Agenda packet, regular meeting — Laguna Beach City Council, September 22, 2026 (part 3 of 9)

Following a comprehensive review of the submitted proposals, staff recommends the selection of Olaunu LLC based on their qualifications, relevant municipal experience, technical approach, and institutional knowledge of Laguna Beach's operational landscape. Olaunu’s proposed Project Manager, Mary Vondrak, previously served as the City's Senior Water Quality Analyst. Ms. Vondrak possesses direct familiarity with the City's historical and current NPDES infrastructure, local regulatory challenges, and compliance requirements. This specialized expertise, combined with Olaunu's broader regional experience across Orange County, ensures the City will maintain seamless regulatory continuity.

The proposed services will provide continued support for essential municipal obligations. The contract structure targets immediate municipal needs while strategically preparing for evolving state regulations:
• Base Compliance Services ($180,963): Covers an estimated 809 labor hours dedicated to mandatory annual operations, including program management, commercial/industrial inspections, regulatory reporting, illicit discharge response, and staff training. • Optional JRMP/LIP Updates ($15,170): This task is recommended in anticipation of the San Diego Regional Water Quality Control Board (Region 9) updating and formally adopting a comprehensive regional replacement for the current Phase I MS4 permit. Securing this task ensures the City can rapidly align its local policy frameworks with incoming regional mandates. • Deferred Services: Staff does not anticipate a current municipal need for the optional task regarding Water Quality Management Plan (WQMP) administration, review, and inspection services.

Consequently, this task is excluded from the current recommendation.

Therefore, staff recommends that a task order for the base services and the optional service for updating the JRMP/LIP be authorized at this time for a total not-to-exceed amount of $196,133. Additional optional services from the proposal may be authorized separately in the future, subject to changing regulatory requirements, specific City needs, and available funding.

FINANCIAL ANALYSIS
The proposed cost for the base NPDES Program Compliance Services and the optional service to update the City's JRMP/LIP is $196,133 for a one-year term. Funding for these professional services is available within the City's approved Public Works operating budget for NPDES/stormwater program compliance.

Specifically, Account No. 1103136-55036 maintains an allocated budget of $272,000 for the current fiscal year. Therefore, there are no additional allocations required at this time.

ENVIRONMENTAL ANALYSIS
The recommended action consists of organizational or administrative activities of the City that will not result in a direct or indirect physical change in the environment and therefore does not constitute a “project” within the meaning of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21065; 14 CCR Section 15378(b)(5)).

In the alternative, hiring a consultant for program administration, facility inspections, annual reporting, illicit discharge investigation and response, staff training, and regional regulatory coordination is an action taken to assure the maintenance, restoration, enhancement, or protection of the environment and is thus exempt under CEQA Guidelines Section 15308.
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AWARD OF TASK ORDER FOR NPDES COMPLIANCE SERVICES
September 22, 2026

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ATTACHMENTS

1. Olaunu, LLC Proposal

2. Olaunu, LLC - Agreement
Submitted By: Thomas Perez Approved: .David A Kiff
Thomas Perez, Acting Director of
Public Works & Utilities
Dave Kiff, City Manager
Report Prepared By: Coordinated With:

Tran Tran, Assistant City Engineer Thomas Perez, Acting Director of Public Works & Utilities
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NPDES Program Compliance Services
City of Laguna Beach Public Works Department
Response to Request for Proposals
Proposals Due July 29, 2026, at 5:00 p.m.

Electronic Submission
LOCAL EXPERIENCE | REGIONAL LEADERSHIP | PRACTICAL IMPLEMENTATION Submitted by
Olaunu
San Clemente, California
(949) 449-7980 | Olaunu.com
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July 29, 2026
Thomas Perez, P.E.

City Engineer
City of Laguna Beach
479 Ocean Avenue
Laguna Beach, CA 92651
Re: NPDES Program Compliance Services Proposal
Dear Mr. Perez:

Olaunu is pleased to submit this proposal to provide NPDES Program Compliance Services to the City of Laguna Beach. Olaunu offers a locally based, senior level team with direct knowledge of the City’s programs, regional leadership experience, and the ability to begin work immediately under the City’s 2026-2029 On-Call Consultant Team contract.

Mary Vondrak will serve as Project Manager and primary point of contact. Mary previously served as the City’s Senior Water Quality Analyst and managed the programs included in this RFP. Her direct institutional knowledge is complemented by Daniel Apt’s countywide program leadership, Tom Bonigut’s municipal engineering and WQMP expertise, and Larry Walker Associates’ regulatory expertise, monitoring, and annual reporting support capabilities.

Our work plan is structured around the City’s current operating conditions and program metrics, including an active facility inspection program, Water Quality Management Plan (WQMP) process for development, annual reporting, and emerging priorities involving the updated Phase I Municipal Stormwater Permit, program implementation document updates, Heisler Park ASBS compliance, staff training, and data management. We will provide practical support that strengthens compliance while reducing administrative burden on City staff.

Olaunu has carefully reviewed the Request for Proposals (RFP) and confirms that no addenda were issued for this solicitation. Olaunu will comply with all applicable requirements, terms, and conditions of the RFP. Larry Walker Associates (LWA) is proposed as a subconsultant to provide specialized regulatory compliance, TMDL implementation, monitoring, and reporting support. Olaunu and LWA have over a 20-year working history specifically with Orange County NPDES program compliance. Resumes for the proposed personnel were previously submitted and accepted as part of Olaunu's 2026–2029 On-Call Public Works Services proposal.

Consistent with the RFP, those resumes are not duplicated in this task order proposal.

Sincerely,
Daniel Apt, President
Olaunu

SUBCONSULTANT CONTACT
Larry Walker Associates (LWA)
555 W Beech Street, Suite 505
San Diego, CA 92101
Paul Hartman: [email protected]
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TABLE OF CONTENTS

1. Project Understanding Page 4

2. Qualifications and Relevant Experience Page 6

3. Proposed Staffing and Project Organization Page 7

4. Quality Control Page 8

5. Work Plan and Technical Approach Page 9

6. Schedule of Deliverables Page 14

7. Budget and Schedule Controls Page 15
Attachment A: Fee Proposal Submitted Separately
Resumes
The City has the resumes for all proposed key personnel from Olaunu’s 2026-2029 On-Call Public Works Services proposal.

The RFP states that resumes are required only if they were not included in the On-Call Consultant RFP. Accordingly, resumes are not repeated here.
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1. Project Understanding

1.1 Background
Laguna Beach operates a highly visible and operationally complex municipal stormwater program in a coastal setting with direct discharges to popular beaches, Areas of Special Biological Significance (ASBS), Marine Protected Areas (MPAs), and receiving waters subject to bacteria-related Total Maximum Daily Loads (TMDLs).

The City must integrate day-to-day municipal operations, development review, construction oversight, existing development inspections, illicit discharge response, public education, annual reporting, watershed coordination, and long-term infrastructure management into one defensible compliance program.

The City is a South Orange County Copermittee under San Diego Regional Water Board Order No. R9-2013-0001, as amended. The regional framework requires jurisdictional implementation through the Jurisdictional Runoff Management Program/Loal Implementation Plan (JRMP/LIP) while also coordinating through the Countywide Program and South Orange County Water Quality Improvement Plan (WQIP). The successful consultant must therefore work effectively coordinating City specific implementation, countywide coordination, and both State and Regional Water Board regulatory response.

This is a critical period for the City as the San Diego Regional Water Board is currently drafting the next version of the MS4 Permit while also considering amendments to the Beaches and Creeks Bacteria TMDL. The City will need expert guidance and support as these regulations, as well as other requirements such as the BMP Design Manual revisions, development program updates, and ASBS compliance may materially affect City procedures, costs, and reporting. Olaunu will help the City meet current obligations while also monitoring and guiding the City to maintain their best interests during these development periods.

1.2 Current Program Scale and Workload
Olaunu developed the proposed technical approach and level of effort based on the City's FY 2024–25 Annual Report, Local Implementation Plan (LIP), and available program information. The workload indicators below represent the City's current regulatory responsibilities and were used to estimate the resources needed to support ongoing NPDES compliance.
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At project kickoff, Olaunu will work with City staff to validate current program information, establish annual priorities, and finalize the work plan and inspection schedule. Throughout the contract, Olaunu will coordinate closely with City staff to maximize program efficiency, focus consultant resources where they provide the greatest value, and avoid duplicating work already performed by City personnel. The proposed level of effort is intended as a planning estimate and will be adjusted, as appropriate, to reflect changing program priorities and workload.

1.3 Key Challenges and Opportunities
As regulatory programs become more complex, a common challenge is ensuring City management has timely, actionable information needed to understand program status, upcoming obligations, and overall compliance performance. Without clear visibility into permit requirements, schedules, budgets, and program metrics, it can be difficult to prioritize resources, communicate progress, and confidently demonstrate compliance.

Olaunu can help transform complex regulatory requirements into practical management tools that provide City staff with a clear understanding of program responsibilities and current performance. Working collaboratively with City staff, we will develop concise implementation guides, annual compliance calendars, milestone checklists, and reference materials that clearly identify required activities, departments responsible, and key regulatory deadlines.

To further improve program management, we recommend creating intuitive dashboard-style reporting tools that provide real-time visibility into program status, including permit deliverables, inspection progress, annual reporting milestones, budget utilization, regulatory metrics, and upcoming deadlines. These tools would allow City management to quickly understand what has been completed and what needs are outstanding. Providing meaningful performance metrics and easy-to-use management tools, Olaunu can help strengthen institutional knowledge, improve communication across departments, support leadership decision-making, and create a more efficient and resilient compliance program.
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2. Qualifications and Relevant Experience
Olaunu combines direct Laguna Beach program experience with current regional and statewide stormwater expertise. Our proposed personnel have led municipal NPDES programs, WQMP compliance programs, TMDL strategy and implementation, facility and discharge inspections, annual reporting, training, audits, monitoring, green infrastructure programs, and regulatory negotiations.

Representative Experience Relevance to Laguna Beach
City of Laguna Beach NPDES Permit
Compliance Support, 2023-2025
Staff training, annual report materials, and technical support for EPA and Water Board audit activities. Mary Vondrak previously led the City’s program as Senior Water Quality Analyst.

County of Orange Regional Permit
Program Support, 2016-Present
Countywide WQMP, hydromodification, inspections, training, watershed planning, TMDL, and regional program support. Direct understanding of H2OC coordination and South Orange County NPDES implementation.

City of Avalon NPDES Permit Compliance
Program, 2015-Present
End-to-end municipal stormwater program implementation, post-construction BMP program, inspections, training, annual reporting, trash compliance, ID/IC, and TMDL support.

South Orange County and San Diego
Region Regulatory Support
LWA provides MS4 permit reissuance, bacteria TMDL, WQIP, monitoring, assessment, and reporting expertise for regional permittees.

WQMP and Green Infrastructure
Services
Olaunu has prepared, reviewed, designed, and inspected WQMP/LID/GSI systems for public agencies and private development projects, including South Orange County projects.

2.1 Why Olaunu
 Direct City knowledge with minimal ramp-up time.
 Local South Orange County availability for in-person meetings, field support, and urgent issues.  Current County of Orange regional program involvement and established working relationships.  Specialized LWA support for permit reissuance, bacteria TMDLs, monitoring, WQIP, and annual reporting.  Practical public agency experience that translates regulations into workflows City staff can implement. 999 of 3333555777
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3. Proposed Staffing and Project Organization

3.1 Organization and Roles

3.2 Lines of Communication
Mary Vondrak will be the City’s primary point of contact and will manage scope, budget, schedule, staffing, deliverables, and issue escalation. She will coordinate directly with the City Engineer and designated staff. Daniel Apt will provide executive oversight and resolve contractual or strategic issues. Technical specialists will be brought in where their expertise adds value.

Bulk of Work
Consistent with the evaluation criteria, the bulk of program management, coordination, annual reporting, WQMP, inspection-program support, ID/IC, and training work is expected to be performed by Mary Vondrak.

Engineering review and field inspection assignments under Task 9 will be distributed among Daniel Apt, Mary Vondrak, Tom Bonigut, and Brad Parks based on project complexity and City direction. LWA will be used selectively for specialized regulatory and reporting work. 1111000 of 3333555777
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3.3 Subconsultant
Larry Walker Associates, Inc. (LWA) will provide specialized regulatory, TMDL, monitoring, ASBS, WQIP, and annual reporting support. Olaunu and LWA have an established working relationship and coordinated roles in the previously submitted on-call proposal. They have collaborated for over 20 years as one of the major architects of the County of Orange NPDES program.

4. Quality Control
Olaunu’s quality process is scaled to the risk and complexity of each deliverable. Routine correspondence and inspection records receive a completeness and consistency check. Regulatory submittals, annual reports, WQMP comments, engineering recommendations, and program documents receive an independent technical review. For the Annual Report and JRMP updates, the review will include reconciliation of data, review of enforcement and follow-up records, comparison of narrative versus metrics, fiscal data confirmation, and verification that required certifications and attachments are complete. Below is an example of our quality control process. 11111111 of 3333555777
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5. Work Plan and Technical Approach
Olaunu’s approach is grounded in direct knowledge of Laguna Beach’s stormwater program, current participation in the Orange County regional program, and practical experience implementing municipal NPDES requirements in California coastal communities. We will organize the work around the City’s existing procedures and databases, confirm priorities and workload at the outset, and then apply a structured cycle of planning, implementation, documentation, quality review, and management reporting. This approach is designed to produce clear, timely, and audit ready records. Olaunu will use the City’s current conditions as planning baselines while recognizing that the actual level of effort under each task will be confirmed with the City and adjusted through task order and budget controls.

Task 1 – Program Management
Olaunu will begin with a focused kickoff meeting to confirm priorities, near-term deadlines, division of responsibilities, communication protocols, database and filing, invoicing requirements, and expectations for regulatory representation. We will translate those decisions into a concise annual work plan that identifies recurring obligations, deliverables, decision points, responsible parties, and budget assumptions through the end of the fiscal year or as directed by the City. The work plan will be maintained as a living management tool so that emerging regulatory issues and changing City priorities can be incorporated without losing control of scope, schedule, or cost.

Mary Vondrak will lead monthly coordination with the City Engineer and other designated staff. She will provide status updates summarizing work completed, upcoming deadlines, decisions needed, outstanding data requests, budget status, and potential risks. Because NPDES responsibilities cross multiple departments, Olaunu will coordinate as needed with various departments to clarify responsibilities and maintain consistent implementation.

The RFP directs the consultant to assume attendance at three two-hour regulatory or countywide meetings per month. Olaunu will review agendas and supporting materials in advance, represent the City’s interests during the meetings, track commitments and decision points, and brief the City on matters that may affect operations, enforcement, capital planning, or future compliance costs. Meeting participation may include General Permittee, Watershed Management Area, JRMP/Program Effectiveness Assessment, Legal and Regulatory Advisory, Technical Advisory, Inspection, and Regional Water Board meetings. Our team’s current involvement in the County of Orange regional stormwater program and San Diego Regional Water Board matters, as well as previous involvement representing the City of Laguna Beach, will allow us to distinguish routine information from issues that warrant City action or management attention.

Olaunu will also provide ongoing technical and regulatory support concerning the current MS4 Permit, development of the next permit, bacteria TMDL requirement considerations, the Statewide Trash Amendments, ASBS obligations, WQIP implementation, updates to the Model WQMP and Technical Guidance Document, and related federal and state initiatives. We will translate regulatory developments into concise explanations of what has changed, how the change affects Laguna Beach, when action is required, and what implementation options are available. Where existing City procedures or forms no longer reflect current requirements, we will recommend practical revisions and help implement them through targeted staff coordination and training.

Task 2 – Verification of Operations and Maintenance for Existing WQMP Properties Olaunu will administer the annual post-construction WQMP O&M verification process as an integrated compliance and asset-management activity rather than a standalone mailing exercise. At the start of the cycle, we will reconcile the City’s inventory against approved WQMPs, recorded maintenance agreements, project closeout 11112222 of 3333555777
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information, prior self-certification responses, inspection records, and newly completed projects. The FY 2024-25 Annual Report identifies 49 completed Priority Development Projects in the City’s inventory, with 22 selfcertifications received for low / medium priority sites and in person City inspections of two municipal and one private high-priority site. These figures will serve as an initial planning baseline and will be confirmed against the current database.

Following inventory validation, Olaunu will update the self-verification form and property owner communication materials, update the annual notices for distribution by the City, track responses, and conduct systematic followups. Each response will be reviewed for completeness and for indications that required treatment-control BMPs are not being inspected or maintained. Records will be organized so that the City can readily demonstrate the date of contact, responsible party, BMP type, response status, maintenance condition, follow-up action, and final resolution for each property. High priority sites that do not qualify for self-certification verification per the Permit, will be inspected in person annually. Olaunu will coordinate access to these facilities and perform up to two inspections if needed to verify compliance.

Olaunu will apply a risk-based approach to nonresponses and reported deficiencies. High priority sites, properties with recurring maintenance issues, ownership changes, incomplete documentation, or potential impacts to sensitive receiving waters will receive focused attention. We will coordinate with the City for any follow-up enforcement support where appropriate. Within two weeks after the October 1st compliance deadline, Olaunu will provide the City with an updated inventory, response and inspection summary, unresolved item list, and annual report ready metrics. This approach will strengthen compliance while steadily improving the quality of the City’s long-term post-construction BMP records.

Task 3 – Commercial, Industrial, and Municipal Inspections and Database Support Olaunu will begin the annual inspection program by reconciling facility inventories with business license data, prior inspection records, and municipal facility lists. The FY 2024-25 Annual Report identifies 145 commercial facilities, no industrial facilities, and 159 municipal facilities in the reporting tables. Because business activity and facility ownership change over time, we will validate the current inventory and document additions, removals, reclassifications, and priority assignments before finalizing the inspection schedule. Prior to creating an inspection schedule, Olaunu will confer with the City to evaluate potential efficiencies of combining inspections with existing work performed by municipal staff or other consultants. Olaunu will train and oversee all inspections and track all data regardless of the inspector.

