A G E N D A
MEETING OF THE CITY COUNCIL
Monday, September 8, 2025 ~ 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California
LISA LANDAU
MAYOR
Third District
NATHAN STEELE
MAYOR PRO TEM
Fifth District
JOE KALMICK
COUNCIL MEMBER
First District
BEN WONG
COUNCIL MEMBER
Second District
PATTY SENECAL
COUNCIL MEMBER
Fourth District
This Agenda contains a brief general description of each item to be considered. No action or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law. Supporting documents, including agenda staff reports, and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available on the City’s website at www.sealbeachca.gov.
City Council meetings are broadcast live on Seal Beach TV-3 and on the City's website (www.sealbeachca.gov). Check SBTV-3 schedule for the rebroadcast of meetings. The meetings are also available on demand on the City’s website (starting 2012).
In compliance with the Americans with Disabilities Act of 1990, if you require disability related modifications or accommodations, including auxiliary aids or services to attend or participate in the City Council meeting, please call the City Clerk's office at (562) 431-2527 at least 48 hours prior to the meeting.
Teleconference Notice: One or more Council Members are expected to participate remotely during this meeting for “just cause” pursuant to AB 2449, Government Code Section 54953(f). A quorum of the City Council will be physically present at the designated meeting location. Members of the public may access the meeting and provide public comment using Microsoft Teams at the following link, https://teams.microsoft.com/l/meetupjoin/19%3ameeting_NDk5YzdlYzctOWNmMi00MzBlLThmMjAtNGRiZTRhMWZhODgy %40thread.v2/0?context=%7b%22Tid%22%3a%221015260c-6f1d-4f86-999d32ce9675f4f9%22%2c%22Oid%22%3a%2288bb98e8-2146-4b98-a500-3caa2b15e618%22%7d or by signing in using the meeting ID 243 320 078 429 6.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
COUNCIL ROLL CALL
PRESENTATIONS / RECOGNITIONS
• Hunger Action Month Proclamation – September 2025
• National Day of Remembrance Proclamation – September 11, 2025
ORAL COMMUNICATIONS
At this time members of the public may address the Council regarding any items within the subject matter jurisdiction of the City Council. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Matters not on the agenda may, at the Council's discretion, be referred to the City Manager and placed on a future agenda.
Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for review should be presented to the City Clerk for distribution. Speaker cards will be available at the Clerk’s desk for those wishing to sign up to address the Council, although the submission of a speaker card is not required in order to address the Council.
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS
ORDINANCES
By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda.
CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney
CITY MANAGER REPORT Patrick Gallegos, City Manager
COUNCIL COMMENTS
General Council Member comments and reporting pursuant to AB 1234.
COUNCIL ITEMS
A. City Council Contract Approval Discussion - Conduct a discussion related to City Council contract approval.
CONSENT CALENDAR
Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members.
B. Approval of the City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on August 11, 2025.
C. Monthly Investment Report (September 8, 2025) - Receive and file.
D. Demand on City Treasury (Fiscal Year 2026) - Ratification.
E. Agreement for Sharing Consultant Costs for 2025 Urban Water Management Plans with Municipal Water District of Orange County - That the City Council adopt Resolution 7685: 1. Approving the Agreement for Sharing Consultant Costs for the 2025 Urban Water Management Plans with the Municipal Water District of Orange County (Agreement) for a not-toexceed total of $49,595; and, 2. Authorizing the City Manager to execute the Agreement on behalf of the City; and, 3. Authorizing the City Manager to approve additional work requests up to $10,000 in connection with the Agreement.
F. Approving and Authorizing Amendment 1 to the On-Call Professional Maintenance Services Agreement with Lance Edward Unkovich dba Free Lance Masonry for Concrete and Masonry Maintenance and Repair Services - That the City Council adopt Resolution 7686: 1. Approving Amendment 1 to the On-Call Professional Maintenance Services Agreement for concrete and masonry maintenance and repair services with Lance Edward Unkovich dba Free Lance Masonry, dated October 3, 2022, as previously extended, to: (a) to extend the term of the Agreement for a third extension from October 3, 2025 through October 3, 2026; (b) supplementing the scope of services for the second extension by the additional services set forth in Exhibit A-1; (c) to authorize an increase in total contract compensation by $86,225.00, which includes $11,225.00 for the second extension (revising second extension total compensation amount to $46,225.00) and the not-toexceed sum of $75,000 for third extension, for a total not-to-exceed revised contract amount of $191,225; and, 2. Authorizing and directing the City Manager to execute Amendment 1 on behalf of the City.
G. Approving and Authorizing the Transfer of the Public Works Superintendent Classification to the Mid-Management and Confidential Employees Association Bargaining Unit and Temporarily Amending the Position’s Job Classification - That the City Council adopt Resolution 7687:
1. Approving the transfer of the Public Works Superintendent classification’s bargaining unit from Seal Beach Supervisors & Professionals Association to Mid-Management and Confidential Employees Association, effective September 8, 2025; and, 2. Corrects the job classification’s exempt status for the period from June 23, 2025 through September 8, 2025 and confirming that the position will be exempt thereafter; and, 3. Authorizing the City Manager, or their designee, to execute all necessary documents and take actions required to classify the Public Works Superintendent in the new bargaining unit.
H. Approving an Amendment to the Classification Plan and Position Allocation Plan; and Designating the Pay Grade and Status of the Human Resources Manager Classification - That the City Council adopt Resolution 7688: 1. Authorizing an amendment to the Classification Plan to add the Human Resources Manager position, and designating this job classification to Grade 36 on the Seal Beach Full-Time Pay Schedule; and, 2.
Amending the Fiscal Year 2025-26 Position Allocation Plan to include one (1) full-time Human Resources Manager.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING – None
UNFINISHED / CONTINUED BUSINESS – None
NEW BUSINESS
I. Consideration of Award of Public Works Agreement to Covenant Technical Solutions, Inc., and Approval of Amendment 3 to Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. for Engineering Services, Professional Services Agreement with Butier Engineering, Inc. for Construction Management and Inspection Services, and Authorization to Enter Into a New Orange County Water District Producer Well Construction Loan Agreement, and Approval for Budget Amendment BA #26-03-03, for the Lampson Well Treatment System Project, CIP WT1902 - That the City Council adopt Resolution 7689: 1.
Approving the plans, specifications, and contract documents for the Lampson Well Treatment System Project, CIP WT1902 (Project); and, 2. Sustaining the bid protest of Metro Builders & Engineers Group, Ltd. (Metro Builders), and rejecting the bid of apparent low bidder, RE Chaffee Construction, Inc. (Chaffee), as non-responsive; and, 3. Awarding a Public Works Agreement with Covenant Technical Solutions, Inc. (CTS) for the Project in the not-toexceed amount of $5,649,257, overruling the bid protest filed by Metro Builders contending that the bid was non-responsive, finding that CTS is the lowest responsible bidder, waiving minor bid irregularities in the bid, and rejecting all other bids; and, 4. Authorizing the City Manager to execute the Public Works Agreement with Covenant Technical Solutions, Inc. for the Project; and authorizing the City Manager to approve additional work requests and construction support/testing/inspection services up to $565,000 (approximately 10%), in connection with the Project; and, 5. Approving Amendment 3 to the Professional Services Agreement with Pacific Advanced Civil Engineer, Inc. for Engineering Services extending the term through and including June 30, 2028, and increasing the compensation by $144,870 for a revised total not-to-exceed amount of $586,475 for the Project; and, 6.
Approving a Professional Services Agreement with Butier Engineering, Inc. for Construction Management and Inspection Services for the Project in the notto-exceed amount of $494,722, and rejecting all other proposals; and, 7.
Authorizing the City Manager to execute a Professional Services Agreement for Construction Management and Inspection Services with Butier Engineering, Inc. for the Project; and authorizing the City Manager to approve additional construction management and inspection services up to $50,000 (approximately 10%), in connection with the Project; and, 8. Approving and Authorizing the City Manager to execute a new Orange County Water District Producer Well Construction Loan Agreement reflecting an updated loan amount of $7,000,000; and, 9. Directing the City Manager to accept and expend the revised Orange County Water District Producer Well Construction Loan Agreement amount; and, 10. Approving Budget Amendment BA #26-03- 03 in the amount $2,550,000 for CIP WT1902.
J. 8th and 10th Street Parking Lots & ADA Ramps, CIP BP2402, - ADA Improvement Design Options - That the City Council adopt Resolution 7690 approving the 8th and 10th Street Parking Lots & ADA Ramps, CIP BP2402, ADA improvement Design Option 1B, and direct staff to proceed with detailed design plans.
K. Notice of Intent to Overrule the Airport Land Use Commission (ALUC) for Orange County’s Finding of Housing Element, Zoning Code Amendment and Main Street Specific Plan Amendment Inconsistency - That the City Council adopt Resolution 7691: 1. Notifying the Orange County Airport Land Use Commission and the Division of Aeronautics of the California Department of Transportation of the City’s intention to find that the General Plan 2021-2029 Housing Element Update, Zoning Code Amendment, and Main Street Specific Plan Amendment are consistent with the purposes of the State Aeronautics Act and overrule the Orange County Airport Land Use Commission’s determination that the Housing Element Update, Zoning Code Amendment and Main Street Specific Plan (MSSP) Amendment are inconsistent with the 2017 Joint Forces Training Base Los Alamitos Airport Environs Land Use Plan; and, 2. Authorizing the City Manager to submit Resolution 7691 to the Orange County Airport Land Use Commission and the State Division of Aeronautics, and schedule a public hearing pursuant to Public Utilities Code Section 21676.
ADJOURNMENT
Adjourn the City Council in memory of Seal Beach Resident and Planning Commissioner Richard Coles to Monday, September 22, 2025 at 5:30 p.m. to meet in closed session, if deemed necessary.
CITY COUNCIL NORMS:
Adopted on June 12, 2023
• Maintain a citywide perspective, while being mindful of our districts. • Move from I to we, and from campaigning to governing. • Work together as a body, modeling teamwork and civility for our community. • Assume good intent.
• Disagree agreeably and professionally.
• Utilize long range plans to provide big picture context that is realistic and achievable. • Stay focused on the topic at hand. Ensure each member of Council has an opportunity to speak.
• Demonstrate respect, consideration, and courtesy to all. • Share information and avoid surprises.
• Keep confidential things confidential.
• Respect the Council/Manager form of government and the roles of each party. • Communicate concerns about staff to the City Manager; do not criticize staff in public.
CIVILITY PRINCIPLES:
Treat everyone courteously;
Listen to others respectfully;
Exercise self-control;
Give open-minded consideration to all viewpoints;
Focus on the issues and avoid personalizing debate; and, Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.
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1 Brandon DeCriscio
From: JO8N <[email protected]>
Sent: Monday, September 8, 2025 7:58 AM
To: Lisa Landau; Nathan Steele; Joe Kalmick; Ben Wong; Patty Senecal; Patrick Gallegos; Michael Henderson; [email protected]; Gloria Harper; Brandon DeCriscio; Karen Pickering; Ask City Hall; budget; [email protected]; Joe Bailey; Alexa Smittle; Barbara Arenado; Iris Lee; Tim Kelsey; Shaun Temple; Deb Machen; Anthony Nguyen; Nicholas Nicholas; Mike Ezroj; Julia Clasby; [email protected]; editor2 @sunnews.org; [email protected]; Brian Gray; Nick Bolin; [email protected]; Megan Coats; Jessica Salvador; Chris Hendrix; [email protected]; [email protected]; [email protected];
[email protected]; [email protected];
[email protected]; [email protected];
[email protected]; [email protected]; [email protected]; [email protected]
Subject: Public Comment - THE SPIRIT Without Limit - Seal Beach City Council Meeting 9/8/25 Thank You Alexa
RE: Hunger Action Month Proclamation - Do not work for food that spoils, but for food that endures to eternal life.
We have enough food to feed everyone, distribution is the problem.
Psychedelic Communitas: Intersubjective Experience During Psychedelic Group Sessions Predicts Enduring Changes in Psychological Wellbeing and Social Connectedness https://doi.org/10.3389/fphar.2021.623985
Exploring the Therapeutic Effects of Psychedelics Administered to Military Veterans in Naturalistic Retreat Settings https://onlinelibrary.wiley.com/doi/10.1002/brb3.70660
Improvements in well-being following naturalistic psychedelic use and underlying mechanisms of change in older adults: A prospective cohort study
https://doi.org/10.21203/rs.3.rs-3977169/v1
‘This is medicine’: inside the psilocybin retreat for US first responders https://www.theguardian.com/us-news/2024/dec/29/psilocybin-therapy-first-responders Transformative experience and social connectedness mediate the mood-enhancing effects of psychedelic use in naturalistic settings
https://doi.org/10.1073/pnas.1918477117
Cosmology of belonging: The role of community in the therapeutic use of psychedelics https://pmc.ncbi.nlm.nih.gov/articles/PMC12145490/
Psychedelic-Assisted Group Therapy: A Systematic Review https://pmc.ncbi.nlm.nih.gov/articles/PMC6650145/
Psychedelics and connectedness to natural and social worlds: An examination of the evidence and a proposed conceptual framework
https://doi.org/10.1016/j.copsyc.2025.101992
Request for Proposal (RFP)
For New Legal Representation
City of Seal Beach
Collaborative Medical Facility & Low Income Housing Community Development 2 I. Introduction
The City of Seal Beach invites proposals for new legal representation to advance a transformative civic initiative: the establishment of a collaborative medical and community facility developed in partnership with the Naval Weapons Station Seal Beach, Indigenous Kizh/Tongva/Gabrieleño Tribes, local First Responders, the Leisure World Retirement Community, California State University Long Beach, and the University of California Irvine.
This project demands a law firm that combines municipal expertise, environmental stewardship, and the ability to structure complex multi-party agreements. The City recognizes that its current representation under Richards, Watson & Gershon (RWG) has not met the standard required for this moment.
RWG’s history of counsel has set forth an example of clear Brown Act violations which allow staff to weaponize fraudulent concealment against the public, failed to recognize the legal intricacies of protected religious practice without correcting the record, hindered innovative legal strategies, and failed to anticipate opportunities that could position Seal Beach as a regional leader in collaborative, health-focused, and culturally inclusive development. A new partner is required.
II. Background & Project Vision
Seal Beach stands at a crossroads. With the support of local institutions, Indigenous leadership, military partnerships, and academic stakeholders, the City has the opportunity to establish a medical and community facility that will:
Provide public health and elder care services,
Advance academic medical research through CSU Long Beach and UC Irvine, Honor Indigenous heritage and stewardship,
Deliver veteran, military, and first responder wellness programs, And create a model for collaborative urban development.
Legal representation must be capable not only of navigating the regulatory landscape but also of embracing innovative frameworks, as seen in progressive municipalities like Oakland, which in 2019 became one of the first U.S. cities to decriminalize natural psychedelics. This precedent illustrates a forward-looking municipal legal culture that values community health, cultural respect, and science-based reform. Best Best & Krieger should seek guidance from organizations such as Decriminalize Nature Oakland, Heroic Hearts Project, Johns Hopkins Palliative Care Medicine Program, etc. to enhance the project's alignment with environmental and cultural considerations unique to Seal Beach. The city deserves counsel with the capacity to learn from and transcend these groundbreaking frameworks in order to safely and responsibly heal the community.
III. Scope of Services
The selected legal partner will be expected to:
1. Land Use & Zoning Approvals
o Secure entitlements through the City, County, and California Coastal Commission. o Advise on zoning modifications to enable multi-institutional medical development and indigenous low income housing.
2. Environmental & Natural Resources Law
o Conduct and defend CEQA review.
o Protect wetlands, coastal habitats, and cultural resources.
3. Multi-Party Agreements
3 o Draft and negotiate intergovernmental agreements with the U.S. Navy. o Structure MOUs, JPAs, or public-private partnerships between the City, universities, Indigenous representatives, and retirement communities.
o Ensure enforceable consultation and benefit-sharing mechanisms with Indigenous peoples.
4. Innovative Municipal Strategy
o Provide counsel that anticipates future-forward governance models, learning from examples such as Oakland’s natural psychedelic decriminalization ordinance, and improving upon safe supervision.
o Position Seal Beach as a leader in collaborative, health-centered governance rather than a follower constrained by illogical frameworks.
IV. Firm Qualifications – Best Best & Krieger LLP
The City identifies Best Best & Krieger LLP (BB&K) as uniquely qualified to provide this representation. Tier 1 Metropolitan Rankings in Municipal Law, Land Use & Zoning Law, and Environmental Litigation (Oakland) demonstrate BB&K’s excellence in California’s most progressive urban contexts. Extensive experience representing municipalities and public agencies across California, including water districts, transit authorities, and cities managing environmentally sensitive development. Natural Resources & Environmental Law practice directly aligns with Seal Beach’s stewardship responsibilities near the Naval Weapons Station and coastal zones. Track Record in Complex Multi-Party Agreements: BB&K has advised joint powers authorities, regional water boards, and large-scale infrastructure projects requiring negotiation between federal, state, and local agencies. For example, BB&K attorneys have structured agreements for:
o Southern California water management partnerships,
o Regional transit governance bodies,
o Public-private development projects integrating municipal, state, and community stakeholders.
This experience positions BB&K to facilitate Seal Beach’s ambitious multi-institutional project.
V. Why Change Representation?
The City recognizes that Seal Beach’s current representation by Richards, Watson & Gershon (RWG) has:
Failed to deliver innovative legal strategies for complex, multi-stakeholder initiatives including water and housing.
Advised for state interests above City interests, thereby missing opportunities for creative partnerships with federal and academic institutions.
Demonstrated inadequate engagement with Indigenous legal frameworks and cultural consultation. Maintained a narrow, transactional approach to municipal law, unsuited to Seal Beach’s transformative vision of community wellness.
Allowed clear Brown Act violations and failed to recognize the legal intricacies of protected religious practice.
By contrast, BB&K has demonstrated adaptability in urban contexts like Oakland, where legal innovation intersected with public health reform through decriminalization of natural psychedelics — a precedent Seal Beach may learn from in building a community-based, wellness-oriented facility.
VI. Proposal Requirements
4 Interested firms, including BB&K, must provide:
1. Demonstrated experience in land use, CEQA, and Coastal Commission approvals.
2. Specific examples of multi-party agreements facilitated between municipal, federal, academic, and community partners.
3. Strategy for integrating Indigenous consultation as a formal and enforceable element of project governance.
4. Vision for how Seal Beach can innovate beyond traditional municipal frameworks, drawing lessons from progressive precedents.
VII. Conclusion
Seal Beach is prepared to set a new standard in collaborative urban development and community wellness. The City seeks legal counsel capable of not only guiding the project through regulatory processes but also navigating the limits of municipal governance to deliver a health-focused, culturally inclusive, and environmentally sound civic project.
Best Best & Krieger LLP is identified as one of the strongest candidates to replace RWG and provide Seal Beach with the representation it deserves. The City Council now has the opportunity to demand excellence by selecting a firm that will ensure Seal Beach leads, rather than lags, in California’s municipal innovation.
I Am A Local Seal Beach Resident That Went To McGaugh K-5 With Many Children Of NWSSB. As I Have Matured, I Have Become Increasingly Aware Of The Unique Challenges Facing Military, Law Enforcement, First Responders, And Their Loved Ones. I Have Witnessed Multiple Veteran Tragedies— Including Addiction, Suicide, Divorce, And Preventable Death, First Hand— Which I Realize Is Only A Miniscule Fraction Of What To Military, Law Enforcement, And First Responders Witness Everyday. Can We Try To Help Heal This National Problem Together Locally?
My Collaborative Proposal Unites The National NWSSB, The Local City Of Seal Beach, The Elderly Leisure World, The Native Kizh/Tongva/Gabrieleño Tribe, CSULB, And UC Irvine For A Fully Legal, Locally Grown Psychedelic Therapy And End Of Life Care Initiative. Given The Passage Of The Douglas Mike Day Psychedelic Therapy to Save Lives Act of 2023, Decriminalization Of Naturally Growing Psychedelics In Some California Jurisdictions And Nearby States, The Native Burial Sites Unearthed On The Sacred Land Of Seal Beach And CSULB, The Restoration Of The Los Cerritos Wetlands In Seal Beach, And The Recent Psychedelic Therapy Education Announcement From UC Irvine, I Believe The Time To Act Is Now.
Through Collaboration, We Can Build A Multidisciplinary Medical Facility Across The Street From Leisure World That Trains And Facilitates Urgent/Emergency Military, First Responder, And End Of Life Psychedelic Experiences As Its Highest Priority. With Guidance From The Civilian Programs At CSULB And UCI, The Facility Can Also Give Military Medical Personnel And Civilian First Responder Personnel Training To Best Take Care Of Their Own And Respond To Difficult Psychedelic Or Mental Health Experiences That Occur In Unsupervised Settings.
The Facility Would Include Adjacent Native American Low Income Housing To Grow Natural Psychedelics And A Large Community Garden, Allowing Those That Have Psychedelic Experiences To Have Grounded Integration In The Pace Of Nature And Everyday Life Through Gardening. While Remembering The History Of This Sacred Land And The Wisdom Carried By Its Lineage, We Can Reciprocate Our American Culture's Newfound Need For Evidence-Based Natural Psychedelic Therapies.
5 I Was In 2nd Grade When 9/11 Happened, And Many GWOT Veterans Stress That Terror Attacks On Our Homeland Are Currently Being Planned. Rather Than Succumb To The Division Across Political Lines Leaving Us Vulnerably Separated, Can We Unite As A Community And Serve As An Example For The Rest Of The Nation Before It Is Too Late? Furthermore, Many GWOT Veterans Feel Honored That They Were Able To Show The People Of The Middle East True Freedom Is Possible. However, Is It Always An Unsustainable Proposition To Free People From Terrorism/Dictatorship/Communism Through Outside Force? As The Recent Calls For Iran To Free Themselves From Within Show, We Currently Have No Weapon Systems To Provide The Rest Of The World With The Courage To Speak Freely That Is Required For Revolution. The First Amendment Is The Foundation Of Our Nation's Life, Liberty, And Pursuit Of Happiness, And The Entire World Deserves That As Well. To Ignore, Discount, Ridicule, Or Punish The Many Veterans That Have Courageously Testified To Truly Life-Saving Psychedelic Healing Is To Be A Part Of Global Terror And Not A Part Of America's Freedom.
The Smartest Surfer In The World: Cliff Kapono | Let It Kill You (Grow Coral Reefs Or Artificial Reefs On The Ocean Floor In Seal Beach To Alter The Breaks)
https://www.youtube.com/watch?v=St59ecWsD3o
Doctors find drug that is better than aspirin at preventing heart attacks - Clopidogrel https://www.theguardian.com/society/2025/aug/31/doctors-find-drug-that-is-better-than-aspirin-at-preventing-heartattacks-clopidogrel NSIDE America's Deadliest Chinese Mafia Drug Network Operating in Maine | Borderland #91 Ironclad - Steve Robinson, investigative journalist and executive producer of the documentary High Crimes, to discuss his investigation into illegal marijuana grows in Maine. Robinson reveals how many of these operations are controlled by Chinese organized crime, exploiting loopholes in state cannabis laws and using dangerous pesticides that pose health risks. He also examines the connections between these grows, broader drug trafficking networks, political complicity, and the implications for local communities and U.S. national security. (IMO This is so widespread across the U.S. because of lack of Cannabis integration into local ecology/economy by artificially propping up big business Cannabis with licensing fees, state taxes vs local taxes) https://www.youtube.com/watch?v=wswAe0Qf6dQ
We Found the Hidden Cost of Data Centers. It's in Your Electric Bill - More Perfect Union https://www.youtube.com/watch?v=YN6BEUA4jNU
Reexamining Lackluster Productivity Growth in Construction - Daniel Garcia https://www.federalreserve.gov/econres/feds/files/2023052r1pap.pdf JO8N
On Monday, August 11th, 2025 at 5:16 PM, JO8N <[email protected]> wrote:
I Just Think The Water Thing Is Inevitable. The City Is Being Forced To Ship In Water At High Cost Already. I Am Concerned About The Well Closest To The Coast Due To Saltwater Intrusion, So I Hope That Is Not A Bad Investment In The Longer Term Future. I Am Concerned With The Burden On College Park East's Water System Given The New Developments In Los Alamitos And The Proposed Development In The Seal Beach Housing Element. I Am Sad If Any Leisure World Resident Truly Cannot Afford The Water Increases Rather Than Simply Being Inconvenienced. Is There Potential To Micro-finance Scholarships Or Grants To Residents In Need? I Agree With My Neighbor That The Naval Weapons Station Is Not Contributing Equally When You Really Think About Water Rates And Land Development Potential. I Do Not Attribute Malice As They Are Clearly Busy Doing Their Own Thing. Could My Proposed Medical Facility Be A Beneficial Solution For All Parties? Does Anyone Else Have Any Big Picture Proposals/Ideas They Are Willing To Share In City Council Meetings? For The Water Thing, I Would Have Liked To See Words Like Inter-District Equity Guarantee Or Rate Stabilization Reserve To Make Residents Feel More Comfortable.
Agenda Item B
AGENDA STAFF REPORT
DATE: September 8, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the City Council Minutes
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council approve the minutes of the Regular City Council meeting held on August 11, 2025.
BACKGROUND AND ANALYSIS:
This section does not apply.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
There is no financial impact for this item.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council approve the minutes of the Regular City Council meeting held on August 11, 2025.
SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Patrick Gallegos
Gloria D. Harper, City Clerk Patrick Gallegos, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk
ATTACHMENTS:
A. Minutes - Regular Session, August 11, 2025
Seal Beach, California
August 11, 2025
The City Council met in Regular Session at 7:00 p.m. in the City Council Chambers.
Council Member Senecal led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Landau
Council Members: Kalmick, Wong, Senecal, Steele
Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Patrick Gallegos, City Manager
Michael Henderson, Police Chief
Alayna Hoang, Finance Manager
Craig Covey, Orange County Fire Authority Division 1 Chief Joe Bailey, Marine Safety Chief
Brandon DeCriscio, Deputy City Clerk
Nick Nicholas, Police Captain
Tim Kelsey, Recreation Manager
Sean Low, Deputy Director of Public Works
David Spitz, Associate Engineer
Sean Sabo, Management Analyst
Shaun Temple, Planning Manager
Deb Machen, Executive Assistant
Michael LaPlante, Cross Connection Specialist
PRESENTATIONS / RECOGNITIONS
• Service Clubs Month Proclamation – September 2025
ORAL COMMUNICATIONS
Mayor Landau opened oral communications. Speakers: Ellery Deaton, and Charlie Kluger addressed the City Council. Mayor Landau closed oral communications.
Seven (7) supplemental communications were received after the posting of the agenda; they were distributed to the City Council and made available to the public.
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND
ORDINANCES
Council Member Senecal pulled item G for separate consideration.
Council Member Wong moved, second by Council Member Kalmick to approve the agenda.
AYES: Kalmick, Wong, Landau, Senecal, Steele
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
CITY ATTORNEY REPORT
City Attorney Ghirelli had nothing to report.
CITY MANAGER REPORT
City Manager Gallegos announced his attendance at a meeting with Orange County Fire Authority (OCFA) leadership, and the Seal Beach Police Department’s National Night Out.
Additionally, City Manager Gallegos announced his upcoming attendance at the State of the State Breakfast on August 12, 2025, at Old Ranch Country Club.
COUNCIL COMMENTS
Council Member Wong reported that he met with residents regarding the proper water and sewer rate adjustments.
Council Member Kalmick reported his attendance at the Orange County Fair Elected Officials Dinner, the Orange County Fire Authority (OCFA) Human Resources Committee, the Seal Beach Police Department National Night Out, and the Junior Lifeguard Banquet.
Council Member Senecal thanked the Recreation Department and the College Park East Homeowners Association for their work on the College Park East Summer Send Off event.
Additionally, Council Member Senecal acknowledged the Chamber of Commerce for all their work serving the community.
Finally, Council Member Senecal reported that she met with residents regarding the Water and Wastewater Utility Rate Study, and her attendance at the Airport Land Use Commission meeting.
Mayor Pro Tem Steele announced that he met with several residents and Leisure World community groups regarding the proposed water and sewer rate adjustments.
Additionally, Mayor Pro Tem Steele reported his attendance at the State of the County Luncheon.
Mayor Landau reported that she met with several residents regarding the proposed water and sewer rate adjustments.
Additionally, Mayor Landau reported her attendance at the Seal Beach Police Department National Night Out.
COUNCIL ITEMS
A. Housing Element Update - Receive and file.
Mayor Landau called upon Director of Community Development Smittle.
Director of Community Development Smittle provided an in-depth presentation on the Housing Element.
Council’s questions and concerns were addressed by Director of Community Development Smittle.
Mayor Pro Tem Steele moved, second by Council Member Kalmick to receive and file the Housing Element Update.
AYES: Kalmick, Wong, Landau, Senecal, Steele
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
CONSENT CALENDAR
Mayor Pro Tem Steele moved, second by Mayor Landau to approve the recommended actions on the consent calendar with the exception of Item G.
B. Demand on City Treasury (Fiscal Year 2026) - Ratification.
C. Approval of the City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on July 28, 2025.
D. Notice of Completion for the Arterial Paving Program, Seal Beach Boulevard from Westminster Avenue to North Gate Road, CIP O-ST-3 - That the City Council adopt Resolution 7681: 1. Accepting the Arterial Paving Program, Seal Beach Boulevard from Westminster Avenue to North Gate Road, CIP O-ST-3, by All American Asphalt in amount of $1,421,646.41; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.
E. Amendments to Professional Service Agreements with Lisa Wise Consulting, Inc. - That the City Council adopt Resolution 7682: 1. Approving Amendment 2 to Professional Service Agreement with Lisa Wise Consulting, Inc., to provide professional services related to the 2021-2029 Housing Element Update, extending the term to December 31, 2025; and, 2. Approving Amendment 2 to Professional Service Agreement with Lisa Wise Consulting, Inc., to provide professional services revising portions of Title 11 of the Municipal Code to implement the 2021-2029 Housing Element, extending the term to December 31, 2025; and, 3. Authorizing the City Manager to execute each Amendment on behalf of the City.
F. Amendment 2 to the Professional Services Agreement with Stantec Consulting Services, Inc. - That the City Council adopt Resolution 7683: 1. Approving Amendment 2 to the Professional Services Agreement with Stantec Consulting Services, Inc., extending the term to December 31, 2025; and, 2. Directing the City Manager to execute Amendment 2 on behalf of the City.
G. Amendment 3 to the Professional Services Agreement with Holistic System Integration Solutions - That the City Council adopt Resolution 7684: 1. Approving Amendment 3 to the Professional Services Agreement with Holistic System Integration Solutions to approve an increase in compensation of $15,000 for continued post-implementation support of Tyler Technologies’ Enterprise Permitting and Licensing (EPL) Land Management Software System for a revised total not-to-exceed amount of $35,000; and, 2. Directing the City Manager to execute Amendment 3 on behalf of the City.
The vote below is for the Consent Calendar Items with the exception of Item G.
AYES: Kalmick, Wong, Senecal, Steele, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
G. Amendment 3 to the Professional Services Agreement with Holistic System Integration Solutions - That the City Council adopt Resolution 7684: 1. Approving Amendment 3 to the Professional Services Agreement with Holistic System Integration Solutions to approve an increase in compensation of $15,000 for continued post-implementation support of Tyler Technologies’ Enterprise Permitting and Licensing (EPL) Land Management Software System for a revised total not-to-exceed amount of $35,000; and, 2. Directing the City Manager to execute Amendment 3 on behalf of the City.
Mayor Landau called upon City Manager Gallegos.
City Manager Gallegos called upon Director of Community Development Smittle to provide an overview of the staff report.
Council Member Senecal and Mayor Pro Tem Steele’s questions and concerns were addressed by Director of Community Development Smittle.
Mayor Landau moved, second by Council Member Kalmick to adopt Resolution 7684: 1.
Approving Amendment 3 to the Professional Services Agreement with Holistic System Integration Solutions to approve an increase in compensation of $15,000 for continued post-implementation support of Tyler Technologies’ Enterprise Permitting and Licensing (EPL) Land Management Software System for a revised total not-to-exceed amount of $35,000; and, 2. Directing the City Manager to execute Amendment 3 on behalf of the City.
AYES: Kalmick, Wong, Landau, Senecal, Steele
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
Mayor Landau requested that a discussion item related to contracts that are approved by City Council and the type of information that is included in Staff Reports be agendized for a future meeting. Council Consensus was reached.
PUBLIC HEARING
H. Proposition 218 Protest Public Hearing – Water Rate and Sewer Rate Adjustments - 1. That the City Council conduct a public hearing to accept comments on the proposed water and sewer rate adjustments; and, 2. Upon the conclusion of the public hearing, that the City Council adopt Resolution 7668 responding to timely filed written objections to the proposed water and sewer rates pursuant to the requirements of Assembly Bill 2257; and, 3. Upon the conclusion of the public hearing, provided a majority protest against the proposed water rates does not exist, that City Council adopt Resolution 7669 establishing the water rates, effective August 1, 2025; and, 4. Upon the conclusion of the public hearing, provided a majority protest against the proposed sewer rates does not exist, that City Council adopt Resolution 7670 establishing the sewer rates, effective August 1, 2025; and, 5. Receive and file the Water and Wastewater Financial Plan and Rate Study, prepared by Raftelis Financial Consultants, Inc., dated June 17, 2025, as presented to the City Council at this meeting and on file in the office of the City Clerk.
Mayor Landau called upon Deputy City Clerk DeCriscio to provide an overview of the Proposition 218 process.
Mayor Landau called upon Director of Public Works Lee to provide an in-depth report of the staff report and address the public’s concerns.
Mayor Landau opened the Public Hearing. Speakers: Glenn Libby, James Jenson, Patty Campbell, Charlie Kluger, Matthew Terry, Hope Horning, Eugena Yasnogorodsky, Theresa Miller, Ellery Deaton, Catherine Showalter, Jerry Pieretti, and Rick Mansour addressed the City Council. Mayor Landau closed the Public Hearing.
Mayor Pro Tem Steele provided a presentation in support of the original proposal.
A discussion ensued between the Council Members, Director of Public Works Lee, City Attorney Ghirelli, and Finance Manager Hoang.
Deputy City Clerk DeCriscio announced that the City received written protests against the proposed rate adjustments for water service representing 431 parcels out of a total of 5,614 parcels.
Additionally, he announced that the City received written protests against the proposed rate adjustments for sewer service representing 426 parcels out of a total of 5,076 parcels.
Neither the water or sewer written protests constitute a majority protest.
Council Member Senecal moved, second by Council Member Wong to direct staff to return at a future City Council meeting with a revised rate study that reduced the number of Capital Improvement Projects from 11 to five (5), includes provisions to pay for loans, and include sufficient funding for a full cost of service study with an RFP issued within six (6) months.
AYES: Senecal, Landau
NOES: Kalmick, Wong, Steele
ABSENT: None
ABSTAIN: None
Motion failed.
Mayor Pro Tem Steele moved, second by Council Member Wong to adopt Resolution 7668 responding to timely filed written objections to the proposed water and sewer rates pursuant to the requirements of Assembly Bill 2257; and, 3. Upon the conclusion of the public hearing, provided a majority protest against the proposed water rates does not exist, that City Council adopt Resolution 7669 establishing the water rates, effective August 1, 2025; and, 4. Upon the conclusion of the public hearing, provided a majority protest against the proposed sewer rates does not exist, that City Council adopt Resolution 7670 establishing the sewer rates, effective August 1, 2025; and, 5. Receive and file the Water and Wastewater Financial Plan and Rate Study, prepared by Raftelis Financial Consultants, Inc., dated June 17, 2025, as presented to the City Council at this meeting and on file in the office of the City Clerk.
AYES: Kalmick, Wong, Landau, Senecal, Steele
NOES: Senecal, Landau
ABSENT: None
ABSTAIN: None
Motion carried
UNFINISHED/CONTINUED BUSINESS
There were no unfinished/continued business items.
NEW BUSINESS
There were no new business items.
ADJOURNMENT
Mayor Landau adjourned the City Council meeting in memory of Seal Beach Resident and Community Member Nicole Stewart at 10:12 p.m. to Monday, September 8, 2025, at 5:30 p.m. to meet in closed session, if deemed necessary. __________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved:___________________________
Lisa Landau, Mayor
Attested:____________________________
Gloria D. Harper, City Clerk
Agenda Item E
AGENDA STAFF REPORT
DATE: September 8, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Agreement for Sharing Consultant Costs for 2025 Urban Water Management Plans with Municipal Water District of Orange County
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7685:
1. Approving the Agreement for Sharing Consultant Costs for the 2025 Urban Water Management Plans with the Municipal Water District of Orange County (Agreement) for a not-to-exceed total of $49,595; and,
2. Authorizing the City Manager to execute the Agreement on behalf of the City; and,
3. Authorizing the City Manager to approve additional work requests up to $10,000 in connection with the Agreement.
BACKGROUND AND ANALYSIS:
California Water Code 10621(a) requires water suppliers (including wholesalers), either publicly or privately owned, that provide water for municipal purposes to more than 3,000 customers or supply more than 3,000 acre-feet annually to submit an updated Urban Water Management Plan (UWMP) to the California Department of Water Resources (DWR) at least once every five (5) years. The next UWMP update is due no later than July 1, 2026.
The UWMP provides the DWR with a comprehensive and forward-looking assessment of the City’s water supply and demand. Spanning a 25-year planning period, structured in five (5)-year intervals, the plan evaluates how the City’s current and future water needs align with available resources. It quantifies current and future water demand and assesses supply reliability across three scenarios:
normal year, single-dry year, and multiple-dry years, identifying supply reliability
under the three (3) hydrological conditions. The 2025 UWMP will update and replace the 2020 version, incorporating the latest data, assumptions, and planning practices to guide sustainable water management.
The City prepared its first UWMP in 2000. That initial plan incorporated the sixteen Best Management Practices (BMPs) for water demand management, as adopted by the California Urban Water Conservation Council (CUWCC). These BMPs were also approved by City Council in conjunction with the authorization of the Orange County Sanitation District Cooperative Projects contracts. Since then, the City has consistently updated its UWMP in accordance with the required five (5)-year schedule, incorporating all relevant legislative and regulatory changes from the State.
As in prior years, Municipal Water District of Orange County (MWDOC) will be taking the lead role in coordinating the 2025 UWMP update on behalf of the agencies within its service area. This regional approach is well-suited for this task, as several key elements of the UWMP require a collaborative planning framework.
Utilizing a single consultant to prepare UWMPs for multiple agencies has proven effective in past cycles, helping to reduce costs and promote consistency across the individual plans.
To initiate the 2025 UWMP update, MWDOC solicited proposals on behalf of the 24 participating agencies. The proposals received were reviewed and evaluated by a selection panel made up of MWDOC staff and several participating agencies.
After a thorough review process, the panel recommended Carollo Engineers, Inc. (Carollo) as the most qualified consultant to prepare the 2025 UWMP.
To participate in this program, the City will need to enter into an agreement with MWDOC to pay its proportionate share in a not-to-exceed amount of $49,545. Staff further recommends establishing a contingency of $10,000 for additional work or incorporation of optional tasks to achieve full DWR compliance. Once the draft UWMP is complete, staff will return to City Council for formal review and approval prior to its final submission to DWR.
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 the approval of an agreement with MWDOC will not have a significant effect on the environment.
LEGAL ANALYSIS:
The City Attorney has reviewed the agreement and approved as to form.
FINANCIAL IMPACT:
Carollo submitted a proposal to MWDOC with a base cost of $1,055,890, along with optional contingency tasks totaling $360,327. The City of Seal Beach’s proportionate share of the base cost is $49,595.
A list of optional contingency items was developed to support participating agencies, as detailed in Exhibit B of the Agreement. It is recommended that a $10,000 contingency be established for potential additional work necessary for full compliance with DWR requirements.
Funding for the City’s share of the Agreement is included in the adopted FY 2025-2026 budget and will be allocated from the Water Enterprise Fund.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7685:
1. Approving the Agreement for Sharing Consultant Costs for the 2025 Urban Water Management Plans with the Municipal Water District of Orange County (Agreement) for a not-to-exceed total of $49,595; and,
2. Authorizing the City Manager to execute the Agreement on behalf of the City; and,
3. Authorizing the City Manager to approve additional work requests up to $10,000 in connection with the Agreement.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Sean Sabo, Management Analyst
ATTACHMENTS:
A. Resolution 7685
B. Agreement with MWDOC for Sharing Consultant Costs for 2025 Urban Water Management Plans
RESOLUTION 7685
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT FOR SHARING CONSULTANT COSTS FOR 2025
URBAN WATER MANAGEMENT PLANS WITH MUNICIPAL WATER
DISTRICT OF ORANGE COUNTY
WHEREAS, the California Water Code 10621(a) requires water suppliers that provide water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre-feet annually, including the City of Seal Beach (City), to submit an updated Urban Water Management Plan (UWMP) to the State Department of Water Resources (DWR) at least once every five (5) years; and,
WHEREAS, the City last submitted its 2020 UWMP in 2021, and the City’s 2025 UWMP must now be prepared and submitted to the DWR by July 1, 2026; and, WHEREAS, the Municipal Water District of Orange County (MWDOC) provides a range of support services to its member agencies; and,
WHEREAS, pursuant to California Water Code 10620(d)(3), the City wishes to coordinate the preparation of its 2025 UWMP, and MWDOC has agreed to lead the 2025 UWMP update through an agreement for sharing consultant costs with the participating member agencies; and,
WHEREAS, the member agencies share many water supply characteristics, including water sources, regional water management agencies, location, climate history, and demographics; and,
WHEREAS, the City desires to enter into a cost-sharing agreement for the 2025 UWMP with MWDOC to ensure compliance and obtain economies of scale thereby reducing preparation time and cost for the City.
NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows:
Section 1. Based on the recitals set forth above, the City Council hereby approves the Agreement for Sharing Consultant Costs for 2025 Urban Water Management Plans with Municipal Water District of Orange County (Agreement) in a total not-to-exceed amount of $49,595.
Section 2. The City Council hereby authorizes and directs the City Manager to execute the Agreement with MWDOC on behalf of the City.
Section 3. The City Council hereby authorizes the City Manager to approve additional work requests up to $10,000 in connection with the Agreement.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of September 2025 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Lisa Landau, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7685 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8th day of September 2025.
Gloria D. Harper, City Clerk
* Participating Agency pursuant to separate Master Agreement with MWDOC. 1 AGREEMENT FOR SHARING CONSULTANT COSTS FOR
2025 URBAN WATER MANAGEMENT PLANS
This AGREEMENT is made and entered into as of, ___________ 2025, by and between 1) City of Buena Park
2) City of Fullerton*
3) City of Garden Grove
4) City of La Palma
5) City of Orange
6) City of Seal Beach
7) City of Tustin
8) City of Westminster
9) Yorba Linda Water District
10) East Orange County Water District
11) City of Anaheim*
12) City of Fountain Valley
13) City of Newport Beach
14) City of Santa Ana*
15) City of Huntington Beach
16) Mesa Water District
17) City of San Clemente
18) Santa Margarita Water District
19) South Coast Water District
20) Trabuco Canyon WaterDistrict
21) Laguna Beach County Water District
22) City of Brea
23) City of La Habra
(collectively "Participating Agencies" and individually "Participating Agency") and the Municipal Water District of Orange County ("MWDOC"). The Participating Agencies and MWDOC are collectively referred to as "Parties."
