Cities Index.
Agenda packet

Seal Beach City Council
July 25, 2022

Document
Agenda packet
Meeting
July 25, 2022
Body
Seal Beach City Council
Pages
19
Original file
44.1 MB
Text extracted from the city's file for reading and search. Open the original on sealbeach.primegov.com. That file is the official record.

Pursuant to Section 673 of the Streets and Highway code, the City is responsible for carrying out and paying for the waterline relocation work. OCTA has proposed that it and its contractor design and construct the work, and that the City reimburse OCTA for the costs incurred. Staff therefore recommends entering into Utility Agreement No. UK104291 with OCTA for the design and construction of the work, and the City will reimburse OCTA in a not-to-exceed amount of $219,515.

As the schedule and costs were uncertain at the time of the FY 2022-23 budget preparation, staff further recommends approving Budget Amendment #23-01-02 allocating $250,000 from the Water Fund to cover design, construction, inspection/testing, and unforeseen work requests.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a utility agreement will not have a significant effect on the environment.

LEGAL ANALYSIS:

The City Attorney has approved the agreement and resolution as to form.

FINANCIAL IMPACT:

The table below presents the estimated breakdown of the total construction cost:

Description Amount
Design & Construction $ 219,515
Contingency $ 10,485
Inspection/Testing $ 20,000
Total $ 250,000
Budget Amendment BA #23-01-02 will allocate $250,000 from the Water Fund reserve.

Description Account
Revised/Adopted
Budget
Proposed
Budget
Budget (diff)
Amendment
Capital Improvements 501-500-0900-55000 $ 4,979,000 $ 5,229,000 $ 250,000 STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

Page 3 ends

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

That the City Council adopt Resolution 7315:

1. Approving Utility Agreement No. UK104291 between the City of Seal Beach and Orange County Transportation Authority (OCTA) for the relocation of City waterlines across the Montecito Storm Drain Channel in connection with the I-405 Freeway Improvement Project in the not-to-exceed amount of $219,515;

2. Authorizing the City Manager to execute the agreement;

3. Approving Budget Amendment BA #23-01-02 in the amount of $250,000; and,

4. Appropriating $250,000 to project WT2207.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Jill R. Ingram
Iris Lee, Acting Director of Public
Works
Jill R. Ingram, City Manager
Prepared by: David Spitz, P.E. QSD, Associate Engineer
ATTACHMENTS:

A. Resolution 7315
B. Utility Agreement UK104291
RESOLUTION 7315

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING UTILITY AGREEMENT NO. UK104291 BETWEEN

ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE

CITY OF SEAL BEACH, AND APPROVING BUDGET
AMENDMENT BA #23-01-02 TO ALLOCATE $250,000
WHEREAS, Orange County Transportation Authority (“OCTA”), in cooperation and partnership with Caltrans, is proposing to reduce congestion and improve lane continuity through the I-405 corridor (“Corridor”) with improvements to mainline and interchanges on I-405 between State Route 73 and Interstate 605 (“I-405 Improvement Project”); and,
WHEREAS, the Montecito Storm Drain Channel will need to be widened as part of the I-405 Improvement Project, and as a result, the City’s two (2) existing 8-inch water lines (“Water Facilities”) that cross under the Channel that serves the College Park West neighborhood will need to be relocated to accommodate the Corridor; and,
WHEREAS, OCTA will relocate the Water Facilities and the City will reimburse OCTA for work performed under Utility Agreement No. UK104291 in a not-toexceed amount of $219,515; and, WHEREAS, the City Council has read said Utility Agreement in full and is familiar with the contents thereof.

THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE, FIND AND DETERMINE AS FOLLOWS:

SECTION 1. The City Council hereby approves Utility Agreement No. UK104291 between the City of Seal Beach and Orange County Transportation Authority attached hereto as Exhibit “A” and incorporated herein by this reference as though set forth in full.

SECTION 2. The City Council of the City of Seal Beach hereby authorizes the City Manager to execute the Utility Agreement.

SECTION 3. The City Council hereby approves Budget Amendment #BA 23-01- 02 allocating $250,000 as follows:

Description Account
Revised/Adopted
Budget
Proposed
Budget
Budget (diff)
Amendment
Capital Improvements 501-500-0900-55000 $ 4,979,000 $ 5,229,000 $ 250,000 SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of July, 2022 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7315 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 25th day of July, 2022.

Gloria D. Harper, City Clerk

ORANGE COUNTY TRANSPORTATION AUTHORITY
UTILITY AGREEMENT NO UK104291
02-03-2016

DISTRICT
12 COUNTY
Orange
ROUTE
I-405

POST MILE

9.3-24.2
EA
12-0H100

PROJECT ID
1200000180

FEDERAL AID NUMBER
HPLULN-6071(043)
OWNER’S PLAN NUMBER
N/A

FEDERAL PARTICIPATION
On the project YES NO On the Utilities YES NO
UTILITY AGREEMENT NO. UK104291 DATE
The Orange County Transportation Authority (OCTA) in cooperation with the California Department of Transportation ("Caltrans") is proposing to improve Interstate 405 between State Route 73 and Interstate 605 (Project). OCTA and Caltrans have entered into Cooperative Agreement No. 12-697 relating to the Project under which Caltrans will provide Project oversight and upon completion of the Project, Caltrans will continue to own and maintain the Interstate 405.

City of Seal Beach
Hereinafter referred to as “OWNER”, owns and maintains the following (the “Utility Facilities”) Two 8-inch steel water lines in concrete encasement crossing the Montecito Channel west of the I-405 freeway and north of the SR-22 freeway in the City of Seal Beach within the limits of the OCTA Project which require
relocation
to accommodate OCTA’s Project.

It is hereby mutually agreed between OCTA and OWNER as follows:

I. WORK TO BE PERFORMED
In accordance with Notice to Owner No. UK104291 dated 6/7/2022, OCTA shall relocate OWNER’s Utility Facilities as shown on OCTA’s Design-Build project plans for the improvement of Interstate 405, EA 12-0H100 which by this reference are made a part hereof.

OWNER hereby acknowledges review of OCTA’s Design-Build project plans for work and agrees to the construction in the manner proposed. Deviations from the plan described above initiated by either OCTA or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by OCTA and agreed to/acknowledged by the OWNER, will constitute an approved revision of the plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. OWNER shall have the right to inspect the work during construction. Upon completion of the work by OCTA, OWNER agrees to accept ownership and maintenance of the constructed facilities and relinquishes to OCTA ownership of the replaced facilities, except in the case of liability determined pursuant to Water Code 7034 or 7035.

UTILITY AGREEMENT (Cont.) Page 2 of 4
UTILITY AGREEMENT NO.

UK104291
II. LIABILITY FOR WORK
The existing facilities are located within the County of Orange’s right of way under permit and will be relocated at OWNER’s expense under the provisions of Section 673 of the Streets and Highways Code.

III. PERFORMANCE OF WORK
OWNER shall have access to all phases of the relocation work to be performed by OCTA, as described in Section I above, for the purpose of inspection to ensure that the work is in accordance with the specifications contained in OCTA’s Design-Build Contract; however, all questions regarding the work being performed will be directed to OCTA’s Resident Engineer for their evaluation and final disposition.

Work performed by OWNER’s contractor is a public work under the definition of Labor Code Section 1720(a) and is therefore subject to prevailing wage requirements.

Work performed directly by Owner’s employees falls within the exception of Labor Code Section 1720(a)(1) and does not constitute a public work under Section 1720(a)(2) and is not subject to prevailing wages. OWNER shall verify compliance with this requirement in the administration of its contracts referenced above.

IV. PAYMENT FOR WORK
The OWNER shall pay its share of the actual cost, not-to-exceed the value of this Agreement, and pay its share of said work within 45 days after receipt of OCTA’s bill, compiled on the basis of the actual bid price of said contract. The not-to-exceed cost to OWNER for the work being performed by OCTA’s Design-Build contractor is $219,515.

V. GENERAL CONDITIONS
If OCTA’s Project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, OCTA will notify OWNER in writing and OCTA reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement.

OWNER shall submit a Construction Inspection Approval Letter to OCTA within 30 days of the completion of the work described herein.

It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated into this Agreement.

UTILITY AGREEMENT (Cont.) Page 3 of 4
UTILITY AGREEMENT NO.

UK104291
In addition, the provisions of 23 CFR 635.410, Buy America, are also incorporated into this Agreement. The Buy America requirements are further specified in Moving Ahead for Progress in the 21st Century (MAP-21), section 1518; 23 CFR 635.410 requires that all manufacturing processes have occurred in the United States for steel and iron products (including the application of coatings) installed on a project receiving funding from the FHWA.

If, in connection with OWNER’S performance of Work hereunder, OCTA provides to OWNER any materials that are subject to the Buy America Rule, OCTA acknowledges and agrees that OCTA shall be solely responsible for satisfying any and all requirements relative to the Buy America Rule concerning the materials thus provided (including, not limited to, ensuring and certifying that said materials comply with the requirements of the Buy America Rule).

OCTA further acknowledges that OWNER, in complying with the Buy America Rule, is expressly relying upon the instructions and guidance (collectively, “Guidance”) issued by Caltrans and its representatives concerning the Buy America Rule requirements for utility relocations within the State of California. Notwithstanding any provision herein to the contrary, OWNER shall not be deemed in breach of this Agreement for any violations of the Buy America Rule if OWNER’s actions are in compliance with the Guidance.

OWNER will review and/or approve the submitted Project plans within a period of four (4) weeks.

The terms of this Agreement shall be binding and inure to the benefits of the Parties hereto.

THE NOT-TO-EXCEED COST TO OWNER FOR ITS SHARE OF THE ABOVEDESCRIBED WORK IS $219,515 Signatures on Following Page
UTILITY AGREEMENT (Cont.) Page 4 of 4
UTILITY AGREEMENT NO.

UK104291

SIGNATURE PAGE
TO
UTILITY AGREEMENT NO.

UK104291
IN WITNESS WHEREOF, the above parties have executed this Agreement on the dates below.

Owner:

CITY OF SEAL BEACH, a charter city ORANGE COUNTY

TRANSPORTATION AUTHORITY,
a public entity

APPROVED APPROVED
By: By:

Title:

Date: Date:

James G. Beil
Executive Director,
Capital Programs
APPROVED AS TO FORM: APPROVED AS TO FORM:

By: By:

Craig A. Steele
City Attorney
James M. Donich
General Counsel
Date: Date:

Agenda Item I

AGENDA STAFF REPORT
DATE: July 25, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Acting Director of Public Works
SUBJECT: Authorizing Expenditures with Baker Electric, Inc. for the Beach House Restaurant Electrical Equipment Installation (CIP BG1808), Pursuant to an On-Call Maintenance Services Agreement
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7316:

1. Authorizing the City Manager to approve expenditures in the not-to-exceed amount of $67,265 to Baker Electric, Inc. for electrical equipment installation at the Beach House restaurant located at 15 First Street (CIP BG1808), pursuant to an On-Call Maintenance Services Agreement dated December 13, 2021;

2. Authorizing the City Manager to approve additional work requests, in connection with the Project, in the not-to-exceed amount of $20,000.

3. Approving project BG1808 appropriation from $215,000 to $302,265; and,

4. Approving Budget Amendment BA 23-01-01 in the amount of $87,265.

BACKGROUND AND ANALYSIS:

On March 12, 2018, the City entered into a Facility Lease with Bay City, LLC for the property located at 15 First Street. As Bay City, LLC assigned its interest, the City entered into the First Amendment to Lease with Beach House at the River, LLC on January 27, 2020. The Lease stipulated that the City performs certain Base Building Work, which included new electrical equipment to support the facility’s use.

Baker Electric, Inc. submitted a proposal dated June 6, 2022 to install the electrical equipment at 15 First Street (also known as the Beach House restaurant) under their existing On-Call Maintenance Services Agreement with the City, dated December 13, 2021 (“Agreement”). The recommended expenditure authorization

Page 2 ends

under Baker Electric, Inc. is in a not-to-exceed amount of $67,265. The proposed costs of services were found to be comparable within the current market.

Due to the rising costs of construction and other obligations as set forth in the Facility Lease, staff further recommends authorizing the City Manager to approve additional work requests in connection with the Project in a not-to-exceed amount of $20,000.

ENVIRONMENTAL IMPACT:

This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Subsection (a) as the Project involves alternations of an existing facility with no expansion of use.

LEGAL ANALYSIS:

The City Attorney has approved the resolution as to form.

FINANCIAL IMPACT:

Budget Amendment BA #23-01-01 will allocate $87,265 from the General Fund reserve.

Description Account
Revised/Adopted
Budget
Proposed
Budget
Budget (diff)
Amendment
Capital Improvements 301-500-0333-55000 $ 2,620,500 $ 2,707,765 $ 87,265 Transfer In - CIP 301000-0000-49100 $ 2,620,500 $ 2,707,765 $ 87,265 Transfer Out - CIP 101-150-0080-59100 $ 2,620,500 $ 2,707,765 $ 87,265 Description Amount
Construction $ 67,265
Contingency $ 20,000
Total $ 87,265
Any unspent funds remaining from this project will be returned to the original funding source
STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

Page 3 ends

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

That the City Council adopt Resolution 7316:

1. Authorizing the City Manager to approve expenditures in the not-to-exceed amount of $67,265 to Baker Electric, Inc. for electrical equipment installation at the Beach House restaurant located at 15 First Street (CIP BG1808), pursuant to an On-Call Maintenance Services Agreement dated December 13, 2021;

2. Authorizing the City Manager to approve additional work requests, in connection with the Project, in the not-to-exceed amount of $20,000.

3. Approving project BG1808 appropriation from $215,000 to $302,265; and,

4. Approving Budget Amendment BA 23-01-01 in the amount of $87,265.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Jill R. Ingram
Iris Lee
Acting Director of Public Works
Jill R. Ingram, City Manager
Prepared by: Scott Smith, Interim Deputy Director of Public Works/Maintenance and Utilities & Sean Sabo, Management Analyst
ATTACHMENTS:

A. Resolution 7316
B. Baker Electric, Inc. Proposal, dated June 6, 2022
RESOLUTION 7316

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AUTHORIZING THE CITY MANAGER TO APPROVE
EXPENDITURES TO BAKER ELECTRIC, INC. FOR

THE BEACH HOUSE RESTAURANT ELECTRICAL
EQUIPMENT INSTALLATION (CIP BG1808)

PURSUANT TO ON-CALL MAINTENANCES SERVICES

AGREEMENT
WHEREAS, on March 12, 2018, the City entered a Facility Lease with Bay City, LLC for the property located at 15 First Street; and,
WHEREAS, on March 12, 2018, the City entered into a Memorandum of Lease with Bay City, LLC regarding the property located at 15 First Street, and was recorded as Document No. 201800009825 in the Official Records of Orange County, California; and,
WHEREAS, Bay City LLC, assigned its interest in the Facility Lease to Beach House on the River, LLC; and,
WHEREAS, on January 27, 2020, the City entered into the First Amendment to Lease with Beach House at the River, LLC; and,
WHEREAS, the City shall perform the Base Bid Work described in Exhibit B of the Facility Lease, which included electrical equipment upgrades; and, WHEREAS, on December 13, 2021, the City entered into an On-Call Maintenance Services Agreement with Baker Electric, Inc.; and, WHEREAS, Baker Electric, Inc. submitted a proposal dated June 6, 2022 to the City to install electrical equipment (Project); and,
WHEREAS, Baker Electric, Inc. is a qualified firm to perform the Project.

NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

Section 1. The City Council hereby authorizes the City Manager to approve expenditures to Baker Electric, Inc. to install electrical equipment at the Beach House restaurant located at 15 First Street, in a notto-exceed amount of $67,265, pursuant to the December 13, 2021 On-Call Professional Services Agreement between the City and Baker Electric, Inc.

Section 2. The City Council hereby authorizes the City Manager to approve additional work requests in the cumulative not-to-exceed amount of $20,000.

Section 3. The City Council hereby approves project BG1808 appropriation from $215,000 to $302,265.

Section 4. The City Council hereby approves Budget Amendment #BA 23-01- 01 allocating $87,265 from the General Fund as follows:

Description Account
Revised/Adopted
Budget
Proposed
Budget
Budget (diff)
Amendment
Capital Improvements 301-500-0333-55000 $ 2,620,500 $ 2,707,765 $ 87,265 Transfer In - CIP 301000-0000-49100 $ 2,620,500 $ 2,707,765 $ 87,265 Transfer Out - CIP 101-150-0080-59100 $ 2,620,500 $ 2,707,765 $ 87,265 PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of July, 2022 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Joe Kalmick, Mayor
ATTEST:

Gloria D. Harper, City Clerk
Description Amount
Construction $ 67,265
Contingency $ 20,000
Total $ 87,265
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7316 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of July, 2022.

Gloria D. Harper, City Clerk
1298 Pacific Oaks Place
Escondido, CA 92029
760.745.2001 Tel
760.745.3610 Fax
www.Baker-Electric.com Page 1 of 3
LIC# 161756 B C10 C46 / DIR# 1000000466
Monday, June 06, 2022
City of Seal Beach Q22-10403
1776 Aldofo Lopez Dr.

Seal Beach, CA 90740
Attn: Scott Smith
Re: The Beach House Switchgear Installation
Thank you for this opportunity to bid on this scope of work, and we look forward to working with you.

We propose to furnish labor, materials, and equipment to perform the electrical work on the above referenced project for the amount shown below. This proposal is based on the scope of work shown on the drawings, specifications and the following clarifications/exclusions listed below. This proposal is contingent upon contract terms and conditions being acceptable to Baker Electric, Inc.

Electrical Sheets:

N/A
Specification Sections:

Per NEC
Addendums Acknowledged:

N/A
Base Bid $67,265.00
Electrical Scope:
• Provide clearing of existing conduits with compressed air. • Pull mandrel through (2) existing 4”conduits from SCE hand hole H563A to switchboard location. • Provide ¼ rope pull line in existing conduits from H563A to switchboard location. (Conduits may have obstructions that cannot be cleared and may need potholing to repair.) • Provide new concrete service pad per drawings provided. • Mobilize existing switchboard from maintenance yard to site. • Provide equipment as required to relocate and install gear on site. • Install switchgear on pad and provide anchorage.
• Provide QA/QC of owner furnished switchboard.
• Provide coordination with SCE, City and GC for installation. 1298 Pacific Oaks Place
Escondido, CA 92029
760.745.2001 Tel
760.745.3610 Fax
www.Baker-Electric.com Page 2 of 3
LIC# 161756 B C10 C46 / DIR# 1000000466
Clarifications:

1. Existing conduits may have obstructions that cannot be cleared and will require repairs. No funds have been carried in the proposal to account for unforeseen circumstances.

2. This bid is based on the use of approved industry standard materials and methods.

3. Proposal is based upon a concurrent construction schedule with no delays.

4. Baker Electric’s bond rate is not included in the above pricing.

5. Pricing is based on lay-down for tools, equipment and material being in the immediate area.

6. This bid assumes that there is sufficient parking for our crew.

7. This bid assumes that we will have access to the work are during normal business hours.

8. It is presumed that the existing electrical service/equipment can accept any/all the added electrical equipment/demand, and that all existing equipment is in good working conditions to accept the alterations per the above scope of work.

9. This bid assumes that sufficient access to the work area, and the use of the loading dock and freight elevators will be provided to get the equipment in and out of the building and to the roof.

10. This bid assumes that the building facilities personnel will put the critical building systems into bypass/test mode as needed for this scope of work and handles any systems that may need to be addressed during this time.

11. This bid includes a 1-year warranty on all work from Baker Electric on installation only.

Exclusions:

1. Unforeseen conditions.

2. SCE service or city fees.

3. Liquidated damages.

4. Owner certified insurance programs.

5. Payment and performance bond.

6. Permit fees.

7. Design and engineering fees.

8. Electrical or structural engineering.

9. Any work in asbestos or lead contaminated environments or work requiring containment areas and/or special containment clothing / protection suits.

10. Working in energized electrical gear, or on energized electrical devices.

11. Commissioning.

12. Any work other than what is specifically mentioned in the plans noted above.

This proposal is contingent upon:
• Payment for the below services will be due in full upon completion of the work. If the duration of the project extends past one month, Baker Electric will submit an invoice for the work accomplished in that month. All invoices are due and payable within fifteen (15) days of receipt or 2% interest per month may be added at the sole discretion of our firm.

In the event it shall become necessary for Baker Electric to institute legal proceedings to collect the cost of the charge as set forth herein, then and in that event the unsuccessful party shall pay to the successful party reasonable attorney fees. • This proposal is based upon not participating in an OCIP or Wrap Insurance Program. In the event this is a requirement of the project, Baker Electric will need to be notified of the 1298 Pacific Oaks Place
Escondido, CA 92029
760.745.2001 Tel
760.745.3610 Fax
www.Baker-Electric.com Page 3 of 3
LIC# 161756 B C10 C46 / DIR# 1000000466
content and requirements of the program at time of project award, an insurance credit, if applicable, will be provided by Baker Electric and Baker Electric will require a $ 1,500.00 administration fee to be added to the contract for the management and administrative effort.

NOTICE: THIS PROPOSAL IS CONTINGENT ON A LACK OF IMPACT BY THE CORONAVIRUS NATIONAL EMERGENCY. Given the existence of the coronavirus pandemic, [Contractor/Subcontractor] will use its best efforts to staff and supply this project to be able to hit the scheduled completion date but reserves its right to seek an excusable extension of time if [Contractor/Subcontractor] or its subcontractors and suppliers are unable to maintain planned crew sizes due to the illness, supply shortages or governmental restraints on business, travel and/or assembly. To the extent that the project is suspended pursuant to the terms of the proposed [Contract/Subcontract], we intend to seek additional costs associated with the suspension.t required to participate within the OCIP, CCIP or Wrap Program.

Please call me at (760-802-1444) if there are any questions regarding this proposal. This quotation is valid for (30) days from the date of proposal, and any modifications or amendments to this document must be in writing.

Sincerely,
Brandon Bec
Service Manager
Baker Electric, Inc.

Phone (760) 745-2001
Fax: (760) 745-0321
Cell (760) 802.1444
CLIENT ACCEPTANCE: _______________________________________________________________ (Signature)
CLIENT PRINTED NAME: _______________________________________________________________ CLIENT PURCHASE ORDER No.:__________________________________________________________ (If Applicable)
DATE OF ACCEPTANCE: _______________________________________________________________ CLIENT BILLING ADDRESS: _______________________________________________________________ CLIENT PHONE NUMBER: _______________________________________________________________ Agenda Item J

AGENDA STAFF REPORT
DATE: July 25, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Acting Director of Public Works
SUBJECT: Awarding and Authorizing Execution of a Professional Services Agreement with AKM Consulting Engineers, Inc.
for the Lampson Well Treatment System (CIP WT1902) –
Construction Management and Inspection Services
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7317:

1. Awarding a Professional Services Agreement to AKM Consulting Engineers, Inc. in a not-to-exceed amount of $299,322 to provide construction management and inspection services for the Lampson Well Treatment System (CIP WT1902); and,

2. Authorizing and directing the City Manager to execute the Agreement; and,

3. Authorizing the City Manager to approve additional work requests up to the total amount of $20,000 in connection with the Project; and

4. Rejecting all other proposals.

BACKGROUND AND ANALYSIS:

The City owns and maintains four (4) water production wells – (1) Lampson Well, (2) Beverly Manor Well, (3) Leisure World Well, and (4) Bolsa Chica Well. The Lampson Well is located at the easterly end of the Old Ranch Country Club on Lampson Avenue.

When Lampson Well runs for long periods of time or at higher flow rates, there is an increase in hydrogen sulfide (H2S) concentrations. While H2S is identified under the National Secondary Drinking Water Regulations for aesthetic effects and is not a health and safety concern, the nuisance odor from H2S is distinct. As such, the Lampson Well Treatment System (Project) was budgeted into the Capital Improvement Program to permanently treat this nuisance odor and ultimately increase well production capacity and operational flexibility.

Page 2 ends

The Project is nearing design completion. Given the Project’s complexity, it is customary to retain a construction manager at this point to become familiarized with the Project and provide a constructability review. It is also recommended that the construction management and inspection services be coordinated to provide the best construction oversight. Accordingly, staff solicited for proposals and recommends selection of AKM Consulting Engineers, Inc. (AKM) to provide the Project’s construction management and inspection services based on their qualifications and expertise.

As AKM prepared the City’s Water Master Plan and several water system designs, they are familiar with the Project site, scope, and needs. Mike Fredriksz, Construction Manager at AKM, brings over 25 years of experience providing construction oversight and previously served as the Irvine Ranch Water District inspection services supervisor. Ryan Bigger, Construction Inspector at AKM, brings a strong background in not only utility infrastructure inspection, but also material testing and specialty inspection.

AKM’s proposal is in a not-to-exceed amount of $299,322, which includes both construction management and inspection services for the construction duration. A separate inspector is being proposed, versus utilizing Public Works’ existing contract inspector, to provide the full-time construction oversight that this Project will require.

The scope of work generally includes:
• Constructability review
• Construction oversight and contract enforcement
• Documented inspection services
• Material and geotechnical testing services
• System shut-down and start-up coordination
• Project close-out
Given the Projects’ complexity and importance to the City’s water system reliability, staff recommends authorizing the City Manager to approve additional work requests up to $20,000 to avoid delay in resolving any unforeseen urgent issues.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a professional services agreement with AKM Consulting Engineers, Inc. will not have a significant effect on the environment.

Environmental impacts related to the project construction will be assessed under a separate effort.

Page 3 ends

LEGAL ANALYSIS:

The City Attorney has approved the agreement and resolution as to form.

FINANCIAL IMPACT:

Cost associated with AKM’s agreement will be expensed from the Lampson Well Treatment System (WT1902) Project account. Sufficient funding for the construction management and inspection services has been budgeted. No budget amendment is being requested at this time.

CIP Project Amount
Construction Management & Inspection Services $ 299,322 Contingency 20,000
Total $ 319,322
STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

That the City Council adopt Resolution 7317:

1. Awarding a Professional Services Agreement to AKM Consulting Engineers, Inc. in a not-to-exceed amount of $299,322 to provide construction management and inspection services for the Lampson Well Treatment System (CIP WT1902); and,

2. Authorizing and directing the City Manager to execute the Agreement; and,

3. Authorizing the City Manager to approve additional work requests up to the total amount of $20,000 in connection with the Project; and

4. Rejecting all other proposals.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Jill R. Ingram
Iris Lee,
Acting Director of Public Works
Jill R. Ingram, City Manager

Page 4 ends

ATTACHMENTS:

A. Resolution 7317
B. Agreement with AKM Consulting Engineers, Inc.

RESOLUTION 7317

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AWARDING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH AKM CONSULTING ENGINEERS, INC. TO PROVIDE

CONSTRUCTION MANAGEMENT AND INSPECTION

SERVICES FOR THE LAMPSON WELL TREATMENT
SYSTEM (CIP WT1902)
WHEREAS, Lampson Well is one of the City’s four (4) water production well where an occasional nuisance odor has been detected; and,
WHEREAS, the Lampson Well Treatment System (CIP WT1902) (“Project”) was budgeted in the City’s Capital Improvement Program to mitigate the nuisance odor; and, WHEREAS, the City desires to retain a consultant to provide construction management and inspection services for the Project; and,
WHEREAS, the City solicited proposals for construction and management services for the Project, and the City received a proposal from AKM Consulting Engineers, Inc. and is qualified to provide professional construction management and inspection services for the Project.

NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

Section 1. The City Council hereby awards a Professional Services Agreement (“Agreement”) to AKM Consulting Engineers, Inc. in a not-to-exceed amount of $299,322 to provide construction management and inspection services for the Lampson Well Treatment System.

Section 2. The City Council hereby authorizes the City Manager to approve additional work payment requests in connection with the Project in the cumulative not-to-exceed amount of $20,000.

Section 3. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of the City, pursuant to the AKM Consulting Engineers, Inc. proposal dated July 1, 2022.

Section 4. The City Council hereby rejects all other proposals.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of July, 2022 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Joe Kalmick, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7317 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of July, 2022.

Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
for
Lampson Well Treatment System (WT1902)
Construction Management and Inspection Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
AKM Consulting Engineers, Inc.
553 Wald
Irvine, CA 92618
(949) 753-7333
This Professional Services Agreement (“the Agreement”) is made as of July 25, 2022 (the “Effective Date”), by and between AKM Consulting Engineers, Inc. (“Consultant”), a California corporation, and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”).
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RECITALS
A. City desires certain professional construction management and inspection services.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued Request for Proposals on October 18, 2021, titled “Lampson Well Treatment System – Construction Management & Inspection Services,” and Addendum 1 dated November 11, 2021 (collectively “RFP”). Consultant submitted a proposal dated November 15, 2021, and subsequently revised on July 1, 2022, in response to the RFP.

C. Consultant represents that the principal members of its firm are qualified professionals and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees.

D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those services in accordance with the terms and conditions of this Agreement.

NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.

AGREEMENT

1.0 Scope of Services

1.1. Consultant shall provide those services (collectively “Services”) set forth in the Request for Proposals, attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control.

1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law.

1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant’s staff, if any, to do and perform the Services in a skillful, competent, 3 of 19
and professional manner, and Consultant and Consultant’s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant’s work by the City shall not operate as a release of Consultant from such standard of care and workmanship.

1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.

2.0 Term

2.1. The term of this Agreement shall commence on July 25, 2022 and shall remain in full force and effect until December 31, 2024, unless sooner terminated as provided in Section 5.0 of this Agreement.

3.0 Consultant’s Compensation

3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services but in no event will the City pay more than the total not-to-exceed amount of $299,322.00 (Two Hundred Ninety-Nine Thousand Three Hundred Twenty-Two dollars and 00/100) for the Term.

4.0 Method of Payment

4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant.

4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultant’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement.
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5.0 Termination

5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination.

5.2. This Agreement may be terminated by City upon 10 days’ notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.

6.0 Party Representatives

6.1. The City Manager is the City’s representative for purposes of this Agreement.

6.2. Emin Kayiran is the Consultant's primary representative for purposes of this Agreement. Emin Kayiran shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.

7.0 Notices

7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:

To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: AKM Consulting Engineers, Inc.
553 Wald
Irvine, CA 92618
Attn: Emin Kayiran

7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

8.0 Permits and Licenses
Consultant and all of Consultant’s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and 5 of 19
certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.

9.0 Independent Contractor

9.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision. Consultant will determine the means, methods, and details by which Consultant’s employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

9.2. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

9.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of any Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and 6 of 19
subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

9.4. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.

10.0 PERS Compliance and Indemnification

10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law (“PERL”), commencing at Government Code § 20000, as amended by the Public Employees’ Pension Reform Act of 2013 (“PEPRA”),. and the regulations of PERS. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations.

10.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to 7 of 19
Consultant’s violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s indemnification and obligations under this Section shall survive the expiration or termination of this Agreement.

11.0 Confidentiality

11.1. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information (collectively “Data & Documents”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.

