Agenda packet — Laguna Hills City Council, November 15, 2022 (part 1 of 4)

CITY OF LAGUNA HILLS

CITY COUNCIL/PLANNING AGENCY

ADJOURNED REGULAR MEETING AGENDA
Tuesday, November 15, 2022 – 7:00 PM
(Closed Session at 6:00 PM when scheduled)
Dave Wheeler, Mayor
Janine Heft, Mayor Pro Tempore Don Caskey, Council Member Erica Pezold, Council Member Don Sedgwick, Council Member Location: City Council Chamber, 24035 El Toro Road, Laguna Hills, CA 92653 Any person wishing to address the City Council/Planning Agency on any matter, whether or not it appears on this Agenda, is asked to complete a pink “Request to Speak” form available on the table at the back of the Chamber. The completed form is to be submitted to the City Clerk prior to an individual being heard by the City Council/Planning Agency. Completion of the form is voluntary. All persons may attend the meeting regardless of whether this form is completed.

Members of the public wishing to address the City Council can do so during the Public Comments portion of the Agenda with a time limitation of three minutes per person, an overall time limit of ten minutes for any one subject, and a total time limit of thirty minutes for Public Comments. If you are commenting on an Agenda item, your comments will be heard at the time that item is scheduled on the Agenda. If you are addressing the City Council on an item not listed on the Agenda, the City Council is prohibited by law from discussing or taking any action on that item
Submission of Electronic Public Comments: While you may attend this meeting in person, those wishing to make electronic public comments may submit their comments by email to the City Clerk at [email protected], by 5:00 p.m. on November 15, 2022. In the subject line of the email, please state your name and the item number you are commenting on.

Any public comment received that does not specify a particular agenda item number will be announced during the general public comment portion of the agenda. If you wish to submit a public comment on more than one agenda item, please send a separate email for each item you are commenting on. All comments received by 5:00 p.m. on the date of the meeting will be provided to the City Council in advance to allow time for the Council Members to read them.

Announcement of Electronic Public Comments: During the applicable agenda item, the City Clerk will announce the name of the sender and subject matter of all email comments received by 5:00 p.m. on November 15, 2022. Email comments will NOT be read by the City Clerk during the meeting. Electronic public comments may only be submitted via email and comments via text and social media (Facebook, Twitter, etc.) will not be accepted. The email comments, including your name, will become part of the record of the City Council meeting and will be public information.

City of Laguna Hills City Council/Planning Agency Tuesday, November 15, 2022 Adjourned Regular Meeting Agenda
2 GENERAL BUSINESS - CONVENING AT 7:00 PM

CALL TO ORDER
Resolution No. 96-04-09-1 established rules of decorum for public meetings held by the City of Laguna Hills. Resolution No. 96-04-09-1 is available on the table at the back of the City Council Chamber.

INVOCATION: Pastor Greg Munck of Crossline Community Church PLEDGE OF ALLEGIANCE: Council Member Caskey

ROLL CALL OF CITY COUNCIL MEMBERS

1. PRESENTATIONS AND PROCLAMATIONS

1.1 Laguna Hills High School Student Liaison
Recommendation: That the City Council receive an oral report from Laguna Hills High School 2022 Fall Student Liaison Kia Arfania.

2. SCHEDULE OF FUTURE EVENTS

2.1 Schedule of Future Events
Recommendation: That the City Clerk announce the upcoming meetings and events.

3. PUBLIC COMMENTS
This is the time to address the City Council on any matter not listed on this Agenda that is within the subject matter jurisdiction of the City Council. Public Comments are limited to three minutes per person, an overall time limit of ten minutes for any one subject, and a total time limit of thirty minutes.

4. CONSENT CALENDAR
All matters listed under “CONSENT CALENDAR” are considered to be routine and will be enacted by one motion approving the recommendation listed on the Agenda. There will be no separate discussion unless Members of the City Council or Staff request specific items be removed from the Consent Calendar.

4.1 Waive Reading in Full of all Ordinances and Resolutions on the Agenda Recommendation: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.

City of Laguna Hills City Council/Planning Agency Tuesday, November 15, 2022 Adjourned Regular Meeting Agenda
3 4.2 Approval of Minutes for October 25, 2022, Regular Meeting Recommendation: That the City Council approve the City Council Minutes for the October 25, 2022, Regular Meeting.

4.3 Ratification of November 15, 2022, Warrant Register Recommendation: That the City Council ratify the accompanying Warrant Register for the period from October 14, 2022, to November 3, 2022, in the amount of $462,874.87.

4.4 Resolution Reestablishing the Associate Engineer Classification Along with Salary Range and Benefits for Position Within the Bargaining Unit Covered by the Memorandum of Understanding with the Laguna Hills City Employees Association
Recommendation: That the City Council adopt a Resolution entitled: "A Resolution of the City Council of the City of Laguna Hills, California, reestablishing the Associate Engineer classification along with salary range and benefits within the Bargaining Unit covered by the Memorandum of Understanding with the Laguna Hills City Employees Association."

4.5 Proposed Professional Services Agreement with De Novo Planning Group for Consultant Services Related To: General Plan Housing Element Update Certification; Housing Site Inventory Rezoning and Related Environmental Review; and Objective Design Standards
Recommendation: That the City Council:
1) Waive formal competitive bidding and request for proposals procedure set forth in the Laguna Hills Municipal Code (“LHMC”) Section 3-08.150 pursuant to the exceptions set forth in LHMC Sections 3-08.110(C), (I) and (J) for approval of a proposed Professional Services Agreement with De Novo Planning Group for consultant services related to the following planning services: General Plan Housing Element Update certification; housing site inventory rezoning and related environmental review; and objective design standards; and 2) Approve and authorize the Mayor or the Mayor Pro Tempore to sign the proposed Professional Services Agreement with De Novo Planning Group, in the total maximum not-to-exceed contract amount of $281,292.

City of Laguna Hills City Council/Planning Agency Tuesday, November 15, 2022 Adjourned Regular Meeting Agenda
4 4.6 Award of Public Works Construction Contract for the Civic Center Cooling Tower Replacement Project, CIP No. 505-A
Recommendation: That the City Council: 1) Award the Public Works Construction Contract for the Civic Center Cooling Tower Replacement Project, CIP No. 505-A, to the lowest responsive bidder, Allison Mechanical, Inc., in the amount of $146,600.00; 2) Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA), as a Class 1 Existing Facilities, pursuant to CEQA Guidelines, Section 15301; 3) reject all other bids; and 4) authorize the Mayor to sign the Public Works Construction Contract.

4.7 Consideration of Amendment No. 2 to Security Patrol Services Agreement with High Level Security Solutions, Inc.

Recommendation: That the City Council approve and authorize the Mayor or Mayor Pro Tempore to sign Amendment No. 2 to Security Patrol Services Agreement with High Level Security Solutions, Inc., in the total maximum contract amount of $140,000 and authorize the Interim Finance Director to amend the current budget.

ITEMS REMOVED FROM THE CONSENT CALENDAR

5. PLANNING AGENCY
There are no separate Planning Agency Business Items for this meeting.

6. CITY COUNCIL PUBLIC HEARINGS

6.1 Second Reading & Adoption of Proposed Ordinances Amending Title 10 (Buildings and Construction) and Chapter 5-16 (Fire Code) of the Laguna Hills Municipal Code and Adopting by Reference the 2022 California Building Standards Code and the 2022 California Fire Code Recommendation: That the City Council:
1) Conduct a Public Hearing; and
2) Adopt an Ordinance entitled: “An Ordinance of the City of Laguna Hills, California, amending Title 10 (Buildings and Construction) of the Laguna Hills Municipal Code and adopting by reference the 2022 Edition of the California Building Standards Code (California Code of Regulations, Title 24), consisting of the 2022 California Building Code, the 2022 California Residential Code, the 2022 California Electrical Code, the 2022 California Mechanical Code, the 2022 City of Laguna Hills City Council/Planning Agency Tuesday, November 15, 2022 Adjourned Regular Meeting Agenda
5 California Plumbing Code, the 2022 California Energy Code, the 2022 California Historical Building Code, the 2022 California Existing Building Code, the 2022 California Green Building Standards Code, and the 2022 California Referenced Standards Code, together with certain amendments, additions, and deletions thereto; and adopting by reference the 2021 International Property Maintenance Code.”; and
3) Adopt an Ordinance entitled: “An Ordinance of the City of Laguna Hills, California, amending Chapter 5-16 (Fire Code) of Title 5 (Health and Sanitation) of the Laguna Hills Municipal Code and adopting by reference the 2022 Edition of the California Fire Code including Appendices B, BB, C, and CC, together with certain amendments, additions, and deletions thereto."

7. ADMINISTRATIVE REPORTS

7.1. City Manager

7.2. Deputy City Manager/Community Services Director

7.2.1 2022 Heritage Day Post-Event Report
Recommendation: That the City Council receive and file the report.

7.2.2 Update on the Solid Waste and Recycling Franchise Procurement Ad-Hoc Committee Work Efforts.

Recommendation: That the City Council receive an update on the Solid Waste and Recycling Franchise Procurement Ad-Hoc Committee work efforts; and direct staff to proceed forward with Procurement phase of the Memorandum of Understanding Regarding Solid Waste Procurement Services by and between the City of Laguna Hills and the City of Lake Forest (“MOU”) as described in this staff report.

8. MATTERS AGENDIZED AND PRESENTED BY CITY COUNCIL MEMBERS

9. CITY COUNCIL MEMBER COMMITTEE REPORTS

9.1. Committee Assignment Reports
Recommendation: That the City Council receive oral reports on the following City Council Committee Assignments:

City of Laguna Hills City Council/Planning Agency Tuesday, November 15, 2022 Adjourned Regular Meeting Agenda
6 1. OC Public Libraries Library Advisory Board
(Mayor Wheeler)
October 27, 2022 Meeting.

2. Association of California Cities - Orange County Legislative and Regulatory Commission
(Mayor Wheeler)
October 27, 2022 Meeting.

3. OC Mosquito and Vector Control District Board of Trustees (Council Member Pezold)
November 10, 2022 Special Meeting.

10. CITY COUNCIL MEMBER COMMENTS

ADJOURNMENT
The next Regular Meeting of the City Council/Planning Agency will be December 13, 2022, at 7:00 p.m., in the City Council Chamber, located at 24035 El Toro Road, Laguna Hills, California.

CERTIFICATION
I, JENNIFER LEE, City Clerk of the City of Laguna Hills, do hereby certify that a copy of the foregoing Agenda was posted at Laguna Hills City Hall, Laguna Hills Community Center, and the Courtyard at La Paz Center by November 10, 2022, at 5:00 p.m.

November 10, 2022
Jennifer Lee, City Clerk Date
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of the City Clerk at (949) 707-2635. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.

Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 24035 El Toro Road, Laguna Hills, California, during normal business hours.

City Council Members receive no additional compensation or stipend as a result of simultaneously convening meetings of the Laguna Hills Planning Agency.

City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: November 15, 2022
TO: Mayor and Council Members
FROM: Jennifer Lee
City Clerk
ISSUE: Schedule of Future Events
RECOMMENDATION: That the City Clerk announce the upcoming meetings and events.

SUMMARY:

Traffic Commission Meeting
Wednesday, November 16, 7:00 p.m., Laguna Hills Civic Center Council Chamber Movies in the Park – The Santa Clause
Friday, November 18, 6:00 p.m. – 8:00 p.m., Soccer Fields at Laguna Hills Community Center and Sports Complex (Inclement weather location: Community Center Heritage Room) Thanksgiving Holiday – City Hall Closed (Community Center will be open) Thursday, November 24 and Friday, November 25
American Red Cross Blood Drive
Tuesday, December 6, 10:00 a.m. – 4:00 p.m., Heritage Room at Laguna Hills Community Center
Herald in the Holiday tree lighting ceremony and music from a brass choir Thursday, December 8, 6:00 p.m. – 8:00 p.m., Laguna Hills Community Center Breakfast with Santa
Saturday, December 10, 9:00 a.m. – 11:00 a.m., Laguna Hills Community Center

2.1 Packet Pg. 7
Schedule of Future Events
November 15, 2022

Page 2 ends

City Council Meeting
Tuesday, December 13, 7:00 p.m., Laguna Hills Civic Center Council Chamber including City Council Reorganization
Visit from Santa including professional carolers and refreshments Wednesday, December 14, 6:00 p.m. – 8:00 p.m., Laguna Hills Community Center Plaza Parents Night Out drop your kids off for fun activities while you do some holiday shopping Friday, December 16, 6:00 p.m. – 9:00 p.m., Laguna Hills Community Center Gymnasium

2.1 Packet Pg. 8
City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: November 15, 2022
TO: Mayor and Council Members
FROM: Jennifer Lee
City Clerk
ISSUE: Approval of Minutes for October 25, 2022, Regular Meeting RECOMMENDATION: That the City Council approve the City Council Minutes for the October 25, 2022, Regular Meeting.

ATTACHMENTS:
• 221025 CC Minutes

4.2 Packet Pg. 9

CITY OF LAGUNA HILLS

CITY COUNCIL/PLANNING AGENCY

REGULAR MEETING

MINUTES
Tuesday, October 25, 2022
GENERAL BUSINESS - CONVENING AT 7:00 PM

CALL TO ORDER
The meeting was called to order at 7:00 p.m. by Mayor Wheeler.

INVOCATION: Chaplain Kai Chur of the 3rd Battalion, 5th Marines PLEDGE OF ALLEGIANCE: Boy Scout Troop 12

ROLL CALL OF CITY COUNCIL MEMBERS
Attendee Name Title Status Arrived
Dave Wheeler Mayor Present
Janine Heft Mayor Pro Tempore Present
Don Caskey Council Member Present
Erica Pezold Council Member Present
Don Sedgwick Council Member Present
Mayor Wheeler announced that Item No. 8.1.1 on tonight’s Agenda will be tabled for consideration at a future meeting.

1. PRESENTATIONS AND PROCLAMATIONS

1.1 Laguna Hills High School Student Liaison
The City Council received a PowerPoint presentation from Laguna Hills High School 2022 Fall Student Liaison Ella Carnahan.

1.2 3rd Battalion, 5th Marines
The City Council received an update from Maj. Matthew Alvis on the 3rd Battalion, 5th Marines activities.

1.3 Presentation on Proposed Improvements to the Fossil Exhibits Located at the Laguna Hills Community Center
The City Council received a PowerPoint presentation from Deputy City Manager/Community Services Director Reynolds and Carol Stadum, Paleontologist on proposed improvements to the Community Center's fossil exhibits.

4.2.a
Packet Pg. 10
Attachment: 221025 CC Minutes (3000 : Approval of Minutes for October 25, 2022 Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, October 25, 2022 Regular Meeting Minutes
2 1.4 Recognition of Janice Reyes
The City Council recognized Janice Reyes for 28 years of service to the City and Mayor Wheeler presented a City Tile and a Certificate of Recognition to Ms. Reyes.

2. SCHEDULE OF FUTURE EVENTS

2.1 Schedule of Future Events
City Clerk Lee announced the upcoming meetings and events.

3. PUBLIC COMMENTS
There were no public comments on non-agendized items.

4. CONSENT CALENDAR
Motion to approve the Consent Calendar with Mayor Wheeler removing Item No. 4.4.

RESULT: APPROVED [UNANIMOUS]
MOVER: Erica Pezold, Council Member
SECONDER: Janine Heft, Mayor Pro Tempore
AYES: Dave Wheeler, Mayor; Janine Heft, Mayor Pro Tempore; Don Caskey, Council Member; Erica Pezold, Council Member; Don Sedgwick, Council Member

4.2 Approval of Minutes for October 11, 2022, Regular Meeting Recommendation: That the City Council approve the City Council Minutes for the October 11, 2022, Regular Meeting.

4.3 Ratification of October 25, 2022, Warrant Register
Recommendation: That the City Council ratify the accompanying Warrant Register for the period from September 30, 2022, to October 13, 2022, in the amount of $1,079,064.51.

4.2.a
Packet Pg. 11
Attachment: 221025 CC Minutes (3000 : Approval of Minutes for October 25, 2022 Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, October 25, 2022 Regular Meeting Minutes
3 ITEMS REMOVED FROM THE CONSENT CALENDAR

4.4 Proposed Amendment No. 3 to the Consulting Services Agreement with Eco/Nomics, Inc., for Continued Solid Waste and Recycling Consulting Services
Mayor Wheeler removed Item No. 4.4 from the Consent Calendar to request additional information on the item.

City Manager Hildenbrand responded to Council Member requests for additional information.

Recommendation: That the City Council: 1) Waive formal competitive bidding requirements and procedures set forth in the City of Laguna Hills Municipal Code (LHMC) Section 3-08.150 pursuant to the exceptions set forth in LHMC Sections 3-08.110(I) and (J), for approval of the proposed Amendment No. 3 to the Consulting Services Agreement for Solid Waste and Recycling Consulting Services with Eco/Nomics, Inc.; 2) Approve proposed Amendment No. 3 to the Consulting Services Agreement with Eco/Nomics, Inc., increasing the maximum contract amount by $150,000 from $578,000 to $728,000; and 3) Authorize the Mayor or the Mayor Pro Tempore to sign the proposed Amendment No. 3.

RESULT: APPROVED [UNANIMOUS]
MOVER: Dave Wheeler, Mayor
SECONDER: Janine Heft, Mayor Pro Tempore
AYES: Dave Wheeler, Mayor; Janine Heft, Mayor Pro Tempore; Don Caskey, Council Member; Erica Pezold, Council Member; Don Sedgwick, Council Member

5. PLANNING AGENCY
There were no separate Planning Agency Business Items for this meeting.

6. CITY COUNCIL PUBLIC HEARINGS
There were no City Council public hearings.

7. ADMINISTRATIVE REPORTS

7.1. City Manager
The City Manager gave no Administrative Reports.

4.2.a
Packet Pg. 12
Attachment: 221025 CC Minutes (3000 : Approval of Minutes for October 25, 2022 Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, October 25, 2022 Regular Meeting Minutes
4 7.2. Deputy City Manager/Community Services Director

7.2.1 2022 Holiday Season Events Schedule
Deputy City Manager/Community Services Director Reynolds reviewed the information in the staff report, provided a PowerPoint presentation, and responded to Council Member requests for additional information.

Recommendation: That the City Council receive and file the report.

RESULT: RECEIVE AND FILE [UNANIMOUS]
MOVER: Janine Heft, Mayor Pro Tempore
SECONDER: Don Sedgwick, Council Member
AYES: Dave Wheeler, Mayor; Janine Heft, Mayor Pro
Tempore; Don Caskey, Council Member;
Erica Pezold, Council Member; Don Sedgwick,
Council Member

7.3. Community Development Director

7.3.1 2022 Building and Fire Codes Adoption
Community Development Director Longenecker reviewed the information in the staff report, provided a PowerPoint presentation, read the two Ordinance titles into the record, and responded to Council Member requests for additional information.

Kent Tsen, Building Official, Charles Abbot Associates, Inc., responded to Council Member requests for additional information.

Shawn Fraley, Sr. Fire Prevention Specialist, Orange County Fire Authority responded to Council Member request for additional information.

City Attorney Simonian responded to Council Members requests for additional information.

Recommendation: That the City Council take the following actions:
1) Introduce for first reading, read by title only, and waive further reading of an Ordinance entitled: “An Ordinance of the City of Laguna Hills, California, amending Title 10 (Buildings And Construction) of the Laguna Hills Municipal Code and adopting by reference the 2022 Edition of the California Building Standards Code (California Code of Regulations, Title 24), consisting of the 2022 California Building Code, the 2022 California Residential Code, the 2022 California Electrical Code, the 2022

4.2.a
Packet Pg. 13
Attachment: 221025 CC Minutes (3000 : Approval of Minutes for October 25, 2022 Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, October 25, 2022 Regular Meeting Minutes
5 California Mechanical Code, the 2022 California Plumbing Code, the 2022 California Energy Code, the 2022 California Historical Building Code, the 2022 California Existing Building Code, the 2022 California Green Building Standards Code, and the 2022 California Referenced Standards Code, together with certain amendments, additions, and deletions thereto; and adopting by reference the 2021 International Property Maintenance Code.”
2) Introduce for first reading, read by title only, and waive further reading of an Ordinance entitled: “An Ordinance of the City of Laguna Hills, California, amending Chapter 5-16 (Fire Code) of Title 5 (Health and Sanitation) of the Laguna Hills Municipal Code and adopting by reference the 2022 Edition of the California Fire Code including Appendices B, BB, C, and CC, together with certain amendments, additions, and deletions thereto."
3) Direct staff to place the Ordinances on the November 15, 2022, meeting agenda for a Public Hearing and second reading, and to publish the hearing notice.

A motion to move staff’s recommendation and direct staff to further research possible options not adopt specific sections of the codes, including consulting the local utilities and other cities, was made by Council Member Caskey, seconded by Council Member Sedgwick.

RESULT: APPROVED [UNANIMOUS]
MOVER: Don Caskey, Council Member
SECONDER: Don Sedgwick, Council Member
AYES: Dave Wheeler, Mayor; Janine Heft, Mayor Pro
Tempore; Don Caskey, Council Member;
Erica Pezold, Council Member; Don Sedgwick,
Council Member

8. MATTERS AGENDIZED AND PRESENTED BY CITY COUNCIL MEMBERS

8.1. Mayor Wheeler
Mayor Wheeler tabled Item No. 8.1.1 for consideration at a future meeting.

8.1.1 Notification Letter to Existing Short Term Rentals

4.2.a
Packet Pg. 14
Attachment: 221025 CC Minutes (3000 : Approval of Minutes for October 25, 2022 Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, October 25, 2022 Regular Meeting Minutes
6 Recommendation: Mayor Wheeler recommends that the City Council direct staff to draft and distribute a notification letter to the owners of existing short-term rentals located in the City, advising that short term rentals are not a permitted use in the City of Laguna Hills because they are not enumerated in the City’s Development Code listings of permitted uses, and any use not specifically enumerated is considered prohibited.

9. CITY COUNCIL MEMBER COMMITTEE REPORTS

9.1. Committee Assignment Reports
Recommendation: That the City Council receive oral reports on the following City Council Committee Assignments:

1. OC Mosquito and Vector Control District Board of Trustees (Council Member Pezold)
October 20, 2022 Meeting
Council Member Pezold provided an oral report.

2. Orange County Transportation Authority Citizens Advisory Committee (Mayor Wheeler)
October 18, 2022 Meeting
Mayor Wheeler provided an oral report.

10. CITY COUNCIL MEMBER COMMENTS
Council Member Sedgwick
Council Member Sedgwick requested a discussion regarding adoption of a resolution opposing certain state restrictions that increase costs for tax payers be agendized for future meeting and received a second from Mayor Wheeler Council Member Caskey
Council Member Caskey provided information regarding the process of developing the state building codes.

Council Member Caskey spoke about his experience working with the military and the dedication of military personnel toward their service.

Mayor Wheeler
Mayor Wheeler encouraged everyone to get out and vote.

4.2.a
Packet Pg. 15
Attachment: 221025 CC Minutes (3000 : Approval of Minutes for October 25, 2022 Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, October 25, 2022 Regular Meeting Minutes
7 ADJOURNMENT
There being no further business before the City Council at this session, at 9:06 p.m., Mayor Wheeler adjourned the meeting to November 15, 2022 at 7:00 p.m. in the City Council Chamber.

Jennifer Lee, City Clerk
ATTEST:

Dave Wheeler, Mayor
Approved at meeting of November 15, 2022

4.2.a
Packet Pg. 16
Attachment: 221025 CC Minutes (3000 : Approval of Minutes for October 25, 2022 Regular Meeting) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: November 15, 2022
TO: Mayor and Council Members
FROM: Janice Reyes
Finance Director
ISSUE: Ratification of November 15, 2022, Warrant Register RECOMMENDATION: That the City Council ratify the accompanying Warrant Register for the period from October 14, 2022, to November 3, 2022, in the amount of $462,874.87.

SUMMARY:

The City issues accounts payable disbursements on a regular basis and presents it to City Council for ratification at its next regularly scheduled City Council Meeting. The attached Warrant Register containing checks and electronic funds transfers for the period from October 14, 2022, to November 3, 2022, is being presented for ratification by the City Council. Payments have been reviewed and approved by the appropriate departmental staff. The Director of Finance certifies to the accuracy of the attached register and to the availability of monies for payment thereof.

ATTACHMENTS:
• Warrant Register - November 15, 2022
• Payables Detail Report - November 15, 2022

4.3 Packet Pg. 17
Payment Amount
2,532.13
285.54
916.64
1,483.30
1,233.00
500.00
250.00
4,374.28
3,037.57
500.00
400.00
300.77

19.12 605.87
691.58
12,363.42
5,485.69
500.00
344.80
1,372.00
34,233.97

24.78 675.00
5,814.22
402.05

20.00 630.00

27.50 1,000.00
354.78

40.00 5.00
100.00

70.00 3,432.00
6,527.48
180.00

85.21 979.41
635.00
4,410.57
550.00
3,037.57
169.95
11,750.00
2,194.80
6,949.56
433.80
119.56
435.00
1,135.00
21,631.94
102.46
11/9/2022 10:26:31 PM Page 1 of 4
1256 R-1977 RJ ELECTRIC 10/27/2022
1257 S-1902 SAN DIEGO GAS AND ELECTRIC 10/27/2022
1258 S-1904 SOUTHERN CALIFORNIA EDISON 10/27/2022
1253 O-1546 OFFICE SOLUTIONS 10/27/2022
1254 O-1610 ORACLE AMERICA, INC. 10/27/2022
1255 P-1824 PACKET FUSION, INC. 10/27/2022
1250 H-0960 HR GREEN PACIFIC, INC. 10/27/2022
1251 J-1057 JAMEY CLARK, INC. 10/27/2022
1252 M-1302 MOULTON NIGUEL WATER DISTRICT 10/27/2022
1247 G-0861 GOVERNMENT TAX SEMINARS, LLC 10/27/2022
1248 H-0848 HDL, COREN AND CONE 10/27/2022
1249 H-0934 HOME DEPOT 10/27/2022
1244 C-0023 COX COMMUNICATION 10/27/2022
1245 D-0461 DATA TICKET, INC. 10/27/2022
1246 F-0720 FRIEDMAN IMAGING 10/27/2022
1241 A-0138 ALL CITY MANAGEMENT, INC. 10/27/2022
1242 B-0304 BEE MAN, THE 10/27/2022
1243 C-1139 COMPLETE OFFICE OF CALIFORNIA 10/27/2022
1238 Z-CS-0110 WATANABE, YUMI 10/27/2022
1239 Z-CS-0379 WONG, CAROLE 10/27/2022
1240 A-0317 ABRAHAM, MICHAEL 10/27/2022
1235 Z-CD-0356 POOMI, CHRISTINE AND ERIC 10/27/2022
1236 Z-CD-0350 RENEWAGE ENERGY SOLUTIONS 10/27/2022
1237 Z-CD-0004 SUN POWER CORPORATION SYSTEMS 10/27/2022 1232 L-1382 LOYA, RICKY 10/27/2022
1233 Z-CS-0364 NATIONAL CHARITY LEAGUE - LAGUNA NIGUEL 10/27/2022 1234 Z-CD-0145 POOL LOGIC 10/27/2022
1229 Z-CD-0374 HAN, HYUN 10/27/2022
1230 H-0964 HERITAGE DESIGN GROUP | SIGNS & GRAPHICS 10/27/2022 1231 Z-CS-0363 KATSUYAMA, LAUREN 10/27/2022
1226 R-1801 WOODRUFF, SPRADLIN AND SMART 10/20/2022
1227 A-0349 A SOURCE OF PRIDE 10/27/2022
1228 Z-CD-0308 AMINI, ALI 10/27/2022
1223 Z-CD-0394 SUNSET POOLS AND SPAS INC 10/20/2022
1224 T-2712 TOTAL SOURCE OFFICEWORKS 10/20/2022
1225 W-2377 WILLDAN ENGINEERING 10/20/2022
1220 S-2289 SANDS, CINDY 10/20/2022
1221 S-1904 SOUTHERN CALIFORNIA EDISON 10/20/2022
1222 S-1904 SOUTHERN CALIFORNIA EDISON 10/20/2022
1217 M-1388 MOBILE MINI, INC. 10/20/2022
1218 O-1546 OFFICE SOLUTIONS 10/20/2022
1219 O-1500 ORANGE COUNTY REGISTER 10/20/2022
1214 H-0848 HDL, COREN AND CONE 10/20/2022
1215 Z-CD-0393 KRISPIN, SHANI 10/20/2022
1216 L-1391 LEON, HECTOR 10/20/2022
1211 Z-CD-0392 GENTILI CUSTOM POOLS 10/20/2022
1212 G-0710 GOV'T FINANCE OFFICERS ASSN 10/20/2022
1213 H-0829 HARTZOG AND CRABILL, INC. 10/20/2022
1208 C-0060 COUNTY OF ORANGE PF RD FINANCIAL SERVICES 10/20/2022 1209 C-1008 COUNTY OF ORANGE, NPDES 10/20/2022
1210 C-1190 FINGERPRINT ID (AFIS) LAW ENF. - COUNTY OF ORANGE 10/20/2022 Payment Type: Regular
1206 A-0378 A.Y. NURSERY, INC. 10/20/2022
1207 A-0365 AT AND T - CALNET 3 10/20/2022
Warrant Register - November 15, 2022
City of Laguna Hills, CA By Check Number
Date Range: 10/14/2022 - 11/03/2022
Check Number Vendor Number Vendor Name Payment Date

4.3.a
Packet Pg. 18
Attachment: Warrant Register - November 15, 2022 (3006 : Warrant Register, November 15, 2022) Payment Amount

48.70 175.27
431.00
113.14
29,371.00

22.00 250.00
100.00
124.80
695.00
1,515.60
544.00
1,814.46
73,534.28
9,421.05
1,009.84
3,660.00
13,297.30
1,028.71
145.00
3,644.70
7,725.28
937.97
183.20
125.00
20,639.25

75.00 3,057.84
225.71
87,636.69
340.65
2,880.00
8,998.05

15.00 180.50
205.80
142.27
11,000.00
798.36
Total Regular: 431,464.74
11/9/2022 10:26:31 PM Page 2 of 4
1295 U-2165 UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA 11/03/2022 1296 W-2448 WEST GATE CONTRACTOR 11/03/2022
1297 W-2450 WEX BANK 11/03/2022
1292 Z-CS-0396 SHOBE, JANE 11/03/2022
1293 S-2296 SHUTE, MIHALY WEINBERGER LLP 11/03/2022
1294 S-1949 SMART AND FINAL 11/03/2022
1289 O-1546 OFFICE SOLUTIONS 11/03/2022
1290 R-1977 RJ ELECTRIC 11/03/2022
1291 S-1935 SAN JOAQUIN HILLS TRANSPORT CORRIDOR AGENCY 11/03/2022 1286 M-1600 MERCY HOUSE LIVING CENTERS, INC. 11/03/2022 1287 M-1388 MOBILE MINI, INC. 11/03/2022
1288 N-1474 NIEVES LANDSCAPE, INC. 11/03/2022
1283 D-0561 DOCU-TRUST 11/03/2022
1284 E-0504 EL TORO WATER DISTRICT 11/03/2022
1285 L-1392 LASKA, KIERSTIN ALICIA 11/03/2022
1280 D-0453 DEPARTMENT OF CONSERVATION 11/03/2022
1281 D-0541 DIAMOND ENVIRONMENTAL SERVICES 11/03/2022
1282 D-0423 DIVISION OF THE STATE ARCHITECT STATE OF CALIFORNIA 11/03/2022 1277 C-0023 COX COMMUNICATION 11/03/2022
1278 C-0349 CPRS - SOUTH REGION 11/03/2022
1279 C-1122 CROSSTOWN ELECTRICAL AND DATA, INC. 11/03/2022 1274 C-1139 COMPLETE OFFICE OF CALIFORNIA 11/03/2022
1275 C-0060 COUNTY OF ORANGE PF RD FINANCIAL SERVICES 11/03/2022 1276 C-1008 COUNTY OF ORANGE, NPDES 11/03/2022
1271 C-1177 CANON FINANCIAL SERVICES, INC. 11/03/2022
1272 C-1144 CHARLES ABBOTT ASSOCIATES, INC 11/03/2022
1273 C-0362 CITY OF LAKE FOREST 11/03/2022
1268 B-0304 BEE MAN, THE 11/03/2022
1269 C-1102 CALIFORNIA BUILDING STANDARDS COMMISSION 11/03/2022 1270 C-1133 CALIFORNIA YELLOW CAB 11/03/2022
1265 Z-CS-0052 ARIAS, YOLANDA 11/03/2022
1266 G-0784 ARMIN J. GOMEZ 11/03/2022
1267 A-0385 ASH, JENNIFER 11/03/2022
1262 S-2209 STUDIO TWO BLACK DIAMOND 10/27/2022
1263 W-2337 WEST COAST ARBORISTS, INC. 10/27/2022
1264 D-0415 DEPARTMENT OF MOTOR VEHICLES 11/01/2022
1259 S-2295 SOUTHERN COMPUTER WAREHOUSE 10/27/2022
1260 S-2250 SPARKLETTS 10/27/2022
1261 S-2095 STONE IMAGERY 10/27/2022
Warrant Register - November 15, 2022 Date Range: 10/14/2022 - 11/03/2022 Check Number Vendor Number Vendor Name Payment Date

4.3.a
Packet Pg. 19
Attachment: Warrant Register - November 15, 2022 (3006 : Warrant Register, November 15, 2022) Payment Amount
280.00
1,393.50
14,433.93
844.92

20.00 2,567.53
11,870.25
128 99 0.00 462,874.87
11/9/2022 10:26:31 PM Page 3 of 4
Bank Drafts 7 7 0.00 31,410.13
EFT's 0 0 0.00 0.00
Manual Checks 0 0 0.00 0.00
Voided Checks 0 0 0.00 0.00
Total Bank Draft: 31,410.13
Bank Code AP Bank Summary
Payable
Count
Payment
Payment Type Count Discount Payment
Regular Checks 121 92 0.00 431,464.74
DFT0002196 B-0276 BANK OF AMERICA VISA CARD 10/14/2022
DFT0002197 B-0276 BANK OF AMERICA VISA CARD 10/14/2022
DFT0002202 H-0966 HIGH LEVEL SECURITY SOLUTIONS, INC. 10/20/2022 DFT0002193 B-0276 BANK OF AMERICA VISA CARD 10/14/2022
DFT0002194 B-0276 BANK OF AMERICA VISA CARD 10/14/2022
DFT0002195 B-0276 BANK OF AMERICA VISA CARD 10/14/2022
Warrant Register - November 15, 2022 Date Range: 10/14/2022 - 11/03/2022 Check Number Vendor Number Vendor Name Payment Date
Payment Type: Bank Draft
DFT0002192 B-0276 BANK OF AMERICA VISA CARD 10/14/2022