RECITALS
WHEREAS, under California Water Code section 10621(a), the Participating Agencies are required to update their respective Urban Water Management Plan ("UWMP") at least once every five years; and
WHEREAS, the 2025 UWMP's shall be updated and submitted to the California Department of Water Resources (“DWR”) by July 1, 2026; and WHEREAS, each Participating Agency has the responsibility to prepare a separate 2025 UWMP for submission by July 1, 2026; and
Cost Sharing Agreement for 2025 UWMP
2 WHEREAS, the Participating Agencies share many water supply characteristics, including water sources, regional water management agencies, location, climate history, and demographics; and
WHEREAS, pursuant to California Water Code section 10620, subdivision (d)(3), the Participating Agencies wish to coordinate the preparation of their 2025 UWMPs in the interest of reducing preparation costs; and
WHEREAS, the Participating Agencies and MWDOC desire to cooperate with each other to obtain economies of scale and thereby reduce preparation costs for each of the Participating Agencies; and
WHEREAS, MWDOC and the Participating Agencies have jointly prepared and agreed to a Scope of Work that was incorporated into a Request for Proposals. In response, two consulting firms submitted proposals which were reviewed by a panel comprised of representatives of MWDOC and several Participating Agencies and which resulted in the selection of Carollo Engineers, Inc. ("Consultant") as the consultant to prepare UWMPs for the Participating Agencies (the “Work”); and WHEREAS, MWDOC and its staff are willing to coordinate this process, including the preparation and administration of a professional services agreement with the Consultant; and the administration of the cost sharing provisions of this Agreement; NOW, THEREFORE, in consideration of the payment of money as set forth below and the mutual promises of the Parties hereto, it is agreed:
1. Engagement of Consultant and Administration of Consultant Agreement
1.1 MWDOC shall award a professional services agreement for the work identified in the Request for Proposals to Consultant ("Consultant Agreement").
MWDOC shall use its standard professional services agreement form for the Consultant Agreement with minor negotiated deviations permitted by MWDOC General Manger and Legal Counsel and require appropriate types and limits of insurance coverage. Each CGL policy shall identify MWDOC and its directors, officers, agents, employees, attorneys, consultants and authorized volunteers, the Participating Agencies and their respective directors, officials, officers, agents, employees, attorneys, consultants and authorized volunteers, as additional insureds, or be endorsed to identify these parties as additional insureds using a form acceptable to MWDOC. The Consultant Agreement will require the Consultant's insurer(s) to waive all rights of subrogation against MWDOC and its directors, officers, agents, employees, attorneys, consultants and authorized volunteers, and the Participating Agencies and their respective directors, officials, officers, agents, employees, attorneys, consultants and authorized volunteers. The Consultant Agreement will require Consultant to ensure that its sub-consultants, if any, provide similar insurance coverage.
Cost Sharing Agreement for 2025 UWMP
3 1.2 MWDOC shall coordinate all aspects of the proposed work with Consultant and communicate with each Participating Agency, regularly and upon request of the Participating Agency, regarding the status and substance of its 2025 UWMP.
1.3 MWDOC shall withhold the final payment until such time as every Participating Agency has notified MWDOC that it is satisfied with the final UWMP prepared for it by Consultant.
1.4 Each Participating Agency shall, within a reasonable timeframe, provide all documents, information and assistance requested by the selected contractor during the performance of the Consultant Agreement.
1.5 Each Participating Agency acknowledges that costs may fluctuate as DWR releases the Draft UWMP Guidebook and participating agencies decide whether or not to participate.
2. Cost Sharing by Participating Agencies
2.1 MWDOC shall:
2.1.1 Collect from each Participating Agency upon execution of this Agreement the full amount of the Participating Agency’s proportionate share of the total cost of the Work as described in the Contractor’s proposal, which is in Exhibits A and B.
2.1.2 Inform each Participating Agency of any proposed additional work under the Consultant Agreement that relates to preparation of that Participating Agency's 2025 UWMP and that would result in an increase in that Participating Agency's payment under this Agreement. MWDOC andthe affected Participating Agency must both first approve such additional work in writing before MWDOC will notify Consultant to proceed with the work. Exhibit B includes each Participating Agency’s base cost with elected additional items and may be updated pursuant to this section.
Exhibit B will be incorporated into this Agreement by this reference, subject to any approved updates.
2.1.3 Be responsible for making progress payments directly to Consultant from funds paid to MWDOC by Participating Agencies (see section 1.3) for approved additional work.
2.1.4 Prepare a final accounting and either distribute any remaining funds collected from the Participating Agencies back to the Participating Agencies or issue a final bill to Participating Agencies if there are funds due.
2.2 EachParticipating Agency shall:
2.2.1 Pay to MWDOC upon execution of this Agreement the full amount of the Cost Sharing Agreement for 2025 UWMP
4 Participating Agency’s proportionate share of the total cost of the Work as described in the Contractor’s proposal, which is in Exhibit A.
2.2.2 Pay to MWDOC, upon approval of any additional work under the Consultant Agreement that relates to preparation of its 2025 UWMP, the full amount owed for the approved additional work. Each Participating Agency shall bear all costs associated with extra work it approves, described within Exhibits A and B, incorporated into this Agreement by reference.
3. Accounting
Upon request of any Participating Agency, MWDOC will provide copies of the selected Consultant's invoices and MWDOC's payment records.
4. Independent Contractor
Any consultant engaged by MWDOC on behalf of the Participating Agencies as contemplated in this Agreement will not be a party to this Agreement and will not be an employee or agent of MWDOC or any of the Participating Agencies, either as a result of this Agreement or as a result of a professional services agreement between MWDOC andthe Consultant. Any consultant engaged as contemplated in this Agreement will be an independent contractor to MWDOC.
5. Warranty, Indemnification and Defense
MWDOC shall use its best efforts in administering the Consultant Agreement, but makes no representations, guarantees or warranties to the Participating Agencies as to the quality or timeliness of work product provided by Consultant pursuant to the Consultant Agreement. All losses or liabilities resulting from any and all actions, claims, penalties, obligations or liabilities, in law or in equity, of every kind or nature whatsoever, that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in any manner directly or indirectly connected with any work contemplated by this Agreement shall be subject to the indemnification described in this section. Each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed or occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No Party, nor any officer, board member, employee or agent thereof, shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Parties hereto, their officers, board members employees, or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to any other Parties under this Agreement.
Cost Sharing Agreement for 2025 UWMP
5 6. Notice
Any notice or communication required to be given under this Agreement shall be in writing and effective when deposited, first class postage prepaid with the United States Postal Service addressed to the contracting Parties as follows:
Notice to Parties
If to:
1. MWDOC Harvey De La Torre, General Manager
Municipal Water District of OrangeCounty
18700 Ward St.
Fountain Valley, CA 92708
2. City of Buena Park Aaron France, City Manager
City of Buena Park
6650 Beach Blvd.
Buena Park, CA 90622
3. City of Fullerton Pursuant to Master Agreement
4. City of Garden Grove Lisa Kim, City Manager
City of Garden Grove
P.O. Box 3070
Garden Grove, CA 92842
5. City of La Palma Michael Egan, Interim City Manager
City of La Palma
7822 Walker Street
La Palma, CA 90623
6. City of Orange Jarad Hildenbrand, City Manager
City of Orange
P.O. Box 449
Orange, CA 92866
7. City of Seal Beach Patrick Gellegos, City Manager
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
8. City of Tustin Aldo Schindler, City Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780
9. Yorba Linda Water
District
Mark Toy, General Manager
Yorba Linda Water District
1717 E. Miraloma Avenue
Placentia, CA 92870
10. City of Westminster Christine Cordon, City Manager
City of Westminster
8200 WestminsterBlvd.
Westminster, CA 92683
Cost Sharing Agreement for 2025 UWMP
6 11. East Orange County
Water District
David Youngblood, General Manager
East Orange County Water District
185 N. McPherson Rd.
Orange, CA 92869
12.City of Anaheim Pursuant to Master Agreement
13. City of Fountain Valley Ted Bui, Mayor
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, CA 92708
14. City of Newport Beach Grace Leung, City Manager
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92663
15. City of Santa Ana Pursuant to Master Agreement
16. City of Huntington Beach Howard Johnson, Utilities Manager City of Huntington Beach
19001 Huntington Street
Huntington Beach, CA 92648-2211
17. Mesa Water District Paul Shoenberger, General Manager Mesa Water District
1965 Placentia Avenue
Costa Mesa, CA 92627-3420
18. City of San Clemente Andy Hall, City Manager
City of San Clemente
100 AvenidaPresidio
San Clemente, CA 92672
19. Santa Margarita Water
District
Robert Grantham, General Manager
Santa Margarita Water District
26111 Antonio Pkwy
Ranch Santa Margarita, CA 92688
20. South Coast Water District Rick Shintaku, General Manager South Coast Water District
31592 West Street Laguna Beach, CA 92651
21. Trabuco Canyon Water
District
Fernando Paludi, General Manager
Trabuco Canyon Water District
32003 Dove Canyon Drive
Trabuco Canyon, CA 92679
Cost Sharing Agreement for 2025 UWMP
7 22. Laguna Beach County
Water District
Keth Van Der Maaten, General Manager
Laguna Beach County Water District
306 3rd Street
Laguna Beach, CA 92651
23. City of Brea Kristin Griffith, City Manager
City of Brea
1 Civic Center Circle Brea,
CA 92821
24. City of La Habra Jim Sadro, Executive Director
City of La Habra
P.O. Box 337
La Habra, CA 90633-0337
7. Jurisdiction andVenue
In all matters concerning the validity, interpretation, performance, or effect of this Agreement, the laws of the State of California shall govern and be applicable. The Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that venue of any action brought hereunder shall be in Orange County, California.
8. Counterparts and Facsimile
This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. All Parties have participated in the drafting of this Agreement.
9. Severability
If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, the legality, validity, and enforceability of the remaining provisions shall not be affected thereby.
10. Term
This Agreement shall commence upon the date of the earliest execution by any Participating Agency below and shall extend thereafter through the completion of all work product generated by the Consultant and delivered to MWDOC and to each Participating Agency. The scheduled completion date by the Consultant is July 1, 2026. MWDOC shall issue a Notice of Completion to all Participating Agencies upon close-out of the Consultant Agreement. Notwithstanding anything to the contrary in this Section 10, this Agreement may be terminated earlier by MWDOC in its discretion upon or after termination of the Consultant Agreement.
Cost Sharing Agreement for 2025 UWMP
8 11. Entire Agreement
This Agreement contains the entire agreement of the Parties relating to the subject matter hereof; and the Parties have made no agreements, representations, or warranties, either written or oral, relating to the subject matter hereof that are not set forth herein. Except as provided herein, this Agreement may not be modified or altered without prior written approval from Parties.
IN WITNESS WHEREOF, the Parties have hereunto affixed their names as of the day and year thereinafter written, which shall be and is the effective date of This Agreement.
Execution of Agreement by Parties
1. Municipal Water District of Orange
County
Date: ________________________
By:____________________________
Harvey De La Torre, General Manager
Municipal Water District of Orange County
Approved as to Form:
Date: _______________________
By: _________________________
Joseph Byrne
General Counsel
2. City of Buena Park Date: _________________________
By: ___________________________
Aaron France, City Manager
City of Buena Park
Approved as to Form:
Cost Sharing Agreement for 2025 UWMP
9 Date: _________________________
By: ___________________________
City Attorney
3. City of Garden Grove Date: _________________________ By: ___________________________
Lisa Kim, City Manager
City of Garden Grove
Approved as to Form:
Date: _________________________
By: ___________________________
City Attorney
4. City of La Palma Date: _________________________
By: ___________________________
Michael Egan, Interim City Manager
City of La Palma
Approved as to Form:
Date: _________________________
By: ___________________________
City Attorney
Cost Sharing Agreement for 2025 UWMP
10 5. City of Orange Date: _________________________
By: ___________________________
Jarad Hildenbrand, City Manager
City of Orange
Approved as to Form:
Date: _________________________
By: ___________________________
City Attorney
6. City of Seal Beach Date: _________________________
By: ___________________________
Patrick Gallegos, City Manager
City of Seal Beach
Approved as to Form:
Date: _________________________
By: ___________________________
City Attorney
7. City of Tustin Date: _________________________
By: ___________________________
Aldo Schindler, City Manager
City of Tustin
9/4/2025
Cost Sharing Agreement for 2025 UWMP
11 Approved as to Form:
Date: _________________________
By: ___________________________
City Attorney
8. Yorba Linda Water District Date: _________________________ By: ___________________________
Richard Mark Toy, General Manager
Yorba Linda Water District
Approved as to Form:
Date: _________________________
By: ___________________________
District Counsel
9. City of Westminster Date: _________________________
By: ___________________________
Christine Cordon, City Manager
City of Westminster
Approved as to Form:
Date: _________________________
By: ___________________________
City Attorney
Cost Sharing Agreement for 2025 UWMP
12 10. East Orange County Water District Date: _________________________ By: ___________________________
David Youngblood, General Manager
East Orange County Water District
Approved as to Form:
Date: _________________________
By: ___________________________
District Counsel
11. City of Fountain Valley Date: _________________________ By: ___________________________
Ted Bui, Mayor
City of Fountain Valley
Approved as to Form:
Date: _________________________
By: ___________________________
Attorney for the City
12. City of Newport Beach Date: _________________________ By: ___________________________
Grace Leung, City Manager
City of Newport Beach
Cost Sharing Agreement for 2025 UWMP
13 Approved as to Form:
Date: _________________________
By: ___________________________
City Attorney
13. City of Huntington Beach
a municipal corporation of the State of
California Date: _________________________
By: ___________________________
Pat Burns, Mayor
City of Huntington Beach
Date: _________________________
By: ___________________________
Lisa Lane Barnes, City Clerk
Approved as to Form:
Date: _________________________
By: ___________________________
Michael Vigliotta, City Attorney
14. Mesa Water District Date: _________________________ By: ___________________________
Paul Shoenberger, General Manager
Mesa Water District
Approved as to Form:
Cost Sharing Agreement for 2025 UWMP
14 Date: _________________________
By: ___________________________
District Counsel
15. City of San Clemente Date: _________________________ By: ___________________________
Andy Hall, City Manager
City of San Clemente
Approved as to Form:
Date: _________________________
By: ___________________________
Elizabeth A. Mitchell, City Attorney
16. Santa Margarita Water District Date: _________________________ By: ___________________________
Robert Grantham, General Manager
Santa Margarita Water District
Approved as to Form:
Date: _________________________
By: ___________________________
District Counsel
Cost Sharing Agreement for 2025 UWMP
15 17. South Coast Water District Date: _________________________ By: ___________________________
Rick Shintaku, General Manager
South Coast Water District
Approved as to Form:
Date: _________________________
By: ___________________________
District Counsel
18. Trabuco Canyon Water District Date: _________________________ By: ___________________________
Fernando Paludi, General Manager
Trabuco Canyon Water District
Approved as to Form:
Date: _________________________
By: ___________________________
District Counsel
19. Laguna Beach County Water District Date: _________________________ By: ___________________________
Keith Van Der Maaten, General Manager
Laguna Beach County Water District
Cost Sharing Agreement for 2025 UWMP
16 Approved as to Form:
Date: _________________________
By: ___________________________
District Counsel
20. City of Brea Date: _________________________
By: ___________________________
Kristin Griffith, City Manager
City of Brea
Approved as to Form:
Date: _________________________
By: ___________________________
City Attorney
21. City of La Habra Date: _________________________
By: ___________________________
Jim Sadro, City Manager
City of La Habra
Approved as to Form:
Date: _________________________
By: ___________________________
City Attorney
Cost Sharing Agreement for 2025 UWMP
17 EXHIBIT A
Consultant Agreement
55401.00000\43859268.1
DRAFT 06/06/25
AGREEMENT FOR CONSULTANT SERVICES
This AGREEMENT for consulting services dated August 4, 2025, which includes all exhibits and attachments hereto, “AGREEMENT” is made on the last day executed below by and between MUNICIPAL WATER DISTRICT OF ORANGE COUNTY, hereinafter referred to as "DISTRICT," and, CAROLLO ENGINEERS, INC. hereinafter referred to as "CONSULTANT" for Preparation of 2025 Urban Water Management Plans, hereinafter referred to as “SERVICES.”
1 DISTRICT and CONSULTANT are also
referred to collectively herein as the “PARTIES” and individually as “PARTY”. The PARTIES agree as follows:
I PURPOSE AND SCOPE OF WORK
A. Consulting Work
DISTRICT hereby contracts with CONSULTANT to provide general or special SERVICES, as more specifically set forth in Exhibit "B" attached hereto and incorporated herein, and in coordination with “PARTICIPATING AGENCIES”, as more specifically set forth in Exhibit “C”2. Tasks other than those specifically described therein shall not be performed without prior written approval of DISTRICT's General Manager.
B. Independent Contractor
CONSULTANT is retained as an independent contractor for the sole purpose of rendering professional and/or special SERVICES described herein and is not an agent or employee of DISTRICT. CONSULTANT shall be solely responsible for the payment of all federal, state and local income tax, social security tax, Workers’ Compensation insurance, state disability insurance, and any other taxes or insurance CONSULTANT, as an independent contractor, is responsible for paying under federal, state or local law. CONSULTANT is thus not eligible to receive workers’ compensation, medical, indemnity or retirement benefits, including but not limited to enrollment in CalPERS. Unless, expressly provided herein, CONSULTANT is not eligible to receive overtime, vacation or sick pay. CONSULTANT shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of DISTRICT. CONSULTANT shall have the sole and absolute discretion in determining the methods, details and means of performing the SERVICES required by DISTRICT. CONSULTANT shall furnish, at his/her own expense, all labor, materials, equipment and transportation necessary for the successful completion of the SERVICES to be performed under this AGREEMENT. DISTRICT shall not have any right to direct the methods, details and means of the SERVICES; however, CONSULTANT must receive prior written approval from DISTRICT before using any sub-consultants for SERVICES under this AGREEMENT.
CONSULTANT represents and warrants that in the process of hiring CONSULTANT’s employees who participate in the performance of SERVICES, CONSULTANT conducts such lawful screening of those employees (including, but not limited to, background checks and Megan’s Law reviews) as are appropriate and standard for employees who provide SERVICES of the type contemplated by this Agreement.
1 Pursuant to Section 8002 of the District’s Administrative Code, the District’s “Ethics Policy” set forth at sections 7100-7111 of the Administrative Code is attached hereto as Exhibit “A” and incorporated herein by this reference.
2 The PARTIES acknowledge that the list of PARTICIPATING AGENCIES as set forth in Exhibit “C” is subject to modification by addendum.
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2 C. Changes in Scope of Work
If DISTRICT requires changes in the tasks or scope of work shown in Exhibit "B" or additional work not specified therein, DISTRICT shall prepare a written change order. If CONSULTANT believes work or materials are required outside the tasks or scope of work described in Exhibit “B,” it shall submit a written request for a change order to the DISTRICT.
A change order must be approved and signed by the PARTIES before CONSULTANT performs any work outside the scope of work shown in Exhibit “B.” DISTRICT shall have no responsibility to compensate CONSULTANT for such work without an approved and signed change order. Change orders shall specify the change in the budgeted amount for SERVICES.
D. Standard of Care.
CONSULTANT shall perform the services required hereunder in accordance with the prevailing engineering standard of care by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of California.
E. DISTRICT Provided Information and Services.
The DISTRICT shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT’s services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required; furnish to CONSULTANT services of others required for the performance of CONSULTANT's services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by the DISTRICT or others in performing CONSULTANT's services under this AGREEMENT.
F. Estimates and Projections.
CONSULTANT has minimal control over the cost of labor, materials, equipment or services furnished by others, over the incoming water quality and/or quantity, or over the way the DISTRICT’s plant and/ or associated processes are operated and/or maintained. Data projections and estimates are based on CONSULTANT’s opinion based on experience and judgment. CONSULTANT cannot and does not guarantee that actual costs and/or quantities realized will not vary from the data projections and estimates prepared by CONSULTANT and CONSULTANT will not be liable to and/or indemnify the DISTRICT and/or any third party related to any inconsistencies between CONSULTANT’s data projections and estimates and actual costs and/or quantities realized by the DISTRICT and/or any third party in the future.
II TERM
This AGREEMENT shall commence upon the date of its execution and shall extend thereafter for the period specified in Exhibit "B" or, if no time is specified, until terminated on thirty (30) days notice as provided herein.
III BUDGET, FEES, COSTS, BILLING, PAYMENT AND RECORDS
A. Budgeted Amount for Services
CONSULTANT is expected to complete all SERVICES within the Budgeted Amount set forth on Exhibit "B.” The total compensation for the SERVICES to be performed under this AGREEMENT shall not exceed the Budgeted Amount unless modified as provided herein.
Upon expending and invoicing the DISTRICT 80% of the Budgeted Amount, CONSULTANT shall prepare and provide to DISTRICT a “cost to complete” estimate for the remaining SERVICES. The PARTIES shall work together to complete the project within the agreed-upon Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B 55401.00000\43859268.1
3 Budgeted Amount, but the obligation to complete the SERVICES within the Budgeted Amount lies with the CONSULTANT.
B. Fees
Fees shall be billed per the terms and conditions and at the rates set forth on Exhibit "B" for the term of the AGREEMENT. Should the term of the AGREEMENT extend beyond the period for which the rates are effective, the rates specified in Exhibit "B" shall continue to apply unless and until modified by consent of the PARTIES.
C. Notification Clause
Formal notices, demands and communications to be given hereunder by either PARTY shall be made in writing and may be effected by personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mailing. If the name or address of the person to whom notices, demands or communication shall be given changes, written notice of such change shall be given, in accordance with this section, within five (5) working days.
Notices shall be made as follows:
Municipal Water District of Orange County
Harvey De La Torre
General Manager
18700 Ward Street, P.O. Box 20895
Fountain Valley, CA 92708
Carollo Engineers, Inc.
Inge Wiersema, PE, ENV SP
Water Resources Practice Director,
Senior Vice President
707 Wilshire Boulevard, Suite 3920
Los Angeles, CA 90017
D. Billing and Payment
CONSULTANT's fees shall be billed by the 25th day of the month for the previous month’s activities. Invoices received by the 25th day of the month will be paid by DISTRICT by the end of the following month. Invoices shall reference the Purchase Order number from DISTRICT.
DISTRICT shall review and approve all invoices prior to payment. CONSULTANT agrees to submit additional supporting documentation to support the invoice if requested by DISTRICT. If DISTRICT does not approve an invoice, DISTRICT shall send a notice to CONSULTANT setting forth the reason(s) the invoice was not approved. CONSULTANT may re-invoice DISTRICT to cure the defects identified in the DISTRICT notice. The revised invoice will be treated as a new submittal. If DISTRICT contests all or any portion of an invoice, DISTRICT and CONSULTANT shall use their best efforts to resolve the contested portion of the invoice.
E. Billing Records
CONSULTANT shall keep records of all SERVICES and costs billed pursuant to this AGREEMENT for at least a period of seven (7) years and shall make them available for review and audit if requested by DISTRICT.
IV DOCUMENTS
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4 All MATERIALS as defined in Paragraph XI below, related to SERVICES performed under this AGREEMENT shall be furnished to DISTRICT upon completion or termination of this AGREEMENT, or upon request by DISTRICT, and are the property of DISTRICT.
V TERMINATION
Each PARTY may terminate this AGREEMENT at any time upon thirty (30) days written notice to the other PARTY, except as provided otherwise in Exhibit "B.” In the event of termination: (1) all work product prepared by or in custody of CONSULTANT shall be promptly delivered to DISTRICT; (2) DISTRICT shall pay CONSULTANT all payments for services performed and due under this AGREEMENT on the effective date of termination; (3) CONSULTANT shall promptly submit a final invoice to the DISTRICT, which shall include any and all non-cancelable obligations owed by CONSULTANT at the time of termination, (4) neither PARTY waives any claim of any nature whatsoever against the other for any breach of this AGREEMENT; (5) DISTRICT may withhold 125 percent of the estimated value of any disputed amount pending resolution of the dispute, consistent with the provisions of section III D above, and; (6) DISTRICT and CONSULTANT agree to exert their best efforts to expeditiously resolve any dispute between the PARTIES.
VI INSURANCE REQUIREMENTS
CONSULTANT shall obtain prior to commencing work and maintain in force and effect throughout the term of this AGREEMENT, all insurance set forth below.
A. Workers’ Compensation Insurance
By his/her signature hereunder, CONSULTANT certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and that CONSULTANT will comply with such provisions before commencing the performance of the SERVICES under this AGREEMENT.
CONSULTANT and sub-consultant will keep workers’ compensation insurance for their employees in effect during all work covered by this AGREEMENT in accordance with applicable law. An ACORD certificate of insurance or other certificate of insurance satisfactory to DISTRICT, evidencing such coverage must be provided (1) by CONSULTANT and (2) by subconsultant’s upon request by DISTRICT.
B. Professional Liability Insurance
CONSULTANT shall file with DISTRICT, before beginning professional SERVICES, an ACORD certificate of insurance, or any other certificate of insurance satisfactory to DISTRICT, evidencing professional liability coverage of not less than $1,000,000 per claim and $1,000,000 aggregate, requiring 30 days notice of cancellation (10 days for non-payment of premium) to DISTRICT.
Such coverage shall be placed with a carrier with an A.M. Best rating of no less than A:
VII, or equivalent. The retroactive date (if any) of such insurance coverage shall be no later than the effective date of this AGREEMENT. In the event that the CONSULTANT employs subconsultants as part of the SERVICES covered by this AGREEMENT, CONSULTANT shall be responsible for requiring and confirming that each sub-consultant meets the minimum insurance requirements specified herein.
C. Other Insurance
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5 CONSULTANT will file with DISTRICT, before beginning professional SERVICES, ACORD certificates of insurance, or other certificates of insurance satisfactory to DISTRICT, evidencing general liability coverage of not less than $1,000,000 per occurrence for bodily injury, personal injury and property damage; automobile liability (owned, scheduled, non-owned or hired) of at least $1,000,000 for bodily injury and property damage each accident limit; workers’ compensation (statutory limits) and employer’s liability ($1,000,000) (if applicable); requiring 30 days (10 days for non payment of premium) notice of cancellation to DISTRICT.
For the coverage required under this paragraph, the insurer(s) shall waive all rights of subrogation against DISTRICT, the PARTICIPATING AGENCIES, and their directors, officers, agents, employees, attorneys, consultants or authorized volunteers. CONSULTANT’s insurance coverage shall be primary insurance as respects DISTRICT, its directors, officers, agents, employees, attorneys, consultants and authorized volunteers, the PARTICIPATING AGENCIES, and their directors, officers, agents, employees, attorneys, consultants and authorized volunteers, for all liability arising out of the activities performed by or on behalf of the CONSULTANT. Any insurance pool coverage, or self-insurance maintained by DISTRICT, its directors, officers, agents, employees, attorneys, consultants or authorized volunteers, the PARTICIPATING AGENCIES, and their directors, officers, agents, employees, attorneys, consultants and authorized volunteers, shall be excess of the CONSULTANT’s insurance and shall not contribute to it.
The general liability coverage shall give DISTRICT, the PARTICIPATING AGENCIES, and its directors, officers, agents, employees, attorneys, consultants and authorized volunteers additional insured status using ISO endorsement CG2010, CG2033, or equivalent. Coverage shall be placed with a carrier with an A.M. Best rating of no less than A: VII, or equivalents. In the event that the CONSULTANT employs sub-consultant as part of the work covered by the AGREEMENT, it shall be the CONSULTANT’s responsibility to require and confirm that each sub-consultant meets the minimum insurance requirements specified herein.
D. Expiration of Coverage
If any of the required coverages expire during the term of the AGREEMENT, CONSULTANT shall deliver the renewal certificate(s) including the general liability additional insured endorsement to DISTRICT at least ten (10) days prior to the expiration date.
VII INDEMNIFICATION
To the fullest extent permitted by applicable law, CONSULTANT shall indemnify, defend and hold harmless DISTRICT, its directors, officers, agents, employees, attorneys, consultants and authorized volunteers, , PARTICIPATING AGENCIES, and their directors, officers, agents, employees, attorneys, consultants and authorized volunteers, and each of them from and against:
a. When the law establishes a professional standard of care for the CONSULTANT’s services, all claims and demands of all persons that arise out of, pertain to, or relate to the CONSULTANT’s negligence, recklessness or willful misconduct in the performance (or actual or alleged non-performance) of the work under this agreement.
CONSULTANT shall defend itself against any and all liabilities, claims, losses, damages, and costs arising out of or alleged to arise out of CONSULTANT’s performance or non-performance of the SERVICES hereunder, and shall not tender such claims to DISTRICT nor its directors, officers, employees, or authorized volunteers, for defense or indemnity.
b. Any and all actions, proceedings, damages, costs, expenses, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of CONSULTANT.
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6 c. Any and all losses, expenses, damages (including damages to the work itself), attorney’s fees incurred by counsel of the DISTRICT’s choice and other costs, including all costs of defense, which any of them may incur with respect to the failure, neglect, or refusal of CONSULTANT to faithfully perform the work and all of the CONSULTANT’s obligations under the agreement. Such costs, expenses, and damages shall include all costs, including attorneys’ fees, incurred by counsel of the DISTRICT’s choice, incurred by the indemnified parties in any lawsuit to which they are a party. Notwithstanding the foregoing, in no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. The duty to indemnify, including the duty and the cost to defend, is limited as provided in this section. d. CONSULTANT shall not be responsible for warranties, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental or consequential damages to the DISTRICT or any third party arising out of breach of contract, termination, or for any other reason whatsoever unless the damages arise from CONSULTANT’s willful misconduct. Additionally, CONSULTANT shall not be responsible for acts and decisions of third parties, including governmental agencies, other than CONSULTANT’s subconsultants, that impact project completion and/or success.
CONSULTANT shall immediately defend, at CONSULTANT’s own cost, expense and risk, any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against DISTRICT or its directors, officers, employees, or authorized volunteers with legal counsel reasonably acceptable to DISTRICT, and shall not tender such claims to DISTRICT nor its directors, officers, employees, or authorized volunteers.
CONSULTANT shall immediately pay and satisfy any judgment, award or decree that may be rendered against DISTRICT or its directors, officers, employees, or authorized volunteers, in any and all such suits, actions, or other legal proceedings.
CONSULTANT shall immediately reimburse DISTRICT or its directors, officers, employees, or authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing indemnity herein provided.
CONSULTANT’s obligation to indemnify shall survive the termination or completion of this agreement for the full period of time allowed by law and shall not be restricted to insurance proceeds, if any, received by DISTRICT, its directors, officers, agents, employees, attorneys, consultants or authorized volunteers, or the PARTICIPATING AGENCIES, its directors, officers, agents, employees, attorneys, consultants or authorized volunteers.
VIII FINANCIAL DISCLOSURE AND CONFLICTS OF INTEREST
Although CONSULTANT is retained as an independent contractor, CONSULTANT may still be required, under the California Political Reform Act and DISTRICT's Administrative Code, to file annual disclosure reports. CONSULTANT agrees to file such financial disclosure reports upon request by DISTRICT. Further, CONSULTANT shall file the annual summary of gifts required by Section 7105 of the DISTRICT’s Ethics Policy, attached hereto as Exhibit “A.” Failure to file financial disclosure reports upon request and failure to file the required gift summary are grounds for termination of this AGREEMENT. Any action by CONSULTANT that is inconsistent with DISTRICT’s Ethic’s Policy current at the time of the action is grounds for termination of this AGREEMENT. The Ethics Policy as of the date of this AGREEMENT is attached hereto as Exhibit “A.”
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7 IX PERMITS AND LICENSES
CONSULTANT shall procure and maintain all permits, licenses and other governmentrequired certification necessary for the performance of its SERVICES, all at the sole cost of CONSULTANT. None of the items referenced in this section shall be reimbursable to CONSULTANT under the AGREEMENT. CONSULTANT shall comply with any and all applicable local, state, and federal regulations and statutes including Cal/OSHA requirements.
X LABOR AND MATERIALS
CONSULTANT shall furnish, at its own expense, all labor, materials, equipment, tools, transportation and other items or services necessary for the successful completion of the SERVICES to be performed under this AGREEMENT. CONSULTANT shall give its full attention and supervision to the fulfillment of the provisions of this AGREEMENT by its employees and sub-consultant and shall be responsible for the timely performance of the SERVICES required by this AGREEMENT. All compensation for CONSULTANT’s SERVICES under this AGREEMENT shall be pursuant to Exhibit “B” to the AGREEMENT.
Only those SERVICES, materials, administrative, overhead and travel expenses specifically listed in Exhibit “B” will be charged and paid. No other costs will be paid.
CONSULTANT agrees not to invoice DISTRICT for any administrative expenses, overhead or travel time in connection with the SERVICES, unless agreed upon and listed in Exhibit “B”.
XI CONFIDENTIALITY AND RESTRICTIONS ON DISCLOSURE
A. Confidential Nature of Materials
CONSULTANT understands that all documents, records, reports, data, or other materials (collectively “MATERIALS”) provided by DISTRICT and PARTICIPATING AGENCIES to CONSULTANT pursuant to the AGREEMENT, including but not limited to draft reports, final report(s) and all data, information, documents, graphic displays and other items that are not proprietary to CONSULTANT and that are utilized or produced by CONSULTANT pursuant to the AGREEMENT are to be considered confidential for all purposes.
B. No Disclosure of Confidential Materials
CONSULTANT shall be responsible for protecting the confidentiality and maintaining the security of DISTRICT MATERIALS and records in its possession. All MATERIALS shall be deemed confidential and shall remain the property of DISTRICT and PARTICIPATING AGENCIES. CONSULTANT understands the sensitive nature of the above and agrees that neither its officers, partners, employees, agents or sub-consultants will release, disseminate, or otherwise publish said reports or other such data, information, documents, graphic displays, or other materials except as provided herein or as authorized, in writing, by DISTRICT’s representative and the PARTICIPATING AGENCY’s representative. CONSULTANT agrees not to make use of such MATERIALS for any purpose not related to the performance of the SERVICES under the AGREEMENT. CONSULTANT shall not make written or oral disclosures thereof, other than as necessary for its performance of the SERVICES hereunder, without the prior written approval of DISTRICT and the PARTICIPATING AGENCY. Disclosure of confidential MATERIALS shall not be made to any individual, agency, or organization except as provided for in the AGREEMENT or as provided for by law.
C. Protections to Ensure Control Over Materials
All confidential MATERIALS saved or stored by CONSULTANT in an electronic form shall be protected by adequate security measures to ensure that such confidential MATERIALS are safe from theft, loss, destruction, erasure, alteration, and any unauthorized viewing, Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B 55401.00000\43859268.1
8 duplication, or use. Such security measures shall include, but not be limited to, the use of current virus protection software, firewalls, data backup, passwords, and internet controls.
The provisions of this section survive the termination or completion of the AGREEMENT.
XII OWNERSHIP OF DOCUMENTS AND DISPLAYS
All original written or recorded data, documents, graphic displays, reports or other MATERIALS which contain information relating to CONSULTANT’s performance hereunder and which are originated and prepared for DISTRICT and PARTICIPATING AGENCIES pursuant to the AGREEMENT are instruments of service and shall become the property of DISTRICT and PARTICIPATING AGENCIES upon completion or termination of the Project.
CONSULTANT hereby assigns all of its right, title and interest therein to DISTRICT and PARTICIPATING AGENCIES, including but not limited to any copyright interest. In addition, DISTRICT and PARTICIPATING AGENCIES reserve the right to use, duplicate and disclose in whole, or in part, in any manner and for any purpose whatsoever all such data, documents, graphic displays, reports or other MATERIALS delivered to DISTRICT and PARTICIPATING AGENCIES pursuant to this AGREEMENT and to authorize others to do so.
To the extent that CONSULTANT utilizes any of its property (including, without limitation, any hardware or software of CONSULTANT or any proprietary or confidential information of CONSULTANT or any trade secrets of CONSULTANT) in performing SERVICES hereunder, such property shall remain the property of CONSULTANT, and DISTRICT and PARTICIPATING AGENCIES shall acquire no right or interest in such property.
CONSULTANT hereby assigns to DISTRICT, PARTICIPATING AGENCIES or its designee, for no additional consideration, all CONSULTANT’s intellectual property rights, including, but not limited to, copyrights, in all deliverables and other works prepared by the CONSULTANT under this agreement. CONSULTANT shall, and shall cause its employees and agents to, promptly sign and deliver any documents and take any actions that DISTRICT, PARTICIPATING AGENCIES, or its designee reasonably requests to establish and perfect the rights assigned to DISTRICT, PARTICIPATING AGENCIES or its designee under this provision.
Reuse of documents by DISTRICT or others on extensions or modifications of this project or on other sites or use by others on this project, shall be at the user’s sole risk, without liability to CONSULTANT.
XIII EQUAL OPPORTUNITY
DISTRICT is committed to a policy of equal opportunity for all and to providing a work environment that is free of unlawful discrimination and harassment. In keeping with this commitment, DISTRICT maintains a policy prohibiting unlawful discrimination and harassment in any form based on race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, pregnancy or childbirth, marital status, gender, sex, sexual orientation, veteran status or age by officials, employees and non-employees (vendors, contractors, etc.).
This policy applies to all employees, consultants and contractors of the DISTRICT.
Appropriate corrective action will be taken against all offenders, up to and including immediate discharge or termination of this AGREEMENT. During, and in conjunction with, the performance of this AGREEMENT, CONSULTANT shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, marital status or national origin.
XIV INTEGRATION OF ALL OTHER AGREEMENTS
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9 This AGREEMENT, including any Exhibits and Addenda, contains the entire understanding of the PARTIES, and there are no further or other agreements or understandings, written or oral, in effect between the PARTIES hereto relating to the subject matter hereof. Any prior understanding or agreement of the PARTIES shall not be binding unless expressly set forth herein and, except to the extent expressly provided for herein, no changes of this AGREEMENT may be made without the written consent of both PARTIES.
XV ELECTRONIC SIGNATURES
The Uniform Electronic Transactions Act, California Civil Code section 1633.1 et seq., authorizes PARTIES to conduct business electronically. In accordance with California Civil Code section 1633.5, PARTIES acknowledge, consent and agree that transactions subject to this AGREEMENT may be effectuated by electronic means through the use of electronic and/or digital signatures. For purposes of this section, an electronic signature means an electronic symbol or process logically associated with the intent to sign an electronic record pursuant to Civil Code section 1633(h). A digital signature, which is a type of electronic signature, means an electronic identifier, created by a computer, that is intended to have the same force and effect as the use of a manual signature under Government Code 16.5(d). An example of an electronic signature would be a JPG of a manual signature imposed onto this AGREEMENT, an example of a digital signature would be the use of DocuSign or similar provider that requires an encrypted key that certifies the authenticity of the signature.
This consent to conduct transactions by electronic means through the use of electronic and/or digital signatures extends to the execution of this AGREEMENT or any related contract or other document necessary for the performance of this AGREEMENT including, without limitation, any related offers, proposals, bids, amendments, change orders, task orders and notices.
XVI ATTORNEYS’ FEES
In any action at law or in equity to enforce any of the provisions or rights under this AGREEMENT, the prevailing PARTY shall be entitled to recover from the unsuccessful PARTY all costs, expenses and reasonable attorney’s fees incurred therein by the prevailing PARTY (including, without limitations, such costs, expense and fees on any appeals), and if such prevailing PARTY shall recover judgment in any such action or proceeding, such costs, expenses, including those of expert witnesses and attorneys’ fees, shall be included as part of this judgment.
XVII JURISDICTION AND VENUE SELECTION
In all matters concerning the validity, interpretation, performance, or effect of this AGREEMENT, the laws of the State of California shall govern and be applicable. The PARTIES hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that venue of any action brought hereunder shall be in Orange County, California.
XVIII. THIRD PARTIES
The services to be performed by CONSULTANT are intended solely for the benefit of the DISTRICT and PARTICIPATING AGENCIES. No other person or entity shall be entitled to rely on CONSULTANT's performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of AGREEMENT or the performance of CONSULTANT's services hereunder.
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10 Internal Use Only:
Program No. ____________________
Line Item: _______________________
Funding Year: ___________________
Contract Amt.: ___________________
Purchase Order # _________________
IN WITNESS WHEREOF, the PARTIES have hereunto affixed their names as of the day and year thereinafter, which shall be and is the effective date of this AGREEMENT.
APPROVED BY: CONSULTANT ACCEPTANCE:
Harvey F. De La Torre, General Manager
Municipal Water District of Orange County
18700 Ward Street Fountain Valley, CA
92708
(714) 963-3058
__________________________
Inge Wiersema, PE, ENV SP
Water Resources Practice
Director, Senior Vice President
Carollo Engineers, Inc.
707 Wilshire Boulevard, Suite 3920
Los Angeles, CA 90017
(213) 279-3320
Date ________________________ Date ______________________ ___________________________
Date _______________________
Graham Juby, PhD, PE
Vice President
Carollo Engineer, Inc.
3150 Bristol Street, Suite 500
Costa Mesa, CA 92626
(714) 593-5134
Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B 8/6/2025 | 3:30 PM PDT
8/7/2025 | 7:52 AM PDT 8/7/2025 | 5:22 AM PDT
55401.00000\43859268.1
11 EXHIBIT “A”
ETHICS POLICY §7100-§7110
§7100 PURPOSE
The policy of MWDOC is to maintain the highest standards of ethics from its Board members, officers and employees (all shall be referred to as employees for the purposes of this section). The proper operation of MWDOC requires decisions and policy to be made in the proper manner, that public office not be used for personal gain, and that all individuals associated with MWDOC remain impartial and responsible toward the public.
Accordingly, all employees are expected to abide by the highest ethical standards and integrity when dealing on behalf of MWDOC with fellow Board members or employees, vendors, contractors, customers, and other members of the public. §7101 RESPONSIBILITIES OF BOARD MEMBERS
Board members are obliged to uphold the Constitution of the United States and the Constitution of the State of California and shall comply with all applicable laws regulating Board member conduct, including conflicts of interest and financial disclosure laws. No Board member or officer shall grant any special consideration, treatment, or advantage to any person or group beyond that which is available to every other person or group in the same circumstances.
§7102 PROPER USE OF MWDOC PROPERTY AND RESOURCES
Except as specifically authorized, no employee shall use or remove or permit the use or removal of MWDOC property, including MWDOC vehicles, equipment, telephones, office supplies, and materials for personal convenience or profit. No employee shall require another MWDOC employee to perform services for the personal convenience or profit of another employee. Each employee must protect and properly use any MWDOC asset within his/her control, including information recorded on paper or in electronic form.
Employees shall safeguard MWDOC property, equipment, monies, and assets against unauthorized use or removal, as well as from loss due to criminal act or breach of trust.
Employees are responsible for maintaining written records, including expense reports, in sufficient detail to reflect accurately and completely all transactions and expenditures made on MWDOC’s behalf. Creating a document with misleading for false information is prohibited.