11.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

11.3. Consultant’s covenants under this Section shall survive the termination or expiration of this Agreement.

12.0 Ownership of Documents and Work Product

12.1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City.

All Data & Documents shall be considered “works made for hire,” and all Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, 8 of 19
duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents.

12.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one.

12.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become noninfringing while remaining in compliance with the requirements of this Agreement.

These covenants shall survive the expiration and/or termination of this Agreement.

12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.

13.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors.
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14.0 Prohibition Against Assignment or Delegation
Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

15.0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City’s rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

16.0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services.

Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor.
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17.0 Insurance

17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section.

17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows:

17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds;

17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto)..

17.2.3. Workers’ Compensation Insurance in the amount required by law; and Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease;

17.2.4. Professional Liability (or Errors and Omissions) Liability. , with minimum limits of $1,000,000 per claim/aggregate. If a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.

17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

17.4. Additional Insured.
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17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work.

17.4.2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible.

17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies.

17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials;

17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects the City, its elected officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it;

17.7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. 12 of 19

17.8. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer’s right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City.

17.10. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

17.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.

17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 18.0. 13 of 19

17.13. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

17.14. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section

17.0. 18.0 Indemnification, Hold Harmless, and Duty to Defend

18.1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys’ fees and costs of defense (collectively “Claims”), in law or in equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, directors, agents, servants, employees, subcontractors, contractors or their officers, directors, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code § 2782.8(c).

Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant’s proportionate percentage of fault.

18.2. Other Indemnities.

18.2.1. Other than in the performance of design professional services and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise 14 of 19
out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18.2.3. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.

18.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims or Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

18.4. Workers’ Compensation Acts Not Limiting. Consultant’s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials.

18.5. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are 15 of 19
determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees.

18.6. Survival of Terms. Consultant’s indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement.

19.0 Non-Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law.

20.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

21.0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein.

22.0 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.
16 of 19

23.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

24.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.

25.0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.

26.0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

27.0 Prohibited Interests; Conflict of Interest

27.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services.

Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 17 of 19

27.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.

27.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section.

28.0 Final Payment Acceptance Constitutes Release
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

29.0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 18 of 19

30.0 Non-Appropriation of Funds
Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

31.0 Mutual Cooperation

31.1. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.

31.2. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

32.0 Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

33.0 Attorneys' Fees
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith.

34.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

35.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that

EXHIBIT A
Request for Proposal
Lampson Well Treatment System – Construction
Management & Inspection Services
(October 18, 2021)
City of Seal Beach
Request for Proposals
for
Lampson Well Treatment System -
Construction Management & Inspection Services
RFP responses to be received until
2:00 P.M., November 11, 2021
in the Public Works Department
ATTN: Iris Lee, City Engineer/Deputy Public Works Director Approved for Advertising:

Iris Lee
City Engineer
Date Issued: October 18, 2021
2 Table of Contents

INTRODUCTION
II. QUALIFICATIONS
III. SCOPE OF SERVICES
IV. PRE-PROPOSAL QUESTIONS
V. SCHEDULE
VI. SUBMITTAL REQUIREMENTS
VII. FEE & COST PROPOSAL
VIII. INTERVIEW
IX. SELECTION PROCESS
X. GENERAL CONDITIONS
EXHIBIT A – Sample Professional Services Agreement
3 REQUEST FOR PROPOSALS FOR
Lampson Well Treatment System

CONSTRUCTION MANAGEMENT & INSPECTION SERVICES
ALL INTERESTED PARTIES MUST REGISTER BY EMAILING [email protected].

COMMUNICATION AND ADDENDA, IF ANY, WILL BE DISTRIBUTED TO REGISTERED PARTIES VIA EMAIL PROVIDED.

INTRODUCTION
The City of Seal Beach (“City”) owns and operates four water production facilities – (1) Lampson Well, (2) Beverly Manor Well, (3) Leisure World Well, and (4) Bolsa Chica Well. The Lampson Well is located at 4307 Lampson Avenue, in the City of Seal Beach. The Well was built around 2011. The existing 500 HP well pump has a capacity of 3,500 gallons per minute (gpm) at 440 feet of head. Due to the hydrogen sulfide concentrations in the groundwater, the City has been operating the Well at a reduced flow rate of approximately 700-800 gpm.

The City has retained Pacific Advanced Civil Engineering, Inc. (PACE) to design a H2S treatment system utilizing four (4) granular activated carbon (GAC) media vessels. This treatment system will also have the ability to be placed in a lead-lag configuration to treat other future contaminants, if ever identified. A treatment system schematic is included for reference.

Estimated construction value is at $3 million. Estimate active construction duration is currently estimated at nine (9) months.

The City is soliciting proposals from qualified consultants to provide professional construction management and inspection services for the Project improvements.

QUALIFICATIONS
Minimum Qualifications
 Valid California license and/or certification for the discipline of Work.  Valid City of Seal Beach business license for the term of the Agreement, if selected.  Minimum ten (10) years of professional construction management and inspection services, or demonstrated equivalent experience, in similar water production/treatment facility settings.  Knowledge and experience working in the Orange County Groundwater Basin. 4  Minimum of five (5) years of professional working history with similar sized municipalities, with satisfactory references.

Desirable Qualifications
 Knowledge and experience with the City of Seal Beach’s standards, provisions, and practices.  Adequate availability of key team members.
 Proficiency with applicable regulatory agencies’ rules and regulations.

SCOPE OF SERVICES
The following is an envisioned approach but is subject to change based on the Consultant’s project understanding and recommended approach.

1. Construction Management and Project Management – Consultant shall provide project coordination starting at the 90% design phase, which would at a minimum include plan check & constructability review, coordination with design consultant, final bid package assembly and review, bid support, and coordination of on-site work.

2. Inspection – Provide daily inspection and records during the course of construction, including verification of BMPs and NPDES materials. There may be occasions where work may take place outside of normal working hours to accommodate construction and operational needs.

3. Meetings - Coordinate and conduct meetings with design consultant, permitting agencies, any regulatory/governing body, and contractor. Consultant should anticipate developing agendas and minutes for each meeting.

4. Schedule & Budget – Ensure on-time and within budget project delivery. This will include regular schedule updates and budget reports.

5. Submittals & RFI’s – Coordinate review and response to RFI’s with design consultant, as necessary. Evaluate merit of any potential claims.

6. Materials & Compaction – Provide necessary materials, compaction, and specialty testing.

7. Public Relations – Coordinate construction notifications, and proactively respond to public inquires.

8. Progress Payments & Change Orders – Coordinate and validate contractor change orders and monthly progress payments.

9. Startup, Testing, and Permitting – Coordinate final startup, testing, and integration activities.

Arrange for all necessary City staff training.
5 10. Close Out & Training – Coordinate and review all construction closeout documentation. Ensure end-users are properly trained prior to demobilization.

IV. PRE-PROPOSAL QUESTIONS
For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact:

Iris Lee
City Engineer/Deputy Public Works Director
Department of Public Works
211 Eighth Street
Seal Beach, CA 90740
[email protected]
(562) 431-2527 ext. 1322
The City will respond to all questions and requests for clarification received by November 3, 2021.

V. SCHEDULE
The following dates reflect the anticipated schedule:
 Request for Proposal Solicitation 10/18/2021
 Pre-Proposal Question Deadline 11/3/2021
 Proposal Submittal Deadline 11/11/2021, 2:00p.m.
 Consultant Interview (if conducted) November 2021
 Contract Award by City Council December 2021
 Notice to Proceed December 2021
VI. SUBMITTAL REQUIREMENTS
Acceptance of Submittals
Proposals are due by 2:00 PM on November 11, 2021 to the following. Postmarks will not be accepted.

Iris Lee
City Engineer/Deputy Public Works Director
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
[email protected]
(562) 431-2527 ext. 1322
6 Please submit three (3) bound hard copies, and one (1) electronic copy of the Consultant’s Proposal.

Proposals received after the date and time listed above will not be accepted or considered for this Project.

There is no expressed or implied obligation for City to reimburse firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or propriety will be ineffective and will be disregarded.

The City reserves the right to retain all proposals submitted, and to use any idea in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected Consultant.

All property rights, including publication rights of all reports produced by the selected Consultant in connection with services performed under this Agreement shall be vested in the City.

Information to be Submitted
The following information shall be provided, at a minimum:

Cover Letter
Table of Contents
Company Qualifications
Local Staffing List
Understanding/Approach
References
Fee & Cost Proposal
Exceptions
Business Entity
Contract Signatories
Cover Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the proposal, and designate the firm’s authorized representative regarding this RFP.

Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided.

Company Qualifications: Provide a summary of the Consultant’s qualifications, including background and experience.

Local Staffing List: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this Agreement, including sub-Consultants. Identify the individual(s) authorized to negotiate the contract on behalf of the Consultant’s firm and the Consultant’s project manager.

Understanding/Approach: Describe the Consultant’s understanding of the Work requested in this RFP, any key issues that may need special attention. Describe how the Consultant will approach the scope of services and each task needed to complete the project.

Any task assumptions and/or exclusions shall be clearly identified. 7 References: Consultant should provide a minimum of three (3) references from public agencies the Consultant has performed work for within the last seven (7) years. Information shall include, at a minimum:
 Agency name
 Scope of work and/or services provided, prime/sub-Consultant.  Project outcome
 Construction and/or contract value
 Dates
 Client project manager name, valid telephone number, and email Fee & Cost Proposal: A Fee & Cost Proposal shall be submitted in a separate, sealed envelope and marked as “Lampson Well Treatment System – Construction Management and Inspection Services Proposal”. The information and detail included in the fee proposal shall conform to the provisions of Section VII - Fee Proposal, of this RFP.

Please note that part of the evaluation criteria takes into consideration the responsiveness of a proposal; proposals missing the required components will be evaluated accordingly.

Exceptions: The Consultant shall review this RFP and attached sample contract. Exceptions to any portion of the RFP and/or City’s standard agreement will need to be clearly identified. Identification of exceptions does not constitute City concurrence and acceptance. Exceptions may be negotiated with the top-ranked firm.

Business Entity: Clearly indicate the firm’s business entity type (i.e., a California corporation).

Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313.

VII. FEE & COST PROPOSAL
In preparing the Fee & Cost Proposal for this project, the Consultant shall take into consideration the following:

1. Unless specially noted, compensation for any services provided will be on a time-and-materials.

2. Fee and cost proposal, and billing rates shall remain effective for the term of the Agreement. Any anticipated billing/rate adjustments shall be clearly identified in the Proposal.

3. The Consultant’s standard, overtime, and double-timing, billing rates for all classifications of staff likely to be involved shall be included with the fee proposal along with the mark-up rate for any non-labor expenses and sub-Consultants. Any anticipated fee adjustments shall be clearly noted.

4. The City will negotiate the final fee with the top-ranking Consultant(s), if necessary.

VIII. INTERVIEW
8 Top ranked Consultant team(s) may be interviewed by the selection committee. Proposed key personnel from the Consultant’s team may be requested to present the teams’ and their qualifications at an interview.

IX. SELECTION PROCESS
Proposals will be evaluated on the basis of the response to all provisions of this RFP. The City may use some or all of the following criterion in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criterion and percentage of score as deemed appropriate prior to the commencement of evaluation.

The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City’s sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals.

POTENTIAL EVALUATION CRITERIA

1. Completeness of Response (Pass/Fail)
Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the requested items will be considered incomplete, may be rated a Fail in the Evaluation Criteria, and may receive no further consideration.

2. Qualifications & Experience (40 points)
a. Local Presence - A statement addressing firm’s ability to effectively conduct the Work for the City based on the Firm’s location.
b. Relevant experience, specific qualifications, and technical expertise of the Consultant and sub-Consultants to perform the work.
c. Quality of references - name of at least three (3) agencies the Consultant currently or have previously consulted for in the past seven (7) years. d. Experience/knowledge of the Orange County Groundwater Basin and various regulatory permitting agencies.
e. Familiarity with City standards and practices.

3. Organization & Approach (40 points)
a. Consultant’s understanding of requested Work and proposed scope of work. b. Consultant’s project team and quality of key individuals. Availability and allocation of key individuals.
c. Consultant’s understanding of the nature of public sector work and its decision-making process.
d. Proposed schedule and hours. Description of project management and cost control mechanism.
9 4. Conformity (20 points)
a. Quality, clarity, and responsiveness to RFP.
b. Conformity to the sample PSA.

The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City’s sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals.

All proposals received as specified will be evaluated by City staff in accordance with the abovementioned.

During the evaluation period, the City may do any or all of the following: generate a “short list” and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates’ places of business.

Consultants should be aware that award may be made without Consultant visits, interviews, or further discussion or negotiations.

X. GENERAL CONDITIONS
A. Signature
The Letter Proposal shall be signed by an individual authorized to bind the Consultant.

B. Other Considerations:

The City shall not be liable for any pre-contractual expenses incurred by any firm considering submitting a proposal in response to this RFP.

The City reserves the right to accept or reject any and all proposals, or any part of, or waive any informalities or irregularities. The City reserves the right to withdraw, to cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any firm responding this RFP.

C. Business License Required
The Seal Beach Municipal Code requires all businesses operating in the City to pay a business license tax. For more information, go to www.sealbeachca.gov.

D. Prevailing Wage
All work performed in connection with execution of this contract work shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The Consultant shall indemnify, defend and hold the City harmless from any and all claims, causes of action and liabilities based upon or arising from the failure of any work related to the Agreement to comply with all such applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities that may be asserted against or incurred by City with respect to or in any way arising from the Project’s compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq.
10 Consultant agrees that all public work (as defined in California Labor Code section (1720) performed pursuant to this Agreement (the “Public Work”), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. City makes no representation or statement that the project or any portion thereof, is or is not a “public work” as defined in California Labor Code section 1720.

In all bid specifications, contracts and subcontracts for any such Public Work, Consultant shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or subcontract must contain the following provision: “It shall be mandatory for the Consultant to pay not less than the said prevailing rate of wages to all workers employed by the Consultant in the execution of this contract. The Consultant expressly agrees to comply with the penalty provisions of California Labor Code section 1775 and the payroll record keeping requirements of California Labor Code section 1771.”
E. Registration with the Department of Industrial Relations In accordance with Labor Code Sections 1725.5 and 1771.1, no Consultant or subConsultant shall be qualified to bid on, be listed in a proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)].

The Department of Industrial Relations Registration Number shall be listed for the Consultant and each subConsultant, if any, in the proposal.
11 EXHIBIT A
LAMPSON WELL TREATMENT SYSTEM – CONCEPT DESIGN
10'
10' 10'
22' 66'
34'
10'
17520 Newhope Street, Suite 200 | Fountain Valley, CA 92708 P: (714) 481-7300 | www.pacewater.com
Advanced Water Engineering
LAMPSON AVE. SITE PLAN SCALE: 1" = 1'-0" 10
5 0 10 20 SITE PLAN C1.0 TANK-1 TANK-2 TANK-3 TANK-4 PROPERTY LINE PROPERTY LINE EXIST. FENCE EXIST. GATE EXIST. CONCRETE WALL ELECTRICAL BUILDING EXIST. MANHOLE PROPERTY LINE November 2, 2021 Addendum No. 1
LAMPSON WELL TREATMENT SYSTEM –

CONSTRUCTION MANAGEMENT &

INSPECTION SERVICES RFP
(CIP WT1902)
Attention all Interested Parties:

The following clarifications, revisions, additions and/or deletions are hereby made a part of the request for proposal:

1. In observance of the Veterans Day holiday, the Lampson Well Treatment System – Construction Management & Inspection Services RFP response due date will be revised to Monday, November 15, 2021, 2:00p.m.

END OF ADDENDUM
By order of the City of Seal Beach,
11/2/2021
City Engineer Date
Attachments
None
Public Works
Department of
12 EXHIBIT B

SAMPLE PROFESSIONAL SERVICES AGREEMENT
Sample professional services agreement removed intentionally.

EXHIBIT A
Request for Proposal

EXHIBIT B
Consultant’s Proposal

EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day’s work.

Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Consultant shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.

EXHIBIT B
Consultant’s Proposal
Water Resources
Infrastructure
ConstructionManagement
AKM Consulting Engineers
553 Wald
Irvine, CA 92618
Telephone: 949.753.7333 Facsimile: 949.753.7320
www.akmce.com
AKM Proposal 21-1091 Cover Letter-1
July 1, 2022
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Attn: Ms. Iris Lee, City Engineer / Deputy Public Works Director Subject: Proposal R1 – Lampson Well Treatment System – Construction Management and Inspection Services
Dear Ms. Lee:

In response to your Request for Proposal dated October 18, 2021, and Addendum 1 dated November 2, 2021, AKM Consulting Engineers, a SBA Certified Small Business Enterprise, is pleased to submit this proposal to provide construction management and inspection services for the Lampson Well Treatment System Project for the City of Seal Beach (City). Our proposal reflects our understanding of the scope of work based upon the RFP, review of the Contract Documents, insurance documents, our experience and understanding of the City systems, past experience working in the City of Seal Beach, and information provided by the City. Price proposal will be submitted separately as requested in the RFP. Contact information for this proposal is:

Legal Name of Firm: AKM CONSULTING ENGINEERS, INC.
553 Wald, Irvine, California 92618
Year Firm Established: 1990
Contact Information: Emin Kayiran, CPII
Director of Construction Management Services [email protected] Phone: (949) 753-7333 FAX: (949) 753-7320
General Description: California Corporation
Federal Employer ID: 33-0422066
DIR: 1000059371
Company Qualifications
As specialists in water resource engineering for public agencies, AKM has successfully performed Construction Management and Inspection services for similar projects. Our proposal highlights recent projects which involve similar elements to the Project including installation of granular activated carbon (GAC) vessels within an existing and operable well facility, underground piping work, shutdowns and tie-ins, DDW permitting, the replacement and/or retrofitting of existing electrical equipment and panels, conduit and duct bank construction, I/O verification and loop checks, and SCADA integration. One of our highlighted project is the Cypress Water Production Facility Upgrades for the City of Lomita, which involves the installation of four (4) GAC media vessels within an existing well and reservoir facility.

Key Personnel and Team
AKM is proposing to provide a team of superbly qualified construction management professionals to undertake this assignment. Mr. Emin Kayiran will serve as the Project Manager overseeing the project team and serve as the responsible contract representative to the City. Mr. Kayiran has performed multiple construction management assignments for the City of Seal Beach, including providing an internal constructability review during AKM’s design of the Lampson Well. He is therefore uniquely familiar with the City’s water system, customs and practices as well as the existing Lampson Well Facility itself. He is currently serving in a similar capacity as the Project Manager on 2 well treatment facilities; the Cypress Water Production Facility for the City of Lomita, and the Equipping of Well 16 and Treatment Plant for the City of Paramount. Additionally, he has performed construction management services for over five (5) groundwater supply projects in the Orange County Groundwater Basin.

City of Seal Beach
Lampson Well Treatment System
AKM Proposal 21-1091 Cover Letter-3
Table of Contents
Company Background
Firm and Team Experience ................................................................................................................................Qualifications-1 Relevant Project Experience..............................................................................................................................Qualifications-2 Staffing
Organizational Chart..........................................................................................................................................................Staffing-1 Team Biographies................................................................................................................................................................Staffing-2 Resumes...................................................................................................................................................................................Staffing-4 Understanding and Approach
Project Understanding ......................................................................................................................................................... Scope-1 Approach to Mitigating Key Issues and Challenges................................................................................................. Scope-2 Project Management and QA/QC..................................................................................................................................... Scope-4 Scope of Work .......................................................................................................................................................................... Scope-4 References
References ...................................................................................................................................................................... References-1 *** Fee is being submitted separately as requested in the RFP City of Seal Beach
Lampson Well Treatment System
AKM Proposal 21-1091 Qualifications-1
SECTION 1

COMPANY QUALIFICATIONS

FIRM AND TEAM EXPERIENCE
AKM, a SBA Certified Small Business Enterprise, is a multi-disciplined professional organization that specializes in providing water resource infrastructure engineering and related services to public agencies. AKM has a current staff of twenty-five (25) employees who operate out of our office strategically located in Irvine at the intersection of the 5 and 405 Freeways. The scope of services offered by AKM includes all facets of planning, design and construction management for public works infrastructure.

Legal Name of Firm: AKM CONSULTING ENGINEERS, INC.
553 Wald, Irvine, California 92618
Year Established: 1990
Contact Information: Mr. Emin Kayiran, Director of Construction Management [email protected] Phone: (949) 753-7333 FAX: (949) 753-7320 The focus of our experience is within Southern California, and all key project team members are fully acquainted with the local and regional issues affecting the planning, design and construction of water resource infrastructure in the area. This, along with the technical and managerial depth of the team, will ensure the successful implementation of the project. AKM has completed construction management and inspection assignments for the following agencies:
 City of El Segundo  City of Garden Grove  City of Santa Fe Springs  City of Cypress  City of San Clemente  City of Tustin  City of Newport Beach  City of San Juan Capistrano  City of Palos Verdes Estates  City of Fountain Valley  City of Seal Beach  City of Corona  City of Ontario  City of Alhambra  City of Arcadia
 Garden Grove SD  Orange County WD  Orchard Dale WD
 West Basin MWD  Moulton Niguel WD  City of Long Beach  City of Stanton  South Coast Water District  City of Sana Ana Additionally, AKM has completed or is engaged in On-Call Services contracts for the following agencies:
 City of Los Angeles  City of Cypress  Los Angeles County DPW  City of Seal Beach  City of Stanton  Garden Grove SD  City of Corona  City of Anaheim  City of Huntington Beach  City of Ontario  County of Orange  Camarillo Sanitary District  South Coast WD  WRD  City of Long Beach
The scope of services offered by AKM includes all facets of planning, design and construction management for public works construction projects. We have a long and distinguished record of providing on-call services to public agencies. A full listing of services offered by AKM is as follows:

CONSTRUCTION MANAGEMENT AND SUPPORT
 Contract Administration
 Inspection
 Construction Management
 Resident and Field Services
 Procurement
 Start-Up and Acceptance
 Project Close-Out
 Estimating
 Schedule and Delay Analysis

STORMWATER, WASTEWATER, POTABLE WATER, AND RECYCLED WATER  Master Plans
 Water Treatment
 Water Reclamation
 Odor Control
 Solids Handling
 Outfalls
 Collection Facilities
 Pump and Lift Stations
 Storm Drains and Channels
 Detention Basins
 Permitting and Regulatory
Compliance
 Pipeline and Transmission Facilities
 Wells
 Storage Facilities
 Deficiency Reports and
Inventories
 Capital and Facilities Plans
 Improvement Plans
 Hydraulic Analysis
 Hydraulic Structures
 Reservoirs and Lakes
 Water Quality
City of Seal Beach
Lampson Well Treatment System
AKM Proposal 21-1091 Qualifications-2

TECHNICAL SERVICES
 Supervisory Control and Data
Acquisition (SCADA)
 Geographic Information Systems
 Operations and Maintenance
 CADD (Microstation,
AutoCAD)
 Scheduling

PLANNING
 Project Planning
 Potable Water, Recycled Water,
Waste Water, and Storm Water
Master Plans
 Facility Planning
 Economic and Financial Planning
 Conjunctive Use Planning
 Sewer System Management Plans
(SSMP)
 Rate Studies
 Urban Water Management
Plans
 Water Supply Assessments
Technical Staff
The technical staff of AKM is comprised of recognized experts in public works planning, design, construction, operations and management. Every assignment is managed by senior level staff to ensure that the project receives detailed attention. All work is thoroughly reviewed by senior company officers prior to any milestone submittal.

AKM construction management and inspection team includes the following members. Detailed descriptions and resumes can be found in the Project Team Section, as requested in the RFP:

Qualifications
AKM Consulting Engineers, by virtue of its extensive relevant experience, specialized training, local knowledge, and technical competence, can provide the City with high quality construction management, and inspection services, quickly, and at a lower overall cost than our competitors. Our staff members possess experience directly related to all facets of construction management and inspection with significant experience with well and treatment facilities.

Further, AKM has been providing construction management services for water resource infrastructure projects for over 20 years. During that time, AKM has successfully partnered with clients to complete several successful projects while at times navigating through complex project issues.

Because AKM is a full service engineering firm, our team members have an extremely well rounded background in all facets of public infrastructure engineering, many having worked on multiple design and master planning assignments. This level of experience enables our team to approach construction projects on a much deeper level since they understand design and overall planning implications on City infrastructure and systems as a whole. AKM also retains an in-house staff of computer-aided drafting professionals and can support the District with any of their CAD needs.

Full client satisfaction is a corporate commitment at AKM. This is reflected in a very high repeat client base (over 90%), our standing in the industry as a premier public infrastructure engineering company, low insurance rates, and a very stable work force.

RELEVANT PROJECT EXPERIENCE
AKM has provided construction management, inspection, and engineering support services, consisting of preconstruction phase services including evaluation of bids, recommending the lowest responsible bidder, preparing Contractor prequalification packages; constructability reviews; value engineering; pre-purchased equipment procurement; development of project procedure manuals; construction phase services including pre-construction meetings, pre-construction documentation of site and surrounding area, shop drawing reviews, responding to RFI’s, evaluating and responding to change order requests, construction inspection, weekly progress review meetings, specialty inspections, daily inspection reports including extensive photographic documentation, monthly reports documenting the entire month’s activities; and post-construction services consisting of final inspection, final reports, final testing, punch list preparation, overseeing the completion of the punch list, start-up services, and project close-out. Contacts are included with each project for your reference.

City of Seal Beach
Lampson Well Treatment System
AKM Proposal 21-1091 Qualifications-3
EQUPPING OF WELL 16 AND TREATMENT PLANT
City Of Paramount – 16400 Colorado Avenue, Paramount, CA 90723 Contact: Ms. Adriana Figueroa, Director of Public Works (562) 220-2100 Construction Cost: $6,800,000 A/E Fees: $650,000
Role: Prime Construction Management / Inspection Contractor: MMC Inc.

AKM Staff: E. Kayiran (PM/CM); M. Fredriksz (Inspection); R. Bigger (Special Inspection); R. Bostic (Inspection)
AKM is currently completing Construction Management, Inspection and Testing services for the City of Paramount during the project which includes equipping City Well No. 16 with pump, motor, building, piping and appurtenances, and the construction of a Manganese (MN) and future Arsenic (AR) Treatment System to treat approximately 3400 gpm of flow from City Well No. 16. The treatment system raw water quality for design purposes was assumed to have an arsenic (AR) concentration of 12 μg/lit, and a manganese concentration of 59 μg/lit. Removals should provide a finished water quality with an MN of 2 μg/lit. The facility is designed for expansion to be able to treat and remove AR down to 2 μg/lit if in the future it exceeds the primary MCL level of 10 μg/lit in the well water. In addition, the work of this Contract will include the destruction of Well No. 13 and the demolition of the Well No. 13 site. The Contractor will be required to remove, salvage and transport to Well No. 16 several of the existing facilities/equipment at Well No. 13 including treatment vessels and the existing backwash tank.

CYPRESS WATER PRODUCTION FACILITY UPGRADES
City of Lomita – Contact: Mr. Mondher Saied, P.E., Senior Civil Engineer (310) 325-7110 x110 [email protected] Construction Cost: $3,571,000 A/E Fee: $414,000 Role: Prime Construction Management / Inspection Contractor: RC Foster AKM Staff: E. Kayiran (PM); R. Bostic (CM/Lead Inspector); R. Bigger (Inspection)
AKM Consulting Engineers is currently providing construction management and inspection for the project which includes construction of a Granular Activated Carbon (GAC) treatment facility and associated ancillary equipment at the City of Lomita’s Cypress Water Production Facility. The existing facility is comprised of a deep well pump, discharge piping, treatment facilities for the well water, and a 10 million gallon reservoir. The facility is currently inoperable due to high sulfides which cannot be removed with the existing treatment equipment. The new GAC system will remove sulfides to within acceptable levels. Additional work also includes design, installation and commissioning of a security system; site work (demolition, work, excavations); pipelines; canopy; electrical, controls and instrumentation; startup testing, and training; potholing; a portable generator relocation; and site shoring.

City of Seal Beach
Lampson Well Treatment System
AKM Proposal 21-1091 Qualifications-4
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR WELL 9 AND WELL 9 TRANSMISSION MAIN CITY OF FOUNTAIN VALLEY – 17300 MT. HERMMANN STREET, FOUNTAIN VALLEY, CA 92708 CONTACT: MR. MARK LEWIS, RETIRED CITY OF FOUNTAIN VALLEY (949) 677-0391 [email protected]
CONSTRUCTION COST: $4,100,000 A/E FEE: $480,000 Role: Prime Construction Management / Inspection AKM Staff: E. Kayiran (CM/Inspection), S. Patterson (Inspection) AKM provided construction management and inspection services during the equipping of the well including preparation of a contractor prequalification package, review of prequalification responses, bid support, constructability review during the 90% design phase, continuous inspection, responding to RFI’s, attending biweekly construction progress review meetings, reviewing shop drawings/submittals, reviewing progress payment requests and quantities, responding to change order requests and claims, overseeing the startup of the well facility, completion of the O&M Manuals, and as-built drawings.

The well consists of a 20-inch diameter stainless steel louvered casing and is 1000 feet deep. A 500 HP, 4-stage well pump rated at 3,500 gpm and 400 feet TDH is used to pump the water through a new 3,000 LF, 16-inch CML&C steel watermain designed as part of the project in Gardenia Avenue and Bushard Street, to a connection with the City’s existing distribution system in Warner Avenue. A 100 lb/day on-site sodium hypochlorite generation system (OSHGS) is used for disinfection. A fluoridation system is used to add fluoride to the City’s water system. The project also included a subsurface cast-in-place settling basin, fusion bonded epoxy lined and coated steel discharge piping with appurtenant valves, CLA-VAL pump control valve, (2) ABB magnetic flow meters and a sand separator. The electrical components of the well building include a 1,000 amp switchboard, including a 500 hp variable frequency drive (VFD) with a solid state bypass starter. Also installed are the well pump control panel and RTU. The well equipment is enclosed in a 1585 square foot building, which includes sound panels on the walls of the pump room. The exterior of the building was designed to blend in with the surrounding residential homes.

EQUIPPING OF LEAHY WELL
BELLFLOWER SOMERSET MUTUAL WATER COMPANY – 10016 FLOWER STREET, BELLFLOWER, CA 90706 CONTACT: STEVE LENTON ([email protected])(562) 866-9980
CONSTRUCTION COST: $2,500,000 A/E FEES: $300,000
Role: Prime Construction Management / Inspection
AKM STAFF: E. KAYIRAN (PM); R. BIGGER (CM/INSPECTION)
AKM is currently providing construction management and inspection services for the Leahy Ave Water Well Facility which includes construction of new domestic water well and appurtenances with a new 1855 square foot masonry block building and pump station, new electrical (SCE) service, along with various site improvements such as concrete masonry walls, standby generator and automatic transfer switch, gates, site demolition, grading, right-of-way improvements, paving, vehicle canopy, landscaping and percolation basin.

