Agenda packet, regular meeting — Laguna Hills City Council, June 13, 2023 (part 2 of 4)

Years with WSP
10 Years total
20 Education
PhD, Chemistry, UCLA,
2001
BS, Chemical Physics,
UCSD, 1995
Licenses/
Certifications
Certificate of Achievement
Real Estate (2022)
Certified Project Manager
(2013)
Professional
Memberships
CASQA
Mentor Collective
SF Bay Area
Trash Technical Advisory
Committee (2023-2028)
Statewide Trash
Monitoring Methods
Technical Advisory
Committee (2020)
Office location
Costa Mesa, CA
_____________________
Dr. VonBitner has 20 years of environmental science and program management of NPDES and TMDL compliance programs of various city, county, and state level government agencies. Primary professional responsibilities include project management for multiple state and local government clients and providing technical advisory services on specific priority issues. His experience has included managing City agency level Jurisdictional Runoff Management Programs, NPDES and TMDL program implementation, developing and performing regulatory compliance inspection programs, and providing community outreach and education.

SUMMARY OF RELEVANT EXPERIENCE (CHRONOLOGICAL ORDER)
City of Dana Point, Stormwater Program Technical Support Services, Dana Point, CA: Project Manager. (July 2017 to Present). In 2017, WSP was contracted by the City to provide as-needed NPDES and TMDL stormwater program consultancy support. Services to the City cover a wide range of topics including development of regulatory compliance implementation plans for the statewide Trash Amendments policy, reviewing and updating structural treatment control device inventories, water quality inspections, preparing comments letters on proposed regulations, performing technical assessments of water quality data to inform the City on regulatory compliance status, and working with City staff to development implementation strategies for the Bacteria TMDL program compliance.

City of Santa Ana, Stormwater Program Technical Support, Santa Ana, CA:

Interim NPDES Program Manager and Technical Lead. (December 2017 to Present). WSP’s services were contracted beginning in December 2017 to provide interim NPDES Program Management assistance in response to staffing shortages at the City. Support included activities related to general implementation of NPDES program such as TMDLs, statewide Trash Amendments, the Integrated Regional Watershed Management Program, reviewing program budgets, providing regulatory guidance and program implementation recommendations, performing inspections, and meeting with members of the public. Additional project activities have included assisting the City with grant-funding for structural treatment control systems.

City of San Juan Capistrano, NPDES Jurisdictional Runoff Management Program, San Juan Capistrano, CA: Project Manager. (March 2015 to Present).

WSP supports the City’s jurisdictional runoff management program under the San Diego MS4 Permit. Project activities include managing the work of support staff, performing regulatory compliance inspections for commercial, industrial, municipal, and residential management areas; responding to public complaints, preparing administrative enforcement letters to HOA management and private property owners, managing inspection programs and structural BMP inventories, reviewing WQMPs for Priority Development Projects, and developing technical guidance for Department Directors and Executive Managers. Additional project activities include developing an equestrian facility regulatory compliance inspection program, supporting public works with the Bacteria TMDL and CHWSRS programs, conducting MS4 outfall investigations, and JRMP updates.

4.6.a
Packet Pg. 174 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services

KACEN CLAPPER, CPSWQ

PROJECT MANAGER / TECHNICAL LEAD (PROGRAM MEETINGS,
NPDES PLANNING, MS4 REPORTING, CIP WATER QUALITY PLANNING,

OUTREACH MATERIALS/EVENTS, ILLEGAL DISCHARGES/ILLICIT

CONNECTIONS)

Page 1 of 2 ends

Years with WSP
6 Years total
23 Education
MS, Environmental
Studies, California State
University, Fullerton, 2001
BA, Ecology and
Evolutionary Biology,
University of Connecticut,
1996
40 Hour HAZWOPER
Training, 2008
Licenses/
Certifications
Certified Professional in
Storm Water Quality,
Number 1139
Professional
Memberships
CASQA
Office location
Costa Mesa, CA
_____________________
Mr. Clapper is a Certified Professional in Storm Water Quality (CPSWQ) and provides 23 years of expertise in the environmental field including over 11 years working on storm water and surface water quality NPDES programs for a public agency. He has supervised the Orange County Public Works internal storm water compliance section, managed several bacterial Total Maximum Daily Load (TMDL) programs, led mass emission program water quality and flow monitoring activities, and currently provides technical support to multiple local agencies in stormwater program implementation and Geographic Information System (GIS) spatial data development and analysis. His areas of expertise include Phase I Municipal Separate Storm Sewer System (MS4) permit implementation under both the San Diego and Santa Ana Water Boards, bacteria TMDL program implementation, pollutant source investigation, and compliance with the statewide Trash Amendments. In addition, Mr. Clapper recently served as co-chair for the California Stormwater Quality Association (CASQA) Policy and Permitting Subcommittee helping to lead discussions and comment development on new and potential precedent setting changes in stormwater regulations.

SUMMARY OF RELEVANT EXPERIENCE (CHRONOLOGICAL ORDER)
Orange County Public Works, Horno Creek Dry Weather Flow Investigation, Ladera Ranch, CA: Project Manager. (June 2021 – Present). Mr. Clapper is the project manager for a multiyear special study focused on dry weather flow reduction and the identification and elimination of over-irrigation and other controllable non-storm water flows in the unincorporated Ladera Ranch community of Orange County. Project work has included subdrainage mapping, dry weather flow investigation work plan development, the deployment of flow monitoring equipment at three outfall locations, and dry weather flow reconnaissance during peak flow hours to identify controllable non-stormwater discharges such as overirrigation. Identified flow sources are referred to Orange County Public Works for focused outreach and education efforts and to the Ladera Ranch homeowners association to address common area irrigation deficiencies.

City of Laguna Niguel, Storm Water Compliance Technical Support, Laguna Niguel, CA: Project Manager. (July 2017 - Present). Mr. Clapper is currently the project manager for storm water compliance technical support services to the City of Laguna Niguel including overall management of the City’s Environmental Programs. Components of technical support include Local Implementation Plan/Jurisdictional Runoff Management Program (LIP/JRMP) and Water Quality Improvement Plan (WQIP) implementation and reporting, bacteria TMDL compliance support, wetlands program implementation, and other MS4 permit compliance related support. Project activities have included updates to the City’s LIP/JRMP to reflect new MS4 permit requirements, development of a Track 2 implementation plan for compliance with the statewide Trash Amendments, development of MS4 outfall dry weather flow investigation work plan and

4.6.a
Packet Pg. 175 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services

KACEN CLAPPER, CPSWQ

PROJECT MANAGER / TECHNICAL LEAD (PROGRAM MEETINGS,
NPDES PLANNING, MS4 REPORTING, CIP WATER QUALITY PLANNING,

OUTREACH MATERIALS/EVENTS, ILLEGAL DISCHARGES/ILLICIT

CONNECTIONS)

Page 2 of 2 ends

implementation of a multiyear pilot study in cooperation with Moulton Niguel Water District, conducting a Bacteria TMDL related Comprehensive Human Waste Source Reduction Strategy (CHWSRS) work plan area of investigation study, municipal facility WQMP post-construction BMP inspections, environmental compliance project management oversight of a Salt Creek wetlands restoration project, securing an Orange County Transportation Authority (OCTA) grant for trash capture BMPs, and development of MS4 permit annual reporting submittals.

City of Laguna Beach, Water Quality Program Technical Support, Laguna Beach, CA: Project Manager. (June 2018 – January 2023). Mr. Clapper was the project manager and lead analyst performing all data analysis and development of a state Trash Amendments compliance plan for the City of Laguna Beach and assisting the City implementation of south Orange County Water Quality Improvement Plan (WQIP) program requirements. A conceptual Track 2 plan was developed for the City and baseline trash visual assessment surveys were conducted to further refine additional measures needed for compliance. Data analysis included using GIS software to define priority land use areas, model trash generation rates, and refine drainage area delineations to existing BMPs. WQIP implementation assistance has included technical support in bacteria TMDL compliance and assisting the City with Heisler Park Area of Special Biological Significance (ASBS) Compliance Plan annual reporting. ⎯ Orange County Public Works, OC Watersheds Program, Orange County, CA: Section Supervisor, Program Manager, Field Lead. (August 2005 – January 2017) Previous Employer. The County of Orange’s OC Watersheds program directs NPDES compliance programs as both a lead permittee conducting MS4 permit program development, monitoring, and reporting through a cost-share on behalf of Orange County cities, and as an individual permittee representing County jurisdictional areas. During his time at the County, Mr.

Clapper served in several OC Watersheds program roles including: a monitoring program lead, a hydrology and GIS data analyst, a bacteria TMDL program manager, and as chief of the County’s Internal Storm Water Compliance Section managing the County’s JRMP for unincorporated areas and the Orange County Flood Control District. Notable program efforts included development of bacteria TMDL required Comprehensive Load Reduction Plans for the Aliso Creek and San Juan Creek Watersheds and leading the County's JRMP MS4 permit annual reporting involving the coordination of multiple County departments and agencies and reporting under two separate permits.

4.6.a
Packet Pg. 176 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services

BRENT SMITH, IGP TOR, QSD/QSP, QISP, CPESC

TECHNICAL LEAD (SWPPP/ESCP REVIEW, CONSTRUCTION BMP

INSPECTIONS, NPDES TRAINING AND CIP GRANTS)

Page 1 of 1 ends

Years with WSP
22 Years total
22 Education
BS, Environmental
Science, University of
California Santa Barbara
Licenses/
Certifications
Industrial General Permit
Trainer of Record and
Qualified Industrial Storm
Water Practitioner (Reg.

No. 115)
Construction General
Permit Qualified SWPPP
Developer / Qualified
SWPPP Practitioner,
(Reg. No. 01105)
Certified Professional in
Erosion and Sediment
Control, (Reg. No. 5585)
Professional
Memberships
CASQA
California Construction
and Industrial Materials
Association
Office location
Costa Mesa
_____________________
Mr. Smith is a senior associate scientist with more than 22 years of experience providing environmental compliance consulting for a wide variety of projects and clients. Mr. Smith has helped many clients comply with NPDES regulations and permitting, including municipal, industrial, construction, and de minimus permits.

Mr. Smith’s responsibilities have included stormwater program management, NPDES permit compliance, flow measurement and sampling system design, evaluation and recommendation of BMPs, field monitoring, training including QISP training, interpretation of analytical results, structural BMP inspection program development, statewide Trash Amendments implementation, and grant funding support. Mr. Smith currently manages compliance projects for several of the largest municipalities in Orange County and industrial facilities such as John Wayne Airport.

SUMMARY OF RELEVANT EXPERIENCE (CHRONOLOGICAL ORDER)
Port of Long Beach, Construction NPDES Program Support, Long Beach, CA: Technical Lead. (2015 – Present). Mr. Smith assisted the Port of Long Beach with construction document revisions and risk calculations to comply with California’s Construction General Permit. Mr. Smith developed procedures to properly calculate risk for all construction sites at the Port of Long Beach and utilized the procedure to calculate risk for four active constructions sites lowering the risk level for three of four sites. Mr. Smith has also assisted with revisions and development of SWPPPs as a Qualified SWPPP Developer (QSD) for construction projects at the Port of Long Beach.

City of Anaheim, Municipal NPDES Program, Anaheim, CA: Project Manager. (2003 – Present). Mr. Smith is the Project Manager for the City of Anaheim NPDES compliance programs. Mr. Smith has assisted with the development and implementation of a comprehensive NPDES compliance inspection program for the City’s existing development, construction, and the significant re-development programs. The existing development program includes inspecting thousands of industrial and commercial facilities to help the City of Anaheim comply with stormwater program obligations. Mr. Smith currently manages this program with the City’s Code Enforcement Department conducting the inspections. Mr. Smith developed a NPDES training program for the City, which is provided annually. Mr.

Smith also assists Public Works Construction with the construction and significant redevelopment programs. Mr. Smith has reviewed WQMPs and SWPPPs, conducted field verifications of structural treatment controls installed, reviewed operation and maintenance of post-construction BMPs, completed construction inspections, and trained construction inspectors. Mr. Smith has also assisted the City with the development of three SPCC plans, all aspects of the City’s MS4 annual report, grant funding reporting requirements, construction support, and is currently managing the development and implementation of the City’s program to comply with the statewide Trash Amendments.

4.6.a
Packet Pg. 177 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services

MICHAEL LOWTHER, IGP TOR, QISP, CPESC

TECHNICAL LEAD (WQMP AND FACILITY BMP INSPECTIONS)

Page 1 of 1 ends

Years with WSP
16 Years total
16 Education
BS, Environmental
Engineering, California
Polytechnic State
University
Licenses/
Certifications
2015 Industrial General
Permit Trainer of
Record/Qualified Industrial
Storm Water Practitioner
(Reg. No. 159)
Certified Professional in
Erosion and Sediment
Control, 6187
Qualified Storm Water
Pollution Prevention Plan
Developer for the Scrap
Metal Permit, Order No.

R8-2012-0012, Certificate
# SMQSD-001
Office location
Costa Mesa
_____________________
Mr. Lowther has 16 years of professional experience evaluating and developing stormwater management programs and providing annual training seminars to comply with the NPDES Industrial General Permit (IGP). He has written and evaluated SWPPPs for a variety of facilities with industrial activities that have included sulphur processing, clay mining, oil field drilling, aerospace manufacturing, automotive dismantling, scrap metal/paper/plastic processing, chemical manufacturers, wineries, paint manufacturers, airports, schools bus maintenance shops, marinas and boatyards. Mr. Lowther has completed several thousands of municipal/industrial/commercial/construction inspections on behalf of municipalities in Orange County to comply with Phase I MS4 permits. He has extensive experience performing post-construction WQMP stormwater treatment control BMP inspections on behalf of municipalities to verify that BMPs are installed and maintained as proposed in the WQMPs. Mr. Lowther also has extensive experience training WSP and municipal personnel to complete industrial, commercial, municipal, construction, and post-construction WQMP inspections.

SUMMARY OF RELEVANT EXPERIENCE (CHRONOLOGICAL ORDER)
City of Santa Ana, Municipal NPDES Program, Santa Ana, CA: Compliance Inspector. (2011- Present). Mr. Lowther has assisted the City of Santa Ana with implementation of an industrial and commercial NPDES inspection program that includes inspections at approximately 1,000 industrial and commercial facilities each year. He has audited facilities for compliance with Santa Ana Regional Water Quality Control Board stormwater requirements including an evaluation of current business practices, potential discharges generated by the facility and recommendations for BMP interim actions. Tasks also included enforcement, as necessary, including writing notices of violation.