Motion - 1/17/96;
§7103 CONFLICT OF INTEREST
All MWDOC Directors, officers, and employees at every level shall comply with the requirements of Section 1090 of the California Government Code which prohibits such persons from being financially interested in any contract made by them in their official Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B 55401.00000\43859268.1
12 capacity, or by any body or board of which they are members, or from being a purchaser at any sale or a vendor at any purchase made by them in their official capacity.
All Directors and employees designated under MWDOC’s Conflict of Interest Code ("designated employees") and employees required to report under Chapter 7, Article 2 of the Political Reform Act (Government Code Section 7300 et seq.) shall promptly and fully comply with all requirements thereof.
MWDOC employees who are not designated employees under MWDOC’s Conflict of Interest Code shall refrain from participating in, making a recommendation, or otherwise attempting to influence MWDOC’s selection of a contractor, consultant, product, or source of supply if the non-designated employee, or an immediate family member, has a direct or indirect financial interest in the outcome of the selection process. No employee shall use his/her position with MWDOC in any manner for the purpose of obtaining personal favors, advantages or benefits for him/herself or an immediate family member from a person or entity doing business or seeking to do business with MWDOC. Such favors, advantages, or benefits would include, but are not limited to: 1) offers of employment; 2) free or discounted goods or services; or 3) gifts.
§7104 GIFTS
No employee shall accept, directly or indirectly, any compensation, reward or gift from any source except from MWDOC, for any action related to the conduct of MWDOC business, except as set forth below:
1. Acceptance of food and refreshments of nominal value on infrequent occasions in the ordinary course of a breakfast, luncheon or dinner meeting or other meeting or on an inspection tour where the arrangements are consistent with the transaction of official business.*
2. Acceptance of transportation, lodging, meals or refreshments, in connection with attendance at widely attended gatherings sponsored by industrial, technical or professional organizations; or in connection with attendance at public ceremonies or similar activities financed by nongovernmental sources where the employee's participation on behalf of MWDOC is the result of an invitation addressed to him or her in his/her official capacity, and the transportation, lodging, meals or refreshment accepted is related to, and is in keeping with, his/her official participation.*
3. Acceptance of unsolicited advertising or promotional materials such as pens, pencils, note pads, calendars, or other items of nominal value.*
4. Acceptance of plaques and commemorative mementoes, of nominal value, or of value only to the recipient, such as service pins, recognition awards, retirement mementoes.
5. Acceptance of incidental transportation from a private organization, provided it is furnished in connection with an employee's official duties and is of the type customarily provided by the private organization.
* Nothing herein shall be deemed to relieve any Director or designated employee from reporting the value of such meals, transportation, lodging or gifts and abstaining from Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B 55401.00000\43859268.1
13 participation in any decision of MWDOC which could foreseeably have a material financial effect on the donor when the value of such gifts reaches the limits set forth in MWDOC’s Conflict of Interest Code and the Political Reform Act.
In no event shall any employee accept gifts from any single source, the cumulative value of which exceeds the applicable gift limit under California law.
A gift or gratuity, the receipt of which is prohibited under this section, shall be returned to the donor. If return is not possible, the gift or gratuity shall be turned over to a public or charitable institution without being claimed as a charitable deduction and a report of such action, and the reasons why return was not feasible shall be made on MWDOC records.
When possible, the donor also shall be informed of this action.
Motion - 1/17/96;
§7105 PERSONS OR COMPANIES REPORTING GIFTS
All persons and companies doing business with MWDOC, with the exception of public agencies, shall submit a summary, by January 31 of each calendar year, of all gifts claimed for internal vendor audits (including meals) made to, or on behalf of, employees or Directors of MWDOC, or their immediate family members, that have occurred in the normal course of business during the previous calendar year. Failure to provide this information to MWDOC may result in the termination of MWDOC business with that person or company.
Motion - 7/21/93; Motion - 8/18/93;
§7106 USE OF CONFIDENTIAL INFORMATION
Confidential information (i.e., information which is exempt from disclosure under the California Public Records Act) shall not be released to unauthorized persons unless the disclosure is approved by the Board, President of the Board, or General Manager.
Employees are prohibited from using any confidential information for personal advantage or profit.
§7107 POLITICAL ACTIVITIES
During the course and scope of their employment employees are prohibited from engaging in campaign activities associated with MWDOC Director elections, MWDOC Director appointments, the appointment of MET Directors, or from attempting to influence changes to MWDOC Division boundaries, except where such activities are expressly required in the course of official duties. Employees are otherwise free to personally, endorse, advocate, contribute to, or otherwise support any political party, candidate, or cause they may choose; however, employees are prohibited from soliciting political funds or contributions at MWDOC facilities or during the course and scope of their duties for MWDOC. In any personal political activity an employee may be involved in, it shall be made clear that the employee is acting personally and not for MWDOC. These provisions are intended to protect employees against political assessments, coerced political activities, and to prevent political activities on the part of employees from interfering with MWDOC operations. Nothing in this section shall be Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B 55401.00000\43859268.1
14 interpreted or applied in a manner to unlawfully curtail the constitutional right to political activity of MWDOC employees.
Motion – 6/17/15
§7108 IMPROPER ACTIVITIES
Employees shall not interfere with the proper performance of the official duties of others, but are strongly encouraged to fulfill their own moral obligations to the public, MWDOC, and its member agencies by disclosing, to the extent not expressly prohibited by law, improper activities within their knowledge. No employee shall directly or indirectly use or attempt to use the authority or influence of his/her position for the purpose of intimidating, threatening, coercing, commanding, or influencing any person with the intent of interfering with that person's duty to disclose improper activity.
§7109 VIOLATION OF POLICY – STAFF AND STAFF OFFICERS
If an employee is reported to have violated MWDOC’s Ethics Policy, the matter shall be referred to any of the following: (1) the General Manager; (2) Human Resources; (3) the Board of Directors; or (4) any member of the management staff, for investigation and consideration of any appropriate action warranted which may include employment action such as demotion, reduction in salary, or termination.
If a Board appointed officer (Secretary, Treasurer or General Manager) is reported to have violated MWDOC’s Ethics Policy, the matter shall be referred to the Executive Committee for investigation and consideration of any appropriate action. The Executive Committee may make a determination and present the issue to the full Board.
Motion - 1/17/96; 6/17/15
§7110 VIOLATION OF POLICY -- DIRECTORS
A perceived violation of this policy by a Director should be referred to the President of the Board or the full Board of Directors for investigation, and consideration of any appropriate action warranted. A violation of this policy may be addressed by the use of such remedies as are available by law to MWDOC, including, but not limited to: (a) adoption of a resolution expressing disapproval of the conduct of the Director who has violated this policy, (b) injunctive relief, or (c) referral of the violation to MWDOC Legal Counsel and/or the Grand Jury.
§7111 PERIODIC REVIEW OF ETHICS, CONFLICT OF INTEREST AND
ADMINISTRATIVE GUIDELINES
Pursuant to the terms of Government Code Sections 53234 through 53235.2, each Director shall receive at least two hours of training in general ethics principles every two years. Pursuant to Government Code Section 53235(c), the curricula for ethics training must be approved by the Fair Political Practices Commission (FPPC) and the Attorney General. It is the general desire of the MWDOC Board to meet and review and/or receive a presentation that addresses principles relating to reporting guidelines on compensation, conflict of interest issues, and standards for rules of conduct during the first quarter of the year immediately following an election (every two years).
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15 Each Director shall retain the certificate of completion from any ethics course in which he/she participates and shall provide a copy of such report to MWDOC. Such records shall be retained for five years from the date they are received.
M-12/21/05
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16 Please note If using Consultant’s proposal as Exhibit “B” please attach the proposal or complete the standard Exhibit “B” Form below, BOTH Parties must verify that all sections of this form are FULLY ADDRESSED and the appropriate Exhibit is attached and labeled accordingly
EXHIBIT "B"
SCOPE OF WORK, TERMS OF AGREEMENT
AND TERMS AND CONDITIONS FOR BILLING
Carollo Engineers, Inc.
Inge Wiersema, PE, ENV SP
707 Wilshire Blvd., Suite 3920
(213) 279-3320
Tax I.D. 86-0899222
1. Term – Commencement August 4, 2025, Termination September 30, 2026
2. Fees/Rates to be billed – See Exhibit B-2 Cost Summary for Development of 2025 Urban Water Management Plans for base price (lump sum) and optional tasks/ contingency tasks fees prepared based on Fee Schedule per page 20-22 of Exhibit B-1..
3. Budgeted Amount – See Exhibit B-2; Note: Budgeted amount is based on the “Base Price” and the optional tasks on which the participating agency provides written approval. CONSULTANT fees shall be billed by the 25th day of the month for the previous month’s activities. Invoices received by the 25th day of the month will be paid by DISTRICT by the end of the following month. Invoices shall reference the Purchase Order number from DISTRICT.
Consultant shall prepare a breakdown of the percent complete by task by Participating Agency to submit with each monthly invoice.
Upon invoicing DISTRICT 80% of the contract amount, CONSULTANT shall prepare and provide to DISTRICT a “cost to complete” estimate for the remaining work.
4. Scope of Work/Services – Preparation of the 2025 Urban Water Management Plans for MWDOC and Participating Agencies as outlined in the attached Exhibit B-1.
5. Consultant Representative: Inge Wiersema, PE, ENV SP, Water Resources Practice Director, Senior Vice President
Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B Exhibit B-1
Scope of Work
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PREPARATION FOR ORANGE COUNTY WATER AGENCIES
C. Project Approach and Scope of Work
Project Understanding
We understand that the goal of this project is to prepare the 2025 UWMPs for MWDOC and the Participating Agencies. Based on discussions with MWDOC staff, we anticipate that this project will likely involve around twenty individual UWMPs that all must be completed and submitted to the California DWR by the submittal deadline of July 1, 2026.
The 2025 UWMP must meet all the requirements of the Final 2025 UWMP Guidebook, which will be published by DWR no later than July 1, 2025. Although the final guidebook is not available yet, our team has a good understanding of the upcoming changes through our involvement in the guidebook development process and access to the interim tables released for review. As shown on the graphic below, there are several key changes that either increase (shown in orange) or decrease (shown in green) the level of effort for the 2025 UWMPs compared to the 2020 UWMP cycle.
CHAPTER 4
Decreased Table 4-1: Wholesale: Total Uses for Potable and Non-Potable Water - Actual and Table 4-2 Wholesale: Uses for Potable and Non-Potable Water - Projected are now optional.
Increased Table 4-4 Retail: Passive Water Savings Projection is a new optional table to document projected water savings from adopted codes over the next 25 years, in five-year increments.
Decreased Table 4-4: Last Five Years of Water Loss Audit Reporting, optional for Wholesale and mandatory for Retail in 2020 have been removed.
Increased Table 4-5: Water Loss Auditing (optional for Wholesale and mandatory for Retail) is now added to document whether a water loss audit for each of the past 5 years for each public water system served by the agency was submitted to DWR.
Increased Table 4-6 Retail: Progress Towards 2028 Water Loss Performance Standard is a new table to report on whether a retail agency has met the new distribution system loss performance standard enacted by the California State Water Resources Control Board.
Table of Contents
EXECUTIVE SUMMARY ..........................................................................1 CHAPTER 1: INTRODUCTION AND
UWMP OVERVIEW ............................................................................... 1-1 CHAPTER 2: UWMP PREPARATION...................................................2-1 CHAPTER 3: SYSTEM DESCRIPTION ................................................3-1 CHAPTER 4: WATER USE CHARACTERIZATION .............................4-1 CHAPTER 5: CONSERVATION
TARGET COMPLIANCE .........................................................................5-1 CHAPTER 6: WATER SUPPLY CHARACTERIZATION.......................6-1 CHAPTER 7: WATER SERVICE RELIABILITY
AND DROUGHT RISK ASSESSMENT .................................................7-1 CHAPTER 8: WATER SHORTAGE
CONTINGENCY PLANNING .................................................................8-1 CHAPTER 9: DEMAND MANAGEMENT MEASURES .......................9-1 CHAPTER 10: PLAN ADOPTION,
SUBMITTAL, AND IMPLEMENTATION .............................................10-1 REFERENCES ........................................................................................11-1 2025 URBAN WATER MANAGEMENT PLAN
CHAPTER 5
Decreased Table 5-1: Baseline and Targets Summary From SB X 7-7 Verification Form and 2020 Table 5-2: 2020 Compliance From SB X 7-7 2020 Compliance Form from 2020 have been removed and a new Table 5-1 Retail: SB X7-7 2020 Target Progress table is included to report the progress in meeting the urban water use target from 2020.
CHAPTER 6
Decreased Table 6-1: Wholesale: Groundwater Volume Pumped has now been made mandatory.
CHAPTER 7
Decreased Table 7-1: Basis of Water Year Data (Reliability Assessment) is now optional for both Retail and Wholesale.
Increased Table 7-2: Normal Year Supply and Use Comparison, Table 7-3: Single Dry Year Supply and Demand Comparison, Table 7-4: Five Consecutive Dry Years Supply and Demand Comparison and Table 7-5: Five-Year Drought Risk Assessment for both Retail and Wholesale have now an optional section to provide WSCP supply augmentation benefit, WSCP water use reduction savings and revised surplus/shortfall over the next 20 years, in five-year increments.
CHAPTER 8
Decreased Table 8-1: Cross-reference for Standard vs Supplier Shortage Levels is now a modified table with no entry for describing the shortage response actions and new columns to list the supplier's own shortage levels (if these differ from the standard shortage levels) and corresponding percent shortage ranges.
TOP 10 Changes anticipated in the 2025 UWMP Guidebook
Based on a detailed side-by-side comparison, we have identified 30 changes between the 2020 and 2025 UWMP tables.
The UWMP Table of Contents below calls out the top 10 changes that either increase or decrease the anticipated level of effort.
Potential triggers that would warrant a
WSCP update include:
☑ Changes in water supplies. For example, water
shortage contingency tiers may need to be modified
for agencies that had stopped using groundwater
in anticipation of the PFAS regulation, but have
brought their groundwater wells back online since the
publication of the 2020 UWMP.
☑ Changes in Metropolitan Water District of Southern
California's (MET's) shortage triggers.
☑ Updates to an agency’s Hazard Mitigation Plan
or Climate Action Plans to ensure consistency and
avoid conflict in drought and other system vulnerability response actions.
☑ Updates to an agency’s Communication Protocols
following the drought in 2021/22 and recent wildfires.
Based on these draft tables released by DWR, we believe that the top three changes are:
1. Chapter 8: The Water Supply Shortage Levels are now standardized to 6 levels and do not require details on response actions anymore. The currently adopted versions of the WSCPs are now considered acceptable. However, if MWDOC or any of the PAs wants to make any changes, then an update and recertification process will be needed (refer to potential triggers at right).
2. Chapter 4: The projection of Passive Water Conservation Savings is a new optional table that could require some extensive analysis to estimate water savings from already adopted and/or anticipated changes to plumbing codes and regulations.
3. Chapter 4: Progress towards the 2028 Water Loss Performance Standard is a new table to report on whether a retail agency has met the new distribution system loss performance standard enacted by the California State Water Resources Control Board.
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PREPARATION FOR ORANGE COUNTY WATER AGENCIES
Carollo is currently working on the 2025 UWMP for
the City of San Diego. With the first draft of the UWMP planned for the end of May 2025, we have built off the
comprehensive 2020 UWMP (prepared by CDM Smith)
and developed the plan in accordance with the 2020
Guidebook, while tracking/flagging potential changes
identified through our connections with parties
involved in the 2025 Guidebook development.
In parallel, we have compiled, reviewed, and organized
the City’s data and information sources such that
when the 2025 Guidebook is released, we will be
able to quickly generate the Draft UWMP by linking
our spreadsheet information to new table formats and
word chapters (see page 14). The remaining gaps will
the directly inform the additional information needs to meet all 2025 Guidebook requirements.
San Diego 2025 UWMP
Based on our experience from previous guidebook
updates since our involvement in the 2005 UWMP
cycle, and our ongoing work on the 2025 UWMP for
San Diego, our team has concluded that the changes
for the 2025 UWMP cycle are much less substantive
than in previous cycles. As a result, we understand
most of the work effort will involve updating information and tables, rather than new types of analysis or major
narrative overhauls like in 2020.
Due to the large number of UWMPs that need to
be prepared in parallel within the 11-month project
duration per the timeline in the RFP, we understand
that a key challenge of this project is centered
around organization.
It will be critical to streamline data gathering,
coordination with member agencies, and the
preparation and reviews of the deliverables. To meet
this challenge, MWDOC needs an experienced team
that has gone down this road before. Our team brings
this specific experience through Shivani Shrotriya, who worked with Sarina Sriboonlue for MWDOC while at
Arcadis in the preparation of 22 UWMPs during the
2020 UWMP cycle.
Lastly, we also understand that the key objective of
most of your participating member agencies is to
“check the box” and get this regulatory requirement
completed and be eligible for state funding programs.
It is our job as the consulting team to deliver these
2025 UWMPs with minimal effort from your member
agencies, while getting all the tables and information
accurately updated that meet the 2025 UWMP
Guidebook requirements and extend the planning
horizon to 2050 such that these Plans can also be
used for future Water Supply Assessment until the
2030 UWMP cycle.
Our Tailored Approach to Project Success
We have developed a tailored project approach that meets the critical success factors of this project, namely:
1 Efficient and On-Time Project Delivery
2 Streamlined Data Management and Organization
3 Sound Quality Control that Promotes Smooth DWR Approval Each of these approach elements are described in more detail on the following three pages.
Our ongoing work on the San Diego 2025 UWMP has
resulted in proactive and efficient methods to quickly
incorporate anticipated guidebook changes once released.
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PREPARATION FOR ORANGE COUNTY WATER AGENCIES
Project Approach PILOT PHASE PRODUCTION PHASE DELIVERY PHASE
MWDOC, OCWD &
PAs Data 2020 UWMPs Prepopulated
DWR Tables (≈20x)
Virtual Meetings with
Pilot Agency
2025 UWMP
Template (1x)
Refine Common
Text by PA Group
Draft 2025
UWMP
Carollo Review With
DWR Checklist
MWDOC &
PA Reviews
Notifications
Public Review
Final Draft
2025 UWMPS
Final
2025 UWMPS
Adoption &
DWR Submittals
Virtual 1:1
Meetings (≈20x)
2025 UWMP
Templates (≈20x)
Internal Draft
2025 UWMPs
20MWDOC0525pf6-UploadFlow2.ai
Chapter Chapter Leads
1 - Introduction Mayra Lara
2 - UWMP Preparation Mayra Lara
3 - System Description Becky Gates
4 - Water Use Characterization Nicola Fontaine
5 - Conservation Targets Tess Kretschmann
6 - Water Supply Characterizations Brian Shepard
7 - Water Service Reliability and Drought Risk Assessments Andria Loutsch 8 - Water Shortage Contingency Planning Bill Fernandez
9 - Demand Management Measures Nicki Powell
10 - Plan Adoption Mayra Lara
Our proven delivery process with a pilot phase and
dedicated chapter leads will result in on-time project
delivery of 20+ UWMPs by DWR's deadline.
1 Efficient and On-Time Project Delivery
Leveraging the knowledge and experience from our proposed project engineer, Shivani Shrotriya, who worked on the successful delivery of your 2020 UWMPs, we prepared the flowchart shown below to visually display the steps we envision for the efficient preparation of likely more than 20 2025 UWMPs.
The 2025 UWMP development process will first be piloted with one PA. Although the pilot approach takes time in a tight schedule, we have accounted for this in our overall schedule (see page 18). We advise taking this more cautious approach, so we can repeat and accelerate the project delivery process for the remaining UWMPs with confidence. In this way we Plan the Work so we can then Work the Plan.
This pilot could be completed with the City of Buena Park like in 2020, or another agency may be selected by MWDOC as desired. To take full advantage of the piloting phase, it will be important to use an agency that uses both groundwater and imported water such that the common narrative updates for these water supplies can be used for all UWMPs that need to describe these same water supply sources.
For example, the impact of new PFAS regulations and changes in water reuse with the Groundwater Replenishment System Phase 3 expansion in 2023 will need to be incorporated consistently for all respective member agencies.
Upon completion of the pilot phase, the delivery process will be refined as needed before being replicated for the 2025 UWMPs of MWDOC and all PAs simultaneously. The three key takeaways of our efficient project delivery process shown in the flowchart below are:
1. Prepopulated UWMP Tables: Before we meet with any of the member agencies, we will combine the information from the 2020 UWMPs, water supply and demand information from MWDOC and online sources. This will allow us to make tailored data requests for each Participating Agency, reducing their data gathering time and effort as much as possible. The tables will be reviewed in the 1:1 meetings and updated information will be directly linked to tables in the 2025 UWMP documents (see sidebar on page 14).
2. Dedicated Chapter Leads: As shown in the flowchart, we have dedicated chapter leads (dedicated UWMP leads) assigned who will work in assembly line style to produce their respective chapters for the 20-ish UWMPs. Only chapters 1, 2, and 10 are combined because of the limited content and preparation timeline. Through repetition, this enhances efficiency and promotes consistency for all common narrative content.
3. Early DWR Checklist Review: Each of our three technical advisors has a clear responsibility (UWMP, WSCP, and DWR reviews). We will conduct the DWR Checklist review prior to the Draft UWMP delivery to verify completeness. This avoids surprises, the need for additional meetings, and potential delays.
Our UWMP delivery process with a pilot phase and dedicated chapter leads is a proven process that will result in on-time project delivery.
*PA = Participating Agency;
*Refer to Schedule (pg 18) for identification of Groups *
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Carollo will host and manage all the data and documents in an organized manner, such that MWDOC and the participating agencies only have to focus on providing raw data and conducting reviews. It is our job to make it easy for you!
20MWDOC0525P-Fig1
200+
PROJECTS
96%
OF THE MWDOC
MEMBER AGENCIES
IN THE LAST
10 YEARS
2 Streamlined Data Management and Organization
Despite the anticipated relatively minor changes in the 2025 UWMP Guidebook compared to the changes between 2015 and 2020, the preparation of likely more than 20 UWMPs in 11 months with multiple revisions in each remains a big undertaking. This is especially true when it comes to data and document management. In addition to the volume of files, the security of the information must be considered. It is therefore critical to apply the principal “Plan the Work, Work the Plan”.
The Carollo team is familiar with nearly all
players in MWDOC’s service area having
collectively delivered more than 200 projects
for the PAs in just the last decade. We will
leverage our institutional knowledge and
relationships in the 2025 UWMP updates.
The three key elements and benefits of how the Carollo team will streamline data management and organization are as follows:
1. Secure SharePoint Site: Carollo will set up and
host a project SharePoint Site to manage all project
files from start to finish. At the end of the project,
files can be transferred back in a single zip file to
MWDOC and the respective agencies, as desired.
As depicted in the graphic below, we propose using
dedicated locked channels for MWDOC and each of
the participating member agencies. These channels
can be used to securely upload and download files
by approved members. Public and non-sensitive
information will be stored in an open shared folder
to avoid unnecessary duplication of data. For
example, the 2025 UWMP Guidebook and Water
Use Efficiency reports can be saved in the shared
folder for easy reference.
2. Consistent Folder Structures: We will work with
MWDOC’s project manager at the start of the
project to review and refine our draft proposed
folder structure that will be used for all UWMPs.
This makes it easy for all team members to quickly
find the right files for any member agency, which
enhances efficiency and allows support staff to
quickly ramp up during peak production periods.
3. File Naming Protocol: A document naming protocol
will be launched at the kickoff meeting so that all
data, spreadsheets, chapters, UWMP versions, and
comment logs are kept in the correct folders and
with the correct file name extensions. This avoids
version control issues and potential duplicate work.
Last, but not least, we understand that it is the
consultant’s role to make the data gathering and 2025
UWMP preparation as easy as possible. As members
of our team have not only worked on the 2020 UWMPs
but also completed 200+ projects for all but one of
your member agencies, we bring exceptionally strong
relationships in your entire service area. Our personal and working relationships will help with data gathering and result in efficient project delivery.
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PREPARATION FOR ORANGE COUNTY WATER AGENCIES
3 Sound Quality Control that Promotes Smooth DWR Approval Quality control is clearly important on any project we deliver. The unique project elements that make a robust and well-thought-out quality control and quality assurance (QAQC) process extra critical for this project are:
The accelerated timeline of 11 months;
A regulatory deadline that is truly fixed; and
The simultaneous preparation of 20-ish plans that all roughly follow the same timeline, creating “waves” of deliverables and subsequent reviews.
To address the challenge of the “waves” of internal reviews, we plan to take a 2-pronged approach:
1. Staggered UWMP Delivery Schedule. We have
separated the anticipated participating member
agencies into four (4) groups based on their
respective supply mix complexity. The delivery
of the Draft, Final Draft, and Final UWMPs in each
group are staggered by 1 week to phase both
production and reviews. In addition, this allows
more time to complete the more complicated plans
and accelerates the UWMP of member agencies
with fewer supplies and less complexity. The group
allocations are consistent with Attachment A of the
RFP and are shown on the project schedule on
page 18.
2. Dedicated Technical Advisory Roles: As shown in
our organization chart on page 2 we have included
three technical advisors on our team. The advisors
are not involved in the day-to-day project activities
or meetings to maintain a truly independent review
perspective. Each advisor has a unique and clearly
defined responsibility as follows:
Dan Rodrigo: Conduct detailed review of
narrative, numbers, and calculations of all
Draft and Final Draft, and Final UWMPs.
Assure consistency with MWDOC’s Water
Reliability Study.
Michelle Maddaus: Conduct detailed review
of narrative, numbers, and calculations of all
Draft and Final Draft, and Final WSCPs.
Jessica Fritsche: Conduct comprehensive
review of the Final Draft and Final UWMPs
and WSCPs from the DWR perspective, using
the DWR checklist.
In addition, we plan to employ available document
processing tools by setting up all the 2025 UWMP
word documents such that the tables in the MS Word
files are automatically linked to the corresponding
master MS Excel workbook. As the UWMP tables
are the core of these plans, we will be using the MS
Excel workbooks as the master data repository from
start to finish. We can then change numbers in excel
when we get new information from a report or during
the 1:1 meetings with the member agencies, and that
automatically updates the corresponding report tables.
Similarly, we will link common text narratives in a
master word document (e.g. about the project Basin
Pumping Percentage with the Final GWRS Expansion)
to the word documents of the applicable member
agencies. The automatic updates via linked tables
and common text improves efficiency, accuracy, and
consistency between the various UWMPs.
Smart Links Improve Efficiency,
Accuracy, and Consistency
DWR Tables
UWMP Chapters
and Tables Linked Tables
Common Text
Common Text
Automatic updates via linked tables and common text
improves efficiency, accuracy, and consistency.
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PREPARATION FOR ORANGE COUNTY WATER AGENCIES
Scope of Work
Task 1: Project Management
This task includes effort to communicate and
coordinate with MWDOC and all the Participating
Agencies on project issues and project status, maintain the project schedule, and complete monthly invoices
and progress reports. Our quality control measures will be conducted under this task as well.
Task 1A - Meetings
We have scoped the following meetings:
One 1-hour kickoff meeting with MWDOC.
One 1-hour kickoff meeting with all Participating
Agencies (PA).
One 1:1 meeting with each individual PAs for UWMP.
30-minute biweekly check-in meetings with
MWDOC’s PM.
30-minute biweekly consultant team check-in
meetings.
Task 1B - Invoicing and Progress Reporting
This task includes invoicing and creating monthly
progress reports to describe accomplishments for
the month and activities planned for the next month.
Invoices will include a budget tracker table that provides budget spent, budget remaining, and percent complete
by PA and for the overall project.
Task 1C – Quality Control
Carollo will follow a rigorous quality control process.
Before the project begins, the project manager will
prepare a project checklist. The checklist outlines
key project steps and guides the team on quality
management requirements. The checklist helps confirm
that the project follows our quality management
procedures.
As a minimum, quality management milestones are:
Work Plan. A work plan will be developed to
establish the work sequence effort, when work
needs to occur within the project schedule, meeting
times, discussion topics at the meetings, key
decisions that need to be made, and the project
deliverables.
Project Management Plan (PMP). The PMP will
include lines of communication, schedule, scope,
budget, staffing plan, and special requirements.
The project management plan will be distributed to
the entire project team and include quality review
assignments by person, deliverable, and review
period dates based on the kickoff meeting schedule.
Independent Final Checks. Senior technical
advisors, who are not involved in the project
activities or meetings, will conduct independent
technical review of the final draft and final
deliverables using Carollo’s “redlining” checking
procedures as well as DWRs formal UWMP Checklist.
Task 1D - Data Management and Organization
Carollo will a setup secure SharePoint site with a
logical folder structure to facilitate easy data sharing and deliverables reviews throughout the project. This
will include secure folders for MWDOC and each PA,
as well as an open shared folder. All raw data, UWMP
spreadsheets, meeting materials, and UWMP document
files will be stored in their respective folders.
Key Assumptions
All meetings will be virtual.
11-month project duration (8/1/2025 – 7/1/2026).
Up to 20 bi-weekly check-in calls with MWDOC,
considering holidays and review times.
MWDOC will provide a contact list of all team
members from MWDOC and the PAs that need
access to the SharePoint Site.
Key Deliverables
Meeting agenda, PowerPoint presentation, and
notes for both kickoff meetings (2x).
Meeting agenda and summary of action items for
each 1:1 meeting with the PAs.
Monthly invoice, budget tracker, and progress
report (11).
Master Action and Decision Item log with ongoing
updates.
Task 2: Data Collection and
Information Review
Carollo will make use of the 2020 UWMPs, where
possible. Carollo will access the 2020 UWMPs and
previous water loss audits and Urban Water Use
Objective Reports from the DWR’s Water Use Efficiency
(WUE) Data Portal website. Carollo will also request the following documents from MWDOC for review:
Metropolitan’s 2025 UWMP draft.
2025 Orange County Water Agencies Demand
Forecast by agency.
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2025 Orange County Water Agencies Demand
Forecast Technical Memorandum.
MWDOC’s 2022 The Economic Impacts of Water
Shortages on Orange County Report.
2025 Orange County Water and Wastewater MultiJurisdictional Local Hazard Mitigation Plan (MJHMP) with each PA’s annex.
MWDOC’s water use efficiency programs
information, including activities related to Making
Conservation a California Way of Life framework and
Urban Water Use Objective compliance approaches.
MWDOC’s water loss control programs information,
including leak detection activities summaries for
each PA that participates in this program.
Key Assumptions
MWDOC will provide the following files in native
format for both MWDOC and all PAs:
» 2020 UWMP report files in MS Word.
» 2020 UWMP tables in MS Excel.
» 2020 WSCP report files in Word.
» 2020 WSCP tables in MS Excel (if optional
updates are requested).
» 2025 UWMP demand forecasts in MS Excel
(prepared by Hazen and Sawyer).
Native 2020 UWMP and WSCP files will be provided
within 1 month of the NTP.
Carollo will access relevant Orange County Water
District (OCWD) documents available through the
OCWD website. For any documents and information
not available on the OCWD website, Carollo will
include those in the data request to MWDOC
Carollo will request additional PA-specific documents e.g., Water Master Plans, Recycled Water Master
Plans, Hazard Mitigation Plans, etc. from the PAs to
support the preparation of the 2025 UWMPs.
Key Deliverables
Prioritized Data Request matrix in Excel with updates.
Task 3: Draft and Final Draft 2025 UWMP
Carollo will write and format all sections of the 2025
UWMPs in accordance with the CWC requirements
following the guidance from DWR’s 2025 UWMP
Guidebook once released. This includes preparation of
the reports that will allow easy uploading to DWR in the required electronic format.
Carollo will respond/revise the 2025 UWMP in case
DWR considers the submittal to be non-compliant with
the Guidebook requirements and Carollo was provided
with the necessary information to meet the Guidebook
requirements. Carollo will address the comments to
the satisfaction of the PA and DWR within 3 months of
receiving comments from DWR.
Task 3A – Draft UWMP
Carollo will prepare the Draft 2025 UWMP including
all necessary appendices and DWR tables for
MWDOC and each PA and relevant agencies for
review and comment.
Carollo will complete the DWR UWMP Preparation
Checklist for MWDOC and each PA.
Carollo will submit the Draft UWMP in native format
(MS Word) via posting on the project SharePoint Site.
Task 3B – Final Draft UWMP
Carollo will address all the comments received on
Draft 2025 UWMP, appendices and DWR tables to
prepare the Final Draft 2025 UWMP.
Carollo will submit two versions of the Final Draft
UWMP in native MS Word format (one with track
changes and one clean copy with all changes
accepted).
Carollo will create a consolidated PDF document
of the Final Draft UWMP and corresponding
attachments for public comment.
Key Assumptions
Comments on the Draft and Final Draft UWMPs will
be provided within 15 working days.
MWDOC and each PA will provide consolidated
comments in one single document using track
changes in the native Word files.
All deliverables will be submitted in electronic format only via posting on the project SharePoint Site.
Comments from DWR will be addressed outside the
11-month project window.
Key Deliverables
Draft 2025 UWMP.
Final Draft 2025 UWMPs.
Task 4: Final 2025 UWMP
As part of this task, Carollo will incorporate public
comments received during the public hearing process,
and as approved and instructed by the respective PA.
Carollo then will prepare the Final 2025 UWMP for
MWDOC and all PAs with the inclusion of Adoption
Notices. A consolidated PDF of the Final UWMP will all
appendices, along with the native files will be uploaded to the SharePoint Site such that MWDOC and PAs can
complete submittal to DWR.
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PREPARATION FOR ORANGE COUNTY WATER AGENCIES
Key Assumptions
MWDOC and all PAs will each coordinate their Public
Hearings and subsequently gather and consolidate
any public comments received.
Carollo will receive one consolidated electronic copy of all public comments that must be incorporated
within 2 weeks of the public hearing and no later
than June 1, 2026.
Key Deliverables
Final 2025 UWMPs.
Optional Services
MWDOC and PAs may opt to have any of the following
services in addition to those described under Tasks 1
through 4.
Optional Task 1: In-Person Individual Meetings
Carollo will schedule and attend individual in-person
meetings with MWDOC and/or PAs. It is assumed that
these meetings would not exceed 1 hour in duration.
The fee estimate for this task represents one (1) extra meeting. MWDOC and/or PA(s) may elect to add
multiple additional in-person meetings.
Optional Task 2: Additional Virtual 1:1 Meetings
Carollo will attend one extra virtual 1:1 meeting of
up to 1 hour with MWDOC and/or PAs. It is assumed
that these meetings would take place during the
preparation of the Final Draft UWMPs. The fee estimate
for this task represents one (1) extra virtual meeting.
MWDOC and/or PA(s) may elect to add multiple
additional virtual meetings.
Optional Task 3A: Additional
Coordination (Option A)
This task can be utilized to accommodate some
additional coordination effort required for agencies that have complicated arrangements, limited staff, and/or
competing interests. For budgeting purposes, this effort is limited to approximately 10 extra labor hours and up to $2,500 per Plan.
Optional Task 3B: Additional
Coordination (Option B)
This task can be utilized to accommodate more
extensive additional coordination effort required for
agencies that have complicated arrangements, limited
staff, and/or competing interests. For budgeting
purposes, this effort is limited to approximately 20 extra labor hours and up to $5,000 per Plan.
Optional Task 4A: Ripple Effects (Option A)
This task would provide additional budget to process
minor changes that might arise from Metropolitan or
other new/changed data sources after completion of
the Draft UWMP that would require changes that ripple
through multiple tables and/or chapters. For budgeting
purposes, this effort is limited to approximately 10 hours and $2,500 per Plan.
Optional Task 4B: Ripple Effects (Option B)
This task would provide additional budget to process
more extensive changes that might arise from
Metropolitan or other new/changed data sources after
completion of the Draft UWMP that would require
changes that ripple through multiple tables and/or
chapters. For budgeting purposes, this effort is limited to approximately 20 hours.
Optional Task 5A: Water Shortage
Contingency Plan Revision (Option A)
This task can be utilized by PAs who decide to
republish their 2020 WSCP by modifying the
shortage levels and associated actions, consistent
with Chapter 8 of the 2025 UWMP. This task does
not include any WSCP modifications triggered by
changes in water supplies, MET’s shortage triggers,
Hazard Mitigation Plans, Climate Action Plans, and/
or Communication Plans. The 1:1 meeting with the PA
included in Task 1 will be used to discuss the changes
in shortage levels and actions with the PA. Optional
Task O1 or O2 can be utilized if additional meetings with the PA are warranted to complete this optional task.
Optional Task 5B: Water Shortage
Contingency Plan Revision (Option B)
This task can be utilized by PAs who decide to only
make moderate updates to their 2020 WSCP by
modifying the shortage levels and associated actions,
consistent with Chapter 8 of the 2025 UWMP. In
addition, changes in Hazard Mitigation Plans, Climate
Action Plans, and/or Communication Plans will be
incorporated in the updated WSCP. Up to one (1)
additional virtual 1:1 meetings of up to 1 hour will be held to discuss the content change with the PA.
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PREPARATION FOR ORANGE COUNTY WATER AGENCIES
Optional Task 5C: Water Shortage
Contingency Plan Revision (Option C)
This task can be utilized by PAs who decide to make
significant updates to their 2020 WSCP to incorporate
changes in water supplies, MET’s shortage triggers,
Hazard Mitigation Plans, Climate Action Plans, and/
or Communication Plans. As part of this task, the
Carollo team will revise the 2020 WSCP and revisit the
6 shortage levels or other requirements as defined
in the draft guidebook tables and consistent with
Chapter 8 of the 2025 UWMP. Up to two (2) additional
virtual 1:1 meetings of up to 1 hour will be held to discuss the content change with the PA.
Optional Task 6: Adoption Process Support
For PAs who elect this optional task, Carollo will
coordinate and prepare up to five (5) notifications for the circulation of the Final Draft UWMP that can be
circulated to the public, cities, and county. In addition, Carollo will prepare the resolution for 2025 UWMP
Adoption.
Optional Task 7A: Management/Board/
Public Hearing Presentation Template
Carollo will prepare a PowerPoint presentation template that can easily be populated with content from the
Final Draft 2025 UWMP by MWDOC or PA to conduct
a 10-minute/10-15 slide presentation to their Executive Management, Board of Directors, or General Public.
Only one (1) template will be prepared that can by
used by all agencies with clear placeholders on where
to change the agency name, logo, and which tables/
charts/content to replace on each slide.
Optional Task 7B: Management/Board/
Public Hearing Presentation
Carollo will utilize the template prepared as part of
Optional Task 7A to prepare a 10-minute PowerPoint
presentation that summarizes the 2025 UWMP and that
can be used by MWDOC or PA to present the report
to their Executive Management, Board of Directors, or
General Public. As desired, Carollo will either present at, or only attend, one Management/Board/Public
Hearing meeting as part of Optional Task 08.
Optional Task 8: Public Hearing Meeting
As part of this task, Carollo would attend the 2025
UWMP Public Hearing to provide backup and answer
any questions at the end of the public hearing process
at the meeting where the 2025 UWMP is on the
agenda for adoption. The fee estimate for this task
represents one (1) public hearing.
Optional Task 9: DWR Submittal
Carollo will submit the 2025 UWMP data to the DWR
WUE Portal online.
Optional Task 10A: 2025 UWMP 5 Hard Copies
Carollo will print and deliver up to 5 hard copies of the 2025 UWMP with appendices.
Optional Task 10B: 2025 UWMP 10 Hard Copies
Carollo will print and deliver up to 10 hard copies of the 2025 UWMP with appendices.
Optional Task 11A: Incorporate
Climate Impacts (Option A)
Carollo will review how climate change impacts
were considered in the 2025 UWMP demand
forecast developed by another consultant and
make recommendations for potentially more/less
conservative demand forecasting adjustments for
normal, dry, and/or wet years using AWWA’s guidebook
“Incorporating Climate Change Impacts into Demand
Forecasting" (AWWA, 2025). It is assumed that this
optional task would be elected by MWDOC and/or
PA(s) at the project kickoff to avoid ripple effects. The 1:1 meeting included in Task 1 would be used to discuss and decide on potential modifications of the demand
forecast numbers provided at the start of the project.
Optional Task 11B: Incorporate
Climate Impacts (Option B)
Carollo will incorporate climate change impacts in the
supply availability consistent with the assumptions
and findings of MWDOC's Water Reliability Study,
specifically as it pertains to projected imported water availability under single dry and multiple dry year
conditions. The 1:1 meeting included in Task 1 would be used to discuss and decide on potential modifications
of the demand forecast numbers provided at the start
of the project.
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PREPARATION FOR ORANGE COUNTY WATER AGENCIES
D. Project Schedule
Project Schedule
Meeting the aggressive project schedule of
11 months is one of the key project challenges.
Our team has completed many complex
planning efforts with multi-agency coordination
of similar and larger scope/scale successfully
under tight schedules. With the specialty
expertise and availability of our team, we
are committed to completing the final 2025
UWMPs by June 12, 2026 such that there
ample time for submittal to DWR by the
deadline of July 1, 2026.
The proposed project schedule is based on our
project understanding and a contract award by
August 1, 2025 as noted in the RFP. The work
effort to be completed by the Carollo team is
shown in blue bars, while the MWDOC and
participating agencies (PAs) reviews are shown
in orange. All key deliverables are shown with
white (draft) and dark blue (final) dots.
The project schedule aligns with the work plan,
our approach, and meets the timeline listed in
the RFP. This schedule is based on the following
key assumptions:
The project kick-off meeting with MWDOC is
held in the week of August 8, 2025.
The project kick-off meeting with the PAs is
held in the week of September 5.
The virtual bi-weekly PM meetings with
MWDOC will be held starting in the week of
August 22, 2025 through the week of
June 19, 2026.
The one-on-one meetings with the PAs will
be completed within a 3-week period, with
1-hour time slots per PA.
MWDOC and PA staff will review all
deliverables within 2 weeks.
All project meetings will be scheduled at the
start of the project and take place virtually
using MS Teams (or similar), unless in-person
meetings are requested by MWDOC and PAs
as part of the optional tasks.