City of Seal Beach
Lampson Well Treatment System
AKM Proposal 21-1091 Qualifications-5
WELL 12
CITY OF SANTA FE SPRINGS – 11710 TELEGRAPH ROAD, SANTA FE SPRINGS, CA 90670 CONTACT: MR. FRANK BEACH, UTILITIES SERVICES MANAGER (562) 868-0511 [email protected]
CONSTRUCTION COST: $2,100,000 A/E FEES: $168,522
Role: Prime Construction Management / Inspection
AKM Staff: E. Kayiran (PM), S. Patterson (Inspection)
The City of Santa Fe Springs retained AKM Consulting Engineers to provide construction management services for the Equipping of Well 12. The new well was drilled to replace the City’s Well No. 2, which was removed from operation due to arsenic levels in excess of the EPA maximum contaminant level. The work included: Installation of a 250 HP, 2000 gpm deep well vertical turbine pump and inverter duty motor; construction of 16-inch discharge piping, including valves, flowmeter, sand separator and connection to an existing 12-inch ACP watermain; construction of a pump to waste system including piping, valves, flowmeter and sand settling basin; installation of a bulk storage sodium hypochlorite system and pre-engineered feed system; installation of an aqua-ammonia system and pre-engineered feed system; installation of a 600 amp switchboard and motor control center, including a 250 HP VFD with a solid state bypass starter; installation of a well pump control panel and RTU; construction of a 1500 SF block building housing the new pump, chlorination equipment, aqua-ammonia tank, and electrical equipment; construction of an asphalt paved yard area; construction of perimeter block wall and motorized sliding gate with laser security system.

EDWARD C. LITTLE WATER RECYCLING FACILITY R.O. CLEAN IN PLACE WASTE DISCHARGE

PROJECT
West Basin Municipal Water District - 17140 S. Avalon Blvd., Suite 210, Carson, CA 90746 Contact: Mr. Rajen Budhia, Currently at Metropolitan Water District [email protected] Bid-Build : Construction Cost: $6,400,000 A/E Fee: $1,163,580 Schedule: 12/2016-12/2018 Role: Prime Construction Management / Inspection Contractor: Kiewit Infrastructure West Co.

AKM Staff: E. Kayiran (PM/Construction Manager); S. Patterson (Resident Engineer/Lead Inspector); C. Ervin (Inspection)
AKM provided construction management and inspection services for the project, which was within an existing water treatment plant. AKM’s team was stationed on-site in a construction trailer to support the project which involved sequestering and then neutralizing the clean-in-place solution waste for the existing reverse osmosis (RO) system in order to discharge to the local sewer system as opposed to the treatment facility’s brine line, which it discharges to. Specific project work elements included demolition of an existing solids contact clarifier and construction of two cast-in-place reinforced concrete neutralization tanks for the RO clean-in-place waste, including a corrosion resistant coating, discharge and recirculation pumps, associated valves and piping; construction of a new RO clean-in-place waste sump for the collection of RO clean-in-place discharge from the RO trains including new pumps, piping and instrumentation; rehabilitation of the existing RO waste sumps 1, 2, and 3 including a new coating system, pumps, instrumentation and controls; new sodium hydroxide transfer feed pump including new piping and instrumentation; and a new sodium hydroxide day tank and modifications to the City of Seal Beach
Lampson Well Treatment System
AKM Proposal 21-1091 Qualifications-6
existing sulfuric acid tank farm including 2 new metering pumps.

Problems/Issues: The project required over 23 system shutdowns within the plant which had to be carefully planned and coordinated with both West Basin as well as their contracted Plant operator Suez. Not completing work within predetermined shutdown durations was not an option as the District faced large financial fees from their large use customers if recycled water service is delayed any longer than the shutdown duration. AKM was instrumental in coordinating all of the necessary parties to discuss and perform field walk-throughs of the shutdowns.

Several unforeseen conditions, like subsurface facility conflicts were encountered onsite. As a result, the AKM field team worked cooperatively with the Contractor, West Basin, and the design engineer of record to find alternate routes for the installation of several large electrical duct banks, as well as other underground utilities.

The final result was a properly constructed project that was tested and is currently operating as designed.

ALAMITOS BARRIER IMPROVEMENTS PROJECT
ORANGE COUNTY WATER DISTRICT – 18700 WARD STREET, FOUNTAIN VALLEY, CA Contact: Mr. Ryan Bouley (714) 378-8207 [email protected] Bid-Build : Construction Cost: $3,600,000 A/E Fee: $423,720 Role: Prime Construction Management / Inspection
AKM Staff: E. Kayiran (PM / Resident Engineer), M. Fredriksz (Inspection) AKM Consulting Engineers provided construction management and inspection services for the Alamitos Barrier Improvement project. The work consisted of constructing vaults, well and vault piping, valves, and telemetry equipment, conduit, and conductors for 17 injection wells. The injection wells and three nested monitoring wells were constructed on a narrow access roadway. Careful planning was necessary due to the existing and required structures and the construction equipment present. Each well vault was precast and contains Type 316 stainless steel piping including the down-hole well piping. A conduit duct bank was constructed between each well vault, which terminated at an existing control panel. The control panel and the instrumentation was integrated with the LA County Department of Public Works’ (LACDPW) SCADA system, who maintains and operates the Barrier. An encroachment permit from Orange County Flood Control District was required to be obtained prior to start of work in the channel right-of-way. Access to the project site necessitated entry through the Haynes Power Generating Station, a LA Department of Water and Power (LADWP) facility. Close coordination with LACDPW, OCFCD and LADWP was vital for the duration of the project.

Problems/Issues: During the planning phase of the project, OCWD became concerned about the schedule. After a thorough review by the AKM resident engineering and inspection team, AKM recommended changing cast-inplace concrete vaults to precast vaults, as well as requiring the stainless steel piping to be shop fabricated to the greatest extent possible, then shipped to the project site. These suggestions were implemented and presented to the Contractor. OCWD received a credit for the change to precast vaults (17 in total) and the change saved several months in construction.

While no formal partnering agreement was entered into for the project, the parties involved, including OCWD, AKM and the Contractor adopted a “partnering” project philosophy. Issues were presented in a fair manner, all sides were able to express their opinions and collaborative resolutions were reached. Field issues were routinely solved through open discussion and field walks during the weekly meetings rendering several potential RFI’s unnecessary. What resulted is a harmonious working environment where issues did not stalemate and construction was not disrupted. It also allowed all project team members to focus on more productive project tasks than issue and conflict resolution. The project was completed over 6 months early and under budget.

City of Seal Beach
Lampson Well Treatment System
AKM Proposal 21-1091 Qualifications-7
City of Seal Beach Construction Management Projects
West End Stormwater Pump Station
Pump Station 35 (Phase 1 and 2)
Beverly Manor Booster Pump Station
Navy Booster Pump Station and Reservoir Upgrades
Naval Weapons Station Storm Drain Improvements
First Street Sewage Pump Station
Financial Analysis and Rate Study
Lampson Avenue and Seal Beach Boulevard Sewer
Orange County Groundwater Basin Construction Management Projects Imperial Headgates and Weir Ponds (OCWD)
Pasadena Avenue Well (Tustin)
Alamitos Barrier Improvements Project (OCWD)
Eastern Wells (SJC)
Dace Well (GSWC)
Well 31 and 28 (GG)
Well 9 (FV)
City of Seal Beach
Lampson Well Treatment System
AKM Proposal 21-1091 Staffing-1
SECTION 2

LOCAL STAFFING LIST
All construction management and administrative support services performed by AKM are structured to respond to the technical and managerial requirements of the project by assigning senior, highly qualified personnel to the work. They will function in a simple organization with clear lines of delegated authority and responsibility. The key to successful completion of the work for the City will be the Construction Management Team. They will be responsible for day-to-day communications with the City and Contractor, and in many ways, their effectiveness will dictate how efficiently the project is completed. These positions requires persons who are knowledgeable of the project’s plans and specifications; possess excellent communications skills, are confident, have direct experience managing similar projects with similar key issues, and are capable of exercising basic fairness when confronted with conflicts or differences of opinions, while still protecting the City’s interests and those of the project. In selecting our proposed Construction Management Team and developing the staffing plan, AKM’s objective was to provide an optimum mix of technical experience, hands on field experience within well and treatment facilities, experience working with the City, as well as individuals who have handled and successfully navigated through similar issues that the Project is anticipated to face.

Additionally, because AKM is a full service engineering consulting firm, the proposed Project Team has intimate understanding of construction and maintenance projects from the projects’ initial planning and design, through the bid process and construction, and to project close out and warrantee periods.

PROJECT ORGANIZATIONAL CHART
The Project Team organization is illustrated on the Project Organizational Chart in this section. Detailed resumes describing specific experience of the Project Team members have been included in Appendix A at the end of this Section.

City of Seal Beach
Lampson Well Treatment System
AKM Proposal 21-1091 Qualifications-2
Project Team
MR. EMIN KAYIRAN, CPII
Project Role: Project Manager / Director of Construction Management Services Registration: Caltrans Resident Engineering Academy; APWA Certified Public Infrastructure Inspector Years of Experience: 17 Years with AKM: 17 Mr. Emin Kayiran, CPII, who has been a Construction Manager and Senior Resident Engineer with AKM for over 17 years, has a broad background in construction management, inspection, and
scheduling. Mr. Kayiran’s experience includes management and inspection of treatment facilities; wells; pipelines; pump and lift stations; street improvements including traffic striping; rehabilitation and slurry seal; reservoirs; concrete structures; protective coatings and linings; electrical, control and SCADA systems; management of hazardous materials removal; shoring systems; dewatering; and ground settlement monitoring.

Mr. Kayiran recently served as a Subject Matter Expert for the American Public Works Association in support of an overhaul of their public infrastructure inspection training and certification material. During this effort, he co-authored a new training module on the inspection of pumping and treatment facilities for inclusion in the updated manual which was published in 2019. He was recently a co-presenter and speaker for “Demystifying Risk” an Engineering News Record webinar.

Mr. Kayiran will develop the initial construction management strategy and inspection plans, and will verify that the Team is carrying out the plan as intended. He will meet regularly with the AKM Team to resolve issues and cast direction when needed. He will also meet regularly with City’s assigned Project Manager keeping the City apprised of AKM’s budget and addressing any issues with the AKM contract. This will include ensuring that the City is satisfied with AKM’s services in all respects. Mr. Kayiran will take the lead on schedule reviews and delay claims analysis as he is trained in schedule and delay analysis, and well versed in Primavera P6.

MR. MIKE FREDRIKSZ
Role: Construction Manager
Years of Experience: 29 Years with AKM: 4
Mr. Mike Fredriksz has more than 25 years of experience providing construction oversight of Capital Improvements and large residential development projects. Prior to joining AKM, he served as the Inspection Services Supervisor for the Irvine Ranch Water District. Mike's project experience includes water, recycled water and wastewater facilities, reservoirs, pipelines, pump stations, sewer lift stations, buildings, treatment plants, street rehabilitation and slurry seal. He has been extensively involved with multiple stakeholders including the public, elected officials, developers, contractors, engineers and architects. His
responsibilities have included monitoring construction activities, traffic control, preparing daily construction reports, verifying compliance with plans and specifications, maintaining record drawings, performing final inspections and presiding over facility startups. Mr. Fredriksz has knowledge and experience with project management, submittal process and requests for information and change orders.

Over the course of his career, Mr. Fredriksz has amassed a wealth of experience working on projects within the Orange County Groundwater Basin.

Sample Projects:
 Equipping of Well 16 and Treatment
Plant for the City of Paramount
 Cypress Water Production Facility
Upgrades for the City of Lomita
 Edward C. Little Water Recycling
Facility RO System Clean in Place Waste
Discharge Project for West Basin
Municipal Water District
 Equipping of Leahy Well for Bellflower
Somerset Mutual Water Company
 Equipping of Well 12 for the City of
Santa Fe Springs
Sample Projects:
 Well 16 and Treatment Plant for the
City of Paramount
 Equipping of Well 43 for the City of
Ontario
 Alamitos Seawater Barrier
Improvement Project for the Orange
County Water District Inspector
 Torrance Refinery Water Recycling
Plant, Surge Arrest System Pipe
Modifications for West Basin Municipal
Water District
 Deep Aquifer Treatment System, Irvine
Ranch Water District
City of Seal Beach
Lampson Well Treatment System
AKM Proposal 21-1091 Qualifications-3
Project Team
MR. RYAN BIGGER
Role: Construction Inspector Registration: ICC Special Inspector Certification – Reinforced Concrete; Pre-Stressed Concrete; Structural Masonry; Spray Applied Fire Proofing; Structural Steel and Bolting Years of Experience: 8 Years with AKM: 1 Mr. Ryan Bigger is an experienced Construction Inspector who began his career as a materials testing technician and Special Inspector. Mr. Bigger has a strong background in reinforced concrete structures, geotechnical remediation, structural bolting, piping and protective coatings. Mr. Bigger has provided inspection services for pipelines, treatment plants, pump stations, road and highway work, grading operations, municipal buildings and airports. He applies a meticulous attention to detail to all of his projects.

NINYO AND MOORE GEOTECHNICAL
Garreth Saiki, PE, GE – Irvine, CA
Project Role: Material Testing; Registration: RG California 49665; GE California 2509; Nuclear Gauge Operator Certification Years of Experience: 30+ Ninyo & Moore, was incorporated in 1986 to provide high-quality consulting services in geotechnical engineering, construction inspection and testing, engineering geology, hydrogeology, hazardous waste remediation and environmental assessment.

Ninyo & Moore has been involved in projects encompassing most aspects of geotechnical engineering, including pipelines, dams, channels, storm drains, soundwalls, roads, highways, reservoirs, pump stations, treatment plants, sewers, landfills, and other public and private works. As a Principal Engineer for Ninyo & Moore, Garreth Saiki, PE, GE, with over 30 years of experience in providing geotechnical services, will direct and supervise the material testing, and develop recommendations for the on-call projects.

Sample Projects:
 Leahy Well for Bellflower Somerset
Mutual Water Company
 Microfiltration Steel Break Tank
Project for West Basin Municipal
Water District
 Imperial Headgates and Weir Ponds
Improvements for Orange County
Water District
Sample Projects:
 On-Call Geotechnical, Material Testing,
and Inspection Services for Orange
County Sanitation District
 On-Call Geotechnical and Material
Testing for Inland Empire Utilities
Agency
 On-Call Geotechnical and Material
Testing for County of Orange

EMIN KAYIRAN, CPII

PROJECT MANAGER
17 YEARS OF EXPERIENCE
17 YEARS WITH AKM

PROFESSIONAL REGISTRATION
APWA – Certified Public Infrastructure Inspector

EDUCATION
Civil Engineering Studies –
California State University Long Beach
B.S. Business Administration –
University of Arizona
Mr. Emin Kayiran, CPII, is the Director of Construction Management Services with AKM. He has over 17 years of responsible experience in the inspection and construction management of pump stations; pipelines, treatment facilities; forcemains; complex reinforced concrete structures including concrete tanks within treatment facilities, sumps, wet wells and valve vaults; sheet piling; deep excavations; ground remediation; dewatering; shut-downs; tie-ins; commissioning and testing; installation of emergency power generators and transfer switches; electrical and control systems for water resource facilities; as well as special protective linings and coatings. Mr. Kayiran also possesses a wealth of experience in managing, coordinating and overseeing materials testing and special inspection during the construction of water resources facilities. Several of the Mr. Kayiran’s completed projects involved close coordination amongst the project owner, their operations staff, outside stakeholders and the Contractor in order to achieve varying project objectives within constrained project sites and scheduling timeframes.

Mr. Kayiran recently served as a Subject Matter Expert for the American Public Works Association in support of an overhaul of their public infrastructure inspection training and certification material. During this effort, he coauthored a new training module on the inspection of pumping and treatment facilities for inclusion in the updated manual which was published in 2019. Mr. Kayiran wrote an article regarding construction inspection entitled “CPII as a standard of practice” which was published in the September 2014 edition of APWA Reporter. He was recently a co-presenter and speaker for “De-mystifying Risk” an Engineering News Record webinar.

Additionally, Mr. Kayiran has provided claims management, cost control, change order preparation, change order negotiation, warrantee inspections, schedule review and analysis, warrantee work coordination with contractors and constructability review services to special districts and municipal agencies.

He is trained in schedule and delay analysis including Primavera P6.  Equipping of Well 16 and Treatment Plant for the City of Paramount – Project Manager / Construction Manager for equipping of the well and the arsenic/manganese treatment facilities.
 Cypress Water Production Facility Upgrades for the City of Lomita – Project and Construction Manager for the project with two lead-lag GAC treatment trains ahead of a Greensand filter for treatment of VOCs and Manganese.  Microfiltration Steel Break (Filtrate) Tank
Replacement at the Carson Reclamation
Facility for West Basin Municipal Water District
– Project Manager
 Equipping of Well 43 for Ontario Municipal
Utilities Company – Project Manager
 LVL Calcium Chloride Tank Replacement
Project for Water Replenishment District of
Southern California – Project Manager
 Torrance Refinery Water Recycling Plant,
Surge Arrest System Pipe Modifications for
West Basin Municipal Water District –
Construction Manager
 Edward C. Little Water Recycling Facility RO
System Clean-in-Place Waste Discharge
Project – Construction Manager
 R.O. Train 5 Low Fouling Membrane Test
Equipment for West Basin Municipal Water
District – Construction Manager
 Phase IV Optimization and Mobile
Microfiltration Trailer Project for West Basin
Municipal Water District – Construction
Manager
 Title 22 Filter 9 and 8 Repair for West Basin
Municipal Water District – Project Manager
 Equipping of Well 31 for the City of Garden
Grove – Construction Manager
 Equipping of Leahy Well for Bellflower
Somerset Mutual Water Company – Project
Manager
 Equipping of Well 12 for the City of Santa Fe
Springs - Project Manager
 Equipping of Dace Well No. 2 for Golden State
Water Company – Inspection Supervisor
 Equipping of Well 9 for the City of Fountain
Valley – Alternate Resident Engineer
 Well No. 28 Modifications and Nitrate
Monitoring System for the City of Garden
Grove – Construction Manager and Resident
Inspector
 Equipping of the Pasadena Avenue Well for the
City of Tustin – Resident Engineer

MIKE FREDRIKSZ

CONSTRUCTION MANAGER
29 YEARS OF EXPERIENCE
4 YEARS WITH AKM
Mr. Fredriksz has more than 25 years of experience providing construction oversight of Capital Improvements and large residential development projects. Mike's project experience includes water and wastewater facilities, reservoirs, pipelines, pump stations, sewer lift stations, buildings, treatment plants, street rehabilitation and slurry seal.

He has been extensively involved with multiple stakeholders including the public, elected officials, developers, contractors, engineers and architects. His responsibilities have included monitoring construction activities, traffic control, preparing daily construction reports, verifying compliance with plans and specifications, maintaining record drawings, final inspections and project startups. Mike has knowledge and experience with project management, submittal process and requests for information and change orders.
 Equipping of Well 16 and Treatment Plant for the City of Paramount – Construction Manager/Lead Inspector
 Deep Aquifer Treatment System for Irvine Ranch Water District - Provided construction inspection
 Equipping of Well 43 for Ontario Municipal Utilities Company – Construction Manager
 Alamitos Seawater Barrier Improvement Project for the Orange County Water District – Lead Inspector
 Chlorine Analyzer and Reservoir Mixer at Ten Domestic Reservoirs, for the Irvine Ranch Water District - Provided construction inspection
 Michelson Water Recycling Plant – Reinforced Concrete Clarifier Rehabilitation for the Irvine Ranch Water District – Lead Inspector  Joint Transmission Main Vault Upgrades for South Coast Water District – Project Manager
 Torrance Refinery Surge Arrest Pipeline for West Basin Municipal Water District – Inspector
 Static Mixer Replacement for West Basin Municipal Water District - Inspector
 Zone 1 and 3 Emergency South County Booster Pump Station for IRWD – Construction Inspector
 Tomato Springs - PA 6 Zone 4 and C Reservoirs, Zone 4-6 Potable Water Booster Pump Station, Zone C-D Recycled Water Booster Pump Station for the Irvine Ranch Water District – Lead Construction Inspector
 Zone 3 to Zone 5 (Domestic) and Zone A to Zone C (Recycled) Dual Pump Station for Irvine Ranch Water District - Construction Inspector
 Dyer Road Well No. 6 for Irvine Ranch
Water District – Construction Inspector
 PA 6 Zone 4 and C Reservoirs, Zone 4-
6 Potable Water Booster Pump Station,
Zone C-D Recycled Water Booster
Pump Station for the Irvine Ranch
Water District – Lead construction
inspector
 PA 1 and 2 Orchard Hills Zone 5
Reservoir, City of Irvine, CA -
Construction inspection
 Lift Station No. 6 Forcemain
Replacement Project for the South
Coast Water District – Project Manager
 Bellflower and Spring Bridge Repair for
the City of Long Beach – Construction
Inspector
 Watermain Improvements at Center,
Walnut, and Maple for the City of El
Segundo – Construction Manager
 Thunderbird Sewer and Street
Improvement Project, City of Stanton,
CA – Construction Inspector
 Capital Improvements, Portola Parkway
for the Irvine Ranch Water District -
Lead construction inspector
 Jeffrey Road South Domestic and
Reclaimed Water Mains, City of Irvine,
CA. Provided construction inspection
 Villages of Turtle Rock, Quail Hill and
Woodbury, City of Irvine, CA. Provided
construction inspection
 Jeffrey Road Grade Separation, City of
Irvine, CA. Provided construction
inspection
 Alton Roadway, City of Irvine, CA.

Provided construction inspection
 Lift Station No.
 Pump Station 1 and 7 for the City of El
Segundo – Resident Engineer

RYAN BIGGER

CONSTRUCTION INSPECTOR
8 YEARS OF EXPERIENCE
1 YEARS WITH AKM
REGISTRATIONS / LICENSES:
 ICC Reinforced Concrete Special Inspector
 ICC Pre-Stressed Concrete Special Inspector
 ICC Structural Masonry Special Inspector
 ICC Spray Applied Fire Proofing Special Inspector
 ICC Structural Steel and Bolting special Inspector
 *Independently certified as a special inspector in the County of Orange, County of Los Angeles, and City of Long Beach through the District of State Architects (Grades k - 12)
Ryan Bigger has more than 8 years of experience providing construction management and inspection services. Ryan’s project experience includes pipeline, pump stations, treatment facilities, reservoirs, roads, highways, buildings and airports. He has performed construction special inspection and geotechnical soils testing services throughout Southern California, including special inspection services for reinforced concrete structures, including pre-stressed, shotcrete, masonry, bolting and spray applied fire proofing construction.
 Equipping of Leahy Well for Bellflower Somerset Mutual Water Company – Resident Engineer and Inspector - AKM is currently providing construction management and inspection services for the Leahy Ave Water Well Facility which includes construction of new domestic water well and appurtenances with a new 1855 square foot masonry block building and pump station, new electrical (SCE) service, along with various site improvements such as concrete masonry walls, standby generator and automatic transfer switch, gates, site demolition, grading, right-of-way improvements, paving, vehicle canopy, landscaping and percolation basin.
 Equipping of Well 16 & Treatment Plant for the City of Paramount – Special Inspections - AKM is currently completing Construction Management, Inspection and Testing services for the City of Paramount during the project which includes equipping City Well No. 16 with pump, motor, building, piping and appurtenances, and the construction of a Manganese (MN) and future Arsenic (AR) Treatment System to treat approximately 3400 gpm of flow from City Well No. 16.  Imperial Headgates and Weir Pond Project for Orange County Water District – Special Inspector - AKM provided construction management and field engineering for the Imperial Headgates and Weir Pond Rehabilitation Project. The project included the following: supply and installation of a new trash rack and monorail gripper system for river debris removal; removal and replacement of electrical conduits and panels inside the Control Building; removal and replacement of Control Building and Generator Building roofs, access hatches, and ventilation fans; replacement of three (3) 54-inch square cast-iron slide gates and five (5) electrical actuators; installation of two Doppler flow meters in the Bypass Conduits; integration of new signals from cleaning system and flow meters to existing SCADA system; construction of concrete retaining walls and slab in support of new monorail and gripper trash racks cleaning system; demolition of existing flume structure, Weir No. 1 and drain pipe slide gate and structure, and existing Weir No. 2 and drain pipe slide gate and structure; construction of new flume structure and related pressure transducer system, new Weir No. 1 with new drain slide gate and structure, new sharp crested Weir No. 2 with new drain slide gate and structure, and related pressure transducer system; regrading of existing Weir Ponds 1 and 2; and testing, training and startup.
 Microfiltration Steel Break (Filtrate) Tank Replacement at the Carson Reclamation Facility for West Basin Municipal Water District – Inspector for the project which consisted of the following work at the Juanita Millender- McDonald Carson Regional Water Recycling Plant, demolition
of an existing 194,000-gallon welded steel tank,
tank foundation, and appurtenances; installation of
temporary above-ground bolted steel storage tank
and process piping; design and installation of
pressure grout soils stabilization for the area
underneath the proposed replacement tank;
construction of a new 194,000-gallon welded steel
tank, foundation, and appurtenances; cathodic
protection; connection of tank piping; and site
grading and drainage improvements.
 WRF-3 Sewer Lift Station for the City of Corona
– Inspector - AKM Consulting Engineers provided
construction management and inspection services
for the construction of a new wet well / dry well
type 1,850 gpm peak flow sanitary sewer pumping
station. This project included a groundwater
dewatering system, steel beam and lag shoring
system, 30 ft deep reinforced concrete dry well /
wet well, three 800 gpm vertical chopper pumps,
stand-by electrical power generator, stand-by
suction lift diesel driven pump, diesel fuel storage
tank, electrical and instrumentation systems.
 Myra 3 In-Line Detention Basin, Storm Drain,
and Sewer Improvements for the City of
Cypress – Special Inspector for the project which
consisted of removal and reconstruction of sewers,
cleaning and relining of existing sewers,
constructing approximately 2000 feet of 13’ (W) x

4.5’ (H) reinforced concrete box on Myra Avenue as
well as a lateral storm drain system on intersecting
side streets; and reconstructing full sections of
street pavement on Myra Avenue between
Bloomfield Street and Denni Street; removal and
replacement of curb, gutter, cross gutter, and
spandrels at eleven (11) intersections; curb-ramps
with detectable warning surface, and grinding 2
inches of AC pavement and recapping of full street
width along streets within the tract that the project
was constructed.
 Orange County John Wayne Airport – Terminal
C Exterior Expansion – Special Inspection
 City of South Pasadena – Wilson Reservoir
Project – Special and Soils Inspection
 City of Yorba Linda – Yorba Linda Towne Center
Parking Structure Project – Special Inspection
 City of Yorba Linda – Yorba Linda Library and
Arts Center Buildings Project – Special and
Soils Inspection

GARRETH SAIKI,
PE, GE
MATERIAL TESTING – PROJECT MANAGER
20 YEARS OF EXPERIENCE
Registration: RCE 49665 (California); GE 2509
(California); Nuclear Gauge Operator Certification
Education: MBA, 1998, University of California
Davis; M.S., Civil Engineering, 1989, University of
California Berkeley; B.S., Civil Engineering, 1987,
University of California Berkeley
As a Principal Engineer for Ninyo & Moore, Mr. Saiki coordinates and conducts geotechnical evaluations for residential, commercial, and public facilities, including highways, railroads, airports, pipelines, public and private buildings, and bridges; performs slope stability analyses, flexible and rigid pavement design, and underground pipeline design; prepares and reviews geotechnical reports; and provides geotechnical design parameters and recommendations for shallow and deep foundations, retaining structures, in-situ ground remediation and earthwork; reviews laboratory results, project plans and specifications; provides supervision and technical support to staff-level engineers and geologists; performs project administration and management; and provides forensic evaluation of distressed pavement, residential and commercial structures.
 South Coast Water District, Lift Station No. 6, Dana Point, California: Principal Engineer for geotechnical testing services during construction of the Lift Station No. 6 Force Main Replacement Project in Dana Point, California. The project consisted of installation of a new asphalt leveling course, fabric, and rubberized asphalt paving along Pacific Coast Highway between Crown Valley Parkway and Point Monarch Drive. Services included project oversight, management and technical support including review of the project geotechnical reports, plans and specifications.
 South Coast Water District, Golden Lantern/Stonehill Recycled Water Distribution, Dana Point, California: Served as Principal Engineer during the Golden Lantern/Stonehill Recycled Water Distribution project in Dana Point, California. Services included oversight for data compilation and analysis. Field services included site visits for sampling of onsite materials and density testing and in-place density testing during paving operation Our laboratory services included maximum density and sand equivalent testing of onsite materials.  Orange County Sanitation District, On-Call Geotechnical, Materials Testing, and Inspection Services for Collection Systems and Treatment Plant Projects: Served asProject Manager for four consecutive contract periods (over 43 projects) to provide the Authority with as-requested geotechnical, materials testing, and inspection services for various projects located within the Authority’s Collection System, Treatment PlantNo. 1 in Fountain Valley and Treatment Plant No. 2 in Huntington Beach. Ninyo & Moore has provided field technicians and registered deputy inspectors on various Authority projects to perform field sampling and testing of materials and special inspection services.  Inland Empire Utilities Agency On-Call Geotechnical Materials Testing and Inspection Services: Principal Engineer retained during on-call construction inspection, as wellas geotechnical and materials testing services during the various Inland Empire Utilities Agency (IEUA) construction projects located throughout the Inland Empire. Services were provided for geotechnical design, consulting, testing, and inspection as well as special inspection services for welding, fireproofing, and reinforced concrete and masonry
inspection. Projects included new pipeline,
pump station, and building construction, as
well as new solar panel construction at the
various Agency facilities.
 Jurupa Community Services District Pyrite
Creek/Regional Wastewater, Jurupa
Valley, California: Principal-in-Charge
 Stone Canyon Pumping and Filtration
Plant, Stone Canyon Reservoir, Los
Angeles, California: Project Engineer
 Chiquita Water Treatment Plant, Phase III
Expansion, San Juan Capistrano,
California: Project Manager
 EffluentPumpStationAnnex – JobNo. J-77,
Orange County Sanitation District Plant No.
2, Brookhurst Street, Huntington Beach,
California: Project Engineer
 On-Call Geotechnical, Materials Testing
and Inspection, County of Orange: Project
Manager
 City of Rancho Santa Margarita On-Call
Geotechnical Consulting Services, Rancho
Santa Margarita, California: Project
Manager
 On-Call Geotechnical/Materials Testing
and Construction Inspection Services,
John Wayne Airport, Orange County,
California: Project Manager
 Orange County Transportation Authority,
On-Call Geotechnical Consulting, Soil and
Materials Testing Services, OrangeCounty,
California: Project Manager
 County of Los Angeles, Department of
Public Works, As-Needed Geotechnical,
Soils and Materials Testing & Inspection
Services, Los Angeles, California: Project
Manager
City of Seal Beach
Lampson Well Treatment System
AKM Proposal 21-1091 Scope-1
SECTION 3

UNDERSTANDING AND APPROACH

PROJECT UNDERSTANDING
The City of Seal Beach seeks a well-qualified Construction Management and Inspection consulting firm to provide efficient, effective and responsive service during the construction of the planned Lampson Well Treatment System Project. The project involves the construction of a new granular activated carbon treatment system at the existing Lampson Well facility, which will be designed to treat hydrogen sulfide present in the groundwater. Services will need to begin during design in order to provide a thorough constructability review of the project’s 90-percent design package. The successful consultant will also need to coordinate the completion of the design package with the design engineer, coordinate the bidding of the project, as well as coordinate preconstruction activities. Services will continue through construction, extend through startup and testing, and through project closeout.