4.3.a
Packet Pg. 20
Attachment: Warrant Register - November 15, 2022 (3006 : Warrant Register, November 15, 2022) 11/9/2022 10:26:31 PM Page 4 of 4
998 POOL 10/2022 206,901.56
998 POOL 11/2022 255,973.31
462,874.87
128 99 0.00 462,874.87
Fund Summary
Fund Name Period Amount
Bank Drafts 7 7 0.00 31,410.13
EFT's 0 0 0.00 0.00
Manual Checks 0 0 0.00 0.00
Voided Checks 0 0 0.00 0.00
All Bank Codes Check Summary
Payable
Count
Payment
Payment Type Count Discount Payment
Regular Checks 121 92 0.00 431,464.74
Warrant Register - November 15, 2022 Date Range: 10/14/2022 - 11/03/2022

4.3.a
Packet Pg. 21
Attachment: Warrant Register - November 15, 2022 (3006 : Warrant Register, November 15, 2022) Amount
11/9/2022 10:28:21 PM Page 1 of 7
10/20/2022 SANDS, CINDY 101422 Petty Cash Replenishment, Oct '22 100-355-611000 64.00 10/20/2022 SANDS, CINDY 101422 Petty Cash Replenishment, Oct '22 100-420-695000 123.28 10/20/2022 LEON, HECTOR 102022 Heritage Day, Oct '22 100-310-695531 400.00 10/20/2022 SANDS, CINDY 101422 Petty Cash Replenishment, Oct '22 100-195-620000 43.98 10/20/2022 SANDS, CINDY 101422 Petty Cash Replenishment, Oct '22 100-195-622000 23.66 10/20/2022 SANDS, CINDY 101422 Petty Cash Replenishment, Oct '22 100-310-622005 142.37 10/20/2022 SOUTHERN CALIFORNIA EDISON 100722 - Acct #700234509668 Street Lights, Traffic Control, Aug & Sep '22
100-356-631400 11,475.01
10/20/2022 ORANGE COUNTY REGISTER 101022 Subscription, City Hall, 11/7/22 - 2/6/23
100-155-626000 605.87
10/20/2022 SANDS, CINDY 101422 Petty Cash Replenishment, Oct '22 100-155-622000 294.29 10/20/2022 SOUTHERN CALIFORNIA EDISON 100322 - Acct #700162476559 Street Lights, Traffic Control, Jul - Sep '22
100-356-631400 1,157.86
10/20/2022 SOUTHERN CALIFORNIA EDISON 100322 - Acct #700162476559 Street Lights, Traffic Control, Jul - Sep '22
100-356-631900 4,327.83
10/20/2022 SOUTHERN CALIFORNIA EDISON 100722 - Acct #700234509668 Street Lights, Traffic Control, Aug & Sep '22
100-355-631000 888.41
10/20/2022 GOV'T FINANCE OFFICERS ASSN 0242002 Membership, JR, FY 21/22 100-155-610000 250.00 10/20/2022 COUNTY OF ORANGE PF RD

FINANCIAL SERVICES
093022, #RFR22-00060 Remittance, Carits, Moulton Fees, Jul - Sep '22
100-000-221003 119.91
10/20/2022 COUNTY OF ORANGE PF RD

FINANCIAL SERVICES
093022, #RFR22-00060 Remittance, Carits, Moulton Fees, Jul - Sep '22
100-000-221004 796.73
10/20/2022 WILLDAN ENGINEERING 00623593 Professional Services, TM-0004- 2021, Jun '22
100-000-220444 588.00
10/20/2022 WILLDAN ENGINEERING 00624138 Professional Services, TM-0004- 2021, Sep '22
100-000-220444 784.00
10/20/2022 A.Y. NURSERY, INC. 0119966 Tree Maintenance, Oct '22 100-355-720702 2,532.13 10/20/2022 AT AND T - CALNET 3 000018884198 Traffic Signal, Public Works, Sep '22 100-356-630000 24.87 10/20/2022 AT AND T - CALNET 3 000018886145 Alarm, Com Ctr & City Hall Lines, Oct '22
100-195-630000 164.00
10/20/2022 AT AND T - CALNET 3 000018886145 Alarm, Com Ctr & City Hall Lines, Oct '22
100-310-630100 96.67
10/14/2022 BANK OF AMERICA VISA CARD 092022 PUBWKS Departmental Expenditure, Sep '22 100-355-622000 189.61 10/14/2022 BANK OF AMERICA VISA CARD 092022 PUBWKS Departmental Expenditure, Sep '22 100-355-720701 68.60 10/14/2022 BANK OF AMERICA VISA CARD 092022 PUBWKS Departmental Expenditure, Sep '22 100-356-646100 272.75 10/14/2022 BANK OF AMERICA VISA CARD 092022 PUBWKS Departmental Expenditure, Sep '22 100-195-940000 96.96 10/14/2022 BANK OF AMERICA VISA CARD 092022 PUBWKS Departmental Expenditure, Sep '22 100-355-610000 180.00 10/14/2022 BANK OF AMERICA VISA CARD 092022 PUBWKS Departmental Expenditure, Sep '22 100-355-611000 37.00 10/14/2022 BANK OF AMERICA VISA CARD 092022 GENGOV2 Departmental Expenditure, Sep '22 100-195-620000 39.91 10/14/2022 BANK OF AMERICA VISA CARD 092022 POLSVCS Departmental Expenditure, Sep '22 100-420-622000 130.02 10/14/2022 BANK OF AMERICA VISA CARD 092022 POLSVCS Departmental Expenditure, Sep '22 100-420-695000 2,437.51 10/14/2022 BANK OF AMERICA VISA CARD 092022 GENGOV2 Departmental Expenditure, Sep '22 100-155-622000 208.09 10/14/2022 BANK OF AMERICA VISA CARD 092022 GENGOV2 Departmental Expenditure, Sep '22 100-155-626000 118.50 10/14/2022 BANK OF AMERICA VISA CARD 092022 GENGOV2 Departmental Expenditure, Sep '22 100-195-617000 1,027.00 10/14/2022 BANK OF AMERICA VISA CARD 092022 COMSVCS Departmental Expenditure, Sep '22 100-310-695507 2,974.50 10/14/2022 BANK OF AMERICA VISA CARD 092022 COMSVCS Departmental Expenditure, Sep '22 100-310-695531 2,574.00 10/14/2022 BANK OF AMERICA VISA CARD 092022 GENGOV1 Departmental Expenditure, Sep '22 100-155-612001 280.00 10/14/2022 BANK OF AMERICA VISA CARD 092022 COMSVCS Departmental Expenditure, Sep '22 100-310-626000 246.59 10/14/2022 BANK OF AMERICA VISA CARD 092022 COMSVCS Departmental Expenditure, Sep '22 100-310-695500 70.01 10/14/2022 BANK OF AMERICA VISA CARD 092022 COMSVCS Departmental Expenditure, Sep '22 100-310-695502 9.99 10/14/2022 BANK OF AMERICA VISA CARD 092022 COMSVCS Departmental Expenditure, Sep '22 100-000-120000 (2.00) 10/14/2022 BANK OF AMERICA VISA CARD 092022 COMSVCS Departmental Expenditure, Sep '22 100-195-720050 3,458.00 10/14/2022 BANK OF AMERICA VISA CARD 092022 COMSVCS Departmental Expenditure, Sep '22 100-195-940000 5,102.84 Payables Detail Report
City of Laguna Hills, CA By Fund
Payment Dates 10/14/2022 - 11/03/2022
Payment Date Vendor Name Payable Number Description (Payable) Account Number Fund: 100 - GENERAL FUND
10/14/2022 BANK OF AMERICA VISA CARD 092022 COMDEV Departmental Expenditure, Sep '22 100-225-610000 20.00

4.3.b
Packet Pg. 22
Attachment: Payables Detail Report - November 15, 2022 (3006 : Warrant Register, November 15, 2022) Amount
10/27/2022 ABRAHAM, MICHAEL 22108 Professional Services, Oct '22 100-195-720050 3,432.00 11/9/2022 10:28:21 PM Page 2 of 7
10/27/2022 HR GREEN PACIFIC, INC. 156418 Public Works Permit Inspections, Sep '22
100-356-700255 11,750.00
10/27/2022 WEST COAST ARBORISTS, INC. 191309 Tree Trimming Services, Sep '22 100-355-720702 29,371.00 10/27/2022 FRIEDMAN IMAGING 2022033 Document Imaging Svcs, Oct '22 100-155-700030 4,410.57 10/27/2022 BEE MAN, THE 120308 Bee Removal, Public Services, Oct '22 100-355-720701 180.00 10/27/2022 SPARKLETTS 12194330 101222 Operating Supplies, Comm Ctr, Oct 100-310-622005 175.27 10/27/2022 DATA TICKET, INC. 143279 Process Fee, Parking Citations, Sep 100-420-720823 635.00 10/27/2022 SOUTHERN CALIFORNIA EDISON 102122 - Acct #700076000453 Street Lights, Traffic Control, Sep '22 100-356-631400 53.32 10/27/2022 LOYA, RICKY 112221 Umpire Fees, Community Services, Nov '21
100-310-622502 90.00
10/27/2022 LOYA, RICKY 112519 Umpire Fees, Community Services, Nov '19
100-310-622502 90.00
10/27/2022 SAN DIEGO GAS AND ELECTRIC 101422 CM Street Lights, Traffic Control, Com Ctr, Aug & Sep
100-356-631400 (6,932.80)
10/27/2022 SAN DIEGO GAS AND ELECTRIC 101422 CM Street Lights, Traffic Control, Com Ctr, Aug & Sep
100-356-631900 (3,364.03)
10/27/2022 SOUTHERN CALIFORNIA EDISON 102122 - Acct #700076000453 Street Lights, Traffic Control, Sep '22 100-355-631000 49.14 10/27/2022 SAN DIEGO GAS AND ELECTRIC 101422 Street Lights, Traffic Control, Com Ctr, Aug & Sep
100-355-631000 10,514.55
10/27/2022 SAN DIEGO GAS AND ELECTRIC 101422 Street Lights, Traffic Control, Com Ctr, Aug & Sep
100-356-631400 2,753.87
10/27/2022 SAN DIEGO GAS AND ELECTRIC 101422 Street Lights, Traffic Control, Com Ctr, Aug & Sep
100-356-631900 3,364.03
10/27/2022 MOULTON NIGUEL WATER DISTRICT 101322 Water Usage, Public Works & Com Ctr, Sep '22
100-310-635100 1,159.98
10/27/2022 MOULTON NIGUEL WATER DISTRICT 101322 Water Usage, Public Works & Com Ctr, Sep '22
100-355-635000 5,789.58
10/27/2022 SAN DIEGO GAS AND ELECTRIC 101422 Street Lights, Traffic Control, Com Ctr, Aug & Sep
100-310-631100 15,296.32
10/27/2022 ORACLE AMERICA, INC. 100526132 Offsite Backup, Aug '22 100-195-720050 60.58 10/27/2022 ORACLE AMERICA, INC. 100556953 Offsite Backup, Sep '22 100-195-720050 58.98 10/27/2022 COX COMMUNICATION 100722 Traffic Signal, Oct '22 100-195-630000 84.00 10/27/2022 LOYA, RICKY 072021 Umpire Fees, Community Services, Jul '21
100-310-622502 90.00
10/27/2022 LOYA, RICKY 073019 Umpire Fees, Community Services, Jul '19
100-310-622502 90.00
10/27/2022 COX COMMUNICATION 100522 T-1 Line, Oct '22 100-195-630000 895.41 10/27/2022 GOVERNMENT TAX SEMINARS, LLC 0022174 Employee Training, Gen Gov, Oct '22 100-155-611000 550.00 10/27/2022 LOYA, RICKY 042519 Umpire Fees, Community Services, Apr '19
100-310-622502 180.00
10/27/2022 LOYA, RICKY 051322 Umpire Fees, Community Services, May '22
100-310-622502 90.00
10/20/2022 COUNTY OF ORANGE, NPDES PW230207 Watershed Monitoring, CIP#410 100-600-790600 1,483.30 10/20/2022 FINGERPRINT ID (AFIS) LAW ENF. -

COUNTY OF ORANGE
SH 62292 Fingerprint ID System Charges, Jun 100-420-720835 1,233.00 10/20/2022 HDL, COREN AND CONE SIN019955 Property Tax Audit, Jul - Sep '22 100-155-700055 3,037.57 10/20/2022 KRISPIN, SHANI CD-0904-POOLR-0115-2022Refund, Pool Bond, REC-008067- 100-000-228001 500.00 10/20/2022 SUNSET POOLS AND SPAS INC CD-0905-POOLR-0110-2022Refund, Pool Bond, REC-007589- 100-000-228001 500.00 10/20/2022 OFFICE SOLUTIONS I-02053829 Operating Supplies, Oct '22 100-195-622000 19.12 10/20/2022 MOBILE MINI, INC. 9015449014 Storage Rental, Community Center, 10/4 - 10/31/22
100-310-641000 82.97
10/20/2022 MOBILE MINI, INC. 9015462815 Storage Rental, Community Center, 10/5 - 11/1/22
100-310-641000 217.80
10/20/2022 GENTILI CUSTOM POOLS CD-0903-POOLR-0090-2021Refund, Pool Bond, REC-006526- 100-000-228001 500.00 10/20/2022 HIGH LEVEL SECURITY SOLUTIONS,
INC.
5484 Private Security Patrol, Sep '22 100-420-720850 11,870.25 10/20/2022 WOODRUFF, SPRADLIN AND SMART 72452 Professional Services Legal, Sep '22 100-155-700010 29,920.00 10/20/2022 WOODRUFF, SPRADLIN AND SMART 72452 Professional Services Legal, Sep '22 100-155-700011 3,344.00 Payables Detail Report Payment Dates: 10/14/2022 - 11/03/2022 Payment Date Vendor Name Payable Number Description (Payable) Account Number 10/20/2022 HARTZOG AND CRABILL, INC. 22-0559(HCI#3502) Traffic Signal Mgmt Services, CIP 168, Sep '22
100-356-700100 2,249.28
10/20/2022 HARTZOG AND CRABILL, INC. 22-0559(HCI#3502) Traffic Signal Mgmt Services, CIP 168, Sep '22
100-600-790600 2,125.00

4.3.b
Packet Pg. 23
Attachment: Payables Detail Report - November 15, 2022 (3006 : Warrant Register, November 15, 2022) Amount
11/03/2022 COUNTY OF ORANGE PF RD

FINANCIAL SERVICES
063022, #RFR22-00052 Remittance, Carits, Moulton Fees,
Apr - Jun '22
100-000-221003 625.00
11/03/2022 COUNTY OF ORANGE PF RD

FINANCIAL SERVICES
063022, #RFR22-00052 Remittance, Carits, Moulton Fees,
Apr - Jun '22
100-000-221004 3,035.00
11/9/2022 10:28:21 PM Page 3 of 7
11/03/2022 DIAMOND ENVIRONMENTAL 0004110904 Program Expense, Build a Fort, Aug 100-310-695501 937.97 11/03/2022 DOCU-TRUST 047867 Offsite Data Storage, Oct '22 100-155-700030 125.00 11/03/2022 SAN JOAQUIN HILLS TRANSPORT

CORRIDOR AGENCY
063022 Remit, Transportation Corrider Fees,
Apr - Jun '22
100-000-221005 7,792.96
10/27/2022 PACKET FUSION, INC. PB15269 Phone System Support, Sep '22 100-195-646000 435.00 10/27/2022 HDL, COREN AND CONE SIN022272 Property Tax Audit, Oct - Dec '22 100-155-700055 3,037.57 11/01/2022 DEPARTMENT OF MOTOR VEHICLES 110122 Clean Air Vehicle Decal, Nov '22 100-000-120000 22.00 10/27/2022 OFFICE SOLUTIONS I-02056793 Office/Operating Supplies, Oct '22 100-195-620000 329.40 10/27/2022 OFFICE SOLUTIONS I-02056793 Office/Operating Supplies, Oct '22 100-195-622000 104.40 10/27/2022 SOUTHERN COMPUTER WAREHOUSE INV00754135 Software License, Oct '22 100-195-720050 48.70 10/27/2022 WONG, CAROLE FRD-0257 Refund, Facility Deposit, R #1034567.002
100-000-451100 (180.00)
10/27/2022 WATANABE, YUMI FRD-0278 Refund, Facility Deposit, R #1034921.002
100-000-222000 250.00
10/27/2022 WATANABE, YUMI FRD-0278 Refund, Facility Deposit, R #1034921.002
100-000-451100 (150.00)
10/27/2022 NATIONAL CHARITY LEAGUE -

LAGUNA NIGUEL
FRD-0246 Refund, Facility Deposit, R
#1032703.002
100-000-222000 500.00
10/27/2022 NATIONAL CHARITY LEAGUE -

LAGUNA NIGUEL
FRD-0246 Refund, Facility Deposit, R
#1032703.002
100-000-451100 (472.50)
10/27/2022 WONG, CAROLE FRD-0257 Refund, Facility Deposit, R #1034567.002
100-000-222000 250.00
10/27/2022 POOMI, CHRISTINE AND ERIC CD-0826-PLMR-0810-2021Refund, Permit Fees, REC-006450- 2021
100-000-442000 18.01
10/27/2022 HAN, HYUN CD-0859-USE-0077-2021 Refund, Plan Fees, REC-005688-2021 100-000-223000 5,814.22 10/27/2022 KATSUYAMA, LAUREN CSP-0026 Refund, Program, R #1017970.001 100-000-451000 20.00 10/27/2022 POOMI, CHRISTINE AND ERIC CD-0825-MECR-0642-2021Refund, Permit Fees, REC-006449- 2021
100-000-221012 4.00
10/27/2022 POOMI, CHRISTINE AND ERIC CD-0825-MECR-0642-2021Refund, Permit Fees, REC-006449- 2021
100-000-442000 18.01
10/27/2022 POOMI, CHRISTINE AND ERIC CD-0826-PLMR-0810-2021Refund, Permit Fees, REC-006450- 2021
100-000-221012 4.00
10/27/2022 POOMI, CHRISTINE AND ERIC CD-0824-BLDR-1066-2021 Refund, Permit Fees, REC-006447- 2021
100-000-221012 4.00
10/27/2022 POOMI, CHRISTINE AND ERIC CD-0824-BLDR-1066-2021 Refund, Permit Fees, REC-006447- 2021
100-000-227001 100.00
10/27/2022 POOMI, CHRISTINE AND ERIC CD-0824-BLDR-1066-2021 Refund, Permit Fees, REC-006447- 2021
100-000-442000 204.76
10/27/2022 RENEWAGE ENERGY SOLUTIONS CD-0799-ELEC-0120-2021 Refund, Plan Check Fees, REC005772-2021100-000-442005 40.00 10/27/2022 POOL LOGIC CD-0821-POOLR-0063-2021Refund, Pool Bond, REC-004783- 100-000-228001 500.00 10/27/2022 POOMI, CHRISTINE AND ERIC CD-0824-BLDR-1066-2021 Refund, Permit Fees, REC-006447- 2021
100-000-221011 2.00
10/27/2022 STUDIO TWO BLACK DIAMOND 99337 Printing Services, Oct '22 100-195-623000 113.14 10/27/2022 SUN POWER CORPORATION CD-0708-ELER-0607-2020 (2) Refund, Permit Fees, R #6110 100-000-459004 5.00 10/27/2022 POOL LOGIC CD-0774-SP-5-19-18420 Refund, Pool Bond, R #4216 100-000-228001 500.00 10/27/2022 JAMEY CLARK, INC. 73437 Park Repairs, Public Services, Oct '22 100-355-720701 1,818.80 10/27/2022 ALL CITY MANAGEMENT, INC. 80552 Crossing Guard Services, 10/2/22 - 10/15/22
100-420-720822 6,527.48
10/27/2022 A SOURCE OF PRIDE 9110524 Operating Supplies, Jul '22 100-195-622000 24.78 10/27/2022 HOME DEPOT 6060024 Heritage Day, Sep '22 100-310-695531 157.06 10/27/2022 RJ ELECTRIC 61259 Parks Contract Repair, Oct '22 100-355-720701 1,135.00 10/27/2022 JAMEY CLARK, INC. 73380 Graffiti Removal, Public Services, Sep '22
100-355-720500 376.00
10/27/2022 COMPLETE OFFICE OF CALIFORNIA 2709960-0 Computer Supplies, Oct '22 100-195-621000 85.21 10/27/2022 STONE IMAGERY 28075 Office Supplies, Oct '22 100-155-620000 431.00 10/27/2022 HOME DEPOT 4071265 Heritage Day, Sep '22 100-310-695531 12.89 Payables Detail Report Payment Dates: 10/14/2022 - 11/03/2022 Payment Date Vendor Name Payable Number Description (Payable) Account Number 10/27/2022 HERITAGE DESIGN GROUP | SIGNS &

GRAPHICS
26416 Maint & Repairs - Vehicles, Apr '22 100-420-646100 402.05

4.3.b
Packet Pg. 24
Attachment: Payables Detail Report - November 15, 2022 (3006 : Warrant Register, November 15, 2022) Amount
Fund 100 - GENERAL FUND Total: 413,626.68
Fund: 212 - MEASURE M
11/03/2022 UNDERGROUND SERVICE ALERT OF

SOUTHERN CALIFORNIA
1020220374 Street Maintenance, Oct '22 212-355-720400 104.50 11/9/2022 10:28:21 PM Page 4 of 7
11/03/2022 SHOBE, JANE FRD-0285 Refund, Facility Deposit, R #1035100.002
100-000-451100 (485.00)
11/03/2022 OFFICE SOLUTIONS I-02059683 Office Supplies, Oct '22 100-195-620000 340.65 11/03/2022 COUNTY OF ORANGE, NPDES PW230301 Newport Bay, Watershed Monitoring, CIP #410
100-600-790600 13,297.30
11/03/2022 MOBILE MINI, INC. 9015695020 Storage Rental, Community Center, 10/26 - 11/22/22
100-310-641000 225.71
11/03/2022 ARIAS, YOLANDA FRD-0284 Refund, Faciltiy Deposit, R #1035151.002
100-000-222000 250.00
11/03/2022 SHOBE, JANE FRD-0285 Refund, Facility Deposit, R #1035100.002
100-000-222000 500.00
11/03/2022 WEX BANK 84609322 COMSVCS Vehicle Fuel, Oct '22 100-310-613100 23.83 11/03/2022 WEX BANK 84609769 PUBWKS Vehicle Fuel, Oct '22 100-356-613100 505.60 11/03/2022 WEX BANK 84609778 COMDEV Vehicle Fuel, Oct '22 100-225-613100 268.93 11/03/2022 CHARLES ABBOTT ASSOCIATES, INC 64868 Contract Staffing Services, Sep '22 100-225-720512 9,817.50 11/03/2022 CHARLES ABBOTT ASSOCIATES, INC 64869 Professional Services, Sep '22 100-225-700000 25,759.88 11/03/2022 NIEVES LANDSCAPE, INC. 73084 Monthly and Misc Landscape, Oct '22 100-355-720700 87,636.69 11/03/2022 RJ ELECTRIC 61238 Parks Contract Repair, Comm Ctr, Oct '22
100-310-695500 1,440.00
11/03/2022 RJ ELECTRIC 61238 Parks Contract Repair, Comm Ctr, Oct '22
100-355-720701 1,440.00
11/03/2022 CHARLES ABBOTT ASSOCIATES, INC 64781-A PARKS COMM CTR BILLING Public Works Other, Sep '22 100-355-720410 225.00 11/03/2022 WEST GATE CONTRACTOR 42 Graffiti Removal, Public Works, Oct 100-355-720500 11,000.00 11/03/2022 CROSSTOWN ELECTRICAL AND DATA,
INC.
4296-22-010 Traffic Signal Maintenance, Oct '22 100-356-720420 3,644.70 11/03/2022 MERCY HOUSE LIVING CENTERS, INC. 5003-22-07 Contract Services - Homelessness, Jul '22
100-310-720302 3,057.84
11/03/2022 SMART AND FINAL 3831400007101 Office & Operating Supplies, Oct '22 100-155-622000 128.48 11/03/2022 SMART AND FINAL 3831400007101 Office & Operating Supplies, Oct '22 100-195-620000 68.89 11/03/2022 SMART AND FINAL 3831400007101 Office & Operating Supplies, Oct '22 100-195-622000 8.43 11/03/2022 CANON FINANCIAL SERVICES, INC. 29351053 Lease - Copier, Comm Ctr, 10/1/22 - 10/31/22
100-195-641200 279.86
11/03/2022 CANON FINANCIAL SERVICES, INC. 29351054 Lease - Copier, City Hall, 10/1/22 - 10/31/22
100-195-641200 253.84
11/03/2022 CANON FINANCIAL SERVICES, INC. 29351055 Lease - Copier, New Admin Copier, 10/1 - 10/31/22
100-195-630000 1,280.76
11/03/2022 ARMIN J. GOMEZ 1300 City Anniversary Expense, Nov '22 100-310-695530 100.00 11/03/2022 COMPLETE OFFICE OF CALIFORNIA 2711824-0 Computer Supplies, Oct '22 100-195-621000 1,009.84 11/03/2022 SHUTE, MIHALY WEINBERGER LLP 278815 Professional Services, Legal, Sep '22 100-155-700011 180.50 11/03/2022 EL TORO WATER DISTRICT 110122 Water Usage, Public Works, Sep '22 100-355-635000 20,639.25 11/03/2022 ASH, JENNIFER 110222 Reimbursement, APA California Conference, Oct '22
100-225-611000 124.80
11/03/2022 BEE MAN, THE 120390 Bee Removal, Public Works, Oct '22 100-355-720701 695.00 11/03/2022 COX COMMUNICATION 101922 WiFi, City Hall, Oct '22 100-195-630000 182.62 11/03/2022 CPRS - SOUTH REGION 102522 Annual Membership, FY 22/23 100-310-610000 145.00 11/03/2022 LASKA, KIERSTIN ALICIA 102822 Heritage Day, Oct '22 100-310-695531 75.00 11/03/2022 CALIFORNIA BUILDING STANDARDS

COMMISSION
093022 Q3 Building Standard Fund, Jul-Sep '22 100-000-442000 (168.40) 11/03/2022 COX COMMUNICATION 101722 T-1 Line, Oct '22 100-195-630000 813.95 11/03/2022 COX COMMUNICATION 101822 Cable, City Hall, Oct '22 100-195-630000 32.14 11/03/2022 SAN JOAQUIN HILLS TRANSPORT

CORRIDOR AGENCY
093022 Remit, Transportation Corrider Fees,
Jul - Sep '22
100-000-221005 1,205.09
11/03/2022 CALIFORNIA BUILDING STANDARDS

COMMISSION
093022 Q3 Building Standard Fund, Jul-Sep '22 100-000-221011 1,684.00 11/03/2022 DIVISION OF THE STATE ARCHITECT

STATE OF CALIFORNIA
093022 Q3 Disability Access Fees, Jul-Sep '22 100-000-221012 764.00 Payment Date Vendor Name Payable Number Description (Payable) Account Number 11/03/2022 DEPARTMENT OF CONSERVATION 093022 Remittance, SMIP Fee, Jul-Sep '22 100-000-221001 348.19 11/03/2022 DEPARTMENT OF CONSERVATION 093022 Remittance, SMIP Fee, Jul-Sep '22 100-000-221002 7,377.09 Payables Detail Report Payment Dates: 10/14/2022 - 11/03/2022

4.3.b
Packet Pg. 25
Attachment: Payables Detail Report - November 15, 2022 (3006 : Warrant Register, November 15, 2022) Amount
11/9/2022 10:28:21 PM Page 5 of 7
11/03/2022 COUNTY OF ORANGE, NPDES PW230301 Newport Bay, Watershed Monitoring, CIP #410
600-000-490100 (13,297.30)
11/03/2022 COUNTY OF ORANGE, NPDES PW230301 Newport Bay, Watershed Monitoring, CIP #410
600-254-950410 13,297.30
Fund 600 - CAPITAL IMPROVEMENT PROJECT Total: -
Grand Total: 462,874.87
10/20/2022 HARTZOG AND CRABILL, INC. 22-0559(HCI#3502) Traffic Signal Mgmt Services, CIP 168, Sep '22
600-251-950168 2,125.00
10/20/2022 COUNTY OF ORANGE, NPDES PW230207 Watershed Monitoring, CIP#410 600-000-490100 (1,483.30) 10/20/2022 COUNTY OF ORANGE, NPDES PW230207 Watershed Monitoring, CIP#410 600-254-950410 1,483.30 Fund 312 - CASp Total: (580.80)
Fund: 451 - LIABILITY SELF-INSURANCE
10/20/2022 WOODRUFF, SPRADLIN AND SMART 72452 Professional Services Legal, Sep '22 451-155-700011 969.97 Fund 451 - LIABILITY SELF-INSURANCE Total: 969.97
Fund: 600 - CAPITAL IMPROVEMENT PROJECT
10/20/2022 HARTZOG AND CRABILL, INC. 22-0559(HCI#3502) Traffic Signal Mgmt Services, CIP 168, Sep '22
600-000-490100 (2,125.00)
11/03/2022 CITY OF LAKE FOREST 1252 MOU LH/LF Franchise Procurement, Aug '22
307-355-700000 4,343.75
11/03/2022 CITY OF LAKE FOREST 1253 MOU LH/LF Franchise Procurement, Sep '22
307-355-700000 1,830.42
Fund 307 - C & D FORFEITED DEPOSITS Total: 10,096.05
Fund: 312 - CASp
11/03/2022 DIVISION OF THE STATE ARCHITECT

STATE OF CALIFORNIA
093022 Q3 Disability Access Fees, Jul-Sep '22 312-000-442000 (580.80) 11/03/2022 CALIFORNIA YELLOW CAB 9406022 Senior Mobility Program, Sep '22 221-310-720000 544.00 Fund 221 - SENIOR MOBILITY PROGRAM Total: 888.80
Fund: 307 - C & D FORFEITED DEPOSITS
10/27/2022 AMINI, ALI CD-0709-BLDR-0637-2020 Refund, C&D Deposit, R #8151 307-000-436000 675.00 11/03/2022 CITY OF LAKE FOREST 1251 MOU LH/LF Franchise Procurement, Jul '22
307-355-700000 3,246.88
11/03/2022 UNDERGROUND SERVICE ALERT OF

SOUTHERN CALIFORNIA
22-2301448 Street Maintenance, Oct '22 212-355-720400 37.77 11/03/2022 CHARLES ABBOTT ASSOCIATES, INC 64781 Road Maintenance, Sep '22 212-355-720400 37,731.90 Fund 212 - MEASURE M Total: 37,874.17
Fund: 221 - SENIOR MOBILITY PROGRAM
10/20/2022 TOTAL SOURCE OFFICEWORKS 29840 Operating Supplies, Oct '22 221-310-622000 344.80 Payables Detail Report Payment Dates: 10/14/2022 - 11/03/2022 Payment Date Vendor Name Payable Number Description (Payable) Account Number

4.3.b
Packet Pg. 26
Attachment: Payables Detail Report - November 15, 2022 (3006 : Warrant Register, November 15, 2022) 100-310-622005 Operating Supplies Comm Ctr 317.64 317.64 11/9/2022 10:28:21 PM Page 6 of 7
100-225-613100 Vehicle-Fuel 268.93 268.93
100-225-700000 Prof. Svcs - Building & Safety 25,759.88 25,759.88 100-225-720512 Contract Staffing Services 9,817.50 9,817.50 100-310-610000 Memberships and Dues Expense 145.00 145.00 100-310-613100 Vehicle-Fuel 23.83 23.83
100-195-646000 Maint & Rep-Equip & Machinery 435.00 435.00 100-195-720050 Contract Serv-Software Support 7,058.26 7,058.26 100-195-940000 Computer Hardware & Software 5,199.80 5,199.80 100-225-610000 Memberships and Dues Expense 20.00 20.00 100-225-611000 Training and Education 124.80 124.80
100-195-621000 Computer Supplies 1,095.05 1,095.05
100-195-622000 Operating Supplies 180.39 180.39
100-195-623000 Printing 113.14 113.14
100-195-630000 Telephone & Communication 3,452.88 3,452.88 100-195-641200 Rent/Lease - Copier 533.70 533.70
100-155-700011 Legal Services-Litigation 3,524.50 3,524.50 100-155-700030 Professional Svcs- City Clerk 4,535.57 4,535.57 100-155-700055 Professional Services - 6,075.14 6,075.14 100-195-617000 Recruitment 1,027.00 1,027.00
100-195-620000 Office Supplies 822.83 822.83
100-155-612001 Travel - League of CA Cities 280.00 280.00 100-155-620000 Office Supplies 431.00 431.00
100-155-622000 Operating Supplies 630.86 630.86
100-155-626000 Subscriptions & Books 724.37 724.37
100-155-700010 Legal Services-General Counsel 29,920.00 29,920.00 100-000-451000 Recreation Fees 20.00 20.00
100-000-451100 Recreation Fees-Reservation (1,287.50) (1,287.50) 100-000-459004 Misc Recovery- Prior Year 5.00 5.00
100-155-610000 Memberships and Dues Expense 250.00 250.00 100-155-611000 Training and Education 550.00 550.00
100-000-223000 Plan Application Deposit 5,814.22 5,814.22 100-000-227001 SecurityDeposit-WasteRecycling 100.00 100.00 100-000-228001 Swimming Pool Bonds 2,500.00 2,500.00
100-000-442000 Building Related Permits 72.38 72.38
100-000-442005 Plan Check Fees - Fee Base 40.00 40.00
100-000-221004 Carits 3,831.73 3,831.73
100-000-221005 SJHTC A 8,998.05 8,998.05
100-000-221011 Building Standards Fee 1,686.00 1,686.00 100-000-221012 SB1186 ADA CASp Fees 776.00 776.00
100-000-222000 Refundable Deposits 1,750.00 1,750.00
100-000-120000 Accounts Receivable 20.00 20.00
100-000-220444 EncroachmentGrading 1,372.00 1,372.00
100-000-221001 SMIP - Residential 348.19 348.19
100-000-221002 SMIP - Commercial 7,377.09 7,377.09
100-000-221003 MOULTON 744.91 744.91
307 - C & D FORFEITED DEPOSITS 10,096.05 10,096.05
312 - CASp (580.80) (580.80)
451 - LIABILITY SELF-INSURANCE 969.97 969.97
600 - CAPITAL IMPROVEMENT PROJECT - -
Grand Total: 462,874.87 462,874.87
Account Summary
Account Number Account Name Expense Amount Payment Amount Payables Detail Report Payment Dates: 10/14/2022 - 11/03/2022 Report Summary
Fund Summary
Fund Expense Amount Payment Amount
100 - GENERAL FUND 413,626.68 413,626.68
212 - MEASURE M 37,874.17 37,874.17
221 - SENIOR MOBILITY PROGRAM 888.80 888.80

4.3.b
Packet Pg. 27
Attachment: Payables Detail Report - November 15, 2022 (3006 : Warrant Register, November 15, 2022) **None** 462,874.87 462,874.87
Grand Total: 462,874.87 462,874.87
11/9/2022 10:28:21 PM Page 7 of 7
600-000-490100 Transfer In- General Fund (16,905.60) (16,905.60) 600-251-950168 TrafficSignalmprovCoordination 2,125.00 2,125.00 600-254-950410 NPDES Permit & Fees 14,780.60 14,780.60
Grand Total: 462,874.87 462,874.87
Project Account Summary
Project Account Key Expense Amount Payment Amount
221-310-720000 Contract Services 544.00 544.00
307-000-436000 Recycling Revenues 675.00 675.00
307-355-700000 Professional Services 9,421.05 9,421.05
312-000-442000 Building Related Permits (580.80) (580.80) 451-155-700011 Legal Services-Litigation 969.97 969.97
100-420-720835 Fingerprint Identification Svc 1,233.00 1,233.00 100-420-720850 Private Security Patrol 11,870.25 11,870.25 100-600-790600 Transfers Out - Capital Imprv 16,905.60 16,905.60 212-355-720400 Street Maintenance 37,874.17 37,874.17
221-310-622000 Operating Supplies 344.80 344.80
100-420-622000 Operating Supplies 130.02 130.02
100-420-646100 Maint & Repairs - Vehicles 402.05 402.05 100-420-695000 CommunityAsstnc/PublicRelation 2,560.79 2,560.79 100-420-720822 Crossing Guard Services 6,527.48 6,527.48 100-420-720823 Parking Citation Processing 635.00 635.00 100-356-631900 MOE Electrcity On-bill Financing 4,327.83 4,327.83 100-356-646100 MOE Maintenance & Repairs 272.75 272.75
100-356-700100 MOE City Engineer Services 2,249.28 2,249.28 100-356-700255 MOE Improvement Inspection 11,750.00 11,750.00 100-356-720420 MOE Traffic Signal Maintenance 3,644.70 3,644.70 100-355-720701 Parks Contract Repair 5,337.40 5,337.40
100-355-720702 Tree Maintenance 31,903.13 31,903.13
100-356-613100 MOE Vehicle Fuel 505.60 505.60
100-356-630000 MOE Telephone & 24.87 24.87
100-356-631400 MOE Electricity-Streetlights & 8,507.26 8,507.26 100-355-631000 Utilities - Electric 11,452.10 11,452.10 100-355-635000 Utilities - Water 26,428.83 26,428.83
100-355-720410 Street Sweeping 225.00 225.00
100-355-720500 Graffiti Removal 11,376.00 11,376.00
100-355-720700 Landscape Maintenance Contract 87,636.69 87,636.69 100-310-695531 Heritage Day 3,218.95 3,218.95
100-310-720302 Contract Services - Homelessness 3,057.84 3,057.84 100-355-610000 Memberships and Dues Expense 180.00 180.00 100-355-611000 Training and Education 101.00 101.00
100-355-622000 Operating Supplies 189.61 189.61
100-310-695500 Special Events-Program Service 1,510.01 1,510.01 100-310-695501 Day Camps & Build A Fort 937.97 937.97
100-310-695502 Special Needs Program 9.99 9.99
100-310-695507 Marathon 5k 2,974.50 2,974.50
100-310-695530 City Anniversary Program 100.00 100.00
100-310-626000 Subscriptions & Books 246.59 246.59
100-310-630100 Phone & Communication Comm 96.67 96.67
100-310-631100 Utilities - Electric Comm Ctr 15,296.32 15,296.32 100-310-635100 Utilities - Water Comm Ctr 1,159.98 1,159.98 100-310-641000 Rent/Lease - Equipment 526.48 526.48
Payables Detail Report Payment Dates: 10/14/2022 - 11/03/2022 Account Summary
Account Number Account Name Expense Amount Payment Amount 100-310-622502 Supplies-Adult Leagues 630.00 630.00

4.3.b
Packet Pg. 28
Attachment: Payables Detail Report - November 15, 2022 (3006 : Warrant Register, November 15, 2022) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: November 15, 2022
TO: Mayor and Council Members
FROM: Jarad Hildenbrand
City Manager
ISSUE: Resolution Reestablishing the Associate Engineer Classification Along with Salary Range and Benefits for Position Within the Bargaining Unit Covered by the Memorandum of Understanding with the Laguna Hills City Employees Association
RECOMMENDATION: That the City Council adopt a Resolution entitled: "A Resolution of the City Council of the City of Laguna Hills, California, reestablishing the Associate Engineer classification along with salary range and benefits within the Bargaining Unit covered by the Memorandum of Understanding with the Laguna Hills City Employees Association."
SUMMARY:

Staff is proposing to reestablish the Associate Engineer classification within the bargaining unit covered by the Memorandum of Understanding (MOU) between the City of Laguna Hills and the Laguna Hills City Employees Association (LHCEA). Since this classification will once again be included in the bargaining unit represented by LHCEA, it is necessary for the City Council to add the classification and salary range to the MOU by adopting the attached Resolution. This action can be absorbed in the current budget and will result in reduced personnel expenses.