City of Anaheim, Municipal NPDES Program, Anaheim, CA: Compliance Inspector. (2003 – Present). Mr. Lowther has served as senior NPDES Compliance Inspector responsible for investigating various NPDES-related complaints and audited facilities at industrial and commercial sites for compliance with Santa Ana Regional Water Quality Control Board stormwater requirements.

Audits included evaluation of current business practices that involved potential discharges generated by the facility and recommendations for BMP interim actions. He has completed hundreds of verification and operation and maintenance inspections of structural treatment control BMPs. Mr. Lowther has provided in-class and in-the field training for code enforcement officers to complete WQMP operation and maintenance inspections of structural treatment control BMPs. Mr. Lowther routinely assists the City with providing simple solutions to correct design issues observed in the field and assists the City with constructionrelated inspections.

4.6.a
Packet Pg. 178 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services

KERI GANNON, PE, QSD

TECHNICAL LEAD (WQMP REVIEW)

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Years with WSP
5 Years total
19 Education
BS, Civil Engineering,
Bucknell University, 2002
Professional
Registrations
PE, Civil, CA, 68877
Licenses/
Certifications
Construction General
Permit Qualified SWPPP
Developer, 22492
Office location
San Diego
_____________________
Ms. Gannon has broad civil engineering and project management experience. She currently provides drainage and stormwater services in the areas of conceptual planning, final design and review for existing and proposed municipal systems.

She is currently working with the Port of Long Beach, the San Diego County Regional Airport Authority, the County of San Diego, and the Navy on a variety of projects that include hydrologic/hydraulic analyses, stormwater conveyance and management design, erosion control design, preparation of plans, specifications, and estimates (PS&E), construction-phase support services and stormwater report review. Her expertise also includes stormwater technical studies, CEQA/NEPA review, and QA/QC reviews.

SUMMARY OF RELEVANT EXPERIENCE (CHRONOLOGICAL ORDER)
San Diego Regional Airport Authority, Water Quality Equivalency Credit Trading Document, San Diego, CA: Technical Lead. (2021- Present). Ms.

Gannon led development a Water Quality Equivalency (WQE) Credit Trading Framework for the San Diego County Regional Airport Authority (SDCRAA) with the purpose of providing a framework for implementing water quality credit trading at San Diego International Airport (SAN). This Framework relies on the previously developed SDCRAA’s BMP Design Manual for Permanent Site Design and the WQE Guidance Document as a basis for outlining the methods that project applicants, and the SDCRAA, can use to bank, track and trade water quality credits for development projects within the SAN jurisdiction. WSP researched other jurisdictional (local and national) guidance on the tracking of water quality credits to complete the development of the Framework, which has been accepted by the San Diego Regional Water Quality Control Board.

City of Anaheim, Trash Full Capture Analysis, Anaheim, CA: Senior Engineer. (2021- Present). Ms. Gannon was the senior engineer responsible for the peer review of the design of three continuous deflective separation (CDS) units to meet the current trash full capture system requirements. The review entailed a review of the basis of design reports, the project plans, and the CDS unit details to ensure that the new system will meet the requirements.

Multiple Clients, Water Quality Management Plan Document Review, Southern CA: Senior Engineer. (2019 - Present). Ms. Gannon is the senior engineer responsible for providing technical support to the Port of Long Beach and the City of San Juan Capistrano to review the stormwater reports developed for redevelopment and development projects occurring within their jurisdiction. The reports are reviewed according to the clients’ specific requirements in compliance with NPDES MS4 Permits. WSP prepares comments on the report and works with the report preparer to make sure the reports and project designs meet MS4 permit requirements.

4.6.a
Packet Pg. 179 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services

LIST OF PREVIOUS AND CURRENT CLIENTS

PROJECTS RELEVANT TO NPDES PROGRAM MANAGEMENT AND

INSPECTION SERVICES

Page 1 of 1 ends

City of San Juan Capistrano, Public Works Department, San Juan Capistrano, CA (current)
City of Dana Point, Public Works Department, Dana Point CA (current) City of Garden Grove, Public Works Department, Garden Grove CA (current) City of Fountain Valley, Public Works Department, Fountain Valley CA (current) City of Laguna Niguel, Public Works Department, Laguna Niguel CA (current) City of San Diego, Storm Water Division, San Diego CA (current)* City of Newark, Public Works Department, Newark CA (current)* City of Oakland, Public Works Department, Oakland CA (current)* City of Berkeley, Public Works Department, Berkeley CA (current)* City of Mountain View, Mountain View CA (current)*
City of Anaheim, Public Works Department, Anaheim CA (current) City of Santa Ana, Public Works Administration, Santa Ana CA (current) City of Irvine, Public Works Department, Irvine CA (current) City of Costa Mesa, Public Works Department, Costa Mesa CA (current) City of Encinitas, Encinitas CA (current)*
City of Imperial Beach, Public Works Department, Imperial Beach CA (current)*
County of Orange, Orange County Public Works, Santa Ana CA (current) County of San Diego, Department of Public Works, San Diego CA (current)* John Wayne Airport, Santa Ana CA (current)
San Diego County Regional Airport Authority, San Diego CA (current)* Port of Long Beach, Long Beach CA (current)*
Port of Los Angeles, Long Beach CA (current)*
Port of San Diego, San Diego CA (current)*
California Department of Transportation, Sacramento CA (current) City of San Clemente, Utilities Department, San Clemente CA (previous) City of Laguna Beach, Water Quality Department, Laguna Beach CA (previous) County of Ventura, Public Works Department, Ventura CA (previous) State of California, SWAMP Region 9, San Diego CA (previous) *Current and previous clients includes WSP Project Managers and staff members not included in proposal.

4.6.a
Packet Pg. 180 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Fee Proposal
City of Laguna Hills
NPDES Program Management and Inspection Services
March 21, 2023
Joe Ames
Public Works Director
24305 El Toro Road
Laguna Hills, CA 92653
Table of Contents

4.6.a
Packet Pg. 181 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Table of Contents
A. Cover Letter ....................................................................................................................................................................................2 B. Proposed Project Budget ..................................................................................................................................................... 4 C. Fee Schedule................................................................................................................................................................................. 8

4.6.a
Packet Pg. 182 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Cover Letter | Section 1
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 2 A. Cover Letter
March 21, 2023
Joe Ames, Public Works Director
City of Laguna Hills
24305 El Toro Road
Laguna Hills, CA 92653
Subject: Fee Proposal for NPDES Program Management and Inspection Services Dear Mr. Ames,
WSP USA Environment & Infrastructure, Inc. (WSP) would like to thank you for the opportunity to submit a proposal for NPDES Program Management and Inspection Services for the City of Laguna Hills.

The attachment to this cover letter provides a summary of WSP’s qualifications to provide the services outlined in the RFP. We have successfully delivered similar projects for many other Orange County cities and are an active participant in the Orange County Stormwater Program helping to guide countywide efforts to comply with NPDES requirements.

From commercial/industrial inspection services, to Water Quality Management Plan (WQMP) review and post-construction BMP inspections, to statewide Trash Amendments compliance plan development and OCTA M2 Tier 1 grants acquisition, to water pollution response and source investigations we have
implemented all aspects of local agency stormwater programs and have experience with program implementation under both the Santa Ana and San Diego Region Phase I Municipal Separate Storm Sewer System (MS4) permits.

WSP is a global leader in consulting and engineering across the energy and built environment. We provide consulting, projects, and operations solutions in more than 60 countries, and employ approximately 40,000 people. WSP’s southern California offices are staffed by more than 400 professional planners, biologists, and scientists. Our Costa Mesa, CA office is only 15 miles from Laguna Hills City Hall and has been designated as the project management location for this contract.

The proposed key team members, as well as numerous other staff members within our organization will be immediately available to perform the described program management and inspection services.

Theodore (Ted) W. Von Bitner, who will serve as the Principal-in-Charge, and Kacen Clapper, proposed Project Manager, are authorized to negotiate a binding contract on behalf of WSP and the parties named in this proposal. Our corporate office and local addresses and the primary point of contact during the evaluation process are listed in Table 1.

The WSP Team Advantage:
✓ Local team with decades of
experience led by a proven
Project Manager
✓ Environmental compliance is our
core capability
✓ Decades of successful on-call
contract service history
✓ Proven methodology
✓ Commitment to QA/QC
✓ Knowledge of local environment
3560 Hyland Avenue
(949) 642-0245
wsp.com

4.6.a
Packet Pg. 183
Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Cover Letter | Section 1
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 3 Table 1 – WSP Contact Information
Legal Name & Corporate Office Main Point of Contact
WSP USA Environment & Infrastructure, Inc.
1075 Big Shanty Road NW, Suite 100,
Kennesaw, GA 30144
Kacen Clapper, Project Manager
3560 Hyland Avenue, Suite 100,
Costa Mesa, CA 92626
Direct: 714-624-2722
[email protected]

PROFESSIONAL SERVICES AGREEMENT STATEMENT & ADDENDUM ACKNOWLEDGEMENT WSP declares that we have reviewed and are ready to execute the City’s standard form Professional Services Agreement (Attachment 4) and acknowledge receipt of all RFP addenda.

MAIN POINT OF CONTACT
Should you have any questions regarding either the scope of work or our fee schedule, Kacen Clapper will be your primary point of contact. Correspondence can be sent to him at our address listed below or he may be contacted at (714) 624-2722 or at his email address is [email protected].

Sincerely,
WSP USA Environment & Infrastructure, Inc.

Theodore Von Bitner, PhD Kacen Clapper, CPSWQ
Principal-In-Charge Project Manager

4.6.a
Packet Pg. 184 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Cover Letter | Section 1
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 4 B. Proposed Project Budget
This section presents our estimated costs to perform the scope of services based on experience with similar work for other clients, incorporating the assumptions described by the City in the RFP, and based on our proposed rate schedule presented in section C. Our costs estimate is negotiable and can be revised at the opportunity to clarify the specific assumptions outlined in the RFP.

Our approach to providing NPDES Program Management and Inspection Services to the City is based on the following service areas:

Task 1. Program Administration
Task 2. Compliance Planning
Task 3. Program Funding
Task 4. Training
Task 5. Capital Projects and Programs
Task 6. Planning and Land Development
Task 7. Construction
Task 8. Industrial/Commercial and Municipal Facility Inspections Task 9. Investigations
Task 10. Public Outreach
Task 11. Reporting and Record Keeping
Tables 1, 2, 3 lists the task specific costs and estimated hours to perform the scope of work.

4.6.a
Packet Pg. 185 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Cover Letter | Section 1
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 5 Table 1. Year 1 Costs to Provide NPDES Program Management and Inspection Services to the City of Laguna Hills.

Classification Name(s) Rate
Hours by Task Number Total
Hours
Total
1 2 3 4 5 6 7 8 9 10 11 Cost
Principle Matt Rich $310 2 0 0 0 0 0 0 0 0 0 0 2 $620
Senior Associate
Theodore Von
Bitner,
Brent Smith
$250
12 6 2 2 0 2 0 0 0 0
0 24 $6,000
Associate/Project
Manager
Michael Lowther,
Lijun Xu, Kacen
Clapper
$200
80 65 6 14 18 8 8 17 40 20
33 309 $61,800
Senior 2/ Project
Manager Keri Gannon $180
0 0 0 0 0 59 0 0 0 0
0 59 $10,620
Senior 1
Sarah Seifert,
Kimberly Henry,
Tomas Marquez
$170
0 25 0 0 0 0 0 0 0 0
60 85 $14,450
Professional Staff 3
Dylan Cawthorne,
Bryan Shiang, Ellen
Smith,
Tom Perry
$150
0 0 10 0 6 90 103 170 0 6
126 511 $76,650
Professional Staff 2 $130 0 0 0 0 0 0 0 0 0 0 0 0 $0
Professional Staff 1 $120 0 0 0 0 0 0 0 0 0 0 0 0 $0
Senior Technician $120 0 0 0 0 0 0 0 0 0 0 0 0 $0
Field Technician $100 0 0 0 0 0 0 0 0 0 0 0 0 $0
Senior Project/
Controller/
Coordinator
0 0 0 0 0 0 0 0 0 0
0 0 $0
Project Controls
Analyst
Bernadette Roberts,
Sarah Gerry $110 27 0 0 0 0 0 0 0 0 0
0 27 $2,970
Project Support $100 0 0 0 0 0 0 0 0 0 0 0 0 $0
Technical Writer $135 0 0 0 0 0 0 0 0 0 0 0 0 $0
Mileage (IRS Rate)
and Materials $235.80 $0.00 $0.00 $0.00 $78.60 $589.50 $884.25 $314.40 $209.60 $558.95 $0.00 $2,871 Task Specific and Overall Costs $22,826 $18,750 $3,200 $3,300 $4,579 $26,810 $17,934 $29,214 $8,210 $5,459 $35,700 1017 $175,981 NA = Not Applicable

4.6.a
Packet Pg. 186 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Cover Letter | Section 1
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 6 Table 2. Year 2 Costs to Provide NPDES Program Management and Inspection Services to the City of Laguna Hills.