Task Name
2025 2026
August September October November December January February March April May June July 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 6 13 20 27 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 1 6 11 16 1 Project Management
1A Kicko and PA meetings
PM Check-in Calls with MWDOC
1B Invoicing and Progress Reporting
1C Quality Control
Project Management Plan
1D Data Management and Organization
2 Data Collection and Information Review
Data from MWDOC/OCWD
Data from PAs
3 Draft and Final Draft UWMP
3A Draft UWMP
MWDOC
Group 1 Agencies
Group 2 Agencies
Group 3 Agencies
Group 4 Agencies
3B Final Draft UWMP
MWDOC
Group 1 Agencies
Group 2 Agencies
Group 3 Agencies
Group 4 Agencies
4 Final 2025 UWMP
MWDOC
Group 1 Agencies
Group 2 Agencies
Group 3 Agencies
Group 4 Agencies
5 Optional Tasks
O1 In-Person Individual Meetings
O2 Second Virtual 1:1 Meeting
O3 Additional Coordination
O4 Incorporating Ripple E ects
O5 Water Shortage Contingency Plan Revisions
MWDOC
Group 1 Agencies
Group 2 Agencies
Group 3 Agencies
Group 4 Agencies
O6 Adoption Process Support
O7 Prepare Public Hearing Presentations
O8 Public Hearing Meetings
O9 DWR Submittals
O10 2025 UWMP Hard Copies
O11 Incorporate Climate Impacts
NTP
1 2 3 4 5 6 7 8 9 10 11
* To streamline the work e ort and deliverables, we have grouped the UWMPs of the 22 PAs listed in the “Responses to Questions” to the RFP into 4 groups. The grouping will be fi nalized at the kicko meeting with MWDOC based on the fi nal list of PAs. For example:
Group 1: Approximately 5 of 11 OCWD Groundwater Agencies Group 2: Approximately 6 of 11 OCWD Groundwater Agencies Group 3: Approximately 5 OCWD Groundwater Agencies with Recycled Water Group 4: Approximately 6 South County Agencies with Recycled Water & Non-OCWD Groundwater Agencies LEGEND
Work by the Carollo Team
Data Gathering/Reviews by MWDOC/PAs
1:1 Meetings with PAs
30-day Public Review/Agency Review
Kicko meetings
PM Check-in Calls with MWDOC
Invoice number
Internal
Deliverables to MWDOC and PAs
1 1:1 mtgs
Pilot & Template
Kicko with
MWDOC
Kicko with PAs
DWR Submittal
Period
DWR Submittal Deadline (7/1/2026)
Thanksgiving Week
Winter Holidays
DWR Submittal
Period
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E. Fee Schedule
FEE SUMMARY PROPOSAL - COST PER CATEGORY OF UWMP
UWMP Category
Minimum of
15 Agencies
More than
20 Agencies
MWDOC $74,727
Group 1 - OCWD Groundwater Agencies $41,488 $40,433
Group 2 - OCWD Groundwater Agencies with Recycled Water $44,637 $43,582 Group 3 - South Orange County Agencies with Recycled Water $47,251 $46,196 Group 4 - South Orange County Agencies without Recycled Water $42,369 $41,314 Group 5 - Non-OCWD North County Groundwater Basin Agencies $47,251 $46,196 Fee Proposal
The Fee Proposal presented herein is based on our
current understanding of the anticipated Guidebook
Changes presented in the project understanding
(page 10) and the scope of work presented on pages
15-18. It should be noted that although this is not a
technically challenging project, the combined effort
is still an extensive undertaking. This project will
involve a lot of coordination with 20+ agencies and
3 versions of each UWMP with quality control of all
60+ plans to ensure accuracy and consistency. Our
fee proposal reflects the necessary effort to ensure
smooth approval of the 2025 UWMPs by DWR, such
that MWDOC and all Participating Agencies (PAs)
maintain full eligibility for state grants and loans.
Any significant changes incorporated in the Final
2025 UWMP Guidebook and/or requests to include
optional tables, could require a change in the level of effort and budget. We look forward to the opportunity
to negotiate these changes upon notice of selection
and release of the Final Guidebook.
The table shown below summarizes our estimated
costs to complete the 2025 UWMPs by agency group
as requested in the RFP. A detailed fee estimate with
a breakdown of labor hours by task, subtask, and
team member is provided on the next page.
Our key assumptions that affect our labor estimate
for this cost proposal include:
11-month duration.
22 biweekly project management calls of
½ hour duration.
All meetings will take place virtually using MS
Teams or similar platform, except for in-person
meetings included in Optional Task 1.
To streamline data gathering and deliverable
production, all PAs will be known at the kickoff
meeting with MWDOC.
The virtual/in-person 1:1 coordination meetings with
each of the PAs do not exceed 1 hour.
The virtual 1:1 coordination calls will take place
in designated meeting blocks of 4 hours each.
MWDOC will coordinate with the PAs to get all
virtual and/or in-person meetings scheduled.
The PAs will deliver all requested data using the
data gathering template (in Excel) provided via the
secure project SharePoint site, setup and hosted
by Carollo.
All deliverables will be delivered electronically.
Comments will be returned as a compiled set of
consolidated comments using track changes on
word documents and the comment response log
spreadsheet template provided by Carollo.
The optional tables and/or task items included
in the Scope of Work can be added individually
by each PA as desired, and/or modified or
supplemented with other optional task ideas as
desired by MWDOC and the PAs.
Printing of hard copy UWMPs are estimated to cost
$250 each, including shipping.
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B:\Marketing\Pursuits\Client20(OCO)\MWDOC\2025UWMP\Prop0525\Revised0725\E-Fee-rev0725 MWDOC / 2025 URBAN WATER MANAGEMENT PLAN
PREPARATION FOR ORANGE COUNTY WATER AGENCIES
CAROLLO ENGINEERS CDM SMITH MADDAUS WATER MANAGEMENT OTHER DIRECT COSTS TOTALS Task DescriptionPrincipal-in-Charge Graham JubyProject Manager Inge WiersemaProject EngineerAnthony CemoQC LeadJessica FritscheChapter 4 LeadNicola FontaineChapter Lead and Document SupportMyra LaraChapter 3 LeadBecky GatesAdministrative SupportUWMP QC LeadDan RodrigoChapter 6 LeadBrian ShepardChapter 7 LeadAndria LoutschChapter 8 LeadBill FernandezWSCP LeadBill FernandezAdministrative SupportWSCP QC LeadMichelle MaddausChapter 5 LeadTess KretschmannChapter 9 LeadNicki PowellWSCP Ch 3 LeadNicki PowellWSCP Ch 1/2/4 LeadVictoria BravoSubconsultant Markups (5%)PECE*Travel, Printing, MiscellaneousTotal ODCs*Labor HoursFee Estimate Hourly Rates ($/hr) $350 $350 $225 $285 $225 $175 $200 $150 $340 $165 $250 $240 $240 $165 $340 $240 $165 $165 $135 5% $15.00 Task 1 - Project Management 8 40 85 4 0 61 0 2 15 12 8 3 0 11 4 11 11 0 11 $946 $3,000 $- $3,946 286 $70,901 Kickoff with MWDOC 1 2 5 0 0 4 0 1 1 0 0 0 0 0 1 0 0 0 0 $34 $195 $- $229 15 $3,934 Kickoff with all PAs 1 2 5 0 0 4 0 1 1 1 0 0 0 0 1 0 0 0 0 $42 $195 $- $237 16 $4,107 1:1 Meeting with Individual PAs 0 0 2 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $60 $- $60 4 $860 Internal Biweekly Meetings 0 11 11 0 0 11 0 0 0 11 8 3 0 0 0 0 11 0 0 $318 $495 $- $813 66 $15,413 Biweekly PM Checkins with MWDOC 0 11 11 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $330 $- $330 22 $6,655 Task 1B - Invoicing and Progress Reporting 6 11 11 0 0 0 0 0 11 0 0 0 0 11 0 11 0 0 11 $484 $420 $- $904 72 $19,009 Task 1C - Quality Control per UWMP 0 0 0 4 0 0 0 0 2 0 0 0 0 0 2 0 0 0 0 $68 $60 $- $128 8 $2,628 Task 1D - Data Management and Organization 0 3 40 0 0 40 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $1,245 $- $1,245 83 $18,295 Task 2 - Data Collection and Review (per UWMP) 0 0 4 0 2 0 2 0 0 2 2 0 0 0 0 0 0 0 0 $42 $120 $- $162 12 $2,742 Task 3 - Draft and Final UWMP - MWDOC 0 6 52 0 28 8 6 44 4 28 28 16 0 0 4 6 8 0 0 $1,047 $2,160 $- $3,207 238 $53,447 Develop Pilot Template 0 2 40 0 16 0 0 32 4 4 4 4 0 0 4 0 0 0 0 $267 $1,350 $- $1,617 110 $25,057 Task 3A - Draft UWMP 0 2 8 0 8 4 4 8 0 16 16 8 0 0 0 4 6 0 0 $526 $510 $- $1,036 84 $18,546 Task 3B - Final Draft UWMP 0 2 4 0 4 4 2 4 0 8 8 4 0 0 0 2 2 0 0 $255 $300 $- $555 44 $9,845 Task 3 - Draft and Final UWMP - Group 1 Agencies 0 4 10 0 6 6 6 12 0 20 12 6 0 0 0 6 8 0 0 $525 $660 $- $1,185 96 $20,735 Task 3A - Draft UWMP 0 2 6 0 4 4 4 8 0 12 8 4 0 0 0 4 6 0 0 $345 $420 $- $765 62 $13,305 Task 3B - Final Draft UWMP 0 2 4 0 2 2 2 4 0 8 4 2 0 0 0 2 2 0 0 $181 $240 $- $421 34 $7,431 Task 3 - Draft and Final UWMP - Group 2 Agencies 0 4 10 0 14 6 6 12 0 18 18 6 0 0 0 6 8 0 0 $584 $780 $- $1,364 108 $23,884 Task 3A - Draft UWMP 0 2 6 0 8 4 4 8 0 12 12 4 0 0 0 4 6 0 0 $395 $480 $- $875 70 $15,315 Task 3B - Final Draft UWMP 0 2 4 0 6 2 2 4 0 6 6 2 0 0 0 2 2 0 0 $189 $300 $- $489 38 $8,569 Task 3 - Draft and Final UWMP - Group 3 Agencies 0 4 10 0 14 6 6 12 0 24 24 6 0 0 0 6 8 0 0 $708 $780 $- $1,488 120 $26,498 Task 3A - Draft UWMP 0 2 6 0 8 4 4 8 0 16 16 4 0 0 0 4 6 0 0 $478 $480 $- $958 78 $17,058 Task 3B - Final Draft UWMP 0 2 4 0 6 2 2 4 0 8 8 2 0 0 0 2 2 0 0 $231 $300 $- $531 42 $9,441 Task 3 - Draft and Final UWMP - Group 4 Agencies 0 4 10 0 10 6 6 12 0 15 15 6 0 0 0 6 8 0 0 $521 $720 $- $1,241 98 $21,616 Task 3A - Draft UWMP 0 2 6 0 6 4 4 8 0 10 10 4 0 0 0 4 6 0 0 $353 $450 $- $803 64 $13,963 Task 3B - Final Draft UWMP 0 2 4 0 4 2 2 4 0 5 5 2 0 0 0 2 2 0 0 $168 $270 $- $438 34 $7,653 Task 3 - Draft and Final UWMP - Group 5 Agencies 0 4 10 0 14 6 6 12 0 24 24 6 0 0 0 6 8 0 0 $708 $780 $- $1,488 120 $26,498 Task 3A - Draft UWMP 0 2 6 0 8 4 4 8 0 16 16 4 0 0 0 4 6 0 0 $478 $480 $- $958 78 $17,058 Task 3B - Final Draft UWMP 0 2 4 0 6 2 2 4 0 8 8 2 0 0 0 2 2 0 0 $231 $300 $- $531 42 $9,441 Task 4 - Final 2025 UWMP - MWDOC 0 2 4 0 2 4 2 8 0 6 4 2 0 0 0 2 0 0 0 $148 $330 $- $478 36 $7,778 Task 4 - Final 2025 UWMP - Group 1 Agencies 0 2 4 0 2 2 2 6 0 4 2 2 0 0 0 2 0 0 0 $106 $270 $- $376 28 $6,196 Task 4 - Final 2025 UWMP - Group 2 Agencies 0 2 4 0 2 2 2 6 0 4 2 2 0 0 0 2 0 0 0 $106 $270 $- $376 28 $6,196 Task 4 - Final 2025 UWMP - Group 3 Agencies 0 2 4 0 2 2 2 6 0 4 2 2 0 0 0 2 0 0 0 $106 $270 $- $376 28 $6,196 Task 4 - Final 2025 UWMP - Group 4 Agencies 0 2 4 0 2 2 2 6 0 4 2 2 0 0 0 2 0 0 0 $106 $270 $- $376 28 $6,196 Task 4 - Final 2025 UWMP - Group 5 Agencies 0 2 4 0 2 2 2 6 0 4 2 2 0 0 0 2 0 0 0 $106 $270 $- $376 28 $6,196 * ODCs include $15.00 per labor hour Project Equipment and Communication Expense (PECE).
Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B E. FEE SCHEDULE
CAROLLO / PROPOSAL / JULY 2025 22
B:\Marketing\Pursuits\Client20(OCO)\MWDOC\2025UWMP\Prop0525\Revised0725\E-Fee-rev0725 MWDOC / 2025 URBAN WATER MANAGEMENT PLAN
PREPARATION FOR ORANGE COUNTY WATER AGENCIES
CAROLLO ENGINEERS CDM SMITH MADDAUS WATER MANAGEMENT OTHER DIRECT COSTS TOTALS Task DescriptionPrincipal-in-Charge Graham JubyProject Manager Inge WiersemaProject EngineerAnthony CemoQC LeadJessica FritscheChapter 4 LeadNicola FontaineChapter Lead and Document SupportMyra LaraChapter 3 LeadBecky GatesAdministrative SupportUWMP QC LeadDan RodrigoChapter 6 LeadBrian ShepardChapter 7 LeadAndria LoutschChapter 8 LeadBill FernandezWSCP LeadBill FernandezAdministrative SupportWSCP QC LeadMichelle MaddausChapter 5 LeadTess KretschmannChapter 9 LeadNicki PowellWSCP Ch 3 LeadNicki PowellWSCP Ch 1/2/4 LeadVictoria BravoSubconsultant Markups (5%)PECE*Travel, Printing, MiscellaneousTotal ODCs*Labor HoursFee Estimate Optional Tasks
Task O1: In-Person Individual Meetings ($/mtg) 0 4 0 0 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $150 $100 $250 10 $2,700 Task O2: Additional Virtual 1:1 Meeting 0 0 2 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $60 $0 $60 4 $860 Task O3A: Additional Coordination (Option A) 0 2 2 0 1 1 0 0 0 1 1 0 0 0 0 1 0 0 0 $33 $90 $172 $295 9 $2,500 Task O3B: Additional Coordination (Option B) 0 4 4 0 2 2 2 1 0 1 1 1 0 0 0 1 1 0 0 $53 $225 $12 $290 20 $5,000 Task O4A: Incorporating Ripple Effects (Option A) 0 2 2 0 1 1 0 1 0 1 1 0 0 0 0 1 0 0 0 $33 $105 $7 $145 10 $2,500 Task O4B: Incorporating Ripple Effects (Option B) 0 4 4 0 2 2 2 4 0 1 1 1 0 0 0 1 1 0 0 $53 $270 $12 $335 23 $5,495 Task O5A: WSCP Revision (Option A) 0 1 1 0 0 0 0 8 0 0 0 0 2 0 1 0 0 12 0 $140 $150 $0 $290 25 $4,865 Task O5B: WSCP Revision (Option B) 0 1 1 0 0 0 0 8 0 0 0 0 4 0 2 0 0 16 12 $295 $150 $0 $445 48 $8,120 Task O5C: WSCP Revision (Option C) 0 2 4 2 0 0 0 8 2 0 0 0 12 0 4 0 0 20 24 $573 $240 $0 $813 78 $15,643 Task O6: Adoption Process Support 0 2 4 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $150 $0 $150 10 $2,450 Task O7A: Public Hearing Presentation Template 0 2 2 0 0 2 0 1 0 0 0 0 0 0 0 0 0 0 0 $0 $105 $0 $105 7 $1,755 Task O7B: Management/Board/Public Hearing
Presentation 0 0 2 0 0 2 0 1 0 1 0 0 0 0 0 0 1 0 0 $17 $75 $0 $92 7 $1,372 Task O8: Public Hearing Meetings ($/mtg) 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $60 $100 $160 4 $1,560 Task O9: DWR Submittal 0 1 1 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $90 $0 $90 6 $1,365 Task O10A: 2025 UWMP 5 Hard Copies 0 2 0 0 0 2 0 1 0 0 0 0 0 0 0 0 0 0 0 $0 $75 $1,250 $1,325 5 $2,525 Task O10B: 2025 UWMP 10 Hard Copies 0 2 0 0 0 2 0 1 0 0 0 0 0 0 0 0 0 0 0 $0 $75 $2,500 $2, 575 5 $3,775 Task 011A: Incorporate Climate Impacts (Option A) 0 2 2 4 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $180 $15 $195 12 $3, 385 Task 011B: Incorporate Climate Impacts (Option B) 0 2 4 0 0 0 0 0 2 16 4 0 0 0 0 0 0 0 0 $216 $90 $15 $321 28 $6,241 * ODCs include $15.00 per labor hour Project Equipment and Communication Expense (PECE).
Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B Exhibit B-2
Cost Summary
Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B Budget Groupings of Agencies Base Price Task O1: In-Person Individual Meetings ($/mtg) Task O2: Additional Virtual 1:1 Meeting Task O3A: Additional Coordination (Option A) Task O3B: Additional Coordination (Option B) Task O4A: Incoporating Ripple Effects (Option A) Task O4B: Incoporating Ripple Effects (Option B) Task O5A: Water Shortage Contingency Plan (WSCP) Revision (Option A) Task O5B: Water Shortage Contingency Plan (WSCP) Revision (Option B) Task O5C: Water Shortage Contingency Plan (WSCP) Revision (Option C) Task O6: Adoption Process Support Task O7A: Public Hearing Presentation Template Task O7B: Management/Board/ Public Hearing Presentation Task O8: Public Hearing Meetings ($/mtg) Task O9: DWR Submittal Task O10A: 2025 UWMP 5 Hard Copies Task O10B: 2025 UWMP 10 Hard Copies Task O11A: Incorporating Climate change Impacts (Option A) Task O11B: Incorporating Climate change Impacts (Option B) $ 2,700 $ 860 $ 2,500 $ 5,000 $ 2,500 $ 5,495 $ 4,865 $ 8,120 $ 15,643 $ 2,450 $ 1,755 $ 1,372 $ 1,560 $ 1,365 $ 2,525 $ 3,775 $ 3,385 $ 6,241 1 MWDOC $74,727 - - - - $ 2,500 - - - - - $ 1,755 - - $ 1,365 - - - - $ 80,347 $ 5,620 2 City of Buena Park $40,433 - $ 860 - - $ 2,500 - - $ 8,120 - $ 2,450 - $ 1,372 $ 1,560 $ 1,365 $ 2,525 - - - $ 61,185 $ 20,752 3 City of Fullerton (not a part of MWDOC) $40,433 $ 2,700 $ 860 $ 2,500 - $ 2,500 - - $ 8,120 - $ 2,450 - $ 1,372 $ 1,560 $ 1,365 $ 2,525 - $ 3,385 - $ 69,770 $ 29,337 4 City of Garden Grove $40,433 - $ 860 $ 2,500 - - $ 5,495 - $ 8,120 - $ 2,450 $ 1,755 $ 1,372 $ 1,560 $ 1,365 - - - - $ 65,910 $ 25,477 5 City of La Palma $40,433 - $ 860 - - - - - - - - - $ 1,372 - $ 1,365 - - - - $ 44,030 $ 3,597 6 City of Orange $40,433 - - - - - - $ 4,865 - - - - - - $ 1,365 - - - - $ 46,663 $ 6,230 7 City of Seal Beach $40,433 - - - - - - $ 4,865 - - - - $ 1,372 $ 1,560 $ 1,365 - - - - $ 49,595 $ 9,162 8 City of Tustin $40,433 - - - - - - $ 4,865 - - - - - - - - - - $ 6,241 $ 51,539 $ 11,106 9 Yorba Linda Water District $40,433 $ 2,700 $ 860 - - - - - $ 8,120 - - $ 1,755 - $ 1,560 $ 1,365 - - - - $ 56,793 $ 16,360 10 City of Westminster $40,433 - - - - - - $ 4,865 - - - - - - $ 1,365 - - - - $ 46,663 $ 6,230 11 East Orange County Water District* $40,433 - - - - - - $ 4,865 - - $ 2,450 - $ 1,372 - $ 1,365 - - - - $ 50,485 $ 10,052 12 Huntington Beach $40,433 - $ 860 - - - - - - - - - - - - - - - - $ 41,293 $ 860 13 Serrano Water District* $40,433 - - - - - - $ 4,865 - - $ 2,450 - $ 1,372 - $ 1,365 - - - - $ 50,485 $ 10,052 14 City of Anaheim $43,582 $ 2,700 $ 860 - $ 5,000 - $ 5,495 - - $ 15,643 $ 2,450 $ 1,755 $ 1,372 $ 1,560 $ 1,365 - $ 3,775 $ 3,385 - $ 88,942 $ 45,360 15 City of Fountain Valley $43,582 - $ 860 - - $ 2,500 - - $ 8,120 - $ 2,450 $ 1,755 $ 1,372 - $ 1,365 - - - - $ 62,004 $ 18,422 16 City of Newport Beach $43,582 $ 2,700 - - - $ 2,500 - - $ 8,120 - $ 2,450 - $ 1,372 - $ 1,365 $ 2,525 - - - $ 64,614 $ 21,032 17 City of Santa Ana (not a part of MWDOC) $43,582 $ 2,700 $ 860 $ 2,500 - $ 2,500 - - - $ 15,643 $ 2,450 $ 1,755 $ 1,372 $ 1,560 $ 1,365 - - $ 3,385 - $ 79,672 $ 36,090 18 Mesa Water District $43,582 - - - - - - $ 4,865 - - - - - - $ 1,365 - - - - $ 49,812 $ 6,230 19 City of San Clemente $46,196 - - - - - - - $ 8,120 - - - $ 1,372 $ 1,560 $ 1,365 - - - - $ 58,613 $ 12,417 20 Santa Margarita Water District $46,196 - $ 860 $ 2,500 - $ 2,500 - - - - - - $ 1,372 $ 1,560 - - - $ 3,385 - $ 58,373 $ 12,177 21 South Coast Water District $46,196 - - - - $ 2,500 - $ 4,865 - - - $ 1,755 $ 1,372 $ 1,560 $ 1,365 - - $ 3,385 - $ 62,998 $ 16,802 22 Trabuco Canyon Water District $46,196 - - - - - - - - - $ 2,450 $ 1,755 - - $ 1,365 $ 2,525 - - - $ 54,291 $ 8,095 23 Laguna Beach County Water District $41,314 - - - - - - $ 4,865 - - - - $ 1,372 - $ 1,365 - - - - $ 48,916 $ 7,602 24 City of Brea $46,196 - - - - - - - $ 8,120 - $ 2,450 - $ 1,372 $ 1,560 - $ 2,525 - - - $ 62,223 $ 16,027 25 City of La Habra $46,196 - $ 860 - - - - - $ 8,120 - $ 2,450 - $ 1,372 $ 1,560 $ 1,365 $ 2,525 - - - $ 64,448 $ 18,252 $1,055,890 $ 13,500 $ 9,460 $ 10,000 $ 5,000 $ 20,000 $ 10,990 $ 38,920 $ 73,080 $ 31,286 $ 26,950 $ 14,040 $ 21,952 $ 18,720 $ 27,300 $ 15,150 $ 3,775 $ 16,925 $ 6,241 $ 1,419,179 $ 363,289 *Optional Tasks costs for EOCWD and Serrano WD are placeholder estimates only. Pending task selections from these two agencies.
Legend Status
Contingecy Items Activated
Not Activated
Last update: 8/5/2025
Total for All Agencies
Total
Exhibit B-2
Cost Summary For Development of 2025 Urban Water Management Plans Optional Tasks and Contingency Items Grand Total by Agency Total Optional/Contingency Tasks Selected MWDOC
OCWD Groundwater Agencies
OCWD Groundwater Agencies with Recycled Water
South County Agencies with Recycled Water
South County Agencies without Recycled Water
Non-OCWD Groundwater Agencies
Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B Cost Sharing Agreement for 2025 UWMP
18 EXHIBIT B
Cost Summary for Development of Urban Water Management Plans for 2025 Budget Groupings of Agencies Base Price Task O1: In-Person Individual Meetings ($/mtg) Task O2: Additional Virtual 1:1 Meeting Task O3A: Additional Coordination (Option A) Task O3B: Additional Coordination (Option B) Task O4A: Incoporating Ripple Effects (Option A) Task O4B: Incoporating Ripple Effects (Option B) Task O5A: Water Shortage Contingency Plan (WSCP) Revision (Option A) Task O5B: Water Shortage Contingency Plan (WSCP) Revision (Option B) Task O5C: Water Shortage Contingency Plan (WSCP) Revision (Option C) Task O6: Adoption Process Support Task O7A: Public Hearing Presentation Template Task O7B: Management/Board/ Public Hearing Presentation Task O8: Public Hearing Meetings ($/mtg) Task O9: DWR Submittal Task O10A: 2025 UWMP 5 Hard Copies Task O10B: 2025 UWMP 10 Hard Copies Task O11A: Incorporating Climate change Impacts (Option A) Task O11B: Incorporating Climate change Impacts (Option B) $ 2,700 $ 860 $ 2,500 $ 5,000 $ 2,500 $ 5,495 $ 4,865 $ 8,120 $ 15,643 $ 2,450 $ 1,755 $ 1,372 $ 1,560 $ 1,365 $ 2,525 $ 3,775 $ 3,385 $ 6,241 1 MWDOC $74,727 - - - - $ 2,500 - - - - - $ 1,755 - - $ 1,365 - - - - $ 80,347 $ 5,620 2 City of Buena Park $40,433 - $ 860 - - $ 2,500 - - $ 8,120 - $ 2,450 - $ 1,372 $ 1,560 $ 1,365 $ 2,525 - - - $ 61,185 $ 20,752 3 City of Fullerton (not a part of MWDOC) $40,433 $ 2,700 $ 860 $ 2,500 - $ 2,500 - - $ 8,120 - $ 2,450 - $ 1,372 $ 1,560 $ 1,365 $ 2,525 - $ 3,385 - $ 69,770 $ 29,337 4 City of Garden Grove $40,433 - $ 860 $ 2,500 - - $ 5,495 - $ 8,120 - $ 2,450 $ 1,755 $ 1,372 $ 1,560 $ 1,365 - - - - $ 65,910 $ 25,477 5 City of La Palma $40,433 - $ 860 - - - - - - - - - $ 1,372 - $ 1,365 - - - - $ 44,030 $ 3,597 6 City of Orange $40,433 - - - - - - $ 4,865 - - - - - - $ 1,365 - - - - $ 46,663 $ 6,230 7 City of Seal Beach $40,433 - - - - - - $ 4,865 - - - - $ 1,372 $ 1,560 $ 1,365 - - - - $ 49,595 $ 9,162 8 City of Tustin $40,433 - - - - - - $ 4,865 - - - - - - - - - - $ 6,241 $ 51,539 $ 11,106 9 Yorba Linda Water District $40,433 $ 2,700 $ 860 - - - - - $ 8,120 - - $ 1,755 - $ 1,560 $ 1,365 - - - - $ 56,793 $ 16,360 10 City of Westminster $40,433 - - - - - - $ 4,865 - - - - - - $ 1,365 - - - - $ 46,663 $ 6,230 11 East Orange County Water District $40,433 - $ 860 - - - - $ 4,865 - - - - - - $ 1,365 - - - - $ 47,523 $ 7,090 12 Huntington Beach $40,433 - $ 860 - - - - - - - - - - - - - - - - $ 41,293 $ 860 13 City of Anaheim $43,582 $ 2,700 $ 860 - $ 5,000 - $ 5,495 - - $ 15,643 $ 2,450 $ 1,755 $ 1,372 $ 1,560 $ 1,365 - $ 3,775 $ 3,385 - $ 88,942 $ 45,360 14 City of Fountain Valley $43,582 - $ 860 - - $ 2,500 - - $ 8,120 - $ 2,450 $ 1,755 $ 1,372 - $ 1,365 - - - - $ 62,004 $ 18,422 15 City of Newport Beach $43,582 $ 2,700 - - - $ 2,500 - - $ 8,120 - $ 2,450 - $ 1,372 - $ 1,365 $ 2,525 - - - $ 64,614 $ 21,032 16 City of Santa Ana (not a part of MWDOC) $43,582 $ 2,700 $ 860 $ 2,500 - $ 2,500 - - - $ 15,643 $ 2,450 $ 1,755 $ 1,372 $ 1,560 $ 1,365 - - $ 3,385 - $ 79,672 $ 36,090 17 Mesa Water District $43,582 - - - - - - $ 4,865 - - - - - - $ 1,365 - - - - $ 49,812 $ 6,230 18 City of San Clemente $46,196 - - - - - - - $ 8,120 - - - $ 1,372 $ 1,560 $ 1,365 - - - - $ 58,613 $ 12,417 19 Santa Margarita Water District $46,196 - $ 860 $ 2,500 - $ 2,500 - - - - - - $ 1,372 $ 1,560 - - - $ 3,385 - $ 58,373 $ 12,177 20 South Coast Water District $46,196 - - - - $ 2,500 - $ 4,865 - - - $ 1,755 $ 1,372 $ 1,560 $ 1,365 - - $ 3,385 - $ 62,998 $ 16,802 21 Trabuco Canyon Water District $46,196 - - - - - - - - - $ 2,450 $ 1,755 - - $ 1,365 $ 2,525 - - - $ 54,291 $ 8,095 22 Laguna Beach County Water District $41,314 - - - - - - $ 4,865 - - - - $ 1,372 - $ 1,365 - - - - $ 48,916 $ 7,602 23 City of Brea $46,196 - - - - - - - $ 8,120 - $ 2,450 - $ 1,372 $ 1,560 - $ 2,525 - - - $ 62,223 $ 16,027 24 City of La Habra $46,196 - $ 860 - - - - - $ 8,120 - $ 2,450 - $ 1,372 $ 1,560 $ 1,365 $ 2,525 - - - $ 64,448 $ 18,252 $1,055,890 $ 13,500 $ 10,320 $ 10,000 $ 5,000 $ 20,000 $ 10,990 $ 38,920 $ 73,080 $ 31,286 $ 24,500 $ 14,040 $ 20,580 $ 18,720 $ 27,300 $ 15,150 $ 3,775 $ 16,925 $ 6,241 $ 1,416,217 $ 360,327 Legend Status
Contingecy Items Activated
Not Activated
Last update: 8/7/2025
Total for All Agencies
Total
Exhibit B
Cost Summary For Development of 2025 Urban Water Management Plans Optional Tasks and Contingency Items Grand Total by Agency Total Optional/Contingency Tasks Selected MWDOC
OCWD Groundwater Agencies
OCWD Groundwater Agencies with Recycled Water
South County Agencies with Recycled Water
South County Agencies without Recycled Water
Non-OCWD Groundwater Agencies
AGENDA STAFF REPORT
DATE: September 8, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approving and Authorizing Amendment 1 to the On-Call Professional Maintenance Services Agreement with Lance
Edward Unkovich dba Free Lance Masonry for Concrete
and Masonry Maintenance and Repair Services
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7686:
1. Approving Amendment 1 to the On-Call Professional Maintenance Services Agreement for concrete and masonry maintenance and repair services with Lance Edward Unkovich dba Free Lance Masonry, dated October 3, 2022, as previously extended, to:
(a) to extend the term of the Agreement for a third extension from October 3, 2025 through October 3, 2026;
(b) supplementing the scope of services for the second extension by the additional services set forth in Exhibit A-1;
(c) to authorize an increase in total contract compensation by $86,225.00, which includes $11,225.00 for the second extension (revising second extension total compensation amount to $46,225.00) and the not-to-exceed sum of $75,000 for third extension, for a total not-to-exceed revised contract amount of $191,225; and,
2. Authorizing and directing the City Manager to execute Amendment 1 on behalf of the City.
BACKGROUND AND ANALYSIS:
On October 3, 2022, the City entered into an On-Call Professional Maintenance Services Agreement (Agreement) with Lance Edward Unkovich dba Free Lance Masonry (Free Lance) to perform concrete and masonry maintenance and repair services. Free Lance has been integral to providing services for ongoing masonry and concrete work for the scope of projects that are not able to be completed by
in-house personnel. Free Lance’s project scope and extensive multi-decade-long familiarity with the City staff and operations include the annual Main Street paver adjustments, College Park West entrance sign and walls, Bridgeport masonry walls, and any other general brick or block wall-related work.
Due to the breadth of work provided and consistently competitive pricing, Free Lance has reached the annual contract limit before the end of the current term.
Accordingly, staff recommends approving Amendment 1 to the Agreement to: (1) increase compensation by $11,225 for the remainder of the second-term extension ending October 3, 2025; (2) authorize a third one-year extension; and (3) allocate $75,000 for services to be performed under the third extension.
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 maintenance services agreement with Free Lance will not have a significant effect on the environment.
All maintenance and repair services under these Agreements will comply with all requirements of the California Environmental Quality Act (CEQA) and will generally be categorically exempt under Sections 15301 and 15302. Environmental impacts associated with each task order will be assessed under a separate effort.
LEGAL ANALYSIS:
The City Attorney has approved Amendment 1 and resolution as to form.
FINANCIAL IMPACT:
While an on-call agreement does not guarantee work for the vendor, sufficient funding has been budgeted in the approved FY 2025-2026 Budget and will be charged to the appropriate fund as needed.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7686:
1. Approving Amendment 1 to the On-Call Professional Maintenance Services Agreement for concrete and masonry maintenance and repair services with Lance Edward Unkovich dba Free Lance Masonry, dated October 3, 2022, as previously extended, to:
(a) to extend the term of the Agreement for a third extension from October 3, 2025 through October 3, 2026;
(b) supplementing the scope of services for the second extension by the additional services set forth in Exhibit A-1;
(c) to authorize an increase in total contract compensation by $86,225.00, which includes $11,225.00 for the second extension (revising second extension total compensation amount to $46,225.00) and the not-to-exceed sum of $75,000 for third extension, for a total not-to-exceed revised contract amount of $191,225; and,
2. Authorizing and directing the City Manager to execute Amendment 1 on behalf of the City.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Sean Low, Deputy Director of Public Works – Maintenance/Utilities ATTACHMENTS:
A. Resolution 7686
B. Amendment No. 1 to On-Call Professional Maintenance Services Agreement with Free Lance Masonry
C. On-Call Professional Maintenance Services Agreement with Free Lance Masonry
RESOLUTION 7686
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING
AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT 1 TO THE ON-CALL PROFESSIONAL MAINTENANCE
AGREEMENT WITH LANCE EDWARD UNKOVICH DBA FREE
LANCE MASONRY FOR CONCRETE AND MASONRY
MAINTENANCE AND REPAIR SERVICES
WHEREAS, on October 3, 2022, the City entered into an On-Call Professional Maintenance Services Agreement (Agreement) with Lance Edward Unkovich dba Free Lance Masonry (Contractor) for concrete and masonry maintenance and repair services with the original one-year term ending October 3, 2023 (Original Term) for a not-toexceed amount of $35,000 (Thirty-Five Thousand Dollars), with two optional one-year extensions at the discretion of the City at a total not-to-exceed amount of $35,000 (ThirtyFive Thousand Dollars) for each one-year extension; and, WHEREAS, the Agreement was extended by an extension letter pursuant to the City’s election for an additional one year (first extension) to October 3, 2024, and the Agreement was also extended pursuant to the City’s election for an additional one year (second extension) to October 3, 2025; and,
WHEREAS, the City and Contractor desire to amend the Agreement by this Amendment 1 to extend the contract term for a third extension to October 3, 2026, and to authorize an increase in compensation of $86,225.00 (an additional $11,225.00 for the second extension and the not-to-exceed amount of $75,000 for the third extension) for the services required in connection with the Agreement, for a revised total contract amount not to exceed $191,225.00 for the Original Term and all extensions, as provided herein.
NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows:
Section 1. The City Council hereby approves Amendment 1 to the On-Call Professional Maintenance Services Agreement dated October 3, 2025, as previously extended, including Exhibit A, attached hereto, (a) extending the term of the Agreement for a third extension from October 3, 2025 through and including October 3, 2026; and (b) increasing the total compensation by $86,225.00 (including $11,225.00 for the second extension and the not-to-exceed sum of $75,000 for the third extension) for a revised not-to-exceed amount of $191,225.00 for the total revised term of the Agreement.
Section 2. The City Council hereby authorizes and directs the City Manager to execute Amendment 1.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of September 2025 by the following vote:
AYES: Council Members _________________________________ NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Lisa Landau, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7686 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8th day of September 2025.
Gloria D. Harper, City Clerk
Agenda Item {{item.number}}
AGENDA STAFF REPORT
DATE: September 8, 2025
TO: Honorable Mayor and City Council
FROM: Patrick Gallegos, City Manager
SUBJECT: Approving and Authorizing the Transfer of the Public Works Superintendent Classification to the MidManagement and Confidential Employees Association Bargaining Unit and Temporarily Amending the Position’s Job Classification
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7687:
1. Approving the transfer of the Public Works Superintendent classification’s bargaining unit from Seal Beach Supervisors & Professionals Association to Mid-Management and Confidential Employees Association, effective September 8, 2025; and,
2. Corrects the job classification’s exempt status for the period from June 23, 2025 through September 13, 2025 and confirming that the position will be exempt thereafter; and,
3. Authorizing the City Manager, or designee, to execute all necessary documents and take actions required to classify the Public Works Superintendent in the new bargaining unit.
BACKGROUND AND ANALYSIS:
Public Works Superintendent Bargaining Unit Transfer
The Public Works Department oversees a broad range of responsibilities and specialized disciplines, requiring personnel with specific expertise and professional licenses to carry out its duties effectively. As the scope and complexity of municipal operations continue to evolve, it is critical that the City’s classification plan remains aligned with current regulatory standards, operational requirements, and workforce expectations.
On June 23, 2025, the City Council adopted Resolution 7663, which included an amendment to the City’s Classification Plan to establish the Public Works Superintendent position. At the time of adoption, the position was placed in the
Seal Beach Supervisors & Professionals Association (SBSPA). As the duties of the Public Works Superintendent more properly align with the Mid-Management and Confidential Employee Association (Mid-Management), which generally represents broader oversight and decision-making responsibilities, MidManagement has expressed formal interest and agreement in incorporating this classification into their bargaining unit.
Staff concurs with this transfer as this will clarify the proper representation for the role.
Public Works Superintendent Job Status Correction
When the Public Works Superintendent classification was created, the position was inadvertently designated as exempt from the Fair Labor Standards Act (FLSA); however, it was intended to be classified as non-exempt because the position was receiving overtime pay.
Staff recommends retroactively correcting this designation to non-exempt for the period from June 23, 2025 through September 13, 2025 to align with the City’s pay schedule. On September 13, 2025, coinciding with the effective date of the bargaining unit transfer, the position will be treated in accordance with the applicable provisions of the Mid-Management labor agreement, where the Public Works Superintendent classification would be in an exempt status and not entitled to overtime.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
The fiscal impact of this bargaining unit transfer is anticipated to be minimal and can be absorbed within the FY 2025-26 Public Works Department budget. Any differences in benefits will be consistent with those outlined in the MidManagement labor agreement.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7687:
1. Approving the transfer of the Public Works Superintendent classification bargaining unit from Seal Beach Supervisors & Professionals Association to Mid-Management and Confidential Employees Association, effective September 8, 2025; and,
2. Corrects the job classification’s exempt status for the period from June 23, 2025 through September 13, 2025 and confirming that the position will be exempt thereafter; and,
3. Authorizing the City Manager, or designee, to execute all necessary documents and take actions required to classify the Public Works Superintendent classification in the new bargaining unit.
NOTED AND APPROVED:
Patrick Gallegos
Patrick Gallegos, City Manager
Prepared by: Jennifer Robles, Management Analyst
ATTACHMENTS:
A. Resolution 7687
B. Public Works Superintendent Job Specification
RESOLUTION 7687
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING THE TRANSFER OF THE
PUBLIC WORKS SUPERINTENDENT CLASSIFICATION TO THE
MID-MANAGEMENT AND CONFIDENTIAL EMPLOYEE
ASSOCIATION BARGAINING UNIT AND TEMPORARILY
AMENDING THE POSITION’S JOB CLASSIFICATION
WHEREAS, on June 23, 2025, the City Council adopted Resolution 7663 authorizing an amendment to the Classification Plan to include the classification of the Public Works Superintendent; and,
WHEREAS, at the time of adoption, the Public Works Superintendent classification was placed in the Seal Beach Supervisors & Professionals Association; and, WHEREAS, the Public Works Superintendent job description inadvertently designated the position to be exempt status under the FLSA; and, WHEREAS, the Mid-Management and Confidential Employees Association has expressed its interest in, and agreement with, including the Public Works Superintendent classification within their bargaining unit; and, WHEREAS, the City finds the duties and responsibilities of the Public Works Superintendent job classification are more properly aligned with the MidManagement and Confidential Employee Association and the work going forward will cause the position to be considered exempt under the FLSA.
NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows:
Section 1. The City Council hereby approves the transfer of the Public Works Superintendent classification from Seal Beach Supervisors & Professionals Association to Mid-Management and Confidential Employees Association, effective September 13, 2025, to align with the City’s pay schedule.
Section 2. The City Council hereby corrects the Public Works Superintendent job classification as non-exempt from June 23, 2025 through September 13, 2025, but due to the additional responsibilities of this position will be considered exempt thereafter.
Section 3. The Council authorizes the City Manager, or designee, to execute all necessary documents and take actions required to implement the Public Works Superintendent classification transfer to the MidManagement and Confidential Employees Association.
PASSED, APPROVED, AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 8
th day of September 2025 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Lisa Landau, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7687 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8
th day of September 2025.
Gloria D. Harper, City Clerk
1 Public Works Superintendent
Department/Division: Public Works/Maintenance
Reports To: Deputy Director of Public
Works/Maintenance & Utilities
Provides Direction To: Senior Maintenance Worker, Maintenance Worker, Maintenance Aide
FLSA Exemption Status: Exempt
Date Prepared: June 23, 2025
Date Adopted by City Council: June 23, 2025
GENERAL PURPOSE
Under general administrative direction, leads and manages staff and operations related to streets and sidewalks, building and facilities, parks, trees and landscaping, beach & pier infrastructure, and other community assets. Oversees, coordinates and administers service delivery, ensures regulatory compliance, manages contracts, ensure operational readiness, and related work as required.
DISTINGUISHING CHARACTERISTICS
The Public Works Superintendent is distinguished from the Senior Maintenance Worker or Maintenance Worker by its responsibility for supervising multiple crews and contractors, managing broad-based public works function, and serving as a key liaison with staff, external agencies, and the public. This role has limited policy-making or budgetary authority compared to the Deputy Director of Public Works/Maintenance & Utilities, but is instrumental in operational planning, resource management, and frontline execution.
ESSENTIAL FUNCTIONS
The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the class. Additionally, due to the nature of the position, flexibility is required, and the incumbent may need to work evenings, weekends, or respond to after-hours emergencies when necessary. Assist in the development and implementation of department goals, objectives, and policies. Plan, prioritize, assign, supervise, and evaluate the work of staff and contractors across functional areas, including streets, sidewalks, beach and pier infrastructure, parks, landscaping, trees, and facilities.
2 Develop and manage maintenance schedules and service delivery methods. Ensure timely and effective delivery of services such as irrigation, tree care, pest and weed abatement, graffiti removal, playground safety, and facility upkeep. Oversee contractor performance, inspect completed work, and verify invoices for services rendered.
Participate in the recruitment, training, and evaluation of staff and contractors. Promote a safe, productive, and team-oriented work environment. Identify and address staff performance issues.
Estimate time, materials, and equipment for projects; order necessary supplies and ensure timely delivery.
Coordinate the use and maintenance of tools, vehicles, and equipment; ensure compliance with safety and traffic regulations.
Support the planning and execution of citywide special events and emergency response operations.