The City’s Assistant City Engineer, Amber Shah, resigned from the City on Monday, November 14, due to accepting a Director position at another agency. She was first hired by Laguna Hills on March 21, 2016 as Associate Civil Engineer, and was subsequently promoted to Assistant City Engineer on July 1, 2021. In keeping with historical practice, the City would like to recruit for an Associate Engineer and develop

4.4 Packet Pg. 29
Reestablishing the Associate Engineer Classification
November 15, 2022

Page 2 ends

the employee over time allowing for growth within the organization. Reestablishing the Associate Engineer position is required before the City can commence the recruitment process.

Attached to this report is the salary data used to arrive at the proposed monthly salary range of $8,809 to $10,708. Following the City’s belief and established employee compensation program to attract and retain highly qualified individuals, this range is based on the average of the comparator agencies’ average plus five percent for the Associate Engineer position. This position would be subject to all provisions of the MOU.

FISCAL IMPACT:

The total cost for the Associate Engineer classification is lower than that of the Assistant City Engineer position, resulting in an overall savings to the City’s current personnel budget. The Assistant City Engineer position will remain on the approved classification schedule, but the funding for the position will be transferred to the Associate Engineer position.

ATTACHMENTS:
• Proposed Resolution - Employment Classification Associate Engineer • Associate Engineer Salary Range

4.4 Packet Pg. 30
RESOLUTION NO. 2022-11-15-x

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA HILLS, CALIFORNIA, REESTABLISHING

ASSOCIATE ENGINEER CLASSIFICATION ALONG WITH

SALARY RANGE AND BENEFITS WITHIN THE BARGAINING

UNIT COVERED BY THE MEMORANDUM OF

UNDERSTANDING WITH THE LAGUNA HILLS CITY

EMPLOYEES ASSOCIATION
The City Council of the City of Laguna Hills, California, hereby finds, determines, declares, and resolves as follows:

WHEREAS, on July 13, 2021, the City Council approved and adopted the Memorandum of Understanding (“MOU”) between the City of Laguna Hills (“City”) and the Laguna Hills City Employees Association (“LHCEA” or “Association”), which became effective July 1, 2021, and will remain in effect until June 30, 2023; and WHEREAS, Section IV of the MOU, entitled “Salary and Pay,” establishes the employment classifications and the Salary Schedule for those positions in the bargaining unit covered by the MOU as of the time of the signing of the MOU, including both full-time positions (non-management) and extended part-time positions; and WHEREAS, upon recommendation of the City Manager, the City Council now wishes to reestablish a full-time, non-management position to the bargaining unit covered by the MOU.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA

HILLS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. The purpose and intent of this Resolution is to reestablish a full-time, non-management employment classification and salary range for the position of “Associate Engineer” to Section IV, “Salary and Pay,” of the MOU between the City and the Association.

SECTION 2. The full-time, non-management employment classification and salary range for the “Associate Engineer” position established by this Resolution will be included in the bargaining unit covered by the MOU and represented by the Association and all provisions in the MOU between the City and the Association will be applicable to this new position.

SECTION 3. The Associate Engineer full-time, non-management employment classification is hereby established and assigned the following salary range:

FULL-TIME POSITION – NON MANAGEMENT MONTHLY RANGE
Associate Engineer $ 8,809.57 $ 10,708.09

4.4.a
Packet Pg. 31
Attachment: Proposed Resolution - Employment Classification Associate Engineer (3023 : Reestablishing the Associate Engineer Resolution No. 2022-11-15-x

Page 2 ends

SECTION 5. The Members of the Association have been notified concerning the actions set forth herein.

SECTION 6. The changes to the employment classifications and salary ranges set forth herein shall be effective November 16, 2022.

PASSED, APPROVED, AND ADOPTED this 15
th day of November 2022.
____________________________________

DAVE WHEELER, MAYOR
ATTEST:
______________________________________

JENNIFER LEE, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LAGUNA HILLS )
I, Jennifer Lee, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 2022-11-15-x adopted by the City Council of the City of Laguna HiIls, California, at an Adjourned Regular Meeting thereof held on the 15
th day of November, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(SEAL)
_____________________________________

JENNIFER LEE, CITY CLERK

4.4.a
Packet Pg. 32
Attachment: Proposed Resolution - Employment Classification Associate Engineer (3023 : Reestablishing the Associate Engineer City Comparable Class Title Min C.P./Max
Brea Associate Engineer 7,087.09 $ 9,073.22 $ Buena Park Associate Engineer 8,467.00 $ 10,254.00 $ Proposed Salary Range Cypress Associate Engineer 8,300.00 $ 10,089.00 $ Dana Point Associate Engineer 7,511.00 $ 9,960.00 $ Step A Step B Step C Step D Step EFountain Valley Engineering Associate 8,631.73 $ 10,491.92 $ 8,809.57 $ 9,250.05 $ 9,712.55 $ 10,198.18 $ 10,708.09 $ Irvine Associate Engineer 6,101.33 $ 9,590.53 $ Laguna Beach Associate Civil Engineer 8,497.00 $ 11,954.00 $ Laguna Niguel Associate Civil Engineer 7,978.00 $ 9,970.00 $ Lake Forest No Comparable ClassMission Viejo Associate Engineer 7,545.20 $ 10,554.27 $ Newport Beach Associate Civil Engineer 7,834.88 $ 11,017.89 $ Orange Associate Engineer 7,399.00 $ 9,488.00 $ Rancho Santa Margarita No Comparable ClassSan Clemente Associate Civil Engineer 8,526.20 $ 10,363.65 $ San Juan Capistrano Associate Engineer 8,219.00 $ 9,991.00 $ Tustin Associate Engineer 7,780.93 $ 9,977.07 $ Yorba Linda No Comparable Class $ 10,198.18 7,848.45 $ $ 10,708.09 8,240.88 $ Associate Engineer
Mean
Mean * 5%

4.4.b
Packet Pg. 33
Attachment: Associate Engineer Salary Range (3023 : Reestablishing the Associate Engineer Classification) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: November 15, 2022
TO: Mayor and Council Members
FROM: Larry Longenecker
Community Development Director
ISSUE: Proposed Professional Services Agreement with De Novo Planning Group for Consultant Services Related To: General Plan Housing Element Update Certification; Housing Site Inventory Rezoning and Related Environmental Review; and Objective Design Standards
RECOMMENDATION: That the City Council:
1) Waive formal competitive bidding and request for proposals procedure set forth in the Laguna Hills Municipal Code (“LHMC”) Section 3-08.150 pursuant to the exceptions set forth in LHMC Sections 3-08.110(C), (I) and (J) for approval of a proposed Professional Services Agreement with De Novo Planning Group for consultant services related to the following planning services: General Plan Housing Element Update certification; housing site inventory rezoning and related environmental review; and objective design standards; and
2) Approve and authorize the Mayor or the Mayor Pro Tempore to sign the proposed Professional Services Agreement with De Novo Planning Group, in the total maximum not-to-exceed contract amount of $281,292.

SUMMARY:

General Plan Housing Elements are required by State law to be updated every eight years consistent with regional housing cycles, with the current cycle covering 2021- 2029. The consultant team Placeworks was hired by the City in August 2020 to assist with preparation of the City’s Housing Element Update. Since that time, the City has submitted its Housing Element Update to HCD for three separate rounds of review, in

4.5 Packet Pg. 34
Professional Services Agreement - De Novo Planning Group November 15, 2022

Page 2 ends

November 2021, June 2022, and August 2022. HCD provided its most recent comment letter to the City on September 28, 2022. While the City has made significant progress toward Housing Element certification, there remain issues with HCD related to the City’s housing sites inventory and related assessment of fair housing.

To adequately address HCD’s remaining concerns, staff has determined a fresh perspective for the City’s Housing Element Update is warranted. A local and reputable consultant firm, De Novo Planning Group, has indicated immediate availability to assist the City with completing the Housing Element Update and necessary rezoning of the housing sites inventory. De Novo has a proven track record for obtaining HCD certification, having already achieved Housing Element certification for six of their client cities during this housing cycle.

Attached to this report (Attachment 1) is a proposed Professional Services Agreement with De Novo Planning Group in the total maximum not-to-exceed contract amount of $281,292, with a scope of work provided as Exhibit “A” and including: Housing Element certification, site rezoning, environmental review, and objective design standards.

Staff procurement for professional services is typically conducted through a formal request for proposals (RFP) procedure. However, due to unique circumstances, a formal procurement process is not in the City's best interest due to lack of consultant availability, urgency in completing the required work, and De Novo’s proven expertise in the subject matter. The City Council is, therefore, requested to waive the formal RFP process set forth in Laguna Hills Municipal Code (LHMC) Section 3-08.150, pursuant to the exceptions set forth in LHMC Sections 3-08.110 (C), (I) and (J), all as detailed in this staff report.

BACKGROUND:

Housing Element Overview
General Plan Housing Elements are required by State law to be updated every eight years consistent with regional housing cycles, with the current cycle covering the 2021- 2029 planning period. A key Housing Element requirement is identification of the City’s obligation to plan for new housing during the planning period. This is accomplished through a Regional Housing Needs Assessment (RHNA). Laguna Hills’ State-assigned RHNA for the current planning period is 1,985 new units. Another important aspect of the Housing Element Update, new for this housing cycle, is an assessment of fair housing, with a primary objective of affirmatively furthering fair housing, including

4.5 Packet Pg. 35
Professional Services Agreement - De Novo Planning Group November 15, 2022

Page 3 ends

analysis of the Housing Element sites inventory, which overlays the identified housing sites with fair housing layers to compare the distribution of sites and their projected affordability with fair housing indicators such as income distribution, transit access, etc.

The Housing Element is unique in the level of State involvement in the review process.

Under State law, cities and counties are required to submit their draft Housing Element to HCD for review and issuance of findings as to whether, in its opinion, the element complies with State law. A finding of compliance by HCD is referred to as “certification.” Housing Element certification is important in preserving the City’s eligibility for some State grant programs, in maintaining the legal adequacy of the General Plan, and in maintaining the City’s local control of land use decisions.

Work Accomplished to Date
The consultant team Placeworks was hired by the City in August 2020 to assist with preparation of a draft Housing Element Update. The City submitted the first draft of the Housing Element Update to HCD on November 4, 2021, for a 60-day review and comment period. A comment letter from HCD was provided to the City on January 4, 2022. After multiple public workshops and meetings with City Council, Staff and the consultant team Placeworks revised the draft Housing Element to address HCD comments, then commenced a 30-day public review period on May 27, 2022, and submitted the revised draft Housing Element for HCD review on June 3, 2022. At a noticed public hearing, on June 28, 2022, the City Council adopted the Housing Element.

Thereafter, the City received a second comment letter from HCD on August 2, 2022.

The Placeworks consultant team made further revisions to the adopted Housing Element and again submitted the document to HCD for review, in an effort to achieve HCD certification prior to the October 15, 2022 deadline, which would have allowed the City three years to process necessary rezoning of its identified housing sites. Instead, HCD provided a third comment letter to the City (Attachment 2) on September 28, 2022.

While the City has made significant progress toward Housing Element certification, there remain issues with HCD related to the City’s sites inventory and related assessment of fair housing.

DISCUSSION:

De Novo Planning Group
After three rounds of HCD review, and to adequately address HCD’s remaining concerns, staff has determined a fresh perspective for the City’s Housing Element Update is

4.5 Packet Pg. 36
Professional Services Agreement - De Novo Planning Group November 15, 2022

Page 4 ends

warranted. Staff considered the idea of hiring a different consultant team earlier in the year; however, no qualified housing consultants were available at that time, as all were preoccupied with ongoing Housing Element commitments with other jurisdictions. Now, a local and reputable consultant firm, De Novo Planning Group, has indicated immediate availability to assist the City with completing the Housing Element update certification project and processing the necessary rezoning of the Housing Element housing sites inventory. De Novo has a proven track record for obtaining HCD certification, having already achieved Housing Element certification for six of their client cities during this housing cycle.

Attached to this report (Attachment 1) is a proposed Professional Services Agreement with De Novo Planning Group in the total maximum not-to-exceed contract amount of $281,292. De Novo’s scope of work is included as Exhibit “A” to the attached proposed Professional Services Agreement including the following work tasks:

1. Housing Element Certification. This task entails completing the Housing Element sites inventory selection and analysis, including public outreach, and the related assessment of fair housing, then processing the Housing Element Update with HCD for certification.

2. Rezone Program. This task includes Development Code text and map amendments necessary to accommodate high density housing on sites identified in the Housing Element housing sites inventory.

3. Environmental Review/Initial Study. The initial study is the first step in the environmental review process, the results of which will dictate the appropriate environmental compliance for the project. As proposed, the initial study includes preparation of technical studies, including transportation, air quality, and others, that will support the City’s environmental analysis and compliance with CEQA.

4. Objective Design Standards. De Novo proposes preparation of objective design standards for the City, to be considered simultaneously with the zone change and related Development Code text amendments referenced in Task 2, above. In accordance with State law, only objective design and development standards may be used during local jurisdiction review of multifamily and mixed-use development projects. For this reason, the City recently conducted a request for proposals (RFP) process, with consultant proposals due to the City by September 30, 2022. Subsequently, in early October, City staff learned of De Novo Planning Group’s immediate availability to help the City finish the Housing Element Update and process the rezoning of identified housing sites. There are

4.5 Packet Pg. 37
Professional Services Agreement - De Novo Planning Group November 15, 2022

Page 5 ends

benefits and significant cost savings associated with choosing De Novo Planning Group to prepare the City’s objective design standards as well, as discussed later in this report.

Professional Services Contracts
Typically, staff procurement for professional services is conducted through a formal request for proposals procedure, inviting proposals from multiple qualified consultant firms. However, in the opinion of the Purchasing Officer, and under the unique circumstances presented, such a formal procurement process at this time is not in the City's best interest for the reasons stated below. The City Council is, therefore, requested to waive the formal request for proposals process set forth in LHMC Section 3-08.150, pursuant to the exceptions set forth in LHMC Sections 3-08.110 (C), (I) and (J).

For each of the exceptions, the Purchasing Officer has provided justifications below for waiving the formal competitive bidding requirements of LHMC 3-08.150.

LHMC 3-08.110(C)
When after a reasonable attempt has been made to obtain informal bids or proposals, and it has been determined by the Purchasing Officer that three bids or proposals cannot be obtained.

Justification: During the previous two years, all jurisdictions in the SCAG region, and throughout the State, have been busy updating their Housing Elements as required by State law, such that virtually all reputable and qualified housing consultants have been under contract and not available to take on any new work. State legislation approved in recent years has created substantial additional Housing Element work for consultants, causing unforeseen challenges and delays in obtaining HCD certification. Although Housing Element updates for jurisdictions in the SCAG region were due to HCD by October 15, 2021, 46% of SCAG jurisdictions still have not received HCD certification, and 57% of Orange County jurisdictions have not received HCD certification.

With a majority of Orange County cities still out of Housing Element compliance, a majority of reputable and qualified housing consultants remain under contract and still not available to take on any new work. City Staff has confirmed with multiple housing consultants that they do not currently have capacity to submit a proposal for new Housing Element consulting work. During this housing cycle, De Novo Planning Group prepared Housing Element updates for 13 jurisdictions; however, De Novo has successfully received HCD certification for six of those jurisdictions, and now has immediate capacity for taking on new work.

4.5 Packet Pg. 38
Professional Services Agreement - De Novo Planning Group November 15, 2022

Page 6 ends

LHMC 3-08.110(I)
When an unusual or unique situation exists, in that due to experience, specialized qualifications, particular expertise, performance history, and/or reputation, a particular company, vendor, consultant, or contractor is uniquely qualified for a particular task or project, which makes application of the requirements for competitive solicitation under this chapter contrary to either the intended purpose of the project or the public interest.

Justification: De Novo Planning Group is a reputable land use and environmental planning firm that has also emerged during this housing cycle as a highly qualified Housing Element consultant, with six certified Housing Elements achieved in recent months, and seven other Housing Elements in process. The proposed De Novo project team is comprised of local practitioners, operating out of De Novo’s Tustin office, with unique expertise and understanding for housing and land use issues in the region and locally, with two certified Housing Elements in Orange County, including nearby Rancho Santa Margarita in south Orange County. In addition, De Novo has successfully prepared objective design standards for several municipalities, including in Orange County.

LHMC 3-08.110(J)
When, in the opinion of the City Council, it is determined that compliance with the procurement policies, procedures and/or requirements is not in the best interest of the city.

Justification: For all of the reasons stated above, it is the opinion of the Purchasing Officer that it is not in the City’s best interest to conduct a formal RFP process for the Housing Element, rezoning, and objective design standards consultant services as described in this report and the consultant’s scope of work (Exhibit “A” to Attachment 1).

The City’s Housing Element Update, as required by State law, is past due and time is of the essence. A formal RFP process would delay progress on the Housing Element for as many as 8 to 10 weeks, all the while the City remains subject to numerous penalties for not having a certified Housing Element. The City needs a qualified housing, land use, and environmental consultant who is available immediately and with a proven track record of securing Housing Element certification on behalf of their municipal clients. De Novo Planning Group meets these criteria, has submitted a thorough and cost-effective scope of work (Exhibit “A” to Attachment 1) and, if approved by the City Council, will commence work immediately.

4.5 Packet Pg. 39
Professional Services Agreement - De Novo Planning Group November 15, 2022

Page 7 ends

With regard to objective design standards, a recent formal RFP process resulted in proposals with significantly higher cost than proposed by De Novo, in part because other consultants would have to familiarize themselves with the City’s Housing Element and the Housing Element housing sites inventory, as well as the development standards established as part of the City’s rezoning effort to accommodate high density housing on the housing sites. If approved by City Council, De Novo will be completing the Housing Element Update and processing the related rezoning efforts, and will therefore be intimately familiar with the documents and regulations, which efficiencies are anticipated to save the City both time and money.

There are also significant cost savings with one consultant managing the rezone process and preparation of both the development standards and objective design standards, because all will be reviewed together during one public outreach process, study sessions, and public hearings, rather than the objective design standards processed separate from the rezone and development standards efforts. In fact, these efficiencies and economies of scale resulted in De Novo Planning Group’s cost proposal for objective design standards being substantially lower than any of the bids received in response to the City’s RFP for consultant services to prepare objective design standards as a separate, stand-alone effort.

FISCAL IMPACT:

The total maximum not-to-exceed contract amount proposed under the Professional Services Agreement with De Novo Planning Group is $281,292 for completion of the Housing Element Update certification, related rezoning of housing sites and related environmental review, and preparation of objective design standards. An amendment to the City’s budget for fiscal year 2022/2023 was adopted by City Council on October 11, 2022, which included budget for the work now proposed by De Novo Planning Group, as summarized in the below table (next page):

4.5 Packet Pg. 40
Professional Services Agreement - De Novo Planning Group November 15, 2022

Page 8 ends

Table 1, Comparison - FY 2022/23 City Budget and De Novo Proposal TASK Adopted Budget De Novo Proposal*
Housing Element Certification $100,000 $49,470
Rezone Program / Environmental Review** $250,000 $197,584 Objective Design Standards $100,000 $34,238
Total $450,000 $281,292
*Costs include project management and contingency fees. **Cost includes initial study and technical studies. Budget amendment anticipated for preparation of CEQA document, if necessary.

As a reminder, fiscal impact to the City for the proposed project is anticipated to be partially offset by two grants awarded to the City. A $150,000 Local Early Action Plan (LEAP) state grant was awarded in 2021 for preparation of the City’s Housing Element Update, and $70,000 in SB2 funds was awarded in 2019 for preparation of objective design standards. Work related to both grants must be completed and invoiced by September 2023.

ATTACHMENTS:
• Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group
• Attachment 2 - September 28, 2022 HCD Comment Letter

4.5 Packet Pg. 41
1731626.1
1 PROFESSIONAL SERVICES AGREEMENT
De Novo Planning Group
(Housing Element Update Certification Project, Rezoning Program, & Objective Design Standards for Multifamily and Mixed-Use Projects) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective the 16th day of November 2022, by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California, (hereinafter referred to as “City”) and DE NOVO PLANNING GROUP, a California S-corporation (hereinafter referred to as “Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has determined that there is a need to retain the professional services of a qualified land use and environmental planning consulting services firm, specializing in community planning, environmental studies, design, and development services, for final preparation and completion of the City's state-mandated 2021-2029 Housing Element update consistent with all applicable requirements of State Planning Law and State Housing Law to be certified by the California Department of Housing and Community Development (“State HCD”), as well as for completion of the state-mandated Rezoning Program and for the development of Objective Design Standards for multifamily and mixed-use projects, including environmental review related thereto (the “Project”).

B. Consultant has submitted to City a proposal, dated November 1, 2022, to provide professional land use and environmental planning consulting services to City necessary for the City to complete its ongoing state-mandated 2021-2029 Housing Element update to be certified by State HCD, as well as to prepare and complete the state-mandated Rezoning Program, and to develop Objective Design Standards for multifamily and mixed-use projects for the Project pursuant to the terms of this Agreement.

C. Consultant represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, and expertise to provide these professional land use and environmental consulting services to City for the Project and has agreed to provide such services as provided herein. City does not have the personnel, training, or specialized technical expertise necessary to perform the work and services contracted for herein.

D. City desires to retain Consultant to provide such professional services for the Project.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

4.5.a
Packet Pg. 42
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement 1731626.1
2 AGREEMENT

1. SERVICES OF CONSULTANT

1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Consultant agrees to provide and perform the professional land use and environmental consulting services to City for the Project as set forth in the Proposal/Scope of Work, dated November 1, 2022, which is attached hereto as Exhibit “A” and is incorporated herein by reference (hereinafter referred to as the “Scope of Services,” the “Services” or “Work”). As a material inducement to the City entering into this Agreement, Consultant acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant’s Services and Work shall be performed in a skillful and competent manner and shall be held to a standard of quality and workmanship prevalent in the industry for such Services and Work and with the standards recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and warrants that it is skilled in the professional discipline necessary to perform the Services and Work and that it holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement.

Consultant represents and warrants that it and all of its employees, subconsultants and subcontractors providing any Work or Services under this Agreement shall have sufficient skill and experience to perform the Services and Work assigned to them. All Services and Work shall be completed to the reasonable satisfaction of the City.

1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; and, (2) the Consultant’s signed, original Proposal/Scope of Work dated November 1, 2022 (“Consultant’s Proposal”) and submitted to City, which shall both be referred to collectively hereinafter as the “Contract Documents.” The Consultant’s Proposal is attached hereto as Exhibit “A” and is hereby incorporated by reference and made a part of this Agreement. All provisions of the Contract Documents shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms and conditions of this Agreement; and, (2nd) the provisions of the Consultant’s Proposal (Exhibit “A”).

1.3 Compliance with Law. Consultant shall comply at all times during the term of this Agreement with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable fair labor standards and Cal/OSHA requirements. 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 Work and 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 performing the Work and Services. If Consultant performs any Work or Services in violation of such laws, rules, and regulations, Consultant shall be solely responsible for all penalties and costs arising therefrom. Consultant shall defend, indemnify, and hold City, its officials, officers, employees, agents and volunteers,

4.5.a
Packet Pg. 43
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement 1731626.1
3 free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.

1.4 Licenses, Permits, Fees, and Assessments. Prior to performing any Services or Work hereunder Consultant shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, and approvals of whatever nature that are legally required to perform the Work or Services.

1.5 Familiarity with Work. By executing this Agreement, Consultant represents and warrants that it (a) has thoroughly investigated and considered the Scope of Work or Services to be performed, (b) has carefully considered how the Services should be performed and has carefully examined the location or locations at or with respect to where such Services or Work is to be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant represents and maintains that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.

1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.

1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.

1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Consultant's Proposal/Scope of Services (Exhibit “A”) or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating therein any adjustment in (i) the

4.5.a
Packet Pg. 44
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement 1731626.1
4 Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Consultant. It is expressly understood by Consultant that the provisions of this section shall not apply to the Work and Services specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of whether the time or materials required to complete any Work or Service identified in the Scope of Services exceeds any time or material amounts or estimates provided therein.

1.9 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Consultant further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.

2. COMPENSATION

2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Consultant shall be compensated by City for the services performed, including authorized reimbursements, as set forth in the Schedule of Compensation/Fees, which is attached hereto as Exhibit “A” and is incorporated herein by reference, but not exceeding the total maximum contract amount of Two Hundred Eighty One Thousand Two Hundred Ninety Two Dollars ($281,292.00) (hereinafter referred to as the "Maximum Contract Amount"). The method of compensation shall be as set forth in Exhibit “A”. Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation/Fees. The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.

2.2. Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation/Fees (Exhibit “A”), in any month in which Consultant wishes to receive payment, no later than the tenth (10th) working day of such month, Consultant shall submit to the City, in a form approved by the City’s Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical.

2.3 Intentionally omitted.

2.4 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of

4.5.a
Packet Pg. 45
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement 1731626.1
5 any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.

2.5 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Laguna Hills City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.

3. SCHEDULE OF PERFORMANCE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance.

3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed, or on each task order, if applicable, and shall perform all Services within the time period(s) established in the Schedule of Performance, which is attached hereto as Exhibit “A” and is incorporated herein by reference.

When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant such an extension.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, pandemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section.

3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and shall continue in full force and effect for a period of two (2) years, commencing on November 16, 2022 and ending on November 15, 2024, unless extended by mutual agreement of the Parties.

3.5 Task Orders. Consultant hereby agrees and acknowledges that any and all Services or Work performed pursuant to this Agreement shall be based upon the prior issuance of a written project task order by the City. Furthermore, Consultant hereby agrees and

4.5.a
Packet Pg. 46
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement 1731626.1
6 acknowledges that execution of this Agreement by the City does not in any way guarantee that a task order will be issued to Consultant. Moreover, execution of this Agreement by the City shall not entitle Consultant to any form of payment or compensation from the City without City first having issued a project task order.

4. COORDINATION OF WORK

4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and to make all decisions in connection therewith: Amanda Tropiano, Principal. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Work or Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City.

Consultant shall not contract with any other entity to perform the Services required without prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be

4.5.a
Packet Pg. 47
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement 1731626.1
7 void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City.

4.4 Independent Contractor.

A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees or agents, shall not maintain a permanent office or fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s officers, employees, representatives or agents or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.

B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.

C. No City benefits shall be available to Consultant, its officers, employees, or agents, in connection with the performance of any Work or Services under this Agreement.

Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing any Work or Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, representatives, agents, or subconsultants or subcontractors, Consultant shall defend, indemnify, and hold harmless City from and against all such financial obligations.

4.5 PERS Eligibility & Indemnification.

A. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing any Work or Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify,

4.5.a
Packet Pg. 48
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement 1731626.1
8 defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing any Work or Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

5. INSURANCE

5.1 Compliance with Insurance Requirements. Consultant shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section.

Consultant shall not commence any Work or Services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Consultant’s existing insurance policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.

5.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Consultant shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:

A. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance written on an occurrence basis with limits of at least one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) in the general aggregate, and one million dollars ($1,000,000.00) for products and completed operations.

Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.

B. Automobile Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) combined limit for each occurrence covering bodily injury and property damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.

C. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all

4.5.a
Packet Pg. 49
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement 1731626.1
9 other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.

D. Professional Liability (Errors & Omissions) Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, a policy of Professional Liability or Errors and Omissions Insurance appropriate to Consultant’s profession with limits of at least two million dollars ($2,000,000.00). Covered professional services shall specifically include all Work or Services to be performed under the Agreement and delete any exclusions that may potentially affect the Work or Services to be performed under this Agreement.

1. The policy shall be endorsed to provide the following: Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.

2. If the policy of insurance is written on a “claims-made” basis, the City may require that the policy be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Work or Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing the Work or Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City.

3. In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Work or Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Work or Services under the terms of this Agreement.

5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the

4.5.a
Packet Pg. 50
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement 1731626.1
10 State Compensation Fund. In the event the City determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.

5.4 Insurance Endorsements. 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 written approval. 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. The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:

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; and

2. Additional Insured Endorsements: 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 Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.

3. Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Consultant’s failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice.

B. For all policies of Commercial General Liability Insurance, Consultant shall provide endorsements for ongoing operations and completed operations to effectuate this requirement.

5.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance 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 selfinsured retention.

5.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees,

4.5.a
Packet Pg. 51
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement 1731626.1
11 agents or volunteers, shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

5.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Consultant hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Consultant hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

5.8 Evidence of Coverage. Concurrently with the execution of the Agreement, Consultant shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. 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 written approval. The certificates of insurance and original 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. Consultant shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage.

5.9 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 requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

5.10 Enforcement of Agreement (Non-Estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of any noncompliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.

5.11 Insurance for Subconsultants. Consultant shall either: (1) include all subconsultants or subcontractors engaged in any Work or Services for Consultant relating to this Agreement as additional named insureds under the Consultant’s insurance policies, or (2) Consultant shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and

4.5.a
Packet Pg. 52
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement 1731626.1
12 volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Consultant’s subconsultants or subcontractors performing any Work or Services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers, as additional insureds. Consultant shall not allow any subconsultant or subcontractor to commence any Work or Services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.

5.12 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Consultant pursuant to this Agreement:

A. Consultant shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.

B. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

C. None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.

D. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

E. Consultant agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant.

Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.

F. Consultant agrees to provide immediate written notice to City of any claim, demand or loss against Consultant arising out of the Work or Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.

4.5.a
Packet Pg. 53
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement 1731626.1
13 6. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments, arbitration awards, settlements, damages or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death, (collectively “Claims”) in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officers, directors, employees, subcontractors, consultants or agents, in connection with Consultant’s performance under this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent that the Work or Services performed by Consultant are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless, and indemnify the City, its elected and appointed officials, officers, employees, agents and volunteers, shall not apply to the extent that such Claims arise out of, pertain to, or are related to the City's sole negligence, active negligence, or willful misconduct.

7. REPORTS AND RECORDS

7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.

Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement.

For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

4.5.a
Packet Pg. 54
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement 1731626.1
14 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all of its subconsultants and subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.

7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.

7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall

4.5.a
Packet Pg. 55
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement 1731626.1
15 not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

8.3 Termination. City may terminate this Agreement for any reason, with or without cause, upon giving Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, Consultant reserves the right to terminate this Agreement at any time upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine.

8.4 Default of Consultant.

A. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.

B. If the City Manager, or City Manager’s designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 8.3.

C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section

8.4(B), take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided herein.