Classification Name(s) Rate
Hours by Task Number Total
Hours
Total
1 2 3 4 5 6 7 8 9 10 11 Cost
Principle Matt Rich $310 2 0 0 0 0 0 0 0 0 0 0 2 $620
Senior Associate
Theodore Von
Bitner,
Brent Smith
$250 12 6 2 2 0 2 0 0 0 0 0 24 $6,000
Associate/Project
Manager
Michael Lowther,
Lijun Xu, Kacen
Clapper
$200 80 65 6 14 18 8 8 17 40 20 32 308 $61,600
Senior 2/ Project
Manager Keri Gannon $180 0 0 0 0 0 59 0 0 0 0 0 59 $10,620 Senior 1
Sarah Seifert,
Kimberly Henry,
Tomas Marquez
$170 0 25 0 0 0 0 0 0 0 0 42 67 $11,390
Professional Staff 3
Dylan Cawthorne,
Bryan Shiang,
Ellen Smith,
Tom Perry
$150 0 0 10 0 6 90 103 170 0 6 141 526 $78,900
Professional Staff 2 $130 0 0 0 0 0 0 0 0 0 0 0 0 $0
Professional Staff 1 $120 0 0 0 0 0 0 0 0 0 0 0 0 $0
Senior Technician $120 0 0 0 0 0 0 0 0 0 0 0 0 $0
Field Technician $100 0 0 0 0 0 0 0 0 0 0 0 0 $0
Senior Project
Controller/
Coordinator
$150 0 0 0 0 0 0 0 0 0 0 0 0 $0
Project Controls
Analyst
Bernadette
Roberts,
Sarah Gerry
$110 27 0 0 0 0 0 0 0 0 0 0 27 $2,970
Project Support $100 0 0 0 0 0 0 0 0 0 0 0 0 $0
Technical Writer $135 0 0 0 0 0 0 0 0 0 0 0 0 $0
Mileage (IRS Rate)
and Materials $235.80 $0.00 $0.00 $0.00 $78.60 $589.50 $884.25 $314.40 $209.60 $558.95 $0.00 NA $2,871 Task Specific and Overall Costs $22,826 $18,750 $3,200 $3,300 $4,579 $26,810 $17,934 $29,214 $8,210 $5,459 $34,690 1,013 $174,971 NA = Not Applicable

4.6.a
Packet Pg. 187 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Cover Letter | Section 1
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 7 Table 3. Year 3 Costs to Provide NPDES Program Management and Inspection Services to the City of Laguna Hills.

Classification Name(s) Rate
Hours by Task Number Total
Hours
Total
1 2 3 4 5 6 7 8 9 10 11 Cost
Principle Matt Rich $310 2 0 0 0 0 0 0 0 0 0 0 2 $620
Senior Associate
Theodore Von
Bitner,
Brent Smith
$250 12 6 2 2 0 2 0 0 0 0 0 24 $6,000
Associate/Project
Manager
Michael Lowther,
Lijun Xu, Kacen
Clapper
$200 80 65 6 14 18 8 8 17 40 20 32 308 $61,600
Senior 2/ Project
Manager Keri Gannon $180 0 0 0 0 0 59 0 0 0 0 0 59 $10,620 Senior 1
Sarah Seifert,
Kimberly Henry,
Tomas Marquez
$170 0 25 0 0 0 0 0 0 0 0 42 67 $11,390
Professional Staff 3
Dylan Cawthorne,
Bryan Shiang,
Ellen Smith,
Tom Perry
$150 0 0 10 0 6 90 103 170 0 6 141 526 $78,900
Professional Staff 2 $130 0 0 0 0 0 0 0 0 0 0 0 0 $0
Professional Staff 1 $120 0 0 0 0 0 0 0 0 0 0 0 0 $0
Senior Technician $120 0 0 0 0 0 0 0 0 0 0 0 0 $0
Field Technician $100 0 0 0 0 0 0 0 0 0 0 0 0 $0
Senior Project
Controller/
Coordinator
$150 0 0 0 0 0 0 0 0 0 0 0 0 $0
Project Controls
Analyst
Bernadette
Roberts,
Sarah Gerry
$110 27 0 0 0 0 0 0 0 0 0 0 27 $2,970
Project Support $100 0 0 0 0 0 0 0 0 0 0 0 0 $0
Technical Writer $135 0 0 0 0 0 0 0 0 0 0 0 0 $0
Mileage (IRS Rate)
and Materials $235.80 $0.00 $0.00 $0.00 $78.60 $589.50 $884.25 $314.40 $209.60 $558.95 $0.00 NA $2,871 Task Specific and Overall Costs $22,826 $18,750 $3,200 $3,300 $4,579 $26,810 $17,934 $29,214 $8,210 $5,459 $34,690 1013 $174,971 NA = Not Applicable

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Packet Pg. 188 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Cover Letter | Section 1
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 8 C. Fee Schedule
As requested, we have provided an hourly rate fee schedule applicable to our proposed personnel proposed to provide services on City of Laguna Hills projects in a separate sealed envelope.

The Schedule of Charges applies to all services provided by and/or through WSP to the City. The schedule of charges may be revised periodically, as conditions require. These rates will be in effect for the duration of the contract.

WSP is an Equal Opportunity/Affirmative Action Employer, and as such adheres to all applicable federal, state, and local laws and regulations in this regard.

Labor
Labor charges are for technical work, including technical typing, editing, and graphics involved in the preparation of reports and correspondence and for the time associated with production of such documents. Direct charges are not made for secretarial service, office management, accounting, and maintenance, because these items are included in overhead. Labor category charge rates for WSP are listed below. Regional and other factors may influence rates charged for certain individuals. Rates for individuals will be provided on request.

LABOR CATEGORY HOURLY RATE
Principal Engineer/Scientist $310
Senior Associate Engineer/Scientist $250
Associate Project Manager/Engineer/Scientist $200
Senior 2/Engineer / Scientist $180
Senior 1/Engineer/Scientist $170
Staff 3 Engineer / Scientist $150
Staff 2 Engineer / Scientist $130
Staff 1 Engineer / Scientist $120
Senior Technician $120
Field Technician $100
Senior Project Controller/Coordinator $150
Project Controls Analyst $110
Project Support $100
Technical Writer $135
The hourly labor rates set forth are valid effective January 1, 2023.

Time spent in travel in the interest of the client will be charged at hourly rates, except that no more than 8 hours of travel time will be charged in any day. When it is necessary for an employee to be away from the office overnight, actual costs, or a negotiated rate, will be charged for living expenses. Employee

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Packet Pg. 189 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services Cover Letter | Section 1
City of Laguna Hills | NPDES Program Management and Inspection Services Page | 9 expenses will be charged at cost. Mileage for travel expenses will not be charged to the City. Other expenses are listed below.

Charges for expert witness services will be at the hourly rates shown. However, for depositions and for court appearances, the rate is twice the amount shown. There will be a 4-hour minimum per-day charge for depositions and an 8-hour minimum per-day charge for court appearances. Special accounting services will be billed at the Support Staff rate.

Direct Costs and Subcontracted Services
The following represents typical billing rates for expense not directly related to hourly fees, including reprographic services.

Outside Services
Outside services will be charged at cost multiplied by 1.05. Common outside items include:
subconsultants, drilling services, laboratory testing, equipment and vehicle rental, printing and photographic work, postage and shipping, conference calls, travel, and transportation.

Reimbursables
Non-routine Photocopies.................................................................................................................................................... $0.12/sheet Specialized Computer Application ............................................................................................................................$25.00/hour1 On-request Invoices
Invoices will be rendered at least monthly, either as a final or partial billing, and will be payable upon receipt. An additional payment charge of 1 1/2% per month or the maximum charge allowed by law, whichever is less, will be payable on accounts not paid within 30 days from billing date.

Other Expenses
Special equipment or supplies, permits, shipping charges, special printing, or other items not customarily provided by WSP, will be charged at our cost multiplied by 1.05. The use of company-owned specialized equipment required by a project not listed above will be quoted separately to the City prior to the work and charged at an hourly rate or daily rate. 1 Does not include commercially available software programs such as ArcGIS, ArcPro for GIS, Microsoft Office products, etc.

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Packet Pg. 190 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services EXHIBIT "B"

CITY OF LAGUNA HILLS

SCOPE OF SERVICES
FOR

NPDES PROGRAM MANAGEMENT AND INSPECTION SERVICES

REQUEST FOR PROPOSALS (RFP)

NPDES PROGRAM MANAGEMENT AND INSPECTION SERVICES

SCOPE OF SERVICES DESCRIPTION
(4-PAGES)
1771062.1

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Packet Pg. 191 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services 1407008.1

REQUEST FOR PROPOSALS (RFP)

NPDES PROGRAM MANAGEMENT AND INSPECTION SERVICES

CITY OF LAGUNA HILLS
24035 El Toro Road
Laguna Hills, CA 92653
(949) 707-2651
RFP Dates
Request for Proposal Issued: February 8, 2023
Written Question Deadline: March 8, 2023 @ 5:00 p.m.

Questions Answered/Addenda Issued: March 14, 2023
Proposal Submittal Deadline: March 21, 2023 @ 4:00 p.m.

Interviews to be held on: TBD
Proposed Effective Date of Professional
Services Agreement: May 1, 2023

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Table of Contents
SECTION I - INTRODUCTION AND INSTRUCTIONS TO PROPOSERS Page 4 A. Introduction
B. Proposed Time Schedule
C. Instructions to Proposers and Procedures for Submittal D. General Conditions
SECTION II - PROPOSAL RESPONSE REQUIREMENTS Page 11
A. Cover Letter
B. Company Data
C. Resumes and Qualifications of Personnel
D. Organizational Chart
E. References
F. Project Understanding, Overview and Approach
G. Communication Plan
H. Compensation/Payment Schedule
I. Certificate of Insurance
J. Certification of Proposal
SECTION III - PROPOSAL EVALUATION AND SELECTION Page 16 SECTION IV - SCOPE OF SERVICES Page 17
SECTION V – SCHEDULE OF COMPENSATION/FEES Page 21
ATTACHMENT 1 – Page 23

NON-COLLUSION AFFIDAVIT
ATTACHMENT 2 – Page 24
CONSULTANT’S ACKNOWLEDGEMENT OF COMPLIANCE WITH

INSURANCE REQUIREMENTS
ATTACHMENT 3 – Page 25

CERTIFICATION OF PROPOSAL TO THE CITY OF LAGUNA HILLS
ATTACHMENT 4 – Page 27

SAMPLE PROFESSIONAL SERVICES AGREEMENT

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February 8, 2023
SUBJECT: REQUEST FOR PROPOSALS FOR NPDES PROGRAM MANAGEMENT AND

INSPECTION SERVICES
Dear Proposers:

You are invited to respond to this Request for Proposal to provide on-call NPDES Program Management and Inspection Services to the City of Laguna Hills. The following pages detail the Scope of Services to be provided and the submission requirements. The City intends to enter into an exclusive multi-year Professional Services Agreement to fulfill the City’s needs.

To be considered responsive, proposers must submit a written proposal in accordance with the requirements, specifications, conditions and provisions described in the attached RFP.

PROPOSALS ARE DUE BEFORE
4:00 P.M. on March 21, 2023
If you have any questions regarding this RFP, please contact me at (949) 707-2651 or via email at [email protected]. Thank you for your interest.

Sincerely,
Joe Ames, P.E., T.E.

Public Works Director/City Engineer

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SECTION I

INTRODUCTION AND INSTRUCTIONS TO PROPOSERS
A: Introduction and Overview
The City of Laguna Hills is requesting proposals from qualified professional environmental consultant firm to provide services for managing the City’s National Pollutant Elimination Systems (NPDES) Program. The initial term of the agreement will be for three years starting May 1, 2023, with an option to extend for another two years. Should an award be made, the selected Proposer will enter into a professional services agreement with the City of Laguna Hills.

Currently, the overall responsibility for day-to-day compliance with the City’s NPDES Program is assigned to a City staff engineering position and is overseen by the Public Works Director. The portion of the City north of El Toro Road is regulated by the Santa Ana Regional Water Quality Control Board under its Municipal Separate Storm Sewer System (MS4) Permit, while the portion south of El Toro Road is regulated by the San Diego Regional Water Quality Control Board under its MS4 Permit.

The City lies within three watersheds: the Newport Bay watershed (Santa Ana RWQCB), the Aliso Creek watershed (San Diego RWQCB), and the San Juan Creek watershed (San Diego RWQCB). Because the City must meet the regulatory requirements of both the Santa Ana and San Diego Regional Water Quality Control Boards, and due to ever increasingly complex and more stringent reporting, programmatic, and inspection requirements, the City desires a consultant to provide part-time “NPDES Program Manager” services to provide oversight of the Program, and to provide technical expertise to assist City staff in complying with the NPDES MS4 Permits. Both the Santa Ana and San Diego RWQCBs are in the process of renewing the existing NPDES Permits. The City anticipates the Santa Ana RWQCB will honor a request from the City to allow the San Diego RWQCB to exclusively regulate the programmatic elements of the City’s NPDES Program when the new MS4 Permits are adopted; however, even if the San Diego RWQCB agrees to this regulatory arrangement, it is anticipated the City of Laguna Hills will still be responsible for complying with Water Quality Based Effluent Limitations (WQBELSs) and Total Maximum Daily Load (TMDL) requirements promulgated by the Santa Ana RWQCB for the Newport Bay watershed.

It is anticipated the selected consultant will support the City with a combination of meetings, both in-house and field, along with satellite services. The Department anticipates the work can be accomplished within 16 hours per week with the selected provider. All work performed by the selected provider shall be invoiced on an hourly basis. This allows the Department to contract for more complex expertise than is currently available with in-house staff.

B: Proposed Schedule
The proposed schedule is listed on the cover page of this RFP.

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C: Instructions to Proposers and Procedures for Submittal One printed original (marked original), two (2) printed copies (marked copy) and one (1) electronic copy on Flash Drive (will not be returned) and one sealed envelope containing the Fee Proposal must be submitted in a sealed envelope or box bearing the name of the Proposer, marked RFP NPDES PROGRAM MANAGEMENT AND INSPECTION SERVICES and submitted only to the following address:

City of Laguna Hills
Attention: Joe Ames, Public Works Director
24035 El Toro Road
Laguna Hills, CA 92653
Proposers are solely responsible for ensuring their submitted proposal is received by the City in accordance with the solicitation requirements, before the Submittal Deadline, and at the place specified. Postmarks will not be accepted in lieu of actual delivery. No oral, telegraphic, electronic mail, facsimile, or telephonic proposals or modifications will be considered unless specified. The City shall not be responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Delivery of proposals shall be made at the office specified in this Request for Proposals. Deliveries made before the Submittal Deadline, but to the wrong City office, will be considered nonresponsive unless re-delivery is made to the office specified before the Submittal Deadline. All proposals shall become the property of the City. Late proposals will not be accepted and will be returned to the Proposer unopened.

D: General Conditions
ADDITIONAL INFORMATION, RIGHT TO REQUEST. The City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from proposers during its review and evaluation of proposals submitted for consideration.

ADDITIONAL SERVICES. The Scope of Work describes the minimum work to be accomplished. Upon final selection of the firm, the Scope of Work may be modified and refined during negotiations with the City.

AUTHORIZED SIGNATURES. Every proposal must be signed by the person or persons legally authorized to bind the Proposer to a contract for the execution of the work.