Our goal on any project is to see that quality facilities are constructed on time and within budget, so that such facilities will be a benefit to the community for their full useful life. In addition, AKM’s Construction Management Team becomes a close partner and extension of our clients. We are sensitive to the fact that the City’s internal staff has a variety of day-today responsibilities beyond any particular construction project. That being said, we have been extremely successful handling the project management workload for our clients during construction, yet still keeping assigned client staff fully abreast of project progress and status. AKM understands that no two agencies or projects are the same, all containing their own unique challenges and nuances. Our Construction Management services are specifically tailored for each client and project to properly serve their best interest and overall project success. It is critical that any project is carefully examined and that the client’s goals and objectives are clearly understood by all project participants prior to beginning our services.

For the Project to be successful, detailed and timely attention must be given to the key issues unique to the project. Not addressing the key issues promptly could potentially derail an otherwise successful project. Our approach for successfully completing the Project involves promptly addressing the key project issues.

Impact to the Surrounding Community
The project site is within a residential area and very close proximity to existing residences. Additionally, the existing facility is adjacent to a private golf course. All projects near the public present a burden to residents.

Although the Contractor is required to mitigate construction nuisances, it is the Construction Management Team’s responsibility to enforce such mitigation measures. The potential always exists for dust and fine debris to create unfavorable conditions for the nearby public. The greater the inconvenience to the public, the more the public will become discontent with the project. Minimizing the burden to the public during construction will be instrumental in achieving a successful project.

Coordination of Several Trades Working Simultaneously
The project requires work of a variety of different disciplines to not only be constructed properly, but to be coordinated with each other, many of which will not interface with one another until later in the project. For example, the concrete work must be carefully planned; however it will be critical to consider the interfacing of other work elements such as the mechanical piping, necessary embedment items, location of GAC vessel anchors relative to reinforcement bar, as well as electrical work such as conduit penetrations and stub-ups.

Approaching the work with a narrow focus on only the task at hand without due consideration for other disciplines can lead to errors and deficient work, required re-work or remediation; all problems that can increase costs and impact schedule. Allowing the various disciplines to forge ahead without coordination and planning would be a recipe for problems. Also, as mentioned above, the project is on a constrained site, therefore space and site logistics must factor into coordination of the various trades.

Key Issues and Project
Challenges
 Impact to the Surrounding
Community
 Coordination of Several
Trades Working
Simultaneously
 Lead-Time Issues for Piping
and Equipment
 Equipment Installation and
Verification
 Construction completion time
City of Seal Beach
Lampson Well Treatment System
AKM Proposal 21-1091 Scope-2
Lead‐Time Issues for Piping and Equipment
Being specialists in the field of water resource engineering, AKM is aware that our industry is currently experiencing delays in fabrication of equipment as well as materials shortages, resulting in delayed lead-times for treatment equipment, electrical equipment, pipe material and pipe appurtenances such as valves. AKM has learned on recent projects that is important to maintain communication with Contractors during the submittal and procurement phase to ensure that they maintain ample pressure on their suppliers and fabricators so that lead-times do not extend out any longer than necessary. For this reason, it is critical to continue to conduct regular progress meeting to obtain updates on the progress of fabrication of equipment for the project during the preconstruction phase. If necessary, the Contractor will be requested to have their suppliers/manufacturers present during virtual meetings to provide updates on the fabrication process.

It is also critical to facilitate timely review of submittals associated with long lead-time equipment. As our team possesses direct experience with the type of GAC equipment required on this project, we plan on assisting in bridging the gap of understanding between the Design Engineer, the City, and Contractor, to ensure that comments are addressed and back-and-forth submittal responses do not stalemate the submittal resolution processes. Our Construction Manager will pre-screen these submittals to ensure they are complete and ready for review by the City and the Design Engineer. Equally important will be to review the responses provide by the Design Engineer to ensure they are complete, relevant, and consistent with the Contract Documents.

Equipment Installation and Verification
One of the more overlooked aspects of mechanical treatment facility construction is the process of proper equipment installation, verification and testing. The proposed treatment equipment is intended to serve the City and its residents for several years to come, and in order for the facility to function for its full useful life, the equipment must be installed to function properly. To properly facilitate this multistep process, it takes an experienced team who is familiar with the equipment, installation procedures, working with manufacturer’s representatives, overseeing individual equipment testing, as well as operator training. Ensuring that the equipment is not only installed pursuant to the manufacture’s guidelines, but also that the manufacturer has an authorized representative visit the site to verify the installation, perform any needed calibration or tuning, and provide written certification that the equipment has been installed properly, will be a key responsibility of the Construction Manager and Inspector. It has been our experience that results of system startup and demonstration testing have a higher degree of success when the proper procedures for individual equipment testing and verification are completed. It is also important that the process is followed for warrantee work as manufacturers may deny warrantee claims if a clear verification and installation record is not provided.

Construction Completion Time
In construction, time is always of the essence. Due to the potential impacts to the public and close proximity to residences, there is an even greater need for completing the work within the allotted contract duration.

Additionally, the longer the project extends, the greater the burden will be to the residents and public, increasing complaints, and overall dissatisfaction. Projects which overrun the schedule also tend to result in a higher overall cost when finally completed and could lead to Contractor delay claims.

APPROACH TO MITIGATING KEY ISSUES AND CHALLENGES
What is evident in the paragraphs above, are the interrelationships of the key project issues. A direct effect of one of the issues results in an unintended consequence to the others. AKM will effectively, promptly, and proactively monitor and manage these issues for the entire duration of our services on the project. Our methodology for handling the above identified issues is described in the paragraphs below.

A Commitment to Documentation
AKM takes great pride in our project document control, believing that effectively managing project documents reduces our client’s risk, can help avoid and resolve project disputes, improves project lifecycles, and promotes contractor accountability. We will keep project documentation in strict accordance with the project requirements. Such diligence is a representation to involved parties, that prudent project management and administration is being implemented. Project documents will be ready for review and/or audit anytime one is mandated or requested. Our commitment to documentation will also allow the Construction Inspector to verify City of Seal Beach
Lampson Well Treatment System
AKM Proposal 21-1091 Scope-3
that all required submittals, schedule updates, and red line drawings are being submitted in a timely manner by the Contractor so that construction progresses as planned.

Because it is clear that documentation, communication, coordination amongst several different project participants, responsiveness and bringing the project to an expeditious completion will be key to a successful project, AKM is proposing to provide a cloud-based document control system. AKM proposes Procore, an interactive web-based project management and document control system. The goals of the system will be to reduce document response turnaround time, eliminate redundant record keeping and data entry, improve transparency and accountability across project participants, and provide the City real-time access to all project information, documentation and overall project status. The system will host all project documents including plans, specifications and appendices; contain portals to manage the RFI and Submittal processes; will host the CPM schedule; host the project as-built drawings which can be updated by authorized users; store all project photos; contain a module for punch list creation; and allow for hosting and distribution of daily construction reports.

The advantage that Procore has over comparable systems is that it has an app based platform. This means that our proposed Construction Inspector, can add photos, respond to RFIs, process submittals, complete a daily report and create punch list items from a smart phone or tablet. Additionally, AKM has noticed that Procore has better use adoption from peripheral project participants, than compared to comparable systems that we have used. An added benefit is that documents and emails sent by project team members or stakeholders outside of Procore, can be easily synched back into the system for filing and storage; whereas other comparable systems do not possess this functionality. We have recently received feedback from clients and Contractors that Procore is easier to utilize than other comparable systems. Finally, archiving of the Procore system at the conclusion of the project can be completed within a day; where as some comparable systems take months to receive the complete archived project file.

Be Responsive
Capital improvement construction projects are a dynamic and ever evolving endeavor. Circumstances can change without warning and as previously mentioned, time is always of the essence. It is therefore a hallmark of AKM to be extremely responsive to the Contractor, the City, surrounding community, permitting agencies, utilities, as well as any other project stakeholders. We are committed to the project day and night; the project does not end for us at 5:00 PM. AKM will diligently and expeditiously respond to project participants, transmit necessary information, and coordinate between various project participants when necessary. Our commitment to be as responsive as possible will aid in avoiding delays, as well as maintaining good project relationships with all involved parties. This also will aid in maintaining work flow during shutdowns/tie-ins, coordination of and testing the new pipelines and equipment, as well as startup and testing of the facility. There likely will be issues that arise that cannot wait to be addressed and attended to.

Communicate Early and Often
AKM understands that it is part of a team that includes the Contractor, the City, permitting agencies, utility owners, as well as residents sharing in the common goal of project completion on time and within budget.

Communications will begin from the commencement of the project during the design phase, during preconstruction activities, and continue through completion. Coordination and cooperation amongst project participants is best achieved when relationships founded on open communication are established. Such communications will allow AKM to most effectively deal with problems identified with the schedule, delays, utility conflicts, and addressing public concerns related to construction.

We will conduct a productive Preconstruction Scheduling Conference to review the CPM schedule with the Contractor and the City.

It is also proposed that AKM meet with Contractor informally prior to the preconstruction meeting so that our respective project teams can meet and begin building a working relationship. This provides an opportunity for the Contractor to share project concerns and AKM to express expectations prior to being in a room full of the design engineers, the City and outside agencies. The practice of this informal meeting has paid dividends on recent projects building trust between the construction management team and Contractor and setting a collaborative tone for the project.

City of Seal Beach
Lampson Well Treatment System
AKM Proposal 21-1091 Scope-4
Diligently Pursue Project Completion
A lagging or drawn out project completion period can create a perception that an otherwise successful project is not successful. Project closeout within the schedule is of the utmost importance to AKM. We will diligently pursue all completion activities including collection of all final compliance paperwork from the Contractor, final payment quantities, the completion of as-built record drawings, final guarantees, warrantees, and final lien releases. Our diligence will help ensure that the project comes to an expeditious closure, that permit requirements are met and closed out within the time limits specified, that the project presents no further burden to the public and nearby residences, and that the proposed facilities turned over to the City for beneficial use are of the highest quality, and are properly tested to function as intended by the design.

PROJECT MANAGEMENT & QA/QC
Our Construction Management Team will diligently manage the project budget so not to create cost overruns during the prosecution of our services. Although the Project Manager will have ultimate responsibility for tracking, managing and reporting budget status to the City, every team member participates in project management. Our Construction Manager and Inspector are required to thoroughly review and understand the project specific scope of work prior to beginning our services, and to log hours spent on the project daily. The Project Manager reviews accrued project hours weekly. Additionally, the Project Manager carefully analyzes project costs and staffing requirements and assigns work hours to project team members accordingly the prior week services are scheduled to be rendered. Adherence to our project budgets relative to construction percent completion based on schedule will be communicated to the City monthly, or at any other interval desired by the City. The City will be notified in writing when reaching budget milestones of 25-percent, 50-percent and 75-percent of total cost exhausted. AKM will not exceed the budget limits agreed to.

AKM’s Construction Manager will review all deliverables and will screen Inspector Daily Reports on a daily basis. Our Construction Manager will also perform field visits at least twice a week to keep abreast of project issues and to ensure project goals and objectives are being carried out in the manner planned, and to AKM and the City’s quality standard.

SCOPE OF WORK
Task 1 – Construction Management and Project Management Our Project Team will conduct a constructability review of the project contract documents including City’s front end documents, technical specifications and contract drawings. The overall objective of the constructability review will be to minimize costly changes and delays prior to project commencement, which could significantly reduce resources used during construction to respond to RFIs, change orders and/or resolving claims. The review will also serve to improve upon the overall design package distributed to construction contractors for the purpose of bidding, and to maximize project efficiencies while reducing overall costs and compressing the schedule to the greatest extent possible.

The constructability review will include a review of the plans and specifications to suggest alternatives to materials, equipment, or even designs that can save the City up-front construction costs or long-term maintenance costs. The AKM Project Team will also review the project plans and specifications to identify conflicts, risks, errors, and omissions; assess the general feasibility of the design, verify that sufficient information is provided by the plans and specifications for a Construction Contractor to provide an accurate bid for the proposed project, verify that the documents will yield pricing within budget, verify that sufficient detail is provided for a Contactor to construct the project as intended and avoid costly delays or change orders during construction; contact manufacturers and suppliers of major equipment to determine and/or confirm lead times, assess the reasonableness of the planned project duration, assess the reasonableness of the engineer’s estimate, assess traffic impacts and other impacts to the surrounding community; and evaluate project site logistics and constraints. We also evaluating long term maintenance concerns with the design and potential alternatives geared towards eliminating possible maintenance issues. The findings and conclusions of the constructability review will be documented and presented to the City in a well-organized report.

Once the design package is finalized, the AKM team will coordinate with the City and Design Consultant to assemble the final bid documents and help facilitate the bidding process. During the bid period, AKM will support the City by fielding and documenting bidder’s questions, as well as coordinating responses. AKM will City of Seal Beach
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AKM Proposal 21-1091 Scope-5
analyze Contractor bids to identify flaws; omissions in either the bid quantities or required paperwork; items which may have been underbid based on prevailing material or equipment prices; verification of the status and standing of Contractor licenses; verification of Contractor’s previous experience and references by contacting and interviewing listed references; verification of financial standing if required; and tabulating all bids in a spreadsheet format for a side-by-side comparison against the engineer’s estimate. After a thorough review of all bids, a recommendation of award will be submitted to the City.

Task 2 – Inspection
We are providing a highly qualified and experienced Construction Inspector to verify compliance of the daily construction work. Daily observation and quality assurance of the proposed work will constitute enforcing strict adherence to the City Standards and regulations; the project plans and specifications and requirements and standards of any permitting agencies at all times during the Contractor’s prosecution of the work.

Inspection services will verify that the construction is in accordance with all Contract Documents. This will be achieved through thorough visual inspections and observations, physical testing, and documentation of all construction activities occurring on site, and material and equipment manufactured or stored off site. Prior to beginning construction, and particular work tasks, the Construction Inspector will be responsible for verifying that the Contractor has all applicable submittals and shop drawings onsite to control the work. He will continually verify that the submittals and shop drawings are adhered to during the work.

Daily reports will be prepared by the Construction Inspector for each day on the project. The daily report will contain a written summary of work completed and all construction activities occurring at the site. The summary will contain specific times and durations that work or events occurred. The daily report will also document weather conditions; drawing and specification references for work completed; traffic control measures taken by the Contractor; quantity of materials used; quantity of materials not used yet stored on site; work completed as a percentage of the appurtenant bid item, equipment on site and whether the equipment was used or idle; time that equipment was used on the project; and the names, labor classifications, and hours worked for all Contractor employees.

Detailed descriptions will be provided to document any conversations with the Contractor’s Field Superintendent or other Contractor personnel, directives given to the Contractor, non-compliance notices issued, any construction issues identified by the Contractor, and any visitors to the project site and their purpose for being there.

The Construction Inspector will make notations in the daily report regarding the safety measures employed by the Contractor; any safety concerns, violations, or deficiencies noticed; and action taken by the Contractor to correct them.

The daily report will also contain notations regarding potential conflicts that may result in a request by the Contractor for a contract change order. If no issue or conflict is discovered for a particular day, the Construction Inspector will note that in the report.

Time noted and dated photographs of construction activities will be included in the daily report. The photographs will contain descriptive captions explaining the work, location of the work at the project site, and position/direction the photograph was taken from.

Sketches, drawings, or details will be prepared as necessary to explain and document daily construction activities, and will be included in the daily report. Daily reports will be completed the same day the observations are conducted to ensure the accuracy and completeness of the report. All Daily Reports will be completed in, and submitted through our proposed web‐based document control system Procore.

The Construction Inspector will maintain and keep a running project punch list subdivided into the different project work areas/tasks. He will document all unresolved items and review the list once per week with the City.

Our Construction Inspector will preside over pressure testing, chlorination and bacteriological testing, electrical testing and overall start up testing and commissioning. Strict adherence to the project specific requirements, applicable regulations as well as standards of practice will be maintained. All testing will be carefully documented, including all retests.

City of Seal Beach
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AKM Proposal 21-1091 Scope-6
Task 3 – Meetings
Project Meetings will be conducted by the Construction Manager. He will also develop the agenda and seek input from the City. Our Project Manager will attend meetings as necessary and when requested by the City.

Preconstruction Meeting
The entire Project Team will participate and attend the meeting. The agenda will be generated by and meeting conducted by the Construction Manager.

The meeting shall be attended by representatives of the City, the Construction Management Team, the design engineer, the Contractor and their major subcontractors and suppliers, and all other project stakeholders such as local authorities including police and fire departments, other affected utility/facility owner’s personnel, and any other regulatory agency having jurisdiction over the project. The meeting will review the project objectives, introduce key personnel for the City, AKM, the design engineer, the Contractor and define their roles on the project, discuss the Contractor’s initial CPM Construction Schedule; review labor compliance requirements, progress payment procedures, and project record keeping; establish project lines of communication, appropriate project site conduct, and other project procedures; and discuss public relation concerns and procedures.

An agenda will be prepared by AKM and distributed to the City’s project staff a minimum of five (5) business days prior to the meeting. A written record of attendance and detailed meeting minutes of items discussed shall be prepared and distributed to all attendees by AKM. Our meeting minutes will clearly and completely document all items that were discussed including all discussion points raised regarding the items, rather than providing an expanded agenda with bullet points.

A list of Action Items will be created at this meeting and our team will follow up to ensure that the items are taken care of in a timely manner.

A separate meeting is recommended for review of the baseline schedule. The initial baseline schedule review meeting would be conducted by our Project Manager who will take the lead on schedule reviews and schedule maintenance throughout the project
Progress Meetings
It is suggested that a brief meeting is conducted between the City and AKM prior to each progress meetings to ensure both parties are on the same page and deliver a consistent message.

Attendees at the progress meetings will include key representatives from the City, AKM, the design engineer, the Contractor, and any other agencies having jurisdiction over the project. The following are typical items that are anticipated to be addressed during meetings: Work completed during the previous 2 weeks, overall schedule review, submittal status, schedule of work for the next two to three weeks, future items requiring coordination, RFI status, as-built drawing maintenance, progress payments, contract change orders, site maintenance and safety, and Contractor performance relative to project schedule, cost, and frequency of noncompliance notices and/or corrective work.

AKM may schedule special meetings with the Contractor in addition to the progress meetings in order to address issues resulting in any Contractor deficiencies.

Meeting agendas will be provided in advance of the meeting. All meeting minutes will contain action items that resulted from the meeting’s discussions. The action items list will be updated and discussed at each meeting to verify that issues are being resolved and do not slip through the cracks. Following the meeting, AKM will draft and distribute meeting minutes within two (2) business days. Meeting agendas and minutes will be created and distributed through our proposed web-based document control system Procore.

Task 4 – Schedule and Budget
The baseline CPM schedule will be the barometer from which Contractor’s performance will be evaluated.

During the preconstruction phase of the project, the Contractor will be required to submit a baseline CPM schedule which will be refined following a scheduling meeting conducted between the AKM Construction Management Team, the City and the Contractor. During this period, AKM will review the schedule for the City of Seal Beach
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overall feasibility and duration of specific activities, as well as evaluate interrelated activity constraints and analyze all logic relationships (i.e. predecessor and successor activities).

During construction, the Construction Inspector will track manpower daily as well as log total working days charged to the CPM schedule activity codes. Doing so keeps a running score of the Contractor’s adherence to the schedule in relation to time, manpower and cost. The daily activity codes charged to the project each day will be recorded in the Construction Inspector’s daily report. Such daily tracking will allow AKM to preemptively identify potential delays or project problems. When critical activities approach their completion dates, or when non-critical activities begin to use up the allotted float, AKM will immediately bring such issues to the attention of both the City and the Contractor.

The Construction Manager will be responsible for reviewing and commenting on the monthly schedule updates as well as the weekly look-ahead schedules. He will also review time impact analysis (TIA) when submitted.

Will suggest that the final design package require weekly look-ahead schedule to be submitted in advance of the weekly progress meeting in order to discuss the schedule as well as communicate to the Contractor any concerns or comments
Reports
Monthly Project Report will be produced by the Construction Manager and presented to the City. The reports will include a summary of work completed and work in-progress since the previous report, planned activities within the next 4-weeks, potential change orders and risk items, as well as project completion status as a function of project time and cost. AKM will also include a running total of AKM’s consulting budget.

Billing
Our assigned Project Manager will be responsible for review of all consultant invoices and preparation of AKM’s monthly invoice to the City. The invoices will be prepared on a form acceptable to the City.

Task 5 – Submittals and RFI’s
Shop Drawings / Submittals
AKM will maintain and manage the project submittal register to track each submittal and identify the date the submittal was received by AKM, the date it was transmitted to the City and the Design Engineer for review, the date the submittal comments are due back to the Contractor, the date the submittal was returned by the City and the Design Engineer and the noted status of the submittal (for example: no exceptions taken, revise and resubmit, make corrections noted or submit specified items). The submittal register will also track each resubmittal as noted above when re-submittal for an item is required. AKM will distribute the comments back to the Contractor as well as the final submittals. The submittal process will be managed using our proposed webbased document control system Procore. All submittals and shop drawings, including all responses, will be through Procore. Procore auto generates submittal log/schedule and can be programmed to update and distribute at any interval.

Prior to construction, AKM will develop an expected submittal list to use as a tool to compare to the Contractor’s initial submittal list. The two lists will then be collaboratively merged after review and discussion with the City and the Contractor.

We anticipate our Construction Management Team to review certain submittals, (i.e. CPM schedules, submittal schedule, the schedule of values, the project specific safety plan, Contractor’s QA/QC plan, etcetera) we will review all required submittals in a thorough and expeditious manner within the required timeframes to facilitate construction progress.

In the interest of making the most efficient use of the City staff and the Design Engineer’s time and resources, all submittals and construction documents will be prescreened by the Construction Management Team prior to transmitting to the City and the Design Engineer so that we may verify that the information is complete, relevant and ready for their review.

During Construction, AKM’s Construction Manager and/or Inspector will review all reports, certifications and testing reports, such as mil certifications for reinforcement bar, compaction testing and laboratory materials testing. All tests will be documented and logged. Test reports that are incomplete or indicate non-compliance City of Seal Beach
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will be sent to the Contractor for revisions. AKM will discuss the results of the test with the City and provide recommendations for action.

RFI’s
All requests for information or clarification of interpretations, meaning and intent of the project Contract Documents will be forwarded to the AKM Construction Management Team by the Contractor. Responses to issues pertaining solely to construction activities will generally be addressed by AKM’s assigned Construction Manager or Inspector, in consultation with the City.

Issues pertaining to project design, interpretation, and/or meaning and intent of the Contract Documents will be forwarded to the Design Engineer for review and response with a copy to the City. As with submittals, the RFI process will be managed and hosted by the Procore system. A complete log of requests for information or clarifications will be available at all times and auto-update within Procore as RFI’s are uploaded and responses transmitted. Procore automatically monitors response times and preemptively informs the responsible reviewer of contractual response durations in advance of the deadlines.

Potential Claim Management
The entire Construction Management Team will preemptively monitor for potential conflicts that may result in a contract change order. Daily notations of any conflicts observed or potential contract change orders will be made in the daily reports. Detailed accounts of any disputes with the Contractor relating to the project scope of work will also be documented in the daily report. AKM will immediately notify the City in writing when a conflict, dispute, design problem and/or potential contract change order arises. We will also open a “Risk Item” in the project file to track the evolution of the issue.

Task 6 – Materials and Compaction
All materials testing will be scheduled by the Construction Inspector and provided by our proposed subconsultant Ninyo and Moore Geotechnical. The Construction Inspector will be responsible for presiding over the testing and inspections and ensuring that reports produced by Ninyo and Moore are thorough and complete.

It is anticipated that materials testing services will be required for soil compaction testing; concrete placements, compressive strength testing for concrete, asphalt concrete paving compaction testing; sampling and laboratory testing for fill materials, asphalt concrete paving materials, and aggregate base; as well as reinforcing steel. Laboratory tests for fill materials will include gradation, resistivity, chloride concentration, and sand equivalence. A detailed list of each test, separated by category, will be logged by AKM.

Task 7 – Public Relations
The Construction Management Team will assist the City staff with the planning, coordination and hosting of any necessary public outreach. Our Team will be prepared to answer any questions from the public related to construction with clarity and in terms the general public can easily understand.

All of Our Proposed Construction Management Team Members will represent the City with professionalism, courtesy and integrity while working on the project. Part of our role will be to assist the City with public relations which may include distribution of public notices to the surrounding public as well as interfacing with residents, business owners, homeowners associations and the general public on a day-to-day basis while in the field. We will also be available to respond to written inquiries or complaints from the public regarding construction.

Task 8 – Progress Payments & Change Orders
Progress Payments
The AKM Construction Manager will review the Contractor’s submitted schedule of values at the beginning of the project and prior to mobilization. We will verify that a sufficient breakdown of the bid items is provided in order to allow for equitable reimbursements through monthly progress payments. We will also verify that the breakdown is logical and accurate to avoid front or end loading of particular items. A properly executed schedule of values aids in avoiding disputes when reviewing progress payment quantities with the Contractor.

City of Seal Beach
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AKM Proposal 21-1091 Scope-9
During the progress of work, AKM will track and measure actual quantities of work daily including materials and equipment used and incorporated, as well as labor. At the conclusion of each month, the Construction Inspector will compare the data tabulated throughout the month to the project schedule of values to determine the approximate cost of the work completed. The approximate costs will serve as a basis for determining the appropriate monthly progress pay quantities. Once the Construction Inspector and the Contractor agree on the quantities, and all required paperwork requisite to payment release such as the CPM schedule update and narrative, certified payroll reports, preliminary lien releases from subcontractors and suppliers, and as-built drawing updates are received; AKM will transmit the costs per bid item to the City recommending monthly payment quantities. Requests for quantities exceeding that which have actually been completed will not be accepted.

Change Orders
The Construction Manager will be responsible for managing the change order process. The Construction Inspector will provide input necessary for resolution of change orders or claims. When time and material work is ordered, or disputed work arises, time and material or disputed work logs will be maintained by the Construction Inspector.

Our approach to Change Order and Claims Management is to partner with our client and advise them on the merits of the demand, regardless of how small. This effort requires thorough analysis of each issue and goes far beyond simply processing paperwork. Contract change order proposals and/or claims will be received by the Construction Management Team and reviewed for merit and reasonableness of cost. The change order or claim will also be forwarded to the City for review and comment. If the change order or claim request is determined to be meritorious through a cooperative effort with the City, AKM will prepare a written justification for the contract change order or claim. AKM will also negotiate with the Contractor in order to reach a mutually agreeable cost and terms of the change order, or resolution of a claim. AKM will not authorize work or agree to the resolution of a claim without conference with, and prior written approval by the City. Final agreements for resolution of claims will be in writing between the City and the Contractor.

All time extension requests will be reviewed by the Construction Manager. He will carefully analyze the Contractor’s submitted time impact analysis and then provide a recommendation for action to the City.

Task 9 – Startup, Testing and Permitting
Prior to beginning startup testing, AKM will conduct an inspection to verify that all required work has been completed; that equipment and instruments have been calibrated and pre-tested by the Contractor; and that the City, AKM and the design engineer provide a favorable review of the Contractor’s Startup Testing Plan before conducting final startup testing. It is recommended that the Contractor is required to submit his Startup and Testing Plan no later than 90 days prior to testing. AKM will ensure that the plan is submitted in accordance with this important requirement to provide all parties ample opportunity to review, discuss and comment on the plan.

The startup and commissioning/testing plans will be reviewed by the Construction Manager and our Construction Inspector. During field testing of each individual item of equipment and system demonstration, the Construction Inspector will carefully observe and document the results. The Construction Manager will also be responsible for coordinating with the necessary City and Design Engineering personnel for the testing and startup activities.

The Construction Management Team will coordinate with the necessary parties for startup and final testing of the completed improvements. All equipment will be required to be individually tested and verified prior to scheduling the systems operational testing, or startup testing. This will entail verifying that manufacturer’s representatives have verified proper installation of their equipment and/or instrumentation, and the Contractor has executed and submitted the Manufacturer’s Certificates of Functionality Compliance.

Additionally, testing and start up will include hydrostatic testing of piping; testing of all protective coatings; electrical testing including insulation resistance, resistance to ground testing, and circuit breaker testing; instrumentation and verifying that the proper signals are being read by the PLCs and central control; and coordination of integration with the existing SCADA system. The automation planned will require thorough checking of all the instrument and control loops and the PLC control strategy must be verified, line by line.

City of Seal Beach
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Our Construction Manager will coordinate the operator training programs and curriculum submittals with the City. He will develop and keep a master schedule of all training programs and curriculum as well as anticipated training dates which will be coordinated with the City and their operations staff.

Task 10 – Closeout and Training
During the course of the Project, AKM will keep a running list of issues and corrections requiring resolution within the Procore system. The list will include a description of the issue, date the issue was first observed, and date the issue was resolved. The goal of the list will be to create a real-time punch list to resolve issues prior the end of the project, minimizing the size of final punch lists. Once the AKM Construction Management Team determines the Project has reached substantial completion, the City will be notified and a final inspection/walk through will be recommended to ascertain any unfinished work or corrections to be made. It is anticipated that the final inspection/walk through will include the City staff the Design Engineer and AKM.

Based on the findings and results of the final inspection/walk through, AKM will develop a final punch list of work to be completed and/or corrected. The final punch list will include all necessary outstanding paperwork such as final operations and maintenance manuals, required guarantees, certifications, affidavits, warrantees, lien releases, as-built drawings, permit close-out verification and other documents required by the project’s Contract Documents. Once all items have been completed to the satisfaction of the City and the Design Engineer, AKM will recommend final acceptance.

During project closeout activities AKM will obtain from the Contractor any and all required guarantees, certifications, affidavits, operation and maintenance manuals, warrantees, and other documents required by the project’s Contract Documents. AKM will then review the documents to verify that all documents are complete and accurate. Should incomplete or inaccurate documents be discovered, AKM will notify the Contractor for revision. Operation and Maintenance manuals will also be distributed to the City for their review and comment. Once determined to be complete, AKM will transmit all of the documentation described above to the City.

Prior to the end of construction, our Construction Inspector will develop a list of all required spare parts, separated by discipline and will include model number and manufacturer. The list will be used as a checklist to verify receipt and transfer of all require spare parts.

Once the Contractor has successfully completed startup and commissioning, any required operational period, and operator training, AKM will issue a notice of substantial completion to the Contractor. The letter will indicate the date of the required 11 month warrantee inspection.

Following completion of a project, the final as-built drawings will be reviewed and when determined to be complete, will be transmitted to the City for review and/or approval.