8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and

4.5.a
Packet Pg. 56
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement 1731626.1
16 complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.

8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.8 Attorneys’ Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of any state statute or regulation. Consultant represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.

9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, disability, medical condition, religion, color, sex, sexual orientation, age, marital

4.5.a
Packet Pg. 57
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement 1731626.1
17 status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

10. MISCELLANEOUS PROVISIONS

10.1 Patent and Copyright Infringement.

A. To the fullest extent permitted by law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the alleged negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.

B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant’s consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.

10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Notices or other communications shall be addressed as follows:

To City: City of Laguna Hills
Attention: City Manager
24035 El Toro Road
Laguna Hills, California 92653
Telephone: (949) 707-2600

4.5.a
Packet Pg. 58
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement 1731626.1
18 To Consultant: De Novo Planning Group
Attention: Amanda Tropiano, Principal
180 E. Main Street, Suite 108
Tustin, California 92780
Telephone: (714) 453-7711

10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof.

No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

10.6 Third Party Beneficiary. Nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.

10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he/she is signing is bound.

4.5.a
Packet Pg. 59
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement 1731626.1
19 10.9 Labor Code Requirements.

A. 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 Work or Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since 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 Work or 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.

The foregoing indemnity shall survive termination of this Agreement.

B. DIR Registration. If the Work or Services are being performed as part of an applicable "public works" or "maintenance" project, 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. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.

10.10 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]

4.5.a
Packet Pg. 60
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement 1731626.1
20 IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“CITY”
City of Laguna Hills,
a California municipal corporation

DAVE WHEELER,
Mayor
ATTEST:
(SEAL)
JENNIFER LEE, City Clerk
APPROVED AS TO FORM:

GREGORY E. SIMONIAN,
City Attorney
“CONSULTANT”
De Novo Planning Group, a California
corporation
By:

BEN RITCHIE,
President
By:

STEVE MCMURTRY,
Chief Financial Officer

4.5.a
Packet Pg. 61
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement 1731626.1
EXHIBIT “A”
CONSULTANT’S PROPOSAL/ SCOPE OF WORK
FOR

COMPLETION OF HOUSING ELEMENT UPDATE CERTIFICATION PROJECT,

STATE-MANDATED REZONING PROGRAM,
AND

OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY & MIXED-USE PROJECTS DATED: NOVEMBER 1, 2022

SCOPE OF SERVICES FOR PROJECT

INCLUDING,

SCHEDULE OF PERFORMANCE
AND

SCHEDULE OF COMPENSATION/ FEES

4.5.a
Packet Pg. 62
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement Corporate Office
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
916.949.3231
Southern California
180 E Main Street, Suite 108
Tustin, CA 92780
714.453.7711
www.denovoplanning.com
[email protected]
November 1, 2022
Larry Longenecker, AICP | Community Development Director Community Development Department
City of Laguna Hills
24035 El Toro Road, Laguna Hills, CA 92653
Office: 949.707.2675 | [email protected]
SUBJECT: Proposal for Housing Element Certification, Rezone Program, Initial Study, and Objective Design Standards
Dear Mr. Longnecker:

On behalf of De Novo Planning Group, thank you for the opportunity to submit this proposal to assist the City of Laguna Hills with completing an update to its Housing Element consistent with State Housing Law, implementing the required Housing Element rezoning program, preparing an Initial Study for the Project, and preparing Objective Design Standards for multifamily and mixed-use development. Based on our review of the Housing Element adopted in June 2022 (revised in August 2022), the State’s most recent comments on the City’s Housing Element, and our management team’s familiarity with key local issues and opportunities, we are confident we can help the City be found in compliance with State Housing Law and implement the necessary rezoning program so that the Housing Element can be certified by the California Department of Housing and Community Development and the City can be prepared to meet the housing needs of its current and future residents.

Our team will provide the City of Laguna Hills with an energetic and dedicated group of principal-level professionals with exceptional skills and qualifications. Our team is led by De Novo Principal, Amanda Tropiano, who will serve as the primary point of contact for the City and Starla Barker, AICP, who will manage the environmental review. Our in-house management and technical team is composed of strategic planners who value creative problem-solving and we are ready and able to respond to whatever comes our way as we work with you on this project. We strongly believe our principal-level attention, availability, experience working with similar communities, and creativity will best assist the City in completing its Housing Element, rezoning program, and objective design standards.

We trust that the enclosed information is adequate for your evaluation, but should you need anything else, please do not hesitate to contact me at (714) 453-7711 or [email protected].

Sincerely,

DE NOVO PLANNING GROUP
Amanda Tropiano, Principal

4.5.a
Packet Pg. 63
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement City of Laguna Hills Proposal
Housing Element Certification, Rezone Program, Initial Study, and Objective Design Standards DE NOVO PLANNING GROUP 2

COMPANY DATA
De Novo Planning Group is a land use and environmental planning firm specializing in community planning, environmental studies, design, and development services. Since 2008, De Novo Planning Group has successfully operated in the Sacramento, Greater Bay Area, Central Valley, Tahoe Basin, and northern California regions, and in 2017, opened an office in Orange County – led by Principal Amanda Tropiano – to serve southern California clients. The firm’s principal-level staff have successfully completed over 350 projects consisting of comprehensive general plans, specific plans, housing elements, environmental impact reports, negative declarations, initial studies, NEPA analyses, climate action plans, biological assessments, wetland delineations, and development projects throughout California.

Our Mission
Our mission is to provide municipal and private sector clients with worldclass professional services, through principal-level attention to every project. We pride ourselves on our ability to work with clients to balance the often-conflicting goals of economic, social, environmental, legal, and political forces. Our services result in an integrated planning and environmental solution for every project that is technically sound, cost effective, and delivered within the client's schedule.

Our Philosophy
Our philosophy is to proactively plan and design projects in such a way that public and environmental concerns are addressed and accommodated early in the process. We strongly believe in the use of our knowledge for developing sensible and cost-effective solutions to concerns. Our solutions integrate local knowledge with the best available resources to achieve recognized national and international standards for planning and environmental management, to achieve a balance in local economic, social, and environmental goals. De Novo Planning Group is dedicated to fostering a partnership with each agency we serve, through listening to the community and stakeholders and reflecting the ideas and concerns we hear in the approach developed for each project.

Official Name
De Novo Planning Group
Primary Point of Contact
Amanda Tropiano
Principal
714-453-7711
[email protected]
180 E. Main Street, Suite 108
Tustin, CA 92780
Entity Type
California S-Corporation
Federal Employer ID
26-2962235
Firm Locations
Southern California:
180 E. Main Street, Suite 108
Tustin, CA 92780
Northern California:
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
916-949-3231
Ownership
De Novo Planning Group is
totally owned by Principals Ben
Ritchie, Steve McMurtry, Beth
Thompson, and Amanda
Tropiano.

Years in Business/Providing
Service
14 Other Lines of Business
None

4.5.a
Packet Pg. 64
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement City of Laguna Hills Proposal
Housing Element Certification, Rezone Program, Initial Study, and Objective Design Standards DE NOVO PLANNING GROUP 3
TASK 1 HOUSING ELEMENT CERTIFICATION
De Novo understand that the City Council adopted the City’s updated 2021-2029 Housing Element in June 2022 (with subsequent revisions in August 2022), and that the California Department of Housing and Community Development (HCD) has identified additional revisions necessary for the Housing Element to be found in compliance with State Housing Law. These revisions are generally focused on providing additional analysis regarding the City’s duty to affirmatively further fair housing, expanding the City’s sites inventory discussion (including the potential to identify and analyze additional sites not currently included), and programmatic revisions necessary to respond to the additional analysis described above. HCD has also identified the need for the City to collaborate with the public and key stakeholders as it prepares revision to its Housing Element. De Novo is prepared to immediately engage with City Staff, representatives from HCD, elected and appointed officials, and the community to assist the City with revising its Housing Element to address all outstanding issues and allow HCD to find the Housing Element in compliance with the statutory requirements of State Housing Law upon its adoption and the completion of the required rezoning program.

Task 1.1 Housing Element Certification Kickoff
De Novo and City Staff will meet in-person to discuss the specifics of the project objectives, key tasks, schedule, and communication protocol. Staff will provide De Novo will all available original project source files, including a Word version of the Housing Element (with all track changes maintained), Excel files regarding the site inventory, GIS files, fair housing data, and any other relevant files necessary to complete the project.

Deliverables:
• Meeting agenda, summary notes, data request list
Task 1.2 Housing Element Update Technical Revisions
De Novo will revise the Housing Element to address HCD’s comments (as specified in their letter dated September 28, 2022) consistent with the statutory requirements of State Housing Law and to the satisfaction of HCD and the City of Laguna Hills. De Novo will work with the City and HCD staff to prepare draft revisions for public review and will solicit public feedback on the draft revisions. This task will include the following revisions:

Affirmatively Furthering Fair Housing Revisions
• Quantification and evaluation of the RHNA by income group and location, including an analysis at the neighborhood or planning area level (to be based on final site inventory) • Modifications to the Housing Programs to include more specific commitments, timing, geographic targeting, and metrics
Site Inventory
• Further analysis of currently listed sites to determine if they can remain in the inventory or if they must be removed (specifically sites 81, 101, 103, and the AV and AP Apartments) • Identification and analysis of additional sites that could be included in the inventory beyond those currently listed (we assume that up to 10 additional sites may be considered) • Analysis of the City’s site inventory related to the City’s duty to affirmatively further fair housing

4.5.a
Packet Pg. 65
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement City of Laguna Hills Proposal
Housing Element Certification, Rezone Program, Initial Study, and Objective Design Standards DE NOVO PLANNING GROUP 4
• Modifications to the Housing Programs and/or the preparation of new programs to support the final site inventory
• Submittal of the final electronic site inventory form to HCD with the readopted Housing Element Community Outreach
• Summary of community outreach process, feedback received, and description of how feedback influenced revisions
Deliverables:
• Administrative Draft Revised Housing Element, Second Draft Revised Housing Element, Public Review Draft Revised Housing Element, Final Housing Element (for readoption) Task 1.3 HCD Coordination
De Novo will coordinate directly with HCD staff to discuss and resolve the outstanding items identified by the Department in its letter dated September 28, 2022. De Novo expects to work directly with HCD staff to solicit informal feedback on draft revisions to ensure that the revisions adequately address the Department’s findings. It is expected that this process will be iterative and will include up to two rounds of informal review by HCD staff.

Deliverables:
• Ongoing coordination with HCD staff including two rounds of informal review; one full-color bound hard copy of the Final Draft or Adopted Housing Element delivered to HCD in Sacramento (as required by HCD)
Task 1.4 Study Sessions (3)
De Novo will facilitate up to three study sessions with the Planning Commission and/or City Council as part of this revision process. As appropriate, these study sessions may also touch on the topic of objective design standards which would apply to future multifamily and mixed-use projects which could be developed through the City’s rezoning program.

Deliverables:
• Facilitation of three (3) study sessions, including presentation materials and boards Task 1.5 Public Education
De Novo will work with Staff to prepare public education material to share regarding the revisions to the Housing Element. This may include emails to interested parties or stakeholders, social media posts, a project factsheet, common questions and answers, text for regular newsletters/programs, or other relevant methods of communication. This includes supporting the City with posting and sharing the revisions as required prior to sending revisions to HCD for review.

Deliverables:
• Preparation of general public education material as needed to support public review and readoption of the Housing Element

4.5.a
Packet Pg. 66
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement City of Laguna Hills Proposal
Housing Element Certification, Rezone Program, Initial Study, and Objective Design Standards DE NOVO PLANNING GROUP 5
Task 1.6 Stakeholder Outreach
De Novo will reach out to up to five key stakeholders to discuss the project and solutions to resolve HCD’s findings. It is expected that this outreach will include discussions with property owners, developers, interest groups, affordable housing advocates, homeowners groups, or other similar stakeholders. As appropriate, this outreach will also discuss the City’s objective design standards.

Deliverables:
• Up to five stakeholder interviews/discussions
TASK 2 REZONE PROGRAM
The City has determined that there is not sufficient land available with the appropriate zoning in place to accommodate its RHNA and that rezoning of multiple sites is required to accommodate at least an additional 528 units at sites with a density of at least 30 du/ac. De Novo understands that pursuant to Senate Bill 197 (Chapter 70, Statutes of 2022), because the adopted and subsequently revised Housing Element was not found in compliance by October 15, 2022, HCD cannot find the element in compliance until the required rezoning program is complete. This task will implement Housing Programs H-11 and H21 (as modified through Task 1). Note that it is likely that the General Plan Land Use Element will need to be amended consistent with the City’s rezone program; De Novo expects that City Staff will undertake this minor amendment if needed. De Novo has teamed with SWA Group for support in preparing customized development standards as part of this task.

Task 2.1 Rezone Program Kickoff
De Novo and City Staff will meet in-person to discuss the specifics of the rezone program, key tasks, schedule, and communication protocol.

Deliverables:
• Meeting agenda, summary notes
Task 2.2 Administrative Draft Zoning Text Amendment
De Novo will create an administrative draft of the rezone program/zoning text amendment. We will coordinate with City staff to ensure adequate time for review and discussion of revisions. We request that we receive one consolidated set of City comments.

Deliverables:
• One (1) electronic copy in Word and PDF of the administrative draft rezone program Task 2.3 Revised Draft Zoning Text Amendment
We will incorporate the City’s comments on the administrative draft and create a revised draft of the rezone program. We will coordinate with City staff to ensure adequate time for review and discussion of revisions. We request that we receive one consolidated set of City comments.

Deliverables:
• One (1) electronic copy in Word and PDF of the revised draft rezone program

4.5.a
Packet Pg. 67
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement City of Laguna Hills Proposal
Housing Element Certification, Rezone Program, Initial Study, and Objective Design Standards DE NOVO PLANNING GROUP 6
Task 2.4 Public Review Draft Zoning Text Amendment
We will incorporate the City’s comments on the revised draft and create a public review draft of the rezone program. It is our assumption that City staff will facilitate distribution to the City Council and the Planning Commission for review and comment; however, we are prepared to assist with the document distribution.

Deliverables:
• One (1) electronic copy in Word and PDF of the public review draft rezone program Task 2.5 Final Zoning Text Amendment
De Novo will incorporate all City and public comments into the final rezone program to be considered by the Planning Commission and City Council. During this process, De Novo will prepare revisions to the final rezone program as necessary to address comments from decision-makers.

Deliverables:
• One (1) electronic copy in Word and PDF of the final rezone program Task 2.6 Zoning Map Amendment
It is unknown at this time the extent to which the Zoning Map will need to be amended to implement the rezone program. However, as part of this process, we expect to update the Zoning Map as needed and prepare summary tables and exhibits to support public review of the rezone program. This task includes preparation and mailing of courtesy property owner notification letters to up to 100 property owners.

Deliverables:
• Administrative Draft, Revised Draft, Public Review Draft and Final Zoning Map; hard copy notifications to up to 100 property owners
Task 2.7 Community Survey and Open Houses (2)
During preparation of the rezoning program and objective design standards, De Novo will host a community open house and companion online survey to solicit public input on these topic areas. The public comments will be used to inform preparation of the public review draft material. Upon completion of the public review drafts of the rezoning program and objective design standards (if prepared as part of this project), we will host a second community workshop with stations for residents to visit to learn more about the project. At the second workshop, the public can provide comments on the public review drafts. The public’s comments will be summarized and shared with the Planning Commission and City Council during their deliberations.

Deliverables:
• Preparation and facilitation of two (2) community workshops, including summary memos for Planning Commission and City Council consideration

4.5.a
Packet Pg. 68
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement City of Laguna Hills Proposal
Housing Element Certification, Rezone Program, Initial Study, and Objective Design Standards DE NOVO PLANNING GROUP 7
Task 2.8 Councilmember Briefings
De Novo proposes to facilitate two rounds of councilmember briefings throughout the project, at times determined appropriate by City Staff. These briefings may be individual or in 2-2-1 formats and are expected to take place in-person at City Hall.

Deliverables:
• Facilitation of two rounds of councilmember briefings Task 2.9 Public Hearings
De Novo will plan for and attend up to four public hearings on the project. It is possible that the City may wish to readopt its Housing Element in advance of completing the rezone program; this task allows for two rounds of public hearings (with each round including a hearing with the Planning Commission and City Council). However, if the City chooses to wait to readopt the Housing Element until the rezone program is complete, this task could be modified accordingly.

Deliverables:
• Preparation for and attendance at up to four public hearings TASK 3 CEQA DOCUMENTATION
At this time, the specific sites that will be proposed for rezoning are not currently known. Once identified, De Novo will prepare an Initial Study, including relevant technical studies, to determine which environmental document will be required. Preparation of the Initial Study will include the following tasks (all deliverables will be provided electronically unless otherwise specified). Please note that at this time we expect that the Housing Element will be readopted concurrent with the rezone program and that the environmental document prepared to support the rezone program will also serve as the environmental document for the revised Housing Element. However, if the City wishes to bring the revised Housing Element forward for readoption prior to completing the rezoning program, it may be necessary for De Novo to update the Addendum previously prepared to support adoption of the Housing Element (and Safety Element). If requested, this work could be funded through the proposed contingency budget.

3.1 Project Description Preparation
The Project Description is a critical element of the environmental review and establishes the foundation for the technical analysis. The Project Description will detail the Project location and environmental setting, Project characteristics (construction and operation), Project objectives, phasing, discretionary actions, and required permits and approvals based on available information. Exhibits will identify the regional and local site vicinity. De Novo will submit the Project Description to the City for review and approval. De Novo will revise the Project Description to incorporate City comments and provide a Revised Draft Project Description for City review. Upon approval of the revisions by the City, De Novo will finalize the Project Description and provide to the technical team. We have assumed that no modifications to the Project Description will occur after approval by the City.

4.5.a
Packet Pg. 69
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement City of Laguna Hills Proposal
Housing Element Certification, Rezone Program, Initial Study, and Objective Design Standards DE NOVO PLANNING GROUP 8
Task 3.2 Technical Study - Air Quality
De Novo will utilize our in-house Environmental Scientists to prepare an Air Quality analysis for this Project. The Project is located within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The Project may result in short-term construction-related emissions and long-term operation emissions, primarily attributable to emissions from vehicle trips and from energy consumption by the increased level of residential uses. The Air Quality analysis will include the following:
• Regional air quality and local air quality in the vicinity of the Project and meteorological conditions that could affect air pollution dispersal or transport will be described. Applicable air quality regulatory framework, standards, and significance thresholds will be discussed. The project’s potential to conflict or obstruct implementation of the AQMP will also be addressed. • Short-term (construction) increases in regional criteria air pollutants will be quantitatively assessed. The California Air Resources Board (CARB)-approved CalEEMod computer model will be used to estimate regional mobile source and particulate matter emissions associated with construction activities.
• Long-term (operational) increases in regional criteria air pollutants will be quantitatively assessed for area source, mobile source and stationary sources. The CARB-approved CalEEMod computer model will be used to estimate emissions associated with the Project. Exposure to odorous or toxic air contaminants will be assessed through a screening method as recommended by the SCAQMD.
• Localized emissions will be assessed based upon the SCAQMD’s Localized Significant Thresholds (LST) methodology.
• In response to the California Supreme Court decision for Sierra Club vs. County of Fresno (Friant Ranch), the resultant human health impacts from the Project’s short-term construction and longterm operational air emissions will be analyzed.

The analysis will include the methodology for calculating emissions, an analysis of the proposed Project’s air quality impacts, a cumulative impact analysis, and a discussion of feasible mitigation measures that should be implemented to reduce impacts on air quality, if needed.

Task 3.3 Technical Study – Energy
De Novo’s in-house Environmental Scientists will analyze the Project’s energy implications in compliance with Appendix G of the CEQA Guidelines, which requires a project to describe, where relevant, the wasteful, inefficient, and unnecessary consumption of energy caused by a project. In addition, Appendix G of the CEQA Guidelines requires a consistency analysis with state or local plans for renewable energy or energy efficiency. The analysis will identify energy consumption associated with short-term construction activities, long-term operations, buildings, and transportation. We will quantify electricity and natural gas use anticipated by the Project. It is assumed the primary energy demand will be from on-site buildings, lighting, and water pumping, treatment, and conveyance. Such "Energy" emissions would be provided directly by the CalEEMod outputs for the air quality and greenhouse gas emissions modeling. The analysis will calculate and compare county-wide and project level operational per capita energy consumption.

4.5.a
Packet Pg. 70
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement City of Laguna Hills Proposal
Housing Element Certification, Rezone Program, Initial Study, and Objective Design Standards DE NOVO PLANNING GROUP 9
Task 3.4 Technical Study - Greenhouse Gas Emissions
De Novo’s in-house Environmental Scientists will prepare a Greenhouse Gas Emissions analysis pursuant to the requirements of Executive Order S-3-05 and the Global Warming Solutions Act of 2006 (AB 32). The analysis will follow the California Air Pollution Control Officers Association (CAPCOA) white paper methodology and recommendations presented in Climate Change & CEQA, which was prepared in coordination with the California Air Resources Board and the Governor’s Office of Planning and Research as a common platform for public agencies to ensure that GHG emissions are appropriately considered and addressed under CEQA. The analysis will meet all of the requirements of CEQA Guidelines Section 15064.4.

This analysis will consider both a local and a regional approach toward determining whether GHG emissions are significant and will present mitigation measures to reduce impacts, consistent with the guidance and significance thresholds provided by the SCAQMD, if needed.

The discussion and analysis will include quantification of GHGs generated by the Project using the latest version of the CalEEMod computer model as well as a quantitative analysis of the Project’s consistency with any applicable state and local plans, including all applicable General Plan policies and the City’s Municipal Code. The discussion will also include a qualitative analysis, where applicable.

Task 3.5 Technical Study - Noise
De Novo has teamed with MD Acoustics to prepare the noise analysis to support the Initial Study.

Background Review and Baseline Conditions. Relevant Project and site background information, base graphics showing the site vicinity, and the proposed Project and adjacent land uses will be reviewed.

Project details including, the Technical Noise Study approach, the existence of any known noise producers within or just outside the area under study that need to be addressed within the technical study and the best locations for noise measurements will be discussed and determined in consultation with the City. Up to two (2) 24-hour noise measurements (long-term) and four (4) 10-minute noise measurements (shortterm) throughout the area will be obtained and baseline conditions will be documented.

Construction Noise and Vibration. Construction noise impacts from the Project will be qualitatively discussed and the potential for Project construction noise to exceed applicable City standards at nearby sensitive receptors will be assessed. Ground borne vibration associated with proposed construction activities will be estimated to determine if project vibration associated with the Project would exceed any applicable City standards or disturb nearby sensitive receptors. Mitigation measures to help reduce noise and vibration impacts to sensitive receptors will be identified, if necessary.

Traffic Noise. Utilizing a version of the FHWA Noise Prediction Model, the roadway noise impacts for the roadway segments identified in the transportation assessment will be determined for up to four (4) scenarios. Output levels will be compared to the City’s CEQA noise standards. Changes in noise level as it relates to CEQA and the City’s noise standards will be evaluated. Traffic noise impacts to the area under study from the local roadway network will be evaluated as it relates to the various land use type. Traffic noise levels will either be provided within a table or traffic noise contour maps. Traffic noise conditions will be discussed and noise impacts will be evaluated for existing and proposed land uses in light of the City’s Noise Compatibility Matrix.

4.5.a
Packet Pg. 71
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement City of Laguna Hills Proposal
Housing Element Certification, Rezone Program, Initial Study, and Objective Design Standards DE NOVO PLANNING GROUP 10
Operational Noise. Potential operational noise impacts from noise generating land uses to adjacent noise sensitive uses will be qualitatively discussed. The results will be compared to the City’s compatibility noise matrix for consistency to the City’s Noise Element.

Noise Report. A report documenting the existing noise environment, future noise environment and potential Project noise impacts will be prepared. This scope of work assumes two rounds of comments from the City and production of a final technical report to support the Initial Study. This scope of work assumes participation in up to one (1) meeting (via conference call) during preparation of the technical noise study.

Task 3.6 Technical Study - Transportation
De Novo has teamed with Fehr & Peers (F&P) to prepare the transportation analysis to support the Initial Study. The scope of work does not include level of service (LOS) analysis for intersection or roadway segments.

Data Collection and Existing Conditions Assessment. The primary focus of the data collection efforts will be to collect roadway segment traffic counts and to identify existing and planned bicycle, pedestrian, and transit facilities. F&P will coordinate with the Project team and City staff to identify what, if any, recent traffic counts are available.

F&P will collect 24-hour volume/classification counts at up to 10 roadway segments. This list of analysis locations will be verified through discussions with City Staff while reviewing which roadways the potential sites will add the most traffic.

F&P will also map existing roadway network classifications, existing and proposed bicycle facilities, existing and proposed pedestrian networks, transit service, existing truck and rail facilities. Pedestrian networks will be identified utilizing shape files provided by the City related to sidewalk facilities and/or conditions including field work to verify pedestrian networks within the City and identify gaps within the areas being proposed for rezoning. F&P will document available census information that is relevant to transportation, such as commute trip information, mode split information, and the relative locations of commuters to/from the City.

F&P will review the most recent OCTAM model and compare the roadway network and land use assumptions in the City of Laguna Hills in the Existing and Future year models. F&P has budgeted up to 12 staff hours to make targeted updates to the OCTAM land use and roadway network in the Existing and Future year scenarios within the City boundaries. F&P will produce existing origin/destination and boundary method VMT estimates.

Forecasting. F&P will discuss with City Staff the appropriate approach to developing forecasts for this effort at both the study segments and to estimate VMT for CEQA assessment. It is anticipated that the latest version of OCTAM will be the appropriate travel demand model for both VMT and traffic forecast calculations and this traffic model will be employed for the following purposes:
• Future roadway segment volumes to support other technical studies • VMT forecasts based on the origin/destination and boundary method. It is anticipated that these VMT forecasts will be employed for any Greenhouse Gas Emissions analysis that the

4.5.a
Packet Pg. 72
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement City of Laguna Hills Proposal
Housing Element Certification, Rezone Program, Initial Study, and Objective Design Standards DE NOVO PLANNING GROUP 11
environmental consultant will perform in addition to the VMT assessment being utilized for the transportation assessment.

F&P anticipate that the Project team and City Staff will provide direction on the appropriate land use and roadway network assumptions to include in the future year modeling. F&P understands that there may be a range of development potential being contemplated on different sites. F&P will confirm the appropriate assumptions with City Staff and the Project team, but anticipate using the upper end of development potential to fully capture any potential traffic impacts in the modeling. F&P will model up to four (existing, existing with rezoning, future, future with rezoning) scenarios and produce VMT and traffic forecasting estimates for each.

Please note that the scope of work does not include time to recalibrate the OCTAM model, nor time to develop a new calibrated model for this effort; rather, F&P proposes to utilize the best tool available to develop forecasts for this effort.

Initial Study Documentation. F&P will prepare the traffic study for inclusion into the Initial Study. This document will include:
• Identification of any conflicts with plans establishing performance measures for various nonautomotive modes of travel • Evaluation of any changes in air travel patterns
• Review of hazards due to design features
• Determination of adequate emergency vehicle access
• Identification of any conflicts with adopted plans or policies regarding alternative travel modes • Identification of potential VMT impacts
Once the impacts are identified, F&P will identify potential mitigations, if needed.

F&P will summarize the results into a draft traffic study and have budgeted 20 hours of staff time to update our report and/or respond to comments on the Initial Study.

Meeting Attendance. As part of this Task, F&P has budgeted for attendance at up to six conference calls with the Project team and/or City staff, and up two in-person meetings, which could include Planning Commission meetings, City Council Meetings, or project team meetings.

Task 3.7 Administrative Draft Initial Study
De Novo will prepare an Administrative Draft Initial Study for the City’s review. For the analysis, we will utilize the detailed project description developed in Task 1.0 and will incorporate the analysis and findings of the technical studies prepared in Task 2.0. The Initial Study will include detailed explanations of all checklist determinations and discussions of potential environmental impacts. The impact analysis will be in a consistent order of environmental factors, as presented in Appendix G of the CEQA Guidelines (Aesthetics, Agricultural and Forest Resources, Air Quality, etc.). The Administrative Draft Initial Study will be provided to the City for review.

4.5.a
Packet Pg. 73
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement City of Laguna Hills Proposal
Housing Element Certification, Rezone Program, Initial Study, and Objective Design Standards DE NOVO PLANNING GROUP 12
Task 3.8 Revised Draft Initial Study
Upon receipt of consolidated comments from the City, De Novo will revise the Initial Study and prepare a Revised Draft Initial Study for City review. The revisions will be provided in redline/tracked changes for ease of review.

Task 3.9 Initial Study Findings and Meeting with City Staff Once the Initial Study is complete and reviewed by City staff, De Novo will participate in a meeting with City staff to review and discuss the findings of the Initial Study and determine any additional CEQA documentation that may be required. Upon this determination, De Novo will provide the City with an updated scope of work to prepare the required documentation.

TASK 4 OBJECTIVE DESIGN STANDARDS
De Novo understands that this task will involve preparing a thorough set of objective design standards to govern the development of multi-family residential and mixed-use projects. Multi-family residential objective design standards will apply to both multi-family and mixed-use development projects. The City expects this project to provide standards that will be consistent with the requirements for objective standards in compliance with Senate Bill 35 the Housing Accountability Act, as amended in 2019 by Senate Bill 330. De Novo has teamed with SWA Group for graphic support on this task.

Task 4.1 Objective Design Standards Kickoff
De Novo and City Staff will meet to discuss the key components of the objective design standards work effort. This meeting will include an in-person city tour to gain insight related to community character and recent development projects. As part of this work, the project team will review key documents that will influence the preparation of the objective design standards.

Deliverables:
• One (1) electronic copy in Word and PDF of the administrative draft objective design standards Task 4.2 Administrative Draft Standards
De Novo will create an administrative draft of the objective design standards. We will coordinate with City staff to ensure adequate time for review and discussion of revisions. We request that we receive one consolidated set of City comments. As part of this work, the team will identify areas with a potential for multiunit and mixed-use development and document key physical characteristics of the existing surrounding community and neighborhoods. The insight gained from this analysis will help the team develop appropriate City-specific objective standards and allow stakeholders to better envision where such development is more likely to occur.

Deliverables:
• One (1) electronic copy in Word and PDF of the administrative draft objective design standards

4.5.a
Packet Pg. 74
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement City of Laguna Hills Proposal
Housing Element Certification, Rezone Program, Initial Study, and Objective Design Standards DE NOVO PLANNING GROUP 13
Task 4.3 Public Review Draft Standards
We will incorporate the City’s comments on the administrative draft and create a public review draft of the objective design standards. It is our assumption that City staff will facilitate distribution to the City Council and the Planning Commission for review and comment; however, we are prepared to assist with the document distribution.

Deliverables:
• One (1) electronic copy in Word and PDF of the public review draft objective design standards Task 4.4 Final Standards
De Novo will incorporate City and public comments into the final objective design standards to be considered by the Planning Commission and City Council. During this process, De Novo will prepare revisions to the final objective design standards as necessary to address comments from decisionmakers.

Deliverables:
• One (1) electronic copy in Word and PDF of the final objective design standards Task 4.5 User’s Guide
De Novo will Develop and prepare an illustrated user’s guide that outlines the objective design standards that will be used by architects, designers, developers, and others. The user’s guide will also demonstrate how to use the development standards in designing multi-unit and mixed-use development projects and will also be used by City staff during their review of a project’s conformance with the applicable design standards.

Deliverables:
• Administrative Draft and Final Illustrated User’s Guide TASK 5 PROJECT MANAGEMENT
De Novo understands that this task will involve preparing objective design standards for all residential types, consistent with State law. The objective design standards should include graphics and illustrations as appropriate.

Task 5.1 Project Management/Progress Meetings
De Novo will facilitate regular project management and progress meetings with City staff to ensure that the project is on time, on budget, and that any issues are quickly resolved. It is assumed progress meetings will be conducted throughout the duration of the project via conference call, with in-person meetings occurring when circumstances warrant.