For existing facility inspections, Olaunu will combine compliance verification with practical education. Inspectors will evaluate the applicable operational BMPs, outdoor activities, material storage, wash water, waste handling, spill prevention, and discharge pathways, explain deficiencies in clear terms, and provide written corrective actions and compliance deadlines. The prior reporting year included 60 commercial facilities that were initially noncompliant and subsequently brought into compliance. Olaunu has therefore budgeted for an estimated percentage of the inspections to require one follow up inspection. Any further non-compliance would result in a referral to the City for enforcement. Records will clearly distinguish initial inspections, follow-up inspections, violations, enforcement actions, and final compliance.

The City’s program includes targeted attention to facilities that drain toward the Heisler Park ASBS. There are nine commercial facilities identified in that drainage area that were inspected per the City ASBS Compliance Plan.

Olaunu will maintain this enhanced focus and coordinate with City staff to determine appropriate times and coordination of these inspections.

For municipal facilities, a minimum of 20 percent of the facility inventory will be inspected annually, using facilityspecific checklists and corrective-action tracking. Findings will be coordinated with the municipal department 11113333 of 3333555777
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responsible for each facility so that operational changes and maintenance needs are addressed and documented.

Olaunu will verify and update the inspection lists annually.

As a value-added recommendation, Olaunu proposes establishing a Residential Inspection Program under this task to strengthen Permit compliance. While not included in the requested scope of work, residential outreach and inspection activities represent an important permit requirement. We would work collaboratively with the City Engineer to develop a risk-based implementation plan that identifies and prioritizes residential areas for inspection, establishes documentation and tracking procedures, and integrates findings into the City's compliance records. The program would include development of inspection protocols, outreach materials, and a phased implementation strategy that can be incorporated into the City's annual work plan and reported in the FY 2026– 27 Annual Report. By establishing a structured and well-documented residential program, the City will improve permit compliance, demonstrate proactive implementation of permit requirements, and build a sustainable framework that can be refined and expanded in future years.

Task 4 – Annual Report Preparation and Program Effectiveness Assessment Olaunu will take the lead in NPDES annual reporting with assistance from the City. Early in the reporting cycle, we will issue department specific data requests and schedules. We will coordinate with the County on their data needs from Laguna Beach and ensure their deadlines are met. Olaunu will reconcile narrative descriptions with corresponding metrics from the various City departments.

The Program Effectiveness Assessment will go beyond listing activities. Olaunu will evaluate the City’s implementation, identify recurring deficiencies or workload pressures, and recommend practical improvements for the next reporting year. We will use the annual report metrics to identify where process, staffing, technology, or training adjustments could improve performance.

Olaunu will prepare draft reporting materials, complete internal technical and editorial quality control, support the City’s review, resolve comments, and provide final submittal ready electronic files for the County of Orange and Regional Water Board. The proposal schedule assumes a three-week City review period for the various reports. We will maintain an issue log for significant comments and will document the basis for material changes so that the final report remains internally consistent and defensible.

Once an updated MS4 permit is developed and adopted by the Regional Water Board, the City will be required to update their JRMP/LIP. As an optional task, Olaunu is prepared to assist the City when the time is appropriate. An update will incorporate new permit provisions, current City responsibilities, revised procedures, enforcement and documentation requirements, WQIP linkages, and updated regional guidance. We will address known program priorities identified through the recent EPA and Water Board audit process, including keeping core program documents and databases current and establishing a sustainable annual training framework. The JRMP/LIP update will be structured as a practical implementation document for City staff, not merely a restatement of permit language. The completed update will be prepared in accordance with County guidance materials and delivered for Public Works to present for City Council adoption within the regulatory mandated compliance deadline.

Task 5 – Miscellaneous Support
Olaunu will manage the miscellaneous support allowance as a controlled contingency for unforeseen work not outlined in the RFP Scope of Work. Potential assignments may include regulatory research, audit or enforcement response support, special correspondence, program fee and budget assistance, cost-share agreements, limited grant-related work, urgent data analysis, or other City-requested services. Before using the allowance, Mary Vondrak will confirm the requested outcome, estimated level of effort, responsible staff, schedule, and available budget with the City Engineer. Each assignment will be tracked separately so the City can see how the allowance is being used and what balance remains.
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Task 6 – Illegal Discharge and Illicit Connection Prevention Olaunu will support the City’s Illegal Discharge and Illicit Connection (ID/IC) program through a consistent process for intake, prioritization, investigation, documentation, enforcement coordination, and closure. Requests may originate from public complaints, City staff observations, inspection findings, dry-weather flow observations, or significant spills. We will help define the initial response based on the nature of the discharge, receiving-water risk, public-health implications, potential source, and need for coordination with County responders or other agencies. For each assigned incident, Olaunu will maintain a record of available data for the complaint or observation, field response, source-tracing steps, photographs, interviews, correspondence, corrective actions, enforcement, cleanup confirmation, and final resolution.

Olaunu will review the City’s current ID/IC procedures, forms, and tracking fields against the MS4 Permit and the City’s enforcement-response framework. Where useful, we will develop concise decision trees, response checklists, standardized correspondence, and closure criteria that allow staff from different departments to respond consistently. For significant events, Olaunu will provide regulatory liaison and documentation support while recognizing that emergency containment and cleanup remain the responsibility of City and emergencyresponse personnel. Larry Walker Associates may be engaged selectively when sampling, receiving-water assessment, pollutant-source analysis, or specialized regulatory interpretation is warranted.

Task 7 – Program Funding
Olaunu will provide up to 20 hours per year of grant assistance to identify and evaluate opportunities that align with the City’s stormwater priorities. Potential programs may include OCTA M2 Tier 1 or Tier 2, Proposition 4, and other grant funding for trash capture, water quality improvement, diversion infrastructure, green infrastructure, monitoring, asset management, or program technology. We will screen opportunities for eligibility, competitiveness, match requirements, schedule, administrative burden, and consistency with City priorities.

Olaunu has the expertise and experience to assist with program fees, annual budgets, cost allocation, and costshare agreements. Our approach will link proposed expenditures to identifiable permit obligations, program outcomes, and responsible funding sources so that the City can explain and defend its investment in stormwater compliance. Where appropriate, we will help develop multi-year funding strategies that connect regulatory needs with capital planning, grant timing, and regional cost-sharing opportunities.

Task 8 – Training
Olaunu will develop and conduct annual in-person NPDES training that is tailored to the actual responsibilities of City staff. Mary Vondrak will lead the training program using her direct experience and established contacts within each department. Sessions will use City-specific scenarios, examples, forms, and common findings so that staff can apply the information immediately. Olaunu will maintain agendas, materials, attendance records, and followup items in an audit-ready training file. The approach directly addresses the recent audit concern identified in the FY 2024-25 Annual Report regarding the need for recurring BMP maintenance training and will establish a repeatable annual cycle rather than a one-time response.

In addition to City training, Olaunu will attend up to eight hours of pertinent Countywide training each year.

Relevant updates from WQMP, hydromodification, program manager, ID/IC, facility inspection, and postconstruction inspection training will be incorporated into City procedures and future training materials. 1111555 of 3333555777
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Task 9 – Water Quality Management Plan Administration, Review, and Inspection Services As an optional task, Olaunu will assist the City with technical review and inspection services pertaining to private development WQMP sites. Olaunu would approach this by establishing a clear intake and tracking process for development related stormwater projects in line with the City’s current process. At intake, we will confirm whether the project is a Priority Development Project subject to WQMP development or alternatively, if a LID checklist is required. Once a WQMP project is identified, it will be referred and tracked through the third party NPDES review process or evaluated by Olaunu if directed by the City Engineer.

Should the City request Olaunu to provide the WQMP review services, Olaunu will evaluate project submittals against City standards, the applicable MS4 Permit, the Model WQMP and Technical Guidance Document, LID requirements, hydromodification requirements where applicable, and the City’s development procedures.

Reviews will consider project categorization, drainage management areas, site-design measures, source controls, treatment control BMP selection and sizing, calculations, proprietary-device criteria, maintenance access, ownership, recorded obligations, and long-term operation and maintenance. Written comments will be consolidated, project-specific, and actionable. Each comment will identify the applicable requirement, the deficiency, and an acceptable path to resolution. We will coordinate directly with City staff, applicants, architects, and engineers to resolve comments efficiently while maintaining the City’s standards.

For active construction WQMP inspections, Olaunu is available to verify that permanent water quality structures are installed in accordance with approved plans. Inspections may occur at pre-installation, installation, testing, final acceptance, or other critical stages identified by the City. Reports will document observed conditions, deficiencies, photographs, required corrective actions, responsible parties, and follow-up status. Special attention will be given to the phases of installation to ensure engineered structures are built as designed while also ensuring adequate sediment control protection is in place for each water quality structure during construction. Before recommending final occupancy or project acceptance, Olaunu will review record drawings, operations and maintenance documentation, recorded agreements, the final condition and accessibility of treatment-control, source-control, and LID features. Finally, Olaunu will verify the WQMP was recorded with the County and add it to the City’s Post-Construction WQMP O&M Verification inventory.

The RFP requires electronic review comments and inspection reports generally within five business days unless otherwise directed. Olaunu will use standardized templates, internal workload tracking, and escalation protocols to meet this expectation. Complex or incomplete submittals will be flagged promptly so the City understands what additional information or schedule adjustment is needed. The fee estimate uses the RFP assumptions of 500 hours annually for administration and review services and 500 hours annually for inspection services. Actual assignments will be distributed based on project complexity, priority, and City direction. At kickoff, Olaunu will work with the City to define which reviews, critical-stage inspections, backlog items, or specialty inspections should receive priority within the authorized hours.

Across all tasks, Olaunu will use consistent project controls, documented assumptions, transparent budget tracking, and QA/QC. We will look for practical opportunities to simplify forms, improve databases, standardize inspection and enforcement records, and give City management clearer visibility into program status. 1111666 of 3333555777
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6. Schedule of Deliverables
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7. Budget, Schedule, and Communication Controls
Olaunu's project management approach is founded on accountability, transparency, and proactive communication. We integrate rigorous quality assurance/quality control (QA/QC) procedures with disciplined budget and schedule management to ensure each task is completed efficiently, accurately, and within authorized limits. Our project controls include defined task authorization, monthly budget tracking, early identification and resolution of issues affecting scope, schedule, or cost, transparent invoicing, milestone scheduling, routine communication with City staff, and organized document management. Together, these practices provide the City with real-time visibility into project performance, support informed decision making, and ensure all work products are delivered on schedule, within budget, and in full compliance with regulatory requirements and City expectations. The following graphic illustrates the management controls and communication processes that will be applied throughout the duration of the contract.

7.1 Fee Proposal
The detailed fee proposal is submitted as a separate electronic PDF (Attachment A), consistent with the RFP. The underlying estimate allocates hours by staff members and major tasks using the negotiated on-call rates. The estimate includes the RFP’s stated assumptions.
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CONFIDENTIAL
TASK NO. SUBTASKS Principal-in-Charge Project Manager Senior Engineer Project Engineer Associate II (LWA) Senior II (LWA) TOTAL HOURS TOTAL FEE Assigned Personnel Daniel Apt Mary Vondrak Tom Bonigut, P.E. Brad Parks, P.E. Paul Hartman Rachel T Warren Hourly Billing Rate $275 $215 $195 $170 $331 $295
8 158 0 0 10 10 186 $42,430

1.1 Program Management – kickoff, annual work plan, budget and schedule setup 2 8 0 0 0 0 10 $2,270

1.2 Program Management – City status meetings and routine coordination 0 18 0 0 0 0 18 $3,870

1.3 Regulatory/countywide meetings – 3 meetings/month × 2 hours × 12 months (RFP) 0 72 0 0 0 0 72 $15,480

1.4 Meeting preparation, material review, notes and City briefings 2 18 0 0 0 0 20 $4,420

1.5 Technical assistance, regulatory tracking and staff guidance 4 30 0 0 10 10 54 $13,810

1.6 Supplemental staff training / procedure updates under program management 0 12 0 0 0 0 12 $2,580 14 68 0 0 0 0 82 $18,470

2.1 Verification program setup, property list/database review and preparation 0 18 0 0 0 0 18 $3,870

2.2 Verification distribution, response tracking and document management 0 24 0 0 0 0 24 $5,160

2.3 Property owner follow-up and escalation tracking 8 10 0 0 0 0 18 $4,350

2.4 Compliance summary, QA/QC, and annual report documentation 6 16 0 0 0 0 22 $5,090 10 170 0 0 0 0 180 $39,300

3.1 Commercial/industrial/municipal inventory reconciliation and City coordination 2 26 0 0 0 0 28 $6,140

3.2 Annual inspection planning, prioritization and forms/templates 4 28 0 0 0 0 32 $7,120

3.3 Commercial and industrial facility inspections – allowance 0 60 0 0 0 0 60 $12,900

3.4 Municipal facility inspections – minimum 20% annually 0 40 0 0 0 0 40 $8,600

3.5 Inspection reports, notices, follow-up, database updates, QA/QC 4 16 0 0 0 0 20 $4,540 5 106 2 0 0 0 113 $24,555

4.1 Annual Report data request, schedule and department coordination 0 24 0 0 0 0 24 $5,160

4.2 Annual Report compilation, analysis and draft preparation 0 55 0 0 0 0 55 $11,825

4.3 Program Effectiveness Assessment and supporting documentation 0 8 0 0 0 0 8 $1,720

4.4 Internal QA/QC and revisions 5 4 2 0 0 0 11 $2,625

4.5 City review response, finalization and submittal support 0 15 0 0 0 0 15 $3,225 12 30 5 5 5 6 63 $15,000

5.1 Miscellaneous Support allowance – RFP not-to-exceed $15,000 12 30 5 5 5 6 63 $15,000 0 98 0 0 8 0 106 $23,718

6.1 ID/IC complaint intake, investigation coordination and field support allowance 0 45 0 0 0 0 45 $9,675

6.2 ID/IC documentation, correspondence, tracking and follow-up 0 28 0 0 0 0 28 $6,020

6.3 ID/IC program procedure review and priority recommendations 0 25 0 0 8 0 33 $8,023 12 26 4 3 0 0 45 $10,180

7.1 Grant funding assistance – 20 hours/year (RFP) 10 10 0 3 0 0 23 $5,410

7.2 Program fees, budgets and cost-share agreement support allowance 2 16 4 0 0 0 22 $4,770 0 34 0 0 0 0 34 $7,310

8.1 Annual in-person NPDES training – planning and content development 0 16 0 0 0 0 16 $3,440

8.2 Annual in-person NPDES training – delivery and follow-up 0 10 0 0 0 0 10 $2,150

8.3 Countywide certification/training attendance – 8 hours/year (RFP) 0 8 0 0 0 0 8 $1,720 61 690 11 8 23 16 809 $180,963
4 50 4 0 5 3 66 $15,170

4.6 One-time JRMP update following adoption of updated MS4 Permit 4 50 4 0 5 3 66 $15,170 400 75 300 225 0 0 1000 $222,875

9.1 WQMP Administration / WQMP review services – 500 hours/year (RFP) 100 25 200 175 0 0 500 $101,625

9.2 Active construction WQMP inspection services – 500 hours/year (RFP) 300 50 100 50 0 0 500 $121,250 404 125 304 225 5 3 1066 $238,045
465 815 315 233 28 19 1875 $419,008

ATTACHMENT A

DETAILED FEE ESTIMATE - OLAUNU
City of Laguna Beach – NPDES Compliance Support Services Proposed annual labor hours by task and staff classification. Hourly billing rates are consistent with the approved 2026–2029 On-Call Public Works Services Agreement.

Task 1 - Program Management
Task 2 - Verification of Operations and Maintenance for Existing WQMP Properties Task 3 - Commercial, Industrial, and Municipal Inspections and Database Support Task 4 - Annual Report Preparation and Program Effectiveness Assessment Task 5 - Miscellaneous Support
Task 6 - Illegal Discharge and Illicit Connection Prevention Task 9 - WQMP Administration, Review, and Inspection Services

OPTIONAL ADDITIONAL SERVICES TOTAL
BASE + OPTIONAL SERVICES TOTAL
Notes: Fees are based on the estimated level of effort shown. Optional services will be authorized separately by the City. Miscellaneous Support is budgeted at exactly $15,000.

Task 7 - Program Funding
Task 8 - Training

BASE SERVICES TOTAL

OPTIONAL ADDITIONAL SERVICES
Task 4 - JRMP / LIP Update
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-1- PROFESSIONAL SERVICES AGREEMENT
UPDATED 2-2026

CITY OF LAGUNA BEACH

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement #26-172 is made and entered into this 1st day of July, 2026, by and between the City of Laguna Beach, a municipal corporation organized under the laws of the State of California with its principal place of business at 505 Forest Avenue, Laguna Beach, California 92651 ("City") and Olaunu, LLC, a Limited Liability Company, with its principal place of business at 940 Avenida Presidio, San Clemente, CA 92672 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing NPDES Compliance Services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the 2026-2029 ON-CALL PUBLIC WORKS SERVICES project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Category 10: NPDES Compliance Services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

CONSULTANT understands and agrees that the Services are provided on an "on-call" basis and must only be performed pursuant to a written task order issued by CITY to CONSULTANT ("Task Order"). Each Task Order shall be executed in compliance with the terms Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 2222000 of 3333555777
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UPDATED 2-2026
of the Task Order and the terms and conditions of this Agreement. To the extent any terms in a Task Order are inconsistent with this Agreement, this Agreement shall control. CONSULTANT understands and agrees that this is an agreement for on-call services, and that no issuance of any Task Order is guaranteed hereunder.