Proposer shall provide a current power of attorney, articles of incorporation, or other instrument confirming the agent’s authority to bind the Proposer. If an individual makes the proposal, his or her name, signature, and post office address must be shown. If a firm or partnership makes the proposal, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be shown. If a corporation makes the proposal, the proposal shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the

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corporation and the title of the person signing on behalf of the corporation. Upon request of the City, the corporation shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the proposal to execute contracts on behalf of the corporation.

AWARD OF PROPOSAL. City reserves the right to negotiate final terms with the selected Proposer, if any. Award of contract, if any, will be made in accordance with Section 3-

08.150 (Professional services contracts) of the Laguna Hills Municipal Code (LHMC) which reads in relevant part as follows:
“A. The informal and formal bidding procedures contained in this chapter shall not apply to contracts for professional services. Rather, to secure professional services, the city shall utilize a request for proposals procedure, the method and details of which shall be promulgated by the City Manager in the form of administrative regulations. The City Manager may award any contract for professional services when the total not to exceed contract amount of such services is fifty thousand dollars ($50,000.00) or less. Any contract for professional services having a total contract amount of greater than fifty thousand dollars ($50,000.00) shall be awarded by the City Council….

C. Notwithstanding any provision in this chapter to the contrary, selection by the city for professional services in areas including but not limited to private architectural, landscape architectural, engineering, environmental, land surveying, construction project management, management and administration, financial, accounting, auditing, actuarial, economics, and/or development and planning, which involve the exercise of discretion and independent judgment together with an advanced or specialized knowledge, expertise, training, or unique skills gained by formal studies or experience, shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required, and shall not be awarded solely on the basis of cost…. In accordance with state law, the city shall consider price after the city is satisfied that the would-be person, company, corporation, contractor, consultant, or firm has demonstrated the competence and professional qualifications necessary for the satisfactory performance of the services required.” An Evaluation Committee will be established by the City. The City shall not be obligated to accept the lowest priced proposal but, if an award is made, the City will make an award in the best interests of the City after all factors are considered, including but not limited to the demonstrated competence, experience and professional qualifications of the Proposer. Discussions may, at the City's option, be conducted with the most qualified proposers. Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of proposals. In conducting discussions, the City will not disclose information derived from proposals submitted by competing proposers.

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COMPLIANCE WITH LAWS. All proposals shall comply with current federal, state, and other laws relative thereto.

CANCELLATION OF SOLICITATION. The City may cancel this solicitation for proposals at any time.

CANCELLATION OF TASKS. If a professional services agreement is awarded for the work described in this RFP, the City will authorize work on a Task Order basis. Task Orders may be issued in any sequence. The City is not obligated to issue a Task Order for all tasks listed in the Scope of Work and expressly reserves the right to cancel tasks.

CONFLICT OF INTEREST. By signing the Certification of Proposal (Attachment 3) and submitting a proposal to the City in response to this Request for Proposals, the Proposer represents and certifies that:

A) No elected or appointed official, officer, or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or for any work connected with this proposal; should any agreement be approved in connection with this Request for Proposals (“Agreement”) no elected or appointed official, officer, or employee of the City, during the term of his/her service with the City, shall have any direct or indirect financial interest in the Agreement, or obtain any present, anticipated, or future financial interest or other material benefit arising therefrom;
B) No elected or appointed official, officer, or employee of the City shall have any financial interest, direct or indirect, in the Agreement nor shall any such official, officer, or employee participate in any decision relating to the Agreement which effects his/her personal financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of state law; C) The Proposer and its principals do not have now, nor shall it acquire any financial or business interest that would conflict with the performance of services under the Agreement;
COSTS. The City is not liable for any costs incurred by proposers before entering into a formal contract. Costs of developing the proposals, or any other such expenses incurred by the Proposer in responding to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. No reimbursable cost may be incurred in anticipation of award.

DISQUALIFICATION OF PROPOSER. If there is reason to believe that collusion exists among the proposers, the City may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. Reasonable grounds for believing that any Proposer is interested

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in more than one proposal for the same work will cause the rejection of all proposals for the work in which a Proposer is interested. If there is reason to believe that collusion exists among Proposers, the City May refuse to consider proposals from participants in such collusion. Proposers shall submit as part of their proposal documents the completed NonCollusion Affidavit provided as Attachment 1.

DOCUMENTS, EXAMINATION OF. It is the responsibility of the Proposer to carefully and thoroughly examine and be familiar with these RFP documents, general conditions, all forms, specifications, drawings, plans, and addenda (if any). Proposer shall satisfy himself as to the character, quantity, and quality of work to be performed and materials, labor, supervision, necessary to perform the work as specified by these documents. The failure or neglect of the Proposer to examine documents shall in no way relieve him from any obligations with respect to the solicitation and/or subsequent contract that may be awarded. The submission of a proposal shall constitute an acknowledgment upon which the City may rely that the Proposer has thoroughly examined and is familiar with the RFP documents. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document.

INTERPRETATION OF RFP DOCUMENTS. City reserves the right to make corrections or clarifications of the information provided in this RFP. If any person is in doubt as to the true meaning of any part of the specifications or other RFP documents, or finds discrepancies or omissions in the specifications, he or she may submit to the City a written request for an interpretation or correction.

Oral statement(s), interpretations or clarifications concerning meaning or intent of the contents of this RFP by any person are unauthorized and invalid. Modifications to the RFP, including, but not limited to, the scope of work, shall be made only by formal written addendum issued by the City. Accordingly, in order to ensure that all proposers have access to the same information, the City will use the following procedure to respond to inquiries:
• All questions or requests for interpretations shall be made in writing and delivered to Joe Ames, City of Laguna Hills, 24035 El Toro Road, Laguna Hills, CA 92653, or via email at [email protected] by the date specified on the cover page of this RFP.
• Staff will issue, as needed, addenda to the RFP, including a list of all written questions received and responses thereto, on the City’s website and via email to the RFP distribution list, and all proposers who have advised the City that they have a set of RFP documents, by the date specified on the cover page of this RFP.

The requesting party is responsible for prompt delivery of any requests. All such addenda shall become a part of the RFP document. It is the responsibility of each Proposer to ensure the City has their correct business name and address on file. Any prospective

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Proposer who obtained a set of RFP documents is responsible for advising the City that they have a set of RFP documents and wish to receive subsequent Addenda.

IRREGULARITIES. Unauthorized conditions, limitations, or provisions attached to a proposal may cause its rejection. The completed proposal shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification or withdrawal will be considered.

NON-DISCRIMINATION. Proposer shall represent and certify that it does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy related conditions, political affiliation or opinion, age or medical condition.

NON-EXCLUSIVE. Should the City make an award, the successful Proposer will enter into a non-exclusive professional services agreement and the City reserves the right to enter into agreements with other firms or consultants for the services listed in this RFP.

NO OBLIGATION. The release of this RFP does not obligate or compel the City to enter into a contract or agreement.

NO PUBLIC PROPOSAL OPENING/PUBLIC RECORDS ACT. Proposals shall be opened and their contents secured by City staff to prevent disclosure during the evaluative process and the process of negotiating with competing proposers. Adequate precautions shall be taken to treat each Proposer fairly and to ensure that information gleaned from competing proposals is not disclosed to other proposers. Prices and other information concerning the proposals shall not be disclosed until finalists are selected to present proposals to the City Council or a recommendation for award is made to the City Council, whichever comes first.

OFFERS OF MORE THAN ONE PRICE. Proposers are not allowed to submit more than one proposal.

OWNERSHIP. All data, documents and other products used or developed during the RFP process become the property of the City upon submission.

PROPRIETARY INFORMATION. All proposals and documents submitted in response to this RFP shall become the property of the City and a matter of public record pursuant to Government Code sections 6250 et seq. It is the responsibility of each Proposer to clearly identify any and all information contained within the proposal that it considers to be confidential and/or proprietary. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible; all other information will be considered public. In the event that a demand for disclosure of information designated

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as "confidential and/or proprietary" by a Proposer is made, the City will notify the Proposer in writing of such demand and shall furnish a copy of the City's written response to the requestor. Proposer may then pursue, at its sole cost and expense, any and all appropriate legal action necessary to maintain the confidentiality of such information.

REJECTION OF PROPOSAL. The City reserves the right to reject any or all proposals or any part of a proposal. The City reserves the right to reject the proposal of any Proposer who previously failed to perform adequately for the City or any other governmental agency. The City expressly reserves the right to reject the proposal of any Proposer who is in default on the payment of taxes, licenses or other monies due the City.

REPRESENTATIONS. Proposer understands and acknowledges that the representations made in their submitted proposal are material and important, and will be relied on by the City in evaluation of the proposal. Proposer misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the proposal.

RFP PART OF AGREEMENT. Should an agreement be awarded, this Request for Proposals and Scope of Services and all conditions may become part of the Agreement between the City of Laguna Hills and the successful Proposer.

SEVERABILITY. If any provisions or portion of any provision of this Request for Proposals are held invalid, illegal or unenforceable, they shall be severed from the Request for Proposals and the remaining provisions shall be valid and enforceable.

VALIDITY. Proposal must be valid for a period of 180 days from the due date and may be extended by written authorization from the Proposer.

WITHDRAWAL OF PROPOSAL. Proposers’ authorized representative may withdraw proposals only by written request received by the City’s project manager before the Proposal Submittal Deadline.

End of Section, continued to next page.

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SECTION II

PROPOSAL RESPONSE REQUIREMENTS
One printed original (marked original), two (2) printed copies (marked copy) and one (1) electronic copy on Flash Drive (will not be returned) and one (1) sealed envelope containing the Fee Proposal must be submitted in a sealed envelope or box bearing the name of the Proposer, marked RFP NPDES PROGRAM MANAGEMENT AND INSPECTION SERVICES and submitted only to the following address:

City of Laguna Hills
Attention: Joe Ames, Public Works Director
24035 El Toro Road
Laguna Hills, CA 92653
If discrepancies are found between the copies, or between the original and copy or copies, the “ORIGINAL” will provide the basis for resolving such discrepancies. If one document is not clearly marked “ORIGINAL", the City reserves the right to use any of the proposals as the Original. If no document can be identified as an original bearing original signatures, Proposer's proposal may be rejected at the discretion of the City.

It is imperative that all Proposers responding to the RFP comply exactly and completely with the instructions set forth herein. Proposals must be concise, but with sufficient detail to allow accurate evaluation and comparative analysis. Proposals should be straightforward and provide "layman" explanations of technical terms that are used.

Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer.

Limit the Proposal to 30 pages (not including City required forms).

All proposals shall be submitted on standard 8.5” by 11” paper and secured in binder clips only (no notebooks or covers to be submitted). Font shall be no less than 10 point. All pages should be numbered and identified sequentially by section matching the format of this RFP. Response items must be indexed in the following order with individual tabs:

A. Cover Letter:

Proposal must be accompanied by a cover letter, signed by an individual authorized to bind the proposing entity. An unsigned proposal is grounds for rejection. The cover letter should include an introduction of the firm and summary statement of professional qualifications.

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B. Company Data:

Please submit the following information for the Proposer:

1. Official name and address.

2. Name, address, and telephone number of the Proposer’s primary point of contact.

3. Indicate what type of entity (corporation, company, joint venture etc). Please enclose a copy of the Joint Venture Agreement if entity is a joint venture.

4. Federal Employer I.D. Number.

5. The address, telephone numbers and authorized email addresses of each of your firm’s locations.

6. A detailed statement indicating whether Proposer is totally or partially owned by another business organization or individual.

7. Number of years Proposer has been in business under the present business name.

8. Number of years of experience the Proposer has had in providing required, equivalent, or related services.

9. All comparable contracts entered into during the last five (5) years, completed or not. Please indicate:
 Year started and completed
 Proposer’s Scope of Work
 Client or Agency Name
 Project Description
 Project Manager
 Developer of project
 Cost of construction, if any
 Size of project

10.Any failures or refusals to complete a contract and explanation.

11.Individuals/Firms who own an interest of 10% or greater in the proposing firm.

12.Financial interests in other lines of business.

13.Litigation/Adverse Judgement History. Provide a list of all litigation (including all complaints or responses to complaints) filed against the Proposer and any proposed Principal/Project Manager within the last 5 years only, related to performance of a professional services agreement or participation on a project.

Provide the date that the complaint was filed, the name of the plaintiff(s), the nature of the litigation and list the causes of action set forth in the complaint, the amount of damages and relief asserted, the project name, describe the role of the Proposer and any proposed Principal/Project Manager in the project, provide the names of the parties involved, status of the case, and a summary of the dispute resolution and/or outcome (including current status for any unresolved litigation) (e.g., trial/judgement, arbitration/mediation, settlement, etc.).

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14.Termination of Contract “For Cause” History. Describe the conditions or circumstances surrounding any professional services agreement or other services contract (or portion thereof) entered into by the Proposer and any proposed Principal/Project Manager within the last 5 years only that was terminated for cause or which required completion by another party. Describe the reasons for termination, the reasons specified by the client/owner for any such termination, whether the Proposer and proposed Principal/Project Manager disputed the client/owner’s position and/or the stated justification for terminating for cause, as well as the dispute resolution and/or outcome of the dispute (including the current status for any unresolved notice of termination for cause).

C. Resumes and Qualifications of Personnel:

The Proposer shall furnish a personnel staffing plan with sufficient information for judging the quality and competence of the personnel dedicated to the project. In its assessment of the proposal, City will place considerable emphasis on the commitment by the Proposer to provide qualified personnel for the professional services being considered. The Proposer shall furnish resumes in outline form for the key personnel assigned and committed to this account (i.e. Principal and/or Project Manager). Proposer shall also include the number and type of additional support personnel who will be providing services.

Minimum Resume Contents:

Name, Position (Include length of time with this firm in the current position and any other positions held within the firm), Education (Show degrees earned and certifications, school and year of completion. Exclude company courses or information that is not relevant to the person’s functional job duties), Summary of Experience (In chronological order, most recent date first, summarize experience as it relates to the proposed Scope of Work. Please include a listing of all projects with a brief description of each. (Additional detail and information may be requested of finalists). Professional Memberships/Registrations/Licensure/Certifications. Separately, please include a complete list of all previous and current clients.

D: Organizational Chart:

Proposer shall include an organizational chart that reflects titles of key staff and management contacts of each individual assigned to provide services under this Proposal. It is the City’s requirement that key personnel identified in the Organizational Chart remain during the term of the agreement. The Proposer shall note concurrence on the restrictions to changes in key personnel. A transition plan shall be presented in this section in the event there are proposed changes in key personnel during the term of the agreement that are outside of the consulting firm’s control or if the City requests such change.