A recommendation for final acceptance will occur once all required documents and spare parts have been verified to be submitted and approved, and following completion of the punch list as described above. AKM will first make a recommendation to the City for notice of completion and once concurrence is received, we will prepare and distribute the notice.

A complete electronic copy of all project documents and correspondence will be created, organized and provided to the City via a flash drive. The flash drive will be transmitted to the City at the conclusion of the project.

Our Construction Inspector will review and reconcile the final bid items with the Contractor, resolve pending issues and recommend processing of final payment once all conditions have been fulfilled.

City of Seal Beach
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AKM Proposal 21-1091 References-1
SECTION 4

REFERENCES
AKM Consulting Engineers has completed, and/or is currently working on construction management assignments for the following clients. Contacts are listed for your reference to confirm the quality of our work and responsiveness provided by AKM.

CYPRESS WATER PRODUCTION FACILITY UPGRADES
City of Lomita – 24300 Narbonne Avenue, Lomita, CA 90717 Contact: Mr. Mondher Saied, P.E., Senior Civil Engineer (310) 325-7110 x110 [email protected]
Construction Cost: $3,571,000 A/E Fee: $414,000 Schedule: 02/2021 – Current (3/2022 expected completion)
Role: Prime Construction Management / Inspection
EQUPPING OF WELL 16 AND TREATMENT PLANT
City Of Paramount – 16400 Colorado Avenue, Paramount, CA 90723 Contact: Ms. Adriana Figueroa, Director of Public Works (562) 220-2100 [email protected]
Construction Cost: $6,800,000 A/E Fees: $650,000 Schedule: 05/2020 – 01/2022 Role: Prime Construction Management / Inspection Contractor: MMC Inc.

MICROFILTRATION STEEL FILTRATE (BREAK) TANK REPLACEMENT PROJECT West Basin Municipal Water District – 17140 South Avalon Blvd., Suite 210, Carson, CA 90746 Contact: Ms. Veronica Govea, Engineering Supervisor (310) 660-6269 [email protected]
Construction Cost: $2,600,000 A/E Fee: $345,000 Schedule: 06/2020 – 03/2021 Role: Prime Construction Management / Inspection

LONG BEACH MUNICIPAL STORMWATER TREATMENT FACILITY (LB-MUST) City of Long Beach – 411 W. Ocean Blvd., 5th Floor, Long Beach, CA 90805 Contact: Mr. Colin Averill 562-570-6679 [email protected] Construction Cost: $45,000,000 A/E Fee: $2,000,000 Schedule: 1/2017-07/2023 Role: Prime Construction Management / Inspection

ALAMITOS BARRIER IMPROVEMENTS PROJECT
Orange County Water District – 18700 Ward Street, Fountain Valley, CA Contact: Mr. Ryan Bouley (714) 378-8207 [email protected] Bid-Build : Construction Cost: $3,600,000 A/E Fee: $423,720 Schedule: 9/2017-11/2018 Role: Prime Construction Management / Inspection

EQUIPPING OF LEAHY WELL
Bellflower Somerset Mutual Water Company – 10016 Flower Street, Bellflower, CA 90706 Contact: Steve Lenton ([email protected]) (562) 866-9980
Construction Cost: $2,500,000 A/E Fees: $300,000 Schedule: 4/2021 – 3/2022 Role: Prime Construction Management / Inspection

EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day’s work.

Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Consultant shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.

Agenda Item K

AGENDA STAFF REPORT
DATE: July 25, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Professional Services Agreement with Psomas for an Environmental Impact Report Related to the Old Ranch
Country Club Specific Plan Proposal
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve Resolution 7318:

1. Approving the Professional Services Agreement with Psomas; and,

2. Authorizing the City Manager to execute the Agreement.

BACKGROUND AND ANALYSIS:

The City of Seal Beach has received a proposal from the owners of the Old Ranch Country Club (“ORCC” or “Club”) located at 3901 Lampson Avenue to create a Specific Plan for the continued operation and future development of the existing ORCC property. The existing Club consists of a 30,000 square foot clubhouse with 12,000 square feet of meeting space, an eighteen-hole golf course, wedding venue, swimming pool, maintenance area, two-way driving range, and surface parking stalls totaling 394 spaces.

The proposed Specific Plan, as currently drafted, would allow the development of new and expanded facilities at the 154-acre site as follows:
• Three-level addition to the existing clubhouse of 109,015 sq. ft. consisting of overnight accommodations of 150 rooms, with pool, restaurant, and bar/lounge,
• 103-unit, tri-level, 83,415 sq. ft. independent/assisted living facility, • New 4,250 sq. ft. relocated maintenance building (serving the Club), • 51-unit, tri-level, 96,955 sq. ft. Senior Housing complex with 25,340 sq. ft. of medical office (which is included in the 96,955 sq. ft. total), • Reconfigured driving range from two-way to a two level one-way driving range,

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• 3-level parking structure (591 stalls) with four tennis courts on the top level, and
• Clubhouse pool and related accessory features (21,000 sq. ft.).

Additional improvements include new connecting drive aisles/streets, surface parking areas, and landscaping. The project will also entail grading, recontouring of the golf course to accommodate a change in the flood plain easement of the site and reconfiguration of the drainage basin that serves College Park East.

Due to the scope of the project, the City has determined that an Environmental Impact Report (EIR) will be required as a part of project consideration. The City issued a Request for Proposals to obtain a qualified California Environmental Quality Act (CEQA) consultant to perform the work. Psomas was the only responding firm. Psomas is a highly qualified consulting firm, with all necessary expertise to perform the requisite analysis and meet or exceed CEQA standards.

Their proposal is included within Attachment B, and outlines the development of a Program EIR that will evaluate air quality, biological resources, cultural resources, greenhouse gas, transportation, and hydrology among other topics. Technical studies will be drafted experts in the various fields as warranted. The project applicant will be separately contracting certain technical studies by qualified experts, and these studies will be reviewed and evaluated by the Psomas team.

Public engagement will include a scoping meeting at the beginning of the process, as well as public review of the Draft and Final Program EIR when available.

Psomas will present to the City’s Environmental Quality Control Board when the Draft Program EIR is available.

Approval of this Professional Services Agreement does not constitute an approval of the proposed project. Rather, this EIR is necessary to gather relevant information in order for the Planning Commission and City Council to consider the proposed project. While the City is the contracting entity for this work, all costs will be paid by the project applicant through a reimbursement agreement between the developer and the City. The EIR is expected to take 12 months to complete.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of this Professional Services Agreement with Psomas will not have a significant effect on the environment.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved as to form.

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FINANCIAL IMPACT:

The Professional Services Agreement is in the amount of $238,393, and the authorizing Resolution gives the City Manager the authority to grant contingency spending of up to 15 percent, if needed. All costs will be paid by Old Ranch Development, LLC, the project applicant, through a reimbursement agreement.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

That the City Council approve Resolution 7318:

1. Approving the Professional Services Agreement with Psomas; and,

2. Authorizing the City Manager to execute the Agreement.

SUBMITTED BY: NOTED AND APPROVED:

Alexa Smittle Jill R. Ingram
Alexa Smittle, Community
Development Director
Jill R. Ingram, City Manager
ATTACHMENTS:

A. Resolution 7318
B. Professional Services Agreement with Psomas
C. Reimbursement Agreement
RESOLUTION 7318

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A

PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS FOR A

PROGRAM ENVIRONMENTAL IMPACT REPORT
WHEREAS, the City of Seal Beach (City) has determined that an Environmental Impact Report (EIR) must be completed as a part of a development proposal for the property known as the Old Ranch Country Club; and
WHEREAS, the City issued a Request for Proposals to obtain a qualified consultant to develop the EIR, and received one proposal; and
WHEREAS, the City desires to enter into an agreement with the proposer Psomas (Consultant) to conduct and complete a Program EIR; and, WHEREAS, Consultant is a highly qualified consulting firm, specializing in environmental analyses and will serve the needs of the City; and,
WHEREAS, City and Consultant wish to enter into this Agreement for Consultant to provide Environmental Impact Reports, with compensation not to exceed the amount of $238,393, as provided herein.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:

Section 1. The City Council hereby approves the Professional Services Agreement with Psomas as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as through set forth in full, with a two-year term extending from August 1, 2022 through July 31, 2024, and providing Psomas compensation for the term an amount not to exceed $238,393.

Section 2. The Council hereby directs the City Manager to execute the Agreement on behalf of the City.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of July, 2022 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Joe Kalmick, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7318 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of July, 2022.

Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
for
Environmental Impact Report
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Psomas
5 Hutton Centre Drive
Suite 300
Santa Ana, CA 92707
This Professional Service Agreement (“the Agreement”) is made as of July 25, 2022 (the “Effective Date”), by and between Psomas (“Consultant”), a California corporation, and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”).

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RECITALS
A. City desires certain professional environmental consulting services for preparation of an Environmental Impact Report in accordance with the California Environmental Quality Act (CEQA) for a proposed development project located at the Old Ranch Country Club.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to engage Consultant to provide professional environmental consulting services in the manner set forth herein and more fully described in Section 1.0.

A. Consultant represents that the principal members of its firm are fully qualified by virtue of their training, experience, and expertise to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein.

NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.

AGREEMENT

1.0 Scope of Services

1.1 Consultant shall provide those environmental consulting services (collectively “Services”) for preparation of an Environmenal Impact Report and related CEQA documentation as set forth in Consultant’s Proposal dated April 25, 2022 attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control.

1.2 Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

1.3 In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law.

1.4 As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant’s staff, shall perform the Services in such manner.

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Consultant shall, at all times, meet or exceed any and all applicable professional standards of care.

1.5 Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions in an amount not to exceed fifteen percent (15%) of the contract price set forth in Section 3.1. Payment for additional work in excess of this amount requires prior City Council authorization.

2.0 Term
The term of this Agreement shall commence on August 1, 2022 and shall remain in full force and effect until July 31, 2024, unless sooner terminated as provided in Section 5.0 of this Agreement.

3.0 Consultant’s Compensation

3.1 City will pay Consultant in accordance with the hourly rate and fees shown on the fee schedule set forth in Exhibit A for all Services and expenses incurred in the performance of this Agreement, but in no event will the City pay more than the total not-to-exceed amount of $238,393 for the Term, except as otherwise authorized pursuant to Section 3.2 hereunder.

3.2 Any additional work authorized by the City pursuant to Section 1.6 will be compensated in accordance with the fee schedule set forth in Exhibit A.

4.0 Method of Payment

4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant.

4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultant’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement.

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5.0 Termination

5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination.

5.2. This Agreement may be terminated by City upon 10 days’ notice to Consultant if Consultant fails to provide reasonably satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.

6.0 Party Representatives

6.1. The City Manager is the City’s representative for purposes of this Agreement.

6.2. Jim Hunter is the Consultant's primary representative for purposes of this Agreement. Jim Hunter shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.

7.0 Notices

7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:

To City: City of Seal Beach
211 8th Street
Seal Beach, CA 90740
Attn: City Manager
To Consultant: Psomas
5 Hutton Centre Drive
Suite 300
Santa Ana, CA 92707
Attn: Jim Hunter

7.2 Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

8.0 Permits and Licenses
Consultant and all of Consultant’s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.

9.0 Independent Contractor

9.1 Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision, and Consultant and all of Consultant’s personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details by which Consultant’s personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

9.2 All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

9.3 Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of any Services under this Agreement and as required by law.

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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, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

10.0 PERS Compliance and Indemnification

10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law (“PERL”), commencing at Government Code § 20000, as amended by the Public Employees’ Pension Reform Act of 2013 (“PEPRA”),. and the regulations of PERS. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations.

10.2 Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 9.0. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement.

11.0 Confidentiality

11.1. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information (collectively “Data & Documents”) developed or received by Consultant or provided for performance of this Agreement are deemed

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confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.

11.2 Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

11.3 Consultant’s covenants under this Section shall survive the termination or expiration of this Agreement.

12.0 Ownership of Documents and Work Product

12.1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City.

All Data & Documents shall be considered “works made for hire,” and all Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents.

12.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one.

12.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce

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the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement.

12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City.

If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.

13.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors.

14.0 Prohibition Against Assignment or Delegation
Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

15.0 Inspection and Audit of Records

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Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith.

All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City’s rights under this Section 13.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

16.0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable local, state and federal laws, industry safety orders and/or health orders. Consultant’s obligations shall include but are not limited to, the requirement to comply with all applicable COVID-19 social distancing requirements, daily monitoring and recordkeeping requirements when Consultant’s employees come onsite, and other applicable provisions of any applicable industry safety standards and/or health orders issued by the County of Orange, City of Seal Beach, and/or any other federal, state or local agency with jurisdiction over the City and/or Consultant, during Consultant’s performance of the Project. The City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain its work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Consultant.

17.0 Insurance

17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section.

17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or

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damages to property that may arise from or in connection with the performance of this Agreement, as follows:

17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds;

17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage.

Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);

17.2.3. Workers’ Compensation Insurance in the amount required by law; and Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease;

17.2.4. Professional Liability (or Errors and Omissions) Liability, within minimum limits of $1,000,000 per claim/aggregate. If a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.

17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

17.4. Additional Insured.

17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work.

17.4.2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible.

17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies.

17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City, ten (10) days if cancellation is due to non-payment of premium; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials;

17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects the City, its elected officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it;

17.7. Separation of Insureds. All insurance required by this Section (except workers’ compensation and professional liability) shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials.

17.8. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer’s right of subrogation against City and

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its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City.

17.10. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

17.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.

17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 18.0.

17.13. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

17.14. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.

18.0 Indemnification, Hold Harmless, and Duty to Defend

18.1. Indemnity for Design Professional Services.

18.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify and hold harmless City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 18.0), from and against any and all third-party damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of reasonable attorneys' fees and costs of defense (collectively "Claims"), in law or in equity, to the extent caused by, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, directors, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code § 2782.8(c). Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant’s proportionate percentage of fault.

18.1.2. Consultant shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.

18.2. Other Indemnitees.

18.2.1 Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all third-party damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, to the extent caused by the negligent or reckless acts or omissions of Consultant, its officers, directors, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities, and shall pay all costs and expenses, including all reasonable attorneys’

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fees and experts’ costs actually incurred in connection with such defense.

Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18.2.2 Consultant shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.

18.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, to the extent caused by the negligent or reckless acts or omissions of, its officers, directors, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or the legal liability thereof) in the performance of this Agreement, except for Claims or Liabilities arising from the active negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

18.4. Workers’ Compensation Acts Not Limiting. Consultant’s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials.

18.5. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees.

18.6. Survival of Terms. Consultant’s covenants under this Section 18.0 shall survive the expiration or termination of this Agreement.

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19.0 Non-Discrimination Equal Employment Opportunity
Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law.

20.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.

21.0 Prevailing Wage and Payroll Records
If this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein.

22.0 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.

23.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

24.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in

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interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.

25.0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.

26.0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

27.0 Prohibited Interests; Conflict of Interest

27.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services.

Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.

27.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.

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27.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section.

28.0 Final Payment Acceptance Constitutes Release
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

29.0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

30.0 Non-Appropriation of Funds
Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

31.0 Mutual Cooperation

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31.1. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.

31.2. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

32.0 Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

33.0 Attorneys' Fees
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith.

34.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

35.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement.

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IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.

CITY OF SEAL BEACH
By: _________________________
Jill R. Ingram, City Manager
Attest:

By: _________________________
Gloria D. Harper, City Clerk
Approved as to Form:

By: _________________________
Craig A. Steele, City Attorney
CONSULTANT: Psomas, a California
corporation
By: __________________________
Name:_
Its:

By: __________________________
Name:___
Its:
(Please note, two signatures required
for corporations pursuant to
California Corporations Code
Section 313 from each of the
following categories: (i) the chairperson
of the board, the president or any vice
president, and (ii) the secretary, any
assistant secretary, the chief
financial officer or any assistant treasurer
of such corporation.)

EXHIBIT A
CONSULTANT’S PROPOSAL DATED APRIL 24, 2022
(Attached)

OLD RANCH COUNTRY CLUB

SPECIFIC PLAN EIR
City of Seal Beach
Submitted To:

City Clerk’s Office
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Proposal | 04.25.2022
Balancing the Natural and Built Environment
5 Hutton Centre Drive
Suite 300
Santa Ana, CA 92707
Tel 714.751.7373
www.Psomas.com
April 25, 2022
Art Bashmakian, AICP [email protected]
Project Manager

CITY OF SEAL BEACH
Community Development Department
211 8th Street
Seal Beach, CA 90740
Subject:Proposal for the Preparation of an Environmental Impact Report (EIR) Dear Mr. Bashmakian:

Psomas is in receipt of the City of Seal Beach’s (City’s) Request for Proposal (RFP) for preparation of an Environmental Impact Report (EIR) for the proposed Old Ranch Country Club Specific Plan (Project or proposed Project). Psomas has reviewed the RFP and has prepared the attached proposal for your consideration.

Dedicated to balancing the natural and built environments, Psomas serves public and private clients in markets which include site development, transportation, water, and energy, with the following core services offered:
f Environmental Services
f Civil Engineering
f Construction Management
f Land Surveying and GIS
The cornerstone of our business approach is to focus on our clients’ long-term needs and to provide quality service and guidance to meet those needs. Our key attribute is our multidisciplinary team of experts. Psomas’ professional staff of industry leaders produces cost-effective and award-winning projects for our clients through a value-added approach, incorporating innovation, creativity, sustainability, and cutting-edge technical expertise.

The technical experts of the Psomas Environmental Planning and Resource Management Team have successfully provided California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documentation to public and private sector clients. Psomas’ experience in preparing CEQA and NEPA documentation ranges from straightforward categorical exemptions (CEs) to complex Environmental Impact Reports (EIRs) for large, controversial projects. Psomas provides strategic consulting to clients based on their project needs. In addition, our services include the preparation and peer review of documents in the following topical areas:
f Air Quality Analyses, Greenhouse Gas (GHG) Emissions, and Health Risk Assessments f Energy Analysis
f Noise and Vibration Technical Studies
f Cultural Resources and Paleontological Resources
Balancing the Natural and Built Environment
f Tribal Cultural Resources Assessments and AB 52 and SB 18 Consultation f Biological Resources Technical Studies and Arborist Surveys f Regulatory Permitting and Resource Agency Jurisdictional Delineations f Geographic Information Systems (GIS) Services
f Shade and Shadow Analysis
f Civil Engineering, Utility Capacity Studies, Hydrology and Drainage Analyses f Transportation/Traffic Engineering and Parking Studies f Scoping Meeting and Community Meeting Facilitation
From our experience with numerous redevelopment, infill and major land development projects for cities and regional agencies throughout Southern California, we have learned the most important attributes a consultant can offer a lead agency are experience, responsiveness, and flexibility. As your consultant, we will act as an extension of your staff and, thus, it is important to be sensitive to community concerns and knowledgeable of the local regulations and City policies. When you select the Psomas Team, you can expect the following benefits:

Experienced Project Manager. Much of the responsibility for the success of the environmental process depends on the Project Manager’s ability to engender the confidence of the City by providing consistently dependable, accurate, and responsive client service. Alia Hokuki, AICP, a Senior Project Manager, will serve as the main point of contact to the City and Project Team and the day-to-day Project Manager with the responsibility of ensuring work is in compliance with CEQA, on schedule, within budget, and to the satisfaction of the City, the Applicant, and the Project Team. Alia’s expertise and experience includes managing a variety of project types, including residential, assisted and senior living, mixed-use, institutional (healthcare and education), commercial, and infrastructure projects. She has led teams on numerous land development infill/redevelopment projects in coastal cities of Southern California. She has worked on multiple CEQA documents for Specific Plans; her most recent relevant experience includes the Harbor Pointe Senior Living Project EIR for the City of Newport Beach, the West Alton Project EIR (residential with affordable units and senior apartments as an alternative) for the County of Orange, the Magnolia Tank Farm Specific Plan Program EIR for the City of Huntington Beach, and leading preparation of technical studies for assisted living projects for Oakmont Senior Living client. Jim Hunter, will be the Principal-in-Charge for the proposed Project. Jim has 35 years of experience providing strategic land use entitlement, environmental, and regulatory compliance services to private industry, municipal, and utility clients in Southern California.

Responsive Staff. Alia will be supported by a team of highly skilled environmental planners and technical specialists who are experts in their respective fields and will provide project solutions for the City. The Psomas Team is well rounded and ready to provide the City with high quality environmental and planning services. The Psomas Team has a broad range of expertise and a deep bench of technical staff who can be assigned to the project, as needed.

We understand the Applicant has prepared multiple technical studies/reports, including Biological Resources, Arborist (assessment of Eucalyptus Windows), Geotechnical, Hydrology, Water Quality Management Plan (WQMP), and a Traffic Study, which will be peer reviewed by our technical staff and used in preparing the EIR document.

Art Bashmakian, AICP
April 25, 2022

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Balancing the Natural and Built Environment
Art Bashmakian, AICP
April 25, 2022

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We appreciate the opportunity to propose on this interesting and important project, and we look forward to collaborating with the City and the Applicant on a successful CEQA EIR process. As a Vice President, Jim Hunter, is authorized to sign the City of Seal Beach’s Professional Services Agreement for Psomas.

As Project Manager for this contract, Alia will be the primary contact person responsible for day-to-day management for the environmental services pursuant to the City’s RFP. Please contact Alia by phone at 714.481.8065 or by email at [email protected] should you have any questions or require additional information.

Sincerely,
Jim Hunter Alia Hokuki, AICP
Vice President Senior Project Manager

TABLE OF CONTENTS
01 Project Team
Project Team 1
Organizational Chart 2
Resumes 3
02 Statements
Overview Problem/Tasks 15
General Approach 17
Work Plan 20
Project Schedule 34
Relevant Projects and References 36
EIR Examples Submitted separately
03 Cost
Submitted in a separate, sealed envelope
1 PROJECT TEAM
Section 1
Psomas Project Team
Much of the responsibility for success of the CEQA process depends on the Project Manager’s ability to engender the confidence of our clients by providing consistently dependable, accurate, and responsive client service. To meet the expectations of the City of Seal Beach and the needs of the Project, Psomas has assembled a highly qualified team, led by Alia Hokuki, AICP, as Project Manager, who will provide high quality and legallydefensible environmental documentation in compliance with CEQA, on schedule, within budget, and to the satisfaction of the City and the Project Applicant. Alia will be supported by Jim Hunter, as Principal-in-Charge. Alia Hokuki and Jim Hunter are committed to providing client-centered services that can streamline the project development process while offering creative solutions.

In staffing our team, we have assigned highly qualified technical experts and experienced environmental planning staff who have proven track records in successfully delivering environmental impact analyses, associated technical studies, and related services. All key team members shown on the Organization Chart are assigned for the duration of this contract.

Alia Hokuki, AICP | Project Manager and
Primary Contact
Alia Hokuki, AICP, is a Senior Project Manager with 26 years of experience in the environmental and policy planning field with a focus on environmental impact assessments for public and private sector clients. Alia’s project experience is diverse, with a strength in land use and land development. In the last five years, her focus has been on land development projects, including a program EIR for the Magnolia Tank Farm Specific Plan Project and an IS/ MND for Gisler Residential Project in the City of Huntington Beach; an EIR for the Harbor Pointe Senior Living Project and an Addendum for the Ritz-Carlton Residences Project in the City of Newport Beach; an IS/ND for the Street Lights Fullerton Project in the City of Fullerton; a project EIR for the West Alton Parcel Development Plan, in the County of Orange within the City of Irvine, and an IS/MND for Walnut Grove Specific Plan Project in the City of West Covina. Alia’s work over the past several years has spanned multiple agencies and she has managed several environmental projects in Orange and Los Angeles counties.

Alia will be the day-to-day Project Manager and primary contact. She will coordinate with the City, the Applicant, and Project Team (as approved by the City) with the responsibility to ensure the work is completed on time and within budget. Alia will facilitate communication with the City’s Project Manager, Project Team, and applicable agencies, as appropriate. She will oversee preparation of the EIR and will prepare critical sections of the document. Alia will attend all project meetings as well as public hearings.

Psomas engenders
the confidence of our
clients by providing
consistently
dependable, accurate,
and responsive
client service.
2 Art Bashmakian, AICP
Senior Planner

CITY OF SEAL BEACH
Jim Hunter * PSOMAS

PRINCIPAL-IN-CHARGE
Alia Hokuki, AICP * PSOMAS

PROJECT MANAGER/

PRIMARY CONTACT
Megan Larum *
Assistant Project Manager
Sean Noonan, AICP
Senior Environmental Planner
Jillian Neary
Senior Environmental Planner
Janet Powell
Environmental Analyst
PSOMAS

CEQA (EIR)

DOCUMENTATION
GIS
Michael Deseo
Senior GIS Specialist
Jennie Ramirez
GIS Specialist
PSOMAS
Tin Cheung *
Air Quality, GHG, and Noise
Manager
PSOMAS

AIR QUALITY/GHG/NOISE
Charles Cisneros, MS, RPA *
Senior Archaeologist
Megan Larum
Cultural Resources Analyst
PSOMAS

CULTURAL RESOURCES
Steve Norton *
Senior Biologist
PSOMAS

BIOLOGICAL RESOURCES
Organization Chart
Psomas recognizes that the success of a project depends heavily on staff capabilities, effective project management, and communication. We assure you that the appropriate talent and physical resources are committed to every project. The resumes of Psomas’ key personnel are presented on the following pages. * Key Staff
3 Alia Hokuki, AICP *
Project Manager
Alia Hokuki, AICP, serves as a Senior Project Manager of Environmental Planning projects. She has 26 years of experience in environmental and policy planning field with a focus on environmental impact assessments for public and private sector clients. Alia’s expertise includes the preparation and management of environmental compliance documents pursuant to CEQA and NEPA. She has managed a variety of projects, including high density residential; senior living facilities; mixed-use; urban infill and redevelopment; commercial and retail developments; institutional (education and healthcare); and infrastructure projects. She has extensive knowledge of CEQA, NEPA, and planning and zoning law.

Experience
Harbor Pointe Senior Living Project Environmental Impact Report – Newport Beach, CA: Project Manager for preparation of an EIR for the Harbor Pointe Senior Living Project, which will consist of demolition of an existing 8,800 SF restaurant, and development of a three-story, approximately 85,000 SF assisted living facility (101 assisted living and congregate care units), associated ancillary uses, and subsurface parking. Key issues were the massing of the building; compatibility with surrounding land uses; aesthetics, including shade and shadow; and construction noise. Addressing community concerns was also a key element of the project.

Magnolia Tank Farm Specific Plan Program Environmental Impact Report – Huntington Beach, CA: Project Manager for the redevelopment of a 29-acre site (within the coastal zone) with a mixed-use development consisting of a 230,000-SF lodge that includes a maximum of 175 guest rooms and guesthouse-style, budget-oriented, family/group overnight accommodations with 40 beds, and ancillary resident- and visitor-serving retail and dining; up to 250-unit for-sale residential village; 2.8 acres of Coastal Conservation area adjacent to Magnolia Marsh; and 2.6 acres of park. In addition, the Specific Plan designates the area adjacent to Magnolia Street as Open Space Park along the project site’s entire eastern boundary.

Gisler Residential Project IS/MND – Huntington Beach, CA: Project Manager for this project which involves construction of an 85-unit singlefamily detached residential development on an approximately 13.9-acre site with a density of 6.1 dwelling units per gross acre. The site is located at 21141 Strathmoor Lane and is surrounded by single-family residential to the north, east and west, and Gisler Park to the south. The Project site is currently developed with a school campus and associated site improvements, which would be demolished to accommodate the Project. Duties included main contact for the City, providing consultation on approach and strategy, author of critical sections of the IS/MND, providing QA/QC, coordinating with project team, managing contract and invoicing.

West Alton Parcel Development Plan EIR – Irvine, CA: Project Manager for the West Alton Parcel Development Plan Project located in the City of Irvine.

The project proposes development of multi-family residential units across

EDUCATION
1996/Masters of Urban
Planning//University of
California, Irvine
1991/BA/Development
Studies/University of
California, Los Angeles

CERTIFICATIONS
American Institute of
Certified Planners/No.
112796/American Planning
Association/112796

PROFESSIONAL

AFFILIATIONS
American Planning
Association
Association of
Environmental
Professionals
Society of American
Military Engineers
FuturePort

EXPERIENCE
With Psomas for 8 years;
with other firms for 18 years
4 Alia Hokuki, AICP
(Continued)
two Planning Areas, separated by the West Alton Wildlife Movement Corridor, with an average density of 30 dwelling units per acre. Each Planning Area will include opportunities for future residential uses. The project will require approvals by the County of Orange, as the CEQA lead agency, as well as a General Plan Amendment and Zone Change through the City of Irvine
Street Lights Fullerton Project IS/ND – City of Fullerton, CA: Project Manager for an IS/ND for the proposed Street Lights Fullerton Project, located at 229 East Orangethorpe Avenue, within an existing shopping center (Fullerton Town Center), in the City of Fullerton. The Project involves construction of an in-fill mixed-use Project consisting of a 329-unit, five-story residential building wrapping a 560-space six-story parking structure; approximately 6,500 SF of retail on the ground floor; approximately 80,500 SF of open space including three outdoor courtyards, a pool, and outdoor gathering spaces on an approximately 4.47-acre site. The existing commercial/retail uses and associated surface parking lots would be demolished to accommodate the proposed Project.

Addendum to the Queen of the Valley Hospital Specific Plan Program EIR: Phase 1- Medical Office Building, Parking Structure, Emergency Department/Intensive Care Unit – West Covina, CA: Project Manager for the addendum to the final PEIR. The project implements Phase 1 expansion of the Hospital. Phase 1 includes a 58,868-SF MOB; a 4-level, 398-sapce parking structure; and a 2-story, 58,901-SF ED/ICU and associated 235 on-site parking spaces to accommodate the patients’ visitors.

Cohen Property Specific Plan Initial Study/Mitigated Negative Declaration – Orange, CA: Project Manager for the preparation of an IS/MND for a residential project that involves demolition of the existing shopping center, surface parking, and site improvements and construction of 32 single-family detached, two story dwelling units; internal drive aisles; and common open space areas on the 2.9-acre site. The project would provide 19,535 SF of common open space (17,972 SF of landscaping and 1,563 SF of open space at the center of the site) and 22,090 SF of allowable private open space for a total of 41,625 SF of usable open space.

El Toro, 100-Acre Parcel Development Plan Program Environmental Impact Report – Irvine, CA: Project Manager for this project located in the City of Irvine at the southern edge of the former Marine Corps Air Station El Toro adjacent to the Orange County Great Park. The project proposes a mixed-use, low-impact development, which proposes 2,103 residential units, 1.8 MSF of office uses, 220,000 SF of retail, and a 242-room hotel. The project will maximize the benefit from its proximity to the Irvine Station, which includes a Metrolink Station and bus facilities.

The project will require approvals by the County of Orange as the CEQA lead agency.

In addition, the City of Irvine may consider a General Plan Amendment and Zone Change.