Deliverables:
• Twelve (12) progress meetings; meeting summary notes

4.5.a
Packet Pg. 75
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement De Novo Planning Group
Laguna Hills Housing Element Certification, Rezoning, and Objective Design Standards MD
Acoustics Fehr & Peers SWA Group Direct Costs
hours $200 hours $175 hours $130 hours $120 hours $115 hours $100 hours Fee Fee

1.1 Housing Element Certification Kickoff 4 $800 4 $700 0 $0 4 $480 8 $920 0 $0 20 $2,900 $2,900

1.2 Housing Element Update Technical Revisions 16 $3,200 20 $3,500 20 $2,600 48 $5,760 20 $2,300 0 $0 124 $17,360 $17,360

1.3 HCD Coordination 24 $4,800 12 $2,100 0 $0 12 $1,440 0 $0 0 $0 48 $8,340 $500 $8,840

1.4 Study Sessions (3) 15 $3,000 0 $0 0 $0 20 $2,400 8 $920 0 $0 43 $6,320 $2,500 $8,820

1.5 Public Education 4 $800 0 $0 0 $0 24 $2,880 6 $690 0 $0 34 $4,370 $4,370

1.6 Stakeholder Outreach 4 $800 16 $2,800 0 $0 0 $0 0 $0 0 $0 20 $3,600 $3,600 TASK 1 SUBTOTAL 67 13,400 $ 52 9,100 $ 20 2,600 $ 108 12,960 $ 42 4,830 $ 0 $ ‐ 289 42,890 $ ‐ $ ‐ $ $ 2,500 $ 500 $43,390

2.1 Rezone Program Kickoff 4 $800 4 $700 0 $0 4 $480 0 $0 0 $0 12 $1,980 $1,980

2.2 Administrative Draft Zoning Text Amendment 12 $2,400 16 $2,800 24 $3,120 80 $9,600 0 $0 0 $0 132 $17,920 $3,500 $21,420

2.3 Revised Draft Zoning Text Amendment 6 $1,200 8 $1,400 18 $2,340 24 $2,880 0 $0 0 $0 56 $7,820 $2,000 $9,820

2.4 Public Review Draft Zoning Text Amendment 4 $800 8 $1,400 10 $1,300 12 $1,440 0 $0 0 $0 34 $4,940 $1,500 $6,440

2.5 Final Zoning Text Amendment 2 $400 4 $700 0 $0 12 $1,440 2 $230 0 $0 20 $2,770 $1,500 $4,270

2.6 Zoning Map Amendment 6 $1,200 12 $2,100 0 $0 0 $0 24 $2,760 0 $0 42 $6,060 $1,000 $7,060

2.7 Community Survey and Open Houses 12 $2,400 8 $1,400 16 $2,080 40 $4,800 12 $1,380 0 $0 88 $12,060 $5,000 $300 $17,360

2.8 Councilmember Briefings (10) 16 $3,200 16 $2,800 0 $0 4 $480 0 $0 0 $0 36 $6,480 $6,480

2.9 Public Hearings (4) 10 $2,000 10 $1,750 0 $0 6 $720 4 $460 0 $0 30 $4,930 $2,500 $7,430 TASK 2 SUBTOTAL 72 14,400 $ 86 15,050 $ 68 8,840 $ 182 21,840 $ 42 4,830 $ 0 $ ‐ 450 64,960 $ $0 $0 $16,000 $1,300 $82,260

3.1 Project Description Preparation 2 $400 4 $700 24 $3,120 $0 4 $460 $0 34 $4,680 $4,680

3.2 Technical Study ‐ Air Quality $0 2 $350 28 $3,640 $0 $0 $0 30 $3,990 $3,990

3.3 Technical Study ‐ Energy $0 2 $350 18 $2,340 $0 $0 $0 20 $2,690 $2,690

3.4 Technical Study ‐ Greenhouse Gas Emissions $0 2 $350 24 $3,120 $0 $0 $0 26 $3,470 $3,470

3.5 Technical Study ‐ Noise $0 4 $700 $0 $0 $0 $0 4 $700 $5,600 $6,300

3.6 Technical Study ‐ Transportation $0 4 $700 $0 $0 $0 $0 4 $700 $48,540 $49,240

3.7 Administrative Draft Initial Study 4 $800 20 $3,500 24 $3,120 24 $2,880 6 $690 24 $2,400 102 $13,390 $13,390

3.8 Revised Draft Initial Study 2 $400 12 $2,100 12 $1,560 12 $1,440 2 $230 8 $800 48 $6,530 $6,530

3.9 Initial Study Findings and Meeting with City Staff 2 $400 2 $350 $0 $0 $0 $0 4 $750 $750 TASK 3 SUBTOTAL 10 2,000 $ 52 9,100 $ 130 16,900 $ 36 4,320 $ 12 1,380 $ 32 3,200 $ 272 36,900 $ $ 5,600 $ ‐ 48,540 $ ‐ $ $91,040

4.1 Objective Design Standards Kickoff 2 $400 4 $700 4 $520 0 $0 4 $460 0 $0 12 $2,080 $1,000 $3,080

4.2 Administrative Draft Standards 2 $400 4 $700 24 $3,120 0 $0 4 $460 8 $800 40 $5,480 $3,000 $8,480

4.3 Public Review Draft Standards 2 $400 4 $700 12 $1,560 0 $0 2 $230 0 $0 18 $2,890 $2,000 $4,890

4.4 Final Standards 2 $400 2 $350 8 $1,040 0 $0 0 $0 0 $0 10 $1,790 $2,000 $3,7904.5 User's Guide 2 $400 2 $350 8 $1,040 0 $0 0 $0 0 $0 0 $1,790 $7,500 $500 $9,790 TASK 4 SUBTOTAL 10 $2,000 16 $2,800 56 $7,280 0 $0 10 $1,150 8 $800 80 $14,030 $0 $0 $15,500 $500 $30,030

5.1 Project Management/Progress Meetings 24 $4,800 24 $4,200 0 $0 0 $0 0 $0 0 $0 24 $9,000 $9,000 TASK 5 SUBTOTAL 24 $4,800 24 $4,200 0 $0 0 $0 0 $0 0 $0 24 $9,000 $0 $0 $0 $0 $9,000 SUBTOTAL 183 $36,600 230 $40,250 274 $35,620 326 $39,120 106 $12,190 40 $4,000 1,115 $167,780 $5,600 $48,540 $34,000 $2,300 $255,720 $255,720
$25,572
$281,292
NOTES:Subconsultants and Direct Costs are billed at no markup.

De Novo Planning Group reserves the right to reallocate budget between various consulting team members and between tasks, provided the overall project budget does not change.

PIC/Project Manager
Urban Design
TASK 1: HOUSING ELEMENT CERTIFICATION
Printing,
Postage,
Filing Fees
10% Contingency Fee
TASK 5: PROJECT MANAGEMENT
TOTALS
TASK 2: REZONE PROGRAM
TASK 3: ENVIRONMENTAL REVIEW/INITIAL STUDY

TASK/ACTIVITY
De Novo Subtotal GIS Analyst
TOTALS
Noise Transportation

ACTIVITY

TOTAL FEE (INCLUDING CONTINGENCY)
TASK 4: OBJECTIVE DESIGN STANDARDS
Total Fee (Excluding Contingency)
Principal Planner Senior Planner Associate Planner Assistant Planner

4.5.a
Packet Pg. 76
Attachment: Attachment 1 - Proposed Professional Services Agreement with De Novo Planning Group (3014 : Professional Services Agreement STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
September 28, 2022
Larry Longenecker, Director
Community Development Department
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
Dear Larry Longenecker:

RE: City of Laguna Hill’s 6th Cycle (2021-2029) Revised Draft Housing Element Thank you for submitting the City of Laguna Hill’s (City) revised draft housing element received for review on August 15, 2022. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by conversations on September 19 and 27, 2022 with you and consultants Jennifer Gastelum and Nicole West.

In addition, HCD considered comments from ValueRock Investment Partners, Welcoming Neighbors Home, Cape Point Development, Josh Albrektson, and Stevie Grant pursuant to Government Code section 65585, subdivision (c).

The revised draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov.

Code), as follows:

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)
Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics… (Gov. Code, § 65583, subd. (c)(5).) Identified Sites and Affirmatively Furthering Fair Housing (AFFH): The element does not meet this requirement. The element should quantify and evaluate the regional housing need allocation (RHNA) by income group and location and provide analysis at the neighborhood or planning area level. Please see the August 2, 2022 review for more information.

4.5.b
Packet Pg. 77
Attachment: Attachment 2 - September 28, 2022 HCD Comment Letter (3014 : Professional Services Agreement - De Novo Planning Group) Larry Longenecker, Director

Page 2 ends

Goals, Actions, Metrics, and Milestones: While the element has added actions to various programs, programs must generally be revised with specific commitment, timing, geographic targeting, and metrics to have a significant and beneficial impact on fair housing conditions. As noted in the August 2, 2022 review, programs that should be revised with geographic targeting include Program 5 (Foreclosure Referral Program), 9 (SB 2 Grant Implementation), 13 (Continuum of Care funding), 14 (Displacement Prevention and Mitigation), 15 (Affordable Housing Developer Partnerships), 17 (Accessibility), and 21 (Facilitate Affordable Development on Identified Sites). Programs that should be revised with AFFH metrics include Program 2 (State Franchise Tax Board Code Enforcement), 3 (Housing Rehabilitation), 4 (At-Risk Units), 5 (Foreclosure Referral), 6 (Urban Village Specific Plan), 7 (Zoning Ordinance Update), 8 (Accessory Dwelling Units), 9 (SB 2 Grant Implementation), 12 (CDBG Funding), 13 (Continuum of Care funding), 14 (Displacement Prevention and Mitigation), 15 (Affordable Housing Developer Partnerships), 16 (Fair Housing Program), 17 (Accessibility), and 21 (Facilitate Affordable Development on Identified Sites). Programs that should be revised with specific commitment to timing include Program 5 (Foreclosure Referral Program), 6 (Urban Village Specific Plan), and 8 (Accessory Dwelling Units). In addition, Program 3 should be revised to incorporate a metric such as the percentage of homes rehabilitated in lowerincome neighborhoods and Program 18 should be revised to include actions that affirmatively further fair housing with a commitment to adjust should actions not be met.

2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory… (Gov. Code, § 65583, subd. (c)(1).) Suitability of Nonvacant Sites: While the element adds analysis for some sites, sites 81, 101, and 103 must provide additional analysis as described in the prior review to demonstrate the potential for redevelopment in the planning period. In addition, as noted in the August 2, 2022 review, the element should also consider public commenters on the revised draft, particularly the inclusion of sites that have expressed interest in residential development in the planning period.

4.5.b
Packet Pg. 78
Attachment: Attachment 2 - September 28, 2022 HCD Comment Letter (3014 : Professional Services Agreement - De Novo Planning Group) Larry Longenecker, Director

Page 3 ends

In addition, while the element notes the replacement ratio for the AV and AP apartments, it must still demonstrate how these apartments will likely redevelop and add a program to implement displacement protection strategies. Please see HCD’s prior review for additional information.

As a reminder, as noted in the housing element, the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lowerincome households. For your information, the housing element must demonstrate existing uses are not an impediment to additional residential development and will likely discontinue in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).) Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.

Electronic Sites Inventory: For your information, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/community-development/housingelement/index.shtml#element for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.

Programs: As noted above, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established.

Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.

3. Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).)
As noted in the August 2, 2022 review, the element must continue to make a diligent effort to include all segments of the community throughout the preparation of the housing element. For example, once revised, the element should be proactively sent out to all stakeholders who have provided public input at any point in the housing element update process. In addition, the element should explicitly evaluate and incorporate, as appropriate, public comments, describe how the element was shaped by public comments, and describe reasons why public comments were not incorporated into the review.

4.5.b
Packet Pg. 79
Attachment: Attachment 2 - September 28, 2022 HCD Comment Letter (3014 : Professional Services Agreement - De Novo Planning Group) Larry Longenecker, Director

Page 4 ends

The element will meet the statutory requirements of State Housing Element Law once it has been revised and adopted to comply with the above requirements.

For your information, pursuant to Senate Bill 197 (Chapter 70, Statutes of 2022), as the City did not adopt a compliant housing element within 120 days of the statutory deadline (October 15, 2021), as of this writing, any rezoning must be completed within one year of the statutory deadline (October 15, 2022). If the element is not found in compliance by October 15, 2022, HCD cannot find the element in compliance until the rezoning is complete.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

4.5.b
Packet Pg. 80
Attachment: Attachment 2 - September 28, 2022 HCD Comment Letter (3014 : Professional Services Agreement - De Novo Planning Group) Larry Longenecker, Director

Page 5 ends

HCD appreciates the responsiveness, dedication, and hard work you, Jay Wuu, Senior Planner; and consultants Jennifer Gastelum and Nicole West provided during the review. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Jose Ayala, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager

4.5.b
Packet Pg. 81
Attachment: Attachment 2 - September 28, 2022 HCD Comment Letter (3014 : Professional Services Agreement - De Novo Planning Group) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: November 15, 2022
TO: Mayor and Council Members
FROM: Joe Ames
Public Works Director/City Engineer
ISSUE: Award of Public Works Construction Contract for the Civic Center Cooling Tower Replacement Project, CIP No. 505-A
RECOMMENDATION: That the City Council: 1) Award the Public Works Construction Contract for the Civic Center Cooling Tower Replacement Project, CIP No. 505-A, to the lowest responsive bidder, Allison Mechanical, Inc., in the amount of $146,600.00; 2) Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA), as a Class 1 Existing Facilities, pursuant to CEQA Guidelines, Section 15301; 3) reject all other bids; and 4) authorize the Mayor to sign the Public Works Construction Contract.

SUMMARY:

Bids for the subject project were opened on October 20, 2022, at which time six bids were received. Unfortunately, the lowest bidder used the bid sheets from the prior bid documents; therefore, their bid was deemed non-responsive and was disqualified. The second lowest bidder, Allison Mechanical, Inc., which is the lowest responsive bidder, submitted a bid in the amount of $146,600.00. Allison Mechanical, Inc. provided satisfactory references, and City staff verified the contractor is licensed for the contemplated work and is registered with the State Department of Industrial Relations.

The Civic Center reserves are adequate to fund the project; therefore, award of the contract to Allison Mechanical, Inc., is recommended.

4.6 Packet Pg. 82
Award of Contract for Civic Center Cooling Tower Replacement Project, CIP No. 505-A November 15, 2022

Page 2 ends

BACKGROUND:

In accordance with City Council authorization on September 13, 2022, this project was re-bid.

On October 20, 2022, six bids for the Civic Center Cooling Tower Replacement Project, CIP No. 505-A were opened as follows:

Bidder Bid Amount
Pacific West Industries, Inc. $136,500.00**
Allison Mechanical, Inc. $146,600.00
Los Angeles Air Conditioning, Inc. $171,470.00
White Mechanical, Inc. $177,039.00
AC Pros, Inc. $180,000.00
F.M. Thomas Air Conditioning, Inc. $185,934.00
**The bid amount listed herein reflects a stainless-steel basin option, which is the same cooling tower configuration as the other bids submitted.

The engineer’s estimate for this project is $200,000.00.

Unfortunately, the lowest bidder, Pacific West Industries, Inc., used the bid sheets from the prior bid documents; therefore, their bid was deemed non-responsive and was disqualified. The second lowest bidder, Allison Mechanical, Inc., which is the lowest responsive bidder, submitted a bid in the amount of $146,600.00. Allison Mechanical, Inc. provided satisfactory references and City staff verified the contractor is licensed for the contemplated work and is registered with the State Department of Industrial Relations. Therefore, award of the contract to Allison Mechanical, Inc. in the bid amount of $146,600.00 is recommended.

The work includes removal and disposal of the existing cooling tower system (also known as a fluid cooler), furnishing and installing the new cooling tower system, and all other appurtenant work.

4.6 Packet Pg. 83
Award of Contract for Civic Center Cooling Tower Replacement Project, CIP No. 505-A November 15, 2022

Page 3 ends

CEQA FINDINGS:

Staff has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and determined that this project is categorically exempt from CEQA pursuant to Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1 – Existing Facilities). This exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The proposed project will replace the existing cooling tower system. Therefore, the project is exempt from the requirements of CEQA.

FISCAL IMPACT:

The project is within the FY 2022/2023 Civic Center budget and the Civic Center reserves are adequate to fund the project.

ATTACHMENTS:
• Proposed Contract Agreement with Allison Mechanical, Inc. including Bonds • Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A

4.6 Packet Pg. 84

CITY OF LAGUNA HILLS

CONTRACT AGREEMENT
FOR

CIUC CENTER COOLING TOWER REPLACEMENT PROJECT
ctP No.505-A
THIS CONTRACT AGREEMENT (hereinafter "Agreement" or "Contract" or "Contract Agreement") is made and entered into for the above stated Project this 1Sth day of November, 2022,8Y AND BETWEEN THE CITY OF LAGUNA HILLS, as CITY, and Allison Mechanical, lnc., as CONTRACTOR.

WITNESSETH that CITY and CONTRACTOR have mutually agreed as follows:

ARTICLE I
The contract documents for the aforesaid Project shall consist of the Notice lnviting Sealed Bids, lnstructions to Bidders, Proposal Documents, Contract Documents, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and all appendices attached hereto, together with this Contract Agreement and all required bonds, insurance coverage, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to ensure its completion in an acceptable manner (hereinafter collectively the "Contract Documents"). All of the provisions of said Contract Documents are attached hereto and are incorporated by reference herein and made a part of this Contract Agreement as though fully set forth herein.

ARTICLE II
For and in consideration of the payments and agreements to be made and performed by CITY, CONTMCTOR agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.

ARTICLE III
CONTMCTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

ARTICLE IV
CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.
t5l 1509.1
cA- I

4.6.a
Packet Pg. 85
Attachment: Proposed Contract Agreement with Allison Mechanical, Inc. including Bonds (3005 : Award of Contract for Civic Center Cooling

ARTICLE V
CONTRACTOR acknowledges the provisions of the Labor Code requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance in accordance with the provisions of that code, and certifies compliance with such provisions.

ARTICLE VI
CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein.

ARTI LE VII
CONTMCTOR hereby represents and warrants that it will comply with all of the provisions of the Federal lmmigration and NationalityAct, S U.S.C. Section 1101, et seg., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should CONTRACTOR so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against CITY for such use of unauthorized aliens, CONTRACTOR hereby agrees to reimburse CITY for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys'fees, incurred by CITY.

ART vllt
To the fullest extent permitted by law, CONTRACTOR shall defend (at CONTRACTOR's sole cost and expense), indemnify, protect, and hold harmless CITY, its elected and appointed officials, officers, employees, agents, and volunteers (collectively the "lndemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (CONTMCTOR's employees included), or for damage to property, including property owned by CITY, which Claims arise out of, pertain to, or are related to CONTRACTOR's performance under the Agreement.

Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONTRACTOR's indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless, and indemnify the CITY, its elected and appointed officials, officers, employees, agents, and volunteers, shall not apply to such claims or liabilities arising from the sole or active negligence or willful misconduct of CITY.

ARTICLE IX
CONTRACTOR shall be familiar with, observe, and comply at all times during the term of this Agreement with any work rules for contractors as may be established and promulgated by the City Manager, which work rules shall be additional terms and conditions for providing the work and services to the CITY pursuant to this Agreement, as may be updated and/or amended from time to time at the sole discretion of the City Manager.

ISTGNATURES ON NEXT PAGEI
I 5l 1509.1
CA.2

4.6.a
Packet Pg. 86
Attachment: Proposed Contract Agreement with Allison Mechanical, Inc. including Bonds (3005 : Award of Contract for Civic Center Cooling

CONTRACT AGREEMENT
lN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first written.

CITY: CONTMGTOR:

ALLISON MECHANICAL, INC.

DAVE WHEELER, MAYOR

CITY OF LAGUNA HILLS
BY: Don
ATTEST:
0 President

JENNIFER LEE, CITY CLERK

CITY OF LAGUNA HILLS
(rrLE)
Mark Allison
(PRrNr)
/o
(STGNATURE)
Vice President/Secretary
(rrLE)
NOTE:

JURAT

SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED, ATTACH d"
l,* GREGORY E. SIMONIAN, CIry ATTORNEY

CITY OF LAGUNA HILLS
l5l 1 509.1
CA- 3

4.6.a
Packet Pg. 87
Attachment: Proposed Contract Agreement with Allison Mechanical, Inc. including Bonds (3005 : Award of Contract for Civic Center Cooling lr

ISSUED IN TWO ORIGINAL COUNTERPARTS
CoUNTERPARTNo. 7- or 2/
This bond shall take effect upon approval to proceed with award of construction by the City of Laguna Hills, California and after an Authorized Ofiicial signs the Agreemeht form. (PAGE I OF 2)
ffiRtcil\A[_
Bond Amount $ 146,600.00
Bond Numlsy 024261438
PREMIUM; $2,112.00
THE PREMIIJM IS PRTIICAIE)OI{
lHT FINAL COIilTRACT PHCI AIItl
!S SUBJECT M AN'ffiTilEIIT FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, on November 15, 2022, the City of Laguna Hills, California ("City") awarded a public works contract (the "Contract"), delineated as Contract No. CIP No. 505-4, for the Civic Center Cooling Tower Replacement Project, as specified in the Contract, to, Allison Mechanical, lnc., a California Corporation, hereby designated as the "Principal",which Contract is attached hereto, and which Contract and all documents incorporated therein by reference are expressly incorporated into this bond by reference.

AND WHEREAS, the Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the Principal, and The Ohio Casualtv lnsurance Companv (the (NAME OF SUREry)
"Surety"), an admitted surety insurer in the State of California, are held firmly bound unto the City of Laguna Hills in the sum of One Hundred Forty-Six Thousand, Six Hundred Dollars and 00/100 DOLLARS ($146,600.00), lawful money of the United States of America, for the payment of which sum, well and truly be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:

1. lf the Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly do and perform all of the covenants and obligations of the Contract, including the provisions for liquidated damages in said Contract, and including any and all amendments, supplements, and alterations made to the Contract as provided therein, on the Principal's part to be done and performed at the times and in the manner specified in the Contract, and shall indemnify and save harmless the City, its officers and agents as specified in the Contract, then this obligation shall be null and void, othenruise it shall be and remain in fullforce and effect;

2. ln the event the Principal fails to fully perform all requirements in accordance with the terms and conditions of the Contract, then the Surety shall enforce performance by the Principal or shall pay the City for the same in an amount not exceeding the amount specified in this bond.
151 1509 1
CA.4

4.6.a
Packet Pg. 88
Attachment: Proposed Contract Agreement with Allison Mechanical, Inc. including Bonds (3005 : Award of Contract for Civic Center Cooling Bond Amount $
146,600.00
Bond Numbsy 024261438

FAITHFUL PERFORMANCE BOND
(PAGE 2 OF 2)

3. ln the event suit is brought upon this bond by the City and judgment is recovered, as pad of the obligation secured hereby and in addition to the face amount specified in this bond, the Surety shall pay all costs incurred by the City in such suit, including reasonable attorneys' fees to be fixed by the court.

4. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations, additions, omissions or other modifications to the terms of the Contract, or in the work to be performed or the material to be furnished under the Contract, or in the specifications or plans, whether or not made pursuant to the terms of the Contract, shall in any manner release either the Principal or Surety or affect the Surety's obligations on this bond, and it does hereby waive notice of any such changes, extensions, alterations, additions, omissions or other modifications. lN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on the 31st dsy of October 2022

PRINCIPAL SURETY
Allison Mechanical, lnc. The Ohio Casualty lnsurance Company By
(Principal Na (Seal) (S (Seal)
nature (sig re)
Don Allison President
(Print Name and Title) (Print Name and Title)
By By:
(Signature) (Signature)
(Print Name and Title)
(Print Name and Title)
Principal Address and Telephone: Surety Address and Telephone Allison Mechanical The Ohio Casualty lnsurance Company
1968 Essex Ct. 790 The City Drive South Ste. 200
Redlands, CA 92373 Orange, CA92868 909-478-5637 760-218-8778 Affix Corporate Seals
Attach Notary Acknowledgments for All Signatures
Attach Power-of-Attorney if Executed by Attorney-in-Fact l5ll509.l
CA- 5

4.6.a
Packet Pg. 89
Attachment: Proposed Contract Agreement with Allison Mechanical, Inc. including Bonds (3005 : Award of Contract for Civic Center Cooling w
Libertv
Mutudl.

This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.

Liberty Mutual lnsurance Company
The Ohio Casualty lnsurance Company
West American lnsurance Company

IN WITNESS WHEREOF,
thereto this 22nd day
this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed Libefi Mutual lnsurance Company
The 0hio Casualty lnsurance Company
lnsurance Company
State of PENNSYLVANIA
CountyofMONTGOMERY
ss
On this 22nd day of___4!g$l_ , 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual lnsurance Company, The Ohio Casualty Company, and West American lnsurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. lN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.

Certifi cate No: 8208623-972008
SURETY
of August 2022
Commonweallh of Ponnsylvania - Notary Seal
TeEsa Pastella, Notsry Public
Montgomery County
My @mmisslon expires March 28, 2025
Commi$ion number 1 1260,14
/-fr/A'
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty lnsurance Company, Liberty Mutual lnsurance Company, and West American lnsurance Company which resolutions are now in full force and effect reading as follows:

ARTICLE lV - OFFICERS: Section 12. Power of Attorney.

Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessar to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and afested to by the Secretar. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the offlcer or officers granting such power or authority.

ARTICLE Xlll - Execution of Contracts: Section 5. Surety Bonds and Undertakings.

Any offcer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and aftested by the secretary.
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.

Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
l, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty lnsurance Company, Liberty Mutual lnsurance Company, and West American lnsurance Company do has not been revoked.

INTEST|MONYWHEREOF,lhavehereuntosetmyhandandaffixedtheseasofsdidCompanii;sthis 31st dayof October ,20n 1912 1919 1991
U'
(D
E
o
o
(5
E
o
L
o
o
$
N@I
(\l
cr) @I O
(o
ct
C)
U)
c) p
o .-i L
=(IJ Edr o q.1
F* d>
EE.EC'=
8u
-qOO 6s) caE
o#
Rfr 9d
o.L tr- I9o(5
tt>
=o(!c>o .HFo=z6
1912 {919 1991
LMS-12873 LMIC OC|C WAIC Multi Co 02121
By:

4.6.a
Packet Pg. 90
CALIFORNIA ACKNOWTEDGMENT ctvtL coDE 51189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ol that document.

State of California
County of Riverside
on ocT312022
Dote Here lnsert Nsme and Title of the Offlcer
personally Julia B. Bales appeared
Nome(s) of Signe(s)
who proved to me on the basis of satlsfactory evidence to be the person(s| whose namefs) ls/onesubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herlthek signature(s) on the instrument the person(a[ or the entity upon behalf of which the person(s) acted, executed the instrument. )
before me, Mariah Giselle Barela, Notary Public

MARIAH GISELLE
coMM. #24L
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct,
WITNESS my hand and official seal.

NOTARY PUBTIC - CALIFORI{IA
RIVERSIDE C0ul'|il
Comm. Expires Sept.20, 2026
Signature
Ploce Notory Seql ond/or Stomp Above of Notory Public

OPTIONAL
Completing thls lnformatlon con deter alterotion of the document or fraudulent reottochment of thls form to an unintended document.

Description of Attached Document
Title or Type of Document:

DocumentDate: NumberofPages:-
Signe(s) Other Than Named Above:

Capaclty(les! Clalmed by Slgner(s)
Slgner's Name: Signer's Name:

El Corporate Officer - Title(s): o Corporate Offlcer - Tltle(s):

El Partner- u Limlted tr General
tr lndlvidual o Attorney in Fact
El Trustee tr Guardian or Conservator
n Other:

Slgner is Representing:
tr Partner- tr Limited tr General
tr lndividual tr Attorney ln Fact
ft Trustee o Guardian or Conservator
u Other:
@2019 National Notary Association
Signer is Representing:

4.6.a
Packet Pg. 91
Attachment: Proposed Contract Agreement with Allison Mechanical, Inc. including Bonds (3005 : Award of Contract for Civic Center Cooling GALIFORI{IA ALL.PURPOSE ACKI{OWLEDGTEI{T crvrl coDE s 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of San Bemardino
On November 1,2022 before me, Lisa Daniels, Public
Date
personally appeared
Name(s) of Signer(s)
**rt't**tttl.*tf *rt*!s,t!t****** **,t* ******* ***ri****** * ***tirsrt***{.* ** **!t**!t!t!t * **!trt,t!t****!t!i!t*!t*r} * who proved to me on the basis of satisfactory evidence to be the person(g) whose name(r) islarn subscribed to the within instrument and acknowledged to me that he/$ldtFOy executed the same in his/hndhaixauthorized capacity(ias), and that by hisrrUtf*{dil(signature($ on the instrument the person(r), or the entity upon behalf of which the person(1) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

LISA DANIELS
coMM. # 2325150

NOTARY PUBLIC ' CALIFORNIA

SAN BERNARDINO COUNTY
WITNESS my hand and officialseal.

Comm APR.1 2024 Signature
Signature of Notary Public
Place Notary SealAbove

OPTIONAL
Though this section is optional, completing this information can deter altemtion of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
of Document:

Number of Pages:

Signer(s) Other Above:

Gapacity$es) Glaimed by
Signer's Name: Signer's Name:
n Corporate Officer - Title(s): Officer - Title(s):

Herc lnseft Name and Title of the Officer
DOn AlliSOn*************:*'*{.*:*:*t*******,*{.**{.!ttt{.{.t*ttr*ttrttt**tt*tl.{tr.!********* D^hg
E Partner - n Limited n General ! lndividual n Attorney in Fact ! Trustee n Guardian or Conservator tr
n lndividual
n Trustee
tr Limited n General
in Fact
or Conservator
n Other: n Other:

Signer ls Representing Signer ls Representing:
02016 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6827) ltem #5907

4.6.a
Packet Pg. 92
Attachment: Proposed Contract Agreement with Allison Mechanical, Inc. including Bonds (3005 : Award of Contract for Civic Center Cooling

ISSUED IN TWO ORIGINAL COUNTERPARTS
COUNTERPART NO. L OF ->
This bond shall take effect u-pon approvan-o proceed with award of construction by the Qty oJ lagllng Hills, California and after anAuthorized Official signs the Agreement form. (PAGE 1 OF 2)
ffi fe !G ! f\A!-, pAyMENr (LAB.R AND MATERTAL) B
Bond Amount 146 600.00
Bond Number 024261438
P R E M I U M : |""^'YBE?[$3'- fi [f 3l'gt'nj#oouo
OND $,iffi,ffiffi
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, on November 15, 2022,the City of Laguna Hills, California ("City") awarded a public works contract (the "Contract"), delineated as Contract No. CIP No, 505-4, for the Civic Center Cooling Tower Replacement Project, as specified in the Contract, to, Allison Mechanical, lnc., a California Corporation, hereby designated as the "Principal", which Contract is attached hereto, and which Contract and all documents incorporated therein by reference are expressly incorporated into this bond by reference.

AND WHEREAS, the Principal is required under the terms of the Contract to give this bond in connection with the execution of the Contract.

NOW, THEREFORE, we, the Principal, and The Ohio Casualtv lnsurance Companv (the "Surety"), an admitted surety insurer in the State of California, are held firmly bound unto the City of Laguna Hills in the sum of One Hundred Forty-Six Thousand Six Hundred Dollars and 00/100 DOLLARS ($146,600.00), lawful money of the United States of America, for the payment of which sum, well and truly be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:

1. lf the Principal, or its subcontractors, or their respective heirs, executors, administrators, successors or assigns, shall fail to pay (a) any of the persons named in Section 9100 of the California Civil Code, (b) any amounts due underthe California Unemployment lnsurance Code with respect to work or labor performed under the Contract, or (c) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and its subcontractors pursuant to Section 13020 of the California Unemployment lnsurance Code with respect to such work or labor, then the Surety shall pay for the same, in an aggregate amount not exceeding the sum specified in this bond. ln case suit is brought upon this bond, the Surety will pay reasonable attorney's fees to be fixed by the court.
l5l ls09 r
CA- 6

4.6.a
Packet Pg. 93
Attachment: Proposed Contract Agreement with Allison Mechanical, Inc. including Bonds (3005 : Award of Contract for Civic Center Cooling Bond Amounl g 146,600.00
Bond Numbsy 024261438

PAYMENT (LABOR AND MATERIAL) BOND
(PAGE 2 OF 2)

2. This bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

3. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations, additions, omissions or other modifications to the terms of the Contract, or in the work to be peformed or the material to be furnished under the Contract, or in the specifications or plans, whether or not made pursuant to the terms of the Contract, shall in any manner release either the Principal or Surety or affect the Surety's obligations on this bond, and it does hereby waive notice of any such changes, extensions, alterations, additions, omissions or other modifications.
lN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on the 31st day of Onfnher 2022

PRINCIPAL SURETY
Allison Mechanical, lnc. The Ohio Casualty lnsurance Company (Principal N (Seal) (S me) (Seai)
By
re) (si re)
Don Allison, President B. Bales, Attorney ln Fact
(Print Name and Title) (Print Name and Title)
By:
(Signature) (Signature)
(Print Name and Title) (Print Name and Title)
Principal Address and Telephone
Allison Mechanical
1968 Essex Ct.

Redlands, CA 92373
909-478-5637
Surety Address and Telephone
The Ohio Casualty lnsurance Company
790 The City Drive South Ste. 200
Orange, CA 92BOB
760-218-8778
Affix Corporate Seals
Attach Notary Acknowledgments for All Signatures
Attach Power-of-Attorney if Executed by Attorney-in-Fact lslls09.l
CA.7

4.6.a
Packet Pg. 94
Attachment: Proposed Contract Agreement with Allison Mechanical, Inc. including Bonds (3005 : Award of Contract for Civic Center Cooling This Power of Aftorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.

Liberty Mutual lnsurance Company
The Ohio Casualty lnsurance Company
West American lnsurance Company

POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty lnsurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Green; Julia B. Bales; Kenneth A. Coate; Kevin Gigler; Renae N. Balderas; Stephanie D. Fisher Libertv
Mutudl. Certifi cate No: 8208623-972008
SURETY
m0re 0ne tiue to
execute, seal, on beh AS any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper pers0ns.
lN WITNESS WHEREOF, this Power ofAttorney has been subscribed by an authorized officer or official ofthe Companies and the corporate seals ofthe Companies have been affixed thereto this 22nd day of August , 2022
Liberty Mutual lnsurance Company
The 0hio Casualty lnsurance Company
West lnsurance Company
M. Assistant
State of PENNSYLVANIA
County of MONTG0MERY
ss
0n this 22nd day of August , 2022 belore me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual lnsurance Company, The 0hio Casualty Company, and West American lnsurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. lN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.

By:

By: /-frL/^'
This Power of Aftorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty lnsurance Company, Liberty Mutual lnsurance Company, and West American lnsurance Company which resolutions are now in full force and effect reading as follows:

ARTICLE lV - OFFICERS: Section 12. Power of Attorney.

Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and sub.lect to such limitation as the Chairman or the President may prescribe, shall appoint such aforneys-in-fact, as may be necessar to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety have fuli power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such inskuments shall be as binding as if signed by the President and aftested to by the Secretar. Any power or authority granted to any representative or aforney-in-fact under the provisions of lhis article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.

ARTICLE Xlll - Execution of Contracts: Section 5. Surety Bonds and Undertakings.

Any offcer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in{act, as may be necessary io act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, Company by their signature and execution of any such instruments and to attach thereto the seal of the Company, When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.

Company, wherever appearing upon a certified copy of any power of aftorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
l, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty lnsurance Company, Liberty Mutual lnsurance Company, and West American lnsurance Company do has not been revoked.
lNTESTIMONYWHEREOF,lhavehereuntosetmyhandandaffixedthesealsofsaidCompaniesthis 3lst dayof October ,2022 1912 1919 1991
al, E
o
o
-o
c
c.
=,
L
o
o
$
N@t
N(v)
@I o
(o
(5
o
a
o
o
C
(It
5qE6uql
o=,fiJ 6>
EE
^E f;nOY
OO
6gr citr
_L (Jq
R'6 96
o.L tr^
o(tr
o>
=o(oc >o gFo=
z. a)
ofPennsylvsnia - Notary
Teresa Pastolla, Nolary Public
Montgomery County
My mmmission expires Msrch 28, 2025
1912 1919 199{
LMS-12873 LMIC OCIC WAIC [rulti Co 0212'i
By:

4.6.a
Packet Pg. 95
CALIFORNIA ACKNOWTEDGMENT crvrl coDE g 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ol that document.

State of California
County of Riverside
on OcT312022
Ddte
before me, Mariah Giselle Barela, Notarv Public
personally appeared
Here Insert Nome and Tltle of the Officer
Julia B. Bales
Name(s) of Signe(s)
who proved to me on the basis of satlsfactory evidence to be the person(s) whose namefs) ls/aresubscribed to the wlthin instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ires), and that byhis/herltheirsignature(s) on the instrument the person(s), or the entity upon behalf of whlch the person(s) acted, executed the instrument.

I certiflT under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and officialseal.

Signature MrA/b
Ploce Notory Seql qnd/or Stomp Above siin$uie of Notory Pubtic

OPTIONAL
Completing thls lnformatlon can deter olteration of the document or fraudulent reattochment of this form to on unintended document.