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E: References:

Proposer must provide three (3) references for whom Proposer has provided similar services of the nature and scope as set forth in the RFP within the last five (5) years.

Include name of agency, name of contact person, telephone number of contact person, and description of services provided.

F: Project Understanding, Overview and Approach:
 Understanding: Proposer must clearly demonstrate in this section an understanding of the tasks outlined in Section IV of this Request for Proposals.  Approach: Proposer must include in this section its detailed approach to providing those services described in Section IV of this RFP (including all optional tasks) that the Proposer proposes to provide.
 Proposer must identify the services proposed to be provided in response to the Scope of Services. Proposer must note any services not provided by the Proposer.  Project Management: The City’s Public Works Director will serve as a dedicated project manager that will act as the single point of contact and as the contract officer for these services. Proposals should describe the Proposer’s approach to project management which ensures coordination with the City’s contract officer and a commitment to the project schedule.
 Proposer shall list any resources, City assistance or other items expected to be provided by City in connection with the delivery of these services.  Proposer may additionally itemize those services which are further recommended or optionally provided but are not noted in the aforementioned paragraphs as requirements. Proposer will title this section as ADDITIONAL SERVICES.  Project Controls: Describe the Proposer’s ability to control costs and provide accurate and timely invoices through internal control measures; to monitor and stay within budget; to monitor schedule and review times and describe the techniques used to complete projects within the proposed time frames.  Quality Control/Quality Assurance (QA/QC): Describe the firm’s QA/QC processes that will be adhered to during the term of the agreement. Describe the method of ensuring accuracy and an overall high quality of work.

G: Communication Plan:

Proposer must describe the method(s) of communication and how frequently the firm proposes to keep City staff informed of their progress on any given tasks.

H: Compensation/Payment Schedule:

Proposer is required to submit their cost proposal in the format as outlined in Section V.

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The Compensation shall be submitted in a separate sealed envelope containing the Fee Proposal.

I: Certificate of Insurance:

Proposer shall demonstrate the willingness and ability to submit proof of the required insurance coverage (Attachment 2) set forth in the Sample Draft Professional Services Agreement (Attachment 4) prior to execution of the contract.

J: Certification of Proposal:

Proposer is required to sign and submit the Certification of Proposal in Attachment 3.

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SECTION III

PROPOSAL EVALUATION AND SELECTION
An Evaluation Committee will be established by the City. The Committee may be comprised of City staff or other personnel as determined by the City Manager and will evaluate all proposals received in accordance with Section 3-08.150 of the LHMC. The City reserves the right to establish criteria and weight factors. The City shall not be obligated to accept the lowest priced proposal, but the City will make an award in the best interests of the City after all factors are considered, including, but not limited to, the demonstrated competence, experience and professional qualifications of the Proposer.

Selection of qualified proposers will be based on the following criteria as set forth herein.

Criteria are listed in random sequence and are not considered in any rank or order of importance. The proposal will be evaluated by the Evaluation Committee on the basis of the response to all requirements of this RFP.

1. Experience of the firm, particularly of staff assigned to provide the requested services

2. Demonstrated understanding of the service needs outlined in this RFP

3. Successful delivery of similar services

4. Location of firm and availability of staff assigned to City

5. Quality of references

6. Content, quality, completeness and form of submitted proposal

7. Interviews

8. Proposed cost of services (considered after selection of best qualified firms).

Following evaluation of written proposals, the Committee may hold interviews with the most qualified respondents. The City intends to enter into a multi-year Professional Services Agreement to fulfill the City’s needs.

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SECTION IV

SCOPE OF SERVICES
Services to be Provided:

Consultant shall provide all, or any combination, of the following services to the City of Laguna Hills upon issuance of a Task Order. None of the requested services should be interpreted as requiring any dedicated or continuing on-site staffing by the Consultant.

These services include ensuring that the City’s National Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permit requirements are complied with, including total maximum daily load (TMDL) implementation, water pollution prevention programs, and the City’s stormwater pollution prevention ordinance.

Responsibilities include coordinating the City's NPDES MS4 program, serving as a main liaison with the Santa Ana and San Diego Regional Water Quality Control Boards and the County of Orange, overseeing the City’s NPDES MS4 program, and attend various countywide meetings.

As a courtesy, some items below have estimated time allowances. However, the proposer shall investigate all items and make his/her own estimates of all work items, regardless of estimated time allowances provided, in his/her proposal.

Other specific tasks include, but are not limited to:

1. Program Administration
a. Program updates and correspondence.
• Provide Program status updates and hold update meetings.

Represent the City at various regulatory compliance meetings.

Meetings include but are not limited to: NPDES General
Permittee Meetings, Newport Bay Watershed Meetings, North Orange County Watershed Management Area Management
Committee Meetings, South Orange County Watershed
Management Area Committee Meetings, Local Implementation Plan/Program Effectiveness Assessment Sub-Committee
Meetings, NPDES Legal/Regulatory Advisory Sub- Committee

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Meetings, Trash and Debris Task Force Meeting Public
Education Sub-Committee Meetings, NPDES Technical
Advisory Committee Meetings, NPDES Inspection SubCommittee Meetings, and, as-needed Regional Board Meetings.

For this task, assume three 2-hour meetings per month.
• Act as liaison with various environmentally related resource agencies as it relates to public and private projects within the city. b. Technical assistance. Be aware, train, and update City staff regarding new technologies, changing mandates, regulations, and NPDES items.

Consultant will be knowledgeable of NPDES legislation and recommend implementation of program elements as necessary and required to comply with NPDES regulations.

2. Compliance Planning.
a. Assist with planning, implementing, and reporting for TMDLs and Watershed Plans and for statewide pollutant provisions, including any Newport Bay TMDLs as well as the South Orange County Integrated Regional Water Management Plan and the South Orange County Water Quality Improvement Plan. Assess compliance with TMDLs and Plans as well as statewide pollutant provisions. Recommend compliance actions and assist in their implementation. For this task, assume 8 hours per month.

3. Program Funding
a. Apply for applicable grant funding opportunities. Grant funding opportunities may include but not limited to OCTA M2 Tier 1 Grants. For this task, assume 20 hours of assistance per year.
b. Assist in developing and administering Program fees, budgets, and cost share agreements.

4. Training
a. Hold annual NPDES MS4 training for City staff in-person. b. Obtain proper and pertinent training by attending County-wide training.

County-wide training includes but is not limited to: WQMP and Hydromodification Model Training, Stormwater Program Manager Training, Illegal Discharge and Illicit Connection Training, Commercial/Industrial/Municipal Inspector Training, and PostConstruction Inspection Training. For this task, assume 8 hours of County-wide training per year.

5. Capital Projects and Programs
a. Provide as-needed assistance in selecting, developing, and implementing any NPDES elements of capital projects.
b. Conduct maintenance inspections for City-owned post-construction BMPs.

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For this task, assume 2 inspections per year.
c. Assist City staff in receiving and terminating coverage under the NPDES Construction General Permit and other applicable NPDES permits.

6. Planning and Land Development
a. Review and approve submittals of Water Quality Management Plans (WQMPs), Non-Priority Water Quality Management Plans, Stormwater Pollution Prevention Plans, and Water Pollution Control Plans for City and private development projects. For this task, assume 10 WQMPs, each requiring 3 reviews to approval, for a total of 30 reviews. b. Review/plan check project plans, specifications, and other documents for compliance with storm water regulations.
c. Collaborate and confer with developers, contractors and engineers on water quality issues related to grading plans and encroachment permits. d. Conduct post-construction BMP verification and maintenance inspections.

For this task, assume 15 verification/maintenance inspections per year.

7. Construction. Conduct proactive, routine stormwater quality inspections for construction sites that require NPDES Permit coverage and provide as-needed inspection assistance for construction sites that do not require coverage. Work with public works staff, building inspectors, and code enforcement officers to bring NPDES issues into compliance. For this task, assume 30 inspections, 15 follow-up inspections, and 5 enforcement notices per year.

8. Industrial/Commercial and Municipal Facility Inspections a. Conduct routine stormwater quality inspections for commercial, industrial, and municipal facilities. Work with Public Works staff and the City’s Code Enforcement Officer to bring NPDES issues into compliance. Routine inspections also include following-up for facilities referred to by Orange County Health Care Agency, and Orange County Pollution Prevention Hotline. For this task, assume 70 inspections, 20 follow-up inspections, and 5 enforcement notices per year.
b. Assist as-needed with the implementation of SB-205.

9. Investigations. Respond as needed to emergency spills and properly document the incidents, including illicit connections and illegal discharges. Communicate with appropriate parties to mitigate incidences and maintain tracking system of all complaints, investigations, and correspondence. Work with code enforcement officers to bring NPDES issues into compliance. For this task, assume 4 investigations and 4 follow-up inspections per year.

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10.Public Outreach
a. Provide pollution prevention educational materials for distribution and content for internet-based platforms. For this task, assume $500 in material purchases per year to be reimbursed by the City as part of the consultant’s monthly invoicing.
b. Assist with City community events to promote pollution prevention. For this task, assume 3 events per year with 4 hours per event. c. Update educational materials and content as needed, working with the City’s public information officer consultant and City staff.

11.Reporting and Record Keeping
a. Prepare the NPDES MS4 Annual Reports for the Santa Ana RWQCB and San Diego RWQCB along with providing data to the County of Orange.

This includes but is not limited to: legal authority, illicit discharge detection and elimination program, development planning program, construction management program, existing development and management program, public education and participation program, and fiscal analysis. b. Prepare and submit the City’s quarterly reports for Industrial/Construction NPDES Permit facilities.
c. Manage and update inventories to track NPDES activities. Inventory includes tracking of municipal facilities, commercial facilities, industrial facilities, WQMP projects, post-construction BMP maintenance and verification, and construction sites.
d. Use and populate the Orange County Stormwater Tools (“OC Stormwater Tools”) compliance reporting program designed by Orange County Public Works. The City currently has a backlog of entries which must be made which involve making field visits to City-owned and privately-owned stormwater treatment devices (structural BMPs) to verify status and O&M issues, researching existing WQMPs and grading plans the City has on-file, and entering the data into OC Stormwater Tools. For this task, in the first year of the contract, assume 100 hours of work, and assume 40 hours of work in years 2 and 3.

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SECTION V

SCHEDULE OF COMPENSATION/FEES
Compensation will be provided in accordance with Section 2 of the Sample Professional Agreement (Attachment 4). Compensation will be made at the fees and schedule contained in the Proposer’s Proposal/Scope of Work and subject to a Maximum Contract Amount as agreed upon by Proposer and City.

In order to facilitate comparison of proposals, the City requires all compensation proposals to be submitted in the format below based on the tasks and sub tasks as noted in the Scope of Services above.

The Proposer shall provide a cost proposal for year 1, and may submit a separate cost proposal for years 2 and 3 (see above discussion under task 11d), in a tabular format by task (to be listed by row) with the following items (to listed by column)

1. Staff title, level, name;

2. Hourly rate;

3. Anticipated staff hours
Include subtotals by task and a projected total cost for the entire proposal.

An example is shown below:

Year 1 Cost Proposal
Service Provider Person 1
Name
Person 2
Name
Person 3
Name
Person 4
Name
Projected
Subtotals
Title Manager Environmental
Resources
Specialist II
Environmental
Resources
Specialist I
Administrative
Assistant
Billing Rate $190 $155 $135 $95
Task 11: Reporting and Record Keeping
Task 11a: Prepare
MS4 Annual Reports
1 3 30 10 $5,655
Task 11d: Populate
OC Stormwater Tools
1 2 20 5 $3,675
Projected Totals 2 5 50 15 $9,330
Only for the purpose of comparing cost proposals, the Proposer shall not list increasing/anticipated CPI adjusted rates in years 2 and 3. The rates shall be the same across all three years.

If awarded a contract by the City, the City expects that the fees, rates, and/or unit prices set forth in Consultant's Proposal shall remain fixed and unchanged for the first two years of the term of the agreement (i.e., from May 1, 2023 through April 30, 2024). Thereafter, Consultant may submit a request to adjust its fees, rates, and/or unit prices once per year during the remainder of the term of the agreement. However, approval of any request to

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adjust Consultant's fees, rates, and/or unit prices shall be made at the sole discretion of the City Manager, in writing, and is subject to the City’s approved budget. Such fee, rate, and/or unit pricing adjustment(s), if any, shall not exceed the value of the change in the Consumer Price Index for the Los Angeles/Orange County area for the preceding one year as published for the month of March of any given year. In no event shall any adjustment of any fee, rate, and/or unit pricing as authorized by this section exceed five percent (5%) per year regardless of CPI or any other cost factors.

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ATTACHMENT 1

NON-COLLUSION AFFIDAVIT
The undersigned represents and certifies that:

1. This Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation.

2. This Proposal is genuine and not collusive or sham.

3. The Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and has not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in sham proposal or to refrain from submitting to this RFP.

4. The Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Laguna Hills or of anyone interested in the proposed contract.

5. Proposer affirms that all statements contained in the Proposal and related documents are true and correct.

6. Proposer has not directly or indirectly submitted the proposal 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 person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

7. Proposer has not entered into any arrangement or agreement with any City of Laguna Hills public officer in connection with this proposal.

8. Proposer understands that collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.

I declare under penalty of perjury pursuant to the laws of the State of California and the United States that the foregoing facts are true and correct. Executed this ______ day of ______, 2023, at ________________, California.
________________________________
Signature of Authorized Representative
________________________________ __________________________________ Name of Authorized Representative Title of Authorized Representative

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ATTACHMENT 2
CONSULTANT’S ACKNOWLEDGEMENT OF COMPLIANCE

WITH INSURANCE REQUIREMENTS FOR

AGREEMENT FOR PROFESSIONAL SERVICES
Consultant agrees, acknowledges, understands and is fully aware of the insurance requirements as specified in Section 5, Insurance Requirements of the attached sample Agreement for Professional Services (Attachment 4) and hereby accepts all conditions and requirements as contained therein.

Consultant:

Name (Please Print or Type)
By:

Consultant’s Signature & Title
Date:

This executed form must be submitted with proposal.