3.1.2 Term. The term of this Agreement shall be from July 1, 2026, to June 30, 2029, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. CITY shall compensate CONSULTANT for Services as set forth in each Task Order. Compensation for Task Orders shall employ the hourly rates designated on the Pricing Sheet attached as Exhibit C. The rates set forth on the Pricing Sheet are fixed for the term of this Agreement and shall not be adjusted for changes in inflation, the cost of doing business, or otherwise. CONSULTANT's travel, in-house reproduction, administration, any employment or other taxes due from CONSULTANT, and other administrative expenses are overhead expenses and not reimbursable from CITY. Project-related permit fees such as Coastal Commission and local permit fees must be approved in advance by the Director of Public Works, and if approved, shall be reimbursed to CONSULTANT at the actual cost of the fee.

3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. Failure to submit an invoice within ninety (90) days of any service(s) or good(s) provided shall constitute an absolute waiver of any right to payment for such service(s) and/or good(s), and City shall have no obligation to review, process, or pay any invoice submitted after the expiration of the ninety (90) day period.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

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-3- PROFESSIONAL SERVICES AGREEMENT
UPDATED 2-2026

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Daniel Apt, President.

3.3.5 City's Representative. The City hereby designates Thomas Perez, City Engineer, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Daniel Apt, President, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 22222222 of 3333555777
-4- PROFESSIONAL SERVICES AGREEMENT
UPDATED 2-2026
and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 22223333 of 3333555777
-5- PROFESSIONAL SERVICES AGREEMENT
UPDATED 2-2026
to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

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-6- PROFESSIONAL SERVICES AGREEMENT
UPDATED 2-2026

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 2222555 of 3333555777
-7- PROFESSIONAL SERVICES AGREEMENT
UPDATED 2-2026
"Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $2,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $2,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability: (1) Additional Insured: The City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) This insurance shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 2222666 of 3333555777
-8- PROFESSIONAL SERVICES AGREEMENT
UPDATED 2-2026
this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 2222777 of 3333555777
-9- PROFESSIONAL SERVICES AGREEMENT
UPDATED 2-2026
through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Consultant under this Agreement.

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-10- PROFESSIONAL SERVICES AGREEMENT
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(E) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(F) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(G) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 2222999 of 3333555777
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officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

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

3.5 Termination of Agreement.

3.5.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

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3.5.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.7 General Provisions.

3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 33331111 of 3333555777
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approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: Olaunu, LLC
940 Avenida Presidio
San Clemente, CA 92672
ATTN: Daniel Apt, President
City: City of Laguna Beach
505 Forest Avenue
Laguna Beach CA 92651
ATTN: Thomas Perez, City Engineer
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 33332222 of 3333555777
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at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 33333333 of 3333555777
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become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

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

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

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3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 3333555 of 3333555777
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Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.

SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF LAGUNA BEACH AND

OLAUNU, LLC
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be

CITY OF LAGUNA BEACH OLAUNU, LLC
By:

Its: President
Printed Name: Daniel Apt
By:

Its:

Printed Name:

Approved By:

Dave Kiff
City Manager
Approved as to Form: _____________________________________City Attorney
Attested By:

City Clerk
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55852.00003\42823523.1
Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"

SCOPE OF SERVICES
2026-2029 On-Call Public Works Services Proposal for City of Laguna Beach submitted by Olaunu, LLC, incorporated herein by reference.

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Olaunu San Clemente, CA 92672
Office: (949) 449-7980
Olaunu.com
April 24, 2026
City of Laguna Beach
Thomas Perez PE, City Engineer
505 Forest Ave.

Laguna Beach, CA 92651
Re: 2026-2029 On Call Public Works Services - 10 - NPDES Compliance Services Dear Mr. Perez:

Olaunu, LLC is pleased to submit our proposal to support the City of Laguna Beach (City) for On-Call Public Works Services, specifically NPDES Compliance Services. We understand the City is seeking highly qualified consultants who can provide responsive, technically sound, and reliable support aligned with regulatory obligations and operational needs. Olaunu is a company that brings a unique combination of local presence, direct City experience, and exceptional regional regulatory leadership that allows us to deliver immediate value as a seamless extension of City sta . These set us apart in several ways.

Local, South Orange County Based Team
Olaunu is incorporated in California with key team members that live and work in South Orange County. This enables us to provide responsive, in-person support. Our proximity allows us to be available for in person meetings, field needs, and urgent issues without delay, while bringing firsthand understanding of the coastal communities, priorities, and expectations that make Laguna Beach unique.

Prior Experience Leading the City of Laguna Beach NPDES Compliance Program The team brings direct experience managing the City of Laguna Beach NPDES program. Project Manager, Mary Vondrak, previously worked for the City and led the NPDES compliance program. This firsthand knowledge allows us to step in immediately with no learning curve, providing continuity, e ciency, and institutional knowledge.

Active Role Supporting the Lead NPDES Permittee Program Olaunu currently supports the County of Orange lead permittee compliance program for all Orange County municipalities. As advisor and developer of several program components, we understand the broader regional perspectives and can ensure Laguna Beach benefits from a coordinated e ort.

Olaunu is committed to serving as a trusted advisor to the City, providing responsive, high-quality support that gives Laguna Beach peace of mind regarding regulatory compliance, reduced risk, and proactive management of evolving regulatory requirements. We appreciate the opportunity to submit this proposal and look forward to supporting the City of Laguna Beach.

Sincerely, ____________________________ Daniel Apt, President Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 4444000 of 3333555777
City of Laguna Beach 2026-2029 On-Call Public Works Services Proposal Proposal for City of Laguna Beach 2026-2029 On-Call Public Works Services Submitted by Olaunu
PART I

1. Overview and Summary

1.1 UNDERSTANDING
The City of Laguna Beach is one of California’s most recognized coastal communities, with exceptional environmental resources, high public visibility, and a strong commitment to protecting water quality.

Maintaining compliance with municipal stormwater, wastewater, and related environmental regulations in Laguna Beach requires more than technical knowledge of permits and programs. It requires an understanding of the City’s unique geography, aging and modernized infrastructure systems, sensitive receiving waters, public expectations, operational constraints, and the importance of delivering practical solutions in a timely and professional manner.

Olaunu understands that NPDES compliance services must be responsive, flexible, and integrated with City operations. Regulatory requirements continue to evolve, reporting obligations remain complex, and public scrutiny is especially high in a community where beach water quality and environmental stewardship are central to the City’s identity. The City needs an on-call partner capable of stepping in quickly, solving problems efficiently, and supporting staff with seasoned judgment. What distinguishes our team is that we do not approach Laguna Beach as outsiders learning the City for the first time. Our team includes professionals who have directly managed Laguna Beach’s own compliance programs and who understand how to successfully navigate both regulatory obligations and day-to-day municipal realities.

1.2 OLAUNU’S VALUE
Olaunu is prepared to deliver all of the services noted in Attachment 2, number 10 NPDES Compliance Services, of the RFQ. Olaunu offers the City a highly effective alternative to large consulting firms that often rely on multiple layers of management and junior staff. Instead, we provide direct access to senior professionals who can assess issues quickly, communicate clearly, and deliver work products efficiently.

Our team is based nearby in San Clemente, which allows us to be highly responsive for meetings, inspections, emergency support, or coordination with City staff. More importantly, Olaunu brings direct institutional knowledge of Laguna Beach. Our proposed Project Manager previously served as the City’s Senior Water Quality Analyst and was responsible for managing the work under this scope. That experience reduces ramp-up time, improves continuity, and gives the City confidence that assigned personnel understand both the technical requirements and the City’s expectations. Lastly, our team brings broader Orange County and Southern California experience supporting municipalities, counties, and public agencies with permit compliance, inspections, training, water quality programs, stormwater capture planning, and regulatory implementation.

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1.3 COMPANY DATA
Olaunu’s Vendor Information Form is included as Attachment A. 2. Staffing and References

2.1 STAFFING PLAN
To successfully address NPDES Permit Compliance Services, the City will benefit from Olaunu’s specialized experience and local knowledge. The Olaunu team has experience working directly with the City along with all of the other municipalities in the County through work being performed assisting the lead permittee on Regional compliance efforts. Our team will be led by Mary Vondrak, as Project Manager, who has over 22 years of experience in Municipal Stormater NPDES Permit Compliance. She will leverage her extensive knowledge of the City with the support of a team of experts in Green Infrastructure, water quality monitoring, permit negotiations, inspection programs, and reporting. Our project team organization is outlined in the following chart.

2.2 ORGANIZATIONAL CHART

2.3 QUALIFICATIONS AND EXPERIENCE
The following table summarizes our key personnel, proposed roles, and relevant experience that will be dedicated to serving City of Laguna Beach under this contract. Detailed resumes for key staff are included as Attachment B at the end of this proposal.

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NAME / DETAILS ROLE / EXPERIENCE RELEVANT EXPERIENCE
Daniel Apt
CERTIFICATIONS: CPSWQ / CPESC

CESSWI / NGICP
QSD / QISP / ToR
EDUCATION: BA UC Irvine, Political
Science/Social Ecology
MA University of Miami,
Marine Affairs and Policy
Availability: 30%
Principal-in-Charge
Daniel has over 30 years of experience in
stormwater management, green infrastructure
planning, design, and inspection, stormwater
credit programs, regulatory support, workforce
training, and integrated water resources
management. Recent work includes assisting
the City of Anaheim to create a stormwater
credit program for high priority development
projects, working with the City of Avalon to
implement their stormwater compliance
program, and assisting the County of Orange
with their regional watershed planning program.

His experience will provide executive oversight,
assure quality assurance, and client support
throughout the contract term.

City of Avalon Stormwater
Program Management
County of Orange
Watershed Project
Planning
City of Anaheim
Stormwater Credit
Program
Orange County WQMP
Support
City of Laguna Beach Post
Construction WQMP
Inspection Support
Newport Bay TMDL
Strategic Planning and
Reporting
Los Angeles Community
College District
Stormwater Planning and
Design
Mary Vondrak
CERTIFICATIONS: CPSWQ / QSD
EDUCATION: BS University of Arizona,
Ecology & Evolutionary
Biology
MBA University of
Phoenix
Availability: 90%
Project Manager
Mary has over 22 years of California Municipal
NPDES compliance experience. She previously
served as Senior Water Quality Analyst for the
City of Laguna Beach, where she managed
municipal stormwater and wastewater permits,
developed and implemented the City’s
Statewide Trash Order Compliance Plan,
oversaw the Jurisdictional Runoff Management
Program, supported EPA audit activities,
prepared annual reporting materials, and
delivered staff training. Her recent experience
includes managing projects for the County of
Orange under their Green Infrastructure Services
contract to assist field staff with operations and
maintenance of existing facilities, training City of
Laguna Beach municipal staff on NPDES permit
compliance, an acting as project manager for the
Colma Creek Regional Stormwater Trash
Capture engineering design project.

City of Laguna Beach
Municipal Staff Training
City of Laguna Beach
NPDES Annual Reporting
Support
City of Laguna Beach EPA
Audit of NPDES Program
Compliance Support
County of Orange WQMP
O&M Manual Field
Reference Guide Project
County of Orange
Stormwater Basin TMDL
Compliance Evaluation
Colma Creek Regional
Stormwater Trash Capture
Design project
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NAME / DETAILS ROLE / EXPERIENCE RELEVANT EXPERIENCE
Tom Bonigut, PE
CERTIFICATIONS: Professional Engineer
#53961
EDUCATION: BS Civil Engineering,
Cal Poly San Luis Obispo
MPA, CSU Dominguez
Hills
Availability: 30%
Senior Engineer
Tom has more than 30 years of experience
leading municipal stormwater and NPDES
compliance programs both within public
agencies and as a consulting engineer. He
previously managed the City of San Clemente
Clean Ocean Program and more recently has
supported the County of Orange and other
municipalities with stormwater permit regulatory
compliance, capital improvements, and
drainage infrastructure. Tom will provide senior
engineering expertise for structurally engineered
BMPs, WQMP requirements, technical reviews,
and stormwater infrastructure projects.

RMV WQMP Concept
Design
LACCD Stormwater
Capture Planning and
Design
City of Sonoma
Stormwater Engineering
Support
Riverside County BMP
Siting Study
Orange County
Stormwater BMP Retrofit
Study
Paul Hartman (LWA)
CERTIFICATIONS: Laboratory Analyst,
Grade II, CWEA
EDUCATION:

BS Biology, James
Madison University
Availability: 20%
Associate II / Associate Scientist
Paul has more than 27 years of experience in
municipal stormwater, watershed management,
and regulatory compliance throughout
California. Based out of San Diego with LWA, he
has led MS4 permit compliance, TMDL
implementation, watershed planning, and
regulatory strategy for counties, cities, and
regional permittees. His expertise includes
bacteria TMDLs, permit reissuance, monitoring,
and reporting.

County of San Diego
Watershed Protection
Program Support
County of Orange
Integrated Regional Water
Management Program
Support
City of San Diego
Watershed Planning
Support
Rachel Terpstra
Warren (LWA)
CERTIFICATIONS: EIT Cert No 116755
EDUCATION:

BA Biology, Grinnell
MS Engineering,
UC Davis
Availability: 20%
Senior II / Senior Engineer II
Rachel has more than 24 years of experience
supporting municipal stormwater permit
compliance, annual reporting, and program
implementation for permittees throughout
California. She has led annual report
preparation, permit effectiveness assessments,
TMDL reporting, and regulatory compliance
support for cities, counties, and regional
stormwater programs.

Redondo Beach
Stormwater Permit
Support
NPDES Phase II Support for
multiple small agencies
City of Stockton NPDES
Permit Support
City of Hayward NPDES
Permit Support
Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 44444444 of 3333555777

2.3 REFERENCES
In accordance with the RFP requirements, provided here are three reference projects completed within the past five years that demonstrate experience performing similar services for public agencies. These representative projects reflect the relevant qualifications of our proposed key staff and our ability to deliver responsive, high-quality support to the City of Laguna Beach.

COUNTY OF ORANGE

NPDES REGIONAL PERMIT

PROGRAM SUPPORT
2016 - PRESENT

CITY OF AVALON NPDES

PERMIT COMPLIANCE

PROGRAM
2015 - PRESENT

CITY OF LAGUNA BEACH

NPDES PERMIT COMPLIANCE

SUPPORT
2023 - 2025

DESCRIPTION OF SERVICES
Regional permit support for the
County of Orange including
WQMP and hydromodification
program assistance, BMP
inspections, staff training,
development of Low Impact
Development standards, South
OC Hydromodification
Management Plan (HMP)
updates, TMDL implementation
support, and watershed project
planning to improve water
quality and stormwater capture.

DESCRIPTION OF SERVICES
Municipal stormwater permit
compliance support for the City
of Avalon including MS4
NPDES program
implementation, postconstruction BMP program
development, Low Impact
Development (LID) standards
and procedures, inspections,
staff and development
community training, annual
reporting, trash compliance,
illegal discharge support, and
TMDL compliance assistance.

DESCRIPTION OF SERVICES
Municipal NPDES compliance
support for the City of Laguna Beach
including staff training, preparation of
annual report materials for the
County and Regional Water Board,
and technical assistance preparing
and attending an EPA audit of the
City’s stormwater compliance
program.

CLIENT REFERENCE
Grant Sharp
South OC Watershed Manager
County of Orange
(714) 955-0686
[email protected]

CLIENT REFERENCE
Jamie Hmielak
Maintenance Superintendent
City of Avalon
(310) 510-0220 (ext. 123)
[email protected]

CLIENT REFERENCE
Tim Whelan
Water Quality Inspector
City of Laguna Beach
(949) 497-0794
[email protected]
Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 4444555 of 3333555777
505 FOREST AVE. ǚ LAGUNA BEACH, CA 92651 ǚ TEL (949) 497-3311 ǚ FAX (949) 497-0771 DATE: April 13, 2026
TO: ALL BIDDERS SUBMITTING PROPOSALS FOR 2026-2029 ON-CALL

PUBLIC WORKS SERVICES
FROM: CITY OF LAGUNA BEACH, PUBLIC WORKS DEPARTMENT
SUBJECT: A D D E N D U M #1 (9 PAGES)
This Addendum forms a part of the bid documents for the project identified above. All portions of the Request For Proposals not specifically mentioned or otherwise revised by this Addendum remain in full force and effect. Please note the following clarifications and address any necessary changes as part of your Proposal for the above referenced project:

1. Questions from Bidders (8 PAGES):

Included as Attachment A are responses to questions submitted by the posted due date.

RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY SIGNING BELOW AND INSERTING THIS NOTICE IN THE PROPOSAL. FAILURE TO DO SO MAY RENDER YOUR PROPOSAL NON-RESPONSIVE.

CITY OF LAGUNA BEACH
By:

Thomas Perez, City Engineer _______________________________________________________________________________ THIS ADDENDUM HAS BEEN INCORPORATED IN MY PROPOSAL.

COMPANY NAME DATE

BY TITLE
Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 4444666 of 3333555777

PART II
PROPOSED CATEGORY – 10 NPDES COMPLIANCE SERVICES

3. Overview and Understanding
The City of Laguna Beach is a co-permittee under the current San Diego Regional Municipal Separate Storm Sewer System (MS4) Permit issued by the San Diego Regional Water Quality Control Board and is subject to a uniquely complex regulatory environment compared with most jurisdictions in the region. Laguna Beach is distinguished by its extensive coastline, direct ocean discharges, Areas of Special Biological Significance (ASBS), and adjacent Marine Protected Areas (MPAs), all of which elevate the importance of stormwater quality, runoff management, and pollutant prevention. The City is also subject to bacteria Total Maximum Daily Load (TMDL) requirements and ongoing watershed-based compliance obligations intended to protect public health and coastal receiving waters. With the Regional Water Board actively developing the next iteration of the municipal permit, evaluating potential revisions to existing compliance frameworks, and reopening the bacteria TMDL for reconsideration, this is a critical time for Laguna Beach to understand both current obligations and the future regulatory implications for City operations, capital planning, enforcement, and community expectations. Olaunu is exceptionally well positioned to assist the City in navigating these responsibilities by supporting implementation of the current permit while proactively tracking emerging regulatory changes and translating them into practical, cost-effective strategies for continued compliance and environmental stewardship.

Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 4444777 of 3333555777

3.2 ORGANIZATIONAL CHART

3.3 KEY STAFF

NAME / DETAILS ROLE / EXPERIENCE RELEVANT EXPERIENCE
Daniel Apt
CERTIFICATIONS: CPSWQ / CPESC

His experience will provide executive oversight,
assure quality assurance, and client support
throughout the contract term.

City of Avalon Stormwater
Program Management
County of Orange
Watershed Project
Planning
City of Anaheim
Stormwater Credit
Program
Orange County WQMP
Support
City of Laguna Beach Post
Construction WQMP
Inspection Support
Newport Bay TMDL
Strategic Planning and
Reporting
Los Angeles Community
College District
Stormwater Planning and
Design
Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 4444888 of 3333555777
Mary Vondrak
CERTIFICATIONS: CPSWQ / QSD
EDUCATION: BS University of Arizona,
Ecology & Evolutionary
Biology
MBA University of
Phoenix
Availability: 90%
Project Manager
Mary has over 22 years of California Municipal
NPDES compliance experience. She previously
served as Senior Water Quality Analyst for the
City of Laguna Beach, where she managed
municipal stormwater and wastewater permits,
developed and implemented the City’s
Statewide Trash Order Compliance Plan,
oversaw the Jurisdictional Runoff Management
Program, supported EPA audit activities,
prepared annual reporting materials, and
delivered staff training. Her recent experience
includes managing projects for the County of
Orange under their Green Infrastructure
Services contract to assist field staff with
operations and maintenance of existing
facilities, training City of Laguna Beach
municipal staff on NPDES permit compliance,
an acting as project manager for the Colma
Creek Regional Stormwater Trash Capture
engineering design project.

NAME / DETAILS ROLE / EXPERIENCE RELEVANT EXPERIENCE
Tom Bonigut, PE
CERTIFICATIONS: Professional Engineer
#53961
EDUCATION: BS Civil Engineering,
Cal Poly San Luis Obispo
MPA, CSU Dominguez
Hills
Availability: 30%
Senior Engineer
Tom has more than 30 years of experience
leading municipal stormwater and NPDES
compliance programs both within public
agencies and as a consulting engineer. He
previously managed the City of San Clemente
Clean Ocean Program and more recently has
supported the County of Orange and other
municipalities with stormwater permit
regulatory compliance, capital improvements,
and drainage infrastructure. Tom will provide
senior engineering expertise for structurally
engineered BMPs, WQMP requirements,
technical reviews, and stormwater
infrastructure projects.

RMV WQMP Concept
Design
LACCD Stormwater
Capture Planning and
Design
City of Sonoma
Stormwater Engineering
Support
Riverside County BMP
Siting Study
Orange County
Stormwater BMP Retrofit
Study
Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 4444999 of 3333555777
Paul Hartman (LWA)
CERTIFICATIONS: Laboratory Analyst,
Grade II, CWEA
EDUCATION:

BS Biology, James
Madison University
Availability: 20%
Associate II / Associate Scientist
Paul has more than 27 years of experience in
municipal stormwater, watershed management,
and regulatory compliance throughout
California. Based out of San Diego with Larry
Walker Associates, he has led MS4 permit
compliance, TMDL implementation, watershed
planning, and regulatory strategy for counties,
cities, and regional permittees. His expertise
includes bacteria TMDLs, permit reissuance,
monitoring, reporting, and practical compliance
solutions for complex municipal programs.

County of San Diego
Watershed Protection
Program Support
County of Orange
Integrated Regional Water
Management Program
Support
City of San Diego
Watershed Planning
Support
SD Region Permittees
NPDES Permit Support
Rachel Terpstra
Warren (LWA)
CERTIFICATIONS: EIT Cert No 116755
EDUCATION:

Redondo Beach
Stormwater Permit
Support
NPDES Phase II Support
for multiple small agencies
City of Stockton NPDES
Permit Support
City of Hayward NPDES
Permit Support
City of Modesto NPDES
Permit Support

3.4 TECHNICAL APPROACH TO ON-CALL NPDES COMPLIANCE SERVICES Olaunu’s approach to the On-Call NPDES Compliance Services is to function as a seamless extension of City staff. We understand that on-call contracts are most successful when consultants are easy to work with, responsive to changing priorities, and capable of independently advancing projects with minimal administrative burden. Upon receiving a task order request, we will promptly meet with City staff to confirm objectives, scope, schedule, budget, and communication expectations. Olaunu will meet with the City monthly with the goal of providing an update on City specific compliance requirements, upcoming deadlines, and summaries of important updates from the County and Regulators. We prioritize communication, realistic scheduling, and regular coordination with City management so emerging issues can be addressed before they become problems. Additional meetings may be required for communications with regulators, or updates to regulations as they become available. During unplanned emergency conditions, we can rapidly reallocate resources and provide focused support. During reporting seasons, we can shift emphasis toward deliverable production and deadline management. Flexibility is one of the key advantages of an experienced team. In our approach to project management, we understand that the Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 555000 of 3333555777
City needs clear, defensible work products that can withstand regulator review while remaining practical for staff to implement.

Beyond core compliance support, Olaunu can help the City modernize and strengthen program delivery through practical tools such as mobile inspection forms, dashboard summaries for management, preventive maintenance prioritization, and standard operating procedures that improve consistency across departments. Because our team has worked both inside public agencies and as consultants, we understand how to implement improvements that are realistic and sustainable.

3.4.1 Subcommittee Meeting Attendance
The County of Orange, as Lead Permittee, coordinates subcommittee meetings to provide regular forums for engagement on key permit implementation issues. The Olaunu Team will provide comprehensive support to the City of Laguna Beach through active participation in the NPDES-related subcommittee meetings that are critical to regional program implementation and regulatory coordination. Our approach is to serve as both a technical resource and strategic advisor, ensuring the City remains informed, engaged, and well-positioned in regional decision-making processes. Our team will review materials and provide the necessary feedback to the County from the perspective of the City.

All meeting notes and materials will be uploaded to a shared folder for City access. Key information and decision points will be discussed at the monthly meetings with the City.

Mary Vondrak will lead this effort, bringing seven years of direct experience representing the City of Laguna Beach at these same meetings during her tenure as Senior Water Quality Analyst. Through this experience, she developed a deep understanding of the City’s unique priorities, including its coastal setting, hillside constraints, and heightened regulatory exposure due to ASBS and bacteria TMDL requirements. Mary will provide continuity by effectively bridging communication between regional bodies and City staff, advising when issues warrant involvement from specific departments, legal counsel, or executive leadership, and ensuring that City perspectives are clearly and strategically represented.

Olaunu’s strength is further enhanced by its direct involvement at both the municipal and regional levels. Daniel Apt’s ongoing work supporting the County of Orange and advising on countywide stormwater program elements provides valuable insight into the development and direction of regional initiatives, allowing the City to stay ahead of compliance goals and decisions. Additionally, through our partnership with Larry Walker Associates, the team brings advanced regulatory expertise. This capability is especially critical as the Regional Board develops the next MS4 permit iteration and reopens the Beaches and Creeks bacteria TMDL, both of which will significantly impact obligations and costs. The City will benefit from the teams ability to interpret, advise, and advocate for practical, achievable regulatory outcomes.

3.4.3 Support for Development Projects
The Olaunu Team will provide comprehensive support to the City of Laguna Beach for development project review and compliance with NPDES Permit requirements through a structured, end-to-end Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 5551111 of 3333555777
approach that integrates technical review, coordination, and long-term tracking. Our services will include review of Water Quality Management Plans (WQMPs) or Water Pollution Control Plans (WPCPs) for both public and private development projects, beginning at initial project intake and continuing through final building approval and permit closeout. Mary Vondrak will lead this effort, bringing over 13 years of experience managing WQMP processes, including seven years directly overseeing this work for the City of Laguna Beach. She understands the City’s internal workflows and has extensive experience coordinating with the Community Development Department, applicants, and consultants throughout the project lifecycle. The Olaunu Team will review project plans to evaluate whether WQMP requirements apply and provide clear actionable comments to applicants and City staff. We will track project status, coordinate with the City’s WQMP plan check consultant or perform plan checks in-house to verify compliance with MS4 permit requirements. During active construction, we will coordinate with the City’s Water Quality Inspector to ensure structural BMPs are being installed to plan and protected during construction to maintain integrity of the systems. We will verify the WQMPs are recorded with the County before the final permit sign off. Finally, the team will establish and maintain a tracking system for post construction WQMP properties and associated BMPs to support long-term operation and maintenance compliance and provide the City with accessible, organized records that can be produced during future audits. We will coordinate annual communication with the legally responsible parties for public and private development projects and record their maintenance compliance. This information will be provided in the annual report to the Regional Board.

Olaunu has extensive experience with WQMPs. This not only includes experience developing WQMPs for numerous development projects, including those subject to the San Diego Regional MS4 Permit, but also with the plan check of WQMPs and other MS4 Permit post-construction or new and redevelopment requirements. Additionally, Olaunu is a leader and on the forefront of green stormwater infrastructure (GSI), Low Impact Development and stormwater capture systems. Daniel Apt is an expert in the field including GSI, LID, and integrated water planning, design, construction oversight, inspection, monitoring, WQMP and design plan check, maintenance specifications, technical guidance, and training. Tom Bonigut is a California licensed Professional Engineer with expertise in developing and plan checking WQMPs, BMP stormwater retrofits and green infrastructure with extensive experience developing WQMPs and plan checking structural stormwater BMPs. As needed, Olaunu may also provide services as a liaison with regulatory and resource agencies, including the Regional Water Quality Control Board, California Department of Fish and Wildlife, and the Coastal Commission, to support permitting and compliance alignment. Olaunu staff has experience and relationships with each of the above identified resource agencies and will utilize this when coordination is needed with these agencies for the City of Laguna Beach.

3.4.4 Municipal Staff Training and Coordination
Olaunu has substantial experience developing workforce training that is practical, engaging, and tailored to relatable work situations. Whether the topic is BMP maintenance, inspection procedures, spill response, or documentation standards, our goal is to strengthen internal City capability and compliance.

Our approach is to align training with the City’s existing structure, responsibilities, and workflows to Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 5552222 of 3333555777
ensure that staff not only understand regulatory requirements but are equipped to implement them effectively. Mary Vondrak will lead this effort, bringing direct experience training Laguna Beach municipal staff during her tenure with the City. Her familiarity with the City’s departments, staff roles, and operational priorities allows her to tailor training content to specific audiences, whether field inspectors, maintenance staff, planners, or management, ensuring that each group receives relevant, actionable guidance. Because she understands how the City functions and the types of challenges staff encounter, training sessions will focus on NPDES compliance as it relates to real-world scenarios, common compliance issues, and practical solutions that can be implemented immediately. This familiarity also enables seamless coordination across departments, eliminating the learning curve typically associated with onboarding a new consultant and allowing Olaunu to deliver value from the outset. Customized in depth training would be coordinated with the City and conducted annually for targeted departments that have core activities that require knowledge and implementation of NPDES compliance measures and more broadly as an onboarding requirement for new employees.

Olaunu’s training capabilities are further strengthened by the expertise of Daniel Apt, a recognized industry leader and Trainer of Record for the Statewide Construction General Permit, as a certified trainer for the National Green Infrastructure Certification Program (NGICP). Daniel helped to develop the stormwater training program for the County of Orange and was the first California Stormwater Quality Association (CASQA) Training Subcommittee Co-Chair for its first 10 years of its existence. Daniel has trained thousands of municipal staff and industry professionals on stormwater compliance, certification programs, and best practices, bringing a depth of technical knowledge and instructional experience that ensures training is both accurate and engaging. Olaunu is at the forefront of changes to NPDES mandates and regulations and can provide a unique combination of local insight and statewide expertise to keep City staff abreast of the latest regulations and impacts to the City. Our approach ensures that municipal staff are well-informed, coordinated, and prepared to meet the City’s high standards for environmental protection and public service.

3.5.5 Code Enforcement and Spill Response Coordination
When illicit discharges, nuisance flows, spills, or public complaints arise, the City needs to rapidly mobilize to investigate conditions, trace likely sources, document findings, and recommend corrective actions. We recognize that timely response is especially important in Laguna Beach, where environmental incidents can quickly become visible community concerns. The Olaunu Team will support the City of Laguna Beach with a structured, defensible approach to NPDES-related code enforcement coordination and spill response, ensuring all activities are consistent with the City’s Storm Water Management and Urban Runoff Enforcement Response Plan. Our role will focus on coordination, documentation, and compliance oversight to ensure that all incidents are properly tracked, reported, and resolved in accordance with regulatory expectations. Emergency spill response and cleanup will continue to be conducted by City staff and the County of Orange’s 24-hour emergency response personnel while Olaunu will act as a liaison between the City and these responders to ensure alignment with NPDES requirements. Services will include coordination and advisory support for Code Enforcement and Emergency Response staff, documenting incidents, maintaining organized and audit-ready records, Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 5553333 of 3333555777
supporting regulatory reporting, and providing follow-up services to confirm proper cleanup, compliance, and, when necessary, enforcement actions. This approach ensures that spill response efforts are not only effective in the field, but also fully defensible from a regulatory and audit perspective while maintaining fiscal accountability.

Olaunu’s strength in this area is grounded in direct experience. Mary Vondrak previously supervised spill response staff for the City of Laguna Beach and coordinated efforts between City personnel and the County’s emergency response contractors. She has trained and worked closely with emergency responders, marine safety personnel, utilities field staff, and code enforcement officers to ensure consistent and effective responses to water quality incidents. Building on this experience, the Olaunu Team will provide targeted training and ongoing guidance to City emergency, field, and code enforcement staff to strengthen response protocols and ensure alignment with the City’s enforcement framework. Our approach would entail reviewing existing processes and procedures with representatives from each emergency response department to ensure alignment with current standards and compliance protocols. We would ensure clarity for response to spills or discharges and proper procedures were being performed. We would also ensure proper documentation protocols and notifications were being routed to appropriate contacts. Proactive coordination, clear communication, and thorough documentation will allow the City to respond efficiently to incidents while maintaining a high level of regulatory compliance and program defensibility.

3.5.6 Facility Inspections
The Olaunu Team will support the City of Laguna Beach with a coordinated, data-driven approach to commercial, industrial, and municipal facility inspections for both NPDES and FOG compliance. Our role will focus on program management, oversight, and compliance assurance to ensure inspections are conducted consistently, documented properly, and aligned with permit requirements. Olaunu will curate and maintain an annual inspection inventory, prioritize facilities based on risk and regulatory requirements, and track inspection completion and follow-up actions through a robust and intuitive database. Olaunu will provide oversight to the City’s existing FOG and facility inspection consultant, municipal staff, or other agents, to ensure inspections are conducted in conformance with applicable permits and City standards. This includes reviewing inspection results, identifying compliance issues, coordinating with City staff for enforcement actions, and ensuring all activities are well-documented and audit ready. The team has the capability to provide dashboards and reporting tools to give the City clear visibility into inspection status, trends, and compliance outcomes.

For municipal facilities, Olaunu will work closely with existing City field staff to integrate NPDES facility inspection requirements into their current workflows wherever feasible, minimizing disruption while enhancing compliance. For higher priority or more complex municipal facilities, Olaunu can perform inspections directly or provide supplemental support as needed. In addition, Olaunu will either support or perform the City’s annual inspections of public WQMP facilities to verify proper operation and maintenance. Olaunu assisted the City with WQMP inspections, WQMP inspection protocols, and WQMP inspection training in the past. The team can also provide targeted training to City staff on WQMP facility operation and maintenance to strengthen internal capabilities and ensure long-term Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 5554444 of 3333555777
compliance. Olaunu’s strength in this area is grounded in long-standing relationships, program knowledge, and practical implementation experience. Mary Vondrak has worked closely with the City’s FOG inspector for over 13 years and understands how inspection programs integrate across NPDES and wastewater compliance efforts. This continuity allows Olaunu to seamlessly coordinate between inspectors and City staff, ensuring efficient communication, consistent expectations, and effective program management. Where special monitoring studies are required, Olaunu can deploy LWA to perform sampling, receiving water assessments, pollutant source studies, and data interpretation. We can then translate technical findings into clear recommendations, actions, and reporting documents for City use.

3.5.7 Annual Report Preparation
The Olaunu Team will provide comprehensive support for preparation of the City of Laguna Beach’s NPDES Permit Compliance Annual Report through a structured, collaborative, and audit-ready approach.

Our process begins with early coordination across City departments to identify data needs, establish timelines, and ensure consistent tracking of program activities throughout the reporting year. Olaunu will compile, review, and synthesize information from multiple sources including inspections, development review, enforcement actions, public outreach, and WQIP-related activities. These will be drafted into a clear, accurate, and well-organized report that demonstrates compliance with MS4 permit requirements. Emphasis will be placed on ensuring that all documentation is complete, consistent, and aligned with regulatory expectations, while also streamlining the reporting process to reduce the burden on City staff. Our approach ensures that the Annual Report is not only compliant, but also defensible and efficient to produce year after year.

Olaunu’s strength in this area is led by Mary Vondrak, who coordinated the City’s Annual Report for approximately seven years during her tenure with Laguna Beach and has continued to support report preparation as a consultant in recent years. She brings a deep understanding of the City’s program history, past reporting approaches, and the internal coordination required to successfully develop the report. Mary recognizes that the Annual Report is not only a regulatory requirement, but also an opportunity to showcase the City’s accomplishments. The Olaunu Team will highlight areas where the City excels, align reporting themes with City Council priorities, and clearly communicate the value of the City’s programs to both regulators and the community. Olaunu will coordinate to provide data to the County of Orange and the Regional Water Board by the respective reporting deadlines.

4. PROJECT CONTROLS
Olaunu places strong emphasis on accountability. All major deliverables undergo Quality Control reviews prior to submittal to verify technical accuracy, clarity, and consistency with City direction. We believe quality review saves time, protects the City, and reduces avoidable revisions. We understand the importance of staying within authorized budgets. For each task order, we track scope progress, labor utilization, and schedule status so the City receives early notice of any possibility of changing conditions.