Descriptlon of Attached Document
Title or Type of Document:

Document Date: NumberofPages:-
Signe(s) Other Than Named Above:

Capaclty(les) Clalmed by Slgner(s)
Slgner's Name: Signer's Name:

El Corporate Officer - Title(s): o Corporate Offlcer - Tltle(s):

E Partner- n Llmlted tr General
tr lndividual tr Attorney in Fact
E Trustee n Guardian or Conservator
tr Other:

Signer is Representing:
tr Partner- tr Limited u General
E lndividual El Attorney in Fact
n Trustee n Guardian or Conservator
n Other:

NOTARY PUBTIC . CAIIFORNIA
RIt,ERSIDE COUNTY
My Comm. Expires 20,2026
BARELA
7L69
O2O19 National Notary Associatlon
Signer is Representing:

4.6.a
Packet Pg. 96
Attachment: Proposed Contract Agreement with Allison Mechanical, Inc. including Bonds (3005 : Award of Contract for Civic Center Cooling CALIFORI{IA ALL.PURPOSE AGKI{OWLEDGTEI{T crvrl coDE s 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of San Bernardino
On November 1,2022 before me, Lisa Daniels, Notary Public Date
personally appeared
Name(s) of Signe(s)
******* *** **rt!t* *!t*!S *!S!F** * ***** ** * ****rF{.{.* *tt!t!t!t * * *!t!f *!i!t**rt*** *** *** *+*!t****ri *!t* *t!t!t * rt who proved to me on the basis of satisfactory evidence to be the personfi) whose nameft) islare subscribed to the within instrument and acknowledged to me that he/$lglth€V executed the same in hiyhntdhthauthorized capacity(hs), and that by hisAUfm*signature($ on the instrumentthe person(*), or the entity upon behalf of which the person(1) acted, executed the instrument.

I certify under PENALW OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

Here lnsert Name and Title of the Officer
DOn AlliSOn*****!t*********{,****rltt{.**!t*!t*!*r}!t*!t!t*r}rF{.***tF*tfr*****!t!t*!*{.{.*

LISA DANIELS
coMM, # 2325150

NOTARY PUBLIC ' CALIFORNIA

SAN BERNARDINO COUNTY
Comm APR.1 2024
my hand and official seal. /) &)/JM 6)=oWITNESS
Signature
Signature of Notary Public
Place Notary SealAbove

OPTIONAL
Though this secfibn is optional, completing this information can deter altention of the document or fraudulent reattachment of this form to an unintended document. on of Attached Document
of Document:

Docu
Signer(s) Other
Number of Pages:

Above:

Gapacity0es) Glaimed by
Signer's Name:
! Corporate Officer - Title(s): ! Partner - n Limited n General n lndividual I Attorney in Fact
n Trustee tr Guardian or Conservator
Otficer - Title(s):
tr Limited n General
Signer's Name:
lndividual
Trustee
Other:
in Fact
or Conservator
n
n
!
! Other: !
Signer ls Representing: Signer ls Representing
@2016 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6827) ltem #5907

4.6.a
Packet Pg. 97
Attachment: Proposed Contract Agreement with Allison Mechanical, Inc. including Bonds (3005 : Award of Contract for Civic Center Cooling

COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City prior to performing any work on the contract:
"l am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undeftake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the pertormance of work of this contract." Allison Mechanical, Inc
Contractor
Don
G
President
Title
October 27 2022
Date
Section 3700 of the Labor Code reads as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
"(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of lndustrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of lndustrial Relations of ability to self-insure and to pay any compensation that may become due to his employee."

COMPENSATION INSURANCE CERTIFICATE

TO BE SUBMITTED WITH CONTRACT
151 ls09.l
CA- 8

4.6.a
Packet Pg. 98
Attachment: Proposed Contract Agreement with Allison Mechanical, Inc. including Bonds (3005 : Award of Contract for Civic Center Cooling 1511509.1 LH Public Works 6909-0008-08/2020
Master Template Public Works Contract

CITY OF LAGUNA HILLS

CALIFORNIA

PUBLIC WORKS PLANS

AND SPECIFICATIONS FOR

CIVIC CENTER COOLING TOWER REPLACEMENT
PROJECT, CIP NO. 505-A

PREPARED BY

CITY OF LAGUNA HILLS
24035 EL TORO ROAD
LAGUNA HILLS, CA 92653
September 2022

BID SET

4.6.b
Packet Pg. 99
Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center

4.6.b
Packet Pg. 100 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center 1511509.1 LH 6909-0008-08/2020
i

CITY OF LAGUNA HILLS

TABLE OF CONTENTS
FOR
CIVIC CENTER COOLING TOWER REPLACEMENT PROJECT, CIP NO. 505-A NOTICE INVITING SEALED BIDS........................................................................................NB-1 INSTRUCTIONS TO BIDDERS ............................................................................................. IB-1

PROPOSAL DOCUMENTS
Proposal.................................................................................................................................. P-1 Bidders Information................................................................................................................. P-3 List of Subcontractors ............................................................................................................. P-4 References ............................................................................................................................. P-5 Contractor’s Licensing Statement............................................................................................ P-6 Bid Bond ................................................................................................................................. P-7 Non-Collusion Affidavit............................................................................................................ P-9 Proposal Bid Sheets ............................................................................................................. P-10 Bidder’s Certification of Acknowledgement of Compliance With Insurance ........................... P-12

CONTRACT DOCUMENTS
Contract Agreement..............................................................................................................CA-1 Faithful Performance Bond....................................................................................................CA-4 Material and Labor Bond.......................................................................................................CA-6 Compensation Insurance Certificate .....................................................................................CA-8

GENERAL SPECIFICATIONS
Scope of Work ..................................................................................................................... GS-1 Location of Work.................................................................................................................. GS-1 Time of Completion.............................................................................................................. GS-1 Traffic Requirements............................................................................................................ GS-1 Utility Requirements............................................................................................................. GS-1 Flow and Acceptance of Water ............................................................................................ GS-2 Removal of Water ................................................................................................................ GS-3 Standard Specifications ....................................................................................................... GS-3 Resolution of Construction Claims ....................................................................................... GS-6

SPECIAL PROVISIONS
PART 1 - GENERAL PROVISIONS ......................................................................................SP-1 PART 2 - CONSTRUCTION MATERIALS...........................................................................SP-20 PART 3 - CONSTRUCTION METHODS ............................................................................SP-20

APPENDICES
Site Plan .....................................................................................................................Appendix A Manufacturer Data Sheets ..........................................................................................Appendix B

4.6.b
Packet Pg. 101 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center NB-1
1511509.1

CITY OF LAGUNA HILLS

NOTICE INVITING BIDS FOR
CIVIC CENTER COOLING TOWER REPLACEMENT PROJECT, CIP NO. 505-A NOTICE IS HEREBY GIVEN that sealed bids for the CIVIC CENTER COOLING TOWER REPLACEMENT, CIP NO. 505-A (“Project”) in the City of Laguna Hills will be received at the Office of the City Engineer at 24035 El Toro Road, Laguna Hills, until 11:00 a.m. on Thursday, October 20, 2022, at which time they will be publicly opened and read aloud. Bids shall be submitted in sealed envelopes marked on the outside, “SEALED BID FOR CIVIC CENTER COOLING TOWER REPLACEMENT PROJECT, CIP NO. 505-A - DO NOT OPEN WITH REGULAR MAIL.”
DESCRIPTION OF THE WORK: The work to be constructed hereunder is located at the Laguna Hills Civic Center, 24035 El Toro Road, Laguna Hills, CA 92653. The work generally consists of mobilization, removal of existing cooling tower, installation of new cooling tower and related work as required to complete the replacement. An optional opportunity to visit the site and access the mechanical yard of the Civic Center will be available only on October 12, 2022, from 9:00 am to 11:00 am. See the receptionist for directions to access the mechanical yard.

AWARD OF CONTRACT: The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder on the Bid Schedule, and reject all other bids, as it may best serve the interest of the City. Within three (3) days of bid opening contractor must submit a revised bid bond with numerical dollar values, both in words and with digits of bid amount. Within ten (10) working days after the date of the Notice of Apparent Low Bidder, the successful bidder will be required to submit required Contract Agreement, Bonds (Faithful Performance and Material and Labor) and Insurance.

CONTRACTOR’S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class A Contractor’s License, Class B Contractor’s License, or a combination of Class C Contractor's Licenses as necessary to perform the work, at the time of submitting bids, in accordance with provisions of Chapter 9, Division III of the California Business and Professions Code.

WAGE RATE REQUIREMENTS: The wage rates applicable to this Project are the State of California Department of Industrial Relations prevailing rates of per diem wages. In accordance with the provisions of Sections 1773.2 of the California Labor Code, copies of the general prevailing rate of per diem wages as determined by the State Director of Industrial Relations are available at City Hall, which shall be made available to any interested party upon request, or on the Internet at the State Department of Industrial Relations website (www.dir.ca.gov) under Statistics and Research. It shall be mandatory upon the Contractor to whom the contract is awarded and upon any subcontractor to pay not less than said specified rates to all workers employed by them in the execution of the contract. A copy of said rates shall be posted at each job site during the course of construction. The Contractor and all subcontractors shall comply with all provisions of the California Labor Code relating to prevailing wage rates, including Sections 1770–1781.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Department of Industrial Relations shall monitor and enforce compliance with applicable prevailing wage requirements for the contract. The reporting requirements may be found at https://www.dir.ca.gov/PublicWorks/Contractors.html. The Contractor is responsible for complying with all requirements of the Department of Industrial Relations, including filing electronic payroll reports.

A contractor or subcontractor will not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

4.6.b
Packet Pg. 102
Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center

4.6.b
Packet Pg. 103
Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center IB-1
1511509.1

CITY OF LAGUNA HILLS

INSTRUCTIONS TO BIDDERS
FOR

CIVIC CENTER COOLING TOWER REPLACEMENT PROJECT
CIP NO. 505-A

1. PROPOSAL FORMS
Bids shall be submitted in writing on the Proposal forms provided by the City of Laguna Hills (hereinafter “CITY” or “City”). All blank spaces in the bid forms must be correctly filled in and all information requested therein must be clearly and legibly set forth in the manner and form indicated. All spaces for bid prices and lump sum price for which the bid is made, must be filled in, in both words and figures. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed by the person or persons signing the bid. Bidder acknowledges and agrees that by failing to complete the bid forms in their entirety, as set forth above, the CITY may find the bidder’s entire bid non-responsive and may cause the rejection of the bidder’s proposal at the discretion of the CITY.

2. PROPOSAL GUARANTEE (BID BOND)
In accordance with Public Contract Code Section 20170, proposals must be accompanied by a proposal guarantee consisting of either cash, a cashier’s check, a certified check or bid bond payable to the CITY in the minimum amount of ten percent (10%) of the total amount bid. Any proposal not accompanied by such a guarantee will not be considered. IF A BIDDER TO

WHOM A CONTRACT IS AWARDED FAILS OR REFUSES TO EXECUTE THE CONTRACT

DOCUMENTS OR FURNISH THE REQUIRED INSURANCE POLICIES AND BONDS AS

SET FORTH IN THOSE DOCUMENTS, THE PROPOSAL GUARANTEE SHALL BE FORFEITED TO THE CITY. The proposal guarantees of all bidders will be held until the successful bidder has properly executed all Contract Documents.

3. NON-COLLUSION AFFIDAVIT
Bidder shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no officer, agent, or employee of the CITY is personally interested, directly or indirectly, in the proposal; that the proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that the proposal is in all respects fair and without collusion or fraud. The Non-Collusion Affidavit shall be executed and submitted with the proposal.

4. PROPOSAL BID SHEET
Bidders shall give unit prices for each and all of the items set forth. No aggregate bids will be considered. The bidder shall set forth for each item of work, in clearly legible figures, a unit item price and a total for the item in the respective spaces provided for this purpose. The quantities listed in the Bid sheets are supplied to give an indication of the general scope of work, but the accuracy of figures is not guaranteed and the bidder shall make his own estimates from the drawings. In case of a variation between the unit price and the totals shown by the bidder, the unit price will be considered to be the bid.

4.6.b
Packet Pg. 104 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center IB-2
1511509.1

5. DELIVERY OF PROPOSAL
Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the CITY's designated official prior to the bid opening time deadline set forth in the "Notice Inviting Sealed Bids." Late proposals will not be considered and will be returned to the bidder unopened. Proposals shall be enclosed in a sealed envelope plainly marked on the outside, "CIVIC CENTER COOLING TOWER REPLACEMENT PROJECT, CIP NO. 505-A – DO NOT OPEN WITH REGULAR MAIL."

6. WITHDRAWAL OF PROPOSALS
A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the CITY's designated official prior to the bid-opening time deadline set forth in the "Notice Inviting Sealed Bids". The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, provided there is time remaining to do so. Proposals may not be withdrawn after the bid opening without forfeiture of the proposal guarantee.

7. NONRESPONSIVE PROPOSALS
Unauthorized conditions, limitations, or provisions attached to a proposal will render it nonresponsive and may cause its rejection. The completed proposal forms shall be without inter-lineation, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered.

8. TAXES
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes that may be applicable. Bidder acknowledges and agrees that CITY shall not be responsible for the payment of any increase in Sales Tax, Use Tax, or any other tax that takes effect after award.

9. DISQUALIFICATION OF BIDDERS
In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder.

No contract will be executed unless the bidder is licensed in accordance with the provisions of the Business and Professions Code.

10. INTERPRETATION OF PLANS AND DOCUMENTS
If any person contemplates submission of a bid for the proposed contract and is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, or finds discrepancies in, or omissions from, the drawings or specifications, he or she may submit to the City Engineer a written request for an interpretation or correction thereof five (5) working days prior to the scheduled bid opening. The person submitting the request

4.6.b
Packet Pg. 105 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center IB-3
1511509.1
will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The City Engineer will not be responsible for any other explanation or interpretations of the proposed documents.

11. ADDENDA OR BULLETINS
The effect of all addenda to the Contract Documents shall be considered in the bid, and said addenda shall be made a part of the Contract Documents and shall be returned with them.

Before submitting a bid, each bidder shall confirm as to whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued, may render bid nonresponsive and may result in its rejection by the CITY.

12. LEGAL RESPONSIBILITIES
All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same are expressly referred to herein or not.

Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Plans, Specifications, and Contract Documents, and to full compliance therewith.

13. AWARD OF CONTRACT
Following a review of the bids, the CITY shall determine whether to award the contract or to reject all bids. The award of contract, if made, will be to the lowest responsive-responsible bidder as determined solely by the CITY. At the time of contract award, the successful bidder shall hold a Class A Contractor's License, or a combination of Class C Contractor’s License(s), as required to perform the work, issued by the State of California. Additionally, the CITY reserves the right to reject any or all proposals, to accept any bid or portion thereof, to waive any irregularity, and to take the bids under advisement for the period of time stated in the "Notice Inviting Sealed Bids", all as may be required to provide for the best interests of the CITY. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated.

Within three (3) days of bid opening contractor must submit a revised bid bond with numerical dollar values, both in words and with digits of bid amount. Within ten (10) working days after the date of the Notice of Apparent Low Bidder, the successful bidder will be required to submit required executed Contract Agreement, executed Bonds (Faithful Performance and Material and Labor) and Insurance. Submission of these documents shall be at the Low Bidder’s sole cost and expense and shall not be made reimbursable by City. Award of Contract, if made, shall be solely the determination of the City Council.

No bidder may withdraw its proposal for a period of forty-five (45) days after the time set for opening thereof. However, the CITY will return all proposal guarantees within ten (10) days after the award of the contract or rejection of the bids, as the case may be, to the respective bidders whose proposals they accompany.

14. PREVAILING WAGE RATES

4.6.b
Packet Pg. 106 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center IB-4
1511509.1
The wage rates applicable to this Project are the State of California Department of Industrial Relations prevailing rates of per diem wages. In accordance with the provisions of Sections 1773.2 of the California Labor Code, copies of the general prevailing rate of per diem wages as determined by the State Director of Industrial Relations are available at City Hall, which shall be made available to any interested party upon request, or on the Internet at the State Department of Industrial Relations website (www.dir.ca.gov) under Statistics and Research.

It shall be mandatory upon the Contractor to whom the Contract is awarded and upon any subcontractor to pay not less than said specified rates to all workers employed by them in the execution of the Contract. A copy of said rates shall be posted at each job site during the course of construction. The Contractor and all subcontractors shall comply with all provisions of the California Labor Code relating to prevailing wage rates, including Sections 1770–1781.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Department of Industrial Relations shall monitor and enforce compliance with applicable prevailing wage requirements for this Agreement. The reporting requirements may be found at https://www.dir.ca.gov/Public-Works/Contractors.html. The Contractor is responsible for complying with all requirements of the Department of Industrial Relations, including filing electronic payroll reports.

A contractor or subcontractor will not be qualified to bid on, be listed in a bid proposal, subject to Section 6109 of the public Contract Code, or engage in the performance of any contract for public work on a public works project if the contractor or subcontractor is ineligible to perform work pursuant to Section 1777.1 or 1777.7 of the Labor Code.

The CITY will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate or the Federal Minimum Wage Rate (whichever is greater) as set forth in the contract. The possibility of wage increases is one of the elements to be considered by the bidder in determining his bid, and will not under any circumstances be considered as the basis of a claim against the CITY on the Contract.

The Contractor and subcontractors shall comply with Section 1777.6 of the Labor Code which stipulates that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices on any public works on any basis listed in Government Code Section 12940(a), as those bases are defined in Government Code Sections 12926 and 12926.1, except as provided in Labor Code Section 3077 and Government Code Section 12940.

15. WORKERS’ COMPENSATION CERTIFICATE

4.6.b
Packet Pg. 107 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center IB-5
1511509.1
Section 3700 of the Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self-insure from the State Director of Industrial Relations.

In accordance with this section and with Section 1861 of the Labor Code, the Contractor shall sign a Compensation Insurance Certificate which is included with the Contract Agreement, and submit same to CITY along with the other required Contract Documents, prior to performing any work. Reimbursement for this requirement shall be considered as included in the various items of work.

16. CLAYTON ACT AND CARTWRIGHT ACT
In accordance with Section 7103.5 of the Public Contract Code, in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to CITY all rights, and interest in and all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.

17. SUBLETTING AND SUBCONTRACTING.

Pursuant to the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the Public Contract Code), bidders are required to list in their proposal the name business address, California contractor license number, and public works contractor registration number issued pursuant to Section 1725.5 of the Labor Code of each subcontractor who will perform work or labor or render services in or about the construction of the work or improvement or a subcontractor who specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications in excess of 1/2 of 1% of this prime Contractor's total bid or $10,000, whichever is greater. If a subcontractor’s California contractor license number or public works contractor registration number are submitted incorrectly in the bid, it will not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected subcontractor’s California contractor license number is submitted to CITY within 24 hours after the bid opening If the bidder fails to list a subcontractor for a portion of work or if the bidder lists more than one subcontractor of the same portion of work in excess of 1/2 of 1% of the total bid or $10,000, whichever is greater, the bidder agrees that it is fully qualified to perform that portion of work itself, and that the bidder shall perform that portion of work itself. If after award of the contract, the bidder actually subcontracts that portion of work, except as provided in Public Contract Code Section 4107 or 4109, the bidder shall be subject to the penalties listed in Section 4111 of the Public Contract Code. It is the CITY's intent for the Subletting and Subcontracting Fair Practices Act to apply to all phases of the work.

18. SUBSTITUTION OF SECURITIES
In conformance with Public Contract Code Section 22300, which is incorporated herein by this reference, the Contractor may substitute securities for any monies withheld by the CITY to

4.6.b
Packet Pg. 108 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center IB-6
1511509.1
ensure performance under the Contract or, in the alternative, may request payment of retention earned directly to an escrow agent.

At the request and expense of the Contractor, the Contractor has the option to deposit securities, which have been approved by the CITY, with a State or Federally chartered bank as the escrow agent or require the City to deposit 5% of each progress payment with the escrow agent. Said securities will be used as a substitute for retention earnings required to be withheld by the CITY, pursuant to the construction contract. Said securities shall have no obligation to any other construction contract for substitution of securities in lieu of retention.

When the Contractor deposits the CITY approved securities with the escrow agent, the escrow agent shall notify the CITY within 10 calendar days of the deposit. Said securities shall be evaluated quarterly by the escrow agent to verify the current market value. If the current market value of said securities falls below the required amount, the escrow agent shall notify the Contractor and require additional securities and/or cash to be submitted for CITY approval, and be held in the escrow account to meet the Contractor's obligations. The escrow agent shall hold said securities until such time as the escrow agent receives written notification from the CITY that the Contractor has satisfactorily completed his Contract obligations.

The type of securities deposited and the method of release shall be approved by the City Attorney's office.

If the Contractor chooses not to exercise its rights under Public Contract Code Section 22300, the full five percent (5%) retention will be deducted from all payments. The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion, if no stop notices have been filed. The CITY may withhold from release of the final retention amounts authorized under Public Contracts Code Section 7107 and/or 125% of amounts identified in any Stop Notices received by the CITY.

4.6.b
Packet Pg. 109 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center P-1
1511509.1

BIDDER'S NAME

CITY OF LAGUNA HILLS

PROPOSAL
FOR

CIVIC CENTER COOLING TOWER REPLACEMENT PROJECT
CIP NO. 505-A
TO CITY OF LAGUNA HILLS, as CITY:

In accordance with CITY's "Notice Inviting Sealed Bids", the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and Contract Documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Standard Specifications, Notice Inviting Sealed Bids, Instructions to Bidders, Proposal Documents, General Specifications, Special Provisions and Contract Documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Proposal Bid Sheet. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to CITY of the Bid Security accompanying this proposal.

BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.

BIDDER agrees and acknowledges that it is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and that the BIDDER will comply with such provisions of that code before the commencement of any work under this Contract, if awarded.

BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any CITY, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the CITY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.

BIDDER certifies that affirmative action has been taken to seek out and consider disadvantaged business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been carefully documented, that said documentation is open to inspection, and that

4.6.b
Packet Pg. 110 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center P-2
1511509.1
said affirmative action will remain in effect for the life of any contract awarded hereunder.

Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.

BIDDER'S NAME: DATE , 20 .

BIDDER'S ADDRESS: BY
(Print Name)
(Signature)
PHONE: ( ) TITLE
Subscribed and sworn to before me BY
this day of , 20 (Print Name)
(Signature of Notary Public) (Signature)
(Attach Jurat) TITLE
(SEAL)

4.6.b
Packet Pg. 111 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center P-3
1511509.1

BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:

Bidder's Name
Business Address
Email: Telephone: ( )
State Contractor's License No. and Class
Original Date Issued ______________ Expiration Date
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:

The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:

All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:

Subscribed and sworn to before me By
this day of , 20 . (Print Name)
(Signature of Notary Public) (Signature)
Title
(SEAL) Date _______________, 20___

4.6.b
Packet Pg. 112 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center P-4
1511509.1

BIDDER'S NAME

LIST OF SUBCONTRACTORS (4100 PUBLIC CONTRACT CODE)
BIDDER proposes to subcontract certain portions of the work, and to procure materials and equipment from suppliers and vendors in excess of ½ of 1% of the total bid amount or ten thousand dollars ($10,000), whichever is greater as follows (add additional pages as necessary) (Bidder must include all requested information):

Subcontractor Name
Address
License No. and Class
DIR Registration No.

Phone No. Email:

Percent of Total Contract
Specific Scope of Work
Subcontractor Name
Address
License No. and Class
DIR Registration No.

Phone No. Email:

Percent of Total Contract
Specific Scope of Work
Subcontractor Name
Address
License No. and Class
DIR Registration No.

Phone No. Email:

Percent of Total Contract
Specific Scope of Work
Subcontractor Name
Address
License No. and Class
DIR Registration No.

Phone No. Email:

Percent of Total Contract
Specific Scope of Work

4.6.b
Packet Pg. 113 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center P-5
1511509.1

BIDDER'S NAME

REFERENCES
The following are the names, addresses, and phone numbers for three (3) public agencies for which BIDDER has performed similar work within the past two years:

Agency Name
Address
Phone No. Contact:

Description of Work
Agency Name
Address
Phone No. Contact:

Description of Work

DESIGNATION OF SURETIES
The following are the names, addresses, and phone numbers for all brokers and sureties from whom BIDDER intends to procure insurance and bonds:

Name
Address
Phone No.

4.6.b
Packet Pg. 114 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center P-6
1511509.1

CONTRACTOR'S LICENSING STATEMENT
BIDDER certifies that the following is true and correct. The undersigned is licensed in accordance with the laws of the State of California providing for the registration of Contractors.

Contractor's License Number ___________________________________ DIR Registration No. __________________________________________ Name of Individual Contractor (Print or type):

Signature of Owner(s)
Business Address
or
Name of Company
Business Address
Officers:

Name Title
Name Title
Name Title
or
Name of Corporation
Business Address
Corporation organized under the laws of the State of
__________________________________ __________________________________ Name of President of Corp./ Company Name of Secretary of Corp./ Company Subscribed and sworn to before me By:_________________________________ this ______ day of _______________, 20____ (Signature)
_____________________________________ By:_________________________________ (Signature of Notary Public) (Print Name and Title)
(SEAL) (SEAL)

4.6.b
Packet Pg. 115 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center Bond Amount $____________
Bond Number _____________
P-7
1511509.1
BID BOND (Page 1 of 2)
BIDDER’S BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, (NAME OF BIDDER) (the “Principal”) has submitted a bid (the “Bid”) to the City of Laguna Hills, California (the “City”) for construction of the (NAME OF PROJECT AND/OR DESCRIPTION OF WORK)
(the “Work”), as specifically set forth in
documents entitled (TITLE OF BID PACKAGE)
, Dated: ,
20 (the “Specifications”).

AND WHEREAS, the Principal is required to provide bidder’s security in an amount equal to at least ten percent (10%) of the amount of the Bid and has chosen to satisfy this obligation by providing this bond.

NOW, THEREFORE, we, the Principal, and
(NAME OF SURETY)
(the
“Surety”), an admitted surety insurer in the State of California, are held firmly bound unto the City of Laguna Hills in the sum of and /100
DOLLARS ($ ), lawful money of the United States of America, for the payment of which sum, well and truly be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, this amount being ten percent (10%) of the total amount of the Bid.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:

1. If (a) the City accepts the Bid and awards the Principal a contract for the Work, and (b) within the time and manner required under the Specifications or by law, after the prescribed forms are presented to the Principal for signature, the Principal executes a written contract for construction of the Work in accordance with the Bid and delivers the required faithful performance and payment bonds and insurance policies, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

2. The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by any extension of the

4.6.b
Packet Pg. 116 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center Bond Amount $____________
Bond Number _____________
P-8
1511509.1
BID BOND (Page 2 of 2)
time within which the City may accept such Bid; and said Surety does hereby waive notice of any such extension.

3. In the event suit is brought upon this bond by the City and judgment is recovered, as part of the obligation secured hereby and in addition to the face amount specified in this bond, the Surety shall pay all costs incurred by the City in such suit, including reasonable attorneys’ fees to be fixed by the court.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on the ____ day of _________, 20__ .

PRINCIPAL
________________________________
(Principal Name) (Seal)
By: _____________________________
(Signature)
_____________________________
SURETY
_________________________________
(Surety Name) (Seal)
By: _____________________________
(Signature)
_____________________________
(Print Name and Title)
By: _____________________________
(Signature)
_____________________________
(Print Name and Title)
(Print Name and Title)
By: _____________________________
(Signature)
_____________________________
(Print Name and Title)
Principal Address and Telephone: Surety Address and Telephone Affix Corporate Seals
Attach Notary Acknowledgments for All Signatures
Attach Power-of-Attorney if Executed by Attorney-in-Fact

4.6.b
Packet Pg. 117 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center P- 9
1511509.1

BIDDER'S NAME

NON-COLLUSION AFFIDAVIT TO BE EXECUTED

BY BIDDER AND SUBMITTED WITH BID

STATE OF CALIFORNIA )
) SS

COUNTY OF )
In conformance with Public Contract Code Section 7106, the party making the foregoing bid declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at ______________________ [city], ______ [state].” Signed
Title
Subscribed and sworn to before me
this ______ day of _____________,20____.
___________________________________
Signature of Notary Public
(SEAL)

4.6.b
Packet Pg. 118
Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center P- 10
1511509.1

BIDDER'S NAME

CITY OF LAGUNA HILLS

PROPOSAL BID SHEETS
FOR

CIVIC CENTER COOLING TOWER REPLACEMENT PROJECT
CIP NO. 505-A

BASE BID
ITEM
NO. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT
1 Mobilization (limited to 5% of
bid)
LS 1 $ $
2 Remove and Dispose of
Existing Cooling Tower and
Appurtenances.

LS 1 $ $
3 Furnish and Install Evapco
#LSWA-41B Cooling Tower
System with Stainless Steel
Basin and Appurtenances,
Complete and In Place
LS 1 $ $
4 Furnish One-Year Installation
Cooling Tower System
Warranty
LS 1 $ $
TOTAL BASE BID IN FIGURES $
TOTAL BASE BID IN FIGURES: $__________________________
TOTAL BASE BID IN WORDS:

DOLLARS
AND CENTS.

NOTE: THE ESTIMATED QUANTITIES SHOWN HEREIN ARE APPROXIMATE AND ARE TO BE USED ONLY AS COMPARISON OF BIDS. PAYMENT FOR QUANTITIES WILL BE MADE FOR ACTUAL MATERIALS USED ON THE JOB. THE CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ALL OR ANY ITEM FROM THE CONTRACT. IF THERE IS A CONFLICT BETWEEN THE UNIT PRICE PROVIDED AND TOTAL COST, THE UNIT PRICE SHALL PREVAIL. IF THERE IS A CONFLICT BETWEEN THE “TOTAL BID FIGURES” AND THE “TOTAL BID IN WORDS”, THE “TOTAL BID IN WORDS” SHALL PREVAIL.

4.6.b
Packet Pg. 119
Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center P- 11
1511509.1

CITY OF LAGUNA HILLS

PROPOSAL BID SHEETS
FOR

CIVIC CENTER COOLING TOWER REPLACEMENT PROJECT
CIP NO. 505-A

PROPOSAL
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this ______ day of ___________, 20___.

BIDDER ________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ Subscribed and sworn to before me this _____ day of ____________, 20____.

SIGNATURE NOTARY PUBLIC _______________________________ (Attach Jurat) By______________________________________
(PRINT)
________________________________________
(SIGNATURE)
(SEAL)
Title____________________________________
CITY acknowledges that this proposal was received and opened at the time and in the place specified, and that it was accompanied by the required guarantee in the minimum amount of ten percent (10%) of the total bid.

By
Title

4.6.b
Packet Pg. 120
Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center P- 12
1511509.1

BIDDER'S NAME
BIDDER’S CERTIFICATION FOR

ACKNOWLEDGEMENT OF COMPLIANCE WITH INSURANCE

REQUIREMENTS FOR PUBLIC WORKS CONSTRUCTION

CITY OF LAGUNA HILLS
BIDDER agrees, acknowledges and is fully aware of the insurance requirements as specified in the INSTRUCTIONS TO BIDDERS FOR CIVIC CENTER COOLING TOWER REPLACEMENT PROJECT, CIP NO. 505-A AND IN THE SPECIAL PROVISIONS FOR CIVIC CENTER COOLING TOWER REPLACEMENT PROJECT, CIP NO. 505-A and accepts all conditions and requirements contained therein. _____________________________________
Bidder
______________________________________ __________
By Date
***** SUBMIT THIS EXECUTED FORM WITH THE BID

4.6.b
Packet Pg. 121
Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center CA- 1
1511509.1

CITY OF LAGUNA HILLS

CONTRACT AGREEMENT
FOR

CIVIC CENTER COOLING TOWER REPLACEMENT PROJECT
CIP NO. 505-A
THIS CONTRACT AGREEMENT (hereinafter “Agreement” or “Contract” or “Contract Agreement”) is made and entered into for the above stated Project this ______ day of ______________, 20_____, BY AND BETWEEN THE CITY OF LAGUNA HILLS, as CITY, and__________________________________________, as CONTRACTOR.

WITNESSETH that CITY and CONTRACTOR have mutually agreed as follows:

ARTICLE I
The contract documents for the aforesaid Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal Documents, Contract Documents, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and all appendices attached hereto, together with this Contract Agreement and all required bonds, insurance coverage, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to ensure its completion in an acceptable manner (hereinafter collectively the “Contract Documents”). All of the provisions of said Contract Documents are attached hereto and are incorporated by reference herein and made a part of this Contract Agreement as though fully set forth herein.

ARTICLE II
For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.

ARTICLE III
CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

4.6.b
Packet Pg. 122 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center CA- 2
1511509.1

ARTICLE V
CONTRACTOR acknowledges the provisions of the Labor Code requiring every employer to be insured against liability for workers’ compensation, or to undertake self-insurance in accordance with the provisions of that code, and certifies compliance with such provisions.

ARTICLE VII
CONTRACTOR hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. Section 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should CONTRACTOR so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against CITY for such use of unauthorized aliens, CONTRACTOR hereby agrees to reimburse CITY for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by CITY.

ARTICLE VIII
To the fullest extent permitted by law, CONTRACTOR shall defend (at CONTRACTOR's sole cost and expense), indemnify, protect, and hold harmless CITY, its elected and appointed officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (CONTRACTOR’s employees included), or for damage to property, including property owned by CITY, which Claims arise out of, pertain to, or are related to CONTRACTOR's performance under the Agreement.

4.6.b
Packet Pg. 123 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center CA- 3
1511509.1

CONTRACT AGREEMENT
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first written.

CITY: CONTRACTOR:

DAVE WHEELER, MAYOR (CORPORATION (NAME - TYPE))

CITY OF LAGUNA HILLS
BY:
(PRINT)
ATTEST:
(SIGNATURE)

JENNIFER LEE, INTERIM CITY CLERK (TITLE)

CITY OF LAGUNA HILLS
BY:
(PRINT)
GREGORY E. SIMONIAN, CITY ATTORNEY (SIGNATURE)

CITY OF LAGUNA HILLS
(TITLE)
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED, ATTACH JURAT.

4.6.b
Packet Pg. 124 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center Bond Amount $____________
Bond Number _____________
CA- 4
1511509.1
(PAGE 1 OF 2)

FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, on
(DATE OF AWARD)
, the City of Laguna Hills, California
(“City”) awarded a public works contract (the “Contract”), delineated as Contract No. , for the
(NAME OF PROJECT AND/OR DESCRIPTION OF WORK)
, as
specified in the Contract, to,
(NAME OF CONTRACTOR)
, a
(CONTRACTOR ENTITY TYPE i.e.; INC., LLC., ETC.)
, hereby designated as the “Principal”, which
Contract is attached hereto, and which Contract and all documents incorporated therein by reference are expressly incorporated into this bond by reference.

AND WHEREAS, the Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:

1. If the Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly do and perform all of the covenants and obligations of the Contract, including the provisions for liquidated damages in said Contract, and including any and all amendments, supplements, and alterations made to the Contract as provided therein, on the Principal’s part to be done and performed at the times and in the manner specified in the Contract, and shall indemnify and save harmless the City, its officers and agents as specified in the Contract, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect;

2. In the event the Principal fails to fully perform all requirements in accordance with the terms and conditions of the Contract, then the Surety shall enforce performance by the Principal or shall pay the City for the same in an amount not exceeding the amount specified in this bond.