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ATTACHMENT 3

CERTIFICATION OF PROPOSAL

TO THE CITY OF LAGUNA HILLS
The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP). By signing the Certification of Proposal (Attachment 3) and submitting a proposal to the City in response to this Request for Proposals, the Proposer hereby represents and certifies that:

A) No elected or appointed official, officer, or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or for any work connected with this proposal; should any agreement be approved in connection with this Request for Proposals (“Agreement”) no elected or appointed official, officer, or employee of the City, during the term of his/her service with the City, shall have any direct or indirect financial interest in the Agreement, or obtain any present, anticipated, or future financial interest or other material benefit arising therefrom;
B) No elected or appointed official, officer, or employee of the City shall have any financial interest, direct or indirect, in the Agreement nor shall any such official, officer, or employee participate in any decision relating to the Agreement which effects his/her personal financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of state law; C) The Proposer and its principals do not have now, nor shall it acquire any financial or business interest that would conflict with the performance of services under the Agreement;
D) Proposer does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy related conditions, political affiliation or opinion, age or medical condition; E) By submitting the response to this request, Proposer agrees, if selected, to furnish services to the City in accordance with this RFP;
F) Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them;
G) It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City;

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H) The proposal response includes all of the commentary, figures and data required by this Request for Proposal.

I) The proposal shall be valid for 180 days from the date of submittal to the City.

I declare under penalty of perjury pursuant to the laws of the State of California and the United States that the foregoing facts are true and correct.

Executed this ______ day of ______, 2023, at ________________, California.

Name of Proposer:

By:
(Authorized Signature)
Type Name:

Title:

Date:

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ATTACHMENT 4

SAMPLE DRAFT PROFESSIONAL SERVICES AGREEMENT
(Subject to Revision by City Upon Final Contract Award)

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1 PROFESSIONAL SERVICES AGREEMENT
Insert: Name of Corporate Entity, Inc.

On-Call NPDES Program Management and Inspection Services THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective this __ day of April 2023 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 _______________, INC., a California 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 consulting firm that specializes in providing NPDES program management and inspection services to municipalities and to other public agencies on an on-call basis, including but not limited to providing as-needed inspections, report preparation, attendance at meetings, and other related services (the “Project”).

B. In response to City's Request for Proposals, dated _________, 2023, Consultant has submitted to City a proposal, dated ________, 2023, to provide on-call, as-needed professional NPDES program management and inspection services to City 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 services to City for the Project and has agreed to provide such services as provided herein. City does not have the personnel, specialized equipment, and technical expertise able to perform the work or 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:

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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 to City and perform the professional NPDES program management and inspection services for the Project as set forth in the Proposal/Scope of Work, dated _______, 2023, 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 _______, 2023 (“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 Exhibits “A” and is hereby incorporated by reference and made a part of this Agreement. All provisions of this Agreement and the Consultant’s Proposal 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,

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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.

4.6.a
Packet Pg. 221 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services

SAMPLE DRAFT PROFESSIONAL SERVICES AGREEMENT
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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, on a time and materials basis in accordance with the professional hourly rates and charges as set forth in the Schedule of Compensation/Fees, which is attached hereto collectively as Exhibit “A” and is incorporated herein by reference, but not exceeding the annual maximum contract amount of ________ Dollars ($___________) (hereinafter referred to as the "Annual 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 Optional CPI Adjustment. The fees, rates, and/or unit prices set forth in Consultant's Proposal (Exhibit “A”) shall remain fixed and unchanged for the first two years of the term of this Agreement (i.e., from May 1, 2023 through April 30, 2024). Thereafter, Consultant may submit a request to adjust its fees, rates, and/or unit prices once per year during the remainder of the term of the Agreement as provided for herein. However, approval of any request to adjust Consultant's fees, rates, and/or unit prices as set forth herein shall be made at the sole discretion of the City Manager, in writing, and is subject to the City’s approved budget.

Such fee, rate, and/or unit pricing adjustment(s), if any, shall not exceed the value of the change

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Packet Pg. 222 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services

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5 in the Consumer Price Index for the Los Angeles/Orange County area for the preceding one year as published for the month of March of any given year. In no event shall any adjustment of any fee, rate, and/or unit pricing as authorized by this section exceed five percent (5%) per year regardless of CPI or any other cost factors.

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 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

4.6.a
Packet Pg. 223 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services

SAMPLE DRAFT PROFESSIONAL SERVICES AGREEMENT
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1583061.1
6 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 three (3) years, commencing on May 1, 2023 and ending on April 30, 2025 (“Initial Term”). The City shall have the unilateral option, at its sole discretion, to renew and extend the term of this Agreement for no more than two (2) additional one-year terms (“Renewal Option”).

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 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: ________________ (Name/Corporate Officer Title). 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

4.6.a
Packet Pg. 224 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services

SAMPLE DRAFT PROFESSIONAL SERVICES AGREEMENT
***SUBJECT TO CHANGE ON FINAL CONTRACT AWARD***
1583061.1
7 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 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

4.6.a
Packet Pg. 225 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services

SAMPLE DRAFT PROFESSIONAL SERVICES AGREEMENT
***SUBJECT TO CHANGE ON FINAL CONTRACT AWARD***
1583061.1
8 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, 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

4.6.a
Packet Pg. 226 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services

SAMPLE DRAFT PROFESSIONAL SERVICES AGREEMENT
***SUBJECT TO CHANGE ON FINAL CONTRACT AWARD***
1583061.1
9 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 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.

4.6.a
Packet Pg. 227 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services

SAMPLE DRAFT PROFESSIONAL SERVICES AGREEMENT
***SUBJECT TO CHANGE ON FINAL CONTRACT AWARD***
1583061.1
10 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 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.

4.6.a
Packet Pg. 228 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services

SAMPLE DRAFT PROFESSIONAL SERVICES AGREEMENT
***SUBJECT TO CHANGE ON FINAL CONTRACT AWARD***
1583061.1
11 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, 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.

4.6.a
Packet Pg. 229 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services

SAMPLE DRAFT PROFESSIONAL SERVICES AGREEMENT
***SUBJECT TO CHANGE ON FINAL CONTRACT AWARD***
1583061.1
12 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 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.

4.6.a
Packet Pg. 230 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services

SAMPLE DRAFT PROFESSIONAL SERVICES AGREEMENT
***SUBJECT TO CHANGE ON FINAL CONTRACT AWARD***
1583061.1
13 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.

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.

4.6.a
Packet Pg. 231 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services

SAMPLE DRAFT PROFESSIONAL SERVICES AGREEMENT
***SUBJECT TO CHANGE ON FINAL CONTRACT AWARD***
1583061.1
14 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.

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

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15 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.

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 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

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16 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 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

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17 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 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.

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18 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
Facsimile: (949) 707-2633
To Consultant:

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.

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19 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.

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]

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20 SIGNATURE REQUIREMENTS --
For Consultants that are a corporation, two (2) Corporate Officers must sign and staff may request that a copy of their corporate resolution confirming the names and titles of their authorized signatories be provided to the City in advance for review and approval, and the signature requirements are as follows:
1) One signature by the Chairman of the Board, the President, or the Vice President, -And2) One signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or an Assistant Treasurer.

For Consultants that are not a corporation, signature requirements are as follows: the person who has authority to bind the business entity must sign.

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21 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

JANINE HEFT,
Mayor
ATTEST:
(SEAL)

JENNIFER LEE
City Clerk
APPROVED AS TO FORM:

GREGORY E. SIMONIAN,
City Attorney
“CONSULTANT”
By:
, President
By:
, Secretary

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Packet Pg. 239 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services 1421170.1
EXHIBIT “A”
CONSULTANT’S PROPOSAL/ SCOPE OF WORK
DATED:

SCOPE OF WORK FOR PROJECT

INCLUDING,

SCHEDULE OF PERFORMANCE
AND

SCHEDULE OF COMPENSATION/ FEES

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Packet Pg. 240 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services 1421170.1
EXHIBIT “B”
CITY'S REQUEST FOR PROPOSALS ("RFP")/ SCOPE OF SERVICES DATED: February 8, 2023
______________________________________________________________________ FOR

NPDES PROGRAM MANAGEMENT AND INSPECTION SERVICES

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Packet Pg. 241 Attachment: Proposed Professional Services Agreement with WSP USA Environment and Infrastructure, Inc. (3178 : Professional Services City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE:

TO:

FROM:

ISSUE:

June 13, 2023
Mayor and Council Members
Joe Ames, P.E., T.E.

Public Works Director/City Engineer
Cooperative Agreement No. 12-XXX Between the State of California, Department of Transportation, and the City of Laguna Hills for General Traffic Signal Synchronization
RECOMMENDATION: That the City Council: 1) Approve Cooperative Agreement No. 12-XXX with the State of California, Department of Transportation, for General Traffic Signal Synchronization; 2) Authorize the City Manager to make minor edits as may be needed prior to execution of the final Agreement; and 3) Authorize the Mayor to sign the final Agreement.

SUMMARY:

On September 27, 2022, the City Council approved the City’s participation in the Rockfield Boulevard and Bake Parkway, and the Moulton Parkway Regional Traffic Signal Synchronization Program (RTSSP) projects. These projects require the cities along and adjacent to these corridors to collectively work with the Orange County Transportation Authority (OCTA) and the California Department of Transportation (Caltrans) to implement these traffic signal timing improvement projects. Three Caltrans operated traffic signals within the City of Laguna Hills are included in these projects. These traffic signals require coordinated timing adjustments and equipment improvements to implement these projects. Consequently, Caltrans has presented for City approval, a Cooperative Agreement for General Traffic Signal Synchronization work which will result in an expenditure of $7,500. These costs can be absorbed into the City’s existing budget for traffic signal operations. Approval of Cooperative Agreement No. 12-XXX with the California Department of Transportation for General Traffic Signal Synchronization is recommended.

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Cooperative Agreement with Caltrans No. 12-XXX General Traffic Signal Synchronization June 13, 2023

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BACKGROUND:

Moulton Parkway RTSSP Project:

On behalf of the cities through which Moulton Parkway traverses, the City of Laguna Niguel submitted a 2022 application to OCTA for Renewed Measure M Project P funding of the Moulton Parkway RTSSP project. OCTA awarded Project P funding and agreed to be the lead entity for this multi-agency project through the adoption of Cooperative Agreement No. C-2-2634. OCTA will procure the consultant and contract services to implement updated traffic signal timing, synchronization and improvements along this arterial highway.

The cities of Laguna Hills, Laguna Niguel and Dana Point are each participating in this project to improve traffic flow along this arterial highway. The cities will contribute a 20% cash match to the project.

In addition to traffic signal timing and synchronization improvements along Moulton Parkway, some of the eight involved Laguna Hills traffic signals (at Indian Creek Ln, Laguna Hills Dr, Via Lomas, Alicia Pkwy, Gordon Rd, La Paz Rd, Oso Pkwy and Nellie Gail Rd) will also receive equipment upgrades including: emergency vehicle preemption (EVP), CCTV cameras, new pedestrian signal countdown heads and new audible pedestrian buttons for visually impaired pedestrians.

The Moulton Parkway RTSSP project is expected to be implemented during the 2024 calendar year and then will be under a three-year monitoring program. The Cooperative Agreement is scheduled to run through December 2027.

Bake Parkway and Rockfield Boulevard RTSSP Project:

On behalf of the cities through which Bake Parkway and Rockfield Boulevard traverses, the City of Irvine submitted a 2022 application to OCTA for Renewed Measure M Project P funding of the Bake Parkway and Rockfield Boulevard RTSSP project. OCTA awarded

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Cooperative Agreement with Caltrans No. 12-XXX General Traffic Signal Synchronization June 13, 2023

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Project P funding and agreed to be the lead entity for this multi-agency project through the adoption of Cooperative Agreement No. C-2-2632. OCTA will procure the consultant and contract services to implement updated traffic signal timing, synchronization and improvements along this arterial highway.

The cities of Laguna Hills, Lake Forest and Irvine are each participating in this project to improve traffic flow along these arterial highways. The cities will contribute a 20% cash match to the project.

The City of Laguna Hills’ participation in this project only includes traffic signal timing and synchronization improvements at five offset signalized intersections. The five involved Laguna Hills traffic signals are: 1) Lake Forest Drive/Santa Vittoria Drive; 2) Lake Forest Drive/Interstate 5 SB On-Off Ramps; 3) El Toro Road/Regional Center; 4) El Toro Road/Avenida de la Carlota; and 5) Los Alisos Boulevard/Avenida de la Carlota. There are no equipment upgrades included at any of these signals.

The Bake Parkway and Rockfield Boulevard RTSSP project is expected to be implemented during the 2024 calendar year and then will be under a three-year monitoring program. The Cooperative Agreement is scheduled to run through December 2027.

Caltrans Cooperative Agreement:

Three Caltrans operated traffic signals within the City of Laguna Hills are included in these RTSSP projects as follows:
• Moulton Parkway at Nellie Gail Rd/SR-73 NB Ramps Traffic Signal • Lake Forest Drive at Interstate 5 SB On-Off Ramps Traffic Signal • La Paz Road at Merienda/SR073 NB Ramps Traffic Signal These traffic signals require coordinated timing adjustments and equipment improvements to implement these projects. Consequently, Caltrans has presented for City approval, a Cooperative Agreement for General Traffic Signal Synchronization work.

Approval of Cooperative Agreement No. 12-XXX with the California Department of Transportation for General Traffic Signal Synchronization is recommended.

CEQA FINDINGS:

In accordance with Cooperative Agreement Nos. C-2-2632 and C-2-2634, OCTA accepts the responsibility for CEQA compliance for these RTSSP projects.

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Cooperative Agreement with Caltrans No. 12-XXX General Traffic Signal Synchronization June 13, 2023

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FISCAL IMPACT:

The Cooperative Agreement with Caltrans for General Traffic Signal Synchronization work, which will result in an expenditure of $7,500, has been budgeted into the proposed FY 2023-2024 budget for traffic signal operations.

ATTACHMENTS:
• Proposed Cooperative Agreement with Caltrans for General Traffic Signal Synchronization

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12-ORA-xxx-PM xx.xx
EA: xxxxxx, ID: xxxxxxxxxx
District Agreement No. 12-xxx
1 COOPERATIVE AGREEMENT
(General Traffic Signal Synchronization)
THIS AGREEMENT, ENTERED INTO EFFECTIVE ON _____________________, 2023, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as “CALTRANS”, and the CITY OF LAGUNA HILLS, a body politic and a municipal corporation of the State of California, referred to herein as “CITY”.