Prepare and maintain accurate records, reports, and project documentation. Assist the Deputy Director of Public Works/Maintenance and Utilities with budgeting, reporting, and operational planning.
Respond to public inquiries and complaints professionally and effectively. Liaise with other City departments, contractors, and external agencies to coordinate maintenance needs and uphold standards.
Participate in hands-on field maintenance as needed.
Respond to emergencies and assist in disaster preparedness, response, and recovery efforts.
These are not to be construed as exclusive or all inclusive. Other duties may be required and assigned.
QUALIFICATIONS GUIDELINES
Knowledge of:
Principles and practices of effective supervision, staff training, and performance evaluation Construction, maintenance, and repair methods for public infrastructure, including streets, sidewalks, parks, landscaping, trees, beach and pier facilities, buildings, and vehicles Applicable federal, state, and local codes and regulations, including workplace and traffic safety standards (e.g., CAL-OSHA, WATCH Manual)
Public sector budgeting, purchasing, and contract administration Operation and maintenance of tools, equipment, and vehicles used in public works Asset management systems and maintenance tracking software Techniques for effective report writing, recordkeeping, and presentation Ability to:
Supervise, organize, train, and evaluate staff and contracted service providers Plan and prioritize multiple projects and respond to shifting operational needs Analyze complex problems, evaluate alternatives, and implement practical solutions Read and interpret plans, blueprints, technical manuals, and specifications Inspect work for compliance with safety standards and technical requirements Estimate time, labor, equipment, and materials accurately 3 Interpret and apply regulations, policies, and procedures Prepare clear, concise reports and maintain accurate records Communicate effectively, both verbally and in writing Provide excellent customer service and respond to public inquiries with professionalism Establish and maintain positive working relationships with colleagues, contractors, vendors, and the public
Work in field environments with potential exposure to noise, dust, extreme weather, hazardous materials
Education/Training/Experience:
High School graduation or G.E.D. equivalent is required. Accredited course work in ornamental horticulture, engineering, construction management, public administration, or a related field, is highly desirable.
Experience & Training:
A minimum of seven (7) years of progressively responsible experience in public works operations and maintenance work, including at least five (5) years in a supervisory or lead role. Municipal or government agency experience preferred.
Licenses, Certificates; Special Requirements:
Required:
Valid Class C California Driver’s License with acceptable driving record, and evidence of insurance.
Valid certifications in confined space entry, trenching safety, and hazardous materials handling required or must be obtained within one year of appointment. The employee must be available for on-call, stand-by, and emergency call service.
Desirable:
ISA Certified Arborist, Playground Safety Inspector, and/or Pesticide Applicator License, is highly desirable.
PHYSICAL AND MENTAL DEMANDS
The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Physical Demands
While performing the duties of this class, the employee is constantly required to sit, and occasionally to stand and walk. The sensory demands include the ability to talk, and hear, both in person and by telephone; use hands to finger, handle, feel or operate computer hardware and standard office equipment; and reach with hands and arms above and below shoulder level. The employee occasionally lifts and carries material weighing more than 50 pounds. 4 Specific vision abilities required by this job include close vision and the ability to adjust focus.
Mental Demands
While performing the duties of this class, the employee is regularly required to use oral and written communication skills; read and interpret data; thoroughly analyze and solve problems; use math and mathematical reasoning; establish priorities and work on multiple assignments and projects concurrently; and interact appropriately City staff, contractors, vendors, general public, and others in the course of work.
WORK ENVIRONMENT
The employee frequently works in both office and field settings and is subject to variable weather conditions and traffic when outdoors. The employee is exposed to wetness, moisture, heat, mechanical and electrical hazards, chemicals, and dust. The employee works near sewer areas and is exposed to noxious fumes, odors, and raw sewage. When outdoors and working near heavy and general use equipment, the noise level may be occasionally loud, at or above 85 decibels level.
Agenda Item H
AGENDA STAFF REPORT
DATE: September 8, 2025
TO: Honorable Mayor and City Council
FROM: Patrick Gallegos, City Manager
SUBJECT: Approving an Amendment to the Classification Plan and Position Allocation Plan; and Designating the Pay Grade and Status of the Human Resources Manager Classification ________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7688:
1. Authorizing an amendment to the Classification Plan to add the Human Resources Manager position, and designating this job classification to Grade 36 on the Seal Beach Full-Time Pay Schedule; and,
2. Amending the Fiscal Year 2025-26 Position Allocation Plan to include one (1) full-time Human Resources Manager.
BACKGROUND AND ANALYSIS:
In accordance with the City’s Personnel Rules and Regulations, the Personnel Officer (designated as the City Manager) is authorized to “recommend and prepare revisions when necessary or desirable for maintenance and proper functioning of the Classification Plan.” Currently, the City’s Human Resources Division operates within the City Manager’s Office and is overseen by the Assistant City Manager.
However, the Assistant City Manager is also responsible for managing a broad range of City functions, including solid waste, policy development, and legislative affairs. These combined responsibilities have made it increasingly difficult to provide the focused attention necessary for effective human resources management.
To more effectively meet the City's growing and complex human resources needs, and in response to evolving labor and employment laws, increased regulatory requirements, and expanding workforce support, staff recommends the creation of a Human Resources Manager classification. This new position would provide dedicated leadership and oversight of the City’s Human Resources and Risk Management functions. Under the general supervision of the City Manager, the Human Resources Manager would be responsible for planning, directing, and managing all aspects of human resources services, including but not limited to:
• Employee and labor relations
• Recruitment and retention
• Classification and compensation
• Benefits administration
• Workers’ compensation
• Workplace investigations
• Risk management programs
A detailed job description is included as Attachment C.
The Personnel Officer has reviewed and complied with the provisions of Article II, Section 7.C. of the City’s Employer-Employee Relations Resolution in establishing this new classification. The Human Resources Manager position will be included in the Mid-Management and Confidential Employees Association bargaining group.
The Assistant City Manager position, which currently oversees human resources responsibilities, will remain unfilled, and responsibilities related to human resources will be transitioned to the new Human Resources Manager.
Upon City Council approval of the new Human Resources Manager classification, the City would open a recruitment to fill the position.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
The Human Resources Manager job classification is proposed to align with Grade 36 on the City of Seal Beach Full Time Pay Schedule. The annual salary range under Grade 36 has a minimum annual salary of $120,196.23 and a maximum annual salary of $146,099.26.
Position Grade Step 1
Annual
Step 5
Annual
Human Resources Manager 36 $120,196.23 $146,099.26
The adopted Fiscal Year 2025-2026 Position Allocation Plan allocates and funds one (1) full-time Assistant City Manager position. The proposed Human Resources Manager position will be funded by the Assistant City Manager salary savings.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7688:
1. Authorizing an amendment to the Classification Plan to add the Human Resources Manager position, and designating this job classification to Grade 36 on the Seal Beach Full-Time Pay Schedule; and,
2. Amending the Fiscal Year 2025-26 Position Allocation Plan to include one (1) full-time Human Resources Manager.
SUBMITTED, NOTED, AND APPROVED BY:
Patrick Gallegos
Patrick Gallegos, City Manager
Prepared by: Jennifer Robles, Management Analyst & Lauren Barich, Management Analyst
ATTACHMENTS:
A. Resolution 7688
B. Proposed Full-Time Salary Pay Schedule
C. Human Resources Manager Job Specification
RESOLUTION 7688
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING THE AMENDMENT TO THE
CLASSIFICATION PLAN AND DESIGNATING THE PAY GRADE
AND STATUS OF THE HUMAN RESOURCES MANAGER
POSITION
WHEREAS, the City’s Personnel Rules and Regulations authorizes the Personnel Officer to “recommend and prepare revisions when necessary or desirable for maintenance and proper functioning of the Classification Plan”; and, WHEREAS, human resources services are currently overseen by the Assistant City Manager; and,
WHEREAS, the Personnel Officer recommends establishing the Human Resources Manager classification to provide more focused attention towards human resources needs; and,
WHEREAS, the proposed Human Resources Manager classification will be placed at Grade 36 of the Full-Time Salary Schedule; and,
WHEREAS, the proposed Human Resources Manager classification will be classified in the Mid-Management and Confidential Employees Association; and, WHEREAS, staff recommends revising the Fiscal Year 2025-2026 Position Allocation Plan to reflect one (1) Human Resources Manager full-time position.
NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows:
Section 1. The City Council hereby approves the amendment to the Classification Plan to include the job specification attached hereto as Exhibit A and classification of Human Resources Manager.
Section 2. The City Council hereby designates the pay grade and status of the Human Resources Manager position to align with Grade 36 of the Full-Time Salary Schedule.
Section 3. The City Council hereby approves the amendment to the FY 2025- 2026 Position Allocation Plan to include one (1) Human Resources Manager full-time position.
Section 3. The Council authorizes the City Manager to execute all necessary documents and take any actions required to adopt and authorize the Human Resources Manager position.
PASSED, APPROVED, AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of September 2025 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Lisa Landau, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7688 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8th day of September 2025.
Gloria D. Harper, City Clerk
Grade Title Group Step 1 Annually Step 1 Monthly Step 1 Hourly Step 2 Annually Step 2 Monthly Step 2 Hourly Step 3 Annually Step 3 Monthly Step 3 Hourly Step 4 Annually Step 4 Monthly Step 4 Hourly Step 5 Annually Step 5 Monthly Step 5 Hourly 8 Community Services Officer OCEA $ 4,894.60 58,735.23 $ 28.24 $ $ 5,139.33 61,672.01 $ 29.65 $ $ 5,396.30 64,755.60 $ 31.13 $ $ 5,666.12 67,993.39 $ 32.69 $ $ 71,393.04 $ 34.32 5,949.42 $ 8 Maintenance Worker OCEA $ 4,894.60 58,735.23 $ 28.24 $ $ 5,139.33 61,672.01 $ 29.65 $ $ 5,396.30 64,755.60 $ 31.13 $ $ 5,666.12 67,993.41 $ 32.69 $ $ 71,393.04 $ 34.32 5,949.42 $ 8 Recreation Specialist OCEA $ 4,894.60 58,735.23 $ 28.24 $ $ 5,139.33 61,672.01 $ 29.65 $ $ 5,396.30 64,755.60 $ 31.13 $ $ 5,666.12 67,993.41 $ 32.69 $ $ 71,393.04 $ 34.32 5,949.42 $ 9 Accounting Tech SBSPA $ 5,142.39 61,708.71 $ 29.67 $ $ 5,399.51 64,794.16 $ 31.15 $ $ 5,669.49 68,033.83 $ 32.71 $ $ 5,952.96 71,435.57 $ 34.34 $ $ 75,007.33 $ 36.06 6,250.61 $ 11 Senior Building Technician SBSPA $ 5,402.72 64,832.65 $ 31.17 $ $ 5,672.86 68,074.27 $ 32.73 $ $ 5,956.51 71,478.09 $ 34.36 $ $ 6,254.34 75,052.05 $ 36.08 $ $ 78,804.57 $ 37.89 6,567.05 $ 12 Senior Community Services Officer OCEA $ 5,402.73 64,832.71 $ 31.17 $ $ 5,672.86 68,074.36 $ 32.73 $ $ 5,956.51 71,478.07 $ 34.36 $ $ 6,254.33 75,051.98 $ 36.08 $ $ 78,804.55 $ 37.89 6,567.05 $ 12 Senior Maintenance Worker OCEA $ 5,402.73 64,832.71 $ 31.17 $ $ 5,672.86 68,074.36 $ 32.73 $ $ 5,956.51 71,478.07 $ 34.36 $ $ 6,254.33 75,051.98 $ 36.08 $ $ 78,804.55 $ 37.89 6,567.05 $ 12 Water Operator OCEA $ 5,402.73 64,832.71 $ 31.17 $ $ 5,672.86 68,074.36 $ 32.73 $ $ 5,956.51 71,478.07 $ 34.36 $ $ 6,254.33 75,051.98 $ 36.08 $ $ 78,804.55 $ 37.89 6,567.05 $ 12 Mechanic OCEA $ 5,402.73 64,832.71 $ 31.17 $ $ 5,672.86 68,074.36 $ 32.73 $ $ 5,956.51 71,478.07 $ 34.36 $ $ 6,254.33 75,051.98 $ 36.08 $ $ 78,804.55 $ 37.89 6,567.05 $ 13 Executive Assistant - Confidential Mid-Mgmt $ 5,676.24 68,114.88 $ 32.75 $ $ 5,960.05 71,520.60 $ 34.38 $ $ 6,258.05 75,096.64 $ 36.10 $ $ 6,570.96 78,851.50 $ 37.91 $ $ 82,794.06 $ 39.80 6,899.51 $ 13 Executive Asstant SBSPA $ 5,676.24 68,114.88 $ 32.75 $ $ 5,960.05 71,520.60 $ 34.38 $ $ 6,258.05 75,096.64 $ 36.10 $ $ 6,570.96 78,851.50 $ 37.91 $ $ 82,794.06 $ 39.80 6,899.51 $ 13 Senior Accounting Technician SBSPA $ 5,676.24 68,114.88 $ 32.75 $ $ 5,960.05 71,520.60 $ 34.38 $ $ 6,258.05 75,096.64 $ 36.10 $ $ 6,570.96 78,851.50 $ 37.91 $ $ 82,794.06 $ 39.80 6,899.51 $ 14 Community Services Coordinator SBSPA $ 5,818.15 69,817.75 $ 33.57 $ $ 6,109.05 73,308.64 $ 35.24 $ $ 6,414.51 76,974.06 $ 37.01 $ $ 6,735.23 80,822.77 $ 38.86 $ $ 84,863.89 $ 40.80 7,071.99 $ 15 Code Enforcement Officer SBSPA $ 5,963.60 71,563.16 $ 34.41 $ $ 6,261.77 75,141.29 $ 36.13 $ $ 6,574.86 78,898.37 $ 37.93 $ $ 6,903.61 82,843.32 $ 39.83 $ $ 86,985.45 $ 41.82 7,248.79 $ 15 Police Recruit OCEA $ 5,818.15 69,817.74 $ 33.57 $ $ 6,109.05 73,308.64 $ 35.24 $ $ 6,414.51 76,974.06 $ 37.01 $ $ 6,735.23 80,822.76 $ 38.86 $ $ 84,863.89 $ 40.80 7,071.99 $ 16 Senior Water Operator OCEA $ 5,963.60 71,563.18 $ 34.41 $ $ 6,261.78 75,141.38 $ 36.13 $ $ 6,574.87 78,898.43 $ 37.93 $ $ 6,903.61 82,843.32 $ 39.83 $ $ 86,985.51 $ 41.82 7,248.79 $ 17 Cross Connection Specialist OCEA $ 6,040.92 72,491.06 $ 34.85 $ $ 6,358.86 76,306.38 $ 36.69 $ $ 6,693.54 80,322.50 $ 38.62 $ $ 7,045.83 84,550.00 $ 40.65 $ $ 89,000.00 $ 42.79 7,416.67 $ 18 Deputy City Clerk Mid-Mgmt $ 6,422.14 77,065.72 $ 37.05 $ $ 6,743.25 80,918.99 $ 38.90 $ $ 7,080.41 84,964.95 $ 40.85 $ $ 7,434.43 89,213.20 $ 42.89 $ $ 93,673.88 $ 45.04 7,806.16 $ 18 Police Civilian Investigator OCEA $ 6,265.51 75,186.07 $ 36.15 $ $ 6,578.78 78,945.36 $ 37.95 $ $ 6,907.72 82,892.63 $ 39.85 $ $ 7,253.11 87,037.27 $ 41.84 $ $ 91,389.15 $ 43.94 7,615.76 $ 19 Electrician OCEA $ 6,422.14 77,065.72 $ 37.05 $ $ 6,743.25 80,919.01 $ 38.90 $ $ 7,080.41 84,964.97 $ 40.85 $ $ 7,434.43 89,213.21 $ 42.89 $ $ 93,673.89 $ 45.04 7,806.16 $ 19 Bld Inspector SBSPA $ 6,582.70 78,992.38 $ 37.98 $ $ 6,911.83 82,941.99 $ 39.88 $ $ 7,257.43 87,089.11 $ 41.87 $ $ 7,620.29 91,443.52 $ 43.96 $ $ 96,015.72 $ 46.16 8,001.31 $ 20 Fleet Maintenance Program Manager SBSPA $ 6,747.26 80,967.17 $ 38.93 $ $ 7,084.63 85,015.55 $ 40.87 $ $ 7,438.86 89,266.29 $ 42.92 $ $ 7,810.80 93,729.62 $ 45.06 $ $ 98,416.11 $ 47.32 8,201.34 $ 20 Police Services Manager SBSPA $ 6,747.26 80,967.17 $ 38.93 $ $ 7,084.63 85,015.55 $ 40.87 $ $ 7,438.86 89,266.29 $ 42.92 $ $ 7,810.80 93,729.62 $ 45.06 $ $ 98,416.11 $ 47.32 8,201.34 $ 23 Marine Safety Officer SBMSMA $ 7,430.00 89,160.05 $ 42.87 $ $ 7,801.50 93,618.05 $ 45.01 $ $ 8,191.58 98,298.94 $ 47.26 $ $ 8,601.16 103,213.87 $ 49.62 $ $ 108,374.57 $ 52.10 9,031.21 $ 24 Assistant Planner SBSPA $ 7,473.49 89,681.83 $ 43.12 $ $ 7,847.16 94,165.92 $ 45.27 $ $ 8,239.52 98,874.26 $ 47.54 $ $ 8,651.50 103,817.98 $ 49.91 $ $ 109,008.85 $ 52.41 9,084.07 $ 25 Accountant Mid-Mgmt $ 7,633.91 91,606.93 $ 44.04 $ $ 8,015.61 96,187.28 $ 46.24 $ $ 8,416.39 100,996.64 $ 48.56 $ $ 8,837.21 106,046.46 $ 50.98 $ $ 111,348.78 $ 53.53 9,279.07 $ 25 Water Services Supervisor SBSPA $ 7,633.91 91,606.93 $ 44.04 $ $ 8,015.61 96,187.28 $ 46.24 $ $ 8,416.39 100,996.64 $ 48.56 $ $ 8,837.21 106,046.46 $ 50.98 $ $ 111,348.78 $ 53.53 9,279.07 $ 25 Maintenance Services Supervisor SBSPA $ 7,633.91 91,606.93 $ 44.04 $ $ 8,015.61 96,187.28 $ 46.24 $ $ 8,416.39 100,996.64 $ 48.56 $ $ 8,837.21 106,046.46 $ 50.98 $ $ 111,348.78 $ 53.53 9,279.07 $ 28 Police Records Supervisor PMA $ 8,012.83 96,153.90 $ 46.23 $ $ 8,413.47 100,961.60 $ 48.54 $ $ 8,834.14 106,009.66 $ 50.97 $ $ 9,275.84 111,310.13 $ 53.51 $ $ 116,875.64 $ 56.19 9,739.64 $ 26 Financial Analyst Mid-Mgmt $ 7,824.76 93,897.07 $ 45.14 $ $ 8,216.00 98,591.94 $ 47.40 $ $ 8,626.80 103,521.54 $ 49.77 $ $ 9,058.14 108,697.62 $ 52.26 $ $ 114,132.52 $ 54.87 9,511.04 $ 26 Management Analyst Mid-Mgmt $ 7,824.76 93,897.07 $ 45.14 $ $ 8,216.00 98,591.94 $ 47.40 $ $ 8,626.80 103,521.54 $ 49.77 $ $ 9,058.14 108,697.62 $ 52.26 $ $ 114,132.52 $ 54.87 9,511.04 $ 28 Asst Engineer SBSPA $ 8,220.89 98,650.64 $ 47.43 $ $ 8,631.93 103,583.18 $ 49.80 $ $ 9,063.53 108,762.33 $ 52.29 $ $ 9,516.70 114,200.44 $ 54.90 $ $ 119,910.46 $ 57.65 9,992.54 $ 28 Assoc Planner SBSPA $ 8,220.89 98,650.64 $ 47.43 $ $ 8,631.93 103,583.18 $ 49.80 $ $ 9,063.53 108,762.33 $ 52.29 $ $ 9,516.70 114,200.44 $ 54.90 $ $ 119,910.46 $ 57.65 9,992.54 $ 27 Police Officer POA $ 8,936.66 107,239.92 $ 51.56 $ $ 9,383.49 112,601.88 $ 54.14 $ $ 9,852.67 118,232.00 $ 56.84 $ $ 10,345.30 124,143.61 $ 59.68 $ $ 130,350.77 $ 62.67 10,862.56 $ 31 Marine Safety Lieutenant SBMSMA $ 9,052.74 108,632.82 $ 52.23 $ $ 9,505.38 114,064.50 $ 54.84 $ $ 9,980.64 119,767.69 $ 57.58 $ $ 10,479.67 125,756.07 $ 60.46 $ $ 132,043.90 $ 63.48 11,003.66 $ 30 Senior Planner Mid-Mgmt $ 9,042.99 108,515.84 $ 52.17 $ $ 9,495.13 113,941.57 $ 54.78 $ $ 9,969.89 119,638.71 $ 57.52 $ $ 10,468.39 125,620.62 $ 60.39 $ $ 131,901.62 $ 63.41 10,991.80 $ 28A Senior Utilities Supervisor SBSPA $ 9,221.47 110,657.69 $ 53.20 $ $ 9,706.82 116,481.79 $ 56.00 $ $ 10,217.70 122,612.41 $ 58.95 $ $ 10,755.47 129,065.69 $ 62.05 $ $ 135,858.62 $ 65.32 11,321.55 $ 28B Public Works Superintendent SBSPA $ 9,527.94 114,335.30 $ 54.97 $ $ 10,029.41 120,352.95 $ 57.86 $ $ 10,557.28 126,687.31 $ 60.91 $ $ 11,112.92 133,355.06 $ 64.11 $ $ 140,373.75 $ 67.49 11,697.81 $ 29 Police Corporal POA $ 9,389.08 112,668.92 $ 54.17 $ $ 9,858.53 118,302.38 $ 56.88 $ $ 10,351.46 124,217.51 $ 59.72 $ $ 10,869.03 130,428.38 $ 62.71 $ $ 136,949.76 $ 65.84 11,412.48 $ 36 Associate Engineer Mid-Mgmt $ 10,016.35 120,196.23 $ 57.79 $ $ 10,517.17 126,206.05 $ 60.68 $ $ 11,043.03 132,516.32 $ 63.71 $ $ 11,595.18 139,142.15 $ 66.90 $ $ 146,099.26 $ 70.24 12,174.94 $ 36 Finance Manager Mid-Mgmt $ 10,016.35 120,196.23 $ 57.79 $ $ 10,517.17 126,206.05 $ 60.68 $ $ 11,043.03 132,516.32 $ 63.71 $ $ 11,595.18 139,142.15 $ 66.90 $ $ 146,099.26 $ 70.24 12,174.94 $ 36 Human Resources Manager Mid-Mgmt $ 10,016.35 120,196.23 $ 57.79 $ $ 10,517.17 126,206.05 $ 60.68 $ $ 11,043.03 132,516.32 $ 63.71 $ $ 11,595.18 139,142.15 $ 66.90 $ $ 146,099.26 $ 70.24 12,174.94 $ 36 IT Manager Mid-Mgmt $ 10,016.35 120,196.23 $ 57.79 $ $ 10,517.17 126,206.05 $ 60.68 $ $ 11,043.03 132,516.32 $ 63.71 $ $ 11,595.18 139,142.15 $ 66.90 $ $ 146,099.26 $ 70.24 12,174.94 $ 36 Planning Manager Mid-Mgmt $ 10,016.35 120,196.23 $ 57.79 $ $ 10,517.17 126,206.05 $ 60.68 $ $ 11,043.03 132,516.32 $ 63.71 $ $ 11,595.18 139,142.15 $ 66.90 $ $ 146,099.26 $ 70.24 12,174.94 $ 36 Recreation Manager Mid-Mgmt $ 10,016.35 120,196.23 $ 57.79 $ $ 10,517.17 126,206.05 $ 60.68 $ $ 11,043.03 132,516.32 $ 63.71 $ $ 11,595.18 139,142.15 $ 66.90 $ $ 146,099.26 $ 70.24 12,174.94 $ 38 Building Official Mid-Mgmt $ 10,523.44 126,281.24 $ 60.71 $ $ 11,049.61 132,595.27 $ 63.75 $ $ 11,602.09 139,225.04 $ 66.94 $ $ 12,182.19 146,186.24 $ 70.28 $ $ 153,495.58 $ 73.80 12,791.30 $ 39 Dep. Dir. of PW / Maint & Utilities Mid-Mgmt $ 10,786.52 129,438.21 $ 62.23 $ $ 11,325.84 135,910.11 $ 65.34 $ $ 11,892.13 142,705.60 $ 68.61 $ $ 12,486.74 149,840.87 $ 72.04 $ $ 157,332.91 $ 75.64 13,111.08 $ 38 City Clerk Executive $ 10,875.53 130,506.33 $ 62.74 $ $ 11,419.30 137,031.61 $ 65.88 $ $ 11,990.27 143,883.19 $ 69.17 $ $ 12,589.78 151,077.36 $ 72.63 $ $ 158,631.23 $ 76.27 13,219.27 $ 39 Marine Safety Chief Executive $ 11,147.41 133,768.93 $ 64.31 $ $ 11,704.78 140,457.37 $ 67.53 $ $ 12,290.02 147,480.21 $ 70.90 $ $ 12,904.52 154,854.20 $ 74.45 $ $ 162,596.94 $ 78.17 13,549.75 $ 37 Police Sergeant PMA $ 11,439.67 137,276.04 $ 66.00 $ $ 12,011.66 144,139.96 $ 69.30 $ $ 12,612.25 151,346.95 $ 72.76 $ $ 13,242.86 158,914.29 $ 76.40 $ $ 166,860.03 $ 80.22 13,905.00 $ 37A Police Lieutenant PMA $ 11,725.67 140,708.04 $ 67.65 $ $ 12,311.95 147,743.45 $ 71.03 $ $ 12,927.55 155,130.62 $ 74.58 $ $ 13,573.93 162,887.16 $ 78.31 $ $ 171,031.51 $ 82.23 14,252.63 $ 47 Dep. Dir. of PW / City Engineer Mid-Mgmt $ 13,142.32 157,707.88 $ 75.82 $ $ 13,799.44 165,593.27 $ 79.61 $ $ 14,489.41 173,872.93 $ 83.59 $ $ 15,213.88 182,566.56 $ 87.77 $ $ 191,694.86 $ 92.16 15,974.57 $ 44 Police Captain PMA $ 13,598.18 163,178.21 $ 78.45 $ $ 14,278.09 171,337.11 $ 82.37 $ $ 14,992.00 179,903.96 $ 86.49 $ $ 15,741.60 188,899.17 $ 90.82 $ $ 198,344.13 $ 95.36 16,528.68 $ 51 Director of Finance Executive $ 14,992.03 179,904.35 $ 86.49 $ $ 15,741.63 188,899.60 $ 90.82 $ $ 16,528.71 198,344.49 $ 95.36 $ $ 17,355.14 208,261.66 $ 100.13 $ $ 218,674.85 $ 105.13 18,222.90 $ 52 Director of Community Development Executive $ 14,992.03 179,904.35 $ 86.49 $ $ 15,741.63 188,899.60 $ 90.82 $ $ 16,528.71 198,344.49 $ 95.36 $ $ 17,355.14 208,261.66 $ 100.13 $ $ 218,674.85 $ 105.13 18,222.90 $ 55 Director of Public Works Executive $ 16,548.39 198,580.70 $ 95.47 $ $ 17,375.81 208,509.73 $ 100.25 $ $ 18,244.60 218,935.17 $ 105.26 $ $ 19,156.83 229,881.96 $ 110.52 $ $ 241,376.03 $ 116.05 20,114.67 $ 57 Assistant City Manager Executive $ 17,146.11 205,753.29 $ 98.92 $ $ 18,003.41 216,040.96 $ 103.87 $ $ 18,903.59 226,843.02 $ 109.06 $ $ 19,848.76 238,185.17 $ 114.51 $ $ 250,094.40 $ 120.24 20,841.20 $ 59 Chief of Police Executive $ 18,266.33 219,195.91 $ 105.38 $ $ 19,179.65 230,155.74 $ 110.65 $ $ 20,138.62 241,663.48 $ 116.18 $ $ 21,145.56 253,746.67 $ 121.99 $ $ 266,434.01 $ 128.09 22,202.83 $ 65 City Manager N/A $ 270,000.00
Date of Revision: n/a; draft
Reason: proposed addition of HR Manager
Authorization: n/a
Effective pay period: n/a
City of Seal Beach
Effective as of 07/01/2025
Full-Time Employees Salary Schedule
FY 2025-2026
ATTACHMENT B: PROPOSED FULL-TIME EMPLOYEES SALARY SCHEDULE Human Resources Manager
Department/Division: City Manager’s Office
Reports To: City Manager
Provides Direction To: Not applicable
Labor Group Mid-Management and Confidential
Exemption Status: Exempt
Date Prepared: September 8, 2025
Date Adopted by City Council: September 8, 2025
GENERAL PURPOSE
Under general direction, performs complex, professional, and analytical work across a range of human resources functions, including labor relations, recruitment and selection, classification and compensation, benefits administration, training, risk management, and workers’ compensation; leads and coordinates Citywide personnel-related initiatives; and provides high-level staff support to the City Manager.
DISTINGUISHING CHARACTERISTICS
This is a management-level classification responsible for leading and coordinating the City’s human resources programs. The position requires advanced professional expertise and independent judgment in areas such as recruitment and selection, classification and compensation, employee and labor relations, benefits administration, risk management, and workers’ compensation. The role is focused on achieving City and departmental objectives. This role provides high-level professional support to the City Manager and plays a critical role in ensuring Citywide human resources compliance, consistency, and effectiveness.
ESSENTIAL FUNCTIONS
The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the class. • Plans, directs, and oversees all Human Resources and Risk Management programs, including recruitment, labor and employee relations, benefits administration, classification and compensation, workers’ compensation, and workplace investigations.
• Supervises, trains, and evaluates staff; assigns work and establishes goals to ensure efficient service delivery and compliance with policies and regulations.
Human Resources Manager
• Prepares and administers the department budget; monitors expenditures and ensures alignment with fiscal policies.
• Coordinates citywide recruitment and selection processes, ensuring compliance with employment laws and best practices in diversity, equity, and inclusion. • Administers employee benefits programs and serves as liaison between employees and vendors on health, retirement, and other benefit plans. • Manages the City’s classification and compensation system, including job description updates, salary studies, and market analysis. • Oversees leave administration programs (e.g., FMLA, CFRA, ADA, PDL) and ensures compliance with applicable laws and policies.
• Directs risk management functions, including oversight of workers’ compensation, claims investigations, liability assessments, ADA accommodations, and Fit for Duty evaluations.
• Conducts or oversees personnel investigations and advises departments on employee relations, disciplinary matters, and grievance procedures. • Leads or supports labor negotiations; develops strategies, interprets agreements, and advises management on labor-related issues.
• Administers consultant and vendor contracts, including drafting RFPs, evaluating proposals, and monitoring service delivery.
• Develops and delivers training programs to support staff development and regulatory compliance.
• Maintains accurate HRIS and personnel records in accordance with confidentiality and retention standards.
• Prepares reports, presentations, and policy recommendations; responds to complex inquiries and represents the department at Council and interdepartmental meetings.
These are not to be construed as exclusive or all inclusive. Other duties may be required and assigned.
QUALIFICATIONS GUIDELINES
Knowledge of:
• Principles and practices of public sector human resources, including recruitment, classification, compensation, benefits, labor relations, performance management, and risk management.
• Federal and state employment laws and regulations (e.g., FMLA, CFRA, ADA, FEHA, Cal/OSHA) and their application in a municipal setting. • Labor negotiations, contract administration, grievance handling, and disciplinary procedures.
• Risk management strategies, including claims handling, liability assessment, and workers’ compensation.
• Public administration, organizational development, budget preparation, and fiscal oversight.
Human Resources Manager
• Modern HR technology systems, including HRIS, applicant tracking, and common business software.
• Supervision principles, staff development techniques, and performance evaluation methods.
• Effective communication, conflict resolution, and customer service practices.
Ability to:
• Plan, manage, and coordinate complex human resources and risk management functions.
• Interpret and apply laws, regulations, contracts, and policies consistently and effectively.
• Analyze issues, evaluate options, and implement solutions aligned with organizational goals.
• Exercise discretion, sound judgment, and maintain confidentiality in sensitive matters.
• Lead and develop staff; foster collaboration and accountability. • Communicate clearly and effectively, both orally and in writing, to a variety of audiences.
• Prepare and manage departmental budgets and reports.
• Build positive working relationships across departments and with outside stakeholders.
• Manage multiple priorities in a dynamic environment with attention to detail and deadlines.
• Demonstrate professionalism, integrity, and adaptability in a public service role. • Demonstrate flexibility and initiative, including the ability to work extended hours as needed.
EDUCATION/ TRAINING/EXPERIENCE:
A Bachelor's degree from an accredited college or university with major coursework in Personnel or Human Resources Management, Business Administration, Public Administration or a related field.
EXPERIENCE & TRAINING:
A minimum of five (5) years of progressively responsible professional experience in public sector human resources administration, covering key functional areas such as recruitment and selection, classification and compensation, employee and labor relations, performance management, training and development, risk management, and benefits administration.
LICENSES AND CERTIFICATIONS
Valid Class C California Driver’s License with an acceptable driving record is required.
Human Resources Manager
Certifications & Associations in one or more of following is desirable:
• ARM - Associate in Risk Management
• ARM-P - Associate in Risk Management for Public Entities • CalPELRA - California Public Employer Labor Relations Association • CLRP - Certified Labor Relations Professional
• CRMP - Certified Risk Management Professional
• HRCI - Society Human Resource Management Certification • IPMA-CP – International Public Management Association Certified Professional • IPMA-HR - International Public Management Association for Human Resources • IPMA - SCP - International Public Management Association Senior Certified Professional
• PHR - Professional in Human Resources
• PHRca - Professional in Human Resources – California
• RIMS – Risk and Insurance Management Society
• SPHR - Senior Professional in Human Resources
PHYSICAL DEMANDS AND WORKING CONDITIONS
The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class.
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Physical Demands
Work is performed primarily in a standard office environment with occasional travel to offsite locations. Duties require prolonged or intermittent periods of sitting, standing, walking, reaching, bending, and twisting at the waist. The position involves frequent use of a computer, requiring hand and finger dexterity, wrist movement, and tolerance to screen glare, vibration, and varying pitch.
Depending on the assignment, the position may require kneeling, pulling, and carrying materials. Must be able to safely lift and carry files, books, and reports weighing up to 25 pounds, and retrieve items from low and high storage areas such as file drawers or countertops.
Specific vision abilities required by this job include close vision and the ability to adjust focus.
Mental Demands
While performing the duties of this class, the employee is regularly required to use oral and written communication skills; read and interpret data; thoroughly analyze and solve problems; use math and mathematical reasoning; establish priorities and work on multiple assignments and projects concurrently; and interact appropriately City staff, contractors, vendors, general public, and others in the course of work.
Agenda Item I
AGENDA STAFF REPORT
DATE: September 8, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Consideration of Award of Public Works Agreement to Covenant Technical Solutions, Inc., and Approval of
Amendment 3 to Professional Services Agreement with
Pacific Advanced Civil Engineering, Inc. for Engineering Services, Professional Services Agreement with Butier
Engineering, Inc. for Construction Management and
Inspection Services, and Authorization to Enter Into a New Orange County Water District Producer Well Construction Loan Agreement, and Approval for Budget Amendment BA
#26-03-03, for the Lampson Well Treatment System Project, CIP WT1902
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7689:
1. Approving the plans, specifications, and contract documents for the Lampson Well Treatment System Project, CIP WT1902 (Project); and,
2. Sustaining the bid protest of Metro Builders & Engineers Group, Ltd. (Metro Builders), and rejecting the bid of apparent low bidder, RE Chaffee Construction, Inc. (Chaffee), as non-responsive; and,
3. Awarding a Public Works Agreement with Covenant Technical Solutions, Inc. (CTS) for the Project in the not-to-exceed amount of $5,649,257, overruling the bid protest filed by Metro Builders contending that the bid was non-responsive, finding that CTS is the lowest responsible bidder, waiving minor bid irregularities in the bid, and rejecting all other bids; and,
4. Authorizing the City Manager to execute the Public Works Agreement with Covenant Technical Solutions, Inc. for the Project; and authorizing the City Manager to approve additional work requests and construction support/testing/inspection services up to $565,000 (approximately 10%), in connection with the Project; and,
5. Approving Amendment 3 to the Professional Services Agreement with Pacific Advanced Civil Engineer, Inc. for Engineering Services extending the term through and including June 30, 2028, and increasing the compensation by $144,870 for a revised total not-to-exceed amount of $586,475 for the Project; and,
6. Approving a Professional Services Agreement with Butier Engineering, Inc. for Construction Management and Inspection Services for the Project in the not-to-exceed amount of $494,722, and rejecting all other proposals; and,
7. Authorizing the City Manager to execute a Professional Services Agreement for Construction Management and Inspection Services with Butier Engineering, Inc. for the Project; and authorizing the City Manager to approve additional construction management and inspection services up to $50,000 (approximately 10%), in connection with the Project; and,
8. Approving and Authorizing the City Manager to execute a new Orange County Water District Producer Well Construction Loan Agreement reflecting an updated loan amount of $7,000,000; and,
9. Directing the City Manager to accept and expend the revised Orange County Water District Producer Well Construction Loan Agreement amount; and,
10. Approving Budget Amendment BA #26-03-03 in the amount $2,550,000 for CIP WT1902.
BACKGROUND AND ANALYSIS:
Lampson Well Treatment System, CIP WT1902, Solicitation for Bids On June 3, 2025, the City solicited public bids for the Lampson Well Treatment System (Project), CIP WT1902, and subsequently issued three (3) official addenda. The original Notice Inviting Bids, Instructions to Bidders and Bid Specifications, Addendum No. 1, Addendum No. 2 and Addendum No. 3 (collectively “Bid Documents”) may be reviewed in the Public Works Department and are not included with this staff report due to their length. Copies of Addendum No. 1 and Addendum No. 2 are also included with this staff report. (Attachments H and I)
On July 16, 2025, the City Clerk’s office received six (6) bids with the following base bid results:
Rank Contractor Total Base Bid
Low* RE Chaffee Construction, Inc. (Chaffee) $5,421,340.00 2 Covenant Technical Solutions, Inc. (CTC) $5,649,257.00 3** Metro Builders & Engineering Group, Ltd.
(Metro Builders) $7,722,445.00
4 MMC, Inc. $8,147,500.00
5 R C Foster Corporation $8,541,450.00
6*** Environmental Construction, Inc. $9,409,152.00
*Staff recommends City Council find the Chaffee Bid as non-responsive. **Metro Builder’s bid listed a base bid of $7,722,445.00, but their actual total base bid is $7,732,445.00. The discrepancy appears to be an error in totaling the individual bid line items.
***Environmental Construction, Inc.’s bid listed a base bid of $9,494,072, but their actual total base bid is $9,409,152. The discrepancy is due to an error in totaling the individual bid line items.
On July 22, 2025, Metro Builders, the third lowest bidder, submitted a bid protest to the City alleging that the bids of Chaffee (the apparent low bidder) and CTS (the second lowest bidder) were non-responsive and should be rejected, and that the City should award the contract to Metro Builders (Attachment E). Metro Builders identified the following grounds for its bid protest:
1. Chaffee’s bid overlooked the contractor’s procurement responsibilities for furnishing and installing filter equipment and filter media required by Bid Item 31 (Transport and Install Four Owner-Furnished 12-Diameter Steel Pressure Vessels). According to Metro Builders, Chaffee submitted a bid price of $70,000 for this line item, “which appears unreasonably low given the complexity and cost of the filter equipment and filter media.”
2. CTS’s technical ability and experience references were not completed by CTS as required, because the listed projects were started and completed prior to the license issue date, contrary to the requirements of the bidder’s questionnaire.
On August 25, 2025, Chaffee submitted a letter responding to the Metro Builders bid protest, acknowledging that their bid did not include the cost of the pressure vessels, but contended they followed the requirements of the Bid Documents as amended by Addendum No. 2, Question 6. They also asked the City to reject all bids and rebid the Project (Attachment F).
On August 29, 2025, CTS submitted a letter responding to Metro Builders’ protest with regard to the CTS bid (Attachment G).
A. Metro Builders Protest of the Chaffee Bid
In its protest against the apparent low bidder, Metro Builders contends that the Chaffee bid failed to include the cost of steel pressure vessels, and that this
omission rendered the Chaffee bid non-responsive. Chaffee’s response to the protest concedes that their bid did not include the cost of the vessels, but contends that it followed the requirements of the Bid Documents. Based on staff’s review of the Bid Documents, Metro Builders’ protest letter, Chaffee’s response, and consultation with the City Attorney, staff recommends that the City Council find Chaffee’s bid is non-responsive and is rejected, for the following reasons.
In responding to the protest, Chaffee stated as follows:
“Our proposal did not include the cost of the pressure vessels; however, media costs were included. We prepared our bid in accordance with bid item No. 31 in addendum #2, which specifies OWNER-FURNISHED 12’ DIAMETER STEEL PRESSURE
VESSELS PER PLANS. Additionally, Section 46-1300 – GAC
FILTER VESSELS was replaced entirely by Section 46-1300 – GAC FILTRATION MEDIA, indicating that providing the vessels is not the contractor’s responsibility. Therefore, our proposal includes only the filtration media as outlined in the documents.”
The Bid Documents included Bid Sheets requiring a bidder to list the cost for each individual bid line item. Bid Line Item 31 of the Bid Sheets provided “Furnish and Install Four (4) 12' Diameter Steel Pressure Vessels Per Plans LS 1” and provided spaces for a bidder to list the unit price and extended price for that item.
Following issuance of the Bid Documents, the City received a question seeking clarification whether the City or the selected contractor would provide the filter vessels for the Project. Question 6 was answered in Addendum No. 2, as follows:
“Question 6:
Please confirm who is to procure the GAC vessels.
a. The bid table says the contractor is to furnish and install b. Spec section 46-1300 1.01 A says the Owner has procured the GAC filter vessels.
Response to Question 6:
The Contractor shall furnish and install the four (4) GAC vessels per bid item No. 31.”
(Emphasis added.)
Section 46 1300 - GAC Filter Vessels, of the Bid Specifications originally stated that the City (Owner) has procured the filter vessels to be installed by the contractor. The original language of Spec section 46-1300 1.01 A originally provided that the City had procured the vessels (“The OWNER has procured the GAC filter vessels to be installed by the CONTRACTOR. The CONTRACTOR shall procure and install filter media for all four (4) filter vessels.”) Addendum No. 2, Question 6 deleted that language and replaced it with the following: “The
CONTRACTOR shall procure and install filter media for all four (4) filter vessels.” (Emphasis added.)