Walnut Grove Specific Plan IS/MND – West Covina, CA: Project Manager for the preparation of an IS/MND for a residential project that involves demolition of the existing vacant school and associated improvements and construction of a 158-unit development on an approximately 9.14-acre site. The project consists of two different types of residences: 66 units of detached single-family in a cluster configuration and 92 attached multi-family units. The project also provides a 0.27-acre neighborhood park use and open space amenities including bench seating areas and trash receptacles; picnic areas; children’s tot-lot area; open turf area; and connecting walkways.
5 Jim Hunter *
Principal-in-Charge
Jim Hunter has 36 years of experience providing strategic land use entitlement, environmental, and regulatory compliance to regional infrastructure, municipal agency, and utility clients across Southern California. He has managed the growth of consulting offices of engineers, planners, and scientists to deliver seamless client-centric solutions. Key experiences include leading high performing teams in the areas of CEQA and NEPA review and permitting; preconstruction planning; and construction compliance monitoring for major land development and capital infrastructure across Southern California. His experience includes Principal-in-Charge and Contract Manager for multiple On-Call contracts including Los Angeles County Public Works Water Resources Branch, Metropolitan Water District of Southern California Planning Services, and project specific work for a variety of complex projects.

Experience
Ranch Hills Community Environmental Impact Report – Orange County, CA: Principal-in-Charge and Project Manager for the preparation of an EIR for the project located on County of Orange property. The Project proposes a Zone Change, Use Permit, and Vesting Tentative Tract Map to allow the replacement of the existing private recreational club that was established in 1958 with the development of 17 buildings, consisting of 34 single-family townhome units and 3 single-family detached units.

University of California, Riverside, On-Call Non-Project Specific Environmental Consulting Services – Riverside, CA: Contract Manager for Psomas’ on-call contract with the University of California, Riverside for environmental consulting services. Recent work includes regulatory services for the Botanic Garden Basin Maintenance Project, tree surveys, and the Student Success Center IS/MND.

University of California, Los Angeles Capital Programs On-Call Contracts 2015 to 2020 – Los Angeles, CA: Contract Manager for the current On-Call Contract through March 2020 with the University of California, Los Angeles for environmental services for Capital Programs improvements.

Current Psomas work includes pre-construction nesting bird and raptor surveys for the Southwest Campus Apartments and Hilgard Faculty Housing IS/MND.

North Business Park Specific Plan Environmental Impact Report – Westlake, CA: Team Leader for the Program EIR for the proposed North Business Park Specific Plan. The proposed Specific Plan would promote the revitalization of underutilized properties and the intensification and adaptive reuse of existing developments within a 200-acre planning area north of the Ventura Freeway, west of Lindero Canyon Road, and south of Thousand Oaks Boulevard. The Specific Plan proposes mixed use developments in three districts, two business park districts, two design districts, and an office district

EDUCATION
1984/BS/Environmental
Planning and Management/
University of California,
Davis

PROFESSIONAL

AFFILIATIONS
Association of
Environmental
Professionals

EXPERIENCE
With Psomas for 6 years;
with other firms for 30
years
6 Megan Larum *
Assistant Project Manager
Megan Larum is an Assistant Project Manager with 12 years of experience in environmental documentation and analysis consistent with CEQA and NEPA. She has experience in cultural resources management and has participated in Native American Heritage Commission (NAHC) requests, records searches, and Phase I Cultural Resources Assessments.

Experience
Harbor Pointe Senior Living Project Environmental Impact Report – Newport Beach, CA: Environmental Planner for preparation of an EIR for the Harbor Pointe Senior Living Project, which will consist of demolition of an existing 8,800 SF restaurant, and development of a three-story, approximately 85,000 SF assisted living facility (101 assisted living and congregate care units), associated ancillary uses, and subsurface parking. Key issues were the massing of the building; compatibility with surrounding land uses; aesthetics, including shade and shadow; and construction noise. Addressing community concerns was also a key element of the project.

Gisler Residential Project IS/MND – Huntington Beach, CA: Environmental Planner for this project which involves construction of an 85-unit single-family detached residential development on an approximately 13.9-acre site with a density of 6.1 dwelling units per gross acre. The site is located at 21141 Strathmoor Lane and is surrounded by single-family residential to the north, east and west, and Gisler Park to the south. The Project site is currently developed with a school campus and associated site improvements, which would be demolished to accommodate the Project. Duties included main contact for the City, providing consultation on approach and strategy, author of critical sections of the IS/MND, providing QA/QC, coordinating with project team, managing contract and invoicing.

The Affinity Project – Pasadena, CA: Environmental Planner for this project, which involves demolishing six of nine existing structures and redeveloping the

3.3-acre project site located between 465 and 557 South Arroyo Parkway. An existing Whole Foods grocery store and two historic structures on the site would be retained and integrated into the project. The project consists of a 147,500-SF, seven-story medical office building with ground floor commercial uses; and a 184-500-SF, eightstory assisted living facility that also includes 90 independent living units. Five levels of subterranean parking would be constructed.

Street Lights Fullerton Development IS/MND – Fullerton, CA: Environmental Planner for an IS/MND for the proposed Street Lights Fullerton Project, located at 229 East Orangethorpe Avenue, within an existing shopping center (Fullerton Town Center), in the City of Fullerton. The Project involves construction of an in-fill mixed-use Project consisting of a 329-unit, 5-story residential building wrapping a 560-space 6-story parking structure; approximately 6,500 SF of retail on the ground floor; approximately 80,500 SF of open space including 3 outdoor courtyards, a pool, and outdoor gathering spaces on an approximately 4.47-acre site. The existing commercial/retail uses and associated surface parking lots would be demolished to accommodate the proposed Project. Among other discretionary actions, a General Plan Amendment and a Zone Change to allow for the mixed-use nature of the Project, are required.

EDUCATION
2006/BS/Environmental
Policy Analysis and
Planning/University of
California, Davis

PROFESSIONAL

AFFILIATIONS
Association of
Environmental
Professionals

EXPERIENCE
With Psomas for 10 years;
with other firms for 2 years
7 Sean Noonan, AICP
Senior Environmental Planner
Sean Noonan has 11 years of environmental planning experience and has managed the CEQA, NEPA, and regulatory permitting processes for numerous roadways, highways, residential, commercial, and industrial projects throughout California. Sean has served as Environmental Project Manager for several projects, charged with developing technical studies, writing CEQA and NEPA environmental documents, processing projects through Caltrans Local Assistance and Division of Environmental Planning, obtaining regulatory permits, and maintaining environmental compliance through final design and project construction.

Experience
North Business Park Specific Plan Environmental Impact Report – Westlake, CA: Environmental Planner for the Program EIR for the proposed North Business Park Specific Plan. The Specific Plan would promote the revitalization of underutilized properties and the intensification and adaptive reuse of existing developments within a 200-acre planning area north of Interstate 101. The Specific Plan proposes mixed use developments in three districts, two business park districts, two design districts, and an office district that would accommodate the development of 1,017 new dwelling units and over

1. 6 million square feet of existing and future non-residential uses within a 129-acre Focus Area, along with infrastructure improvements throughout the planning area.

Carlsbad Veterans Park, Master Planning and Environmental Permitting Phase – Carlsbad, CA: Environmental Planner for providing professional services for new 91.5-acre park. The developable area of the site was only 48 acres due to the presence of native vegetation preserves. The program for the project included active and passive recreation amenities, an open space interpretive area, public art, trails, utilities, parking, restrooms, and maintenance facilities. Psomas provided civil engineering, environmental, and surveying services for the Project Master Planning Phase and environmental permitting to result in final design concepts. More specifically, civil engineering master planning support services included development of project constraints, concept grading and utilities plans, CEQA level hydrology and stormwater management reports, traffic impact analysis, and hillside management plans.

Huntington Plaza Mixed-Use Project – Arcadia, CA: Environmental Planner for this project, which consists of 139 residential units and 10,200 SF of groundfloor commercial uses. Given the location of this project in downtown Arcadia, this project involved a high level of coordination with the City and Applicant to develop a comprehensive description of how the project would be constructed, including details such as staging, contractor parking, excavation and temporary shoring methods, and utility relocation. Psomas also prepared technical analyses in support of this project.

EDUCATION
2014/MS/Urban and
Regional Planning/
California State Polytechnic
University, Pomona
2011/MA/Geography/
California State University,
Fullerton
2006/BA/History/University
of California, Santa Barbara

CERTIFICATIONS
American Institute of
Certified Planners/
American Planning
Association/027853

PROFESSIONAL

AFFILIATIONS
American Institute of
Certified Planners
American Planning
Association
Association of
Environmental
Professionals

EXPERIENCE
With Psomas for 3 years;
with other firms for 8 years
8 Jillian Neary
Senior Environmental Planner
Jillian Neary is a Project Manager with 23 years of experience in environmental analysis and land use investigation, including 20 years in the preparation of environmental compliance documents pursuant to CEQA, NEPA, and associated State and federal regulations. She has completed documentation for both private- and public-sector clients throughout Southern California and on a wide range of projects, including tract map and master planned communities, infill development and redevelopment, General Plan updates, commercial and industrial developments, recreation projects, and flood control and water supply projects.

Experience
South Pasadena General Plan/Downtown Specific Plan Update & 2021- 2029 Housing Element Program (EIR) – South Pasadena, CA: Project Manager for this Program EIR which involves a comprehensive update to both the 1998 South Pasadena General Plan and the 1996 Mission Street Specific Plan (MSSP). The proposed General Plan Update will serve as a long-term policy guide for decision-making regarding the appropriate physical development, resource conservation, and character of the City and establishes an overall development capacity for the City through the year 2040.

Integra Perris Distribution Center EIR – Perris, CA: Environmental Planner for the preparation of an Addendum for this project, which involves the expansion of the Integra Perris Distribution Center (IPDC) to include an approximately 10.2-acre parcel located immediately southwest of the IPDC site. The expansion would allow for the construction of a 273,000-square-foot warehouse building, attached to the west end of the existing IPDC building.

University of California, Riverside, Student Recreation Center Expansion Project IS/MND – Riverside, CA: Assistant Project Manager for this project, which involved a new 71,147-gross-square-foot Student Recreation Center building and partial renovation of an existing Student Recreation Center building. Additionally, the IS/ND addressed improvements to the outdoor Recreation Complex, including construction of an outdoor swimming pool/spa and deck area, a new sand volleyball court, and new tennis courts. Jillian served as the primary author of the IS/MND, performed site reconnaissance, and prepared all required notices and the Final MND.

City of Rancho Cucamonga General Plan Update Program
Environmental Impact Report – Rancho Cucamonga, CA: Environmental Planner for this project, which involved an update to the 2001 General Plan, providing guidance for future development in the City of Rancho Cucamonga and its Sphere of Influence over the next 15 to 20 years. Adoption of the proposed General Plan Update allows for an increase in development potential throughout the City and the addition of transit-supported, mixed-use development along the City’s main transportation corridors. Jillian prepared the hydrology, climate change, air quality, and utilities analyses, including outreach to affected utility agencies.

EDUCATION
1997/BA/Geology/Indiana
University-Purdue
University, Indianapolis, IN

CERTIFICATIONS
Certificate of Completion
for LEED for New
Construction Technical
Review Workshop/U.S.

Green Building Council/
Certificate of Completion
for Low Impact
Development Seminar/
American Council of
Engineering Companies/

EXPERIENCE
With Psomas for 17 years;
with other firms for 6 years
9 Janet Powell
Environmental Analyst
Janet Powell has 12 years of experience with Psomas’ Environmental Services Group in various roles including environmental analyst, project coordinator, technical editor, and environmental proposal writer/marketer. Janet has earned a California Environmental Quality Act (CEQA) Practice Certification from the University of California, San Diego, and has extensive knowledge of CEQA and regulatory requirements. In her role as an environmental analyst, she has worked on a variety of project types including residential, healthcare mixeduse, commercial, infrastructure (public works), and transportation.

Experience
Gisler Residential Project IS/MND – Huntington Beach, CA: Environmental Analyst for the Gisler Residential Project IS/MND. The Project involves construction of an 85-unit single-family detached residential development on an approximately 13.9-acre site with a density of 6.1 dwelling units per gross acre. The site is located at 21141 Strathmoor Lane and is surrounded by singlefamily residential to the north, east and west, and Gisler Park to the south. The Project site is currently developed with a school campus and associated site improvements, which would be demolished to accommodate the Project. Janet prepared Agriculture and Forestry Resources; Hydrology and Water Quality; Mineral Resources; Recreation, Public Services, and Wildfire.

Stanton Town Center Specific Plan IS/MND – Stanton, CA: Environmental Analyst for an IS/MND for the City of Stanton as a subconsultant to KTGY. The City envisions an updated Specific Plan with a concept to identify potential development opportunities in light of the needs of the community. As part of the plan, the goal is to improve and maintain existing commercial and industrial areas, enhance Beach Boulevard, redevelop the City’s Main Street, and allow for commercial/retail, mixed-use, and residential projects that would provide approximately 1,500 new single- and multi-family units. Janet prepared Agriculture and Forestry Resources; Biological Resources; Geology and Soils, Hydrology and Water Quality; Mineral Resources; Public Services; Recreation; and Utilities and Service Systems.

Street Lights Fullerton Development IS/MND – Fullerton, CA:

Environmental Analyst for an IS/MND for the proposed Street Lights Fullerton Project, located at 229 East Orangethorpe Avenue, within an existing shopping center (Fullerton Town Center), in the City of Fullerton. The Project involves construction of an in-fill mixed-use Project consisting of a 329-unit, fivestory residential building wrapping a 560-space six-story parking structure; approximately 6,500 SF of retail on the ground floor; approximately 80,500 SF of open space including three outdoor courtyards, a pool, and outdoor gathering spaces on an approximately 4.47-acre site. The existing commercial/retail uses and associated surface parking lots would be demolished to accommodate the proposed Project.

EDUCATION
1984/BA/Economics/
Syracuse University

CERTIFICATIONS
California Environmental
Quality Act (CEQA) Practice
Certification/University of
California, San Diego/
Certified Professional
Services Marketer/Society
for Marketing Professional
Services/

PROFESSIONAL

AFFILIATIONS
Association for
Environmental
Professionals, Orange
County (OCAEP)

TRAINING
AEP Essentials
Workshop Association
for Environmental
Professionals

EXPERIENCE
With Psomas for 12 years;
with other firms for 0 years
10 Tin Cheung *
Air Quality, CHG, and Noise Manager
Tin Cheung has 28 years of experience conducting air quality, climate change, noise, and vibration studies for CEQA and NEPA compliance. His experience includes preparing air pollutant emissions inventories, dispersion modeling, climate change, and health risk assessments using a variety of computer data models. He is also proficient in conducting noise and vibration studies for stationary and mobile sources. His project experience includes analyses of large-scale infrastructure, residential, commercial, industrial, educational, energy, and recreational uses. He has extensive knowledge of impact assessment methods established by USEPA, the California Air Resources Board (CARB), and local air quality management districts. Tin has also performed third-party reviews for technical adequacy and CEQA compliance in support of legal efforts.

Experience
Eastern Municipal Water District, Murrieta Road Transmission Pipeline Project Initial Study/Mitigated Negative Declaration – Menifee, CA: Air Quality and Noise Manager for the IS/MND to construct and operate a 36- to 42-inch-diameter water transmission line from the Perris II Desalter Complex (Desalter) in the City of Menifee approximately 1.33 miles south, mostly in the Murrieta Road right-of-way, to La Piedra Road, where the proposed pipeline will connect to an existing 36-inch-diameter water main in La Piedra Road.

Los Angeles International Airport Runway Safety Area Construction Emissions Analysis – Los Angeles County, CA: Air Quality Lead for this project. Tin was responsible for conducting the regional emissions inventory, localized criteria hotspot analysis, and HRA for 350 construction subphases related to Federal Aviation Administration (FAA) runway length requirements; runway repaving; and demolition/reconstruction of ground support equipment facilities.

University of California, Los Angeles, Long Range Development Plan Amendment (2017) and Student Housing Projects Subsequent EIR – Los Angeles, CA: Air Quality and Noise Manager for the preparation of the SEIR for UCLA’s LRDP Amendment and Student Housing Projects. The project involved an amendment to the existing LRDP, which would add 1,500,000 GSF designated for student housing to meet the housing guarantees identified in the Student Housing Master Plan 2016–2026.

Inglewood Oil Field Specific Plan Project Environmental Impact Report – Culver City, CA: Air Quality and Noise Manager for the preparation of an EIR for a Specific Plan that sets forth safeguards and regulations on oil and gas extraction activities in Culver City. The project site is adjacent to the Newport-Inglewood Fault and contains an Alquist-Priolo Fault splay. Up to 30 new wells would be allowed as well as associated storage tanks and pipelines, with requirements and restrictions to ensure the health and safety of the surrounding residential, recreational, and commercial land uses.

EDUCATION
1993/BA/Geography and
Environmental Studies/
University of California,
Santa Barbara

CERTIFICATIONS
Dust Control Supervisor/
South Coast Air Quality
Management District/
SC2102-010331-10351

PROFESSIONAL

AFFILIATIONS
Association of
Environmental
Professionals

EXPERIENCE
With Psomas for 5 years;
with other firms for 23
years
11 Charles Cisneros, MS, RPA *
Senior Archaeologist
Charles Cisneros is a registered professional archaeologist with 18 years of experience in archaeological assessment and field experience in California and Nevada. He has directed numerous field projects in support of compliance with the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), and Sections 106 and 110 of the National Historic Preservation Act (NHPA). Charles has managed a wide range of projects involving archaeological survey, testing, data recovery, monitoring, and laboratory analysis. His training and background meet the U.S. Secretary of the Interior's Professional Qualifications Standards for prehistoric and historic archaeology and he is a California Energy Commission approved archaeologist for desert archaeology.

Experience
Mt. San Antonio College, 2018 Educational and Facilities Master Plan Environmental Impact Report – Walnut, CA: Senior Archaeologist for implementation of the 2018 Educational and Facilities Master Plan, which serves as Mt. SAC’s long-range development plan, over a 10-year horizon period. The plan was evaluated in the EIR at a program level with the expectation that additional analyses may be required as specific projects are proposed. Charles was the cultural resources lead.

UCR Student Success Center Initial Study/Mitigated Negative Declaration – Riverside, CA: Senior Archaeologist for the preparation of an IS/MND’s Student Success Center, a new 3- to 4- story facility with a maximum building capacity of 80,000 gross square feet (GSF), and approximately 1,070 general assignment classroom seats. The IS/MND was tiered from UCR 2005 Long-Range Development Plan EIR and the 2005 Long-Range Development Plan Amendment 2 EIR. Charles Cisneros was responsible for task management and provided senior oversight and support to the IS/MND analysis for cultural resources.

Perris Circle Industrial Building 3 Project, Initial Study/Mitigated Negative Declaration – Perris, CA: Senior Archaeologist to support the IS/ MND for this project, that ties from the Perris Valley Commerce Center Specific Plan EIR. The project involves construction and operation of a 210,900-sf industrial warehouse, office uses, and employee recreational spaces on a 9.9- acre site. Charles prepared the Phase I Cultural and Paleontological Resource Inventory and led Native American outreach.

City of Los Angeles, Glendale-Hyperion Complex of Bridges Improvement Project – Los Angeles, CA: Senior Archaeologist for the Project Report and Plans, Specifications, and Estimate (PS&E) for rehabilitation of this complex of six bridges. Improvements include widening the Glendale Boulevard bridges; realigning the I-5 northbound off- and on-ramps and Los Angeles River bike path; adding a median barrier on the Hyperion Avenue Viaduct, traffic signals, utility relocation, drainage system improvements, and improving pedestrian facilities including the Red Car pedestrian bridge and the Sunnynook pedestrian loop trail.

EDUCATION
2008/MS/European
Archaeology/University
of Edinburgh, United
Kingdom
2004/BA/Anthropology/
California State University,
Los Angeles

CERTIFICATIONS
Registered Professional
Archaeologist/
Register of Professional
Archaeologists/1512280
Orange County Certified
Archaeologist/Orange
County
Riverside County Certified
Archaeologist/Riverside
County

EXPERIENCE
With Psomas for 5 years;
with other firms for 13 years
12 Steve Norton *
Senior Biologist
Steve Norton is a Senior Project Manager and Senior Biologist with 22 years of experience conducting biological studies on wildlife, plants, and ecological processes throughout California. His technical experience includes biological resource assessments, natural plant communities mapping, regional conservation plan consistency analyses, biological resource policy compliance management, and technical writing for CEQA/NEPA compliance. Steve has experience with a wide variety of projects, including commercial and residential development, transportation, regional and municipal infrastructure, and extensive electrical utility infrastructure. Steve has conducted protocol-level presence/absence surveys in occupied habitat for various special status species, including the desert tortoise, arroyo toad, burrowing owl, California spotted owl, least Bell’s vireo, and a score of annual and perennial plant species.

Experience
I-15 Express Lanes Project – Eastvale and Jurupa Valley, CA: Biological Resources Manager for this project which will add a toll lane to I-15 in both north- and south-bound directions in northwestern Riverside county. Psomas is conducting bi-weekly monitoring visits at the portion of the project that extends over the Santa Ana River. Services include documenting and monitoring the occupancy status of artificial bat roosts installed as mitigation and participating in the monthly bat roost emergence surveys.

Eastern Municipal Water District, Wellhead Treatment Facility Constraints Analysis and IS/MND (Well 56) – Perris, CA: Biologist for an Initial Study and Mitigated Negative Declaration and related technical analyses to evaluate the impacts of the construction of a wellhead treatment facility for the purpose of removal of perfluorooctonoic acid (PFOA) and perfluorooctane sulfonate (PFOS). A constraints analysis was prepared to evaluate several potential locations for the proposed wellhead treatment facilities. The site options were reduced to five feasible alternatives and Psomas prepared the CEQA documentation to fully evaluate each alternative.

City of Anaheim, Groundwater Treatment Plants Phase B and Groundwater Supply Wells IS/MND and CEQA-Plus Documentation – Anaheim, CA: Biologist for the preparation of an IS/MND and supplemental CEQA-Plus Documentation for the installation of ion-exchange groundwater treatment systems at the five locations in the City of Anaheim. The ionexchange systems are intended to remove perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) from groundwater. Two new groundwater supply wells would be installed at one location and additional wells would be rehabilitated due to age. Psomas prepared a mitigated negative declaration for this project and completed additional technical studies to comply with CEQAPlus guidelines pursuant to the Clean Water State Revolving Fund requirements.

EDUCATION
2001/BS/Environmental
Biology and Management/
University of California,
Davis

CERTIFICATIONS
Scientific Collecting
Permit/SC-007207/
California Department
of Fish and Wildlife/SC007207

PROFESSIONAL

AFFILIATIONS
The Wildlife Society,
Western Section
Western Bat Working
Group

EXPERIENCE
With Psomas for 12 years;
with other firms for 10 years
13 Michael Deseo
Senior GIS Analyst
Michael Deseo is a Senior Geographic Information Systems (GIS) Analyst with 10 years of experience in GIS. He has assisted in the preparation and completion of mapping projects for public agencies, private sector companies, and non-profit organizations. His set of skills includes spatial and geostatistical analyses; surface modeling and interpolation; three-dimensional (3D) modeling with shade and shadow analysis; batch geocoding; digitizing; data collection; data editing; and high-quality cartographic design. Michael creates and edits map documents and graphic exhibits using a variety of software including ArcGIS, Adobe Photoshop, and Adobe Illustrator.

Experience
Tesoro del Valle, Supplemental Environmental Impact Report – Valencia, CA: GIS Analyst for the development of Phases A, B, and C of the Tesoro del Valle residential project north of Santa Clarita in unincorporated Los Angeles County.

The project involves the continued development of the Tesoro del Valle project that was originally approved for development in 1999 and proposes development of up to 820 residential units and ancillary recreational uses. A Supplemental EIR is being prepared to update the analysis and address changes to the project.

Michael assisted in the preparation of maps and graphics in support for the SEIR.

Environmental Support Services for the San Diego Creek Project Site – Irvine, CA: GIS Technician for the San Diego Creek Reach II Operations and Maintenance Project. The project site consisted of approximately 1.25 miles along San Diego Creek from the I-405 Freeway to Campus Drive. The project involved vegetation clearing of the soft-bottom channel of San Diego Creek to help with flood control. Michael created field maps for data collection, biological resource locations, and map graphics.

Magnolia Tank Farm Specific Plan Program Environmental Impact Report – Huntington Beach, CA: GIS Analyst for the redevelopment of a 29- acre site (within the coastal zone) with a mixed-use development consisting of a 230,000-SF lodge that includes a maximum of 175 guest rooms and guesthousestyle, budget-oriented, family/group overnight accommodations with 40 beds, and ancillary resident- and visitor-serving retail and dining; up to 250-unit for-sale residential village; 2.8 acres of Coastal Conservation area adjacent to Magnolia Marsh; and 2.6 acres of park. Also, the area adjacent to Magnolia Street is designated as Open Space Park.

Harbor Pointe Senior Living Project Environmental Impact Report – Newport Beach, CA: GIS Analyst for preparation of an EIR for the Harbor Pointe Senior Living Project, which will consist of demolition of an existing 8,800 SF restaurant, and development of a three-story, approximately 85,000 SF assisted living facility (101 assisted living and congregate care units), associated ancillary uses, and subsurface parking. Michael assisted in the shade and shadow analysis and numerous high-quality maps and graphics in support of the document.

EDUCATION
2011/MA/Urban and
Regional Planning/
California State Polytechnic
University, Pomona
2005/BA/Political Science
and Public Policy/University
of California, San Diego

CERTIFICATIONS
GIS Certificate of
Performance/San Diego
Mesa College, 2013/

EXPERIENCE
With Psomas for 7 years;
with other firms for 3 years
14 Jennie Ramirez
GIS Specialist
Jennie Ramirez is a Geographic Information Systems (GIS) Specialist with five years of experience in GIS. Jennie received her Masters degree in GIS from California State University, Long Beach. Her recent project experience includes utilizing ArcGIS, Adobe Illustrator and ArcGIS Collector to create and edit map documents and graphic exhibits for various client projects that meet cartographic and data collection needs. Her set of skills include data collection, digitizing, managing data, spatial analysis and cartographic design.

Previous Experience
Eastern Avenue Multi-Modal Transportation Improvement Project – City of Los Angeles, CA: GIS Technician for the project approval and environmental document phase to re-envision 1.5 miles of Eastern Avenue as a multi-modal corridor that is safe and accessible for people walking, biking, taking transit, and driving to employment centers, education facilities, health care facilities, parks, and recreational centers. The project involves a robust community engagement process and will have features that include new signalized intersections, lighting upgrades, pedestrian safety crossing improvements, bicycle infrastructure, landscape elements, and upgrades to transit stops. Jennie is responsible for cartographic map and graphic exhibits using GIS and vector editing software, for use in reports and documentation.

Arroyo Seco Water Reuse Project – City of Pasadena, CA: GIS Technician for this project which involves GIS mapping and graphic production support of environmental documentation. Jennie is responsible for GIS data creation and database management, digitizing biological resources and jurisdictional features, and the creation of field maps for data collection. Jennie is also responsible for the preparation of maps and site photographs to accompany various reports.

Pacoima Reservoir Restoration Biological Resources Surveys/Reports, Los Angeles County Public Works – Los Angeles County, CA: GIS Technician for this project. Psomas is responsible for conducting biological resources surveys and preparing the associated reports. The surveys are based on the initial phase area above the dam and include additional new areas at the northern extent of the project area. Jennie is responsible for mapping and graphic production support for a variety of biological reports, using GIS mapping and vector editing software. Jennie is also responsible for the preparation of field maps to support data collection, GPS post-processing, digitizing biological resources, and conducting overlay and spatial analysis in the GIS.

Alton Parkway Off Site Services, OC Public Works – Orange County, CA: GIS Technician for this project which involves GIS mapping and graphic production support of environmental documentation. Jennie is responsible for GIS mapping and geospatial data management, including digitizing, analyzing and calculating biological resources. She prepares maps and graphics to accompany a variety of reports and documents. Jennie is also responsible for the preparation of field maps and formulating transects for field surveys.

EDUCATION
2021/MS/Geographic
Information Science/
California State University,
Long Beach
2016/BA/Philosophy and
Geography/California State
University, Long Beach
2020/AS/Applied
Geographic Information
Systems/Rio Hondo
College, Whittier
2013/AA/General Studies/
Rio Hondo College, Whittier

CERTIFICATIONS
Geographic Information
Systems/Rio Hondo College

EXPERIENCE
With Psomas for 1 years;
with other firms for 4 years
15 STATEMENTS
Section 2
Overview of Task
As with many jurisdictions, the City of Seal Beach is faced with the need to balance the development of a variety of housing types for all income levels with the concern of the community regarding the pace and density of new development. Maintaining and enhancing the existing quality and providing an adequate housing supply for existing and future residents is critical for the continued economic vitality of the City.

Similar to a number of neighboring cities, Seal Beach is virtually built out. Recognizing the need for additional housing in light of the City’s Regional Housing Needs Assessment (RHNA)
requirement of 1,243 units, the recently adopted Housing Element identifies 11 sites that need to be rezoned to accommodate a total of 1,543 units. The existing commercial uses with a zoning designation of Commercial are proposed to be rezoned as Mixed-Use zone, which would allow commercial as well as residential uses with a density of up to at least 40 units per acre. In addition, and apart from the identified sites, certain sites within the City would be permitted a higher density that would result in an increased number of units.

Existing housing in Seal Beach consists of a mix of single-family and multifamily units with a large number of the population being long-time residents.

Many of the residents are seniors who have spent most of their lives in the City and would appreciate options to remain in this coastal community known for its hometown appeal.

Psomas understands the redevelopment of the Old Ranch Country Club would assist in meeting the City’s regional housing needs goals and provide a beneficial addition to the community by providing an independent/assisted living facility, a senior housing complex, and associated facilities that would cater to the needs of the residents of the proposed community.

Project Understanding
Considering the City’s housing needs, as discussed above, the existing Old Ranch Country Club site and the development as proposed would provide an opportunity to meet some housing needs of the senior segment of the City’s population. Psomas understands the owners (Applicant) of the Old Ranch Country Club (ORCC Club), located at 3901 Lampson Avenue, seek to prepare a Specific Plan for the existing and future uses of the existing Club. The Club is surrounded by Lampson Avenue that curves along the eastern, southern, and southwestern boundaries of the site; Seal Beach Boulevard to the west; existing commercial development to the northwest; and the Joint Forces Training Base (JFTB) —Los Alamitos to the north.

The site is currently developed with a 30,000 SF clubhouse, 12,000 SF of meeting space, an 18-hole golf course, wedding venue, pool, maintenance area, a 2-way driving range, and surface parking with 394 spaces. The site currently has a Zoning designation of Recreation/Golf (RG).
“It has been my
pleasure working
with Psomas on
several challenging
projects. They have
been very responsive
and met all submittal
deadlines. Their
commitment to client
service and high
quality is evident
in CEQA documents
that they produce.