CALTRANS and CITY are individually referred herein as “PARTY” and collectively referred herein as “PARTIES”.

RECITALS

1. CALTRANS and CITY, collectively referred to as PARTIES, pursuant to Streets and Highways Code Sections 114 and 130, are authorized to enter into a cooperative agreement for improvements to State Highways within CITY.

2. Measure M2 Regional Traffic Signal Synchronization Program (RTSSP) of Orange County targets over 2,000 signalized intersections across the County to maintain traffic signal synchronization, improve traffic flow, and reduce congestion across jurisdictions.

3. CALTRANS and CITY desire to implement signal synchronization at three (3) intersections along Moulton Parkway, Lake Forest Drive, and La Paz Road to enhance traffic flow and reduce congestions at those intersections between CITY streets and State Highway System (SHS).

4. CALTRANS and CITY are committed to implementing multi-jurisdictional signal synchronization to enhance countywide traffic flow and reducing congestion in relation to the SHS.

5. CITY has received separate funding from Orange County Transportation Authority (OCTA) for Regional Traffic Signal Synchronization on Bake Parkway, Rockfield Boulevard, and Moulton Parkway Corridors.

6. CITY desires CALTRANS to implement Intelligent Transportation System (ITS) equipment, as deemed necessary, coordinated signal timing and other work elements as detailed in the attached SCOPE SUMMARY referred to herein as “IMPROVEMENTS” at the following locations identified in Exhibit A attached to and made a part of this Agreement by reference and referred to hereinafter as “INTERSECTIONS”:
a. Moulton Parkway at Nellie Gail Rd/SR-73 NB Ramps Traffic Signal b. Lake Forest Drive at Interstate 5 SB On-Off Ramps Traffic Signal c. La Paz Road at Merienda/SR073 NB Ramps Traffic Signal

7. PARTIES agree that IMPROVEMENTS will cost a total of $7,500.00.

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Packet Pg. 246 Attachment: Proposed Cooperative Agreement with Caltrans for General Traffic Signal Synchronization (3170 : Cooperative Agreement with 12-ORA-xxx-PM xx.xx
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District Agreement No. 12-xxx
2 8. CALTRANS will review and implement new signal timing plans of the IMPROVEMENTS, as specified in Exhibit A. NOW, THEREFORE, in consideration of the foregoing recitals and the following terms, covenants and conditions, the PARTIES agree as follows:

SECTION A
CALTRANS AGREES:

1. To perform the work elements in order to complete IMPROVEMENTS as specified in the SCOPE SUMMARY attached to and made a part of this Agreement.

2. To install traffic signal controller equipment components of the IMPROVEMENTS, as specified in the exhibit A.

3. To implement coordination of traffic signal timing (TIMING PLAN) for INTERSECTIONS in accordance with the Caltrans Traffic Operations Manual.

4. To review the draft TIMING PLAN prepared by CITY, and finalize it subject to revisions mutually agreed to between PARTIES.

5. To submit an invoice for a lump sum (single payment), which includes all indirect costs per Caltrans Indirect Cost Rate Proposal (ICRP) of $7,500.00 to CITY for the IMPROVEMENTS within 30 days of execution of this agreement.

SECTION B
CITY AGREES:

1. To fully fund IMPROVEMENTS not exceeding $7,500.00

2. To develop TIMING PLAN for INTERSECTIONS and submit it for CALTRANS review and approval.

3. To work in good faith with CALTRANS to revise and finalize TIMING PLAN.

4. To make written application to CALTRANS for necessary encroachment permits authorizing entry of CITY onto SHS right of way to perform work for IMPROVEMENTS. CITY shall also require its consultants and contractors, if any, to make written application to CALTRANS for necessary encroachment permits.

5. Prepare and review a final report of the IMPROVEMENTS with CALTRANS, and assess the performance of the PARTIES in relation to the terms, covenants, and conditions of the Agreement.

6. Pay to CALTRANS, within thirty (30) days of receipt of invoice, the amount of $7,500.00.

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Packet Pg. 247 Attachment: Proposed Cooperative Agreement with Caltrans for General Traffic Signal Synchronization (3170 : Cooperative Agreement with 12-ORA-xxx-PM xx.xx
EA: xxxxxx, ID: xxxxxxxxxx
District Agreement No. 12-xxx
3 SECTION C
IT IS MUTUALLY AGREED THAT:

1. All CALTRANS’ obligations under this Agreement are subject to the appropriation of resources by the Legislature and the State Budget Act authority, programming of funds by the California Transportation Commission (CTC) and the allocation thereof by the CTC.

2. CITY’s total obligation is set at $7,500.00. If CALTRANS anticipates that funding will be insufficient to complete IMPROVEMENTS, due to (i) mutually agreed material modifications, (ii) the failure by CITY to perform its obligations under this Agreement following written notice from CALTRANS to CITY, or (iii) unforeseen conditions that are discovered during the performance of IMPROVEMENTS, CALTRANS will promptly notify CITY. CALTRANS may be required to stop work on IMPROVEMENTS until additional funding is secured and/or to restore the site of IMPROVEMENTS to a condition of safe operation, using any then unexpended funds, if additional funds are not made available for IMPROVEMENTS.

3. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, subcontractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY or under this Agreement. It is understood and agreed that CITY, to the extent permitted by law, will fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortuous, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors and/or its agents under this Agreement.

4. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, subcontractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS or under this Agreement. It is understood and agreed that CALTRANS, to the extent permitted by law, will fully defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortuous, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors and/or its agents under this Agreement.

5. This Agreement will terminate upon completion of IMPROVEMENTS that all parties have met all scope, cost, and schedule commitments included in this agreement and have signed a cooperative agreement closure statement, which is a document signed by PARTIES that verifies the completion of all scope, cost, and schedule commitments. However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, hazardous material, operation, maintenance, and ownership articles will remain in effect until terminated, expired by statute of limitation, or modified in writing by mutual agreement.

4.7.a
Packet Pg. 248 Attachment: Proposed Cooperative Agreement with Caltrans for General Traffic Signal Synchronization (3170 : Cooperative Agreement with 12-ORA-xxx-PM xx.xx
EA: xxxxxx, ID: xxxxxxxxxx
District Agreement No. 12-xxx
4 CONTACT INFORMATION
This information provided below indicates the primary contact information for the PARTIES to the Agreement. PARTIES will notify each other in writing of any personnel or location changes. Contact Information changes do not require an amendment to this Agreement.

The primary Agreement contact person for CALTRANS is:

Pauline Nguyen, Branch Chief, Electrical Systems
6681 Marine Way
Irvine, CA 92618-1724
Office Phone: (949) 936-3484
Email: [email protected]
The primary Agreement contact person for CITY is:

Joseph Ames
Director of Public Works/City Engineer
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
Office Phone: (949) 707-2650
Email: [email protected]

4.7.a
Packet Pg. 249 Attachment: Proposed Cooperative Agreement with Caltrans for General Traffic Signal Synchronization (3170 : Cooperative Agreement with 12-ORA-xxx-PM xx.xx
EA: xxxxxx, ID: xxxxxxxxxx
District Agreement No. 12-xxx
5 SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.

The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STATE OF CALFIORNIA

CITY OF LAGUNA HILLS

DEPARTMENT OF TRANSPORTATION
By: ___________________________ By: ___________________________ Bobi Hettick Janine Heft
Deputy District Director Mayor

CERTIFIED AS TO FINANCIAL TERMS APPROVED AS TO FORM:

AND CONDITIONS:

By: ___________________________ By: ___________________________ Gina Schumacher Gregory E. Simonian
HQ Accounting Supervisor City Attorney

CERTIFIED AS TO FUNDS: ATTEST:

By: ___________________________ By: ___________________________ Neda Saber Jennifer Lee
District Budget Manager City Clerk

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Packet Pg. 250 Attachment: Proposed Cooperative Agreement with Caltrans for General Traffic Signal Synchronization (3170 : Cooperative Agreement with 12-ORA-xxx-PM xx.xx
EA: xxxxxx, ID: xxxxxxxxxx
District Agreement No. 12-xxx
6 SCOPE SUMMARY
Work Element CALTRANS City
Perform Preliminary Engineering X
Encroachment Permit X
Develop Coordination Traffic Signal Timing X
Approve and Implement Coordination Signal Timing X
Monitor and Fine-Tune Traffic Signal Coordination Timing X Furnish Traffic Signal Local Controller X
Furnish Traffic Signal Master Controller X
Configure and Install Traffic Signal Controller X
Furnish and Install GPS Time Source X
Final Report X

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Packet Pg. 251 Attachment: Proposed Cooperative Agreement with Caltrans for General Traffic Signal Synchronization (3170 : Cooperative Agreement with 12-ORA-xxx-PM xx.xx
EA: xxxxxx, ID: xxxxxxxxxx
District Agreement No. 12-xxx
7 Exhibit A
Reimbursable Caltrans Cost Details
Bake Parkway-Rockfield Parkway, Crown Valley Parkway, and Moulton Parkway Regional Traffic Signal Synchronization Project for the intersections of:
• Moulton Parkway at Nellie Gail Rd/SR-73 NB Ramps Traffic Signal • Lake Forest Drive at Interstate 5 SB On-Off Ramps Traffic Signal • La Paz Road at Merienda/SR073 NB Ramps Traffic Signal Description Unit Cost ($) Quantity Subtotal
Caltrans Staff Oversight Fee Per Location $ 2,500.00 3 $ 7,500.00 TOTAL $ 7,500.00

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Packet Pg. 252 Attachment: Proposed Cooperative Agreement with Caltrans for General Traffic Signal Synchronization (3170 : Cooperative Agreement with City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE:

TO:

FROM:

ISSUE:

June 13, 2023
Mayor and Council Members
Joe Ames, P.E., T.E.

Public Works Director/City Engineer
Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc., for the Implementation of the City's Phase XI Water Quality Project, CIP No. 412-K
RECOMMENDATION: That the City Council: 1) Find and determine it is appropriate to waive formal bidding requirements of the Laguna Hills Municipal Code (LHMC) for the award of the Trash and Debris Capture Devices Maintenance Services Agreement to G2 Construction, Inc., because: a) The goods and supplies, equipment, materials, and contract services to be provided by G2 Construction, Inc., are of a unique, sole source nature because of their quality, durability, availability, or fitness for a particular use and are available only from one source (LHMC Section 3-08.110(A)); b) The goods and supplies, equipment, materials, or non-professional services are proprietary (LHMC Section 3-08.110(B)); c) A specific make, model, or brand is necessary to match existing City equipment or to facilitate the continuity of effective maintenance and support (LHMC Section 3-08.110(F)); and d) Compliance with procurement policies, procedures, and/or requirements is not in the best interest of the City (LHMC Section 3-08.110(J)); 2) Award the Trash and Debris Capture Devices Maintenance Services Agreement to G2 Construction, Inc.; and 3) Authorize the Mayor to sign the Agreement.

SUMMARY:

The City successfully competed for grant funds as part of the Orange County Transportation Authority's (OCTA) Measure M2 Project X, Environmental Cleanup Allocation Program. The funding will allow the City to proceed with the tenth such project in the City’s history, providing for the reduction of pollution, trash, debris and

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sediment into the drainage system. The City has determined that G2 Construction, Inc. (G2) provides a proprietary system of Automatic Retractable Debris Screens and Connector Pipe Screens at each of its catch basins that meets the City’s specific needs.

G2’s proprietary products have a long track record of successful installations and are able to be consistently maintained due to their consistent installation in the City and longevity. Accordingly, and in accordance with specified sections of the Laguna Hills Municipal Code, G2 responded to a Notice Inviting Bids and provided a Proposal for the necessary work, which are both attached to the Trash and Debris Capture Devices Maintenance Services Agreement included with this staff report. It is recommended that the City Council find and determine that the sole-source selection of G2 Construction, Inc., for the installation of trash and debris capture devices (specifically, CPS-MOD™ & ARS-CL™ Screens) is in the City’s best interests and award the attached Trash and Debris Capture Devices Maintenance Services Agreement to G2.

BACKGROUND:

The City successfully competed for grant funds as part of the Orange County Transportation Authority's (OCTA) Measure M2 Project X, Environmental Cleanup Allocation Program (“Program”) with which the City intends to fund the installation of trash and debris capture devices on various catch basin locations in the City during the contract term. The purpose of this project is to reduce pollutants and sediment from reaching the local creeks and the “waters of the US,” including the Pacific Ocean. As part of the OCTA Program, the City was awarded $200,000.00 for fiscal year 2022/2023, which is required to be matched with $50,000.00 of local funds.

There is a need to retain the services of a qualified maintenance services company capable of manufacturing and installing trash and debris capture devices (specifically, CPS-MOD™ & ARS-CL™ Screens) and performing additional related work including, but not limited to, clearing and grubbing, mobilization, traffic control, catch basin cleaning, fabrication, and installation of proprietary Connector Pipe Screens and Automatic Retractable Screens (the “Project”). In response to City’s Notice Inviting Bid issued to G2 for CPS-MOD™ & ARS-CL™ Screen Project, Phase X, Trash and Debris Capture Devices dated May 22, 2023, G2 submitted a proposal to the City, dated May 24, 2023, to perform the services required for the Project.

The City has evaluated G2’s Proposal and determined that the products produced by G2 (specifically, the CPS-MOD™ & ARS-CL™ Screens) are uniquely suited, proprietary

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products that will both fit within the City’s existing infrastructure and match existing facilities for the purposes of maintenance efficiency. The CPS-MOD™ & ARS-CL™ Screens are compatible with, and are an integral component of, the City’s existing infrastructure, and the continued use of the screens would facilitate the continuity of maintenance and support of its trash and debris capture devices.

Trash and debris capture devices are unique products that must be customized and fabricated for each catch basin in order for the device to function properly. G2’s proprietary ARS-CLTM curb-opening screens and CPS-ModTM Full Capture Screens are unique patented storm water treatment devices made from 304 stainless steel that are designed and custom fabricated by G2 to the specific dimensions of each specific catch basin or inlet. This enables these devices to last much longer than the 10-year warranty period.