Invoices will be timely, transparent, and easy to review. Each invoice will clearly identify task order numbers, staff classifications, hours worked, progress completed, and current status.

Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 555555 of 3333555777
Olaunu offers City of Laguna Beach a rare combination of direct City experience, regional regulatory expertise, engineering capability, and highly responsive local service. We understand the City’s standards, the importance of protecting its beaches and coastal waters, and the need to make staff successful through practical support. We would value the opportunity to continue serving Laguna Beach and to provide dependable, high-quality NPDES compliance services throughout the contract term.

Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 555666 of 3333555777
Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 555777 of 3333555777
Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 555888 of 3333555777
DANIEL A. APT

PRESIDENT
Founder and president of Olaunu, a
small environmental consulting firm
focused on stormwater management
and green infrastructure. Mr. Apt is a
recognized stormwater quality and
green infrastructure expert and
professional with more than 30 years
of experience in the consulting,
regulatory, academic, monitoring,
and non-profit sectors. Mr. Apt specializes in Green Infrastructure (GI), Low Impact Development (LID), stormwater capture and use, WQMPs, and watershed and integrated water and stormwater credits, including planning, design, construction oversight, inspection, monitoring, plan check, maintenance specifications, technical guidance, training, community outreach, asset management, and grant writing.

City of Avalon Municipal Stormwater Compliance Assistance – Project Manager. Responsible for assisting the City of Avalon with municipal stormwater compliance for the Small MS4 Permit including creation of a post-construction stormwater program including technical guidance, standard LID plans and specifications, plan check review procedures, inspection procedures, plan check training, and public/development community post-construction training. Mr. Apt has assisted with all aspects of the City’s MS4 compliance including pollution prevention, IDIC, construction program, trash compliance, storm drain assessments, annual reporting, TMDL compliance, inspections, and training.

City of Laguna Beach Post Construction Inspections, Guidance and Training. Project Manager. The project included assisting the City with meeting its MS4 permit requirements related to inspection of post-construction BMPs. The project also developing post-construction inspection forms for projects during and after construction, performing structural stormwater BMP maintenance verification and inspections for the high priority PDPs, and the development and provision of training for the City regarding structural BMPs and the process of how they should be inspected. The project also included developing protocols for before and during inspections and use and evaluation of Orange County Stormwater Tools.

Orange County Water Quality Management Plan Assistance – Olaunu assisted the County of Orange with WQMP and hydromodification help desk support, performing WQMP and BMP inspections, developing standard LID design plans, postconstruction BMP inspection training, WQMP and HMP training, and developing and updating the South OC HMP. Olaunu has also developed numerous WQMPs for private development in Orange County including Rancho Mission Viejo.

County of Orange Watershed Project Planning - Orange County, CA – Project Manager. Olaunu is currently and has been assisting OC Public Works with the planning, evaluation, and concept design of potential projects to improve watershed health and water supplies in north and south Orange County. Mr. Apt is leading two different consultant teams on development of stormwater capture and green infrastructure projects including identification of potential locations for projects, development of concept designs for stormwater capture and green infrastructure projects including stormwater parks, cost estimation, watershed modeling, project prioritization, developing of alternative delivery and funding approaches for projects, pursuit of grant funding opportunities, and coordinating with multiple potential project partners.

Additionally, Mr. Apt has assisted the County with leading development of the Orange County Stormwater CIP, which is a comprehensive new approach to the planning, delivery, management, and funding of stormwater capture projects in Orange County. The Orange County Watershed project planning includes efforts for North OC and South OC as described:

Contact: [email protected] | (949) 449-7980
Years of Experience: 31
Licenses/Certifications:

CPSWQ, 2006, 187
CPESC, 2006, 3754
QSD, California, 2010, 00003
QSP, California, 2010, 00003
QISP, California, 2017, 00615
NGICP, 2023, 1670
CGP ToR, 2017
NGICP Trainer, 2017
Education:

B.A., 1993, University of California Irvine
M.A., 2000, University of Miami
Professional Affiliations:

Stormwater Credit Think Tank Founder and CoChair – 2023-present California Stormwater Quality Association:

Chair – Board of Directors 01/18- 01/20
Vice Chair - Board of Directors 01/16 – 01/18
EPC Chair – Board of Directors – 01/15 – 01/16
Training Subcommittee Co-Chair 01/07-07/16
Developer/Co-Lead California Low Impact
Development Webportal 02/08 – Present
Funding Subcommittee Co-Chair 12/20-12/24
SWRCB Construction General Permit Training
Team Co-Chair 2008-Present
SWRCB STORMS Implementation Committee
2018-Present
NGICP Certification Committee Chair 2021-
Present
Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 555999 of 3333555777
North Orange County Watershed Improvement Projects Subcommittee - Project Manager. Mr. Apt is currently and has been assisting OC Public Works with the Watershed Improvement Projects Subcommittee (WIPS) since its formation in 2018. The Watershed Improvement Projects Subcommittee (WIPS) oversees the planning and evaluation of watershed improvement projects for North Orange County. The focus of WIPS is on identification, evaluation, and implementation of projects that improve water quality and watershed health as well as achieve multiple benefits, such as augmenting water supply through the capture and use of stormwater and dry weather runoff. Mr. Apt is assisting OC Public Works with identification, evaluation, coordination of stakeholders, and development of funding strategies and pursuit of funding, for projects that improve water quality and watershed health as well as achieve multiple benefits, such as augmenting water supply through the capture and use of stormwater and dry weather runoff. The project includes the evaluation of potential projects using water quality modeling and the development of cost estimates for capital and operation and maintenance costs.

Coordination has included coordination and meeting facilitation with all of the North OC cities and with outside agencies and organizations including Orange County Water District, Orange County Sanitation, and Southern California Edison.

South Orange County Watershed Project Planning - Project Manager. Mr. Apt is currently and has been assisting the OC Public Works with the planning, evaluation, and concept design of potential projects to improve watershed health, water quality, and water supplies in south Orange County. In November of 2021, OCPW, began an initiative for watershed project planning in South Orange County to help try to meet the goals of the Water Quality Improvement Plan (WQIP) with a focus on the coordination and development of structural watershed projects in South Orange County. The approach includes implementing a collaborative, stakeholder-driven approach to planning, evaluating, and funding of structural watershed projects in south Orange County. These efforts involve ongoing coordination with multiple agencies including other water sectors to explore partnership opportunities and achieve multiple benefits. Mr. Apt is assisting OC Public Works as project manager of this watershed project planning effort including identification of potential locations for structural watershed projects, development of concept design for projects, project prioritization, developing of alternative delivery and funding approaches for projects, grant funding pursuits for projects, evaluation of consulting team work products, coordinating with multiple potential project partners including scheduling and facilitation of meetings with the South OC cities, other County departments, and water districts in South OC, and attendance to potential project partner meetings and workshops.

City of Anaheim Stormwater Credit Program. Consultant. Olaunu and GSI assisted development of a comprehensive stormwater credit program for post-construction stormwater controls for the City of Anaheim. The project which began in 2017, is intended to provide an approach for the implementation of new regional stormwater retention projects and maximize the areas managed by regional BMPs in place of onsite structural BMPs associated with the New Development/ Redevelopment projects. The project includes developing how credits can be generated by regional stormwater retention based projects by the City. The project has included the evaluation of other stormwater credit programs in other parts of the nation, development of a regulatory framework, credit program benefits, program need, the process for credit development, program administration and oversight, credit eligibility requirements, credit generator and user oversight, credit valuation and tracking, program coordination and integration, the development of the stormwater credit program document, coordination with the Regional Water Quality Control Board, developing presentations about the Stormwater Credit Program, and assisting the City with review and providing comments and presentations regarding the draft Santa An Regional MS4 Permit and associated stormwater credit program language.

Newport Bay TMDLs Assistance – Orange County - Consultant. Mr. Apt has assisted the County of Orange with the implementation and reporting of TMDLs for Newport Bay. This has included assistance developing the Newport Bay Selenium TMDL, development of the Selenium TMDL BMP Strategic Plan, updates to the Selenium Offset & Trading Program, research on BMPs for compliance with the Newport Bay Nutrients TMDL and Se TMDL, assistance with Nitrogen Selenium Management Program (NSMP), and assistance with an engineering feasibility analysis for stormwater and dry weather runoff capture projects at the coastal discharge points of the Newport Dunes, East Costa Mesa Channel, and Santa Isabel Channel sub-watersheds to assist with the Newport Bay Bacteria TMDL TSO.

Los Angeles Community College District (LACCD) Stormwater Capture Planning and Design Assistance - Project Manager.

LACCD is implementing stormwater and green infrastructure projects for its nine campuses located in Los Angeles County, California. Olaunu is assisting LACCD with identification, planning, design, design oversight, construction oversight, operations and maintenance guidance and training, and grant applications of stormwater projects at each of the nine colleges. Olaunu has completed to date planning and concept designs of fifty-nine stormwater projects. Olaunu developed grant funding applications, being successful with the award of over $10 Million for two LACCD stormwater projects.

Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 666000 of 3333555777
Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 6661111 of 3333555777
TOM BONIGUT, P.E.

SENIOR ENGINEER
Mr. Bonigut has over 30 years of
primarily public agency and
some private sector experience.

He is a public works executive
management professional that
has led technical,
administrative, and skilled
trades professionals to develop
and deliver numerous projects,
programs and services. Mr. Bonigut has developed expertise in the following areas: BMP stormwater retrofits, green infrastructure, capital project & program management; strategic planning; community & government relations; consensus building; policy & procedure development; budget development & administration; grants management; citizen engagement; contract negotiation & administration; and staff development and training.

Rancho Mission Viejo Planning Area 3.5 & 3.6 Rough Grade Water Quality Management Plans (WQMP) and Concept Design. Senior Engineer. Olaunu assisted Rancho Mission Viejo with the development of Water Quality Management Plans for its Planning Area 3.5 and 3.6. Scope of the projects included sizing and conceptual design of a biofiltration basins for the development; development of the Water Quality Management Plans including project descriptions, site and watershed characterization, development of site plans and drainage plans, description of the Low Impact Development (LID) and hydromodification systems for each drainage management area of the development, development of WQMP exhibits, and development of an operations and maintenance plan for the biofiltration basin for the development. The projects also included coordination with OC Community Development Services who reviewed the WQMP for MS4 compliance. Both the Rancho Mission Viejo Planning Area 3.5 & 3.6 WQMPs were approved by OC Community Development Services with minimal comments.

Legacy Ranch at the Northwest Open Space Preliminary WQMP Senior Engineer. Olaunu assisted the Legacy Ranch Partners, LLC with the development of a Preliminary Water Quality Management Plans for the Legacy Ranch development at the City of San Juan Capistrano Northwest Open Space. Scope of the project included sizing and conceptual design of bioretention basins for the development; development of the Water Quality Management Plan including project descriptions, site and watershed characterization, development of site plans and drainage plans, description of the Low Impact Development (LID) and hydromodification systems for each drainage management area of the development, development of WQMP exhibits, and hydromodification modeling using the South Orange County Hydrology Model.

Los Angeles Community College District (LACCD) Stormwater Capture Planning and Design Assistance. Senior Engineer. As part of the Olaunu team, Mr. Bonigut provides assistance for the Los Angeles Community College District (LACCD) to evaluate implementation of stormwater management projects for its nine campuses located in Los Angeles County, California. This includes support with identification, planning, and design of stormwater capture and green infrastructure projects at each of the nine colleges consisting of preliminary structural stormwater systems locations, sizing and cost estimating. Concept designs were developed, and conceptual design reports were developed to include a project description, project regulatory requirements, a project schedule, a detailed project scope of work, design criteria consisting of structural storm water measure type, sizing of the structural storm water measures, and an engineer’s cost estimate. Mr.

Bonigut also provides QA/QC and plan check of stormwater capture and green infrastructure plans and specifications.

City of Sonoma Engineering Management Support Services . Senior Engineer. Mr. Bonigut is providing engineering management assistance to the City of Sonoma. The assistance includes review and providing comments of development permit applications, assistance with grant applications for City projects and grant management support, assistance in development of Request For Proposals for City projects and assistance with evaluation of proposals, and providing City budget preparation support.

Contact: [email protected] | (949) 370-8222
Years of Experience: 34
Licenses/Certifications:

Professional Engineer (Civil), CA #53961
Education:

B.S., 1991, Civil Engineering, California Polytechnic
State University, San Luis Obispo
M.P.A., 2015, California State University,
Dominguez Hills
Professional Affiliation:

American Public Works Association (APWA)
Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 6662222 of 3333555777
Riverside County BMP Siting Study. Project Manager. Mr. Bonigut managed a study for the Riverside County Flood Control District to identify and prioritize BMP technologies and potential sites suitable for retrofitting with structural BMPs in urbanized areas. A GIS-based system was developed as the tool to identify and evaluate potential BMP water quality retrofit sites. Sites were prioritized based on receiving water quality, constituents of concern and tributary area served. The outcome of the BMP siting study was a presentation and explanation of a logical, iterative process used to develop a list of sites in the County where there appeared to be opportunities to further pursue regional projects for water quality improvement.

Orange County Stormwater BMP Retrofit Study. Project Manager. Mr. Bonigut managed a study for the Orange County Stormwater Program to provide support in identification of water quality BMP retrofitting opportunities for stormwater capture projects within 13 watersheds within public infrastructure including existing flood control facilities (channels, basins, public right-of-way). BMPs evaluated included extended detention basins, sand filters, constructed wetlands, biofilters, and other proprietary devices. Mr. Bonigut also assisted the County of Orange in the development and implementation of the countywide storm water program involving two National Pollutant Discharge Elimination System (NPDES) permits. Tasks included: planning, conceptual design of green infrastructure and/or other stormwater systems within flood-control facilities; evaluation of measures to reduce impact of runoff on receiving waters; evaluation of BMP effectiveness; development of dry weather diversion plans; and revisions to the Orange County Drainage Area Management Plan (DAMP).

Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 6663333 of 3333555777
A. BRAD PARKS, PE

PROJECT ENGINEER
Mr. Brad Parks is an
environmental engineer and
oceanographic scientist with 22
years of experience in the
environmental science fields,
working on behalf of both
government, private and nongovernmental organizational clients in the US and abroad. He has collected, analyzed, modeled, and presented data to support infrastructure planning, engineering designs, ecological and human health risk assessments, remedial investigations and feasibility studies (RI/FSs), and natural resource damage assessments (NRDAs). His areas of specialization also include LID and green infrastructure planning, GIS BMP retrofit location analysis, design, hydromodification and erosion analysis, in addition to coastal and oceanic processes.

Stormwater Park Engineering Design, Kitsap County, WA. Design Engineer. Puget Sound Regional Council funded development of 30% level stormwater park designs as part of an initiative to improve water quality in 2023. Working on behalf of the County, developed three stormwater park concepts which were utilized to facilitate an open public engagement where members of the neighboring community could provide feedback. The resulting design provided multiple benefits based on that public outreach and incorporated amenities such as picnic shelters, walking trails, open green space, pollinator gardens, public parking, walking and bike access, and educational signage while protecting the maximum number of existing trees possible. These amenities were provided in addition to two bioretention basins designed in series with a decorative concrete channel which allows for public viewing of the system in action.

Stormwater Park Engineering Design, City of Puyallup, WA. Design Engineer. Puget Sound Regional Council funded development of 30% level stormwater park designs as part of an initiative to improve water quality in 2023. Working on behalf of the City, incorporated public safety concerns related to parking and City park closure into the development of a series of bioretention bulb-outs and a large bioretention basin for the treatment of stormwater from the Wildwood Park roadways and the adjacent, upgradient public roadways and neighborhoods which presently are untreated.

Los Angeles Community College District (LACCD) Stormwater Capture Planning and Design Assistance. Project Engineer.

LACCD is implementing stormwater and green infrastructure projects for its nine campuses located in Los Angeles County, CA. Olaunu is assisting LACCD with identification, planning, design, design oversight, construction oversight, operations and maintenance guidance and training, and grant applications of stormwater projects at each of the nine colleges. Olaunu has completed to date planning and concept designs of fifty-nine (59) stormwater projects.

Garvey Unified School District Green Infrastructure Feasibility & Design, LA County – Design Engineer. Olaunu assisted the Council for Watershed Health in the development of green infrastructure feasibility analysis and 30% designs for Garvey Unified School District. Work has included coordination and site visits, development of GI concept plans, 30% design plans, an opinion of probable cost including project design and construction cost and annual operation and maintenance (O&M) costs, an estimated water quality cost-benefit analysis, and the development of a technical report summarizing the project.

Contact: [email protected] | (949) 550-4010
Years of Experience: 23
Licenses/Certifications:

Certified Professional Engineer (Environmental),
Maryland, 2012, 42395
Hazardous Waste Operations and Emergency
Response 40-Hour Certification, 2002
Hazardous Waste Operations and Emergency
Response 8-Hour Refresher, 2014
Education:

B.S., 2002, Pennsylvania State University
Environmental Systems Engineering
M.S., 2008, University of Miami
Physical Oceanography
Experience:

Olaunu, 2016-present
Integral Consulting SpA, 2014-2016
Integral Consulting Inc., 2009-2014
University of Miami, 2004-2008
Integral Consulting, 2003
Professional Affiliations:

American Geophysical Union
California Stormwater Quality Association
American Society of Civil Engineers
Peer Reviews:

Integrated Environmental Assessment and
Management, 2012 – Present
Deep Sea Research, 2015 – Present
Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 6664444 of 3333555777
Orange County Conservation Corps – Green Infrastructure Training, Design, & Construction, Orange County - Project Engineer. Olaunu is assisting the Orange County Conservation Corps with providing National Green Infrastructure Certification (NGICP) training consisting of weeklong training cohorts to train Corps members on the proper construction and maintenance of green infrastructure systems. As part of this project Olaunu developed designs for implementation of two bioretention systems in the OCCC parking lots and will be overseeing construction of the bioretention systems.