Examination of the bids submitted reflects that the Chaffee’s bid on this line item was significantly lower than the line item bids received from the other bidders, that all other bidders understood that the bid item was to include the cost of both furnishing and transporting the vessels, and that Chaffee misread the Bid Documents which, in Addendum No. 2, clearly and expressly stated that the contractor shall both procure and install the filter vessels. Chaffee’s failure to include the filter vessel cost significantly understated the base bid. The engineer’s estimate for the filter vessels was $1,250,000, and the other bids submitted prices that ranged from $760,000 to $1,450,000, amounts that were between ten and twenty times higher than Chaffee’s bid for that time. The bids submitted for the filter vessels (Line Item 31), reflect the following:
Bid Line Item 31 Unit Price Extended Price
Engineer’s Estimate $1,250,000 $1,250,000
Chaffee Construction $70,000 $70,000
Covenant Technical Solutions $760,000 $760,000
Metro Builders $1,138,833 $1,138,833
MMC, Inc. $1,450,000 $1,450,000
R C Foster Corporation $1,419,000 $1,419,000
Environmental Construction, Inc. $1,326,320 $1,326,320
Under California’s bidding laws, any irregularity or informality in the bid may be waived if it does not: (a) affect the amount of Chaffee’s bid; (b) give Chaffee an advantage over other bidders; (c) create a potential vehicle for favoritism; (d) influence potential bidders to refrain from bidding; or (e) affect the ability to make bid comparisons. Based on a detailed analysis of the bids and Bid Documents, it is staff’s recommendation that the City Council find that Chaffee’s bid was nonresponsive because it failed to include the cost to both furnish and transport the four (4) steel vessels, and that this omission was due to a unilateral mistake by Chaffee in reading the bid requirements. Chaffee’s mistake affects the amount of Chaffee’s base bid, because their mistake seriously understates the cost of the Project, affects the bid price, and would be unfair to other bidders who submitted a correct, higher bid based on the bid instructions. Their unilateral mistake was material, because it affects a core component of the bid -- the total price and scope of work.
For these reasons, staff recommends that the City Council find that it would be in the best interest of the City to sustain the protest and reject Chaffee’s bid because there is a material error or omission that renders Chaffee’s bid as non-responsive, that its mistake is material and cannot be waived by the City, and sustain the Metro Builder’s bid protest and reject the Chaffee bid as non-responsive.
B. Metro Builders Protest of the CTS Bid
Metro Builders also submitted a bid protest challenging the CTS bid as nonresponsive, on the grounds that CTS does not have the requisite experience as required by the Bid Documents. Metro Builders relied on the original Bid Specifications language related to the “Bidders Project History” and “Bidder’s Critical Staff” forms. However, as CTS provided in its response letter, in Addendum No. 1, the City’s response to Question 3 shows that the City revised the “Bidder’s Project History” and “Bidder’s Critical Staff” forms to allow project history and experience to be attributed to the bidder’s project management team.
This revision permits the inclusion of relevant experience gained by team members during prior employment with other firms. CTS’ bid was in compliance with the Bid Documents.
Further, any contention that CTS does not have the requisite experience to perform the Project goes to the question of whether CTS is a responsible bidder, not whether its bid was responsive. The question of “responsibility” addresses whether the bidder meets the City's standards for experience, reliability, and capability. The determination of whether a bidder is "responsible" is at the discretion of the City and is based on its assessment of the contractor's quality, fitness, capacity, and experience. In addition, the City cannot reject CTS based on a finding that it is not responsible, without first providing CTS with a due process hearing.
Based upon the references, qualifications, work experience, and cost, staff recommends that the City Council overrule the bid protest, deem CTS’ bid as responsive and that CTS is the lowest responsible bidder at the base bid price of $5,649,257.00, award the Project to CTS, waive any minor irregularities in the CTS bid, and reject all other bids. The Project plans are available in the City Engineer’s office.
C. Additional Comments and Recommendations
Staff further recommends, in connection with the CTS bid, that the City Council authorize the City Manager to approve additional work requests, construction support/testing up to a not-to-exceed amount of $565,000.
The scope of work includes the procurement, construction, and installation of a complete water treatment system, including, but not limited to, vessels, filter media, piping, structural concrete, excavation, electrical and control systems, air compressors, flow meters, and a wastewater pipeline upgrade.
The Project is tentatively scheduled to begin the mobilization and procurement phase in the Fall of 2025. While most work would take place on the Project site, intermittent traffic impacts along Lampson Avenue should be expected. Specific construction impacts would be relayed to the public as the construction schedule is further defined.
Lampson Well Treatment System, Engineering Services - Pacific Advanced Civil Engineering, Inc. (PACE)
On December 19, 2019, the City entered into an informal Professional Services Agreement (PSA) with PACE in the amount of $33,000 to complete a Pilot program (Pilot) to analyze the viability of using a Hybrid Biological Activated Carbon (HBAC) treatment to reduce/remove the nuisance odor resulting from H2S. The Phase 1 Pilot results yielded additional treatment options to further investigate necessitating an amendment for additional services.
On April 27, 2020, City Council adopted Resolution 7019 approving Amendment 1 for additional services for the Pilot, increasing the total not-to-exceed contract amount to $62,500.
On March 22, 2021, City Council adopted Resolution 7125 approving Amendment 2 to prepare the permanent H2S removal system design versus soliciting for additional design proposals, as allowable by Seal Beach Municipal Code
3.20.025(c). This Amendment increased not-to-exceed total contract amount to $441,605. In addition to the design of the treatment system, Amendment 2 scope of work included the procurement, fabricating and programming of five (5) Program Logic Controllers (PLC), a long lead item, to provide automated and manual controls for the HBAC treatment system.
During the design of the Lampson Well Treatment System, a 36-foot section of existing sewer pipe was found to be reduced from 8 inches to 4 inches, which is not adequate for the high backwash flows expected from the new system. To resolve this, the City and PACE agreed that PACE would install a parallel 8-inch pipe and an on-site retention tank to manage the increased flow. Additional engineering work included design changes, coordination with the California State Water Resource Control Board, and various system modifications. Due to the project’s complexity, additional construction engineering support and future semiautomation programming by PACE are also anticipated. To date, the PLC panels have been received by the City and are being stored at the Lampson Well site.
Staff recommends approving Amendment 3 to increase the PACE PSA compensation by $144,870, for a total not-to-exceed contract amount of $586,475, and to extend the term through and including June 30, 2028.
Lampson Well Treatment System, Construction Management & Inspection Services - Butier Engineering, Inc. (Butier)
On May 7, 2025, the City issued a Request for Proposals (RFP) for the Lampson Well Treatment System – Construction Management & Inspection Services and released one (1) addendum. Staff received seven (7) proposals and evaluated them based on the criteria outlined in the RFP. Staff interviewed the top three (3) firms and determined that Butier was the most qualified and the best fit for the project.
Butier has nearly 50 years of experience providing construction management and inspection services for public agencies on similar water treatment projects throughout Southern California. The firm focuses solely on independent construction management for various public entities and has over 20 years of experience working in the Orange County Groundwater Basin. Based in Tustin, with key staff based within the local area, Butier is well-positioned to provide responsive, hands-on support for the project.
Staff recommends approving a PSA with Butier for Construction Management & Inspection Services in the amount of $494,722 and authorizing the City Manager to approve additional construction management services up to $50,000 in connection with the Project.
Orange County Water District (OCWD) Producer Well Construction Loan The California State Legislature has granted OCWD the statutory authority to manage, regulate, replenish, and protect the quality of groundwater supplies within its service boundaries. Under the OCWD Act, the District is also authorized to enter into agreements with groundwater producers to increase groundwater production in lieu of using alternative non-tributary sources. These agreements aim to facilitate the removal of contaminants or pollutants from the groundwater basin, with OCWD funding a portion of the production costs to promote the beneficial use of impaired groundwater and improve overall water quality within the District.
In December 2024, the City submitted an application to OCWD for a loan through the OCWD Producer Well Construction Loan Program, in the amount of $4,450,000 over a 20-year term. The purpose of the loan is to provide treatment for the City’s high production Lampson Well (4,000 gpm) which has hydrogen sulfide and odor at higher flow rates, in order to provide a meaningful increase in the amount of groundwater the City can safely and reliably produce from the Basin.
On February 19, 2025, OCWD’s Board of Directors approved a Producers Well Construction Loan Agreement for the City of Seal Beach based on the City’s request for $4,450,000. On March 10, 2025, the City Council adopted Resolution 7623, approving the OCWD Producer Well Construction Loan Agreement in the amount of $4,450,000 for the Project.
Due to increased construction costs identified through the current public bidding process, and the addition of necessary construction management Services, the City is requesting an amendment to the loan amount to $7,000,000, subject to approval by the OCWD Board on September 10, 2025. Since no funds have been expended, OCWD staff will be recommending to cancel the existing agreement and issue a new agreement with the higher loan amount. Staff anticipates that revisions to the new agreement will be minimal and therefore requests authorization for the City Manager to execute the agreement upon approval by the OCWD Board. However, should the final agreement contain significant language changes, staff will bring it back to the City Council for review and approval.
In addition, staff requests a budget adjustment to increase the CIP WT1902 allocation in the adopted FY 2025–2026 budget from $4,980,167 to $7,530,167, to reflect the funding needs outlined in the Fiscal Impact section.
ENVIRONMENTAL IMPACT:
This project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under section 15301 Class 1, Subsection (b) of the CEQA Guidelines because this project is an alteration of a publicly owned utility facility involving negligible expansion of existing use.
LEGAL ANALYSIS:
The City Attorney has reviewed the agreements and approved the resolution as to form.
FINANCIAL IMPACT:
Funding for this project is contingent on OCWD approval of the City’s amended loan request of $2,550,000, increasing the total loan to $7,000,000.
Funding has been allocated for the Lampson Well Treatment System (CIP WT1902) in the FY 2025-2026 Capital Improvement Program budget. Staff is requesting a budget amendment which will update the project budget to reflect the revised OCWD loan amount.
The table below represents the proposed budget amendment for this project:
The Water and Sewer Rate Adjustment approved on August 11, 2025 was based on an assumed construction-related cost of $5,072,863. Due to ongoing industry volatility, it is recommended that the City Council authorize the additional OCWD loan amount and utilize reserves to cover the associated debt service increase.
The table below presents the estimated breakdown of the Project construction cost:
Description Amount
Pilot Project and Design (completed) $ 530,167
Construction
CTS - Total Base Bid $ 5,649,257
Contingency (approx. 10%) $ 565,000
Construction Cost $ 6,214,257
Construction Support
PACE Amendment 3 – Engineering $ 144,870
Butier – Construction Management $ 494,722
Butier – Contingency (approx.10%) $ 50,000
Construction Support Cost $ 689,592
Estimated CIP WT1902 Project Cost $ 7,434,016
Any unspent funds will be returned to the original funding source.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7689:
1. Approving the plans, specifications, and contract documents for the Lampson Well Treatment System Project, CIP WT1902 (Project); and,
2. Sustaining the bid protest of Metro Builders & Engineers Group, Ltd. (Metro Builders), and rejecting the bid of apparent low bidder, RE Chaffee Construction, Inc. (Chaffee), as non-responsive; and,
3. Awarding a Public Works Agreement with Covenant Technical Solutions, Inc. (CTS) for the Project in the not-to-exceed amount of $5,649,257, overruling the bid protest filed by Metro Builders contending that the bid was non-responsive, finding that CTS is the lowest responsible bidder, waiving minor bid irregularities in the bid, and rejecting all other bids; and,
4. Authorizing the City Manager to execute the Public Works Agreement with Covenant Technical Solutions, Inc. for the Project; and authorizing the City Manager to approve additional work requests and construction support/testing/inspection services up to $565,000 (approximately 10%), in connection with the Project; and,
5. Approving Amendment 3 to the Professional Services Agreement with Pacific Advanced Civil Engineer, Inc. for Engineering Services extending the term through and including June 30, 2028, and increasing the compensation by $144,870 for a revised total not-to-exceed amount of $586,475 for the Project; and,
6. Approving a Professional Services Agreement with Butier Engineering, Inc. for Construction Management and Inspection Services for the Project in the not-to-exceed amount of $494,722, and rejecting all other proposals; and,
7. Authorizing the City Manager to execute a Professional Services Agreement for Construction Management and Inspection Services with Butier Engineering, Inc. for the Project; and authorizing the City Manager to approve additional construction management and inspection services up to $50,000 (approximately 10%), in connection with the Project; and,
8. Approving and Authorizing the City Manager to execute a new Orange County Water District Producer Well Construction Loan Agreement reflecting an updated loan amount of $7,000,000; and,
9. Directing the City Manager to accept and expend the revised Orange County Water District Producer Well Construction Loan Agreement amount; and,
10. Approving Budget Amendment BA #26-03-03 in the amount $2,550,000 for CIP WT1902.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Kathryne Cho, Deputy Director of Public Works/City Engineer ATTACHMENTS:
A. Resolution 7689
B. Public Works Agreement with Covenant Technical Solutions, Inc.
C. Chaffee Construction, Inc. Bid Proposal
D. Covenant Technical Solutions, Inc. Bid Proposal
E. Metro Builders & Engineers Group, Ltd.’s Bid Protest dated July 22, 2025 F. RE Chaffee Construction Response to Bid Protest, dated August 25, 2025 G. Covenant Technical Solutions, Inc. Response to Bid Protest dated August 29, 2025 (with enclosures).
H. Addendum No. 1 dated June 16, 2025, from Bid Documents I. Addendum No. 2 dated June 26, 2025, from Bid Documents J. Amendment 3 to PSA with Pacific Advanced Civil Engineer, Inc.
K. Amendment 2 to PSA with Pacific Advanced Civil Engineer, Inc.
L. Amendment 1 to PSA with Pacific Advanced Civil Engineer, Inc.
M. Professional Services Agreement with Pacific Advanced Civil Engineer, Inc.
N. Professional Services Agreement with Butier Engineering, Inc.
O. OCWD Producer Well Construction Loan Agreement, dated February 19, 2025
RESOLUTION 7689
RESOLUTION AWARDING A PUBLIC WORKS AGREEMENT
WITH COVENANT TECHNICAL SOLUTIONS, INC., APPROVING
AMENDMENT 3 TO PROFESSIONAL SERVICES AGREEMENT
WITH PACIFIC ADVANCED CIVIL ENGINEERING, INC. FOR
ENGINEERING SERVICES, PROFESSIONAL SERVICES
AGREEMENT WITH BUTIER ENGINEERING, INC. FOR
CONSTRUCTION MANAGEMENT & INSPECTION SERVICES,
AND AUTHORIZATION TO ENTER INTO A NEW ORANGE
COUNTY WATER DISTRICT PRODUCER WELL
CONSTRUCTION LOAN AGREEMENT, APPROVING BUDGET
AMENDMENT BA #26-03-03; AND AUTHORIZING THEIR
EXECUTION BY THE CITY MANAGER; FOR THE LAMPSON
WELL TREATMENT SYSTEM PROJECT, CIP WT1902
WHEREAS, on June 3, 2025, the City solicited public bids for the Lampson Well Treatment System Project (Project), CIP WT1902, and received six (6) bids in response to the solicitation; and,
WHEREAS, based on the bids opened on July 16, 2025, the apparent low bidder is RE Chaffee Construction, Inc. (Chaffee) in the amount of $5,421,340; the second low bidder is Covenant Technical Solutions (CTS) in the amount of $5,649,257, and the third low bidder is Metro Builders & Engineering Group, Ltd (Metro Builders) in the amount of $7,722,445; and,
WHEREAS, on July 22, 2025, Metro Builders submitted a bid protest to the City alleging that the Chaffee bid and CTS bid were each non-responsive because:
1. The bid summited by the apparent low bidder, Chaffee, overlooked the contractor’s procurement responsibilities for furnishing and installing filter equipment and filter media; and,
2. The bid submitted by the second low bidder, CTS did not include a complete technical ability and experience reference as required by the bidder’s questionnaire; and,
WHEREAS, on August 25, 2025, Chaffee submitted a response letter to the Metro Builders bid protest, acknowledging that Chaffee’s bid failed to include the cost of filter vessels, but contended that its bid was submitted in compliance with the Notice Inviting Bids, Instructions to Bidders, and Bid Item No. 31 as amended by Question 6 of Addendum No. 2, and requested that the City reject all bids and rebid the Project; and, WHEREAS, on August 29, 2025, CTS submitted a letter responding to the Metro Builders protest, stating that CTS’ bid was responsive and responsible, because its bid correctly listed its project history and bidder’s critical staff based on the Bid Specifications, as modified by Addendum No. 1, response to Question 3, and meets the qualifications for the Project; and,
WHEREAS, based on the City’s detailed bid analysis, review of the Notice Inviting Bids and Instructions to Bidders, the Bid Specifications, and Addenda No. 1, No. 2 and No. 3, (collectively “Bid Document”) and consultation with the City Attorney’s office, the City Council hereby finds that there are material errors or omissions that render Chaffee’s bid non-responsive due to Chaffee’s unilateral mistake in reading the Bid Documents. Further, the irregularity or informality in the Chaffee bid cannot be waived because Chaffee’s mistake affects the amount of Chaffee’s bid by significantly understating the cost of the Project; gives Chaffee an advantage over other bidders; and affects the ability to make bid comparisons. Due to Chaffee’s unilateral mistake, the City Council therefore finds that it is in the best interest of the City to sustain the protest and reject Chaffee’s bid as non-responsive; and, WHEREAS, based on the City’s detailed bid analysis, review of the Bid Documents, and consultation with the City Attorney’s office, the City Council hereby overrules the protest filed by Metro Builders with respect to the CTS bid, because the Bid Specifications were modified by Addendum No. 1, response to Question 3, regarding project history and bidder’s critical staff and was therefore responsive because it lists the necessary experience of its critical staff; and that its bid demonstrates that it has the requisite skills, experience and training and is the lowest responsible bidder; and therefore the City Council finds that it is in the best interest of the City to accept CTS’s bid as the lowest responsible bid for the Project, to overrule the bid protest filed by Metro Builders, waive any potential irregularities or informalities in the CTS bid, and reject all other bids; and, WHEREAS, CTS submitted the lowest responsible bid in the amount of $5,649,257 to perform the Project; and,
WHEREAS, upon reviewing the Bid Documents, the bids submitted for the work to be performed pursuant to the Agreement and the plans and specifications, the City Council finds that CTS is a qualified firm to perform the Project; and, WHEREAS, the City is currently under contract with Pacific Advanced Civil Engineering, Inc. (PACE) for Engineering Services for the Project; and, WHEREAS, due to design changes, coordination and various system modifications needed during the design phase and additional engineering support and future semi-automation programming, staff is requesting approval of Amendment 3 to the Professional Services Agreement (Agreement) to extend the term through June 30, 2028, and increase compensation by $144,870, for a total not-to-exceed contract amount of $586,475; and,
WHEREAS, on May 7, 2025, the City issued a Request for Proposals (RFP) for the Lampson Well Treatment System – Construction Management & Inspection Services and released one (1) addendum; and,
WHEREAS, based on staff’s evaluation of the proposals and interviews, determined that Butier Engineering, Inc. (Butier) as the most qualified; and, WHEREAS, on March 10, 2025, the City Council adopted Resolution 7623, approving an Orange County Water District (OCWD) Producer Well Construction Loan Program in the amount of $4,450,000 for the Project; and, WHEREAS, due to increased construction costs identified in the Project’s bid and the addition of construction management services, City has requested an amendment to the loan amount bringing it to $7,000,000, subject to OCWD Board approval on September 10, 2025.
WHEREAS, the FY 2025-2026 CIP WT1902 budget was originally approved at $4,980,167 and now requires an update to reflect the revised OCWD loan amount, upon OCWD approval, resulting in a new total of $7,530,167.
NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows:
SECTION 1. The City Council finds that all Recitals set forth above are true and correct, and incorporates them herein by this reference.
SECTION 2. The City Council hereby approves the plans and specifications for the Project.
SECTION 3. Based on the recitals set forth above, the City Council hereby sustains the bid protest filed by Metro Builders & Engineers Group, Ltd (Metro Builders) against the bid of RE Chaffee Construction, Inc. (Chaffee), deems Chaffee bid to be non-responsive, and rejects the Chaffee bid.
SECTION 4. Based on the recitals set forth above, the City Council hereby awards a Public Works Agreement to Covenant Technical Solutions, Inc. (CTS) for the Project in the not-to-exceed amount of $5,649,257, overrules the bid protest filed by Metro Builders contending that the CTS bid was non-responsive, finds that CTS is the lowest responsible bidder, waives any irregularities in the CTS bid, and rejects all other bids.
SECTION 5. The City Council hereby authorizes and directs the City Manager to execute the Public Works Agreement with CTS on behalf of the City.
SECTION 6. The City Council hereby authorizes the City Manager to approve additional work requests and construction support/testing/inspection services by CTS up to $565,000 (approximately 10%), in connection with the Project.
SECTION 7. Based on the recitals set forth above, the City Council hereby authorizes and directs the City Manager to execute Amendment 3 to the Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. for Engineering Services extending the term through and including June 30, 2028, and increasing the compensation by $144,870 for a revised total not-to-exceed contract amount of $586,475 for the Project.
SECTION 8. Based on the recitals set forth above, the City Council hereby awards a Professional Services Agreement to Butier Engineering, Inc. to provide construction management and inspection services for the Project in the not-to-exceed amount of $494,722, and rejects all other proposals.
SECTION 9. The City Council hereby authorizes and directs the City Manager to execute the Professional Services Agreement with
Butier Engineering, Inc.
SECTION 10. The City Council hereby authorizes the City Manager to approve additional construction management and inspection services by Butier Engineering, Inc. up to $50,000 (approximately 10%), in connection with the Project.
SECTION 11. Upon approval by OCWD, the City Council hereby authorizes and directs the City Manager to enter into a new Orange County Water District Producer Well Construction Loan Agreement reflecting an updated loan amount of $7,000,000.
SECTION 12. The City Council hereby authorizes the City Manager to accept and expend the revised Orange County Water District Producer Well Construction Loan amount.
SECTION 13. The City Council hereby approves Budget Amendment BA #26-03-03 allocating funds as follows:
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of September 2025 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Lisa Landau, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7689 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8th day of September 2025.
Gloria D. Harper, City Clerk
PUBLIC WORKS AGREEMENT
LAMPSON WELL TREATMENT SYSTEM
PROJECT CIP NO. WT1902
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Covenant Technical Solutions, Inc.
668 Glen Road
Danville, California 94526
(925) 967-5232
THIS CONTRACT (“Contract”) is made as of September 8, 2025, by and between the City of Seal Beach, a California charter city (“City”), and Covenant Technical Solutions, Inc., a Delaware Corporation (“Contractor”) (collectively, “the parties” and individually, a “party”).
2 RECITALS
A. WHEREAS, the City Council of the City of Seal Beach (“City”) approved the plans and specifications for the Lampson Well Treatment System, WT1902 (“Project”) with respect to design criteria, and based thereon the City issued a Notice Inviting Bids dated June 3, 2025; and
B. WHEREAS, Contractor submitted a Bid to City for the Project dated June 23, 2025 in the amount of $5,649,257 (“Bid” hereinafter) in response to the Notice Inviting Bids; and
C. WHEREAS, Contractor is a California licensed “A” General Engineering Contractor (State Contractor's license number (License #) 1123021, DIR #2000001034; and D. WHEREAS, pursuant to the authority provided by its City Charter and Seal Beach Municipal Code, City desires to engage Contractor to carry out the Project in the manner set forth herein and more fully described in Section 1.0.
NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows:
CONTRACT
1. Contractor’s Services.
1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work (“Work”) for the Project identified as the Lampson Well Treatment System, WT1902 project (“Project”) as described in this Contract and in the Contract Documents listed in Subsection 1.2.
1.2 Contract Documents. The Contract Documents consist of this Contract and all the following: Notice Inviting Bids, Instructions to Bidders, Accepted Bid Proposal and Bid Sheets, Notification of Award, Noncollusion Declaration, Designation of Subcontractors, Contractor’s Industrial Safety Record, Contractor’s Technical Ability and Experience References, Resumes, Bidder Questionnaire, Bid Bond, Faithful Performance Bond, Payment Bond (Labor and Materials), permits from regulatory agencies with jurisdiction, Special Provisions, Specifications, General Provisions, Plans, Standard Plans, Reference Documents, and any other documents referenced therein, all Addenda as prepared prior to the date of Bid opening setting forth any modifications or interpretations of any of said documents, Change Orders, and any and all supplemental agreements executed amending or extending the Work contemplated and that may be 3 required to complete the Work in a substantial and acceptable manner; and all Exhibits attached to this Contract. The Exhibits attached to this Contract include the Performance Bond (Exhibit A), Payment Bond (Labor and Materials) (Exhibit B), Workers’ Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Acknowledgment of Labor Law Requirements (Exhibit F), Standard Specifications and Reference Documents (Exhibit G), Non-Collusion Declaration (Exhibit H), Contractor’s Industrial Safety Record (Exhibit I), Declaration of Subcontractors (Exhibit J), and Accepted Bid Proposal with Bid Sheets (Exhibit K). All Contract Documents are hereby incorporated into this Contract.
1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City.
1.4 In the event of any material discrepancy between the express provisions of this Contract and the provisions of the other Contract Documents, the provisions of this Contract shall prevail.
2. Effective Date. This Contract is effective as of September 8, 2025 (the “Effective Date”), and shall remain in full force and effect until Contractor has rendered the services required by this Contract and a Notice of Completion has been filed with the Orange County Recorder, unless sooner terminated or extended pursuant to this Contract.
3. Contractor’s Compensation.
3.1 Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in accordance with the Bid Proposal as full compensation therefor, but in no event will City pay more than the total not-to-exceed amount of $5,649,257 (Five Million Six Hundred Forty-Nine Thousand Two Hundred Fifty-Seven dollars), subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents.
3.2 Additional Work. 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, subject to the not-to-exceed amount set forth in Section 3.1. Payment for additional work in excess of this amount requires prior City Council authorization. 4 4. Contractor’s Personnel.
4.1 All Work shall be performed by Contractor or under Contractor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by the Seal Beach Municipal Code and other state and local laws and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code.
4.2 Contractor shall be responsible for payment of all employees’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, prevailing wages, workers’ compensation, unemployment insurance, and Social Security.
Contractor shall fully comply with the workers’ compensation law and California Labor Code regarding Contractor and Contractor’s employees.
4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor’s alleged violations of labor or personnel practices.
4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Contract. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the Work performed pursuant to this Contract.
4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 4.
5. Indemnification.
5.1 Contractor’s Duty. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, indemnify, and hold the City and its elected and appointed officials, officers, attorneys, agents, employees, volunteers, licensees, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop notices, liens, liabilities and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals and all costs associated 5 therewith and the payment of all consequential damages (collectively, “Liabilities”), in law or in 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 Contractor, its officers, agents, attorneys, servants, employees, Subcontractors, materialmen, contractors, or their officers, agents, servants or employees (or any entity or individual for whom the Contractor bears legal liability)in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties. Contractor 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. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. The City shall not be liable for any accident, loss, or damage to the Work prior to completion, except as otherwise specified in Section 6-5 of the Specifications.
5.2 Taxes and Workers’ Compensation. Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. Contractor shall fully comply with the Workers’ Compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold the City harmless from any failure of Contractor to comply with applicable Workers’ Compensation laws. City may offset against the amount of any fees due to Contractor under the Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5.2.
5.3 Bid Protests. In addition to all other obligations set forth in this Section 5, Contractor shall reimburse the City for all attorneys’ fees and costs incurred by City in connection with, arising out of or incident to any Bid protest.
5.4 Civil Code Exception. Nothing in this Section 5 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.
5.5 Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section 5, or any other provision of the Contract, shall not be limited by the provisions of any Workers’ Compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers. 6 5.6 Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 5 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
5.7 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Contract.
5.8 Subcontractor Indemnity Agreements. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 5 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of the Contract. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in 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 Contractor’s Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for whom Contractor’s Subcontractor bears legal liability) in the performance of the Contract, 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 court decision or by the agreement of the Parties.
5.9 Survival. The provisions of this Section 5 shall survive the expiration or termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.
6. Insurance.
6.1 Liability Insurance. Contractor shall at all times during the term of this Contract carry, maintain and keep in full force and effect the insurance referenced in this Section 6. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference:
6.1.1 Exhibit D-1: Additional Insured Endorsement -
Commercial General Liability.
7 6.1.2 Exhibit D-2: Additional Insured Endorsement - Automobile Liability.
6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as:
6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B).
6.2.4 Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
6.2.5 Professional Liability insurance. Unless the City waives in the requirement for professional liability insurance, Contractor shall provide to City the standard form issued by the carrier.
6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than:
6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Contract or the general limit shall be twice the required occurrence limit.
6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage.
6.3.3 Employer’s Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease; and Workers’ Compensation Insurance in the amount required by law.
6.4 Additional Insureds. City, its elected and appointed officials, officers, employees, attorneys, agents, licensees, volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to Contractor or City.
6.5 Replacement Insurance. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage required by the Contract during the term of the Contract. Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, City may take 8 out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted, at the option of City, from payments due Contractor. This shall be in addition to all other legal options available to City to enforce the insurance requirements.
6.6 Certificates of Insurance with Original Endorsements. Contractor shall submit to City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements must be executed on City’s forms titled “Additional Insured Endorsement,” copies of which are attached as exhibits to this Contract, or on any other form that contains substantially the same terms and is approved by City’s Risk Manager. The endorsements must specifically name the City of Seal Beach and its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials as insureds or additional insureds.
Current insurance certificates and endorsements shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies at any time.
6.7 Deductibles and Self-Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance.
6.8 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
6.8.1 For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, volunteers and those City agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, volunteers or those City agents serving as independent contractors in the role of City officials shall be excess of Contractor’s insurance and shall not contribute with it.
6.8.2 Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
6.8.3 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 calendar days prior written notice by first class mail has been given to City.
6.8.4 Each insurance policy required by this Section 6 shall expressly waive the insurer’s right of subrogation against City and its elected officials, officers, employees, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City or agency officials. By executing this 9 Agreement, Contractor waives all rights of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials.
6.9 Acceptability of Insurers. Insurance is to be placed with insurers authorizied to do business in California, with a current A.M. Best’s rating of no less than A:VIIl unless waived in writing by City’s Risk Manager.
6.10 No Limitation on Indemnity. The insurance provisions shall not be construed to limit Contractor’s indemnity obligations contained in this Contract or any other Contract Documents.
6.11 Insurance Requirements not Limiting. If Contractor maintains broader coverage and/or higher limits than the minimums required in this Section 6, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract.
6.12 Subcontractors. Contractor shall require each of its Subcontractors that perform services under the Contract to maintain insurance coverage that meets all of the requirements of the Contract including this Section 6.
7. Liquidated Damages. Should the Contractor fail to complete the Project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $1,000.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the Project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor’s Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages.
8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor’s Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Contract.
9. Notices. Any notices, bills, invoices, or reports authorized or required by 10 this Contract shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s and City’s regular business hours or by facsimile before or during Contractor’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Contract, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows:
If to City: City Clerk
City of Seal Beach
211-8th Street
Seal Beach, California 90740
Telephone: (562) 431-2527
Fax: (562) 493-9857
With a copy to:
Public Works Director
City of Seal Beach
211-8th Street
Seal Beach, California 90740
If to Contractor: Covenant Technical Solutions
668 Glen Road
Danville, California 94526
Telephone: (925) 967-5232
Attn: Robert Craw
10. Non-Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor’s obligations hereunder, without City’s prior written consent. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder in violation of this Agreement shall be null, void and of no effect.
11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services.
12. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
13. Attorneys’ Fees. In the event that either party to this Contract shall 11 commence any legal action or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys’ fees.
14. Construction. The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the State of California, with venue in Orange County, California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Contract shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract or who drafted that portion of the Contract.
15. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor 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.”
16. Prevailing Wages. The City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply, and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including but not limited to those set forth in Exhibits E and F, attached hereto.
17. Claim Dispute Resolution.
17.1 In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be characterized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law.
Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.
17.2 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 12 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein.
18. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
19. Prohibited Interests; Conflict of Interest
19.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Work, or which would conflict in any manner with the performance of the Work under this Agreement.
Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Work. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor “financially interested” (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained.
19.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, 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 Contractor hereunder the full amount or value of any such fee, commission, percentage or gift.
19.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non-contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in this subsection.
20. Entire Agreement. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Contract supersedes all prior oral or written negotiations, representations, or agreements. This Contract may not be amended, nor 13 any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Contract.
21. Severability. The invalidity in whole or in part of any provisions of this Contract shall not void or affect the validity of the other provisions of this Contract.
22. Titles and Headings. The titles and headings used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
23. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
24. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
Robert Craw
CEO
EXHIBIT A
FAITHFUL PERFORMANCE BOND
Bond No. __________
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach (“City”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
LAMPSON WELL TREATMENT SYSTEM – WT1902
(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of
Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
EXHIBIT B
PAYMENT BOND (LABOR AND MATERIALS)
Bond No. __________
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach (“City”), State of California, has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
LAMPSON WELL TREATMENT SYSTEM – WT1902
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of
Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
EXHIBIT C
WORKER’S COMPENSATION INSURANCE CERTIFICATE
WORKERS’ COMPENSATION
CERTIFICATE OF INSURANCE
WHEREAS, the City of Seal Beach (“City”) has required certain insurance to be provided by:
NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time:
1. This certificate is issued to:
City of Seal Beach
City Hall
211 8th Street
Seal Beach, California 90740
The insureds under such policy or policies are:
2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:
Policy Number Effective Date Expiration Date
By:
Its Authorized Representative
EXHIBIT D-1
ADDITIONAL INSURED ENDORSEMENT
COMMERCIAL GENERAL LIABILITY
[INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY]
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”):
Name and address of insurance company (“Company”):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials, are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured.
Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to City at:
City Manager
City of Seal Beach
City Hall
211 8th Street
Seal Beach, CA 90740
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
□ General Liability Endorsement □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20___
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
EXHIBIT D-2
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
[INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY]
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”):
Name and address of insurance company (“Company”):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to City at:
City Manager
City of Seal Beach
City Hall
211 8th Street
Seal Beach, CA 90740
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on ______________ at 12:01 a.m. and forms a part of Policy Number _________.
I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20___
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
EXHIBIT D-3
ADDITIONAL INSURED ENDORSEMENT
[INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY, IF REQUIRED]
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured (“Named Insured”):
Name and address of insurance company (“Company”):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to City at:
City Manager
City of Seal Beach
City Hall
211 Eighth Street
Seal Beach, California 90740
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
□ Following Form
□ Umbrella Liability
□
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NUMBER AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:
13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
14. This is an □ occurrence or □ claims made policy (check one).
15. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy Number ________.
I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20___
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
EXHIBIT E
ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING
CONTRACTOR LICENSING LAWS
ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING THE
CONTRACTORS' LICENSING LAWS
[Business & Professions Code § 7028.15]
[Public Contract Code § 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award):
Business & Professions Code § 7028.15:
(a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases:
(1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code.
(b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both.
In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, “the price of the contract” for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure.
(d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices.
(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void.
(f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect.
(g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.
Public Contract Code § 20103.5:
In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state.
The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement.
Failure of the Bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the Contract and shall result in the forfeiture of the security of the Bidder.
License No.:________________ Class:___________________ Expiration Date:_________________ Date:__________________
EXHIBIT F
AGREEMENT TO COMPLY WITH LABOR LAW REQUIREMENTS
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with a[l applicable provisions of California law, including but not limited to the following:
1. Contractor acknowledges that this Contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“Agency”) and agrees to be bound by all the provisions thereof as though set forth in full herein.
2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the Work to the extent required by law.
3. Contractor agrees to comply with the provisions of California 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. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by Contractor or by any subcontractor.
4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 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 California Labor Code.
7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor 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 worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
Date ___________________ Signature _______________________________________
EXHIBIT G
STANDARD SPECIFICATIONS AND REFERENCE DOCUMENTS
1. Standard Specifications for Public Works Construction (“Greenbook”)
2. Construction Specifications Institute (“CSI”)
EXHIBIT H
NON-COLLUSION DECLARATION
EXHIBIT I
CONTRACTOR’S INDUSTRIAL SAFETY RECORD
EXHIBIT J
DESIGNATION OF SUBCONTRACTORS
EXHIBIT K
BID PROPOSAL (INCLUDING BID SHEETS)
Metro Builders & Engineers Group, Ltd.
2610 Avon Street, Newport Beach, CA 92663 – Phone: 949.515.4350 – Fax: 949.515.4351 – metrobuilders.com July 22, 2025
City of Seal Beach
Public Works Department
211 Eighth Street
Seal Beach, CA 90740
Attn: Ms. Kathryne Cho
Subject: Bid Protest – Project WT 1902: Lampson Well Treatment System Project Bid Date: July 16, 2025 – Bid Protest Notification
Dear Ms. Cho,
On behalf of Metro Builders & Engineers Group, Ltd., we respectfully submit this formal bid protest regarding bids submitted by RE Chaffee Corporation and Covenant Technical Solutions for the above-referenced project, with a bid due as July 16, 2025, at 10:30 a.m.
Upon review of RE Chaffee Corporation’s bid and the associated documents provided by the City of Seal Beach, we believe their bid is non-responsive for the following reasons:
Bid Item 31 – Transport and Install Four (4) Owner-Furnished 12’ Diameter Steel Pressure Vessels:
RE Chaffee Corporation submitted a price of $70,000 for this line item, which appears unreasonably low given the complexity and cost of the filter equipment and filter media. Based on the scope clarified in Addendum No. 2, Question 17, the contractor is responsible for furnishing and installing four (4) GAC vessels as part of Bid Item 31. It appears RE Chaffee may have overlooked the procurement responsibilities outlined in the bid documents.
Upon review of Covenant Technical Solutions bid and the associated documents provided by the City of Seal Beach, we believe their bid is non-responsive for the following reasons:
As per the bidder’s questionnaire, Covenant Technical Solutions (CTS) was issued contractor’s license on June 28th, 2024. As per the bidder’s technical ability and experience references submitted by CTS, they listed five (5) projects as listed below:
1. PFAS Treatment through GAC. Construction Dates: 3/1/20 - 3/1/23
2. Ground Water Remediation through UVAOP and GAC. Construction Dates: 10/1/19 - 10/1/24
3. Advances Water Treatment Facility through MBR, RO and UVAOP, Construction Dates: 11/1/17 – 11/1/22
4. PFOA/PFOS removal through GAC. Construction Dates: 1/1/17 – 7/1/17
5. Chromium-6 Treatment through GAC. Construction Dates: 6/1/18 – 12/1/18 All the listed projects were started and completed prior to the license issue date which indicates they were not performed by CTS.
Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Metro Builders & Engineers Group, Ltd.
2610 Avon Street, Newport Beach, CA 92663 – Phone: 949.515.4350 – Fax: 949.515.4351 – metrobuilders.com We respectfully request that the city thoroughly review the noted discrepancies and evaluate both bidders for compliance with the bid requirements. Based on this review, we urge the city to deem their bids non-responsive and award the project to Metro Builders & Engineers Group, Ltd.
Sincerely,
Richard Quattrocchi
Engineering/Contracts Manager
Metro Builders & Engineers Group, Ltd.
Attachment:
1. Bid Line item for RE Chaffee
2. Addendum 2
3. Covenant Technical Services Technical Ability and Experience References and Contractors License Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Metro Builders & Engineers Group, Ltd.
2610 Avon Street, Newport Beach, CA 92663 – Phone: 949.515.4350 – Fax: 949.515.4351 – metrobuilders.com ATTACHMENT 1 - BID LINE ITEM FOR RE CHAFFEE
Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Metro Builders & Engineers Group, Ltd.
2610 Avon Street, Newport Beach, CA 92663 – Phone: 949.515.4350 – Fax: 949.515.4351 – metrobuilders.com ATTACHMENT 2 - ADDENDUM 2
Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 June 26, 2025
Addendum No. 2
LAMPSON WELL TREATMENT SYSTEM
CIP No. WT1902
Attention all Interested Parties:
The following clarifications, revisions, additions and/or deletions are hereby made a part of the bid documents:
1. NOTICE INVITING BIDS
DELETE the following:
“BIDS MUST BE RECEIVED BY: July 2nd at 10:30 am
BIDS TO BE OPENED BY: July 2nd at 10:30 am”
REPLACE with the following:
“BIDS MUST BE RECEIVED BY: July 16th at 10:30 am
BIDS TO BE OPENED BY: July 16th at 10:30 am”
2. CONTRACT DOCUMENT TITLE SHEET
DELETE the following:
“Bid Opening Date and Time: July 2nd at 10:30 am”
REPLACE with the following:
“Bid Opening Date and Time: July 16th at 10:30 am”
3. BID PROPOSAL
The Bid Proposal sheets (pages 77-83) have been updated to include two Alternate Bid Deduction Items A1 and A2 to show amount of cost savings (-) to Bid Items #32 and #33 if the above ground pipes were changed to Carbon Steel with FusionBonded Epoxy Coating and Lining. Bidders shall utilize the updated Bid Proposal Sheets included in this Addendum as Attachment A.
Public Works
Department of
Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2
4. Responses to Bid Questions Received from Addendum 1 release through June 25, 2025:
Question 1:
Is Welded Pipe ok to use? Seamed/Welded Pipe will be priced 60% of the more expensive Seamless.
Response to Question 1:
Please be specific which pipe you are referring to. I.e, 16-inch buried steel pipes are welded per sheet C4.0.
Question 2:
The spec calls out A778 for the Pipe, and A774 for the fittings. (Very Typical). Both are extremely hard to find in these larger sizes, and very expensive.
Normal/Stocked Pipe Spec; A/SA 312 TP
Normal/Stocked Fitting Spec; A/SA 403
Do you want the quote reflecting A778/A774, or A312/A403 ? (All in 316L, S/20) Response to Question 2:
The City encourages all proposers to submit bids based on the existing specifications, including any addendums. After the bids are opened, lowest bidder may submit a substitution request to the City for consideration.
Question 3:
AIS Material, or Import OK ?
Response to Question 3:
Import is acceptable.
In Specification Section 40 05 60, DELETE the following paragraph 1.04C :
AIS Step Certification Process shall be used to ensure that producers adhere to the American Iron and Steel (AIS) requirement and verify that products comply with the AIS requirement. The AIS Step Certification Process shall require that certification for each handler (supplier, fabricator, manufacturer, processor, etc.) of the iron and steel products certifies that their step in the process was domestically performed.
Each time a step in the manufacturing process takes place, the manufacturer shall deliver its work along with a certification of its origin. The certification must include at a minimum the name of the manufacturer, the location of the manufacturing facility where the product or process took place (not its headquarters), a description of the product or item being delivered, and a signature by a manufacturer’s responsible party. These step certifications shall be collected and maintained by the final manufacturer, vendor, or contractor that delivers the iron or steel product to the Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 worksite, and shall provide a final certification asserting that all manufacturing processes occurred in the US.
Question 4:
Flanges; If Piping system is 150 PSI or less, then we can use a 150# Slip-On Flange, 316L, Flat Face. Does this sound correct to you? Response to Question 4:
Please bid per plan and specifications.
Question 5:
Welded Joints; Looks like it’s Visual, and a Hydro in the field. Did you see anything that calls for Die Pen Testing or Xray to Welds?
Response to Question 5:
The Contractor is responsible to perform quality control field testing, including welding, pressure testing, etc. The City will handle inspection services.