4.6.b
Packet Pg. 125 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center Bond Amount $____________
Bond Number _____________
CA- 5
1511509.1

FAITHFUL PERFORMANCE BOND
(PAGE 2 OF 2)

4. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations, additions, omissions or other modifications to the terms of the Contract, or in the work to be performed or the material to be furnished under the Contract, or in the specifications or plans, whether or not made pursuant to the terms of the Contract, shall in any manner release either the Principal or Surety or affect the Surety’s obligations on this bond, and it does hereby waive notice of any such changes, extensions, alterations, additions, omissions or other modifications.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on the ____ day of _________, 20_____ .

PRINCIPAL
________________________________
(Principal Name) (Seal)
By: _____________________________
(Signature)

_____________________________
SURETY
_________________________________
(Surety Name) (Seal)
By: _____________________________
(Signature)
_____________________________
(Print Name and Title)
By: _____________________________
(Signature)

_____________________________
(Print Name and Title)
(Print Name and Title)
By: _____________________________
(Signature)
_____________________________
(Print Name and Title)
Principal Address and Telephone: Surety Address and Telephone Affix Corporate Seals
Attach Notary Acknowledgments for All Signatures
Attach Power-of-Attorney if Executed by Attorney-in-Fact

4.6.b
Packet Pg. 126 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center Bond Amount $____________
Bond Number _____________
CA- 6
1511509.1
(PAGE 1 OF 2)

PAYMENT (LABOR AND MATERIAL) BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, on
(DATE OF AWARD)
,the City of Laguna Hills, California
(“City”) awarded a public works contract (the “Contract”), delineated as Contract No. , for the
(NAME OF PROJECT AND/OR DESCRIPTION OF WORK)
, as specified in the
Contract, to, (NAME OF CONTRACTOR)
, a
(CONTRACTOR ENTITY
TYPE i.e.; INC., LLC., ETC.)
, hereby designated as the “Principal”, which
Contract is attached hereto, and which Contract and all documents incorporated therein by reference are expressly incorporated into this bond by reference.

AND WHEREAS, the Principal is required under the terms of the Contract to give this bond in connection with the execution of the Contract.

NOW, THEREFORE, we, the Principal, and ________________________________ (the “Surety”), an admitted surety insurer in the State of California, are held firmly bound unto the City of Laguna Hills in the sum of ____________________________________ and ___/100 DOLLARS ($_______________), lawful money of the United States of America, for the payment of which sum, well and truly be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:

1. If the Principal, or its subcontractors, or their respective heirs, executors, administrators, successors or assigns, shall fail to pay (a) any of the persons named in Section 9100 of the California Civil Code, (b) any amounts due under the California Unemployment Insurance Code with respect to work or labor performed under the Contract, or (c) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and its subcontractors pursuant to Section 13020 of the California Unemployment Insurance Code with respect to such work or labor, then the Surety shall pay for the same, in an aggregate amount not exceeding the sum specified in this bond. In case suit is brought upon this bond, the Surety will pay reasonable attorney’s fees to be fixed by the court.

4.6.b
Packet Pg. 127 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center Bond Amount $____________
Bond Number _____________
CA- 7
1511509.1

PAYMENT (LABOR AND MATERIAL) BOND
(PAGE 2 OF 2)

3. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations, additions, omissions or other modifications to the terms of the Contract, or in the work to be performed or the material to be furnished under the Contract, or in the specifications or plans, whether or not made pursuant to the terms of the Contract, shall in any manner release either the Principal or Surety or affect the Surety’s obligations on this bond, and it does hereby waive notice of any such changes, extensions, alterations, additions, omissions or other modifications.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on the ____ day of _________, 20_____.

4.6.b
Packet Pg. 128 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center CA- 8
1511509.1

COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City prior to performing any work on the contract:
“I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract.” _____________________________________
Contractor
By___________________________________
(PRINT)
___________________________________
(SIGNATURE)
_____________________________________
Title
_____________________________________
Date
Section 3700 of the Labor Code reads as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
"(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee."

COMPENSATION INSURANCE CERTIFICATE

TO BE SUBMITTED WITH CONTRACT

4.6.b
Packet Pg. 129 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center GS-1
1511509.1

CITY OF LAGUNA HILLS

GENERAL SPECIFICATIONS
FOR

CIVIC CENTER COOLING TOWER REPLACEMENT PROJECT
CIP NO. 505-A

SCOPE OF WORK
The work to be constructed hereunder is located at the Laguna Hills Civic Center, 24035 El Toro Road, Laguna Hills, CA 92653. The work generally consists of mobilization, removal and disposal of existing Cooling Tower System and related appurtenances, furnish and installation of new Cooling Tower System and related work, and all other incidental work in accordance with the Plans, Specifications, and applicable Building Codes.

LOCATION OF WORK
The work to be constructed hereunder is located at the Laguna Hills Civic Center, 24035 El Toro Road, Laguna Hills, CA 92653.

TIME OF COMPLETION
The Contractor shall complete all work in every detail within THIRTY (30) working days after the date of the Notice to Proceed. Working days will not be assessed for transit time for materials (e.g. lead time and shipping time for the cooling tower) upon proof of order placement or other supplier-provided documentation that is acceptable to the Engineer.

TRAFFIC REQUIREMENTS
The Contractor shall provide delineation in accordance with the latest updated version of the Work Area Traffic Control Handbook (WATCH) and/or California Manual on Uniform Traffic Control Devices (MUTCD). Contractor shall provide a Traffic Control Plan to the satisfaction of the City Engineer. No street closures shall be made in this project without the prior approval of the City Engineer. The Laguna Hills Civic Center is an open and active facility with frequent vehicle access to parking lots and ongoing significant pedestrian activity. This project shall be scheduled for a weekend changeover. Contractor shall exercise maximum care to safeguard all access points to the Civic Center and shall protect the public during the Scope of Work.

UTILITY REQUIREMENTS
The Contractor is advised of the existence of the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the precise locations of their substructures in the construction area when the Contractor gives at least 48 hours notice to the Underground Service Alert by calling 1(800) 422-4133. Contractor shall provide the City with proof of contact with USA upon request.

The Contractor shall notify the following agencies at least 48 hours in advance of excavating around any of their structures. The utility companies listed below can be contacted as indicated.

4.6.b
Packet Pg. 130 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center GS-2
1511509.1
NAME ADDRESS CITY, STATE, ZIP ATTENTION Phone
Number
AT&T 3939 E. Coronado St. Anaheim, CA 92807 Robert Fleisher 714/618-9129 OCTA 550 S. Main Street Orange, CA 92613-
1584
Kyle Poff 714/560-5816
Southern
California Edison
14155 Bake Parkway Irvine, CA 92718 Chris Schafer 949/458-4413 El Toro Water
District
24251 Los Alisos
Blvd.

Lake Forest, CA
92630
Brian Miller 949/837-7050
Ext. 224
Gas Company 1919 South State
College
Anaheim, CA 92806 Andrew Alday 714/385-3377
CR&R P.O. Box 1100 San Juan Capistrano,
CA 92693-1100
Mike
Campuzano
949/254-1779
Cox
Communication
27121 Towne Centre
Drive
Foothill Ranch, CA
92610
Reynaldo
Castro
949/563-8889
The California Public Utilities Commission mandates that, in the interest of public safety, main line gas valves be maintained in a manner to be readily accessible and in good operating condition.

The Contractor shall notify the Southern California Gas Company (714) 634-3185 at least 2 working days prior to the start of construction.

The Contractor shall exercise extreme care to protect all existing utilities in place whether shown on the plans or not, and shall assume full responsibility for all damage resulting from his operations. The Contractor shall coordinate with each utility company as to the requirements and methods for protection of their facilities during the construction period, and shall be responsible for preparation and processing of any required plans or permits. The Contractor shall assume full responsibility to maintain uninterrupted service for all utilities.

By submitting a bid, the Contractor acknowledges the above referenced utility work to be done in conjunction with this Project. The Contractor shall schedule his work and conduct his operations so as to permit access and time for the required utility work to be accomplished during the progress of the work.

The Contractor shall coordinate with each utility company as to the extent of required work and the time required to do so. The Contractor shall include this time in his schedule. Payment for the above, if any, shall be deemed as included in the items of work as shown on the proposal bid sheet and no additional compensation will be allowed.

FLOW AND ACCEPTANCE OF WATER
It is anticipated that storm, surface or other waters will be encountered at various times and locations during the work herein contemplated. The Contractor, by submitting a bid,

4.6.b
Packet Pg. 131 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center GS-3
1511509.1
acknowledges that he has investigated the risk arising from such waters and has prepared his bid accordingly, and Contractor, by submitting a bid, assumes all of said risk.

REMOVAL OF WATER
The Contractor shall provide and maintain at all times during construction ample means and devices to promptly remove and properly dispose of all water entering the excavations or other parts of the work. No concrete footing or floor shall be laid in water nor shall water be allowed to rise over them until the concrete or mortar has set at least two (2) hours. Water shall not be allowed to rise unequally against any walls for a period of twenty-eight (28) days. Dewatering for the structures and pipelines shall commence when ground water is first encountered, and shall be continuous until such time as water can be allowed to rise in accordance with the above statement. Dewatering shall be accomplished by well points or some other method which will insure a dry hold and preservation of final lines and grade of the bottoms of excavation, all subject to the approval of the City Engineer.

Dewatering methods and disposal of water from dewatering operations shall be the sole responsibility of the Contractor and shall conform to the requirements of the State Regional Water Quality Control Board, the requirements of the National Pollution Discharge Elimination System (NPDES), and the Federal Clean Water Act. Full compensation for dewatering shall be considered as included in the contract prices paid for the related items of work, and no additional compensation will be allowed therefore.

WASTE DISPOSAL
Contractor shall only utilize waste containers from the City Franchisee, CR&R, (P. O. Box 1100, San Juan Capistrano, CA 92693-1100, 949-728-0446 Ext. 1232) for all recyclables and waste debris. Contractor shall record the quantity (tons) of recyclable or green waste materials diverted from landfills and report this data to the City at the end of the project.

STANDARD SPECIFICATIONS
The Standard Specifications of the City are contained in the 2018 edition of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, also known as the “Greenbook”, including all supplements, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California, which is incorporated herein by this reference. Copies of these Standard Specifications are available from the publisher:

BNi Building News
Division of BNi Publications, Inc.
990 Park Center Drive, Suite E
Vista, California 92801
(760) 734-1113
The Standard Specifications set forth above will control the general provisions for this Contract except as amended by the Plans, General Specifications, Special Provisions, or other Contract Documents.

4.6.b
Packet Pg. 132 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center GS-4
1511509.1
The section numbers of the following Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment, elaboration, addition, or that are specifying options are stated in the Special Provisions.

In case of conflict between the Standard Specifications and the General Specifications or Special Provisions, the General Specifications and Special Provisions shall take precedence over and be used in lieu of such conflicting portions of the Standard Specifications.

References in the Special Provisions to "CALTRANS Standard Specifications" shall mean the latest edition of the Standard Specifications of the State of California, Department of Transportation. Copies of these specifications and standard drawings may be obtained from:

California Department of Transportation
Publications Distribution Unit
1900 Royal Oaks Drive
Sacramento, California 95815-3800
Telephone (916) 263-0822
Fax (916) 263-0470
References in the Special Provisions to Standard Plans shall mean the Standard Plans for Public Works Construction, latest edition (written and promulgated by the Public Works Standards, Inc.), and, where applicable and as determined and selected by the City Engineer, those specific standard plans of the City of Laguna Hills, the County of Orange and/or the State Department of Transportation, latest editions.

Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place and that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals, and do all the work involved in executing the contract.

WAGE RATES AND LABOR CODE REQUIREMENTS
The City has determined that the work on this Project requires work of labor categories which are subject to the State of California Department of Industrial Relations prevailing rates of per diem wages.

Contractor 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. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work provided pursuant to the Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of the Agreement.

Contractor understands and agrees to comply with the following California Labor Code compliance conditions [Labor Code Sections 1720 et seq., 1813, 1860, 1861, 3700]:

4.6.b
Packet Pg. 133 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center GS-5
1511509.1
a) The Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Contractor agree to be bound by all the provisions thereof as though set forth in full herein.
b) Contractor shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the effective date of this Agreement.
c) Contractor agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (http://www.dir.ca.qov/OPRUDPreWaqeDetermination.htm), are on file with City, and are available to any interested party upon request. A copy of said rates shall be posted at each job site during the term of this Agreement.
d) Pursuant to California Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices as prescribed by DIR regulations and furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2). e) Eight (8) hours of labor shall constitute a legal day’s work for all workmen employed in the execution of this Agreement, and the Contractor and any subcontractor shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. Contractor shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. (See, e.g., Cal. Labor Code §1815.)
f) Pursuant to California Labor Code Section 1771.1, Contractor and any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the DIR and qualified to perform public work pursuant to California Labor Code Section 1725.2. It is not a violation of California Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by California Business and Professions Code Section 7029.1 or by California Public Contract Code Section 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor shall not perform any work under this Agreement with any subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the California Labor Code.

Apprentices

4.6.b
Packet Pg. 134 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center GS-6
1511509.1
Section 1777.5 requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to an applicable apprenticeship committee that can supply apprentices to the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Contract.

The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other Contractors on the public works site are making such contributions.

Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards.

RESOLUTION OF CONSTRUCTION CLAIMS
California Public Contract Code (PCC) section 9204 as adopted by Assembly Bill 626 prescribes a process to present, confer, and mediate all construction claims relating to the City’s public works project.
“Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or another public improvement of any kind. “Claim” means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested for (A) a time extension, including, without limitation for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or the amount the payment of which is disputed by the local agency. (PCC 9204(c)(1)) For any claim subject to this article, PCC section 9204 requires the following:
a) The claim shall be submitted by the Contractor in writing, sent by registered mail or certified mail with return receipt requested and must include the documents necessary to substantiate the claim. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. However, upon receipt of a claim, the City, and the Contractor may, by mutual agreement, extend the time period provided by statute.
b) For claims of all amounts, the City shall respond within 45 days of receipt of the claim, and provide the claimant a written statement identifying which portion of the claim is disputed and which portion of the claim is undisputed. If the City requires approval from the City Council, and the City Council does not meet within the 45-day period to respond, the City shall have up to three days to issue its response following the City Council meeting. c) For all portions of a claim determined to be undisputed, the City must process payment to the claimant within 60 days of issuing the City’s written determination.

4.6.b
Packet Pg. 135 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center GS-7
1511509.1
d) If the claimant disputes the City’s response, or if the City fails to respond within the time limits provided, the claimant may demand an informal conference to meet and confer for settlement of the issues in dispute. The demand must be sent in writing by registered or certified mail, return receipt requested. Upon receipt of a demand, the City must schedule a meet and confer conference within 30 days for settlement of the disputed claim. e) Within 10 business days following the conclusion of the meet and confer conference, if any portion of the claim remains in dispute, the City shall provide the claimant an addition written statement identifying the portion of the claim that is undisputed and the portion that remains in dispute.
f) For all portions of a claim determined to be undisputed, the City must process payment to the claimant within 60 days of issuing the City’s written determination. g) Any remaining undisputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation in which the parties share the cost evenly. The City and the claimant shall mutually agree on a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree, each party shall select a mediator and those mediators shall jointly select a qualified, neutral third party to mediate the remaining undisputed claim. Each party shall bear the respective costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside of PCC section 9204.

Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under PCC Section 20104.4 to mediate after litigation has been commenced.

PCC Section 9204 does not preclude the City from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program if mediation under this section does not resolve the parties’ dispute.

Should the City fail to respond to a claim, or fail to issue written statements as required, the Contractor’s claim is deemed denied. A claim denied by reason of the City’s failure to respond shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.

Amounts not paid in a timely manner as required by PCC 9204 shall bear interest at seven percent per annum.

NOTICE OF THIRD-PARTY CLAIMS
In accordance with PCC Section 9201, the City will provide timely notification to Contractor of the receipt of any third-party claim relating to the Agreement. The Contractor agrees to reimburse the City for its reasonable costs incurred in providing such notice.

CLAYTON ACT AND CARTWRIGHT ACT
In accordance with Section 7103.5 of the Public Contract Code, in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all

4.6.b
Packet Pg. 136 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center GS-8
1511509.1
rights, and interest in and all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.

4.6.b
Packet Pg. 137 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center SP-1
1511509.1

CITY OF LAGUNA HILLS

SPECIAL PROVISIONS

CIVIC CENTER COOLING TOWER REPLACEMENT PROJECT
CIP NO. 505-A
PART 1 - GENERAL PROVISIONS
SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS. 1-2 DEFINITIONS.

City - City of Laguna Hills
Board - City Council
Caltrans - California Department of Transportation
County - County of Orange
Engineer - City Engineer
Federal - United States of America
State - State of California
Contractor - Contractor, its workers, employees and agents Project - Civic Center Cooling Tower Replacement
1-3 ABBREVIATIONS.
1-3.2 Common Usage. [Add the following to this section]:

MUTCD - Manual of Uniform Traffic Control Devices, including the California Supplement
OCPW - Orange County Public Works Department
SPPWC - Standard Plans for Public Works Construction
SSPWC - Standard Specifications for Public Works Construction FHWA - Federal Highway Administration
HUD - Housing and Urban Development
1-7 AWARD AND EXECUTION OF CONTRACT.

Within three (3) days of bid opening contractor must submit:
• If a bid bond is submitted with a 10% of Bid designation for the amount as noted in the City Approved Bid Bond form, a revised Bid Bond with numerical dollar values, both in words and with digits, shall be submitted to the City within three (3) days of bid opening.

Within five (5) working days after the date of the Notice of Apparent Low Bidder, the Contractor shall execute and return the following documents to the City:
• All Insurance Requirements set forth herein
• Two (2) Original Signed Contract Agreements
Within ten (10) working days after the date of the Notice of Award, the Contractor shall execute and return the following documents to the City:

4.6.b
Packet Pg. 138 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center SP-2
1511509.1
• Faithful Performance Bond
• Material and Labor Bond
• Construction Schedule
• Traffic Control Plan
• Water Pollution Control Plan
• Form W-9
• Encroachment Permit Application
• Construction Materials Submittals

FAILURE TO COMPLY WITH ALL OF THE ABOVE WILL RESULT IN ANNULMENT OF THE

AWARD AND FORFEITURE OF THE PROPOSAL GUARANTEE AT THE SOLE DISCRETION OF City.

The Contract Agreement shall not be considered binding upon the City until executed by the authorized City officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the City, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the Contract and bonds for the corporation have the authority to do so. 1-7.2 Contract Bonds. [Replace section with the following]:

Both the Faithful Performance Bond and the Material and Labor Bond shall each be for not less than one hundred percent (100%) of the total Contract amount. The Material and Labor Bond shall remain in force until thirty-five (35) days after the date of recordation of the Notice of Completion. The Faithful Performance Bond will be held for one year after the date of recordation of the Notice of Completion.

Prior to the acceptance of any bond, the City shall verify that the surety is an admitted surety in the State of California. If requested by the City, the Contractor shall provide other information specified in the Code of Civil Procedure Section 995.660 to enable the City to verify the sufficiency of the bond.

Should any bond become insufficient, the Contractor shall correct the insufficiency within ten (10) calendar days after receiving notice from the City. The Contractor shall provide the City with evidence of the correction within ten (10) calendar days of said correction. Should any surety at any time be unsatisfactory to the City, written notice will be given to the Contractor to that effect.

No further payments shall be deemed due or will be payable under the Contract until Contractor submits an acceptable bond from a surety accepted by the City. Changes to the work or extensions of time made pursuant to the Contract Agreement shall in no way release the Contractor or the surety from its obligations. Notice of such changes or extensions shall be waived by the surety.

SECTION 2 – SCOPE OF WORK.
2-1.1 PLANS AND SPECIFICATIONS [Add the following to this section]:

The Contractor shall maintain a control set of Plans and Specifications on the Project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as-constructed conditions.

Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement has been met. 2-2 PERMITS. [Add the following to this section]:

4.6.b
Packet Pg. 139 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center SP-3
1511509.1
Prior to the start of any work, the Contractor shall take out the applicable City and State permits and make arrangements for City and State inspections. Requests for inspections shall be made to the City at least 24 hours in advance of need. The Contractor and all subcontractors shall each obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or public utility. Payment for this work shall be included in the bid items of work and no additional compensation will be allowed. The City will waive its permit fees.

Further, Contractor shall ensure that its employees, agents, contractors, and subcontractors conduct themselves in compliance with such laws and licensure requirements including, without limitation, compliance with laws applicable to nondiscrimination, sexual harassment, and ethical behavior throughout the duration of the Contract. Contractor shall not retain or employ an unlicensed subcontractor to perform work pursuant to this Contract. Contractor shall notify the City immediately and in writing of its employees’, agents’, contractors’ or subcontractors’ inability to obtain or maintain, irrespective of the pendency of any appeal, any such licenses, permits, approvals, certificate, waivers, and exemptions that may be required. Such inability shall be cause for termination of this Contract
2-3 RIGHT-OF-WAY. [Add the following to this section]:

The City will acquire all rights of way, easements and rights of entry as required for this Project.

The Contractor shall verify that the acquisition(s) is completed prior to beginning any work outside of the public right of way. All cost for re-mobilization, downtime, etc. due to delays in obtaining the required rights of way, easements and rights of entry shall be included in all other items of work and no additional compensation will be allowed. In the event the required easements have not yet been acquired by the City, the Contractor shall conduct its operation so as to confine its work to the limits of the existing right-of-way.
2-8 EXTRA WORK.
2-8.2 Payment.
2-8.3 Markup.
(a) Work by Contractor. [Add the following to this section]: The following percentages shall be the maximum added to the Contractor's costs and shall constitute the markup for all overhead and profits:
1) Labor 20
2) Materials 15
3) Equipment Rental 15
4) Other Items and Expenditures 15
To the sum of the costs and markups provided for in this subsection, 1 percent shall be added as compensation for bonding.
(b) Work by Subcontractor. [Add the following to this section]: When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of five (5) percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.

4.6.b
Packet Pg. 140 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center SP-4
1511509.1
The markups mentioned hereinafter shall include, but are not limited to, all costs for the services of superintendents, project managers, timekeepers and other personnel not working directly on the change order and pickup or yard trucks used by the above personnel. These costs shall be reported as labor or equipment elsewhere except when actually performing work directly on the change order and then shall only be reported at the labor classification of the work performed.

The costs of rental equipment shall not exceed the equipment rental rates in the surcharge and Equipment Rental Rates, as published by the State of California Business, Transportation, and Housing Agency and the California Department of Transportation, Division of Construction for the current fiscal year.
2-10 DISPUTED WORK. [Add the following to this section]:

If the Contractor and the City are unable to reach an agreement on disputed work, the City may direct the Contractor to proceed as directed. The City shall have the option, at its own discretion, to pay for said work through unilateral change order executed by the City after conducting its own analysis of the reasonable costs thereof. Although not to be construed as proceeding under extra work provisions in Section 3-3, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3.

In any case where the Contractor believes extra compensation is due the Contractor for work or materials not clearly covered in the Contract, or not ordered by the City as “extra work”, the Contractor shall notify the City in writing of the Contractor's intention to make claim for such extra compensation before the Contractor begins the work on which Contractor bases the claim. If such notification is not given, or the City is not afforded proper supporting documentation by the Contractor for keeping strict account of actual cost, then the Contractor shall be deemed to have waived the claims for such extra compensation. Such notice by the Contractor, and the fact that the City has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim. The validity of the claim must be determined by the City. If the City determines that the claim is well founded, it shall be allowed and paid for as “extra work”; if the City determines that the claim is not well founded, it shall be disallowed and not paid.

SECTION 3 – CONTROL OF THE WORK.

SECTION 4 - CONTROL OF MATERIALS.
4-3 INSPECTIONS.
4-3.1 General. [Add the following to this section]:

The City will pay for inspection and materials testing. The Contractor shall pay for retests and reinspections due to failure to meet Specifications. If the Contractor elects to work under this Contract more than 8 hours/day or more than 40 hours/week, Saturday, Sunday, or City holidays, it shall arrange with the Engineer for the required inspection service and pay the Special Inspection Fees as provided by the Material Inspector and City Engineer. When Special Inspection is required, the Contractor shall notify the City and pay inspection fees 24 hours in advance. A 24 hour advance notice will be given during working hours, exclusive of Saturday, Sunday or City holidays for the purpose of permitting the Engineer to make necessary assignments of his representatives. If the Contractor is directed by the City to work under this

4.6.b
Packet Pg. 141 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center SP-5
1511509.1
Contract more than 8 hours/day or more than 40 hours/week, the Special Inspection Fee requirements will be waived.

SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES.
5-1 LAWS AND REGULATIONS. [Add the following to this section]:

The Contractor, and all subcontractors, suppliers and vendors, shall comply with all City, State, and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments.

The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers.
5-3 LABOR.
5-3.3 Payroll Records. [Add the following to this section]:

Contractor shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. Verified payroll records shall be submitted to the City by the tenth day of each month. Progress payments will be withheld pending receipt of any outstanding reports.
5-4 INSURANCE.
5-4.5 Compliance with Insurance Requirements. [Add the following to this section]:

Contractor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Contractor shall not commence any work or services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor’s existing insurance policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
5-4.5.1Types of Insurance Required. [Add the following to this section]:

As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Contractor shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:

A. Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance (Insurance Services Office form CG 00 01) written on an occurrence basis with limits of at least two million dollars ($2,000,000.00) per occurrence, four million dollars ($4,000,000.00) in the general aggregate, and four million dollars ($4,000,000.00) for completed

4.6.b
Packet Pg. 142 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center SP-6
1511509.1
operations aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.

B. Automobile Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance (Insurance Services Office form CA 001) written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) combined limit for each occurrence covering bodily injury and property damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.

C. Workers’ Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.
5-4.5.2 Acceptability of Insurers. [Add the following to this section]:

Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Line Insurers (LASLI), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City.

Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
5-4.5.3 Insurance Endorsements. [Add the following to this section]:

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 written approval. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

A. The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:
(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; and

4.6.b
Packet Pg. 143 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center SP-7
1511509.1
(2) Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Contractor, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
(3) Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Contractor’s failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice.

B. For all policies of Commercial General Liability Insurance, Contractor shall provide endorsements for completed operations to effectuate this requirement. 5-4.5.4 Deductibles and Self-Insured Retentions.

Any deductible or self-insured retention must be approved in writing by the City in advance 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.
5-4.5.6 Primary and Non-Contributing Insurance.

All policies of Commercial General Liability Insurance 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. 5-4.5.7Waiver of Subrogation.

All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subcontractors. 5-4.5.8Evidence of Coverage.

Concurrently with the execution of the Agreement, Contractor shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. 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 written approval. The certificates of insurance and original 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

4.6.b
Packet Pg. 144 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center SP-8
1511509.1
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, Contractor 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. Contractor shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage. 5-4.5.9 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 requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property. 5-4.5.10 Enforcement of Agreement (Non-Estoppel).

Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any non-compliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder. 5-4.5.11 Insurance for Subcontractors.

Contractor shall either: (1) include all subcontractors engaged in any work or services for Contractor relating to this Agreement as additional named insureds under the Contractor’s insurance policies; or (2) Contractor shall be responsible for causing its subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Contractor’s subcontractors performing any work or services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers, as additional insureds. Contractor shall not allow any subcontractor to commence any work or services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subcontractor has secured all insurance required under this section.
5-4.5.12 Other Insurance Requirements.

The following terms and conditions shall apply to the insurance policies required of Contractor pursuant to this Agreement:

A. Contractor shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.

B. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained

4.6.b
Packet Pg. 145 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center SP-9
1511509.1
in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

D. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

E. Contractor agrees to ensure that subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.

F. Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor arising out of the work or services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement. 5-4.5.13 Contractor's Liability; City Not Liable; Claims Resolution A. Contractor’s liability. The Contractor shall be responsible for any loss or damage that may occur to:
• The work or any part thereof;
• Any of the materials or other things used or employed in performing the work; • Any injury to any person or persons, either workers or the public; • Any damage to property resulting from any cause which might have been prevented by the Contractor, including defects or obstructions at any time before completion of the work and its final acceptance.

B. City ordered precautions. If, in the opinion of the City Engineer, the precautions taken by Contractor are not safe or adequate at any time during the term of the Contract, the City Engineer may order the Contractor to take further precautions, and if the Contactor shall fail to do so, the City Engineer may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any moneys due or becoming due the Contractor. Failure of the City Engineer to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety.

C. City not liable. The City shall not be answerable or accountable in any manner, for any loss or damage that may occur to any of the following from any cause which might have been prevented by the Contractor:
• The work or any part thereof;

4.6.b
Packet Pg. 146 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center SP-10
1511509.1
• Any of the materials or other things used or employed in performing the work; • Any injury to any person or persons, either workers or the public; • Any damage to property.

D. Claims Resolution. From time to time during the period of this contract, the City and/or the Contractor may be served with third-party claims, as a result of alleged conduct by Contractor. The following procedures shall be followed by City and Contractor:

For claims received by Contractor:
(1) Contractor shall provide City on a monthly basis details regarding any claim for damages to persons or property, including, date claim made, date of alleged damages, type of damages, alleged cause of damages and, as claims are resolved, details regarding Contractor’s denial or payment of such claim and the reasons for denial or payment. (2) Contractor shall resolve or deny any claim received within thirty (30) days of receipt. If Contractor is unable to resolve a claim within the thirty (30) days set forth above, it shall, prior to the expiration of the thirty (30) days request and extension in writing from the City.

For claims received by City:
(1) City shall process any claims received pursuant to Chapter 3-12 (Claims Against the City) of the Laguna Hills Municipal Code. (2) If after investigation of the claim, the City determines the Contractor is liable under this Contract, City shall tender the claim to the Contractor for proper handling and resolution.

E. Retention of Claimed Damages by City. The City may retain so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City until disposition has been made of such suits or claims for damages aforesaid.
5-7 SAFETY.
5-7.1.3 Traffic and Access. [Add the following to section]:

When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.

The Contractor shall notify in writing all affected property owners of the proposed construction schedule a minimum of forty-eight (48) hours, but not more than seventy-two (72) hours, in advance of any limitation or closure of access to their property. Form of said notice shall be as approved by the Engineer and shall contain the date and time of the closure. In the event of delay, whether beyond the control of the Contractor or not, the Contractor shall notify all affected property owners as to the extent of the delay and his revised schedule. In the event of delay over 72 hours, the Contractor shall re-notify the property owners as described above. Payment for notification and coordination as per Section 7-10 as modified herein shall be included in the compensation paid for the various items of work and no additional compensation will be allowed. The "Notices" will be furnished by the Contractor.

4.6.b
Packet Pg. 147 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center SP-11
1511509.1
Pedestrian access shall be maintained at all times during construction and shall be in accordance with the Americans With Disabilities Act.

5.7.2 Safety Orders

5.7.2.1 General. [Add the following to this section]:

The Contractor shall comply with the provisions of any City ordinances or regulations regarding requirements for the protection of excavations and the nature of such protection.

In accordance with Section 6500 of the Labor Code, the Contractor is required to obtain a permit from the Division of Industrial Safety for any trench or excavation which if five feet or more in depth and into which a person is required to descent.

In accordance with Section 6705 of the Labor Code, prior to any excavation involving an expenditure in excess of twenty-five thousand dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit to Engineer a written detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches.

Prior to beginning of excavations requiring shoring, the Contractor shall designate in writing to the Engineer someone whose responsibility it is to supervise the Project safety measures and someone whose responsibility it is to supervise the installation and removal of sheeting, shoring and bracing.

In addition to shoring the excavations in accordance with the minimum requirements of Industrial Safety Orders, it shall be the Contractor's responsibility to provide any and all additional shoring required to support the sides of the excavation against the effects of load which may exceed those desired by using the criteria set forth in the Industrial Safety Orders. The Contractor shall be solely responsible for any damages which may result from his failure to provide adequate shoring of the excavation under any and all of the conditions of loading which may exist or which may arise during construction of the Project.

In accordance with Section 7104 of the Public Contract Code, any public works contract which involves excavations that extend deeper than four feet below the surface shall provide as follows:

I. That the Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:

A. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

B. Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.

4.6.b
Packet Pg. 148 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center SP-12
1511509.1
C. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally as inherent in work of the character provided for in the contract.

II. The local public entity shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the contract.

III. That, in the event that a dispute arises between City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 5-7.2.2.1 Storage of Equipment and Materials in Public Streets. [Add the following section]:

The Contractor is required to, at his own expense, maintain and operate a work and storage area outside of the public right-of-way. In such case the Contractor shall submit to City written authorization from the owners of the subject property prior to occupation. Occupation of site without written authorization shall be grounds for immediate suspension of work. Location of site to be approved by City. Condition and operation of yard shall conform to these specifications. The Contractor shall assume full responsibility for all damage to the site resulting from his operations and shall repair and/or replace same, at his own expense, to the satisfaction of the owner of the subject property. The Contractor shall vacate site and return it to pre-Project condition within five (5) working days following application for Notice of Completion. The Contractor shall obtain a written release from the property owner accepting the condition of the vacated site and releasing the Contractor from any further clean-up or restoration work and shall submit a copy of such release to City. The Notice of Completion will not be issued until said release is submitted.

SECTION 6 - PROSECUTION AND PROGRESS OF WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
6-1.0 General. [Add the following section]:

The Contractor's proposed Construction Schedule shall be submitted to the Engineer within ten (10) working days after the date of the Notice of Award of Contract. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered. The schedule shall establish the order of work which minimizes disruption of existing travel lanes.

Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the respective Contractor to review the proposed Construction Schedule and delivery dates, arrange the utility coordination, discuss construction methods, and clarify inspection procedures.

The Contractor shall submit periodic Progress Reports to the Engineer by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the

4.6.b
Packet Pg. 149 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center SP-13
1511509.1
original schedule shall be explained. Liquidated damages will be assessed pending receipt of any outstanding reports, as set forth in Section 6-9.1 below. 6-1.3 Construction Schedule (Critical Path Method) [Add the following section]:

The Contractor shall submit to the Engineer practicable critical path method (CPM) progress schedules in conformance with these Special Provisions. Whenever the term “schedule” is used in this section it shall mean CPM progress schedule illustrated by the Gantt Bar method. The schedule shall be prepared by qualified and experienced scheduling staff.

Schedules shall show the order in which the Contractor proposes to carry out the work with logical links between time-scaled work activities, and calculations made using the critical path method to determine the controlling operation or operations. The Contractor is responsible for assuring that all activity sequences are logical and that each schedule shows a coordinated plan for complete performance of the work.

The Contractor shall produce schedules using computer software and shall furnish compatible software for the Engineer’s exclusive possession and use. The Contractor shall furnish network diagrams, narrative reports, tabular reports and schedule data as parts of each schedule submittal.

The number of activities shall be sufficient to assure adequate planning of the Project, to permit monitoring and evaluation of progress, and to do an analysis of time impacts.

Schedule activities shall include the following:

A. A clear legible description.

B. Start and finish dates.

C. A duration of not less than one working day, except for event activities, and not more than 20 working days, unless otherwise authorized by the Engineer.