Legacy Ranch at the Northwest Open Space Preliminary WQMP Project Engineer. Olaunu assisted the Legacy Ranch Partners, LLC with the development of a Preliminary Water Quality Management Plans for the Legacy Ranch development at the City of San Juan Capistrano Northwest Open Space. Scope of the project included sizing and conceptual design of bioretention basins for the development; development of the Water Quality Management Plan including project descriptions, site and watershed characterization, development of site plans and drainage plans, description of the Low Impact Development (LID) and hydromodification systems for each drainage management area of the development, development of WQMP exhibits, and hydromodification modeling using the South Orange County Hydrology Model.

Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 666555 of 3333555777
Project Experience
Paul Hartman
Associate Scientist
Professional Experience
Mr. Hartman is an Associate Scientist serving as a Project Manager in stormwater and watershed management, and as the Regional Office Manager for LWA’s San Diego Office.

His experience in water quality and regulation has focused on the development and implementation of cost-effective, compliant municipal stormwater and watershed programs across California, including support in TMDL development, implementation, compliance evaluations, and new regulatory policies. An early career in the wastewater sector, coupled with extensive watershed planning and implementation experience, provides Mr. Hartman with a broad, cross-disciplinary perspective on watershed management, fostering forwardthinking solutions to our most pressing challenges.

Watershed Protection Program Regulatory and Technical Support. 2013 – Present.

County of San Diego, CA.

Project Manager providing on-call regulatory and technical support for the County of San Diego’s Watershed Protection Program. Recent support has been focused on the development of a Reasonable Assurance Demonstration for compliance with the bacteria TMDL during wet weather, development of an alternative approach to compliance with receiving water limitations through Provision B.3.c of the MS4 Permit (Prohibitions and Limitations Compliance Option), evaluation of TMDL compliance at the San Luis Rey River Mouth, evaluation of proposed Biological Objectives for the San Diego Region and strategic planning, cost assessments to comply with the Statewide Trash Amendments, and development of a Fact Sheet summarizing the recently completed Surfer Health Study.

Integrated Regional Water Management (IRWM) Program Support, County of Orange. 2019-2020. Orange County, CA.

Currently supporting the Orange County Watersheds Program as they lead the IRWM Program for South Orange County. Leading development of application materials for stakeholders for the 2019 Proposition 1 IRWM Implementation Grant Solicitation. Supported stakeholders in preparation/attendance at a workshop with the Department of Water Resources to discuss proposed projects, specifically developed to implement water conservation, recycling, and urban runoff diversion.

Stormwater Department, Watershed Planning Strategic and Regulatory Support, 2013-Present. City of San Diego, CA.

Project Manager providing on-call program and regulatory support for the City of San Diego’s Transportation and Stormwater Program. Current efforts include development and implementation of a Compliance Strategy for the Stormwater Department. Under the umbrella of the Compliance Strategy, currently leading MS4 Permit re-issuance efforts for the Department, including permit provisions related to Monitoring and Assessment, Reporting, and the Bacteria TMDL.

MS4 Permit Re-issuance Support, San Diego Region Permittees, 2021 - Present. San Diego, CA.

Project Manager leading MS4 Permit re-issuance efforts for the Regional Program Planning Subcommittee, including the 39 Permittees in Orange, Riverside, and San Diego Counties.

Initial priorities were based on the Report of Waste Discharge. Significant recent efforts include preparing for and leading discussions with technical teams of Permittees and with San Diego Water Board staff related to WQIP, monitoring, assessment, and reporting provisions in the current MS4 Permit.

Education
B.S., Biology, 1995, James
Madison University,
Harrisonburg, VA
Years of Experience
With LWA: 13
With Other Firms: 14
Professional Affiliations
Member, California
Stormwater Quality
Association
Member, California Water
Environment Association
Member, Water Environment
Federation
Registrations
Laboratory Analyst, Grade II,
California Water
Environment Association
Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 666666 of 3333555777
Project Experience
Rachel Terpstra Warren
Senior Engineer II
Professional Experience
Ms. Warren is a Senior Engineer II at Larry Walker Associates with broad experience across multiple water quality service areas and deep expertise in the development, implementation, and effectiveness assessment of Phase I and Phase II municipal stormwater management programs. She excels in managing annual report preparation for both Phase I and Phase II stormwater permittees, coordinating closely with clients and leading staff to develop report components, compile supporting data, conduct effectiveness assessments, and deliver final submittals. Since 2013, she has also supported more than 30 Phase II clients in meeting permit requirements across all aspects of stormwater program implementation.

Representative projects are presented below.

Stormwater Management Program Implementation Assistance, City of Redondo Beach. 2015-Present. Redondo Beach, CA.

Task lead responsible for program implementation support, including, but not limited to, annual report preparation and submittal via the Los Angeles County Watershed Reporting Adaptive Management & Planning System (WRAMPS2).

Phase II Stormwater Assistance, Multiple Clients. 2013-Present. CA (Statewide).

Project Manager and Assistant Project Manager providing client support for 2013 Phase II Small Municipal Separate Storm Sewer System (MS4) General Permit implementation, including, but not limited to, the Cities of Benicia, Davis, Grass Valley, Lincoln, Manteca, West Sacramento, and Yuba City; Butte County; Marin County Stormwater Pollution Prevention Program (MCSTOPPP); and Napa Countywide Stormwater Pollution Prevention Program (NCSPPP). Developed Program Effectiveness Assessment and Improvement Plans (PEAIPs), annual Effectiveness Assessment (EA) Reports, and combined, annual Total Maximum Daily Load (TMDL) Implementation Status and EA Reports. Provided annual reporting guidance and support for Stormwater Multiple Application and Report Tracking System (SMARTS).

National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Program Assistance, City of Stockton and County of San Joaquin. 2005-Present.

Stockton, CA.

Assistant Project Manager responsible for development and submittal of compliance documents, including Reports of Waste Discharge, Stormwater Management Plans, Work Plans, Annual Reports, and program effectiveness assessments.

Municipal Regional Permit Support Services, Alameda Countywide Clean Water Program (ACCWP). 2022-Present. Hayward, CA.

Ms. Warren coordinates the regional project team updating the Permittees’ annual reporting forms for consistency with Municipal Regional Permit requirements. She also manages preparation of the Program’s annual reports, collaborating with multiple subcommittee facilitators and leading staff to obtain information needed to complete and ensure high quality report deliverables for Management Committee review and approval.

NPDES Municipal Stormwater Program Assistance, City of Modesto. 2022-Present.

Modesto, CA.

Assistant Project Manager responsible for coordinating development and submittal of the City’s NPDES stormwater Annual Reports. Developed a robust data request and tracking tool aligned with the Stormwater Management Plan to facilitate completion of these reports.

Education
M.S., Civil and
Environmental Engineering,
2005,
University of California,
Davis
B.A., Biology, 1997,
Grinnell College,
Grinnell, IA
The School for Field Studies,
1996, Center for Rainforest
Studies, Yungaburra,
Queensland, Australia
Years of Experience
With LWA: 22
With Other Firms: 2
Professional Affiliations
Session Co-Chair,
“Emerging Contaminants:

Regulatory Landscape.”
CWEA 2012 Pretreatment,
Pollution Prevention, and
Stormwater (P3S)
Conference
Session Chair,
“Pretreatment Topics.”
CWEA 2007 P3S
Conference
Member, CASQA,
2006 – Present
Member, Effectiveness
Assessment and Phase II
Sub-Committees, CASQA
Registrations
Engineer-in-Training
Certificate, No. EIT 116755
Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 666777 of 3333555777
Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"

SCHEDULE OF SERVICES
Services to be provided based on detailed Task Orders awarded to Consultant during the term of this Agreement.

Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 666888 of 3333555777
Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "C"

COMPENSATION
The Consultant shall be compensated in accordance with the Fee Proposal / Pricing Sheet dated April 24, 2026, which is attached hereto and incorporated herein by reference.

Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 666999 of 3333555777
Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 777000 of 3333555777
Docusign Envelope ID: 78624AA1-A273-8139-8100-DA2AB832615C 7771111 of 3333555777

STAFF REPORT
Meeting Date:

September 22, 2026

CONSENT

CALENDAR
12 SUBJECT: AWARD OF TASK ORDER FOR ALISO CREEK BERM MAINTENANCE

MONITORING SERVICES
RECOMMENDATION: It is recommended that the City Council:

1. Authorize the City Manager to approve a task order with ECORP Consulting, Inc. for biological monitoring, water quality sampling, reporting, and permit compliance services for Aliso Creek Outlet Maintenance in an amount not-to-exceed $102,610;

2. Approve the transfer of $26,743 from the NPDES Storm Water Permit account (Account No. 110- 3136-72037) into the Contractual Services account (Account No. 110-3136-55036) to consolidate Public Works operating budget for this task, and authorize the remaining $115,457 in the NPDES Storm Water Permit account to remain available; and

3. Find that the services are exempt under CEQA pursuant to CEQA Guidelines Section 15308.

SUMMARY OF THE MATTER
The City conducts recurring maintenance of the sand berm at the Aliso Creek outlet to maintain the creek outlet and protect public access and recreational use of Aliso Beach. Because the maintenance activities occur within and adjacent to sensitive coastal habitat and waters, the City must comply with biological resource protection and water quality requirements established by federal and state regulatory agencies. To ensure compliance, staff recommends the award of a task order to ECORP Consulting, Inc. in the amount of $102,610.

DISCUSSION
The Aliso Creek outlet requires routine maintenance to clear accumulated sand, prevent localized flooding, and maintain natural water flow into the Pacific Ocean. Standard maintenance work includes excavating the sand berm, re-locating sand above the high-tide line, and grading the surrounding beach area. Work is performed on a regular schedule, consisting of:
• Semi-Annual Maintenance: Primary clearing activities conducted prior to the winter wet season and ahead of the busy summer beach season.
• As-Needed Maintenance: Up to two minor clearing activities each month to maintain proper creek discharge.

Because Aliso Beach is an ecologically sensitive coastal ecosystem, these operations are governed by federal and state resource agencies, including the U.S. Army Corps of Engineers (Section 404 Permit), the Regional Water Quality Control Board (Section 401 Permit), and the U.S. Fish and Wildlife Service. To stay in compliance with these permits, the City must conduct specialized biological monitoring and water quality testing before, during, and after any sand movement to safeguard local wildlife. 1111 of 3333777000

AWARD OF TASK ORDER FOR ALISO CREEK BERM MAINTENANCE MONITORING

SERVICES
September 22, 2026

Page 2 of 3 ends

To secure these required professional services, the City solicited proposals from six pre-qualified on-call environmental consultants: BKF, CJ Biomonitoring, Dokken, Dudek, ECORP Consulting, Inc., and LSA.

Following a review of the submissions staff identified ECORP Consulting, Inc. (ECORP) as the highestrated firm.

Under the proposed task order, ECORP will perform three key services:
• Task 1: Project Management & Permit Compliance:

Program management, agency coordination, and general compliance tracking. • Task 2: Environmental & Water Quality Services:

Pre-activity surveys for nesting birds, western snowy plovers, and California least terns; seasonal grunion spawning surveys (March 1 – August 31); active on-site biological monitoring during all excavation and grading; and pre- and post-maintenance water quality sampling and lab coordination. • Task 3: Annual Regulatory Reporting:

Documenting field observations and compiling mandatory annual compliance reports for state and federal regulatory agencies.

Work will be performed under ECORP’s 2026–2029 Master Consultant Services Agreement. Based on the anticipated maintenance schedule for the remaining fiscal year, staff recommends awarding the task order in a total amount not to exceed $102,610.

FINANCIAL ANALYSIS
The total cost for the remaining fiscal year of environmental maintenance monitoring services is $102,610.

Sufficient funding is available within the Public Works Operating Budget by utilizing existing appropriations in both the Contractual Services Account (Account No. 110-3136-55036) and the NPDES Storm Water Permit Account (Account No. 110-3136-72037). The Contractual Services account holds $272,000, of which $196,133 is anticipated to be encumbered for NPDES Compliance Services, leaving an unencumbered balance of $75,867. To cover the remaining $26,743 needed for this task order, staff recommends a budget transfer of $26,743 from the NPDES Storm Water Permit account into the Contractual Services account. This transfer will fully fund the $102,610 contract within the Contractual Services account, while leaving $115,457 in the NPDES Storm Water Permit account for future program needs. This administrative adjustment requires no additional appropriation and results in no net increase to the General Fund or overall Public Works budget.

ENVIRONMENTAL ANALYSIS
Biological monitoring, water quality sampling, reporting, and permit compliance services for the Aliso Creek Outlet Maintenance is an action taken to assure the maintenance, restoration, enhancement, or protection of the environment and is thus exempt under CEQA Guidelines Section 15308. 2222 of 3333777000

AWARD OF TASK ORDER FOR ALISO CREEK BERM MAINTENANCE MONITORING

SERVICES
September 22, 2026

Page 3 of 3 ends

ATTACHMENTS

1. ECORP Proposal
Submitted By: Thomas Perez Approved: .David A Kiff
Thomas Perez, Acting Director of
Public Works & Utilities
Dave Kiff, City Manager
Report Prepared By: Coordinated With:

Tran Tran, Assistant City Engineer Thomas Perez, Acting Director of Public Works & Utilities
3333 of 3333777000
111 Academy Way Ste 210 ● Irvine, CA 92617 ● Tel: (714) 648-0630 ● Fax: (714) 648-0935 ● www.ecorpconsulting.com July 8, 2026
(P23-181.06)
Thomas Perez
City Engineer
City of Laguna Beach, Public Works
505 Forest Avenue
Laguna Beach, CA 92651
Via email: [email protected]
Subject: Proposal to Provide Biological Services and Permit Compliance for the Aliso Creek Outlet Maintenance Project in the City of Laguna Beach, Orange County Dear Mr. Perez:

ECORP Consulting, Inc. (ECORP) is pleased to provide this proposal for the Aliso Creek Outlet Monitoring Project (Project) located in the City of Laguna Beach (City).

The contents of our proposal address each of the requirements; permit compliance assistance, biological studies and monitoring for special status species, and water quality sampling based upon the resource agency permits:
 U.S. Army Corps of Engineers (Corps) Permit No. SPL-2024-00266 Section 404 for the Clean Water Act.
 Regional Water Quality Control Board (RWQCB) 401 Water Quality Certification Order No. R9-2024-0073 for Clean Water Act Section 401 Water Quality Certification and Waste Discharge Requirements Order No. 2003-0017-DWQ.
 U.S. Fish and Wildlife Service (USFWS) Formal Section 7 Biological Opinion (BO) FWS2024-0103755-S7-I-001-OR.

The Scope of Work and Cost Estimate below provides the technical approach for the scope of services as described in the RFP.

PROJECT UNDERSTANDING
The Project will occur at the terminus of Aliso Creek where it connects with the Pacific Ocean in Orange County, California. Specifically, the Ocean outlet is located on Aliso Beach at approximately

33.51056, -117.751940.

Based on our understanding, the Project will consist of recurring maintenance activities at the Aliso Creek Outlet and will include both semi-annual and minor/as needed maintenance events. The semiannual outlet maintenance events will be conducted before the wet season (fall), and prior to the summer season (spring). These maintenance activities will typically include excavation of the sand berm formed at the terminus of the creek, the placement of all excavated material onto the beach above the high tide line, and subsequent grading to prepare the adjacent beach area for recreational 4444 of 3333777000
Mr. Thomas Perez (P23-181.06)
July 8, 2026

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111 Academy Way Ste 210 ● Irvine, CA 92617 ● Tel: (714) 648-0630 ● Fax: (714) 648-0935 ● www.ecorpconsulting.com use. The creek outlet would be subject to inspections by the City to determine when maintenance activities will be necessary. The Clean Water Act Section 401 Water Quality Certification (R9-2024- 0073), issued on May 1, 2024, specifies avoidance and minimization measures for the project. In addition, there are special conditions outlined in the 404 permit SPL-2024-00266 and Biological Opinion (2024-0103755-S7-I-001-OR) from the Carlsbad Fish and Wildlife Office, dated July 12, 2024, required for the protection of threatened and endangered species including the avoidance and minimization of potential impacts to grunion spawning areas in accordance with established CDFW protocols.

SCOPE OF WORK
Task 1 – Project Management and Permit Compliance
ECORP will provide project management and permit compliance assistance to the City prior to and during the Aliso Creek Outlet maintenance events. These services will include but are not limited to the following tasks:
 ECORP will assist the City, by providing qualified biologists approved by USFWS prior to the initiation of maintenance activities, who will serve as the Project biologists for the monitoring and reporting elements of this scope of work. Obtaining approvals for the project biologists is a resource agency permit requirement.  ECORP will submit a list of biologists to the resources agencies for approval to provide the services required by the project permits. ECORP will include two-page resumes for each biologist, summarizing their qualifications and experience to meet the requirements of USFWS Conservation Measures (CM 13a and 13b) of the BO, and Measure 18 of the Water Quality Certification.
• CM 13 (a). The qualified biologist responsible for implementing measures during the non-breeding season specific to the snowy plover (September 16 through January 31), per USFWS BO requirements, will be a trained ornithologist with at least 40 hours of experience with location and observation of snowy plovers in the field. Field experience hours need to be documented, conducted under the supervision of a more experienced snowy plover biologist, and verifiable. The biological monitor responsible for implementing measures during the breeding season specific to the snowy plover (February 1 through September 15) will have an additional minimum of 20 hours of experience (documented, supervised, and verifiable) with locating and monitoring snowy plover nests and chicks. • CM 13(b). The biological monitor responsible for implementing measures during the non-breeding season specific to the California least tern (September 16 through March 31) will be a trained ornithologist with at least 40 hours of experience with location and observation of least terns in the field. Field experience hours need to be documented, conducted under the supervision of a more experienced least tern biologist, and verifiable. The biological monitor responsible 555 of 3333777000
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111 Academy Way Ste 210 ● Irvine, CA 92617 ● Tel: (714) 648-0630 ● Fax: (714) 648-0935 ● www.ecorpconsulting.com for implementing measures during the breeding season (April 1 through September 15) will have an additional minimum of 20 hours of experience (documented, supervised, and verifiable) with locating and monitoring least tern nests and chicks.
• WQC (18). The Applicant shall designate an on-site qualified biologist to monitor Project construction activities within or adjacent to waters of the United States and/or State to ensure compliance with the Certification requirements. The biologist shall be given the authority to stop all work on-site if a violation of this Certification occurs or has the potential to occur. Records and field notes of the biologist’s activities shall be kept on-site and made available for review upon request by the San Diego Water Board.
 The City shall be responsible for providing notification to the San Diego Water Board, per Section D1. Discharge Commencement Notification, at least 5 days prior to initiation of Project activities and at least 30 days prior to completion of active Project maintenance activities.