Question 6:
Please confirm who is to procure the GAC vessels.
a. The bid table says the contractor is to furnish and install b. Spec section 46-1300 1.01 A says the Owner has procured the GAC filter vessels.
Response to Question 6:
The Contractor shall furnish and install the four (4) GAC vessels per bid item No. 31.
In Specification Section 46 13 00,
DELETE the following:
SECTION 46 1300 - GAC FILTER VESSELS
PART 1 - GENERAL
1.01 THE REQUIREMENT
A. The OWNER has procured the GAC filter vessels to be installed by the CONTRACTOR. The CONTRACTOR shall procure and install filter media for all four (4) filter vessels.
PART 2 - PRODUCTS
2.01 GENERAL REQUIREMENTS
A. GAC Filter Vessels
Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2
1. The CONTRACTOR shall install the GAC filter vessels per the manufacturer’s requirements.
B. GAC Media
1. Clean >95% 1/2"-3/4” gravel with minimal fines shall be used for filling bottom cap of filters up to the filter laterals.
2. Clean coconut shell-based GAC media from Carbon Activated in Compton California, COC AL60, 12x30 Mesh, shall be used above the garnet in a 48” high layer.
REPLACE with the following:
SECTION 46 1300 – GAC FILTRATION MEDIA
PART 1 - GENERAL
1.01 THE REQUIREMENT
A. The CONTRACTOR shall procure and install filter media for all four (4) filter vessels.
PART 2 - PRODUCTS
2.01 GENERAL REQUIREMENTS
A. GAC Filter Vessels
1. The CONTRACTOR shall install the GAC filter vessels per the manufacturer’s requirements.
B. GAC Media
1. Clean coconut shell-based GAC media from Carbon Activated in Compton California, COC AL60, 12x30 Mesh.
Question 7:
Please confirm if the GAC vessel anchorage is to be cast in place or drilled and bonded.
Response to Question 7:
This will be at the contractor’s discretion and submitted as a deferred submittal.
Whether the component is cast-in-place or drilled and bonded, the contractor shall coordinate closely with the manufacturer to ensure proper integration and compatibility.
Question 8:
Section 46 13 00 – GAC Filter Vessels, 43 4200-2.02 B.p – Has a hub and lateral underdrain. Is there something special about this design that makes it required? If not, we request that the industry standard underdrain, the external ring header septa design, be accepted as an alternative. There have been hundreds of GAC vessel installations nationwide with the external ring header design since the early 1990s. A reference list of the AqueoUS Vets installations has been attached.
Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 The external ring header design would be an external 8” pipe beneath the vessel that secures eight nozzles. The attached GA Drawing is included for reference.
Response to Question 8:
We are flexible regarding the use of a hub and lateral underdrain system, we are firm on maintaining the external discharge configuration. This specific design is critical to support the automated and operational system.
Question 9:
Section 46 13 00 – GAC Filter Vessels, Part 2 – 2.01 states that a gravel underbed is required under the granular activated carbon. However, with GAC, an underbed is not recommended because it prevents the carbon from being slurried out of the vessel which is the industry standard method to remove the carbon from the vessel.
Response to Question 9:
There is no need for a gravel underbed. See Response #6 Question 10:
Please clarify the location of the rupture disk listed in Section 43 4200-2.02B.6.u.
They are not seen on the drawings or the P&ID. They are required for an ASME Code-rated pressure vessel as a protective measure against an event that exceeds the vessel's pressure rating.
Response to Question 10:
Per the Drawings, Sheets T1.0 and M6.1, Note 3, a 3" Zook graphite rupture disc rated at 125 PSIG is to be installed on the 4" media fill line, and as specified in Section 43 42 00 – 2.02.B.6.u. installation on the vent line is also acceptable. This will be a deferred submittal and alternative methods of pressure relief can be presented by the manufacturer.
Question 11:
Section 43 42 00 – 2.02 specifies that four lifting lugs are required, while Drawing T1.0 shows only three on the vessel. Could you please advise which requirement is correct? For reference, per industry standard, we typically recommend using two lifting lugs, as this is generally sufficient for handling and helps avoid potential interference with face piping and manways.
Response to Question 11:
The use of two lifiting lugs is acceptable. Note that the acceptable quantity of lugs can vary based on Tank MFRs as long as the supplied system provides sufficient support, control, and safety of the vessel during installation.
Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Question 12:
Drawing sheets E2.0 & E2.1 both show FIT 04070, however this FIT is not shown anywhere on the P&ID’s. Please confirm if this FIT is existing or new. If new, please provide make, model, specifications, etc….
Response to Question 12:
There is no existing or new Flowmeter at this location.
P309B in the Power Conduit Wire Schedule on drawing sheet E6.2 shall be a SPARE.
C101C in the Control Conduit Wire Schedule on drawing sheet E6.3 shall be a SPARE.
Question 13:
Drawing Sheet E0.0 NOTE 12: “Underground conduits shall be SCH 40 encased with PVC coated galvanized rigid steel bends, elbows, & turn ups. Above ground conduit shall be PVC coated galvanized rigid steel unless noted otherwise.” Specification Section 26 0533.13 does not have the requirement for PVC coated bends elbows, only for stub-up & risers. Please confirm if PVC coated elbows & bends are required for underground PVC conduit installation as well as risers & stubups.
Response to Question 13:
Please follow Note 12 in drawing sheet E0.0.
Question 14:
Section 46 1300 (GAC Filter Vessels), Part 2, Section B (GAC Media) specifies the use of coconut-based GAC media, COC-AL-60 by Carbon Activated. Has the City already procured this specific media, or is there flexibility to propose an alternative GAC media type?
Response to Question 14:
The City encourages all proposers to submit bids based on the existing specifications, including any addendums. After the bids are opened, lowest bidder may submit a substitution request to the City for consideration.
Question 15:
The addition of garnet prior to the GAC is mentioned, but no specifications are provided. Is a garnet bottom layer required for this installation? Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Response to Question 15:
There is no need for a garnet bottom layer. See Response #6 Question 16:
Will the primary mode of operation for the GAC vessels be lead/lag or parallel configuration?
Response to Question 16:
The primary mode of operation for the GAC vessels will be in a parallel configuration.
Question 17:
Clarify that the Pressure Vessels are Owner Furnished. Section 2 - Scope of Work states that they are contractor furnished, however spec section 46 1300 GAC Filter Vessels state the Owner has procured the vessels for the contractor to install. If owner furnished please confirm if the City has possession of the Vessels currently and does the City have shop drawings / submittals yet from the manufacturer? Response to Question 17:
The Contractor shall furnish and install the four (4) GAC vessels per bid item No. 31.
See Response #6
Question 18:
Section 46-1300-2.01-B-2 mentions COC-AL60 12X30 Mesh shall be used above the garnet in a 48” high layer. What size is the garnet and what is the media depth, other than the word “garnet” a size and depth is not mentioned in specifications or addendum. Attached is a spec from a previous project in Huntington Beach as a reference.
Response to Question 18:
There is no need for a garnet bottom layer. See Response #6 Question 19:
The technical table of contents doesn't list the Pressure Vessel System, however it is within the specs in section 43 4221.
Response to Question 19:
In the technical table of contents page 00 0110-4,
DELETE the following:
Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 DIVISION 43 PROCESS GAS AND LIQUID HANDLING, PURIFICATION, AND
STORAGE EQUIPMENT
43 4143 POLYETHYLENE TANK AND APPURTENANCES
DIVISION 46 WATER AND WASTEWATER EQUIPMENT
46 0000 WATER AND WASTEWATER EQUIPMENT
46 0548 VIBRATION AND SEISMIC CONTROLS FOR WATER AND
WASTEWATER EQUIPMENT
46 0553 IDENTIFICATION FOR WATER AND WASTEWATER EQUIPMENT 46 0600 COMMON WORK RESULTS FOR PROCESS PUMPS
46 0601 CLOSE COUPLED END SUCTION PUMP
46 1300 GAC FILTER VESSELS
46 5110 COMPRESSED AIR SYSTEMS
REPLACE with the following:
DIVISION 43 PROCESS GAS AND LIQUID HANDLING, PURIFICATION, AND
STORAGE EQUIPMENT
43 4143 POLYETHYLENE TANK AND APPURTENANCES
43 4221 GAC PRESSURE VESSEL SYSTEM
DIVISION 46 WATER AND WASTEWATER EQUIPMENT
46 0000 WATER AND WASTEWATER EQUIPMENT
46 0548 VIBRATION AND SEISMIC CONTROLS FOR WATER AND
WASTEWATER EQUIPMENT
46 0553 IDENTIFICATION FOR WATER AND WASTEWATER EQUIPMENT 46 0600 COMMON WORK RESULTS FOR PROCESS PUMPS
46 0601 CLOSE COUPLED END SUCTION PUMP
46 1300 GAC FILTRATION MEDIA
46 5110 COMPRESSED AIR SYSTEMS
Question 20:
Please clarify whether the PLC panel processor is Allen Bradley CompactLogix 5069 Series or 1769 Series.
Response to Question 20:
The PLC panel processor is Allen Bradley CompactLogix 5069-L320ER per shop drawing on sheet TCP-1 in the plans.
Question 21:
Please clarify that the RIO panel processors are Automation Direct/CLICK PLUS C2- 03CPU-2.
Response to Question 21:
Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 The RIO Panel Processors are KOYO CLICK C2-03CPU-2 per the shop drawing in the plans.
Question 22:
Please clarify who is providing the SCADA programming.
Response to Question 22:
The City is responsible for the SCADA programming.
Question 23:
Could you please confirm if all control panels, including the PLCs, are ownerfurnished? Also, could you advise on who is responsible for the programming? Response to Question 23:
The 5 control panels are owner-furnished and stored at the site. Please see sheet page number 92-135 for Control Planel Shop drawings. PACE is responsible for PLC programming.
Question 24:
We respectfully request an extension to the current bid due date for the Lampson Well Treatment System project. Several factors have impacted our team’s ability to compile a thorough and competitive proposal by the existing deadline:
• Holiday Timing – The current bid date falls near the Fourth of July, which is the largest summer holiday, limiting the availability of key personnel and subcontractors. • Project Complexity – The scope and scale of the project require significant coordination, detailed takeoffs, and comprehensive vendor outreach. • Conflicting Bid Dates – We’ve identified that other large similar type projects are scheduled to bid on the same date, further straining resources and subcontractor availability.
We suggest a bid extension of 10-14 calendar days to allow all parties adequate time to prepare and ensure a fair and competitive bidding environment.
Response to Question 24:
Bid Due date has been extended to July 16.
END OF ADDENDUM
Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 By order of the City of Seal Beach,
___________ _________________ 6/26/25
Deputy Director of Public Works/City Engineer Date
Attachments
- ATTACHMENT A – Updated Bid Proposal Sheets
Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Metro Builders & Engineers Group, Ltd.
2610 Avon Street, Newport Beach, CA 92663 – Phone: 949.515.4350 – Fax: 949.515.4351 – metrobuilders.com ATTACHMNT 3 - COVENANT TECHNICAL SERVICES
TECHNICAL ABILITY AND EXPERIENCE
REFERENCES AND CONTRACTORS LICENSE.
Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 RE Chaffee Construction Inc.
1253 Evergreen Rd Suite 3
Wrightwood Ca 92397
Lic # 897948
8/25/25
Lampson Well Treatment Systems Project ( CIP No. WT 1902) Subject: Protest response.
Our proposal did not include the cost of the pressure vessels; however, media costs were included. We prepared our bid in accordance with bid item No. 31 in addendum #2, which specifies OWNER-FURNISHED 12’ DIAMETER STEEL PRESSURE VESSELS PER PLANS. Additionally, Section 46-1300 – GAC FILTER VESSELS was replaced entirely by Section 46-1300 – GAC FILTRATION MEDIA, indicating that providing the vessels is not the contractor’s responsibility. Therefore, our proposal includes only the filtration media as outlined in the documents.
Given the evident ambiguity in the specification, the most equitable approach would be to reject all bids and reissue a request for proposals to the open market.
________________________________________
Joe Iriberri, Project Manager
August 25, 2025
SBLW-CTS-CSB-001
August 29, 2025
City of Seal Beach
Public Works Department
Iris Lee, Director of Public Works
211 Eighth Street
Seal Beach, CA 90740
Re: Bid Protest
Proposed Project: Lampson Well Treatment Systems Project (CIP No. WT 1902)
Bid Opening Date: July 16, 2025
Dear Ms. Lee
Covenant Technical Solutions (CTS) respectfully submits this response to the protest filed by Metro Builders & Engineers Group, Ltd, regarding our proposal for CIP No. WT 1902 / Lampson Well Treatment Systems Project. We appreciate the opportunity to address the concerns raised.
1. Protest Claim
The protester asserts that our company should be deemed non-responsive or non-responsible because Covenant Technical Solutions is newly established and cited projects completed by our project management team while employed at previous firms, beyond the 5-year experience requirement.
2. Our Position
We respectfully disagree with this assertion. The solicitation explicitly allowed the demonstration of experience through the qualifications and past performance of the project managements team, not solely the corporate entity per Addendum No.1, response to question #3, issued on June 16th, 2025.
Our proposal complied fully with the requirements by:
• Providing bidders project management teams project history by complying with “Listed below are the names, address, and telephone numbers for two public agencies for which the bidder has performed similar work within the past ten years”.
o Project #1 - OCWD PFAS PFOA Design Build
CEO, Rob Craw not only furnished GAC vessels for Orange County Water District but also supported the Design Build eBorts for the vessels. o Project #2 - San Fernando Groundwater Remediation Progressive Design Build SoCal VP of Operations, Blake DePaola held multiple roles on this project. First working as a Design Build Manager and then Project Managing the construction. Construction Manager, Ron Newton managed the civil operations and coordinated all other trades for construction.
o Project #3 - Santa Monica Sustainable Water Infrastructure Project (SWIP) SoCal VP of Operations, Blake DePaola was the Design Build Manager from Conceptual Design Report to 100% IFC Design.
o Project #4 - California American Water PFOA/PFOS Design Build CEO, Rob Craw furnished GAC vessels for the project.
o Project #5 - California American Water - Chromium-6 Treatment CEO, Rob Craw furnished GAC vessels for the project
President, Bill Williams oversaw all construction operations. • Identifying the bidders project management team assigned to this project, including their specific roles and responsibilities and showing per Addendum No.1, response to question #3, SBLW-CTS-CSB-001
issued on June 16th, 2025 by “For these critical positions, please list at least three projects for which the critical staB has performed similar work within the last ten years. These projects do not have to be under the employment of the bidder of this project.” o SoCal VP of Operations, Blake DePaola as the Project Manager qualified his experience through the following projects.
San Fernando Groundwater Remediation Progressive Design Build Executed under the Kiewit Company.
Santa Monica Sustainable Water Infrastructure Project (SWIP) Executed under the Kiewit Company.
North City Water Reclamation Plant
Executed under the Kiewit Company.
o Construction Manager, Ron Newton as the Construction Manager qualified his experience through the following projects.
San Fernando Groundwater Remediation Progressive Design Build Executed under the Kiewit Company.
Southern First Aqueduct
Executed under the Kiewit Company.
Sofi Stadium
Executed under the Kiewit Company.
• Demonstrating these individuals, who are now integral members of our firm, possess the necessary expertise to ensure successful performance.
3. Industry Standard & Precedent
It is common procurement practice—particularly when evaluating newly formed companies—for evaluation to consider the past performance of key personnel. Agencies and procurement boards have consistently held that the relevant experience of proposed staB may be attributed to the oBeror when those staB will perform the work (e.g., GAO decisions such as Perini/Jones, Joint Venture, B-285906).
4. Compliance and Fairness
Our submission was accurate, transparent, and fully consistent with the solicitation. We submitted question #3 to the City of Seal Beach, Public Works Department during the allowable question and answer period solicited by the RFP. The answer given by the City of Seal Beach, Public Works Department allowed Covenant Technical Solutions to submit experience per their response “For the purposes of this project, the bidder and/or bidders project management team shall provide project history of similar work which is stated below…” (Addendum No. 1 is attached and highlighted for reference)
5. Conclusion
For these reasons, the protest lacks merit and should be denied. Covenant Technical Solutions remains fully responsive and responsible, and we are confident in our ability to deliver exceptional results on this project.
We respectfully request that the protest be denied and that award proceed in accordance with the solicitations evaluation criteria.
Sincerely,
Blake DePaola, SoCal VP of Operations
668 Glen Rd
Danville, CA 94526
[email protected]
SBLW-CTS-CSB-001
Attachments:
1. Addendum No. 1 Dated June 16th, 2025
2. Bid Project Letter Dated August 28th, 2025
June 16, 2025
Addendum No. 1
LAMPSON WELL TREATMENT SYSTEM
CIP No. WT1902
Attention all Interested Parties:
The following clarifications, revisions, additions and/or deletions are hereby made a part of the bid documents:
Responses to Bid Questions Received as of June 16, 2025:
Question 1:
Please confirm that “harmonic analysis shall be performed and submitted with the bid package.” See specifications section 26 2920, paragraph 2.03E (VARIABLE
FREQUENCY DRIVE (VFD) EQUIPMENT)
Response to Question 1:
Harmonic analysis is not required to be submitted with the bid package.
DELETE the following paragraph 2.03E on specification section 262920:
“E. To ascertain the harmonic contribution of the VFD’s at the PCC and to show compliance with IEEE 519-1992, harmonic analysis shall be performed and submitted with the bid package, provided that the VFD vendor is in receipt of the below listed information 10 working days prior to the bid date.
1. kVA rating of the low voltage distribution transformer(s)
2. X/R Ratio of utility low voltage distribution transformer(s)
3. Primary voltage
4. Secondary voltage
5. Secondary %IZ (impedance)
6. Length, size, & number of conductors between transformer LV side and distribution panel
7. System Single Line Diagram and electrical equipment list showing transformer and VFD detail
8. Total linear load kW to be connected to the distribution transformer Public Works
Department of
9. Anticipated maximum demand load (15 minute or 30 minute) on the distribution transformer (IEEE 519)”
Question 2:
Please provide the “compliance report” form that is required with bids, mentioned on page 11 of the specifications, under Fair Employment Practices.
Response to Question 2:
On page 11, INSTRUCTION TO BIDDERS - FAIR EMPLOYMENT PRACTICES section,
DELETE the following:
FAIR EMPLOYMENT PRACTICES: The Contractor shall complete and enclose with their Bid the compliance report attached to the Bid proposal form, stating that the Contractor will pursue an affirmative course of action as required by the affirmative action guidelines.
As set forth in Labor Code section § 1735, the Contractor shall not discriminate in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons, except as provided in Government Code section § 12940. Every Contractor for public works violating this provision is subject to all of the penalties imposed for a violation of Labor Code Div. 2, Part 7, Chapter 1.
REPLACE with the following:
“FAIR EMPLOYMENT PRACTICES: The Contractor shall not unlawfully discriminate against any individual based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status. The Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all federal and California statutes and local ordinances and regulations.
The Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.” Question 3:
We request the below language in item to be accepted and incorporated into the bid documents:
1. Current - “For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of potable water wells including drilling, development, testing of wells within a urban or suburban environment. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein..”
2. Change To - “For the purposes of this project, the bidder or bidders project management team shall provide project history of similar work, specifically referencing the construction of potable water wells including drilling, development, testing of wells within a urban or suburban environment. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.” Response to Question 3:
The “Bidders Project History” and “Bidder’s Critical Staff” forms have been updated and attached to this addendum as Attachment A and Attachment B, respectively.
Bidders shall utilize these updated forms. Revisions are as follows:
1. On page 23, “Bidder’s Project History”,
DELETE the following:
“For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of potable water wells including drilling, development, testing of wells within a urban or suburban environment.
Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.
Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years:” REPLACE with the following:
“For the purposes of this project, the bidder and/or bidders project management team shall provide project history of similar work, specifically referencing its experience of successfully completing construction of separate pressurized water treatment projects such as, but not limited to, granular activated carbon, ion exchange, surge tanks, membrane filtration, and/or pressurized filtration. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.
Listed below are the names, address and telephone numbers for two public agencies for which the bidder has performed similar work within the past ten years:”
2. On page 24, “Bidder’s Critical Staff”,
DELETE the following:
“Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.”
REPLACE with the following:
“Listed below are the names of the bidders proposed Construction Project Manager, Superintendent, or other critical positions. For these critical positions, please list at least three projects for which the critical staff has performed similar work within the last ten years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.”
Question 4:
Section 43 41 43 - Polyethylene Tanks: The first paragraph of the specification section asks for double wall tanks, but the drawing shows a dimension in the construction notes which appears to call out a single wall Poly Process tank. 12’ x 8’.
Are the tanks requested meant to be double walled or single walled? Response to Question 4:
Single wall tank is acceptable and is the intended configuration for this project.
On specification section 43 41 43 paragraph 1.01A,
DELETE the following:
“Scope: Contractor shall provide all labor, materials, equipment and incidentals required to provide a high density polyethylene (HDPE) double walled storage tanks, complete and operational with accessories as shown and specified, for treatment backwash storage.”
REPLACE with the following:
“Scope: Contractor shall provide all labor, materials, equipment and incidentals required to provide a high density polyethylene (HDPE) storage tanks, complete and operational with accessories as shown and specified, for treatment backwash storage.”
Question 5:
What is the engineer’s estimate for this project?
Response to Question 5:
Engineer's Estimate is $4,350,000 (Excluding Owner Furnished Control Panels) Question 6:
Will you please send out the Optional Pre-Bid Meeting Sign-In Sheet? Response to Question 6:
Please see attached.
Question 7:
The tank in the plans is a single wall tank, however the specification calls out for a double wall tank. Can you please clarify what is required. If a double wall tank is required, below are links to our double wall tank drawings that are closest to the 4900 gallons specified.
- 5400 Gallon Double Wall Tank:
https://tanks.polyprocessing.com/hubfs/tankfiles/PPC_DRAWING-2D-SAFE-A05400.pdf - 4350 Gallon Double Wall Tank:
https://tanks.polyprocessing.com/hubfs/tankfiles/PPC_DRAWING-2D-SAFE-A04350.pdf Response to Question 7:
See response to Question 4.
Question 8:
Is there a bidders or planholder list that can be made available to us? Response to Question 8:
See “Prospective Bidders” Tab on PlanetBids:
https://vendors.planetbids.com/portal/39491/bo/bo-detail/130595#
END OF ADDENDUM
By order of the City of Seal Beach,
___________ _________________ 6/16/25
Deputy Director of Public Works/City Engineer Date
Attachments
A. Bidder’s Project History
B. Bidder’s Critical Staff
C. June 12, 2025 Optional Pre-Bid Sign-In Sheet
23 Bidder’s Project History (Revised via Addendum 1)
For the purposes of this project, the bidder and/or bidders project management team shall provide project history of similar work, specifically referencing its experience of successfully completing construction of separate pressurized water treatment projects such as, but not limited to, granular activated carbon, ion exchange, surge tanks, membrane filtration, and/or pressurized filtration. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.
Listed below are the names, address and telephone numbers for two public agencies for which the bidder has performed similar work within the past ten years:
1. Name and Address of Public Agency
Name and Telephone No. of Project Manager: _________________________________________ Contract Amount Type of Work Date Completed
Provide additional project description to show similar work:
2. Name and Address of Public Agency
Name and Telephone No. of Project Manager: _________________________________________ Contract Amount Type of Work Date Completed
Provide additional project description to show similar work:
3. Name and Address of Public Agency
Name and Telephone No. of Project Manager: _________________________________________ Contract Amount Type of Work Date Completed
Provide additional project description to show similar work:
24 Bidder’s Critical Staff (Revised via Addendum 1)
Listed below are the names of the bidders proposed Construction Project Manager, Superintendent, or other critical positions. For these critical positions, please list at least three projects for which the critical staff has performed similar work within the last ten years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.
1. Name of proposed Project Manager
Telephone No. of proposed Project Manager: __________________________________________ Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed
2. Name of proposed Superintendent
Telephone No. of proposed Superintendent: ___________________________________________ Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed
June 16, 2025
Addendum No. 1
LAMPSON WELL TREATMENT SYSTEM
CIP No. WT1902
Attention all Interested Parties:
The following clarifications, revisions, additions and/or deletions are hereby made a part of the bid documents:
Responses to Bid Questions Received as of June 16, 2025:
Question 1:
Please confirm that “harmonic analysis shall be performed and submitted with the bid package.” See specifications section 26 2920, paragraph 2.03E (VARIABLE
FREQUENCY DRIVE (VFD) EQUIPMENT)
Response to Question 1:
Harmonic analysis is not required to be submitted with the bid package.
DELETE the following paragraph 2.03E on specification section 262920:
“E. To ascertain the harmonic contribution of the VFD’s at the PCC and to show compliance with IEEE 519-1992, harmonic analysis shall be performed and submitted with the bid package, provided that the VFD vendor is in receipt of the below listed information 10 working days prior to the bid date.
1. kVA rating of the low voltage distribution transformer(s)
2. X/R Ratio of utility low voltage distribution transformer(s)
3. Primary voltage
4. Secondary voltage
5. Secondary %IZ (impedance)
6. Length, size, & number of conductors between transformer LV side and distribution panel
7. System Single Line Diagram and electrical equipment list showing transformer and VFD detail
8. Total linear load kW to be connected to the distribution transformer Public Works
Department of
9. Anticipated maximum demand load (15 minute or 30 minute) on the distribution transformer (IEEE 519)”
Question 2:
Please provide the “compliance report” form that is required with bids, mentioned on page 11 of the specifications, under Fair Employment Practices.
Response to Question 2:
On page 11, INSTRUCTION TO BIDDERS - FAIR EMPLOYMENT PRACTICES section,
DELETE the following:
FAIR EMPLOYMENT PRACTICES: The Contractor shall complete and enclose with their Bid the compliance report attached to the Bid proposal form, stating that the Contractor will pursue an affirmative course of action as required by the affirmative action guidelines.
As set forth in Labor Code section § 1735, the Contractor shall not discriminate in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons, except as provided in Government Code section § 12940. Every Contractor for public works violating this provision is subject to all of the penalties imposed for a violation of Labor Code Div. 2, Part 7, Chapter 1.
REPLACE with the following:
“FAIR EMPLOYMENT PRACTICES: The Contractor shall not unlawfully discriminate against any individual based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status. The Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all federal and California statutes and local ordinances and regulations.
The Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.” Question 3:
We request the below language in item to be accepted and incorporated into the bid documents:
1. Current - “For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of potable water wells including drilling, development, testing of wells within a urban or suburban environment. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein..”
2. Change To - “For the purposes of this project, the bidder or bidders project management team shall provide project history of similar work, specifically referencing the construction of potable water wells including drilling, development, testing of wells within a urban or suburban environment. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.” Response to Question 3:
The “Bidders Project History” and “Bidder’s Critical Staff” forms have been updated and attached to this addendum as Attachment A and Attachment B, respectively.
Bidders shall utilize these updated forms. Revisions are as follows:
1. On page 23, “Bidder’s Project History”,
DELETE the following:
“For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of potable water wells including drilling, development, testing of wells within a urban or suburban environment.
Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.
Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years:” REPLACE with the following:
“For the purposes of this project, the bidder and/or bidders project management team shall provide project history of similar work, specifically referencing its experience of successfully completing construction of separate pressurized water treatment projects such as, but not limited to, granular activated carbon, ion exchange, surge tanks, membrane filtration, and/or pressurized filtration. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.
Listed below are the names, address and telephone numbers for two public agencies for which the bidder has performed similar work within the past ten years:”
2. On page 24, “Bidder’s Critical Staff”,
DELETE the following:
“Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.”
REPLACE with the following:
“Listed below are the names of the bidders proposed Construction Project Manager, Superintendent, or other critical positions. For these critical positions, please list at least three projects for which the critical staff has performed similar work within the last ten years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.”
Question 4:
Section 43 41 43 - Polyethylene Tanks: The first paragraph of the specification section asks for double wall tanks, but the drawing shows a dimension in the construction notes which appears to call out a single wall Poly Process tank. 12’ x 8’.
Are the tanks requested meant to be double walled or single walled? Response to Question 4:
Single wall tank is acceptable and is the intended configuration for this project.
On specification section 43 41 43 paragraph 1.01A,
DELETE the following:
“Scope: Contractor shall provide all labor, materials, equipment and incidentals required to provide a high density polyethylene (HDPE) double walled storage tanks, complete and operational with accessories as shown and specified, for treatment backwash storage.”
REPLACE with the following:
“Scope: Contractor shall provide all labor, materials, equipment and incidentals required to provide a high density polyethylene (HDPE) storage tanks, complete and operational with accessories as shown and specified, for treatment backwash storage.”
Question 5:
What is the engineer’s estimate for this project?
Response to Question 5:
Engineer's Estimate is $4,350,000 (Excluding Owner Furnished Control Panels) Question 6:
Will you please send out the Optional Pre-Bid Meeting Sign-In Sheet? Response to Question 6:
Please see attached.
Question 7:
The tank in the plans is a single wall tank, however the specification calls out for a double wall tank. Can you please clarify what is required. If a double wall tank is required, below are links to our double wall tank drawings that are closest to the 4900 gallons specified.
- 5400 Gallon Double Wall Tank:
https://tanks.polyprocessing.com/hubfs/tankfiles/PPC_DRAWING-2D-SAFE-A05400.pdf - 4350 Gallon Double Wall Tank:
https://tanks.polyprocessing.com/hubfs/tankfiles/PPC_DRAWING-2D-SAFE-A04350.pdf Response to Question 7:
See response to Question 4.
Question 8:
Is there a bidders or planholder list that can be made available to us? Response to Question 8:
See “Prospective Bidders” Tab on PlanetBids:
https://vendors.planetbids.com/portal/39491/bo/bo-detail/130595#
END OF ADDENDUM
By order of the City of Seal Beach,
___________ _________________ 6/16/25
Deputy Director of Public Works/City Engineer Date
Attachments
A. Bidder’s Project History
B. Bidder’s Critical Staff
C. June 12, 2025 Optional Pre-Bid Sign-In Sheet
23 Bidder’s Project History (Revised via Addendum 1)
For the purposes of this project, the bidder and/or bidders project management team shall provide project history of similar work, specifically referencing its experience of successfully completing construction of separate pressurized water treatment projects such as, but not limited to, granular activated carbon, ion exchange, surge tanks, membrane filtration, and/or pressurized filtration. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.
Listed below are the names, address and telephone numbers for two public agencies for which the bidder has performed similar work within the past ten years:
1. Name and Address of Public Agency
Name and Telephone No. of Project Manager: _________________________________________ Contract Amount Type of Work Date Completed
Provide additional project description to show similar work:
2. Name and Address of Public Agency
Name and Telephone No. of Project Manager: _________________________________________ Contract Amount Type of Work Date Completed
Provide additional project description to show similar work:
3. Name and Address of Public Agency
Name and Telephone No. of Project Manager: _________________________________________ Contract Amount Type of Work Date Completed
Provide additional project description to show similar work:
24 Bidder’s Critical Staff (Revised via Addendum 1)
Listed below are the names of the bidders proposed Construction Project Manager, Superintendent, or other critical positions. For these critical positions, please list at least three projects for which the critical staff has performed similar work within the last ten years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.
1. Name of proposed Project Manager
Telephone No. of proposed Project Manager: __________________________________________ Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed
2. Name of proposed Superintendent
Telephone No. of proposed Superintendent: ___________________________________________ Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed
June 26, 2025
Addendum No. 2
LAMPSON WELL TREATMENT SYSTEM
CIP No. WT1902
Attention all Interested Parties:
The following clarifications, revisions, additions and/or deletions are hereby made a part of the bid documents:
1. NOTICE INVITING BIDS
DELETE the following:
“BIDS MUST BE RECEIVED BY: July 2nd at 10:30 am
BIDS TO BE OPENED BY: July 2nd at 10:30 am”
REPLACE with the following:
“BIDS MUST BE RECEIVED BY: July 16th at 10:30 am
BIDS TO BE OPENED BY: July 16th at 10:30 am”
2. CONTRACT DOCUMENT TITLE SHEET
DELETE the following:
“Bid Opening Date and Time: July 2nd at 10:30 am”
REPLACE with the following:
“Bid Opening Date and Time: July 16th at 10:30 am”
3. BID PROPOSAL
The Bid Proposal sheets (pages 77-83) have been updated to include two Alternate Bid Deduction Items A1 and A2 to show amount of cost savings (-) to Bid Items #32 and #33 if the above ground pipes were changed to Carbon Steel with FusionBonded Epoxy Coating and Lining. Bidders shall utilize the updated Bid Proposal Sheets included in this Addendum as Attachment A.
Public Works
Department of
4. Responses to Bid Questions Received from Addendum 1 release through June 25, 2025:
Question 1:
Is Welded Pipe ok to use? Seamed/Welded Pipe will be priced 60% of the more expensive Seamless.
Response to Question 1:
Please be specific which pipe you are referring to. I.e, 16-inch buried steel pipes are welded per sheet C4.0.
Question 2:
The spec calls out A778 for the Pipe, and A774 for the fittings. (Very Typical). Both are extremely hard to find in these larger sizes, and very expensive.
Normal/Stocked Pipe Spec; A/SA 312 TP
Normal/Stocked Fitting Spec; A/SA 403
Do you want the quote reflecting A778/A774, or A312/A403 ? (All in 316L, S/20) Response to Question 2:
The City encourages all proposers to submit bids based on the existing specifications, including any addendums. After the bids are opened, lowest bidder may submit a substitution request to the City for consideration.
Question 3:
AIS Material, or Import OK ?
Response to Question 3:
Import is acceptable.
In Specification Section 40 05 60, DELETE the following paragraph 1.04C :
AIS Step Certification Process shall be used to ensure that producers adhere to the American Iron and Steel (AIS) requirement and verify that products comply with the AIS requirement. The AIS Step Certification Process shall require that certification for each handler (supplier, fabricator, manufacturer, processor, etc.) of the iron and steel products certifies that their step in the process was domestically performed.
Each time a step in the manufacturing process takes place, the manufacturer shall deliver its work along with a certification of its origin. The certification must include at a minimum the name of the manufacturer, the location of the manufacturing facility where the product or process took place (not its headquarters), a description of the product or item being delivered, and a signature by a manufacturer’s responsible party. These step certifications shall be collected and maintained by the final manufacturer, vendor, or contractor that delivers the iron or steel product to the worksite, and shall provide a final certification asserting that all manufacturing processes occurred in the US.
Question 4:
Flanges; If Piping system is 150 PSI or less, then we can use a 150# Slip-On Flange, 316L, Flat Face. Does this sound correct to you? Response to Question 4:
Please bid per plan and specifications.
Question 5:
Welded Joints; Looks like it’s Visual, and a Hydro in the field. Did you see anything that calls for Die Pen Testing or Xray to Welds?
Response to Question 5:
The Contractor is responsible to perform quality control field testing, including welding, pressure testing, etc. The City will handle inspection services.
Question 6:
Please confirm who is to procure the GAC vessels.
a. The bid table says the contractor is to furnish and install b. Spec section 46-1300 1.01 A says the Owner has procured the GAC filter vessels.
Response to Question 6:
The Contractor shall furnish and install the four (4) GAC vessels per bid item No. 31.
In Specification Section 46 13 00,
DELETE the following:
SECTION 46 1300 - GAC FILTER VESSELS
PART 1 - GENERAL
1.01 THE REQUIREMENT
A. The OWNER has procured the GAC filter vessels to be installed by the CONTRACTOR. The CONTRACTOR shall procure and install filter media for all four (4) filter vessels.
PART 2 - PRODUCTS
2.01 GENERAL REQUIREMENTS
A. GAC Filter Vessels
1. The CONTRACTOR shall install the GAC filter vessels per the manufacturer’s requirements.
B. GAC Media
1. Clean >95% 1/2"-3/4” gravel with minimal fines shall be used for filling bottom cap of filters up to the filter laterals.
2. Clean coconut shell-based GAC media from Carbon Activated in Compton California, COC AL60, 12x30 Mesh, shall be used above the garnet in a 48” high layer.
REPLACE with the following:
SECTION 46 1300 – GAC FILTRATION MEDIA
PART 1 - GENERAL
1.01 THE REQUIREMENT
A. The CONTRACTOR shall procure and install filter media for all four (4) filter vessels.
PART 2 - PRODUCTS
2.01 GENERAL REQUIREMENTS
A. GAC Filter Vessels
1. The CONTRACTOR shall install the GAC filter vessels per the manufacturer’s requirements.
B. GAC Media
1. Clean coconut shell-based GAC media from Carbon Activated in Compton California, COC AL60, 12x30 Mesh.
Question 7:
Please confirm if the GAC vessel anchorage is to be cast in place or drilled and bonded.
Response to Question 7:
This will be at the contractor’s discretion and submitted as a deferred submittal.
Whether the component is cast-in-place or drilled and bonded, the contractor shall coordinate closely with the manufacturer to ensure proper integration and compatibility.
Question 8:
Section 46 13 00 – GAC Filter Vessels, 43 4200-2.02 B.p – Has a hub and lateral underdrain. Is there something special about this design that makes it required? If not, we request that the industry standard underdrain, the external ring header septa design, be accepted as an alternative. There have been hundreds of GAC vessel installations nationwide with the external ring header design since the early 1990s. A reference list of the AqueoUS Vets installations has been attached.
The external ring header design would be an external 8” pipe beneath the vessel that secures eight nozzles. The attached GA Drawing is included for reference.
Response to Question 8:
We are flexible regarding the use of a hub and lateral underdrain system, we are firm on maintaining the external discharge configuration. This specific design is critical to support the automated and operational system.
Question 9:
Section 46 13 00 – GAC Filter Vessels, Part 2 – 2.01 states that a gravel underbed is required under the granular activated carbon. However, with GAC, an underbed is not recommended because it prevents the carbon from being slurried out of the vessel which is the industry standard method to remove the carbon from the vessel.
Response to Question 9:
There is no need for a gravel underbed. See Response #6 Question 10:
Please clarify the location of the rupture disk listed in Section 43 4200-2.02B.6.u.
They are not seen on the drawings or the P&ID. They are required for an ASME Code-rated pressure vessel as a protective measure against an event that exceeds the vessel's pressure rating.
Response to Question 10:
Per the Drawings, Sheets T1.0 and M6.1, Note 3, a 3" Zook graphite rupture disc rated at 125 PSIG is to be installed on the 4" media fill line, and as specified in Section 43 42 00 – 2.02.B.6.u. installation on the vent line is also acceptable. This will be a deferred submittal and alternative methods of pressure relief can be presented by the manufacturer.
Question 11:
Section 43 42 00 – 2.02 specifies that four lifting lugs are required, while Drawing T1.0 shows only three on the vessel. Could you please advise which requirement is correct? For reference, per industry standard, we typically recommend using two lifting lugs, as this is generally sufficient for handling and helps avoid potential interference with face piping and manways.
Response to Question 11:
The use of two lifiting lugs is acceptable. Note that the acceptable quantity of lugs can vary based on Tank MFRs as long as the supplied system provides sufficient support, control, and safety of the vessel during installation.
Question 12:
Drawing sheets E2.0 & E2.1 both show FIT 04070, however this FIT is not shown anywhere on the P&ID’s. Please confirm if this FIT is existing or new. If new, please provide make, model, specifications, etc….
Response to Question 12:
There is no existing or new Flowmeter at this location.
P309B in the Power Conduit Wire Schedule on drawing sheet E6.2 shall be a SPARE.
C101C in the Control Conduit Wire Schedule on drawing sheet E6.3 shall be a SPARE.
Question 13:
Drawing Sheet E0.0 NOTE 12: “Underground conduits shall be SCH 40 encased with PVC coated galvanized rigid steel bends, elbows, & turn ups. Above ground conduit shall be PVC coated galvanized rigid steel unless noted otherwise.” Specification Section 26 0533.13 does not have the requirement for PVC coated bends elbows, only for stub-up & risers. Please confirm if PVC coated elbows & bends are required for underground PVC conduit installation as well as risers & stubups.
Response to Question 13:
Please follow Note 12 in drawing sheet E0.0.
Question 14:
Section 46 1300 (GAC Filter Vessels), Part 2, Section B (GAC Media) specifies the use of coconut-based GAC media, COC-AL-60 by Carbon Activated. Has the City already procured this specific media, or is there flexibility to propose an alternative GAC media type?
Response to Question 14:
The City encourages all proposers to submit bids based on the existing specifications, including any addendums. After the bids are opened, lowest bidder may submit a substitution request to the City for consideration.
Question 15:
The addition of garnet prior to the GAC is mentioned, but no specifications are provided. Is a garnet bottom layer required for this installation? Response to Question 15:
There is no need for a garnet bottom layer. See Response #6 Question 16:
Will the primary mode of operation for the GAC vessels be lead/lag or parallel configuration?
Response to Question 16:
The primary mode of operation for the GAC vessels will be in a parallel configuration.
Question 17:
Clarify that the Pressure Vessels are Owner Furnished. Section 2 - Scope of Work states that they are contractor furnished, however spec section 46 1300 GAC Filter Vessels state the Owner has procured the vessels for the contractor to install. If owner furnished please confirm if the City has possession of the Vessels currently and does the City have shop drawings / submittals yet from the manufacturer? Response to Question 17:
The Contractor shall furnish and install the four (4) GAC vessels per bid item No. 31.
See Response #6
Question 18:
Section 46-1300-2.01-B-2 mentions COC-AL60 12X30 Mesh shall be used above the garnet in a 48” high layer. What size is the garnet and what is the media depth, other than the word “garnet” a size and depth is not mentioned in specifications or addendum. Attached is a spec from a previous project in Huntington Beach as a reference.
Response to Question 18:
There is no need for a garnet bottom layer. See Response #6 Question 19:
The technical table of contents doesn't list the Pressure Vessel System, however it is within the specs in section 43 4221.
Response to Question 19:
In the technical table of contents page 00 0110-4,
DELETE the following:
DIVISION 43 PROCESS GAS AND LIQUID HANDLING, PURIFICATION, AND
STORAGE EQUIPMENT
43 4143 POLYETHYLENE TANK AND APPURTENANCES
DIVISION 46 WATER AND WASTEWATER EQUIPMENT
46 0000 WATER AND WASTEWATER EQUIPMENT
46 0548 VIBRATION AND SEISMIC CONTROLS FOR WATER AND
WASTEWATER EQUIPMENT
46 0553 IDENTIFICATION FOR WATER AND WASTEWATER EQUIPMENT 46 0600 COMMON WORK RESULTS FOR PROCESS PUMPS
46 0601 CLOSE COUPLED END SUCTION PUMP
46 1300 GAC FILTER VESSELS
46 5110 COMPRESSED AIR SYSTEMS
REPLACE with the following:
DIVISION 43 PROCESS GAS AND LIQUID HANDLING, PURIFICATION, AND
STORAGE EQUIPMENT
43 4143 POLYETHYLENE TANK AND APPURTENANCES
43 4221 GAC PRESSURE VESSEL SYSTEM
DIVISION 46 WATER AND WASTEWATER EQUIPMENT
46 0000 WATER AND WASTEWATER EQUIPMENT
46 0548 VIBRATION AND SEISMIC CONTROLS FOR WATER AND
WASTEWATER EQUIPMENT
46 0553 IDENTIFICATION FOR WATER AND WASTEWATER EQUIPMENT 46 0600 COMMON WORK RESULTS FOR PROCESS PUMPS
46 0601 CLOSE COUPLED END SUCTION PUMP
46 1300 GAC FILTRATION MEDIA
46 5110 COMPRESSED AIR SYSTEMS
Question 20:
Please clarify whether the PLC panel processor is Allen Bradley CompactLogix 5069 Series or 1769 Series.