In my opinion, they
set the gold standard
for environmental
consultants. Psomas
staff are good people
to work with.”
James Campbell
Special Projects Manager
CEO Real Estate
County of Orange Executive Office
16 The Specific Plan proposes development of new and expansion of existing facilities, which would include a 103-unit, 3-level (83,415 SF) independent/ assisted living facility; a new 4,250 SF relocated maintenance building; a 51- unit (96,955 SF), 3-level senior housing complex including 25,340 SF of medical office; a reconfigured driving range from 2-way to a 2-level 1-way driving range; 3-level parking structure with 591 stalls with 4 tennis courts on the top level; clubhouse pool and related accessory features (21,000 SF); 3-level clubhouse addition of 109,015 SF consisting of overnight accommodations of 150 rooms with pool, restaurant, and bar/lounge. Additionally, the Project would include new connecting drive aisles/streets, surface parking areas, and landscaping.

Other improvements related to recontouring of the golf course and changes pertaining to the flood plain easement and drainage reconfiguration would also occur.

Environmental Analysis Approach
Psomas proposes to prepare a Program Environmental Impact Report (PEIR) in accordance with the California Environmental Quality Act (CEQA) (Public Resources Code 21000-21177) and the State CEQA Guidelines (California Code of Regulation, Title 14, Division 6, Chapter 3, Section 15000-15387). A PEIR would be the appropriate CEQA document due to the potential for significant environmental impacts.

Additionally, a program-level as opposed to a project-level EIR is appropriate for the Old Ranch Country Club Specific Plan Project, as it will accommodate tiering future projects to streamline the entitlement process. The PEIR will “focus out” the topical issues and environmental checklist questions that may not be applicable and, thus, not require detailed evaluation in the PEIR. However, if detailed, sufficient project-level information is available for all components of the Project at this time, a project-level EIR can be considered as the appropriate CEQA document. The approach will be further discussed in detail at the kick-off meeting. For purposes of this proposed, the CEQA document is referenced as a Program Environmental Impact Report (PEIR).

A detailed discussion of the scope of work is included under Work Plan on page 20 of the proposal.
17 Psomas believes in
a holistic approach
toward project
management and
client satisfaction, in
addition to meeting
the requirements
of the technical
scope of services.

General Approach
Regardless of the type and size of a project, Psomas believes in a holistic approach toward project management and client satisfaction, in addition to meeting the requirements of the technical scope of services. One of the components of this approach is developing and maintaining a collaborative client relationship. Psomas is committed to fostering trust-based client relationships that will last well beyond any single project.

Building upon the notion of this relationship is establishing a line of communication that facilitates data sharing, project information updates, and schedule and cost maintenance. We will rely on the expertise and knowledge of City staff as much as they will rely on our capabilities in managing the environmental documentation process. In light of this approach, Psomas envisions a synergistic working relationship with the City that would enable the process to progress efficiently, while facilitating exchange of ideas; knowledge gathering; transfer of information; and partnering on the common objective of completing successful environmental documents, on time, and within budget.

Additionally, and more specifically, we embrace the following steps in our process:
f Establish a communication protocol with City staff and technical leads, and other key team members, to ensure project-critical information is efficiently and accurately conveyed across the team
f Ensure roles/responsibilities are clear for efficient management of assignments and quality control of services and deliverables f Utilize experienced staff with extensive relevant experience who will do the job right the first time
f Agree on initial project schedule and budget with City staff and a protocol for updating status on both during all project phases
f Determine key project description details with the City and Applicant early to facilitate accurate and consistent peer reviews and analyses f Verify that technical approach/scope of services as conveyed in the proposal still meets City expectations following completion of project description
f Collaborate up front with the City on standard templates for project deliverables
Implementation Plan
Important to the successful delivery of a project is implementing our scope of work, schedule, and cost controls in compliance with the requirements and to the satisfaction of the City. Completing projects successfully will strengthen the City’s trust in Psomas. Therefore, the longevity of our relationship will depend on successful implementation of the scope of work on schedule and within budget. In order to avoid potential issues, the Project Manager will be responsible for closely monitoring the status of these three key components. 18 Project Controls
Scope of Work. The scope of work for most projects influences the budget and schedule. Upon project kick-off, the scope of work will be further discussed with the City and project team and better defined. As the scope of work will direct the action items for all tasks proposed, it is imperative that it be kept updated and any changes in approach and direction are reflected in the scope of work.

The scope of work will be communicated with the City at regular intervals to facilitate solutions to potential issues, as applicable, before they become impediments to completing the project.

Schedule. An agreed-upon master schedule will be used to monitor progress on key milestones and deliverables. The schedule will be updated, as needed, and distributed to the project team. As the project status is updated in the master schedule, an appropriate corrective plan of action will be developed to address variances, with the goal of getting the tasks back on schedule. Additionally, in order to ensure the project schedule is maintained, we have established workload management systems, monitoring techniques, and internal staffing arrangements to assist in meeting project schedule. Psomas also uses Microsoft Project, as appropriate, to track how key milestones and deliverables relate. The mechanisms in place and the diligence of our Project Manager will ensure the project stays on schedule.

Budget. The budget is another key component that will be closely monitored and controlled by the Project Manager. Assigned hours and costs for each task will be communicated with the Psomas Team to ensure that hours allocated for those tasks are aligned with performance. Psomas uses a comprehensive system (Deltek Vision) for tracking and reporting employee time and project costs. The Project Manager has real-time information regarding total authorized budget, costs expended to date, current expenditures, and the remaining balance.

Access to accurate, complete data will allow our Project Manager to alert the City to potential budget implications if issues arise.

Implementation Strategies
Best Practices
The environmental documentation needs of every project are unique and depend on the type and size of the project, existing conditions, potential impacts, and public controversy, among other factors. However, regardless of the type and size of projects, best practices espoused by our project team will facilitate the environmental process on future projects. f Technical Solutions: One of the strengths of the Psomas Team is taking the time in the beginning of the project to develop a thorough project description that correctly reflects details of project construction and operation. Upon completion and approval by the City, the project description will be shared with the Psomas technical leads. Based on our experience, a solid and stable project description can serve to avoid later revisions to the environmental document analyses and related technical studies.

The environmental
documentation needs
of every project are
unique and depend on
the type and size of
the project, existing
conditions, potential
impacts, and public
controversy, among
other factors.
19 Additionally, the Project Manager will closely monitor the content of technical studies/analyses to keep the City apprised of the progress and any issues that may arise. If potential constraints and impacts are identified, Psomas will alert the City to avoid impacts and required mitigation, whenever feasible.

Furthermore, one of the key roles of the Project Manager will be to provide ongoing guidance and strategic consultation to the City regarding new regulations affecting proposed projects. Problemsolving and creative discussions help to streamline the process for the environmental documents.
f In-House Quality Assurance/Quality Control (QA/QC): Psomas is committed to providing high quality technical documents that engender client satisfaction, meet the needs of the project, and withstand legal scrutiny. Therefore, conducting in-house QA/QC reviews concurrent with the preparation of written technical documents is a critical part of our delivery of technically sound and legally defensible environmental documents. In fact, Psomas has a company-wide quality assurance/ quality control committee that is called “Pride in Performance” with the goal of maintaining the culture of “quality” throughout the firm. Alia Hokuki, our Project Manager, is the Environmental Planning group’s representative to the committee.

Our QA/QC process begins with the assignment of staff members with the appropriate technical expertise and experience. All work products are prepared with the oversight and review of an assigned technical lead.

Upon completion of the first internal draft, it is reviewed by the Project Manager for consistency with the project description, compliance with our approved scope of work, and technical accuracy. Upon revisions, it is sent to our in-house technical editor for review of grammar, proper nomenclature, references, and methodological consistency. The last step is a thorough and complete word processing review. Only then is the document submitted to the City for review.

Psomas has a
company-wide
quality assurance/
quality control
committee that
is called “Pride
in Performance”
with the goal of
maintaining the
culture of “quality”
throughout the firm.

Alia Hokuki, our
Project Manager, is
the Environmental
Planning group’s
representative to
the committee.
20 Work Plan
Psomas proposes to prepare a Program Environmental
Impact Report (PEIR) in accordance with the California
Environmental Quality Act (CEQA) (Public Resources
Code 21000-21177) and the State CEQA Guidelines
(California Code of Regulation, Title 14, Division 6,
Chapter 3, Section 15000-15387). A PEIR would be the
appropriate CEQA document due to the potential for
significant environmental impacts. Additionally,
a program-level as opposed to a project-level EIR is appropriate a Specific Plan Project, as it will accommodate tiering future projects to streamline the entitlement process. The PEIR will “focus out” the topical issues and environmental checklist questions that may not be applicable and, thus, not require detailed evaluation in the PEIR. However, as indicated previously, if sufficient level of detail is available for the project and its components, a project-level EIR would be appropriate. This issue will be further discussed at the kick-off meeting.

TASK 1 - PROJECT INITIATION
Subtask 1.1 Kick-Off Meeting
Psomas will attend a kick-off meeting with the City, the Applicant, and the Project team, as appropriate. This meeting will provide an opportunity to discuss the approach to preparing the environmental document; further define the scope of work; identify and discuss the key community issues and concerns, as applicable; and identify information needs. The Project schedule will be discussed, and key milestones defined. It is assumed that available Project information, as applicable, would be provided at this meeting.

Subtask 1.1 Deliverables
f Attendance at the kick-off meeting
Subtask 1.2 Data Collection and Site Visit
Psomas will prepare a Data Needs Request to obtain data related to Project construction and operational activities that are needed for the technical analyses (e.g., Air Quality, Greenhouse Gas [GHG] Emissions, Energy, and Noise) contained in the PEIR topical sections. Psomas will review existing City documents, including but not limited to the City of Seal Beach General Plan (2003); Seal Beach Municipal Code and Zoning (Title 11); and other pertinent City documents.

Additionally, Psomas will conduct a site visit to assist in the description of the environmental setting and to photographically document the site and surrounding area.

Subtask 1.2 Deliverables
Electronic Copy (email) of Data Needs Request
Ricky Ramos
Principal Planner
City of Huntington Beach
“You [Alia] are the best,
most responsive, and
take-charge PM
I have ever worked
with. You are excellent
at reminding the whole
team that we need to
stay on schedule. You
remain very pleasant
and professional even
in the most stressful
times. What more
could anyone ask for? “
21 Subtask 1.3 Project Description
Psomas will prepare a Project description, appropriate for a PEIR and a Project of this nature. The Project description will include, but not be limited to, Project objectives; site plan and other plans (e.g., circulation plan, grading plan, open space plan, landscape plan, utilities plan), as available; infrastructure and wet and dry utilities; and any other features unique to the Project that are integral to the analysis of the environmental impacts. Upon completion, Psomas will provide the Project description to the City and Applicant for review. Psomas will revise the Project description to address the comments received and, upon approval by the City, provide it to the technical team for preparation of the studies/analyses.

Subtask 1.3 Deliverables
f Electronic Copies (email) of Draft and Final Project Description TASK 2 - PEER REVIEW OF APPLICANT-PREPARED

STUDIES/REPORTS
We understand that the Applicant’s consultants have prepared studies/reports, including Biological Resources, Arborist (Assessment of Eucalyptus Windrow), Geotechnical, and Traffic. Upon Project kick-off and receipt of the said studies/ reports, Psomas’ Project Manager and technical experts will conduct peer reviews of the studies/reports for adequacy and compliance with CEQA. Upon review of the studies/reports, a memorandum will be prepared and submitted to City staff summarizing the comments and recommendations of the Project Manager and technical experts on each study/report. The findings of the final studies/reports—if comments and recommendations result in revising the studies/report—will be incorporated into the topical sections of the PEIR.

If additional studies/reports are prepared by the Applicant at a later date and provided to Psomas for peer review and incorporation into the PEIR, a budget augment will be required for the additional peer review.

Subtask 2 Deliverables
f Electronic Copies (PDF and MS Word) of Peer Review Memorandum TASK 3 - INITIAL STUDY/NOTICE OF PREPARATION

AND SCOPING MEETING
Subtask 3.1 Initial Study/Notice of Preparation
Psomas will prepare an Administrative Draft Initial Study/Notice of Preparation (IS/NOP) for review by the City and Applicant. If it can be adequately documented that there would be no Project impact on a topic, that topic will be “focused out” of the PEIR. For other topical issues, there may be specific checklist questions that would have no impact and could be focused out. Psomas will also prepare the NOP, which will provide an overview of the Project; Project objectives; alternatives to be evaluated; and expected required permits. The NOP will also serve as a Scoping Meeting notice. 22 Upon completion, the Draft IS/NOP will be submitted to the City and Applicant. Psomas will revise the IS/NOP to address the comments received and prepare a Public Review Draft IS/ NOP for approval prior to the 30-day public review. Psomas will revise and distribute the IS/NOP based on the City’s distribution list. Psomas will also prepare a Notice of Completion (NOC) and Notice of Availability (NOA) of the NOP. The IS/NOP and the NOC will be filed with the County Clerk and posted on the State Clearinghouse (SCH) website.

It should be noted, as preparation of a EIR has been determined, the City may decide not to prepare an IS and only circulate the NOP for 30 days. This would reduce the schedule and cost accordingly.

Subtask 3.1 Deliverables
f Electronic Copies (email) of the Administrative Draft and Public Review Draft IS/NOPs
f Electronic Copies (CDs) of IS/NOP for Public Review
Subtask 3.2 Public Scoping Meeting
Psomas will attend one (1) EIR Scoping Meeting during the 30-day public review of the IS/NOP. It is assumed the City will organize the Scoping Meeting at a venue of their choice. If requested by the City, Psomas will describe the environmental process in preparing the PEIR. This scope of work assumes that Psomas will prepare Scoping Meeting materials (i.e., handouts, sign-in sheets, comment cards/sheets). If requested, Psomas can prepare a PowerPoint presentation for the Scoping Meeting. Subsequently, Psomas will document the meeting and prepare a summary of the meeting for inclusion in the PEIR.

Subtask 3.2 Deliverables
f Electronic Copies (email) of Scoping Meeting Materials f Electronic Copy of the PowerPoint Presentation
f Electronic Copies (CDs) of IS/NOP for Public Review
f Attendance at Scoping Meeting
TASK 4 - DRAFT PROGRAM ENVIRONMENTAL

IMPACT REPORT
Subtask 4.1 Administrative Draft Program Environmental
Impact Report
Psomas will prepare an Administrative Draft PEIR in accordance with CEQA, the State CEQA Guidelines, and pertinent case law. The analysis will be based upon the IS/NOP comments received; community and agency input at the Scoping Meeting; technical evaluation of the proposed Project; and pertinent data. 23 Psomas’ approach to preparing PEIR sections is provided below. f Executive Summary: Psomas will summarize the Project location, Project description, areas of controversy and issues to be resolved, summary of impacts, mitigation measures, and alternatives. f Introduction: The Introduction will include Project background and history; the purpose of the PEIR; the environmental issues assessed in the PEIR; the environmental review process; and organization of the PEIR. This section will also summarize the scoping process and include a general overview of the existing environmental setting of the site and the surrounding area.
f Project Description: Psomas will prepare an in-depth and detailed Project description based on Project information in coordination with the City and Applicant. This section will include Project location, Project objectives, intended uses of the PEIR, discretionary actions, Project components and characteristics.
f Environmental Analysis: Each topical PEIR section will contain a discussion of existing conditions; the regulatory framework; applicable Project design features (if proposed) and regulatory requirements; significant environmental effects; and mitigation measures, if required. „ Aesthetics. The analysis in the PEIR will qualitatively assess the potential visual changes that could occur in the future in comparison with the existing views of the site. The site has been developed into a golf course, a clubhouse, and associated uses and is surrounded by existing single-family residential, commercial, and retail land uses beyond the abutting roadways in addition to the Los Alamitos.

The existing visual character of the sites and surrounding areas and visibility of the sites will be described and documented through ground level photographs. Photographs of the site will be taken from different vantage points and incorporated into the discussion and analysis. The potential impacts emanating from the changed light and glare associated with the proposed Project will also be analyzed in the PEIR, especially in relation to the surrounding land uses that may be sensitive to light. If impacts are identified, mitigation measures will be proposed to reduce the impacts.
„ Agricultural and Forest Resources. The site has been developed and is surrounded by existing residential, commercial, and retail land uses. The Project site is not being used, nor anticipated to be used, or zoned for agricultural purposes; it is not subject to a Williamson Act contract; and it does not contain Prime Farmland or Farmland of Statewide Importance. Additionally, no forest land occurs on the Project site or in the surrounding area.
„ Air Quality. Psomas will develop air quality analysis based on a review of the Project plans, traffic study, and related Project data. Psomas will prepare a Data Needs Request for the Project team to provide general data relative to construction phasing, building energy use, stationary sources, and Project features related to air quality for the level of information available for the Specific Plan. Based on the information provided, Psomas will draft reasonable worst-case scenarios for anticipated construction activities (i.e., type of construction, 24 construction start and completion dates) and long-term operations to be used as the basis of the air quality modeling.

Psomas will conduct the air quality analysis consistent with the SCAQMD’s recommended methods for CEQA analyses and will evaluate the Project’s contribution to regional emissions to the air basin, as well as localized concentrations to uses proximate to the Project site. For the regional emissions analysis, Psomas will calculate the Project’s construction and operational criteria pollutant regional (mass) emissions using the California Emissions Estimator Model (CalEEMod).

Model results will be compared with the SCAQMD’s CEQA regional emissions thresholds to determine the Project’s potential impacts to the air basin’s regional emissions.

For the analysis of potential impacts to the local area proximate to the Project site, the SCAQMD requires that project-related construction emissions be evaluated against the localized significance thresholds (LSTs). LSTs are used to determine whether sensitive uses near the Project site are exposed to air pollution that exceeds the ambient air quality standards (AAQS). For the operations phase of the Project, it is expected that a qualitative analysis will demonstrate that the Project would not generate traffic congestion at a major intersection at a magnitude that would cause a local carbon monoxide (CO) “hotspot”.

Thus, no dispersion modeling is included in this scope of work for CO analysis. Project area exposure to construction phase toxic air contaminants (TACs) and odors will also be addressed qualitatively.

Additionally, the analysis will include an evaluation of Project conformity with the Air Quality Management Plan for the South Coast Air Basin.

The Project site is located proximate to the Joint Forces Training Base Los Alamitos (JFTB). Aircraft and ancillary facilities operating from this facility may result in criteria and toxic air pollutant exposure to the Project site. The Interstate 405 freeway is also located directly to the south of the Project site. Vehicle exhaust from the freeway would also contribute to air pollutant exposure at the Project site. Depending on the intensity and duration of project related construction activities and the proximity of these activities to existing residential uses, a Health Risk Assessment (HRA) may be necessary to address these environmental impacts. As an optional task, Psomas can conduct a HRA for the exposure of the Project site to both freeway and aircraft emissions, as well as the health risk associated with the Project’s construction activities. The cost for the HRA is dependent on a broad array of factors and will be provided, if requested by the City.

CEQA generally requires an analysis of potential project related impacts to the environment and not the effects of the environment on the Project site. It is noted that, upon Project initiation, we propose to have a discussion with the City regarding the most appropriate air quality approach. It is important to minimize any potential public comments in regard to technical adequacy of the analysis. The findings 25 of the analysis will be provided as a section within the PEIR, and the model results will be included as an appendix.
„ Biological Resources. The proposed project site is within a highly developed area of the City of Seal Beach. The 154-acre site is developed with a golf course and associated uses. Based on review of the aerial photograph, there are rows of Eucalyptus Windrow throughout the golf course. A Biological Resources and Arborist Study have been prepared by the Applicant’s consultants, which will be provided to Psomas for a peer review and use in the PEIR. It is assumed that a literature review has been conducted as part of the Biological Resources Study to determine which species have been identified as special status by State, federal, and local resources agencies and organizations and have a potential to occur within the vicinity.

It is also assumed that the Biological Resources Study analyzes the potential impacts to nesting birds and raptors during Project construction and include mitigation measures to avoid significant impacts pertaining to nesting birds and raptors. Upon review of the said studies, the findings will be summarized in the Biological Resources section of the PEIR document, and the studies will be included as appendices in the PEIR. The scope of work does not include focused surveys or a jurisdictional delineation.
„ Cultural Resources and Tribal Cultural Resources. Psomas will submit a request to the California Historical Resources Information System (CHRIS) at the South-Central Coastal Information Center (SCCIC) to conduct a records search for the Project site, including a half mile search radius surrounding the Project site. The SCCIC currently estimates two (2) to three (3) months from the date of request to receive the results of the records search. Additionally, Psomas will request the Native American Heritage Commission (NAHC) conduct a search of the Sacred Lands File (SLF) database for the Project site.

Psomas will provide tribal consultation support as needed to the Lead Agency to fulfill the agency-to-agency consultation requirements for both Assembly Bill 52 (AB 52) and Senate Bill 18 (SB 18).

AB 52 requires a Lead Agency/City to provide formal notification to tribal representatives that are traditionally and culturally affiliated to the geographic area where a project is located. This task assumes preparation of up to eight (8) letters on the City’s letterhead; one (1) round of review by the City; and up to four (4) hours of telephone consultation in concert with the City, as needed, to consult with the Tribes. The tribal representatives have 30 days to request consultation upon receiving the AB 52 notification letter. Psomas can provide further support related to tribal consultation, such as additional meetings, minutes, or additional site visits, subject to a scope and budget augment.

In addition to AB 52, the Project must comply with SB 18 requirements for a Specific Plan. Psomas will provide support to the City to fulfill the agency-to-agency consultation requirements under SB 18.

This includes assisting with the California Native American Tribal 26 consultation; preparing 12 notification letters sent from Psomas on behalf of the City; one (1) round of review by the City; preparing a contact log documenting outreach to the Tribes, and up to three (3) hours of telephone consultation in concert with the City, as needed, to consult with the Tribes. The Tribal representatives have 90 days to request consultation upon receipt of the SB 18 notification letter.

Psomas can provide further support related to SB 18 consultation, such as additional meetings, minutes, or additional site visits, subject to a budget augment.

The results of the records searches and tribal consultations will be compiled and described in the Cultural Resources and Tribal Cultural Resources sections of the PEIR. If potential significant impacts to resources are identified, Psomas will recommend mitigation measures to address those impacts. It should be noted that this scope of work does not include a cultural resources pedestrian field survey. If requested by the City, a field survey will be conducted subject to a budget augment.
„ Energy. Psomas will develop an energy analysis for the Project, which will include a discussion of regulatory setting, energy demands, Project energy efficiency measures, impact assessment, and any necessary mitigation measures. The regulatory setting will include a discussion of the local, State and federal policies and regulations that apply to the Project. The discussion of Project related energy demands include quantification of anticipated energy consumption from the operations phases. Construction phase energy demand is due to diesel and gasoline consumption during the development of the Project.

The operations phase of the Project would consume energy related to lighting and heating needs as well as vehicle trips. Potential impacts will be assessed relative to Project consistency with those policies and measures related to energy efficiency and conservation within the City of Seal Beach’s General Plan and the State of California Energy Efficiency Standards. Mitigation measures, if needed, will be discussed relative to any measures needed to reduce significant energy impacts. „ Geology and Soils. We understand a Geotechnical Study has been prepared by the Applicant’s consultant, which will be provided to Psomas for use in the PEIR. Psomas will review the study and incorporate the summary of the findings in the Geology and Soils section of the EIR and include the study as an appendix in the PEIR. If impacts are identified, mitigation measures will be proposed to reduce the impacts.

Additionally, Psomas will request a paleontological resources records search and literature review for the Project site from the Vertebrate Paleontology Section of the Los Angeles County Museum of Natural History. The Natural History Museum provides a letter summarizing information on geological formations and known paleontological localities (if any) near the Project site, and a determination of the paleontological sensitivity of the geologic units underlying the site.

The findings will be summarized in the Geology and Soils section of the PEIR.
27 „ Greenhouse Gas Emissions. Psomas will prepare a greenhouse gas (GHG) emissions analysis. The quantitative Project analysis will use the data and scenarios developed for the air quality analysis and assumptions for the Project’s anticipated electricity, natural gas, and water usage. Psomas will calculate construction and operational GHG emissions concurrently with the air quality emissions using CalEEMod. Psomas will compare the change in GHG emissions with criteria that have been recommended by the SCAQMD or a threshold determined in coordination with City staff.

Psomas will also determine whether implementation of the Project would conflict with applicable State, and regional policies, or regulations adopted for the purpose of reducing air pollutant and GHG emissions. The proposed Specific Plan will be evaluated for consistency against the goals and policies established within the City of Seal Beach’s General Plan. Mitigation measures that reduce construction and operations phase impacts will be identified, as necessary. If regional and/or local construction or operations phase emissions exceed the SCAQMD thresholds of significance, Psomas will work with the City to determine feasible mitigation measures. The findings will be provided as a section within the PEIR, and the model results will be included as an appendix.
„ Hazards and Hazardous Materials. Psomas will contract with Environmental Data Resources (EDR) to complete a radius search of hazardous materials databases. Psomas will summarize the findings of the report in the hazards and hazardous materials section of the PEIR and qualitatively address other potential impacts pertaining to hazards, including impacts related to chemical transport, storage, and handling; airport hazards, as applicable; emergency response and emergency evacuation plans; and wildland fires. The analysis will also include a detailed discussion of proximity to the Joint Forces Training Base-Los Alamitos and potential impacts pertaining to safety concerns. If impacts are identified, mitigation measures will be proposed to reduce the impacts.

The report will be included as an appendix in the PEIR. For demolition of existing structures, a Phase I Environmental Site Assessment (ESA) may be required and prepared by the Applicant’s consultant and prepared to Psomas for use in the PEIR.
„ A Hydrology Study and Water Quality. It is assumed that hydrology in addition to a Water Quality Management Plan (WQMP) will be provided by the Applicant’s civil engineers. The information/reports will be reviewed, and the findings will be summarized in the Hydrology and Water Quality section of the PEIR. Additionally, the issues pertaining to recontouring of the golf course to accommodate a change in the flood plain easement of the site and recon-figuration of the drainage basin that serves residential community of College Park East will be discussed and analyzed. If impacts are identified, mitigation measures will be proposed to reduce the impacts. „ Land Use and Planning. Psomas will describe the existing condition of the site and the surrounding land uses based on a site visit (Task 1.2) and review of the relevant available documents and information and analyze the Project’s compatibility with the surrounding uses. Consistency with planning documents relevant to the proposed Project, including the Airport Environs Land Use Plan (AELUP) (August 17, 2017), will be discussed. Psomas will also evaluate the proposed Project’s consistency with relevant local 28 and regional planning policies, including, but not limited to, the City of Seal Beach General Plan policies; Southern California Association of Governments’ (SCAG’s) regional planning policies; and other relevant policy documents. If impacts are identified, mitigation measures will be proposed to reduce the impacts.
„ Mineral Resources. The Project site is development and is within an urbanized portion of the City of Seal Beach. There are no areas within the site containing known mineral resources appropriate for mineral extraction. Psomas will address the lack of mineral resources on the site.
„ Noise. Psomas will analyze temporary noise and vibration impacts from construction activities and will also review the Project plans, design, and traffic impact analysis to evaluate operational noise impacts to sensitive receptors. To characterize the existing noise environment, four (4) long-term (24-hour) noise measurements will be taken within the project area to document existing noise level exposure at the Project site from the primary noise sources in the area (I-405 freeway, Seal Beach Boulevard, and JFTB). Noise contours will also be taken from the Installation Compatible Use Zone (ICUZ) and AELUP.

Project related impacts will be assessed for the construction and operations phases of the Project. Construction noise and vibration will be assessed based on values provided by the U.S. Environmental Protection Agency (USEPA) and the Federal Transit Administration (FTA). Operations phase noise sources would include noise generated by Heating, Ventilation, and Air Conditioning (HVAC) units, parking lot activities, recreational uses, and vehicular trips accessing the Project site and local roadways. The analysis will compare noise impacts with the standards in the City’s General Plan and Noise Ordinances.

Increases in traffic noise on local roadways will also be quantified using the Federal Highway Administration’s RD-77-108 traffic noise model.

The assessment of potential impacts to proposed noise sensitive Project uses will consider consistency with the State of California’s Title 25 interior residential noise limits, the City’s exterior noise/land use compatibility guidelines, AELUP and Airport Land Use Commission (ALUC) guidance, and CEQA court decisions that affect aircraft noise exposure (Berkeley Keep Jets Over the Bay Committee v. Board of Port Commissioners of the City of Oakland).

Mitigation measures that reduce construction and operations phase impacts from the Project will be identified, as necessary. Project site noise exposure and any needed mitigation will be consistent with the City’s Noise Element of the General Plan and the AELUP. If regional and/or local construction emissions exceed the noise thresholds of significance, Psomas will work with the City to determine feasible mitigation measures. The results will be provided as a section in the PEIR and will include summaries of noise terminology, applicable noise regulations, ambient noise environment, and increases in 29 existing noise levels. The supporting calculations will be included as an appendix.
„ Population and Housing. The Population and Housing section of the PEIR will evaluate and analyze the direct and indirect effects of the proposed Project pertaining to population, housing, and employment.

The analysis will also take into account the population, housing, and employment projections for the Project area using the latest demographic data and address the forecasted growth and Project’s consistency with regional and location growth assumptions. If impacts are identified, mitigation measures will be proposed to reduce the impacts.
„ Public Services and Recreation. Implementation of the proposed Project would generate increased demand for public services, such as fire and police protection services, and parks. Since the Project includes senior and assisted living residents, an increased demand for schools is not anticipated. The potential effects associated with implementation of the proposed Project are related to the provision of adequate service levels and the need to upgrade and/or provide additional facilities to serve the proposed Project. Psomas will coordinate with the service providers to identify existing public service facilities and capacities and determine whether the proposed Project can be adequately serviced without any increase in personnel or expansion of existing resources, including facilities. If impacts are identified, mitigation measures will be proposed to reduce the impacts. „ Transportation. We understand a Traffic Study has been prepared by the Applicant’s consultant, which will be provided to Psomas for use in the PEIR. Psomas will review the study and incorporate the summary of the findings in the Transportation section of the PEIR and include the study as an appendix in the PEIR. If impacts are identified, mitigation measures will be proposed to reduce the impacts.
„ Utilities and Service Systems. Implementation of the proposed Project would generate increased demand for wet and dry utility services (e.g., water, wastewater treatment, solid waste disposal, electricity, gas, telephone, and cable). The potential effects associated with implementation of the proposed Project are related to the availability of adequate supply to meet the increased demand of the proposed Project. Psomas will coordinate with applicable utility providers to obtain the necessary information regarding existing capacity, supply, and future demand from the proposed Project. It is assumed that information regarding water and sewer will be provided by the Applicant’s civil engineers and will be used in the analysis of potential impacts. It is assumed that preparation of a Water Supply Assessment (WSA) would not be required.
„ Wildfire. Psomas will discuss the Project’s location relative to the Fire Hazard Severity Zone Map (California Department of Forestry and Fire Prevention-CalFire) and assess the Project’s potential impacts related to proximity to a Very High Fire Hazard Severity Zone (VHFHSZ). 30 f Cumulative Impacts: In addition to the analysis of potential short- and long-term Project-specific impacts, Psomas will conduct a cumulative impact analysis based on the provisions of Section 15130(b)(1) of the State CEQA Guidelines. Psomas will coordinate with City staff to obtain a list of related projects. The evaluation method will vary depending on the technical issue to be addressed. For each technical section, the cumulative study area will be defined and used for the assessment of the Project’s contribution to cumulative impacts.
f Alternatives: Psomas will provide an assessment of
alternatives to the proposed Project. These alternatives will be based on the requirements of CEQA and discussions with City staff. This scope of work assumes that up to three (3) development alternatives and a No Project Alternative will be evaluated.
f Required CEQA Topics: Other CEQA-required sections include long-term impacts; significant irreversible environmental changes; significant unavoidable adverse impacts, as applicable; growth-inducing impacts; references; agencies and persons consulted; and preparers and contributors.