Task 1 Assumption:
 This is an as-needed task, billed on a time-and-materials basis. If the number of hours (up to 20), or requests for out-of-scope assistance exceeds what can be accommodated by this budget, a contract amendment will be provided prior to a response.

Task 2 – Semi-Annual Berm Maintenance: Pre-activity Biological Surveys, Biological Monitoring, and Water Quality Sampling
ECORP will provide biological resources services to the City prior to, during, and after each semiannual maintenance event. These services will include but are not limited to the following:

Task 2A. Pre-activity Surveys for California grunion (March 1st to August 31st) If maintenance activities need to be conducted during the California grunion (Leuresthes tenuis) spawning season (March 1st through August 31st), pre-project surveys for grunion activity will be conducted by ECORP qualified biologists in accordance with the protocols described in the Grunion Protection Plan for Necessary Outlet Maintenance During the Grunion Spawning Season of March through September Report (Chambers Group, Inc., September 7, 2006).

Monitoring will be conducted on all four nights of the predicted run series, with the exception that if grunion are observed spawning on a given night, the presence of egg nests will be assumed and surveys on subsequent nights will not be required.

Monitoring will occur from the time of the high tide each night, for a period of two hours, or until the grunion stop running, whichever is later. For each night of monitoring, the following information will be recorded: time period monitored, grunion run initiation time and duration, approximate 666 of 3333777000
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111 Academy Way Ste 210 ● Irvine, CA 92617 ● Tel: (714) 648-0630 ● Fax: (714) 648-0935 ● www.ecorpconsulting.com grunion density within the maintenance footprint and a 10-yard buffer, and approximate grunion density in a broader area (i.e., within approximately 50 yards up-coast or 50 yards down-coast of the maintenance footprint).

Task 2A Assumptions
 Assumes up to four (4) night survey events with two qualified biologists.  If grunion are observed in the maintenance footprint or within the 10-yard buffer, on night 1, then monitoring on nights 2, 3, and 4 will not be required.  If grunion are not observed within the maintenance footprint or the 10-yard buffer on night 1, then night 2 would be surveyed, and so forth.

Task 2A Deliverables
 ECORP will provide copies of field datasheets following the completion of grunion surveys.

Task 2B. Pre-activity Surveys for Special Status Species and Nesting Birds and Biological Monitoring
Different biological monitors may be designated to satisfy specific permit requirements based upon their qualifications, and multiple biologists may be utilized during specific maintenance activities to satisfy specific measures.

A qualified biological monitor will conduct a pre-project survey with a focus on sensitive bird species such as California least tern (Sterna antillarum browni) and western snowy plover (Charadrius alexandrinus nivosus) in and within 500 feet of the maintenance footprint area prior to heavy machinery and vehicles accessing the beach for each maintenance event. The maintenance footprint area will include the sediment excavation and placement sites, haul routes, staging areas, areas through which vehicles will travel and locations where any other project activities will occur within sandy beach habitat. The qualified biologist will be responsible for overseeing maintenance activities to ensure compliance with all Project conservation measures and preventing unanticipated impacts to listed species.

During the pre-project survey, if any special status species are observed, the qualified biologist will document the numbers, locations, and sex (if it can be determined) of snowy plovers and least terns, and a brief description of the observed behavior (i.e., foraging, roosting, exhibiting territorial behaviors, preening/grooming, fish carrying, etc.). The location information for each of these species will be documented using a combination of maps and the use of GPS points.

The qualified biologist will conduct surveys for snowy plovers year-round, while surveys for California least tern will only be necessary when maintenance events are scheduled between April 1 and October 15 which encompasses their breeding season and migration windows. 777 of 3333777000
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111 Academy Way Ste 210 ● Irvine, CA 92617 ● Tel: (714) 648-0630 ● Fax: (714) 648-0935 ● www.ecorpconsulting.com Nesting Birds. If maintenance activities need be conducted during the nesting season (February 1– September 15), a nesting bird survey will be conducted by the qualified biologist prior to the commencement of activities. The nesting bird survey will focus on detection of active bird nests (containing eggs, chicks, or recent fledglings still dependent on the nest) and to ensure that the Project is in compliance with both federal and state regulations (Migratory Bird Treaty Act [MBTA] of 1918, Fish and Game Code Sections 3503 and 3503.5 and 3800) which protect migratory bird species, native non-game birds, and their nests. Active nests and other sensitive wildlife species locations will be mapped during these surveys. All active nests will be protected by establishing a no-work buffer around the nest. In some cases, if far enough away from active construction, the biologist may be able to monitor the nest if construction occurs in the outer limits of the buffer. These specific project-related protections can vary by species and the relative proximity to active construction and will be implemented at the discretion of the biologist. Nest monitoring by the biologist does not guarantee work can continue; if nesting behaviors are disturbed by construction activities, the biologist will notify the Client and request work to stop in order to discuss the best course of action moving forward.

Maintenance Monitoring. A qualified biologist will also monitor Project related maintenance activities within or adjacent to waters of the United States and/or State to ensure compliance with the 401 Certification requirements. The biologist shall be given the authority to stop all work on-site if a violation of the 401 Certification occurs or has the potential to occur. Records and field notes of the biologist’s activities will be kept on-site and should be available for review upon request by the San Diego Water Board.

Task 2B Assumptions
 During Semi-annual events: Assumes up to one full day of maintenance activities, one qualified approved USFWS bird biologist and one biological monitor.  During the Non-breeding Season: If no snowy plovers and/or no California least terns are observed in or within 500 feet of the daily work footprint(s) during the pre-project survey, no additional biological monitoring will be required for the day.  During the Breeding Season: If snowy plovers or California least terns are observed during pre-project surveys, the City will contact the CFWO prior to maintenance activities being initiated to discuss if additional conservation measures may be necessary. No maintenance activities can occur until coordination with the CFWO has occurred.
 If snowy plovers and/or California least terns move closer to the project activities during a 2-hour observation period, the biological monitor will remain on site and will be present throughout daytime work hours to monitor these listed species approaching or attempting to enter the maintenance footprint(s).  If snowy plovers and/or California least terns are observed during maintenance activities, a monitoring report will be submitted to the CFWO within 60 days of completing maintenance activities.
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111 Academy Way Ste 210 ● Irvine, CA 92617 ● Tel: (714) 648-0630 ● Fax: (714) 648-0935 ● www.ecorpconsulting.com  If no snowy plovers or California least terns are observed, the City will only submit an annual maintenance summary report to the CFWO.

Task 2B Deliverables
 Following maintenance events, Monitoring Summary Reports including field notes, pre-activity survey results, and a description of all Project maintenance activities observed during the monitoring efforts will be prepared and provided to the City.

Task 2C. Water Quality Sampling Pre- and Post-Maintenance Activities Prior to each maintenance event, the OC Beach Info website (www.ocbeachinfo.com) will be checked to determine if current ocean bacteria levels meet state health standards at the Aliso Creek Ocean Interface. If ocean bacteria levels meet the state health standards, then water quality sampling and maintenance activities will proceed as planned. Water quality samples will be taken before and after maintenance activities in accordance with the “Ocean Outfall Maintenance Water Quality Plan for the County of Orange OC Community Resources (OC Parks) and OC Public Works” document dated 2014, and revised 2018.

Pre-maintenance water quality sampling will be conducted 48 hours prior to the scheduled maintenance activity in order to address the existing conditions, which is a requirement per the 401 Certification to ensure the receipt of indicator bacteria sample results 24 hours prior to the maintenance event. The results will be compared to the ocean water quality objectives. Postmaintenance sampling will be conducted 24 hours following completion of the maintenance activity.

Monitoring Methodology. Water quality samples will be obtained by grab sample at three locations. These will include one location 50 feet downstream of the Pacific Coast highway or where the outfall first daylights prior to reaching the surf zone, one location 25 feet up coast of where the freshwater discharge intersects with the surf zone, and one location 25 feet down coast of where the freshwater discharge intersects with the surf zone. These samples will be placed into appropriate sample containers provided by the laboratory, preserved as directed, labelled, then transferred on ice to the laboratory for analysis within the appropriate holding timeframes. A multiparameter water quality meter (YSI ProDSS) will also be used to collect pH and Specific Conductance readings simultaneous with the lab sample collection.

Laboratory Analysis. All chemical and bacteriological analyses will be conducted by a laboratory certified for such analyses by the California Department of Health Services Environmental Laboratory Accreditation Program (ELAP). Samples will be analyzed within allowable holding time limits. Proper chain of custody procedures will be followed, and a copy of the results will be submitted to the City following each maintenance event.

The Orange County Health Care Agency (HCA) laboratory located in Newport Beach is willing to accept the indicator bacteria samples for the City. The other analyte samples will be collected and taken to the Eurofins Calscience Lab in Tustin, CA.
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111 Academy Way Ste 210 ● Irvine, CA 92617 ● Tel: (714) 648-0630 ● Fax: (714) 648-0935 ● www.ecorpconsulting.com Task 2C Assumptions:
 Assumes maintenance activities and water quality sampling will only be conducted if the ambient ocean bacteria levels meet the state health standards at the Aliso Creek Ocean Interface prior to the scheduled maintenance event.  Assumes water samples will be collected by one qualified biologist and delivered to the respective laboratory for analysis.
 Assumes the City will have a separate contract with HCA lab, and the City will provide results to ECORP when received. The laboratory prefers that the City establishes a separate contract for the bacteria indicator samples.
 Assumes laboratory results for the bacteria indicator samples will be available 24 hours prior to the commencement of berm maintenance work, and the City will make the determination on whether to proceed with berm maintenance activities based on existing conditions and laboratory results.

Task 2C Deliverables:
 ECORP will provide an electronic copy of the Chain-of-Custody forms for all samples collected and delivered for analysis to OC HCA Lab and Eurofins Calscience Lab.  ECORP will provide an electronic copy of the laboratory results following each sampling event.

Task 3 – Reporting
ECORP will assist the City with preparing annual reports per the project permit requirements below.

The reports will include the dates of all monitoring efforts, field conditions, results of the monitoring, monitoring logs, and other information as required.
 USFWS CM 21 of the BO. The City will submit a brief annual report documenting the length of time that each maintenance event was conducted and a general description of the nature of the maintenance activities. Annual reports for the previous year’s maintenance events should be received by the CFWO by January 31. A brief discussion of any snowy plover and California least tern observations will be included in the annual report. If snowy plovers and/or California least terns are observed during maintenance activities, a monitoring report will be submitted to the CFWO within 60 days of completing maintenance activities.
 WQC. Section C7. Annual Project Progress Reports. The Discharger must submit annual Project progress reports describing status of maintenance activities and compliance with all requirements of this Certification to the San Diego Water Board prior to March 1 of each year following the issuance of this Certification. The reporting period for each Annual Progress Report shall be January 1st through December 31st of each year. Annual Progress Reports must be submitted even if Project construction has not begun or if no Project construction occurred during the reporting period, in which case only the project status information in section 1.a, must be reported. The report 1111000 of 3333777000
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111 Academy Way Ste 210 ● Irvine, CA 92617 ● Tel: (714) 648-0630 ● Fax: (714) 648-0935 ● www.ecorpconsulting.com should follow the items A through D. and Section 2 Records of Monitoring of Attachment 2 of the WQC.
 401 Permit Measure 16. The permittee shall submit an annual written report to this office by May 1st of each year this RGP is valid. The report shall summarize all maintenance activities and include written documentation and photographs of all work performed under this RGP during the prior year. Any data collected, including water quality samples and terrestrial or aquatic sensitive species surveys, shall be included in the annual report.

Task 3 Assumption:
 This task will be billed on a time-and-materials basis. If the number of hours (up to 50), or requests for out-of-scope assistance exceed what can be accommodated by this budget, based on a best-efforts basis, a contract amendment will be provided.

Task 3 Deliverable:
 ECORP will assist the City with producing a single annual summary report for the project, which will then be provided to the three (3) regulatory agencies (USFWS, Corps, and RWQCB) in order to satisfy the various permit requirements. The report will be provided in Word and PDF formats for review and comment.

Tentative Schedule
Here’s an example of the tentative schedule/sequence of events that need to happen prior to each maintenance event:

1. Five days before maintenance activities are scheduled to occur, the OC Beach Information WebMap will be used to determine if current ocean bacteria levels meet state health standards at the Aliso Creek Outfall location. The City will make the determination whether to proceed with water quality sampling and pre-activity surveys.

2. Grunion surveys will be conducted for up to 4 consecutive days prior to the scheduled maintenance event (only applicable from March 1 to August 31).

3. Water quality samples will be collected at three locations 48 hours before the maintenance work is scheduled to begin.

4. A pre-activity biological survey will be conducted within the maintenance footprint area plus a 500-ft buffer prior to the start of maintenance activities and biological monitoring will be conducted as necessary.

5. Water quality samples will be collected at three locations 24 hours after the completion of the maintenance work.

Data Needs:
 Boundary files: The City (or its Agent) will provide an AutoCAD file(s) or ESRI shapefile(s) of the Project footprint/impact areas as closed polyline or polygon features 11111111 of 3333777000
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111 Academy Way Ste 210 ● Irvine, CA 92617 ● Tel: (714) 648-0630 ● Fax: (714) 648-0935 ● www.ecorpconsulting.com to ECORP. ECORP requests that the AutoCAD or ESRI GIS file(s) be provided in a defined and clearly stated coordinate system, with Project footprint/impact areas clearly designated on either single layer, or on multiple layers, with clear direction given to which layers constitute the Project footprint and impact areas.

COST ESTIMATE
ECORP will provide the Scope of Work detailed in this proposal on a Time-and-Materials - Not to Exceed (T&M [NTE]), Fixed Fee (FF), and Daily Rate (DR) basis. ECORP reserves the right to flex budget between line items to reflect the actual level of effort required, provided that ECORP does not exceed the total authorized amount of the contract. A detailed estimate of costs by task is included in Table 1 below.

Table 1 – Estimated Costs
Activity/Service Billing Type
Estimated
Quantity
Unit
Price
Estimated
Total Price
Task 1 – Project Management and Permit Compliance (Annual effort) Task 1. Project Management and Permit Compliance T&M (NTE) 1 $3,500 $3,500 Task 2 – Semi-Annual Berm Maintenance: Pre-activity Biological Surveys, Biological Monitoring, and Water Quality Sampling– Grunion Season (March 1 to August 31)
(Per Maintenance Event Cost)
Task 2a. Pre-activity Surveys for California Grunion (March 1st to August 31st) (Up to 4 Night Surveys)
T&M (Per Survey) 4 $1,100 $4,400
Task 2b. Pre-activity Surveys (LETE/Snowy Plover) DR1 1 $1,120 $1,120 Task 2c. Water Quality Sampling – 48 Hour Pre-activity - Sample Collection
T&M (NTE) 1 $1,098 $1,098
Task 2c. Water Quality Analysis – 48 Hour Pre-activity - Eurofins Lab Cost (Chemical Constituents and Bacteria)
FF 6 $330 $1,980
Task 2c. Water Quality Sampling – 24 Hour Post-Maintenance - Sample Collection
T&M (NTE) 1 $1098 $1,098
Task 2c. Water Quality Analysis – 24 Hour Post-Maintenance - Eurofins Lab Cost (Chemical Constituents and Bacteria)
FF 6 $330 $1,980
Task 2 (Grunion Season) Per Maintenance Effort Total $11,676 Task 2 (Non-Grunion Season) Per Maintenance Effort Total $7,276 Task 3 – Reporting (Annual effort)
Task 3. Reporting T&M (NTE) 1 $8,750 $8,750
1 DR = Daily Rates (4 hrs./day onsite) inclusive of all travel and direct costs Costing Assumptions
 The cost proposal is presented on a Time-and-Materials – Not to Exceed, Fixed Fee, and Daily Rate basis in accordance with ECORP Consulting, Inc.'s Environmental Services Agreement, General Provisions, and Rate Schedule, which are attached and made part of this proposal.
 Cost and schedule estimates are based on our best judgment of the requirements known at the time of the proposal and can be influenced favorably or adversely by Client needs and other circumstances, including agency or other delays. ECORP will 11112222 of 3333777000
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111 Academy Way Ste 210 ● Irvine, CA 92617 ● Tel: (714) 648-0630 ● Fax: (714) 648-0935 ● www.ecorpconsulting.com perform the services and accomplish the objectives within the presented costs and schedule. However, if the scope of work or schedule changes, ECORP will offer a separate proposal for any out-of-scope work.
 ECORP Consulting, Inc., assumes that, by receipt of notice to proceed, full access to the property will be provided by the Client, including keys to locked gates and advance notice to existing property tenants of our right of entry.  It is assumed that ECORP Consulting, Inc., can use and rely on the data and information contained in the project related documents provided by the Client. ECORP Consulting, Inc., will not perform a technical review of these documents, and will not be responsible for the content or accuracy of these studies.  Change orders will be issued and signed by the Client and ECORP Consulting, Inc., before starting additional work not provided for in the original proposal. If the Client's authorized representative is not available for a signature, the additional out-of-scope work will not commence until the change order is signed.  This cost is valid for a period of 90 days from the date of this the proposal. Beyond 90 days, ECORP Consulting, Inc., reserves the right to reevaluate the cost.  Color copies, equipment, and other direct expenses are reimbursed with a 14% administrative handling charge (excluding mileage). These charges are included in the cost estimate, above.
 Subcontractor expenses (if any) are reimbursed with a 12% administrative handling charge. These charges are included in the cost estimate, above.  Mileage is reimbursed at the current IRS rate. These charges are included in the cost estimate, above.

