION 6. The City Council finds that this action is not a project subject to the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15378 because it is an organizational and administrative activity that will not result in a direct or indirect physical change to the environment, or in the alternative, that the proposed action is exempt from CEQA pursuant to State CEQA Guidelines Section 15269 (Emergency Projects).
SECTION 7. This Resolution shall take effect immediately upon its adoption. The City Clerk shall certify to the adoption of this Resolution. 731
PASSED, APPROVED AND ADOPTED this ____ day of October, 2026. _______________________________________
Mark Orgill, Mayor
ATTEST:_______________________________________
Ann Marie McKay, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF LAGUNA BEACH )
I, Ann Marie McKay, City Clerk of the City of Laguna Beach, California, do hereby certify that the foregoing Resolution No. 26-____ was duly adopted by the City Council of the City of Laguna Beach at a regular meeting thereof held on the ____ day of October, 2026, by the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
_______________________________________
Ann Marie McKay, City Clerk
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EXHIBIT A
Proclamation of the Emergency Services Director Declaring a Local Emergency, executed October 9, 2026
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