Upon completion, Psomas will submit the Administrative Draft PEIR and technical appendices for review and comment by the City and Applicant.

Subtask 4.1 Deliverables
f Electronic Copy (email) of the Administrative Draft PEIR Subtask 4.2 Public Review Draft Program Environmental
Impact Report
Upon receipt of comments from the City and Applicant, Psomas will review the comments, revise the document accordingly, and prepare the Public Review Draft PEIR for a final review before distribution. This task assumes that no new technical analyses or new quantitative analyses will be required. If conflicting or unclear comments are received, Psomas will coordinate with the City and Applicant to resolve any issues.

Subtask 4.2 Deliverables
f Electronic Copy (email) of Public Review Draft PEIR
Subtask 4.3 Draft Program Environmental Impact Report
This scope of work assumes that only minor editorial revisions to the text of the Public Review Draft will be required, and no substantive revisions to any technical analyses will be necessary. Psomas will revise the document, as necessary, and prepare the Draft PEIR. Psomas will also prepare a NOC and a Notice of Availability (NOA) for City’s review and approval prior to distribution.

Psomas will distribute the Draft PEIR (CDs), including Technical Appendices along with the NOA, for a 45-day public review period, using a distribution list to be provided by the City. Additionally, Psomas will mail out copies of the NOA to the surrounding property owners (radius to be determined by the City 31 and mailing labels to be provided by the Applicant). Psomas will electronically submit the Draft PEIR, the NOC, and NOA to the SCH, as they no longer accept hard copies, and will file the NOC and NOA with the County Clerk.

Subtask 4.3 Deliverables
f Electronic Copy (email) of the Draft PEIR
f Up to Five (5) Hard Copies of the Draft PEIR
f Electronic Copies of the Draft PEIR, NOC and NOA to the SCH f Electronic Copies (CDs) of the Draft PEIR for Distribution to Agencies f Hard Copies of the NOA for Distribution to Surrounding Property Owners f Filing the NOC and NOA at the County Clerk
TASK 5 - FINAL PROGRAM ENVIRONMENTAL

IMPACT REPORT
Subtask 5.1 Administrative Draft Final PEIR and Response to Comments
Following the 45-day public review period, Psomas will review the comments received and meet with the City to discuss the approach. Psomas, with assistance from the Project team, will prepare responses to comments that raise significant environmental issues. Revisions to the Draft PEIR that result from the comments will be identified in a Revisions and Clarifications Section (Errata) of the Responses to Comments (RTC). It is assumed that Psomas will spend approximately 40 hours of technical staff time on this task. If it is determined that additional effort will be necessary, or if late comment letters are received that raise significant issues, a budget augment may be required.

Subtask 5.1 Deliverables
f Electronic Copy (PDF) of Administrative Final PEIR and RTC Subtask 5.2 Public Review Final Program Environmental
Impact Report and RTC
Following the City’s review of the Administrative Final PEIR and RTC, Psomas will revise the responses and compile the Final PEIR and RTC and coordinate with the Project team on the revisions. The revised Final PEIR will be submitted for a final review by the City prior to mailing responses to public agencies at least 10 days prior to a decision on the Final PEIR, as required by CEQA.

Additionally, Psomas will prepare the Notice of Determination (NOD) to be signed by the City upon certification of the Final PEIR and action on the Project.

Psomas will file the NOD with the County Clerk and the SCH. The cost estimate does not include the California Department of Fish and Wildlife (CDFW) filing fees and County Clerk processing fee. It is assumed the Applicant will provide a check for payment of these fees at the time the NOD is filed.

Subtask 5.2 Deliverables
f Electronic Copy (email) of Final PEIR and RTC
f Electronic Copies (CDs) of the Final EIR and RTC for Distribution to Commenting Agencies
32 f Electronic Copies (email) of the Draft and Final NOD f Filing the NOD at the County Clerk
f Posting the Final PEIR and NOD at the SCH
Subtask 5.3 Mitigation Monitoring and Reporting Program Through the course of PEIR preparation, if mitigation measures are identified, in compliance with Section 21081.6 of the California Public Resources Code, Psomas will prepare a Mitigation Monitoring and Reporting Program (MMRP) as part of the Administrative Final PEIR and RTC document. The will be prepared in matrix format and will provide the timing and responsibility for each mitigation measure. The MMRP can be provided as stand-alone document and will be submitted for review with the Administrative Draft PEIR. Per the City’s RFP, the PEIR will be included in the Draft MMRP. It should be noted that, later during the public hearings, if the Planning Commission or City Council modify the Project and/or recommend standard conditions of approval/ mitigation measures for the proposed Project, Psomas will revise the MMRP.

However, substantial modifications to the MMRP are not assumed in the scope of work and fees for the Project.

Subtask 5.3 Deliverables
f Electronic Copy (email) of the Draft and Final MMRP
Subtask 5.4 Findings of Fact and Statement of Overriding Considerations
As part of the Final PEIR, Psomas will prepare the Findings of Fact and Statement of Overriding Considerations, if applicable, for the Project pursuant to Sections 21081 and 21081.6 of the California Public Resources Code. The draft and final version of the Findings will be submitted to the City for review and approval.

Subtask 5.4 Deliverables
f Electronic Copies (email) of the Draft and Final Findings of Fact and Statement of Overriding Consideration (if applicable)
TASK 6 - PROJECT MANAGEMENT, MEETINGS, AND

PUBLIC HEARINGS
Subtask 6.1 Project Management
Psomas will be responsible for managing the CEQA process for the City. This includes ongoing coordination with the City, the Applicant, and Project team to ensure compliance with the scope of work and schedule and to ensure that information is disseminated, as necessary.

Subtask 6.1 Deliverables
f Project Management and Coordination throughout the Life of the Project 33 Subtask 6.2 Project Meetings and Conference Calls
This task includes attendance at two (2) coordination meetings, as necessary, with the City, the Applicant, and the Project team (in addition to the Project kick-off meeting and Scoping Meeting). This scope of work also assumes four (4) conference calls. The Project Manager will attend/participate in all meetings and conference calls (four (4) hours for a meeting, including preparation and travel time and one (1) hour for a conference call). We understand that meetings may be in person or virtual at the discretion of City staff. Additional meetings/conference calls will be billed on a time-andmaterials basis, based on hourly rates and subject to prior approval.

Subtask 6.2 Deliverables
f Two (2) Meetings with the City, the Applicant, and Project team f Four (4) Conference Calls with the City, the Applicant, and Project team Subtask 6.3 Public Hearings
Psomas will attend up to three (3) public hearings (i.e., Airport Land Use Commission, Planning Commission, and City Council). Psomas will be available to provide advice and input to the City and address questions regarding CEQA; the environmental review process; and the findings of the PEIR analyses, as appropriate. This task assumes public hearings will be attended by the Project Manager and up to two (2) Psomas technical staff. The supporting staff in attendance will be based on the issues that arise out of the public review process. Additional public hearing attendance will be billed on a time and materials basis, based on hourly rates and subject to prior approval.

Subtask 6.3 Deliverables
f Three (3) Public Hearings (i.e., Airport Land Use Commission, Planning Commission, and City Council)
“As the process for
EIRs becomes more
challenging and
complex with time,
it takes a person of
Alia’s tenacity to
move the document
through the process.

We (Shopoff Realty)
are very pleased with
Alia’s dedication
and efforts helping
us through this
complex process.”
James O’Malley
Vice President, Development
Shopoff Realty Investments, LP
34 PROJECT SCHEDULE
This scope of work assumes an approximate 12-month schedule, upon receipt of final information for the Project description. The 12-month schedule for the preparation of the document does not include the approval process for the PEIR. Psomas will work diligently and coordinate closely with the City and Project Team to ensure the PEIR is completed efficiently, on time, and within budget. All time-saving approaches will be utilized to accelerate the schedule. However, Psomas will ensure that time-saving approaches will not jeopardize the quality of the document.

Task Proposed
Schedule Duration
Task 1 – Project Initiation

1.1 Kick-Off Meeting (virtual or in-person) Week 1 1 Day

1.2 Data Collection and Site Visit Weeks 1 and 2 2 weeks

1.3 Prepare Project Description Weeks 3 and 4 2 weeks
City review of the Draft Project Description Week 5 1 week Finalize Project Description Week 6 1 week
Task 2 – Peer Review of Applicant-Prepared Technical Studies/Reports The following studies/reports have been prepared and will be provided to Psomas:
f Biological Resources
f Arborist (assessment of Eucalyptus Windrow)
f Geotechnical Study
f Hydrology Report
f Water Quality Management Plan (WQMP)
f Traffic Study
Weeks 7 through 9 3 weeks
Prepare Peer Review Memoranda Week 10 2 days
City Review of Memoranda Week 10 3 days
Finalize Studies/Reports per Psomas Comments, if any Weeks 11 and 12 2 weeks Task 3 – Initial Study/Notice of Preparation (IS/NOP) and Scoping Meeting

3.1 Prepare Administrative IS/NOP, Notice of Completion (NOC), and Notice of Availability (NOA)
Weeks 11 through 13 3 weeks
City Review of the Administrative IS/NOP, NOC, and NOA Weeks 14 and 15 2 weeks Prepare Pre-Print IS/NOP, Notice of Completion (NOC), and Notice of Availability (NOA)
Weeks 16 and 17 2 weeks
City Review of the Pre-Print IS/NOP, NOC, and NOA Week 18 1 week Finalize IS/NOP for Public Review, NOC, and NOA Week 19 1 week IS/NOP 30-day Public Review Period Weeks 20 through 23 30 days

3.2 Conduct Public Scoping Meeting During week 20 or 21 1 day 35 Task Proposed
Schedule Duration
Task 4 – Draft Program Environmental Impact Report (Draft PEIR)

4.1 Prepare Administrative Draft PEIR Weeks 20 through 26 7 weeks City Review of Administrative Draft PEIR Weeks 27 through 29 3 weeks

4.2 Prepare Public Review Draft PEIR Weeks 30 through 32 3 weeks City Review of Public Review Draft PEIR Weeks 33 and 34 2 weeks

4.3 Prepare Draft PEIR, NOC, and NOA Weeks 35 and 36 2 weeks City Review of Draft PEIR, NOC, and NOA Week 37 3 days
Prepare Draft PEIR for public review Week 37 2 days
Draft PEIR Public Review–Mandatory 45 days Weeks 38 through 43 45 days Task 5: Final Program Environmental Impact Report (Final PEIR)

5.1 - Prepare Administrative Final PEIR and Response to Comments (RTC)/Revisions/Clarifications
Weeks 43 through 45 3 weeks
City Review of Administrative Final PEIR and Responses
to Comments (RTC)/Revisions/Clarifications
Weeks 46 through 48 3 weeks

5.2 - Prepare Public Review Final PEIR, RTC/ Revisions/ Clarifications, and NOD
Weeks 49 and 50 2 weeks
City Review of Public Review Final PEIR, RTC/ Revi-sions/ Clarifications, and NOD
Week 51 1 week
Prepare Final PEIR, RTC/Revisions/Clarifications, and NOD and distribute to commenting agencies
Week 52 1 week

5.3, 5.4 - Prepare Findings of Fact and Statement of Overriding Considerations
Prepare Mitigation Monitoring and Reporting Program
(MMRP)/Prepare Notice of Determination (NOD)
Weeks 46 and 48 3 weeks
City Review of Findings of Fact and Statement of
Overriding Considerations
City Review of MMRP/City Review of NOD
Weeks 49 and 50 2 weeks
Finalize Findings of Fact and Statement of Overriding
Considerations
Finalize MMRP
Week 51 2 weeks
File NOD Upon certification of
the Final EIR
1 day
Task 6: Project Management, Meetings/Conference Calls, and Public Hearings

6.1 Project Management Duration of the Project

6.2 Project Meetings (two meetings, not including the KickOff meeting) and Conference CallsTBD

6.3 Public Hearings (Airport Land Use Commission, Planning Commission, and City Council)
TBD
36 Magnolia Tank Farm Specific Plan Program
Environmental Impact Report
Huntington Beach, CA | City of Huntington Beach
Psomas prepared a Program Environmental Impact Report (PEIR) pursuant to CEQA for the Magnolia Tank Farm Project. Psomas worked closely with the City in preparation of the NOP, draft and final EIRs, and Responses to Comments.

In addition, Psomas conducted a Scoping Meeting and a Planning Commission Study Session.

The project site is located within the Coastal Zone, adjacent to Magnolia Marsh in the City of Huntington Beach. The project site previously contained three oil storage tanks that were demolished in 2017. The Draft PEIR evaluated two development alternatives at an equal level of consideration. The alternatives were identified as the proposed project (mixed-use) and Alternative 1 (residential).

Under the proposed project, the Specific Plan will establish a land use plan and develop standards and guidelines to allow for creation of the proposed mixeduse development comprised of a 211,000 SF lodge/guest house accommodations with a maximum of 215 rooms, including 175 guest rooms and family/group overnight accommodations with 40 rooms; 19,000 SF of ancillary and visitorserving retail and dining; and up to 250 for-sale residential units (at 15 dwelling units per acre). Additionally, the proposed project includes 2.8 acres of Coastal Conservation area adjacent to Magnolia Marsh and 2.8 acres of park. Alternative 1 would eliminate the lodge, guesthouse, and retail components, and would include a residential development at a maximum of 250 residential units (at 11 dwelling units per acre). All other components, including park and open space described above under the proposed project, would remain the same.

REFERENCE
City of Huntington Beach
Ricky Ramos
Senior Planner, Department of
Community Development
714.536.5624
[email protected]

PSOMAS PROJECT DATES
06/2017 - 12/2019
Magnolia Tank Farm Project Site

RELEVANCE TO THIS PROJECT
Coastal City
Residential/Hotel Project
Specific Plan Environmental Impact
Report
Peer Review of Applicant-Prepared
Studies
Relevant Projects and References
Highlighted here are descriptions of Psomas’ experience in successfully providing similar services. Each project includes a reference who can attest to Psomas’ quality of services, capabilities, and competence in managing complex projects.
37 Harbor Pointe Senior Living Project
Environmental Impact Report
Newport Beach, CA | City of Newport Beach
Psomas prepared the Environmental Impact Report (EIR) for the Harbor Pointe Senior Living Project, which is an in-fill senior assisted living and memory care community. The project will involve demolition and removal of the existing approximate 8,800 SF restaurant and associated parking, and construction of an approximately 85,000 SF, three-story assisted living facility, including 101 convalescent and congregate care units (120 beds), ancillary uses, and subsurface parking.

The proposed facility would include living rooms, grill, bistro, dining rooms, fitness room, spa/salon, theater, library, medication rooms, and support uses such as offices, lab, mail room, laundry, and housekeeping. Outdoor amenities such as interior courtyards, a walkway around the structure, and a roof garden on the third level are also proposed.

The key issues are the massing of the building; compatibility with surrounding land uses; aesthetics, including shade and shadow; and construction noise. Addressing community concerns is also a key element of the project.

Psomas worked corroboratively with the City of Newport Beach in preparation of the document and conducted a scoping meeting.

Psomas presented at the study sessions and public hearings.

REFERENCE
City of Newport Beach
Benjamin Zdeba
Senior Planner
949.644.3253
bzdeba@newportbeachca.
gov

PSOMAS PROJECT DATES
03/2016 - 2/2019
Harbor Pointe Senior Living Facility
Harbor Pointe Conceptual Plan

RELEVANCE TO THIS PROJECT
Coastal City
Senior Assisted Living
Environmental Impact Report
Peer Review of Applicant-Prepared
Studies
38 West Alton Parcel Development Plan
Environmental Impact Report
Irvine, CA | Lowe Enterprises, Inc. | Orange County
Psomas prepared an Environmental Impact Report (EIR) for the West Alton Parcel Development Plan located on County of Orange-owned property within the City of Irvine. The project site is located in Planning Area 51, which generally encompasses the former Marine Corps Air Station El Toro (MCAS El Toro). The project site is 44.16 acres, including the Wildlife Movement Corridor and Orange County Flood Control District drainage outlet structures, which together occupy

11.84 acres.

The project proposes an 803-unit, in-fill, multi-family residential development across two planning areas, with 573 units in Planning Area 1 and 230 units in Planning Area 2. Of the total, 112 units (14 percent) will be committed to affordable housing and 8 units (1 percent) will be dedicated as transitional units.

The development is proposed with an average density of 25 dwelling units per acre. Each Planning Area will include a network of parks and open spaces that will provide recreational opportunities for future residential and a defensible space for wildfires.

The West Alton Parcel Development Plan includes
development standards and/or design guidelines that will establish parameters for all future development on the
project site.

Project Site Plan
Project Entry Cross-Section

RELEVANCE TO THIS PROJECT
Environmental Impact Report
In-Fill/Redevelopment
Peer Review of Multiple ApplicantPrepared Studies

REFERENCE
County of Orange
James Campbell
Special Projects Manager
CEO Real Estate
714.227.1011
James.campbell@ocgov.
com

PSOMAS PROJECT DATES
06/2016 - 6/2018
39 Gisler Residential Project
Initial Study/Mitigated Negative Declaration
Huntington Beach, CA | City of Huntington Beach
The project involves construction of an 85-unit single-family detached residential development on an approximately 13.9-acre site with a density of 6.1 dwelling units per gross acre. The site is located at 21141 Strathmoor Lane and is surrounded by single-family residential to the north, east and west, and Gisler Park to the south. The project site is currently developed with a school campus and associated site improvements, which would be demolished to accommodate the project.

The project includes a hierarchy of plant materials including trees, vines, shrubs, and turf throughout the project site. A 0.23-acre passive open space area is provided in the southeast corner of the site and will be planted with turf and vertical trees at its perimeters. Additionally, the project includes improvements to the Gisler Park to the south. The improvements include, but are not limited to, the replacement of the existing concrete pathway that runs throughout the linear park and the replacement of existing tot lot play area. The proposed residential units will be in compliance with the strict Building Efficiency Standards – Title 24 mandated in the 2019 code update.

Gisler Residential Project Site Plan

RELEVANCE TO THIS PROJECT
Environmental Impact Report
In-Fill/Redevelopment
Peer Review of Multiple ApplicantPrepared Studies

REFERENCE
City of Huntington Beach
Ricky Ramos
Senior Planner, Department of
Community Development
714.536.5624
[email protected]

PSOMAS PROJECT DATES
2/2021 - 6/2022
40 The Ritz Carlton Residences Project - Addendum
to the City of Newport Beach General Plan Update
Environmental Impact Report
Newport Beach, CA | City of Newport Beach
The Ritz Carlton Residences Project - Addendum to the City of Newport Beach General Plan Update Environmental Impact Report

RELEVANCE TO THIS PROJECT
Coastal City
In-Fill/Redevelopment
Peer Review of Multiple ApplicantPrepared Studies

REFERENCE
Matthew Schneider
Principal Planner
City of Newport Beach
949.644.3219
[email protected]

PSOMAS PROJECT DATES
12/2021 to 03/2022
Psomas prepared an Addendum to the City of Newport Beach General Plan Update EIR pursuant to CEQA for the Ritz-Carton Residences Project within the 9.53-acre VEA Newport Beach, A Marriott Resort and Spa. The project proposes conversion of up to 30 percent of the existing 532 hotel rooms to hotel branded residences.

The existing southernmost building, Harbor Landing, would be demolished to accommodate construction of the new residential building. The demolition of the Harbor Landing building and interior reconfiguration of the Harbor Point building would result in reduction of 159 hotel units (i.e., removal of 133 units from Harbor Landing and reduction of 26 units of 153 units from Harbor Point).

The new 22-story building would include 159 hotel branded residences, but the total units would remain at 532. The new building is proposed to be up to approximately 295 feet in height, including rooftop appurtenances.

The hotel parking would be provided at a 6-level (4 levels subterranean and 2 levels above ground), 403-space parking structure, which will replace the existing parking structure. For the hotel branded residences, a new 5-level, 429-space subterranean parking structure would be constructed adjacent to the new building.

The proposed project site would include extensive landscape and hardscape areas with pedestrian circulation. The conceptual landscape plan would include a hierarchy of plant materials including trees, vines, shrubs, and turf throughout the project site and in open space areas.

Additionally, a new 8,000-square-foot event lawn would be located along the southern boundary of the property near the new residential building and hotel pool area. The new event lawn would be used for outdoor events with the added function as a terminus for the fire access road.
5 Hutton Centre Drive
Suite 300
Santa Ana, CA 92707
714.751.7373
www.Psomas.com
Balancing the Natural and Built Environment
5 Hutton Centre Drive
Suite 300
Santa Ana, CA 92707
Tel 714.751.7373
www.Psomas.com
April 25, 2022
Art Bashmakian, AICP
Project Manager

CITY OF SEAL BEACH
Community Development Department 211 8th Street
Seal Beach, CA 90740
Subject: Cost Proposal for the Preparation of an Environmental Impact Report (EIR) Dear Mr. Bashmakian:

Psomas is in receipt of the City of Seal Beach’s (City’s) Request for Proposal (RFP) for preparation of an Environmental Impact Report (EIR) for the proposed Old Ranch Country Club Specific Plan (Project or proposed Project). Psomas submits the attached Cost Proposal under separate cover.

We appreciate the opportunity to propose on this interesting and important project, and we look forward to collaborating with the City and the Applicant on a successful CEQA EIR process. As a Vice President, Jim Hunter, is authorized to sign the City of Seal Beach’s Professional Services Agreement for Psomas.

As Project Manager for this contract, Alia will be the primary contact person responsible for day-to-day management for the environmental services pursuant to the City’s RFP. Please contact Alia by phone at 714.481.8065 or by email at [email protected] should you have any questions or require additional information.

Sincerely,
Jim Hunter Alia Hokuki, AICP
Vice President Senior Project Manager
[email protected]
1 Principal-in-ChargeProject ManagerAssist Project ManagerEnvironmental AnalystAQ & Noise ManagerSenior Environmental PlannerTraffic EngineerSenior BiologistSenior ArchaeologistArchaeologistPaleontologistGISEditingWorld ProcessingAdministrative $ 263 $ 225 $ 128 $ 120 $ 220 $ 161 $ 158 $ 150 $ 148 $ 90 $ 90 $ 138 $ 96 $ 116 $ 80 TASK 1 $11,500.00
Subtask 1.1 Kick-Off Meeting 2 10 4 $3,256.00
Subtask 1.2 Data Collection and Site Visit 4 4 10 $2,612.00 Subtask 1.3 Project Description 8 4 16 4 4 4 $5,632.00
TASK 2 $6,340.00
Peer Review of Technical Studies/Reports 6 10 10 12 $6,340.00 TASK 3 $22,432.00
Subtask 3.1 Administrative and Public Review Drafts Initial Study/ Notice of Preparation 4 20 20 30 10 4 14 10 $15,900.00 Subtask 3.2 Public Scoping Meeting 20 15 2 $6,532.00
TASK 4 DRAFT PROGRAM ENVIRONMENTAL IMPACT REPORT $146,594.00 Subtask 4.1 Administrative Draft PEIR 10 100 100 100 60 20 25 20 10 $69,120.00 Air Quality 36 $7,920.00
Cultural Resources and Tribal Cultural Resources 26 20 8 4 $7,368.00 Energy 19 $4,180.00
Greenhouse Gas Emissions 18 $3,960.00
Noise 60 $13,200.00
Subtask 4.2 Public Review Draft PEIR 30 40 60 10 20 10 10 10 6 $29,546.00 Subtask 4.3 Draft PEIR for Public Review 20 10 20 20 10 $11,300.00 TASK 5 $23,057.00
Subtask 5.1 Administrative Final EIR and Responses to Comments (40 hours-Technical staff) 20 10 10 2 4 6 $9,336.00 Subtask 5.2 Public Review Final PEIR and Responses to Comments 20 10 10 10 $8,140.00 Subtask 5.3 Mitigation Monitoring and Reporting Program 1 0 6 2 $1,177.00 Subtask 5.4 Findings of Fact and Statement of Overriding Considerations 4 2 20 4 4 $4,404.00 TASK 6 $22,470.00
Subtask 6.1 Project Management 60 $13,500.00
Subtask 6.2 Project Meetings/Conference Calls (2 meetings, 4 hours each; 4 calls, 1 hour each) 12 4 $3,180.00 Subtask 6.3 Public Hearings (3 hearings, 5 hours each) 15 15 $5,790.00 Total Labor $232,393.00 $232,393.00
REIMBURSABLE COSTS $6,000.00
$1,400.00
$500.00
$2,000.00
$1,000.00
$600.00
Miscellaneous $500.00
Total Hours/Cost 16 350 226 295 153 105 10 42 30 8 4 51 36 78 20 $238,393.00 $238,393.00

ENVIRONMENTAL PROCESS INITIATION
Reprographics
Mailings/Deliveries
Mileage
Environmental Data Resources (EDR)

OLD RANCH COUNTRY CLUB SPECIFIC PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT City of Seal Beach
Task Name Task Description

SUPPORT SERVICES TOTALS
Total Fees Task Total

PEIR PREPARATION TEAM

PEER REVIEW OF APPLICANT-PREPARED TECHNICAL STUDIES/REPORTS

PROJECT MANAGEMENT, MEETINGS/CONFERENCE CALLS, AND PUBLIC HEARINGS

FINAL PEIR AND RELATED DOCUMENTS

INITIAL STUDY/NOTICE OF PREPARATION AND SCOPING MEETING Cultural Resources Records Searches (SCCIC and NHM)

EXHIBIT B

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program.

Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day’s work.

Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Consultant shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.

Professional Services
Agreement for an
Environmental Impact
Report with Psomas
J ULY 2 5, 2 0 22

PURPOSE OF THE PROFESSIONAL

SERVICES AGREEMENT
• Development application submitted for the Old Ranch Country Club • Proposed Specific Plan includes:
• Addition of a 150-room hotel
• Addition of 103-unit assisted living facility
• Addition of 51-unit senior housing project with 25,340 SF medical office • Parking garage
• Modifications to the clubhouse, driving range, and other amenities • Staff determined an EIR is necessary

PSOMAS PROPOSAL
• Program EIR to evaluate environmental conditions and potential impacts of proposed development under the California Environmental Quality Act (CEQA) • Approach commonly used for Specific Plans
• Approximate timeline of 1 year
• Estimated cost of $238,393
• Paid by applicant

PSOMAS SCOPE OF WORK
• Project description
• Initial Study, Notice of Preparation, Scoping Meeting • Program EIR
• Aesthetics, Agriculture and Forest Resources, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Greenhouse Gas, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use, Mineral Resources, Noise, Population/Housing, Public Services, Utilities, Traffic, Wildfire • Peer reviews for Biological Resources and specialized assessment of the Eucalyptus Windrow, Geotechnical, Traffic
PSOMAS SCOPE OF WORK (Cont.)
• Public review period for Draft Program EIR
• Response to comments
• Final Program EIR for public review and public hearings Questions?
1 Gloria Harper
From: Schelly Sustarsic
Sent: Tuesday, July 26, 2022 11:51 AM
To: Alexa Smittle
Cc: Gloria Harper; Jill Ingram
Subject: FW: Emailed Comments & PowerPoint Presentation - Psomas Importance: High
Alexa,
I received the comments below last night before the meeting from my EQCB Commissioner. I was reading the other emails sent out by Gloria at the time and did not notice this in time to include in my discussion.

Please forward this information from Ms. Showalter to Psomas and include in the records of last night’s meeting.

Thank you.

Schelly
From: Catherine Showalter <[email protected]>
Sent: Monday, July 25, 2022 6:49 PM
To: Schelly Sustarsic <[email protected]>
Subject: RE: Emailed Comments & PowerPoint Presentation - Revised Regarding Psomas Importance: High
Thank you, Schelly. I will read them over.

I am very concerned about the air quality implications for the operation and construction phases as mentioned on page 349. See below – my highlights.

Depending on the intensity and duration of project related construction activities and the proximity of these activities to existing residential uses, a Health Risk Assessment (HRA) may be necessary to address these environmental impacts. As an optional task, Psomas can conduct a HRA for the exposure of the Project site to both freeway and aircraft emissions, as well as the health risk associated with the Project’s construction activities. The cost for the HRA is dependent on a broad array of factors and will be provided, if requested by the City. CEQA generally requires an analysis of potential project related impacts to the environment and not the effects of the environment on the Project site. It is noted that, upon Project initiation, we propose to have a discussion with the City regarding the most appropriate air quality approach. It is important to minimize any potential public comments in regard to technical adequacy of the analysis.

Catherine
From: Schelly Sustarsic [mailto:[email protected]] Sent: Monday, July 25, 2022 6:43 PM
To: Catherine Showalter <[email protected]>
Subject: FW: Emailed Comments & PowerPoint Presentation - Revised Regarding Psomas Catherine,
2 Attached are the questions that I submitted earlier today. I just got them a bit ago and have noted them yet. I wanted to pass the information on to you.

Thank you
Schelly
Sent from my Verizon, Samsung Galaxy smartphone
Agenda Item L

AGENDA STAFF REPORT
DATE: July 25, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Acting Director of Public Works
SUBJECT: Declaration of a Level 2 Water Supply Shortage ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council:

1. Open and conduct a public hearing to receive input regarding the declaration of a Level 2 Water Supply Shortage; and,

2. Adopt Resolution 7319 declaring a Level 2 water supply shortage as mandated by the State Water Resources Control Board; and,

3. Direct staff to implement additional water conservation public education and use restrictions to conserve water.

BACKGROUND AND ANALYSIS:

The State of California is in its third consecutive year of dry conditions, resulting in drought in all parts of the State and extreme or exceptional drought in most of the State. On four separate occasions in 2021, Governor Newsom urged Californians to reduce their water use by issuing proclamations of the state of emergency due to severe drought conditions. The proclamations directed agencies to take immediate action to preserve critical water supplies. Unfortunately, the water savings from the proclamations were minimal, prompting the Governor to bring forth an Executive Order to combat the State’s declining water supply.

In late March, Executive Order N-7-22 was issued ordering the State Water Resources Control Board (State Board) to consider adopting emergency regulations to reduce water demand and improve water conservation. On May 24, 2022, the State Board adopted Resolution No. 2022-0018, an emergency drought response regulation, mandating that each urban water supplier, which the City is defined as, implement its Level 2 demand reduction actions as identified in the supplier’s water shortage contingency plan. This emergency regulation went into effect on June 10, 2022.

Page 2 ends
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