Work on this project will be performed under the terms and conditions of ECORP’s 2023-2026 Consultant Services Agreement with the City of Laguna Beach that was entered into on July 11, 2023.

Thank you for the opportunity to submit this proposal. If you have any questions regarding this proposal, please feel free to contact me at (714) 648-0935 or [email protected].

Sincerely,
ECORP Consulting, Inc.

Verity Richardson
Staff Biologist/Project Manager
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STAFF REPORT
Meeting Date:

September 22, 2026

CONSENT

CALENDAR
13 SUBJECT: AWARD OF CONTRACT FOR SIDEWALK INSPECTION AND REPAIR

SERVICES
RECOMMENDATION: It is recommended that the City Council:

1. Authorize the City Manager to approve a Professional Services Agreement to Infrastructure Management Group, LLC, dba Precision Concrete Cutting (PCC) for sidewalk trip hazard assessment, removal, and maintenance services in an amount not to exceed $200,000.

2. Find that the proposed action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301.

SUMMARY OF THE MATTER
The City maintains an ongoing sidewalk repair program to address trip hazards, improve pedestrian safety, and maintain public infrastructure. Last year, the City contracted with Infrastructure Management Group, LLC, dba Precision Concrete Cutting (PCC), to mechanically slice uneven sidewalk surfaces at 1,230 locations at a cost of approximately $105,000. Staff estimates that removing and replacing the concrete at those same locations would have cost approximately $785,000. Mechanical slicing therefore allowed the City to address substantially more locations at a significantly lower cost while minimizing construction impacts and disruption to residents and businesses.

Staff recommends continuing this program through a Professional Services Agreement with PCC in an amount not to exceed $200,000. The City would utilize a piggyback procurement based on a competitively procured agreement recently awarded to PCC by the City of Carlsbad. PCC has agreed to extend the same pricing and terms to Laguna Beach. Funding is included in the Fiscal Year 2026/2027 Capital Improvement Program, and no additional appropriation is required.

DISCUSSION
Last year as part of the City’s ongoing efforts to eliminate trip hazards, staff worked with PCC to survey and repair sidewalks. $105,000 was spent to slice 1,230 locations. It is estimated that the cost for complete removal and replacement for the same locations would have been approximately $785,000 meaning that this approach is over 8 times more cost effective than remove and replace. This approach enables the City to accomplish more repairs and limits the amount of construction and disruption to the public.

PCC specializes in the assessment and repair of sidewalk trip hazards using mechanical concrete slicing.

This process can correct certain sidewalk displacements without the need to remove and replace the entire sidewalk panel. In addition, PCC creates detailed reports for each location to show the required repair and photo documents the location with before and after photos. The method provides a cost-effective and efficient alternative to conventional concrete replacement and can allow repairs to be completed substantially faster than traditional sidewalk reconstruction. 1111 of 4444555777

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The proposed agreement will allow the City to continue its sidewalk assessment and repair program while utilizing the same competitive pricing recently established by the City of Carlsbad. The proposed not-to2222 of 4444555777

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exceed amount of $200,000 was programmed into the Capital Improvement Program to address as many locations as possible this fiscal year. Additional slicing will be considered in future fiscal years.

On April 28, 2026, the Carlsbad City Council awarded PCC an agreement for concrete sidewalk inspection and repair services following a competitive procurement and best-value evaluation process (Attachment 2).

Carlsbad received four proposals and selected PCC as the highest-rated/best-value firm. The initial Carlsbad agreement is for one year, with options for additional one-year periods.

Under the proposed agreement, PCC will provide sidewalk trip hazard assessment and repair. The services generally include:
• Assessment and identification of sidewalk trip hazards; • Documentation of sidewalk deficiencies;
• Repair of sidewalk trip hazards ranging from approximately ¼ inch to 2 inches; Procurement
The City is proposing to utilize the piggyback procurement method based on the City of Carlsbad's recently completed competitive procurement for substantially similar sidewalk assessment and repair services.

Piggybacking on the City of Carlsbad's competitively procured agreement allows Laguna Beach to obtain established pricing without conducting a separate solicitation for substantially similar services. A copy of the City of Carlsbad agreement is provided as Attachment 3 for reference.

On January 30, 2026, the City of Carlsbad advertised its maintenance services agreement for proposals.

Four proposals were received on March 4, 2026. Following a best-value evaluation process, Carlsbad selected Precision Concrete Cutting to provide the services. Carlsbad subsequently awarded PCC an agreement for the initial one-year term.

Laguna Beach staff recommend utilizing the pricing and terms of the competitively procured Carlsbad agreement. PCC has agreed in writing to extend the same pricing and terms to Laguna Beach (Attachment 4). PCC's written confirmation states that the extension includes all applicable rates for sidewalk assessment and trip hazard repair services under the Carlsbad agreement. Last year, PCC made sidewalk repairs at over 1200 locations in the City of Laguna Beach. The work met all City expectations to remove potential trip hazards in an efficient and cost-effective manner. In addition, the methods employed by PCC to perform the work cause little interruption to the public and businesses because access is only interrupted while the repairs are being performed, which typically lasts no longer than 30 minutes per location. Therefore, given the quality of work, minimal public inconvenience, and cost effectiveness, staff recommends awarding a piggyback contract to PCC to provide sidewalk assessment and repair services.

The proposed Laguna Beach agreement specifically identifies PCC's Carlsbad agreement, dated June 4, 2026, and incorporates its terms by reference. In the event of a conflict, the Laguna Beach agreement controls.

FINANCIAL ANALYSIS
Funding for these services is included in the Fiscal Year 2026/2027 CIP. No additional appropriation is requested at this time.
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ENVIRONMENTAL ANALYSIS
The proposed action involves the maintenance and repair of existing sidewalk facilities and does not involve expansion of the existing use. Accordingly, the project is exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301, which applies to the maintenance and repair of existing facilities.

ATTACHMENTS

1. Professional Services Agreement between the City of Laguna Beach and Infrastructure Management Group, LLC dba Precision Concrete Cutting (Pgs. 5 – 52)

2. City of Carlsbad City Council Staff Report dated April 28, 2026 (Pgs. 53 – 61)

3. City of Carlsbad Agreement (Pgs. 62 – 86)

4. Precision Letter Extending Pricing (Pg. 87)
Submitted By: . Approved: .David A Kiff
Thomas Perez, Acting Director of
Public Works & Utilities
Dave Kiff, City Manager
Report Prepared By: Coordinated With:

Thomas Perez, Acting Director of Public Works
& Utilities
Patrick Donegan, Assistant City Attorney
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CITY OF LAGUNA BEACH

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement #__________ is made and entered into this _____ day of ________, 2026, by and between the City of Laguna Beach, a municipal corporation organized under the laws of the State of California with its principal place of business at 505 Forest Avenue, Laguna Beach, California 92651 ("City") and Infrastructure Management Group, LLC, a California corporation, dba Precision Concrete Cutting with its principal place of business at its principal place of business at 320 State Place, Escondido, CA 92029 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing sidewalk trip hazard removal, assessment and maintenance services required by City on the terms and conditions set forth in this Agreement. City and Consultant acknowledge that Consultant is a party to that agreement with the City of Carlsbad for similar sidewalk maintenance services. The Parties agree that the services contemplated by this Agreement shall be provided based on the terms found in the contract between Consultant and the City of Carlsbad, dated June 4, 2026, attached hereto as Exhibit “D” and incorporated herein by reference. In the event of any conflict between Exhibit D and this Agreement, this Agreement shall control. Consultant represents that it is experienced in providing these types of services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the sidewalk trip hazard removal, assessment and maintenance services project (“Project”) as set forth in this Agreement.

Attachment 1
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3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional sidewalk trip hazard removal, assessment and maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from September 23, 2026 to June 4, 2027, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. Specifically, the compensation shall be paid at the following rate:

Unit Pricing
Item Item Description Unit of Measure Unit Price
1 Sidewalk Assessment Service Sidewalk/Mile $220.00
2 Slicing Repairs (1/4” to 2”( Inch-Foot $39.95
The total compensation shall not exceed Two Hundred Thousand Dollars ($200,000) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The 6 666 of 4444555777
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making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. Failure to submit an invoice within ninety (90) days of any service(s) or good(s) provided shall constitute an absolute waiver of any right to payment for such service(s) and/or good(s), and City shall have no obligation to review, process, or pay any invoice submitted after the expiration of the ninety (90) day period.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3 Responsibilities of Consultant.

3.3.1 Independent Consultant; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent consultant basis and not as an employee.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

Parker Yocum, President and Dylan Kolpin, Director of Operations. 7 777 of 4444555777
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3.3.6 Consultant's Representative. Consultant hereby designates Parker Yocum, President or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services 8 888 of 4444555777
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are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subconsultants, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to 9 999 of 4444555777
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initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subconsultants, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.11 Insurance.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance 10 1111000 of 4444555777
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requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $2,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions) Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $2,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability: (1) Additional Insured: The City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional 11 11111111 of 4444555777
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insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) This insurance shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least 12 11112222 of 4444555777
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fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

3.3.11.11 Additional Insurance Provisions
(A) If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted.
(B) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(C) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled 13 11113333 of 4444555777
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and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(D) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (E) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(F) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(G) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per 14 11114444 of 4444555777
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diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.5 Termination of Agreement.

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.7 General Provisions.

3.7.2 Independent Consultants and Subcontracting.
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3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent consultants, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent consultant, subconsultant or subconsultant (“Subconsultant(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.7.2.2 Prior Approval Required. Consultant shall not use any Subconsultant to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subconsultant, Consultant shall enter into a written agreement with the Subconsultant, which must include all provisions of the Agreement, including a restriction on the Subconsultant’s use of further independent consultants, subconsultants or subconsultants without the City’s prior written consent.

Consultant: Infrastructure Management Group, LLC
dba Precision Concrete Cutting
320 State Place
Escondido, CA, 92029
ATTN: Parker Yocum, President
City: City of Laguna Beach
505 Forest Avenue
Laguna Beach CA 92651
ATTN: Thomas Perez, City Engineer
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall 17 1111777 of 4444555777
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be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in 18 1111888 of 4444555777
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connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further 20 2222000 of 4444555777
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agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF LAGUNA BEACH AND

PRECISION CONCRETE CUTTING
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF LAGUNA BEACH INFRASTRUCTURE MANAGEMENT
GROUP, LLC, dba PRECISION CONCRETE

CUTTING
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Dave Kiff
City Manager
Approved as to Form:
_____________________________________
City Attorney
Attested By:

City Clerk
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Exhibit “A-I-1” PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall perform the following services for the City (collectively, the "Services") to the City's satisfaction:

Pre-Project:
• Initial kick-off meeting: Consultant shall meet with City staff to go over project objectives, expectations and review project locations.
• GIS Integration preparation: Consultant shall verify' data requirements for ESRI Shapefile / Geodatabase formats for eventual incorporation to City GIS. • Project Scheduling: Consultant shall develop a detailed schedule of inspection and maintenance activities with priority given to high-traffic or high-risk areas.

Location and Identification:
• Consultant shall systematically survey pre-determined areas and adjacent sidewalks to identify all vertical displacements ranging from ¼" to 2". • Consultant shall identify and flag any offsets exceeding 2" for alternative solutions, documenting their locations for future efforts.
• Consultant shall update the City's GIS system with initial findings for on-going tracking.

Measure, Document and Photograph:
• Consultant shall utilize measurement tools to record displacement heights to oneeighth of an inch and capture linear footage for each potential hazard. • Consultant shall take pre-maintenance photographs to provide clear evidence of identified trip hazards.
• Consultant shall record GPS coordinates and property details for each location.

Review Data with City Staff:
• Consultant shall deliver a comprehensive inspection report, including GIS data and a priority list of identified hazards.
• Consultant shall collaborate with City staff to determine remediation priorities based on hazard severity, location, and budgetary constraints. 23 22223333 of 4444555777
Exhibit “A-I-2” PROFESSIONAL SERVICES AGREEMENT
Concrete Repair (Slicing):
• Consultant shall apply horizontal slicing method to remove trip hazards while preserving existing sidewalk structure.
• Consultant shall ensure all repairs meet ADA compliance standards, achieving a smooth, uniform surface with a 1:12 slope.
• Consultant shall capture post-maintenance measurements and photographs to document completed work.

Document Repairs:
• Consultant shall update GIS data with details of completed repairs, including remediation dates, measurements and photographs.
• Consultant shall provide a complete record of repaired locations for integration into the City's GIS and asset management systems.

Review and Report:
• Consultant shall attend weekly progress meetings with City staff. • Consultant shall submit bi-Monthly progress reports summarizing work, project progress, and any challenges encountered.
• Consultant shall convene regular meetings and provide and collaborate on presentations with City staff to review progress, discuss findings and address feedback.

Project Completion and Final Reporting:
• Consultant shall deliver a final executive summary report for all completed work, including a comparison of planned vs achieved outcomes. • Consultant shall provide GIS data detailing all remediated hazards and areas identified for future attention.
• Consultant shall conduct a project review meeting for final deliverables and lessons learned for future maintenance programs.
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Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall diligently perform the services to the City's satisfaction and according to the timeframes for each task as requested by the City.
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2 EXHIBIT C COMPENSATION
EXHIBIT "C"

COMPENSATION
In full and complete compensation for the Services provided under this agreement, City shall pay Consultant according to the schedule set forth below:

Compensation Schedule
Item No. Description Unit Unit Price
1 Trip Hazard Removal (1/4” to 2”) Inch-Foot $39.95
2 Sidewalk Assessment Services Sidewalk Mile $220
Total compensation under this Agreement shall not exceed ($200,000) without prior written approval of the City Council. There are no reimbursable expenses under this Agreement.

Monthly invoices shall be based on work performed within the previous month at the agreed unit price.
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1 EXHIBIT B

SCHEDULE OF SERVICES
EXHIBIT “D”

CITY OF CARLSBAD AGREEMENT
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MSA26-4061TRAN
City Attorney Approved Version 6/30/2025

Page 1 ends

MAINTENANCE SERVICES AGREEMENT FOR CONCRETE SIDEWALK INSPECTION AND REPAIR SERVICES SOUTHERN CALIFORNIA PRECISION CONCRETE INC. dba PRECISION CONCRETE CUTTING THIS AGREEMENT (“Agreement”) is made and entered into as of the ______________ day of _________________________, 2026, by and between the City of Carlsbad, California, a municipal corporation and California charter city ("City") Southern California Precision Concrete Inc., a California corporation, dba Precision Concrete Cutting ("Contractor").

RECITALS
A. City requires the professional services of concrete sidewalk inspection and repair services.

B. Contractor is duly qualified and has the necessary experience to provide the Services.

C. The City issued Request for Proposals No. RFP26-4022TRAN and in response, the Contractor submitted a proposal to the City and affirmed its willingness and ability to perform the work.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows:

1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those Services (“Services”) described and delineated in Exhibit “A”. To the extent that any of the terms in the Exhibits(s), including any attachments, conflict with the terms in this Agreement, in whole or in part, the terms of this Agreement control.

2. TERM
The term of this Agreement will be effective for a period of one (1) year from the date first above written.

The City Manager may amend the Agreement to extend it for four (4) additional one (1) year(s)or parts of a year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement.

3. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term shall not exceed five hundred fifty-two thousand three hundred twenty-one dollars ($552,321). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement.

If the City elects to extend the Agreement, the amount shall not exceed five hundred sixty-six thousand dollars ($566,000) per Agreement year.

Payment terms are Net 30 unless otherwise provided in Exhibit “A” or agreed to in writing by the parties.

The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".

4. PUBLIC WORKS

4.1 Prevailing Wage Rates. Any construction, alteration, demolition, installation, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement constitute “public works” under California Labor Code section 1720 et seq. and are subject to state prevailing wage Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 June
4th
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MSA26-4061TRAN
City Attorney Approved Version 6/30/2025

Page 2 ends

laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by Contractor in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776.

4.2 DIR Registration. California Labor Code section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Agreement to be currently registered with the California Department of Industrial Relations (DIR), as specified in Labor Code section 1725.5. Labor Code section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Agreement, Contractor must furnish City with the subcontractor or subconsultant's current DIR registration number, including submitting the form provided in Exhibit “B”.

5. CONSTRUCTION MANAGEMENT SOFTWARE
Procore Project Management and Collaboration System. This project may utilize the City’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor.

Contractor is responsible for obtaining Contractor’s own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to Contractor for use of Procore.

It is recommended that Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in this Agreement.

6. BONDS

6.1 Labor and Materials Bond. Contractor will execute and provide to City, concurrently with this Agreement a Labor and Materials Bond in the amount of the total, not-to-exceed compensation indicated Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 29 2222999 of 4444555777
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in this Agreement in the form provided in Exhibit “C”. No payment will be made to the Contractor until it has been received and approved by the City.

6.2 Performance Bond. Contractor will execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, in the form provided in Exhibit “D”. No payment will be made to Contractor until it has been received and approved by City.

6.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor will renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice must be given to City, and Contractor must post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments will be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, Contractor will, upon request of City, cause the amount of the bonds to be increased accordingly and will promptly deliver satisfactory evidence of such increase to City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to Contractor, will release the surety. If Contractor fails to furnish any required bond, City may terminate this Agreement for cause.

6.4 Surety Qualifications. Only bonds executed by an admitted surety insured, as defined by Code of Civil Procedure Section 995.120 will be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to City.

7. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the result to be accomplished but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes.

The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor.

Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 30 3333000 of 4444555777
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Laguna Beach City CouncilSeptember 22, 2026

Laguna Beach City Council
September 22, 2026