Response to Question 20:
The PLC panel processor is Allen Bradley CompactLogix 5069-L320ER per shop drawing on sheet TCP-1 in the plans.
Question 21:
Please clarify that the RIO panel processors are Automation Direct/CLICK PLUS C2- 03CPU-2.
Response to Question 21:
The RIO Panel Processors are KOYO CLICK C2-03CPU-2 per the shop drawing in the plans.
Question 22:
Please clarify who is providing the SCADA programming.
Response to Question 22:
The City is responsible for the SCADA programming.
Question 23:
Could you please confirm if all control panels, including the PLCs, are ownerfurnished? Also, could you advise on who is responsible for the programming? Response to Question 23:
The 5 control panels are owner-furnished and stored at the site. Please see sheet page number 92-135 for Control Planel Shop drawings. PACE is responsible for PLC programming.
Question 24:
We respectfully request an extension to the current bid due date for the Lampson Well Treatment System project. Several factors have impacted our team’s ability to compile a thorough and competitive proposal by the existing deadline:
• Holiday Timing – The current bid date falls near the Fourth of July, which is the largest summer holiday, limiting the availability of key personnel and subcontractors. • Project Complexity – The scope and scale of the project require significant coordination, detailed takeoffs, and comprehensive vendor outreach. • Conflicting Bid Dates – We’ve identified that other large similar type projects are scheduled to bid on the same date, further straining resources and subcontractor availability.
We suggest a bid extension of 10-14 calendar days to allow all parties adequate time to prepare and ensure a fair and competitive bidding environment.
Response to Question 24:
Bid Due date has been extended to July 16.
END OF ADDENDUM
By order of the City of Seal Beach,
___________ _________________ 6/26/25
Deputy Director of Public Works/City Engineer Date
Attachments
- ATTACHMENT A – Updated Bid Proposal Sheets
77 BID PROPOSAL (ADDENDUM #2)
CITY OF SEAL BEACH LAMPSON WELL TREATMENT SYSTEM
PROJECT CIP NO. WT 1902
BID SHEETS
Bidder’s Name: ____________________________________________________________ To the Honorable Mayor and Members of the City Council:
In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the City Engineer, at the following prices:
Base Bid Items
Item
No. Description Unit Quantity Unit Price (in Figures)
Extended Price
(in Figures)
1 Mobilization, Construction Trailer,
Permits, Bonds, Insurance,
Construction Scheduling, and
Demobilization
LS 1 $__________ $____________
2 Prepare Storm Water Pollution
Prevention Plan (SWPPP) and
Install and Maintain Construction
BMPs
LS 1 $__________ $____________
3 Prepare and Implement a Shoring
Plan by a California Liscensed LS 1 $__________ $____________ 4 Prepare Spill Prevention and
Emergency Response Plan LS 1 $__________ $____________
5 Prepare Traffic Control Plans by a
California Licensed Traffic
Engineer
LS 1 $__________ $____________
6 Implement Traffic Control LS 1 $__________ $____________ 7 Pothole Existing Utilities and
Confirm Tie-in Locations LS 1 $__________ $____________ 8 Survey and Verify All Elevations
and Dimensions Of Existing
Utilities and Confirmed Tie-in
Locations
LS 1 $__________ $____________
9 Site Demolition Per Plan, Remove
Existing Chainlink Fence, Clearing
and Grubbing
LS 1 $__________ $____________
78 10
Pressure Testing and Pipe
Disinfection LS 1 $__________ $____________
11 Site Excavation, Scarification,
Recompaction, CAB, and Remove
& Dispose Excess Soil
LS 1 $__________ $____________
12 Furnish and Install All Labor,
Material and Equipment Required
to Construct Buried 12" PVC Drain
Pipe, Junction Boxes, Thrust
Blocks, Pavement Restoration
and Appurtenances to Existing
Storm Drain Pipe Per Plans
LF 110 $__________ $____________
13 Furnish and Install All Labor,
Material and Equipment Required
to Construct Buried 12" PVC
Drain Pipe, Junction Boxes,
Thrust Blocks, Pavement
Restoration and Appurtenances to
Existing Sewer Manhole Per Plans
LF 70 $__________ $____________
14 Furnish and Install All Labor,
Material and Equipment Required
to Construct Buried 6" PVC Drain
Pipe, Junction Boxes, Thrust
Blocks, Pavement Restoration and
Appurtenances to Existing Sewer
Manhole Per Plans
LF 50 $__________ $____________
15 Furnish and Install All Labor,
Material and Equipment Required
to Modify Existing Sewer Manhole
and Connect 6" PVC Drain Pipe
EA 1 $__________ $____________
16 Furnish and Install All Labor,
Material and Equipment Required
to Construct Buried 4" PVC
Perforated Drain Pipe Per Plans
LF 135 $__________ $____________
17 Furnish and Install All Labor,
Material and Equipment Required
to Construct Buried 16" CMCL
Welded Steel Influent Pipe, Valve,
Fittings, Thrust Blocks, Pavement
Restoration and Appurtenances
with Cathodic Protection Per Plans
LF 100 $__________ $____________
18 Furnish and Install All Labor,
Material and Equipment Required
to Construct Buried 16" CMCL
Welded Steel Effluent Pipe, Valve,
Fittings, Thrust Blocks, Pavement
Restoration and Appurtenances
LF 85 $__________ $____________
79 with Cathodic Protection Per Plans
19 Furnish and Install All Labor,
Material and Equipment Required
to Tie-in Existing 16" Well
Discharge to CMCL Welded Steel
Influent and Effluent Piping Per
Plan, Including and Not Limited to
Thrust Blocks, Pavement
Restoration, Valves, Fittings and
with Associated Appurtenances
Per Plans
LS 1 $__________ $____________
20 Furnish and Install Buried 18" PVC
Drain Pipe, Vault, Pavement
Restoration and Appurtenances to
Existing Storm Drain Vault Per
Plans
LF 30 $__________ $____________
21 Furnish and Install Buried 4" PVC
Pipe, Junction Boxes, Pavement
Restoration and Appurtenances for
Separate Future Communication
Fibers Per Plans
LF 100 $__________ $____________
22 Furnish and Install all Labor,
Material, and Equipment Required
to Construct Buried 6" PVC Sewer
Pipe, Fittings, Trench, and
Pavement Restoration
LF 50 $__________ $____________
23 Furnish and Install All Labor,
Material and Equipment Required
to Modify Existing Sewer Manholes
and Connect 6" PVC Sewer Pipe
EA 2 $__________ $____________
24 Furnish and Install Various
Diameters PVC Conduits and
Conductors, Junction Boxes and
Appurtenances for Electrical
System Per Plans
LS 1 $__________ $____________
25 Furnish and Install Various
Diameters PVC Conduits and
Conductors, Junction Boxes, and
Appurtenances for
Instrumentations and Controls Per
Plans
LS 1 $__________ $____________
26 Furnish and Install Buried 2" PVC
Pipe Sleeve, Fittings, Chlorine
Tubing, Injector, Pavement
Restoration and Appurtenances to
the Existing Chlorine Injection
LS 1 $__________ $____________
80 Piping Per Plans
27 Furnish and Install Buried 3" 316
Stainless Steel Air Pipe, Junction
Boxes, Valves, Fittings, Pavement
Restoration and Appurtenances
Per Plans
LF 120 $__________ $____________
28 Furnish and Install Two 7.5 HP Air
Compressors, Piping, Fittings, and
Appurtenances Per Plans
LS 1 $__________ $____________
29 Furnish and Install Reinforced
Concrete Pad, with Concrete
Access Ramps for the Treatment
System Per Plans
LS 1 $__________ $____________
30 Furnish and Install Various
Diameters Above Ground
Stainless Steel Influent and
Effluent Header Pipes with
Supports, Fittings, and
Appurtenances Per Plans
LS 1 $__________ $____________
31 Transport and Install Four (4)
Owner-Furnished 12' Diameter
Steel Pressure Vessels Per Plans
LS 1 $__________ $____________
32 Furnish and Install Various
Diameters Above Ground
Stainless Steel Pipes From Each
Pressure Vessels with Supports,
Valves, Fittings, and
Appurtenances Per Plans
LS 1 $__________ $____________
33 Furnish and Install Various
Diameters Above Ground
Stainless Steel Pipes From the
Pump Pad with Pumps, VFDs,
Mazzei Injectors, Steel Rack,
Supports, Valves, Fittings, and
Appurtenances to Each Pressure
Vessels Per Plans
LS 1 $__________ $____________
34 Furnish and Install Various
Diameters Electrically Actuated
Isolation/Modulating Valves,
Butterfly, and Ball Valves Per
Plans
LS 1 $__________ $____________
35 Furnish and Install Various
Diameters Manual Isolation
Valves, Such as Air
Vacuum/Release, Butterfly, and
LS 1 $__________ $____________
81 Ball Valves Per Plans
36 Furnish and Install Various Above
Ground Electrical and
Communication Conduits and
Conductors for Each Vessel
LS 1 $__________ $____________
37 Furnish and Install Pre-Fabricated
Fiberglass Structure, Railings,
Bollards, A/C System, Lighting,
and Receptacles Per Plans
LS 1 $__________ $____________
38 Furnish and Install 12' Diameter
Detention Tank Per Plans LS 1 $__________ $____________ 39 Furnish and Install Concrete Pad
for Detention Tank LS 1 $__________ $____________
40 Furnish and Install Various
Diameters Flow Meters, with
Conduits, Conductors, Fittings,
and Appurtenances Per Plans
LS 1 $__________ $____________
41 Furnish and Install Electrical
Conduits, Conductors, Power SubPanel, and Owner-Furnished Central Control Panel Inside the
New Fiberglass Structure
LS 1 $__________ $____________
42 Furnish and Install 8' Tall CMU
Block Walls Per Plans LF 180 $__________ $____________
43 Treatment System Set-Up and
Start-Up Testing (Assume 5 Days) EA 5 $__________ $____________ 44 Provide two (2) Separate Four (4)
Hour Training Sessions on all
Newly Installed Equipment
LS 1 $__________ $____________
45 Provide two (2) Hard Copies and
the Electronic Copies of Newly
Installed Equipment O&M Manuals
LS 1 $__________ $____________
82 Base Bid Items
Item
No. Description Unit Quantity Unit Price (in Figures)
Extended Price
(in Figures)
TOTAL BASE BID PRICE
(ITEMS NO. 1 THROUGH 45)
$
WORDS FIGURES
IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL
PREVAIL
Note: Items may be adjusted or deleted. Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses.
TOTAL BID PRICE = BASE BID AMOUNT
TOTAL BID PRICE IN DIGITS: $____________________
TOTAL BID PRICE IN WORDS: _________________________________________________ Alternate Bid Deduction Items #A1 and #A2 Below (Not Used for Base Bid) – Since Stainless Steel pipes are more costly than carbon steel with fusion-bonded epoxy coating and lining, provide below the amount of cost savings if Bid Items #32 and #33 were changed to carbon steel instead.
A1
Provide the Amount of Cost
Saving to Bid Item #32 if Bid Item
#32 for the Above Ground Pipes
Were Changed to Carbon Steel
with Fusion-Bonded Epoxy
Coating and Lining
LS 1 $__________ $____________
A2
Provide the Amount of Cost
Saving to Bid Item #33 if Bid Item
#33 for the Above Ground Pipes
Were Changed to Carbon Steel
with Fusion-Bonded Epoxy
Coating and Lining
LS 1 $__________ $____________
83 NOTE: The City reserves the right to award a Contract to the lowest responsible Bidder in parts or in its entirety and reserves the right to reject all Bids and re-advertise, as appears to be in the best interests of the City. A Bid is required for this entire Work, the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing Bids, and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit prices shall govern over extended amounts, and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract.
The undersigned Bidder agrees that, if awarded the Contract, Bidder will complete all Work according to the Contract Documents. The undersigned Bidder is licensed in accordance with the requirements of the Business and Professions Code, California Contractor's License No.-_________________, Class ________________ (REQUIRED AT TIME OF AWARD).
Legal Business Name of Bidder
Business Address
Business Tel. No.
Signature Date Title
Signature Date Title
Signature Date Title
If Bidder is an individual, name and signature of individual must be provided, and, if he or she is doing business under a fictitious name, the fictitious name must be set forth. If Bidder is a partnership or joint venture, the complete legal name of partnership/joint venture and state of formation must be provided, followed by signatures of all of the partners/joint venturers or fewer than all of the partners/joint venturers if submitted with evidence of authority to act on behalf of the partnership/joint venture. If Bidder is a corporation, the complete legal name of corporation and state of incorporation must be provided, followed by signatures of (i) the corporation President or Vice President and (ii) the Secretary or Assistant Secretary, and (iii) the corporate seal. Signatures of partners, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners, joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors.
AMENDMENT NO. 2
PROFESSIONAL SERVICES AGREEMENT
for
Lampson Well Treatment Analysis (WTI 902)
Professional Engineering Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Pacific Advanced Civil Engineering, Inc.
17520 Newhope Street, Suite 200
Fountain Valley, CA 92708
714) 481- 7300
This Amendment No. 2, dated March 22, 2021, amends that certain agreement Agreement") dated December 19, 2019, as previously amended by Amendment No. 1 dated April 27, 2020, by and between the City of Seal Beach (" City"), a California charter city, and Pacific Advanced Civil Engineering, Inc. (" Consultant"), a California corporation.
1 RECITALS
A. Effective December 19, 2019, City and Consultant entered into an Agreement for Consultant to provide professional engineering services for the Lampson Well Treatment Analysis, C1 WT1902 (" Project').
B. Effective April 27, 2020, City and Consultant entered into an amendment to the Agreement (" Amendment No. 1") for modified services and increased Consultant' s compensation by $29,500, for a revised total contract amount of $62,500.
C. City and Consultant wish to amend the Agreement, as previously amended by Amendment No. 1, for Consultant to provide additional professional engineering services for the Project, and to increase Consultants compensation by $ 379, 105 for those additional services required in connection with the Project, for a revised total compensation in the not -to -exceed amount of $441, 605 as provided herein.
AMENDMENT NO. 2
NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows:
Section 1. Section 1. 0 ( Scope of Services) of the Agreement, is hereby amended to add Subsection 1. 1. 2 to read as follows:
1. 1. 2 Consultant shall provide those additional engineering services hereinafter " Additional Services") set forth in the attached Exhibit A-2 Consultant' s Scope of Services -- Additional Services), which are hereby incorporated by reference. To the extent that there is any conflict between Exhibits A, A- 1, A-2, B, this Agreement, Amendment No. 1, and Amendment No. 2, Amendment No. 2 to this Agreement shall control." Section 2. Section 2. 0 ( Term) of the Agreement is hereby amended in its entirety to read as follows:
2. 0 Term
2. 1 Except as modified by Sections 2. 2 and 2. 3, the term of this Agreement shall commence as of the Effective Date, and shall continue for a term of one ( 1) year unless previously terminated as provided by this Agreement.
2. 2 Notwithstanding Section 2. 1, the term of Amendment No. 1 for the performance of the Additional Services ( as set forth in Exhibit A- 1) shall commence as of the Effective Date of Amendment No. 1, and shall continue for a period of one ( 1) year ending April 13, 2021, unless previously terminated as provided by this Agreement or extended by the City Manager with 30 days' prior notice.
2 2. 3 Notwithstanding Sections 2. 1 and 2. 2, the term of Amendment No. 2 for the performance of the Additional Services ( as set forth in Exhibit A-2) shall commence as of the Effective Date of Amendment No. 2, and shall remain in full force and effect until December 31, 2025, unless previously terminated as provided by this Agreement." Section 3. Section 3. 0 ( Consultant' s Compensation) of the Agreement is hereby amended in its entirety to read as follows:
3. 1 City will pay Consultant in accordance with the hourly rates shown on the fee schedules set forth in Exhibit A (for Services) and Exhibit A-1 ( for Additional Services), but in no event will the City pay more than the total not -to -exceed amount of $ 62,500 for the Services ( Exhibit A) and Additional Services ( Exhibit A-1). Any additional work authorized by the City pursuant to Section 1. 5 will be compensated in accordance with the fee schedules set forth in Exhibits A and A-1, and shall not exceed the amount authorized by the City Council at time of award or amendment.
3. 1. 1 City will pay Consultant in accordance with the hourly rates shown on the fee schedules set forth in Exhibit A-2 ( for Additional Services), but in no event will the City pay more than the not -to -exceed amount of $ 379, 105 for those Additional Services set forth in Exhibit A-2; and City shall pay no more than the revised total contract amount not -to -exceed $ 441, 605 for all services under the Agreement ( Exhibit A), Amendment No. 1 ( Exhibit A- 1), and Amendment No. 2 Exhibit A-2). Any additional work authorized by the City pursuant to Section 1. 5 under Amendment No. 2 will be compensated in accordance with the fee schedule set forth in Exhibit A-2, and shall not exceed the amount authorized by the City Council at time of amendment.
3.2. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council.
Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the fee schedules set forth in Exhibit, Exhibit A-1 or Exhibit A-2.""
Section 4. Subsection 15. 6 is hereby added to Section 15. 0 ( Insurance) of the Agreement to read as follows:
15. 6. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its officers, agents, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants or other subcontractors."
Section 5. All references to the term "Agreement' throughout Sections 1. 0 through 30.0, inclusive, of the Agreement are hereby modified to include the Agreement dated December 19, 3 2019, Amendment No. 1, dated April 27, 2020, and this Agreement No. 2, dated March 22, 2021, as if all of those terms are fully set forth therein.
Section 6. Except as expressly modified or supplemented by this Amendment No. 2, all other provisions of the Agreement, as previously amended by Amendment No. 1, shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment No. 2 and the provisions of the Agreement and/ or Amendment No. 1, the provisions of this Amendment No. 2 shall control.
4 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed and attested by their proper officers thereunto:
CITY OF SEAL BEACH CONSULTANT: Pacific Advanced Civil
Engineering, Inc., a California
cor tion
Jil Ingram, City Ma By:
RpVAT p
Attest: ", 4 * a :fVame. Duncan Lee
C- 3
By: Q a s: Principal, QA/QC Manager - Utilities Division Gloria arper, Ci' g
Approved as F FG By:
By: Name: Mark E. Krebs
aig . Steele, City Attorney
Its: President
Please note, two signatures required for corporations
under Corp. Code § 313, unless corporate documents
authorize only one person to sign this Agreement on
behalf of the corporation.)
5 EXHIBIT A-2
Consultant' s Scope of Services -- Additional Services
PACE Advanced Water Engineering
AUTHORIZATION FOR CHANGE ORDER
TO: City of Seal Beach, Public Works Dept. ATTN: Iris Lee 211 Eighth Street DATE:
Seal Beach, CA 90740 PROJECT
Phone ( 562) 431- 2527 x1322 C. O. AUTH. #:
February 10, 2021
B629 — Lampson Well Treatment
Analysis — Pilot Project
2 Revision 1
PACE is requesting authorization for an additional budget to perform the following new tasks.
Overview:
When Lampson Well runs for long periods or at higher flow rates, there is a significant increase in Hydrogen sulfide ( H2S) concentrations. While H2S is identified under the National Secondary Drinking Water Regulations for aesthetic effects and is not a health and safety concern, the " rotten egg odor" from H2S is very distinct and can generate consumer complaints. The staffs current short-term solution is to increase chlorine dosage and minimize the well' s operation to reduce odor development. A more permanent solution is desired to increase well production capacity and operational flexibility while reducing strain on the other three wells.
The pilot study concluded a total of two ( 2) viable treatment options through the use of Granular Activated Carbon ( GAC). They are:
Biological Activated Carbon ( BAC) treatment
Passive Regeneration of GAC
At this stage, the City intends to design a permanent H2S removal system at Lampson Well with PACE.
Description of Scope:
Our services and " optional" service will be described as follows:
Task A — Project Management (Total of $20.450):
Al — Overall Project Management — Email, phone, meeting correspondence, general project management, and to assist with funding opportunities.
A2 — Kick- off Meeting — 1 full day or two ( 2) half- day initial kick- off meeting with City staff to define and refine project scope and objectives.
A3 — Progress & Project Development Meetings — PACE will meet with City staff to go over progress at every significant milestone and to meet more frequently if deemed necessary with City staff.
A4 — Establish & Routine Update Project Schedule — The project schedule will be generated through Microsoft Projects. PACE will update the schedule bi- monthly or more frequently if deemed necessary with City staff.
Task B — Research and Data Collection ( Total of $ 24. 615):
131 — Field Site Review, Research, Review, and Data Collection — PACE will review all applicable and relevant data, including and not limited to record drawings, water quality reports, SCADA data, site visits, and City standard plans and specifications.
B2 — Additional Piloting for Design Parameters — PACE will assist City staff in collaborating with the California State Division of Drinking Water (DDW) to determine the required pilot objectives and data Iris Lee — Change Order # 2 ( Revision 1) February 10, 2021 Lampson Well Treatment Analysis — Pilot Project— City of Seal Beach / # B629 Page 2 of 5 necessary for the City to design the treatment system. PACE assumes City will perform typical water quality testing as required for the pro' ect.
B3 — Microbian Diversity Analysis (BAC Only) — PACE will provide equipment, materials, and labor to examine the GAC media samples from additional piloting for microbial communities that may be responsible for sulfide oxidation and removal. PACE will test the GAC media samples to identify specific sulfur -oxidizing microorganisms ( bacteria), such as Acidithiobacillus spp. and Thiobacillus spp. The possible presence of ammonia -oxidizing bacteria will also be examined. Two ( 2) samples will be extracted after three ( 3) weeks, and an additional two ( 2) samples after six ( 6) weeks of growing biomass.
B4 — Geotechnical Service and Report — PACE will hire Ninyo & Moore to update the original September 19, 2008, Geotechnical Evaluation Lampson Avenue Well Report. The updated report will contain updated soil design parameters for the additional structural loads from the proposed treatment vessels.
Task C — Utility Research and Base Mapping ( Total of $8, 405):
C1 — Notify U. S.A. to Field Mark Underground Utilities — PACE will assist City staff in requesting U. S. A. to field mark underground utilities within the proposed project limit.
C2 — Utility Research with a Utility Log — PACE will review applicable record drawings and U. S. A. markings to determine existing underground utilities within the proposed project limit.
C3 — Topographic Survey ( Secondary wl Pump Station Pad as Bench at 0') — PACE will utilize in- house staff and equipment to determine the existing elevation of unimproved areas, areas of potential conflict, and all points of connections. The bench will be the current concrete pump station pad with an assumed secondary elevation of 0'.
Task D — Preliminary Design Report ( PDR) ( Total of $42, 935):
D1 — Concept Site Layout Plans ( 2 Layout Alternatives) — PACE will develop two ( 2) optimal site layout alternatives for City staff consideration. The minimum requirement for consideration is constructability, accessibility, and maintainability. The valving arrangement will be designed with actuated valves to automate the treatment system for removing H2S using either the BAC or passive regeneration method. Filter -to -waste and bypass cycles will also be managed through actuated valves. Additional manual lead -lag valve arrangement will be necessary to handle future removal of PFAS. Each concept plan will be around eight ( 8) sheets, consist of a site plan, site elevation, mechanical plan, storm drain piping, sewer piping, airline and air compressor layout, P& ID, and electrical single -line.
D2 — 90% & 100% Preliminary Design Report ( PDR) Submittal — PACE will collaborate with City staff to develop critical design and operation parameters, including selecting major equipment in the PDR.
D3 — Preliminary Cost Estimate — PACE will develop a " rough" cost estimate for the City to validate necessary funding to design and construct the proposed treatment system.
D4 — Architectural Site Elevation of Final Layout Alternative — PACE will develop site elevation exhibits that can be included in the contract documents or used for various public presentations.
D5 — Public Presentations ( City Council, Town Hall Outreach, etc) — PACE will collaborate with City staff to support or make presentations at four ( 4) various public meetings, including any City Council or town hall outreach efforts.
Task E — Construction Documents ( Total of $113, 990):
E1 — Engineering Plans ( 50%, 90%, and 100% Final Submittals) — PACE will develop construction plans, including general, civil, mechanical, structural, electrical, and instrumentation plan sheets for the treatment system. Final plans is expected to have over forty (40) plan sheets. It will include and are PACE
Iris Lee — Change Order # 2 ( Revision 1) February 10, 2021 Lampson Well Treatment Analysis — Pilot Project— City of Seal Beach / #B629 Page 3 of 5 not limited to title sheet, general notes, boundary map, demo plan, site plan, grading plan, civil details, yard piping plan, water line and connection, sewer line and connection, storm drain line and connection, air supply line and compressor plan, site elevation plan, mechanical plans, mechanical sections, mechanical details, steel tank plans, foundation plans, structural details, structural calculations, fencing plans and details, filters P& ID plans, chemical injection and sampling modification plans, single line diagram, panel schedule, conduit and wire schedule, electrical and power control conduit plan, and electrical details.
E2 — Special Provisions and Technical Specifications ( 90% and 100% Final Submittals) — PACE will prepare bid specifications in City format.
E3 — Cost Estimate ( 90% and 100% Final Submittals) — PACE will prepare an engineer' s cost estimate to be included in the bid package and a more conservative estimate for budgetary purposes.
Task F — CEQA and Permitting ( Total of $20, 435):
F1 — Assist w/CEQA Categorical Exemption — PACE can provide necessary information and assistance to City staff to utilize CEQA Categorical Exemption for the treatment project on an existing well site.
F2 — Assist City to Obtain Initial DDW Approval to Proceed with Design and Construction — PACE will collaborate with City staff to submit a package to DDW to obtain permission to proceed with the proposed treatment design and construction of the treatment system. The DDW package will include the final technical memorandum from the pilot study and a concept site plan.
F3 — Assist w/ Conditional Use Permit ( Planning) — PACE can provide necessary information and assistance to City staff to obtain any required Planning permit, including preparing exhibits or attending meetings.
F4 — Assist w/ Building Permit ( Building & Safety) — PACE can provide necessary information and assistance to City staff to obtain any required Building & Safety permit, including preparing additional engineering details or calculations.
F5 — Prepare DDW Water Quality Monitoring Plan — PACE will collaborate with City staff to develop a comprehensive water quality monitoring plan to satisfy DDW. The monitoring plan will be more comprehensive for the 1St year of operation and less stringent once the treatment system is operating correctly. DDW will likely require monitoring treated water from each treatment vessel and aggregate water before released to the City' s drinking water network. PACE assumes City will perform typical water Quality testing as required for the project.
F6 — Update Technical Memorandum of the Pilot Study — Upon completion of any additional pilot testing and laboratory testing, PACE will update the technical memorandum of the pilot study and will be submitted to DDW for final approval to operate the treatment system.
F7 — Assist City to Obtain Final DDW Approval to Place Treatment System in Operation — PACE will collaborate with City staff to submit a final DDW package for permission to operate the new treatment system and distributed treated effluent into the City' s drinking water network.
Task G — Construction & Post Construction Support ( Total of $49, 955):
G1 — Bid Support — PACE will assist City staff with bid support, including and not limited to pre- bid meetings, bid review, and addendums.
G2 — Construction Engineering Support — PACE will assist City staff with construction engineering support, including and not limited to pre -construction meetings, site meetings, review submittals, respond to RFIs, and evaluate contractor' s change order requests.
G3 — Provide Guidance and Direction for Treatment Start -Up — Once construction is substantially completed to test the treatment system, PACE will collaborate with City staff and the contractor and 1 PACE
Iris Lee — Change Order # 2 ( Revision 1) February 10, 2021 Lampson Well Treatment Analysis — Pilot Project— City of Seal Beach / # B629 Page 4 of 5 provide guidance to start- up the treatment system. The short duration testing period will not be sending treated effluent into the City drinking water network but will be disposed of through the existing storm drain piping.
G4 — Provide Operator Training ( 2 Sessions) — Once the contractor is off-site and the City has taken full ownership of the new treatment system, PACE will coordinate with City staff to provide two ( 2) full sessions of operator training. Training will include the ability and option to treat using the BAC method or the passive regeneration method.
G5 — Provide Two ( 2) Years of Remote System Monitoring ( Includes Wireless Service) — PACE will have the ability to monitor the treatment system remotely and to advise City staff if changes and maintenance are necessary. PACE will not control or change control of the treatment system unless specifically requested by an authorized City operation staff. PACE will perform this service for two ( 2) years.
G6 — Prepare O& M Manual — After the treatment system operates for a reasonable amount of time, PACE will collaborate with City staff to develop a simple to use O& M manual. The manual will show the start- up of the treatment system, shut down the system, clean the system through backwashing, and regenerate GAC media through passive venting. Furthermore, there will be one full electronic manual with quick navigation links, and a separate compact manual meant for day to day operators.
G7 — Record Drawings — PACE will prepare record drawings from the contractor' s redline mark- up plans.
Optional Task H ( Total of $ 98, 320):
H1 rOptionalj — Custom Build & Program Stainless Steel Control Panel ( 2 Phases of Programmingi — PACE will design a new filtration control panel for the treatment system and its four 14s water treatment filter vessels. The new control panel will provide automatic and manual control of each vessel s multiple modulating valves. The control panel will be programmed to isolate throttle and redilate flow as required not exceed treatment capacity and regulate flow for backwash cycles The design will include shop drawing preparation of all hardware and layout of the proposed panel PACE will procure materials and hardware for the panel fabricate the panel and program the panel for 2 phases of use 1 phase is to have an operational HMI screen to manually control automated valves for the treatment s,/ stern to ensure connectivity and open and close properly After the treatmentsystem Is in operation for se eral months and a desired automated approar( identified ; y PACE and the City 2" and final phase programming will automate the treatment system' s process to simplify operators' steps and reduce the opportunity to operate the t, eatrnar. t syste- , nco- ectly Br ng terminations and m;; unt ng the panel at tre project site shall be provided by the City s contrac?o" while PACE will provide independent field s/ steam loop checks testing, and debugging The O& M manual will be updated per the final HMI design centro! panel will be provided wits, tag arrays for City s SCADA integrator to separately a,,, dlater lie—into Cit, s existing SCADA PACE anticipate the ` allow ng tentative list of major hardware ( not all tithe` ancilla:,, erg . ilp- ent not Show' below; PLC Processor
PLC Power SuPPI
PLC Backplane
Color Touchscreen
UPS for Panel
NEMA 4X 304SS Enciosore
Interior Back Panel
Swingout Panel
v' Ireinss Ethernet Bridge
Back -rip Conventional :Auto -d al Alarm 1J^, t
PACE
Iris Lee — Change Order # 2 ( Revision 1) February 10, 2021 Lampson Well Treatment Analysis — Pilot Project— City of Seal Beach / #B629 Page 5 of 5 COInoenSation:
PACE will complete the work outlined herein and invoice the City monthly on a percentage of completion basis for the Not -To -Exceed amount of $ 280, 785 in accordance with the attached hourly rate and engineering fee estimate.
NOTE: All of the above fees are Not -To -Exceed amounts and will not be exceeded without prior written consent.
Task Description: Professional Fee:
Task A — Project Management $ 20, 450
Task B — Research and Data Collection $ 24, 615
Task C — Utility Research and Base Mapping $ 8, 405
Task D — Preliminary Design Report ( PDR) $ 42, 935
Task E — Construction Documents $ 113, 990
Task F — CEQA and Permitting $ 20, 435
Task G — Construction & Post Construction Support $ 49, 956 This Request - Change Order # 2:
Task H ( Optional) — Custom Build & Prograrm SS Control Panel $ 98, 320 Estimated By: February 10, 2021
Duncan Lee, PE — PACE Date
AGREED TO AND ACCEPTED BY:
Iris Lee, P. E. - City of Seal Beach Date
1 PACE
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ACORO` CERTIFICATE OF LIABILITY INSURANCE
DATE ( MMIDDIYYYY)
2/ 22/ 2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER License # 0757776 CONTACT
NAME:
ac°,"x ,Ext): ( 949) 623- 3980 ac, Ne):( 949) 891- 0407 Newport Beach, CA - HUB International Insurance Services Inc. 4695 MacArthur Court
Suite 600 ADDRESS,
Newport Beach, CA 92660
INSURERS AFFORDING COVERAGE NAIC /<
INSURER A: Evanston Insurance Company 35378
DAMAGE TO RENTED 300, 000
rr
INSURED INSURER B: Nationwide Mutual Insurance Company 23787 INSURER C: Oak River Insurance Company 34630 Pacific Advanced Civil Engineering Inc. ( PACE) 17520 Newhope Street Suite 120 INSURER D: Arch S ecial Insurance Company 21199 Fountain Valley, CA 92708
INSURER E
INSURER F :
AUTOMOBILE
X
X
COVERAGES CERTIFICATE NUMBER- REVISION NUMBER -
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRT TYPE OF INSURANCE
ADOL SUBR
POLICY NUMBER
POLICY EFF POLICY EXP
LIMBS
A X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR X MKLV5PBC001833 4/ 30/ 2020 4/ 30/ 2021 EACH OCCURRENCE $ 1, 000, 000
DAMAGE TO RENTED 300, 000
rr
MED EXP (Any oneperson) $
PERSONAL & ADV INJURY $
1' 000' 000
GEN' L AGGREGATE LIMIT APPLIES PER:
POLICY X JECOT- LOC
OTHER: CAP:$ 10, 000, 000
GENERAL AGGREGATE $ 2,000,000
PRODUCTS - COMP/ OP AGG $ 2, 000, 000
EBL AGGREGATE 11000, 000
B AUTOMOBILE
X
X
LIABILITY
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIREDX NON - OWNED
AUTOS ONLY AUTOS ONLY
X ACP BA 3009722129 4/30/2020 4/30/2021
COMBINED SINGLE LIMIT
nt)$
1, 000, 000
BODILY INJURY Perperson)
BODILY INJURY Per accident $
PROPERTY DAMAGE
Per accident
A
X
UMBRELLA L1113
EXCESS LIAB
X OCCUR
CLAIMS - MADE MKLV5EUL102438 4/ 30/ 2020 4/ 30/ 2021
EACH OCCURRENCE $ 5,000, 000
AGGREGATE $ 5,000, 000
DED RETENTION $
C WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
Y / N
ANY PROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBER EXCLUDED? F—] Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
NIAE.L. X PAWC229051 3/ 2/ 2021 3/ 2/ 2022
X I PER OTHSTATUTE ER
EACH ACCIDENT $ 1, 000, 000
E. L. DISEASE - EA EMPLOYEE $ 1, 000,000
E. L. DISEASE - POLICY LIMIT 1, 000, 000
D
D
PROF & POLL LIAB
RETRO DATE: 1/ 1/ 1995
CPPOO55298- 07
CPPOO55298- 07
4/ 30/ 2020
4/ 30/ 2020
4/ 30/ 2021
4/ 30/ 2021
EACH CLAIM $ 3M / DED 150,000
AGG $ 6M/ DED 450, 000
DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) RE: Operations of the named insured during the current policy term. City of Seal Beach, its directors, officials, officers, employees, agents and volunteers are additional insured with respect to the General Liability and Auto Liability as per written contract with the named insured and attached endorsements. Excess Liability Follows Form. 30 day notice of cancellation applies per policy provisions and endorsements.
CERTIFICATE HOLDER f-etur1171 I ATlnu
AGUKLJ ZD ( ZU101U3) © 1988- 2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 211 - 8th Street
ACCORDANCE WITH THE POLICY PROVISIONS.
Seal Beach, CA 90740
AUTHORIZED REPRESENTATIVE
AGUKLJ ZD ( ZU101U3) © 1988- 2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: MKLV5PBC001833 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s): Location And Description Of Completed Operations As required by written contract executed by both parties Applies to Commercial Work only prior to loss
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section 11 — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only with
respect to liability for " bodily injury" or " property damage" caused, in whole or in part, by " your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the " products - completed
operations hazard".
CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
As required by written contract executed by both parties prior to loss Applies to commercial work only
If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED ( Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your Work" for that insured by or for you.
CG20101185 Copyright, Insurance Services Office, Inc.
Policy Number: MKLV5PBC001833 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s): Locations Of Covered Operations
As required by written contract executed by both parties All locations prior to loss
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A Section II — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only
with respect to liability for " bodily injury", " property damage" or " personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured( s) at the location( s) designated above.
B. With respect to the insurance afforded to these
additional insureds, the following additional exclusions apply:
This insurance does not apply to " bodily injury" or
property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on the project ( other than service, maintenance
or repairs) to be performed by or on behalf of
the additional insured( s) at the location of the
covered operations has been completed; or
2. That portion of " your work" out of which the
injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1
COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.
A. Cancellation
1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation.
2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least:
a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason.
INTERLINE
IL 00 17 11 98
b. Give you reports on the conditions we find;
and
c. Recommend changes.
2. We are not obligated to make any inspections,
surveys, reports or recommendations and any
such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety
of workers or the public. And we do not warrant
that conditions:
3. We will mail or deliver our notice to the first
Named Insured' s last mailing address known to
us. 3.
4. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.
5. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we
cancel, the refund will be pro rata. If the first
Named Insured cancels, the refund may be
less than pro rata. The cancellation will be effective even if we have not made or offered a refund.
6. If notice is mailed, proof of mailing will be sufficient proof of notice.
B. Changes
This policy contains all the agreements between
you and us concerning the insurance afforded.
The first Named Insured shown in the Declarations
is authorized to make changes in the terms of this
policy with our consent. This policy's terms can be
amended or waived only by endorsement issued
by us and made a part of this policy.
C. Examination Of Your Books And Records
We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward.
D. Inspections And Surveys
1. We have the right to:
a. Make inspections and surveys at any time;
4. a. Are safe or healthful; or
b. Comply with laws, regulations, codes or
standards.
Paragraphs 1. and 2. of this condition apply not
only to us, but also to any rating, advisory, rate
service or similar organization which makes insurance inspections, surveys, reports or recommendations.
Paragraph 2. of this condition does not apply to
any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators.
E. Premiums
The first Named Insured shown in the Declarations:
1. Is responsible for the payment of all premiums;
and
2. Will be the payee for any return premiums we
pay.
F. Transfer Of Your Rights And Duties Under This
Policy
Your rights and duties under this policy may not be
transferred without our written consent except in
the case of death of an individual named insured.
If you die, your rights and duties will be transferred
to your legal representative but only while acting
within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your
property will have your rights and duties but only
with respect to that property.
IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 0
COMMERCIAL AUTO
AC 70 05 03 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO PROTECTION - GOLD
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SUMMARY OF COVERAGES
A. Effect of This Endorsement
B. Newly Acquired or Formed Entities
C. Employees as Insureds - Nonowned Autos
D. Additional Insured by Contract, Permit or Agreement
E. Supplementary Payments - Bail Bonds
F. Supplementary Payments - Loss of Earnings
G. Personal Effects and Property of Others Extension
H. Prejudgment Interest Coverage
I. Fellow Employee - Officer, Managers and Supervisors
J. Hired Auto Physical Damage
K. Temporary Substitute Autos - Physical Damage Coverage L. Expanded Towing Coverage
M. Auto Loan or Lease Coverage
N. Original Equipment Manufacturer Parts - Leased Private Passenger Types O. Deductible Amendments
P. Rental Reimbursement Coverage
Q. Expanded Transportation Expense
R. Extra Expense - Stolen Autos
S. Physical Damage Limit of Insurance
T. New Vehicle Replacement Cost
U. Physical Damage Coverage Extension
V. Transfer of Rights of Recovery Against Others To Us
W. Section IV - Business Auto Conditions - Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory
Y. Emergency Lock Out
Z. Cancellation Condition
AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 7 with its permission
COMMERCIAL AUTO
AC 70 05 0316
A. EFFECT OF THIS ENDORSEMENT
Coverage provided under this policy is modified
by the provisions of this endorsement. If there
is any conflict between the provisions of this
endorsement and the provision( s) of any state -
specific endorsement also attached to this policy, then the provision( s) of the state -specific endorsement shall apply instead of the provisions of this endorsement that are in conflict, but only to the extent of the conflict, and only to
the extent necessary to bring such provisions
into conformance with the state requirement( s)
contained in the provision( s) of the state -specific
endorsement.
B. NEWLY ACQUIRED OR FORMED ENTITIES
The Named Insured shown in the Declarations is
amended to include any organization you newly
acquire or form, other than a partnership, joint
venture, or limited liability company, and over
which you maintain ownership or majority ( more
than 50%) interest; if there is no other similar insurance available to that organization. Coverage under this provision is afforded until the 1801h
day after you acquire or form the organization or
the end of the policy period, whichever is later.
C. EMPLOYEES AS INSUREDS - NONOWNED
AUTOS
The following is added to paragraph A.1. Who Is
An Insured of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:
d. Any " employee" of yours is an " insured"
while using a covered " auto" you don' t own,
hire or borrow in your business or your personal affairs.
D. ADDITIONAL INSURED BY CONTRACT,
PERMIT OR AGREEMENT
The following is added to A. 1. Who Is An Insured of SECTION II - COVERED AUTOS LIABILITY COVERAGE:
Any person or organization that you are required to name as an additional insured in a written contract or agreement that is executed
or signed by you prior to a " bodily injury' or
property damage" occurrence is an " insured"
for Covered Auto Liability coverage. However, with respect to covered " autos", such person or organization is an insured only to
the extent that person or organization qualifies
as an " insured" under A. 1. Who is an Insured of
SECTION II - COVERED AUTOS LIABILITY
COVERAGE:
If specifically required by the written contract or
agreement referenced in the paragraph above,
any coverage provided by this endorsement to
an additional insured shall be primary and
any other valid and collectible insurance available to the additional insured shall be noncontributory with this insurance. If the written contract does not require this coverage to be
primary and the additional insured' s coverage to
be non- contributory, then this insurance will be
excess over any other valid and collectible insurance available to the additional insured.
E. SUPPLEMENTARY PAYMENTS - BAIL
BONDS
Supplementary Payments of SECTION II -
COVERED AUTOS LIABILITY COVERAGE is
revised as follows:
2) Up to $ 2, 500 for cost of bail bonds ( including
bonds for related traffic law violations)
required because of an " accident" we cover.
We do not have to furnish these bonds.
F. SUPPLEMENTARY PAYMENTS - LOSS OF
EARNINGS
Supplementary Payments of the SECTION II -
COVERED AUTOS LIABILITY COVERAGE is
revised as follows:
4) All reasonable expenses incurred by the " insured" at our request, including actual loss of earnings up to $ 500 a day because of
time off from work.
G. PERSONAL EFFECTS AND PROPERTY OF
OTHERS EXTENSION
1. The. Care, Custody or Control Exclusion of
SECTION II - COVERED AUTOS
LIABILITY COVERAGE, does not apply to
property damage" to property, other than
your property, up to an amount not exceeding $ 250 in any one " accident". Coverage is excess over any other valid and collectible
insurance.
2. The following paragraph is added to A. 4.
Coverage Extensions of SECTION III -
PHYSICAL DAMAGE COVERAGE:
c. We will pay up to $ 500 for your property
that is lost or damaged as a result of a
covered " loss", without applying a deductible. Coverage is excess over any other valid and collectible insurance.