D. At least one predecessor and one successor activity, except for Project start and finish milestones.

E. Required constraints.

F. Codes for responsibility, stage, work shifts, location and contract pay item numbers.

The Contractor may show a scheduled completion date that is later than the Contract completion date on an update schedule, after the baseline schedule is accepted. The Contractor shall provide an explanation for a late scheduled completion date in the narrative report that is included with the schedule.

The Engineer’s review and acceptance of schedules shall not waive any Contract requirements and shall not relieve the Contractor of any obligation thereunder or responsibility for submitting complete and accurate information. Schedules that are rejected shall be correct by the Contract and resubmitted to the Engineer within five (5) working days of notification by the Engineer, at which time a new review period of one week will begin.

Errors or omissions on schedules shall not relieve the contractor from finishing all work within the time limit specified for completion of the Contract. If, after, a schedule has been accepted by the Engineer, either the Contractor or the Engineer discovers that any aspect of the schedule has an error or omission, it shall be corrected by the Contractor on the next schedule.

4.6.b
Packet Pg. 150 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center SP-14
1511509.1
Payment for the Project schedule and revisions/updates to the schedule shall be made under other items of work and no additional payment shall be made therefore. 6-1.4 Acceleration. [Add the following section]:

The City reserves the right to accelerate the work of the Contract at any time during its performance. In the event the City directs acceleration, such directive will be given to the Contractor in writing. The Contractor shall keep cost and other Project records related to the acceleration directive separately from the normal Project cost records and shall provide a written record of acceleration costs to the City on a daily basis.

In the event the Contractor believes that some action or inaction on the part of the City constitutes an acceleration directive, the Contractor shall immediately notify the City in writing that the Contractor considers the actions or inactions an acceleration directive. The Contractor shall not accelerate their work efforts until the City responds to the written notification. If acceleration is then directed or required by the City, all cost records referred to in the previous paragraph shall be maintained by the Contractor and provided to the City on a daily basis.

In order to recover additional costs due to acceleration, the Contractor must document that additional expenses were incurred and paid by the Contractor. Labor costs recoverable will only be overtime or shift premium costs or the cost of additional laborers brought to the site to accomplish the accelerated work effort. Equipment costs recoverable will only be the cost of added equipment mobilized to the site to accomplish the accelerated work effort. 6-3 TIME OF COMPLETION.
6-3.1 General. [Add the following to this section]:

The time for completion shall be as set forth in the General Specifications. 6-3.2 Contract Time Accounting. [Add the following to this section]:

The Contractor's activities shall be confined to the hours between 7:00 AM and 5:00 PM, Monday through Friday, excluding holidays, unless otherwise specified. Changeover of the cooling tower system shall be scheduled for a weekend changeover. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property.

In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates (premium time) including benefits, overhead, and travel time and are established based on the City’s current fee schedule or professional services agreement for construction inspection services. The service fees will be deducted from any amounts due the Contractor.

Construction activities during City Special Events may be restricted by City to exclude all or part of the work on primary arterial or access roads to the Special Events as determined by Engineer.

The Contractor shall be responsible to ascertain the exact times of any such events within his proposed construction schedule which may restrict his operation and shall adjust his schedule accordingly. The construction restrictions shall only be for the actual days the events occur. All costs for maintaining traffic control, protection of work site and re-mobilization shall be deemed

4.6.b
Packet Pg. 151 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center SP-15
1511509.1
as included in the lump sum contract for their respective items and no additional compensation will be allowed.
6-3.3 Completion, Acceptance, and Warranty. [Add the following section]:

Work will be deemed completed on the same date when the Notice of Completion is recorded with the County of Orange.
6-9 LIQUIDATED DAMAGES. [Add the following to this section]:

It is agreed by the parties to the Contract that time is of the essence and that in the case that all the work is not complete before or upon the expiration of the time limit set forth, damage will be sustained by the City. For each consecutive calendar day in excess of the time specified for the completion of the work, the Contractor shall pay to the City $5,000.00. In addition, the City shall have the right to charge to the Contractor and to deduct from payments for the work the actual cost to the City of engineering, inspection, superintendence, and other overhead expenses, which are directly chargeable to the Contract and which accrue during the period of such delay. The expenses and damages described above shall be deducted from any money due the Contractor under this contract. The Contractor and his sureties shall be liable for any excess cost.

SECTION 7 - MEASUREMENT AND PAYMENT.
7-3 PAYMENT.
7-3.2 Partial and Final Payment. [Add the following to this section]:

The closure date for periodic progress payments will be five (5) working days prior to the first Monday of each month. The final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as-constructed conditions. The City shall withhold from the final payment $15,000 in the event that the Contractor fails to return the control set of Plans and Specifications showing the as-constructed conditions.

SUBSTITUTION OF SECURITIES
In conformance with Public Contract Code Section 22300, the Contractor may substitute securities for any monies withheld by the City to ensure performance under the Contract Agreement.

At the request and expense of the Contractor, the Contractor has the option to deposit securities, which have been approved by the City, and deposited with a State or Federally chartered bank as the escrow agent. Said securities will be used as a substitute for retention earnings required to be withheld by the City, pursuant to the construction contract. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive interest thereon. Said securities shall have no obligation to any other construction contract for substitution of securities in lieu of retention. When the Contractor deposits the City approved securities with the escrow agent, the escrow agent shall notify the City within 10 calendar days of the deposit.

Said securities shall be evaluated quarterly by the escrow agent to verify the current market value.

If the current market value of said securities falls below the required amount, the escrow agent shall notify the Contractor and require additional securities and/or cash to be submitted for City approval, and be held in the escrow account to meet the Contractor's obligations. Said securities

4.6.b
Packet Pg. 152 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center SP-16
1511509.1
shall be held by the escrow agent until such time as the escrow agent receives written notification from the City that the Contractor has satisfactorily completed his contract obligations.

Alternatively, the Contractor may request and the City shall make payment of retention earned directly to the escrow agent at the expense of the Contractor. The Contractor may direct the investment of the payment into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by the Contractor.

The type of securities deposited and the method of release shall be approved by the City Attorney's office.

The full five percent (5%) retention will be deducted from all payments. The City shall hold retainage from the Contractor and shall make prompt and regular incremental acceptances of portions, as determined by the City, of the Contract work, and pay retainage to the Contractor based on these acceptances. The Contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the Contract work by the City. Federal law (49 CFR Section 26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the City’s prior written approval. Any violation of this provision shall subject the violating Contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code.

These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor, deficient subcontract performance, or noncompliance by a subcontractor.

The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion. . The City may withhold from release of the final retention amounts authorized under Public Contracts Code Section 7107 and/or 125% of amounts identified in any Stop Notices received by the City.
7-3.3 Delivered Materials. [Add the following to this section]:

Materials and equipment delivered but not incorporated into the work shall not be included in the estimate for progress payment.
7-3.4 Mobilization. [Add the following to this section]:

Mobilization shall consist of preparatory work and operations, including but not limited to those necessary for the movement of personnel, equipment, supplies, and incidentals to the Project site; for the establishment of all offices, buildings and other facilities necessary for the work on this Project; and for all other work and operations which must be performed or cost incurred prior to beginning work on the various contract items on the Project site. Mobilization is deemed to include all aspects of mobilization and de-mobilization work occurring during the life of the Project for any reason.

Full compensation for mobilization shall be included in the Contract LUMP SUM price bid for Mobilization and shall include full compensation for all costs incurred by the Contractor for doing all the work involved in mobilization as specified herein, and no additional compensation will be allowed. Mobilization shall not exceed 5% of the entire bid, excluding mobilization and as shown in the Proposal Bid Sheet.

4.6.b
Packet Pg. 153 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center SP-17
1511509.1
SECTION 9 – FACILITIES FOR CONTRACT PERSONNEL. [Add this section]:
9-1 EXTENDED FIELD OFFICE OVERHEAD COST.

Within fourteen (14) calendar days after receipt of the Notice to Proceed, the Contractor shall submit written statement to the City detailing its field office overhead costs which are time related.

The City will review this first cost submittal and reach a written agreement with the Contractor on a daily field office overhead cost rate which shall be memorialized in a no cost change order. The daily rate agreed to in this change order will be applicable throughout the duration of the Contract.

No field office costs will be paid until such an agreement is reached between the City and the Contractor and the change order concerning this daily rate is executed by both parties. Progress payments will be withheld pending receipt of the above-referenced cost submittal and executed change order.

The individual cost components of the daily field office overhead rate shall represent costs which increase as a direct result of any time extension caused solely and exclusively by an act or omission of the City. This listing may include such cost items as on-site project management, supervision, Engineering and clerical salaries; on-site utilities and rent; on-site company vehicles and their operating expenses; and site maintenance and security expenses. Field office overhead costs which are unaffected by increased time shall not be allowable cost in calculating the daily field office overhead rate. These non-time related costs include, but are not limited to, acquisition and installation of stationary equipment; temporary construction facilities; utilities and office furnishings (unless such items are rented or leased); the preparation of the site including clearing, grubbing, grading, fencing, mobilizations and demobilization costs; and the costs of permits, bonds and insurance coverage for the Project.

The individual wage cost components used to calculate the daily field office rate shall be supported by actual employee payroll records, not salary ranges or estimates. Hourly rates for management, supervisory, engineering, and clerical employees shall be based upon 2080 work hours per year and shall not include allowances for holidays, vacations, or sick time.

When applicable, the daily field office overhead rate shall be multiplied by the number of days the Contract is delayed or extended by change order and shall be added to the agreed upon change order cost. The days of delay shall be those caused solely by the acts or omissions of the City and documented by a time impact analysis prepared and submitted by the Contractor. In the event a deductive change order is issued which reduces time under the Contract, the daily field office overhead rate shall be used to calculate the deductive amount. No allowance for overhead costs and no profit allowance shall be added to the extended field office overhead cost.

SECTION 10 - RESPONSIBILITIES OF THE CONTRACTOR [Add this section]:
10-1 CONTRACTOR'S EQUIPMENT AND FACILITIES.
10-1.1 General.

Conduct of the Work. The Contractor shall behave, at all times, in a courteous, professional manner. While on site, or entering or exiting the site, there shall be no extraneous activity that might cause disruption to the Project site, surrounding areas, or residents. Failure to comply may result in the suspension of work, or removal of contractor’s staff from the Project.

4.6.b
Packet Pg. 154 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center SP-18
1511509.1
Noise Levels. A noise level limit of 86 dbA at a distance of fifty feet (50') shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel.
10-2 COOPERATION AND COLLATERAL WORK.

The Contractor is advised as to the possibility of other construction projects within the proposed construction zone by the City, other governing agencies or private enterprises. In the event of such projects, the Contractor shall coordinate with the applicable parties as to the extent of any time required to complete their work and shall schedule its work and conduct its operations so as to permit access and time as required for the concurrent work. The Contractor shall immediately notify the City Engineer in the event of a delay in scheduling caused solely by this concurrent work. Payment for the above, if any, shall be deemed as included in the items of work as shown on the proposal bid sheet and no additional compensation will be allowed. 10-3 PROJECT SITE MAINTENANCE.
10-3.1 Cleanup and Dust Control.

The Contractor shall keep adjacent properties clean and free of rubbish and debris in a timely manner as necessary and/or as directed by the Engineer.

The Contractor shall implement effective handling, storage, usage, and disposal practices to control material pollution and manage waste and nonstormwater at the job site before they come in contact with storm drain systems and receiving waters. 10-3.1.1 Construction Cleaning [Add the following section]:

The Contractor shall:
(a) Initiate and maintain a daily program to prevent accumulation of debris on-site and along access roads and haul routes. Maintain areas under Contractor's control free of waste materials, debris, weeds 6” high, and rubbish. Maintain site in a clean and orderly condition. (b) Provide suitable covered containers for deposit of debris and rubbish. Dispose of accumulation of extraneous materials, prohibit overloading of trucks to prevent spillages on access and haul routes and provide daily inspection of haul routes to enforce requirements. (c) The Contractor shall supply self-loading motorized street sweepers equipped with a functional water spray system as part of his daily program. (d) Schedule at a minimum, weekly collection and disposal of debris. Provide additional collections and disposals of debris whenever the weekly schedule is inadequate to prevent accumulation.

The Contractor shall remove debris from closed or remote spaces prior to closing the space, control cleaning operations to minimize dust and other particulates and immediately remove clay and earth which adhere to the paved surface of the roadway. Remove by hand scraping, washing, sweeping, and/or other method(s) which will leave a clean non-skid surface without impairing, injuring or loosening the surface.

The Contractor is required to control dust throughout the life of the Contract. The control may be required by job conditions or City Engineer. In any case, the Contractor shall use water or other

4.6.b
Packet Pg. 155 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center SP-19
1511509.1
means to control the dust. No chemical agents may be used without written authorization from the Agency. The Contractor shall be solely responsible for safety problems, accidents or any other complications or claims arising from inadequate dust control.

No separate payment will be made for any work performed or material used to control dust resulting from the Contractor's performance of the work, or by public traffic, either inside or outside the right-of-way. Full compensation for such dust control will be considered as included in the price paid for the various items of work involved.

No separate payment will be made for any work performed or material used in cleaning the Project. Full compensation for such cleaning shall be considered as included in the price paid for the various items of work involved and no additional compensation will be allowed therefore. 10-6 CONTRACTORS RESPONSIBILITIES FOR WORK
Until Acceptance of the Work, the Contractor shall have the responsibility, charge and care of the Work and of the materials to be used therein (including materials for which it has received partial payment or materials which have been furnished by the City) and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work.

The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the work or the material occasioned by any cause before its completion and acceptance and shall bear the expense thereof. Where necessary to protect the work or materials from damage, the Contractor shall at his expense provide suitable drainage and erect such temporary structures as are necessary to protect the work or materials from damage. The suspension of the work from any cause whatever shall not relieve the Contractor of his responsibility for the work and materials as herein specified. If ordered by the City Engineer, the Contractor shall at his expense properly store materials which have been partially paid for by the City or which have been furnished by the City.

Such storage by the Contractor shall be on behalf of the City, the City shall at all times be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site of the work when requested. The Contractor shall not dispose of any of the materials so stored, except on written authorization from the City.

In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is authorized to act at his discretion to prevent such threatened loss or injury, and he shall so act as though instructed to do so by the City.

4.6.b
Packet Pg. 156 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center SP-20
1511509.1
PART 2 - CONSTRUCTION MATERIALS

1. Contractor shall Furnish all materials and equipment as necessary to complete the work in every detail in accordance with the Plans, Specifications, and applicable Building Codes and to the satisfaction of the Engineer.

2. Contractor shall provide all materials and labor necessary to complete the work, including any additional materials, as necessary to complete the intent of the plans and specifications for a complete and operating Evapco Model #LSWA-41B Cooling Tower system replacement, fully integrated with existing HVAC systems, whether or not shown on the plans and described in the specifications.

3. The cost for the provision of materials, complete and in place, and compliance with the plans and all Building Codes shall be included in the various items of bid and no additional compensation will be allowed therefore.

PART 3 - CONSTRUCTION METHODS

1. Site Conditions: The Laguna Hills Civic Center is an active public use building with ongoing operations including various events and activities. Contractor shall minimize noise and access disruptions to the greatest extent practicable. See Section 10-2 Cooperation and Collateral Work.

2. Pedestrian Access: Pedestrian paths of travel must be maintained free of obstructions and hazardous conditions. To the extent any portion of the work requires obstructing pedestrian paths of travel, the work shall be performed so as to minimize the extent of the obstruction. Where the contractor’s operations may create hazardous condition to pedestrian paths of travel, appropriate signing and barricades shall be installed to safely route pedestrians around the impacted area. Contractor shall give at least 48-hour notice prior to the creation of any condition affecting pedestrian paths of travel.

3. Crane Work: Contractor shall provide necessary crane services to complete the work.

Contractor shall provide a crane operation plan and crane access plan to the Engineer 72 hours in advance of use and shall modify the plan as directed. All crane work shall comply with OSHA and State of California regulations in every respect. All crane placement shall require the placement of an underlayment material to protect the existing facilities of not less than a continuous pathway of ¾” plywood. Any damaged flagstone, concrete, asphalt concrete or landscape shall be replaced in kind to the satisfaction of the Engineer.

Crane(s) stored on site shall be moved to a parking area identified by City staff at the end of each work day. Contractor shall give at least a 48-hour notice prior to use of any cranes on site.

4. I-beam Painting: Perform repairs, refinish and paint the existing I-beam steel frame rail to include:
i. Wet sandblasting of steel I-beam shall include rust/corrosion inhibitor in blasting mix.
ii. Wet sandblasting mix water and debris shall be contained, collected and properly disposed of in accordance with NPDES requirements. No materials shall run off the project site.

4.6.b
Packet Pg. 157 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center SP-21
1511509.1
iii. Rusted areas shall be grinded down to bare metal, repaired as necessary, including welding as needed, for a smooth finish, rust inhibitor applied, prime coat applied and finished painted.

COOLING TOWER SPECIFICATIONS

1. Demolition: The existing cooling tower shall be shut down, uninstalled, removed and properly disposed of. Recovery and disposal of existing chemicals and controllers will be performed by others, coordinate scheduling this service with City’s Cooling Tower chemical maintenance vendor. Care shall be taken as to not damage any other existing facilities and infrastructure during the demolition process. Any damage shall be repaired and/or replaced in kind. Demolition shall be phased with installation of new work to maintain existing building systems.

2. Installation: Verify all existing site conditions and systems including, but not limited to: pipe sizes and routing, valve sizes and routing, equipment connections and locations and controls. New cooling tower shall be installed on and secured to existing I-beam frame rail. Repair, refinish and paint existing frame rail. Provide new 8 bolt flange gaskets and bolt kits for new cooling tower connections. Existing cooling tower shall be replaced with new cooling tower like for like application with Evapco Model #LSWA-41B closed circuit cooling tower or approved equal. Tie new fan into existing Danfoss 15 HP VFD controller and program new motor operations. Provide new 4” PVC pipe and fittings for new cooling tower condenser water and tie into existing 4” steel pipe in mechanical yard. Tie into existing electrical and building controls for new cooling tower. Install new make up water line and tie into make up water line in mechanical well. Provide new drain from new cooling tower to existing floor drain in mechanical well.

Complete installation shall be in conformance with the Plans and Specifications, regulatory codes and manufacturers recommended practices to include, but not be limited to, all appurtenances, start-up, connections, testing and report, and provide equipment manuals.

Contractor shall furnish and install any additional plumbing, electrical and mechanical materials, complete and in place and fully integrated with existing HVAC systems and comply with all Specifications and Plans to the City’s satisfaction.

3. Regulations: The Cooling Tower System and materials shall comply with 2019 California Mechanical Code, 2019 California Electrical Code, 2019 California Energy Code and Title 24 and shall meet or exceed all manufacturers installation and operating requirements and all requirements as listed on the plans.

4. Submittals: All products proposed to be utilized shall be submitted to City for approval prior to order and installation.

5. Warranty: The Contractor shall provide a one-year Labor Warranty, in addition to the Evapco Manufacturer Warranty, to include any and all coordination with Evapco, Inc., to acquire any warranty parts. The Warranty shall designate the company to respond to any Cooling Tower System failures, such response and repairs shall be initiated within 24 hours of notice by the City of a Cooling Tower System failure. The Warranty shall be submitted for approval by the City. The Warranty shall be modified as directed by the City should there be any exceptions or exclusions not acceptable to the City.

4.6.b
Packet Pg. 158 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center SP-22
1511509.1

PAYMENT SCHEDULE
Bid Item 1: MOBILIZATION
Payment for Mobilization shall be as specified in Section 7-3.4 herein.

Bid Item 2: REMOVE AND DISPOSE OF EXIST COOLING TOWER EQUIPMENT AND

APPURTENANCES
Payment for Remove and Dispose of Exist Cooling Tower System Equipment and Appurtenances shall be made at the LUMP SUM contract price bid and shall constitute full compensation for all work efforts to remove the cooling tower system equipment that is scheduled to be replaced as shown on the Plans, complete and in place, including all labor, materials, equipment, crane services, recycling services and refuse services, electrical disconnection, plumbing disconnection, protection of existing facilities, regulatory compliance and any other items of work necessary to prepare the site for the installation of new cooling tower system equipment and no additional compensation will be allowed therefore.

Bid Item 3: FURNISH AND INSTALL COOLING TOWER SYSTEM WITH STAINLESS

STEEL BASIN AND APPURTENANCES COMPLETE AND IN PLACE
Payment for Furnish and Install Evapco Model #LSWA-41B Cooling Tower System with a Stainless Steel Basin and Appurtenances Complete and in Place shall be made at the LUMP SUM contract price bid and shall constitute full compensation for all work efforts to install the cooling tower system with stainless steel basin and appurtenances as shown on the Plans, complete and in place, including all labor, materials, equipment, crane services, coordination with Evapco, Inc., electrical connections, plumbing connections, protection of existing facilities, regulatory compliance and the furnishing of any other items of work or materials necessary to complete the installation of new Cooling Tower equipment fully integrated with existing HVAC system and no additional compensation will be allowed therefore.

Bid Item 4: FURNISH ONE-YEAR LABOR COOLING TOWER WARRANTY Payment for Furnish One-Year Labor Cooling Tower Warranty shall be inclusive of all labor, equipment, tools and parts for a period of one year after acceptance of the project completion to furnish all labor and coordinate, retrieve from Evapco Inc. all parts, and complete any repairs necessary to maintain the Cooling Tower System in like-new condition, complete and in place and no additional compensation will be allowed therefore.

4.6.b
Packet Pg. 159 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center 1511509.1
Appendix A– Site Plan

4.6.b
Packet Pg. 160 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community

N LAGUNA HILLS CIVIC CENTER
0 0.01 0.02 0.005 mi

MECHANICAL YARD

4.6.b
Packet Pg. 161
Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 :
1511509.1
Appendix B– Manufacturer Data Sheets

4.6.b
Packet Pg. 162 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center (1) LSWE 4-4I12
Project Details
Project Name : Laguna Hills Civic Center
Location: TBD UNK
Date: 6/9/2022
Customer:

Contact:

Contact Email:

Product Description
The LSWE is a forced draft closed circuit cooler with a centrifugal fan, designed for ease of maintenance and extended trouble-free operation. The centrifugal fan provides quiet operation, ideal for large ducted/indoor installations with additional external static pressure. The LSWE utilizes EVAPCO’s ThermalPak® Coil, featuring CrossCool™ Internal Tube Enhancement, which increases the cooling capacity of the unit. LSWE units come standard with CTI Certified Performance and IBC Compliant construction.

Selection Criteria Total Each Unit
Flow: 160.0 GPM 160.0 GPM
Fluid: Water Water
Entering Fluid Temp: 95.0 F 95.0 F
Leaving Fluid Temp: 85.0 F 85.0 F
Entering Wet Bulb: 75.0 F 75.0 F
Required Capacity
800.00 MBH

53.33 Tons
Unit Selected
One(1) EVAPCO LSWE 4-4I12 at 101% capacity (808.21 MBH) Physical Data Per Unit
Overall Dimensions (WxLxH): 4'-5/8" x 11'-11 3/4" x 8'-1" Operating Weight: 7,930 lbs
Shipping Weight: 5,680 lbs
Heaviest Section: 3,690 lbs
*weights and dimensions could vary depending on options selected IBC Design Capability
IBC Standard Structural Design

1.0 Importance Factor Specified
Seismic(Sᴅs): up to 0.67 g, z/h = 0
Wind Load(P): up to 288 psf
Fan Motor Data per Unit
Number of Fans:4
# of Fan Motors:1
Nameplate Power (460/3/60): 10.00 HP Per Motor
Typical Nameplate FLA: 12.4 Amps Per Motor
*Nameplate FLA could vary
Pump Motor Data per Unit
No.of Pumps:1
Nameplate Power (460/3/60): 1.5 HP per pump motor
Typical Nameplate FLA: 2.02 Amps Per Motor
*Nameplate FLA could vary
Additional Details Per Unit
Air Flow: 23,300 CFM
Coil Volume: 116.9 gal per unit
Coil Design Pressure: 300 psi
Riser Pipe Diameter: 4"
Hydraulic Data
Spray Water Flow: 245 GPM
Pressure Drop Through Coil: 2.2 psi
Evaporated Water Rate: 1.28 GPM
Accessories
(1) ASHRAE 90.1-2019 Energy Compliant (1) IBC Standard Structural Design (1) 1.0 Importance Factor Specified (1) Stainless Steel Water Touch Basin (1) CrossCool Coil (1) Vibration Switch (1) Fan Motor: Inverter Capable, Premium
Efficient (1) Fan Motor: Space Heaters
Closed Circuit Cooler Technical Data Sheet
Ben Piggott
12774 Florence
santa fe springs, 90670
7147266500
[email protected]
Spectrum Version: 2.2022.602.1 Page 4 of 8 June 9, 2022

4.6.b
Packet Pg. 163 Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 : Award of Contract for Civic Center REV.

HEAVIEST SECTION NO. OF SHIPPING SECTIONS
WEIGHT
UNIT
SCALE
DWG. #
MODEL # SERIAL #

SHIPPING
WEIGHT
DATE
OPERATING DRAWN BY:

WEIGHT
2" [50] FPTOVERFLOW
2" [50] MPTDRAIN
11'-11 3/4" 3651
4'-3/4" 1238
11'-11 3/4" 3651
1'-8 7/8" 530
1'-7 5/8" 498
1'-10 1/8" 562 *
3 1/8" 79 1'-6 7/8" 479
3'-7 1/2" 11054'-5 1/2" 1359
4'-3/4" 1238
2'-2 1/8" 664
1'-5"
432
8'-1"
2464
1" [25] MPT

MAKE-UP
1'-7"
483
(2) ACCESS DOOR
2'-3"
687 *
7"
178 *
NTS
TLS
FACE A
FACE B
FACE A
FACE B
FACE
C
FACE D
PLA
N VI
E
W
NOTES:1. (M)- FAN MOTOR LOCATION2. HEAVIEST SECTION IS COIL SECTION3. MPT DENOTES MALE PIPE THREAD

FPT DENOTES FEMALE PIPE THREAD

BFW DENOTES BEVELED FOR WELDING

GVD DENOTES GROOVEDFLG DENOTES FLANGE

PE DENOTES PLAIN END

4. +UNIT WEIGHT DOES NOT INCLUDE

ACCESSORIES (SEE ACCESSORY DRAWINGS)

5. 3/4" [19mm] DIA. MOUNTING HOLES. REFER TO

RECOMMENDED STEEL SUPPORT DRAWING

6. DIMENSIONS LISTED AS FOLLOWS: ENGLISH FT IN
[METRIC] [mm]

7. * - APPROXIMATE DIMENSIONS DO NOT

USE FOR PRE-FABRICATION OF CONNECTING PIPING

8. MAKE-UP WATER PRESSURE
20 psi [137 kPa] MIN, 50 psi [344 kPa] MAX

9. MAKE-UP CONNECTION LOCATED 7-5/8" [194]

FROM CONNECTION END OF UNIT
WLE041208-DRD-ST EVAPCO, INC.

CLOSED CIRCUIT COOLER LSWE 4-4I12
- 6/9/2022 5680 lbs+ [2580] kg+ 7930 lbs+ [3600] kg+ 3690 lbs+ [1675] kg+ 2 4" [100] BFW

FLUID IN
4" [100] BFW

FLUID OUT
1/2" [15]FPT VENT
Preliminary
Spectrum Version: 2.2022.602.1 Page 5 of 8 June 9, 2022

4.6.b
Packet Pg. 164
Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 :

NOTES:

MAXIMUM DEFLECTION OF BEAM UNDER UNIT TO BE 1/360 OF UNIT LENGTH NOT TO EXCEED 1/2" [13mm].DEFLECTION MAY BE CALCULATED BY USING 55% OF THE OPERATING WEIGHT ASSUPPORT BEAMS AND ANCHOR HARDWARE ARE TO BE FURNISHED BY OTHERS.BEAMS MUST BE LOCATED UNDER THE FULL LENGTH OF THE PAN SECTION.A UNIFORM LOAD ON EACH BEAM. SEE CERTIFIED PRINT FOR OPERATING WEIGHT.BEAMS SHOULD BE SIZED IN ACCORDANCE WITH ACCEPTED STRUCTURAL PRACTICES.

2.4.3.1. SUPPORTING BEAM SURFACE MUST BE LEVEL. DO NOT LEVEL THE UNIT BYPLACING SHIMS BETWEEN THE UNIT MOUNTING FLANGE AND THE SUPPORTING BEAM.

5. 6. THE FACTORY RECOMMENDED STEEL SUPPORT CONFIGURATION IS SHOWN.

CONSULT THE FACTORY FOR ALTERNATE SUPPORT CONFIGURATIONS.

7. UNIT SHOULD BE POSITIONED ON STEEL SUCH THAT THE ANCHORING HARDWARE FULLY PENETRATES THE BEAM'S FLANGE AND CLEARS THE BEAM'S WEB. ANCHOR HARDWARE TO BE ASTM - A325 5/8" [16mm] BOLT OR EQUIVALENT.

TITLE
UNIT
SCALE
DWG. #

DRAWN BY

8. DIMENSIONS LISTED AS FOLLOWS: ENGLISH FT-IN
[METRIC] [mm]

STEEL SUPPORT CONFIGURATION
SLCWE0412-DD
(12)
O 3/4" [19mm]

MOUNTING HOLES

UNIT OUTLINE
13/16" 21 3" 76
11'-11 1/2" 3645
O.A. UNIT
4'-5/8" 1235
O.A. UNIT
BB
AA

FAN SIDE

VIEW B-B
UNIT

MOUNTING
HOLE
13/16" 21
1 5/8" 41

C/L OF UNIT LOAD

C/L OF UNIT LOAD
1 9/16" 40
UNIT

MOUNTING
HOLE

VIEW A-A
3'-10 1/4" 1175

C/L OF MOUNTING HOLES
1 9/16" 40
4'-5 5/8" 1362
3"76
11 1/4" 286
4'-5 5/8" 1362
7 3/4" 197 11 1/4" 286
N.T.S. SLR
FACE A
FACE B
FACE
C
FACE D
PLA
N VI
E
W
EVAPCO, INC.

LSWE 4-4I12
Preliminary
Spectrum Version: 2.2022.602.1 Page 6 of 8 June 9, 2022

4.6.b
Packet Pg. 165
Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 :

TITLE DESCRIPTION:

EVAPCO, INC.

DWG. # VIBRATION SWITCH

ADJUSTMENT
ADJUST THE SWITCH SO THAT DURING FULL SPEED START-UP AND UNDER NORMAL CONDITIONS, THE CONTACTS DO NOT TRIP.FIRST, WITH THE MOTOR OFF, TURN THE ADJUSTMENT SCREW COUNTER-CLOCKWISE (MORE SENSITIVE DIRECTION) UNTIL THESWITCH TRIPS. NEXT, TURN THE ADJUSTMENT SCREW CLOCKWISE 1/8 TURN (LESS SENSITIVE DIRECTION). RESET THE SWITCH BYDEPRESSING THE PUSH-BUTTON RESET LOCATED ON TOP OF THE SWITCH. START THE MOTOR ON FULL SPEED. IF THE MOTOR TRIPSTHE SWITCH, THEN TURN THE ADJUSTMENT SCREW CLOCKWISE AN ADDITIONAL 1/8 TURN. RESET THE SWITCH AND START THEMOTOR AGAIN. REPEAT THE ABOVE PROCEDURE UNTIL THE MOTOR CONTINUES TO RUN.

SINGLE SPEED V1AU0000-EE
WIRING
DIAGRA
M:

DPDT
F
FAN
MOTOR
F
SUPPLIED VOLTAGE, 3 PHASE

INCOMING POWER

CIRCUIT

BREAKER
M1 OL1 1T1
1T21T3

SUPPLIED VOLTAGE
H1 H3 H2 H4
X1 X2
X2
OL1
M1

OPTIONAL

THERMOSTAT EVAPCO
SWITCH
HAND
OFF

DOXAUTO
XDO
OFF

VIBRATION
017-00464P
MOTOR
(BY OTHERS)

CONTROL TRANSFORMER

CONTROL VOLTAGE
250 Vac; 1/2 AMP, 125 Vdc; 1/4 AMP, 250 Vdc.
15 AMPS, 125, OR 480 Vac; 1/8 HP, 125 Vac; 1/4 HP,

1. DASHED LINES INDICATE WIRING(BY OTHERS)
NO
TES:

S
WIT
C
H
C
O
NTA
C
T
RATI
NG:

F
F
F
F
Preliminary
Spectrum Version: 2.2022.602.1 Page 7 of 8 June 9, 2022

4.6.b
Packet Pg. 166
Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 :

TITLE
UNIT
SCALE
DWG. #

DRAWN BY

FAN MOTOR SPACE HEATERS
MHAU0000-DB
N.T.S. BLL
MOTOR
FAN
NOTE:1. FAN MOTOR SPACE HEATERS SHOULD BE ENERGIZED WHEN MOTOR IS OFF TO PREVENT CONDENSATION IN THE MOTOR2. FAN MOTOR SPACE

HEATERS MUST BE SWITCHED OFF WHEN MOTOR IS RUNNING
L1/H1 L2/H2
HEATER 1
HEATER 2
ELECTRICAL DATA:VOLTAGE: 120VCURRENT: <2AMPS
EVAPCO, INC.

LSWE 4-4I12
Preliminary
Spectrum Version: 2.2022.602.1 Page 8 of 8 June 9, 2022

4.6.b
Packet Pg. 167
Attachment: Plans and Specifications for Civic Center Cooling Tower Replacement, CIP 505-A (3005 :

City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: November 15, 2022
TO: Mayor and Council Members
FROM: Jarad Hildenbrand
City Manager
ISSUE: Consideration of Amendment No. 2 to Security Patrol Services Agreement with High Level Security Solutions, Inc.

RECOMMENDATION: That the City Council approve and authorize the Mayor or Mayor Pro Tempore to sign Amendment No. 2 to Security Patrol Services Agreement with High Level Security Solutions, Inc., in the total maximum contract amount of $140,000 and authorize the Interim Finance Director to amend the current budget.

BACKGROUND:

The City entered into an agreement (Attachment 1) with High Level Security Solutions, Inc. (HLSS) to provide properly trained and equipped, uniformed, security officers with marked patrol vehicles to patrol residential neighborhoods, shopping centers, and public facilities within the City on an as-needed basis in order to enhance public welfare and safety. HLSS patrols certain areas of the City at the direction of the City Manager.

Depending on the need, one or two guards patrol daily from 8:00 p.m. to 4:00 a.m.

The original term of the agreement was for two (2) months, commencing on August 1, 2022, and ending on October 2, 2022. On September 27, 2022, the City Manager entered into Amendment No. 1 (Attachment 2) to the Agreement for the purpose of extending the term of the Agreement for two (2) additional months in order to provide for continued, uninterrupted citywide security patrol services to City under the same terms and condition and at the same hourly rates as established and set forth in the Agreement. The Agreement is currently scheduled to expire on November 30, 2022 by operation of its own terms.

4.7 Packet Pg. 168
Amendment No. 2 to Security Patrol Services Agreement
November 15, 2022

Page 2 ends

Laguna Hills City CouncilNovember 15, 2022

Laguna Hills City Council
November 15, 2022