The ARS-CLTM curb-opening screens effectively stop all trash and debris that is ¾” or greater from entering the catch basins during dry weather. These screens capture 85% to 90% of debris that typically flows into the catch basins, clog the 5mm holes of the CPS-ModTM screens, and impair their treatment capacity. The City’s street sweeping program then collects these pollutants. The CPS-ModTM Full Capture System is effective as the final line-of-defense when trash and debris escape past the ARS-CLTM screens during heavy storm events. The CPS-ModTM patented design stops 100% of particles 5mm or larger from exiting the catch basin and flowing downstream. This device is also certified by the State Water Board as a Full-Capture System.

G2’s devices are compatible with, and are an integral component of, the City’s existing infrastructure.

There 570 total catch basins located throughout the City. The continued use of G2’s devices are necessary to match the City’s existing inventory of ARS-CLTM curb-opening screens installed in over 90% of the City’s catch basins and CPS-ModTM Full Capture Screens installed in over 60% of the City’s catch basins. G2’s devices are also compatible with the City’s street sweeping equipment and current batch basin cleaning processes, making it efficient and cost effective for City personnel to clean and maintain. As such, installing G2’s devices on additional catch basins will facilitate the continuity of cleaning and maintenance and will achieve cost efficiencies, while procuring a different vendor would require new training and reorientation and could result in significant increases in the amount and types of maintenance needed from City staff as well as increased costs.

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It is, therefore, in the City’s best interest to install the same patented G2 storm water devices that are currently installed in catch basins throughout the City. G2’s devices have proven highly effective for the City, and their use helps the City meet the California Water Board’s storm water trash regulations. G2 has fabricated and installed almost 30,000 devices for over 50 different municipalities over the past 18 years in California, and the ARS-CL™ and CPS-Mod™ devices have been the industry standard for the past 7 years. Orange County Public Works has ranked G2’s screens as the highest scoring Trash Capture Devices in its competitive requests for proposals, and these screens have been the most selected devices for OCTA’s Environmental Cleanup Program Project X annual grants for each of the past 7 years.

For these reasons, it is recommended that the City waive formal bidding requirements of the Laguna Hills Municipal Code (LHMC) in awarding this Agreement to G2 because the goods and supplies, equipment, materials, and contract services are of a unique, sole source nature because of their quality, durability, availability, or fitness for a particular use and are available only from one source (LHMC Section 3-08.110(A)); the goods and supplies, equipment, materials, or non-professional services are proprietary (LHMC Section 3-08.110(B)); a specific make, model, or brand is necessary to match existing City equipment or to facilitate the continuity of effective maintenance and support (LHMC Section 3-08.110(F)); and compliance with procurement policies, procedures, and/or requirements is not in the best interest of the City (LHMC Section 3-08.110(J)).

G2 has been awarded a master agreement with the County of Orange (Contract No. MA080-20011478) to furnish and install Trash and Debris Capture Devices on Countyowned property (“County Agreement”). Section 15 of the County Agreement establishes a Regional Cooperative Agreement (RCA) that permits non-County public agencies to execute subordinate contracts for the same services during the effective dates of the County Agreement, which is currently through June 30, 2025. Under the County Agreement, the RCA terms, conditions, and pricing shall be extended to all subordinate contracts issued. The City’s agreement with G2, if awarded, is intended to be consistent with the terms, conditions, and pricing available through the County Agreement.

In the City’s grant application to OCTA, the City proposed to use G2’s devices as part of the Environmental Cleanup Allocation Program. Should the City Council choose not to award a contract to G2 and instead require the City to hold a competitive procurement for these devices, the City will have to request a modification to the grant agreement

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with OCTA, which would jeopardize the grant award.

FISCAL IMPACT:

OCTA has awarded the City a $200,000 grant for the CPS-MOD™ & ARS-CL™ Screen Project, Phase XI, which is matched with a $50,000 general fund commitment. This project is included in the FY 2023/2024 Capital Improvement Budget in the total amount of $250,000.

ATTACHMENTS:
• Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc.

4.8 Packet Pg. 257

TRASH AND DEBRIS CAPTURE DEVICES MAINTENANCE SERVICES AGREEMENT G2 Construction, Inc.
( CPS-MOD™ & ARS-CL™ Screen Project, Phase XI, Trash and Debris Capture Devices)

THIS TRASH AND DEBRIS CAPTURE DEVICES MAINTENANCE SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into, to be effective this 13th day of June, 2023, 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 02 CONSTRUCTION, INC., a California Corporation (hereinafter referred to as "Contractor"). City and Contractor are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the "Parties."

RECITALS
A. The City has received funds as part of the Orange County Transportation Authority's (OCTA) Measure M2 Project X, Environmental Cleanup Allocation Program ("Program") with which the City intends to fund the installation of trash and debris capture devices on various catch basin locations in the City during the contract term.

B. As part of the OCT A Program, the City was awarded $200,000.00 in fiscal year 2022-2023.

C. The City has determined that there is a need to retain the services of a qualified maintenance services company capable of manufacturing and installing trash and debris capture devices (specifically, CPS-MOD™ & ARS-CL™ Screens) and performing additional related work including, but not limited to, clearing and grubbing, mobilization, traffic control, catch basin cleaning, fabrication and installation of proprietary Connector Pipe Screens and Automatic Retractable Screens (the "Project"). The City has determined that Contractor's CPS-MOD™ & ARS-CL™ Screens are unique and proprietary products that are only available from 02 and fit within the City's existing infrastructure. The CPS-MOD™ & ARS-CL™ Screens are compatible with, and are an integral component of, the City's existing infrastructure, and the continued use of the screens would facilitate the continuity of maintenance and support of its trash and debris capture devices.

D. Therefore, the City waived formal bidding requirements of the Laguna Hills Municipal Code (LHMC) in awarding this Agreement to Contractor because the goods and supplies, equipment, materials, and contract services are of a unique, sole source nature because of their quality, durability, availability, or fitness for a particular use and are available only from one source (LHMC Section 3-08.11 0(A)); the goods and supplies, equipment, materials, or nonpforessional services are proprietary (LHMC Section 3-08.11 0(B)); a specific make, model, or brand is necessary to match existing City equipment or to facilitate the continuity of effective maintenance and support (LHMC Section 3-08.11 0(F)); and compliance with procurement policies, procedures, and/or requirements is not in the best interest of the City (LHMC Section 3-08.1 lO(J)).

E. Contractor previously entered into Contract No. MA-080-20011478 with the County of Orange to furnish and install Trash and Debris Capture Devices ("County Agreement"). Section 15 of the County Agreement establishes a Regional Cooperative Agreement (RCA) that permits 1 I 695081.1

4.8.a
Packet Pg. 258 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance non-County public agencies to execute subordinate contracts for the same services during the effective dates of the County Agreement, which, at the time of entering into this Agreement, is through June 30, 2025. Under the County Agreement, the RCA terms, conditions, and pricing shall be extended to all subordinate contracts issued. This Agreement is intended to be consistent with the terms, conditions, and pricing available through the County Agreement.

F. In response to City's Notice Inviting Bid for CPS-MOD™ & ARS-CL™ Screen Project, Phase XI, Trash and Debris Capture Devices dated May 22, 2023, Contractor has submitted to City a proposal, dated May 24, 2023, which work includes, but is not limited to, clearing and grubbing, mobilization, traffic control, catch basin cleaning, fabrication and installation of proprietary Connector Pipe Screens and Automatic Retractable Screens (specifically CPS-MOD™ & ARS-CL™ Screens), for the Project pursuant to the terms of this Agreement.

G. Contractor represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, labor and equipment, and expertise to provide the requested traffic signal maintenance services and has agreed to provide such maintenance services to City for the Project as provided herein. The City does not have the personnel, specialized equipment, or technical expertise able to perform the work and services contracted for herein. The City does not possess the knowledge, expertise, or skill to control and direct the work necessary for the Project and requires the use of an independent contractor to do so.

H. City desires to retain Contractor to provide such trash and debris gate installation services for the Project.

AGREEMENT

1. MAINTENANCE SERVICES

1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Contractor promises and agrees to furnish and install trash and debris capture devices to City for the Project as set forth in Contractor's Proposal/Scope of Work, dated May 24, 2023, and as set forth in City's Notice Inviting Bid for CPS-MOD™ & ARS-CL™ Screen Project, Phase XI, Trash and Debris Capture Devices, dated May 22, 2023, which are each attached hereto as Exhibit "A" and Exhibit "B" respectively and are incorporated herein by reference (hereinafter referred to as the "Services" or "Work"). As a material inducement to the City entering into this Agreement, Contractor acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills, equipment, personnel, labor, and abilities and that, consistent with this understanding, Contractor'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 service and work and with the standards recognized as being employed by contractors in the same discipline in the State of California. Contractor represents and warrants that it is skilled in the 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. Contractor represents and warrants that it and all of its employees and subcontractors
2 I 695081.1

4.8.a
Packet Pg. 259 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance providing 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; (2) City's Notice Inviting Bid for CPS-MOD™ & ARS-CL™ Screen Project, Phase XI, Trash and Debris Capture Devices, dated May 22, 2023 (hereinafter referred to as "Notice Inviting Bid"); and, (3) the Contractor's signed, original Proposal/Scope of Work, dated May 24, 2023 ("Contractor's Proposal") submitted to City in response to City's Notice Inviting Bid for the Project, which shall all be referred to collectively hereinafter as the "Contract Documents." The Contractor's Proposal and City's Notice Inviting Bid, which are both attached hereto as Exhibit "A" and Exhibit "B," respectively, are hereby incorporated by reference and are made a part of this Agreement. All provisions of this Agreement, the Contractor's Proposal, and the City's Notice Inviting Bid, including the City's Project Specifications, 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; (2
nd
) the terms, conditions, requirements, and provisions of the City's Notice Inviting Bid (Exhibit "B"); and (3rd) the provisions of the Contractor's Proposal (Exhibit "A").

1.3 Compliance with Law. Contractor 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 regulations and requirements. Contractor 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 regulations and requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with performing the Work and Services. If Contractor performs any Work or Services in violation of such laws, rules, and regulations, Contractor shall be solely responsible for all penalties and costs arising therefrom. Contractor shall defend, indemnify, and hold 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 such laws, rules, or regulations.

1.4 Licenses, Permits, Fees, and Assessments. Prior to performing any Services or Work hereunder, Contractor shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its trade and perform the Work and Services required by this Agreement. Contractor represents and warrants to City that Contractor 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 Contractor to perform the Work and Services under this Agreement. Contractor 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 Contractor's performance of the Work and Services required by this Agreement, and Contractor 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 obtain such licenses, permits, and approvals of whatever nature that are legally required to perform the Work or Services. 3 1695081.1

4.8.a
Packet Pg. 260 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance

1.5 Familiarity with Work. By executing this Agreement, Contractor 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, Contractor represents and maintains that Contractor 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 Contractor discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City.

1.6 Care of Work. Contractor 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 Contractor's Proposal/Scope of Work (Exhibit "A") or to 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 Contractor, incorporating therein any adjustment in (i) the 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 Contractor. It is expressly understood by Contractor that the provisions of this section shall not apply to the Work and Services specifically set forth in the Contractor's Proposal/Scope of Work or reasonably contemplated therein, regardless of whether the time or materials required to complete any Work or Services identified in the Contractor's Proposal/Scope of Work exceeds any time or material amounts or estimates provided therein.

1.9 Prevailing Wages. The City has determined that the Work and Services under this Agreement requires work oflabor categories which are subject to Prevailing Wage Laws identified in the State of California Labor Code. 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.

4.8.a
Packet Pg. 261 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its elected and appointed 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. Contractor understands and agrees to comply with the following California Labor Code compliance conditions [Labor Code Sections 1720 et seq., 1813, 1860, 1861, 3700]:

1.9 .1. This 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.

1.9.2. 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.

1.9.3. 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 (hare 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.

1.9.4. 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).

1.9.5. 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.

1.9.6. Contractor shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.

1.9.7. 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 5 1695081.1

4.8.a
Packet Pg. 262 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance 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.)

1.9.8. Pursuant to California Labor Code Sections 1860 and 3700, Contractor will be required to secure the payment of compensation to its employees. By signing this Agreement, Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement."

1. 9. 9. Pursuant to California Labor Code Section 1 771.1, 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 1 777 .1 or 1 777. 7 of the California Labor Code.

1.10 Water Quality Management and Compliance.

1.10.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during performance of the Services or Work. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its bid or proposal accordingly, and assumes any and all risks and liabilities associated with and arising therefrom.

1.10.2 Compliance with Water Quality Laws, Ordinances, and Regulations.

Contractor shall keep itself and any subcontractors, staff, agents, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by, the performance of the Services or Work, including, without limitation, all applicable provisions of: the City's ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal. Water Code§ 1300 et seq.); and any and all regulations, policies, or permits issued 6 1695081.1

4.8.a
Packet Pg. 263 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance pursuant to any such authority. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local or state agency having jurisdiction over the location where the Services or Work are to be performed, conducted, or provided, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.

1.10.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances, and regulations listed in subsection 1.10.2, Contractor shall comply with all applicable requirements of the Orange County Drainage Area Management Plan ("DAMP"), the City of Laguna Hills Local Implementation Plan ("LIP"), and the applicable Water Quality Management Plan ("WQMP"). Such documents contain the Model Maintenance Procedures with Best Management Practices ("BMPs"). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dryweather urban runoff, storm water runoff, and receiving water quality. Contractor hereby acknowledges and agrees to be familiar with the DAMP, the LIP, and the WQMP, and agrees to comply with the requirements specified therein.

1.10.4 Standard of Care. Contractor represents and warrants that all employees and subcontractors performing any Services or Work hereunder shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies described in Sections 1.10.2 and 1.10.3 of this Agreement. Contractor further represents and warrants that it, its employees and subcontractors will receive appropriate training regarding the requirements of the laws, regulations, and policies described in subsections

1.10.2 and 1.10.3 of this Agreement as they may relate to the Services.

1.10.5 Liability for Water Quality Non-Compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in subsections 1.10.2 and 1.10.3 of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its elected and appointed officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its elected and appointed officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in subsections 1.10.2 and 1.10.3 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole negligence, willful misconduct or active negligence of the City, its elected and appointed officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Contractor's failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Contractor for delay in completing the Services caused by Contractor's failure to comply with the laws, regulations, and 7 1695081.1

4.8.a
Packet Pg. 264 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance policies described in subsections 1.10.2 and 1.10.3 of this Agreement, or any other relevant water quality law, regulation, or policy.

1.11 Intentionally omitted.

1.12 Non-Exclusive Agreement. Contractor 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. Contractor 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, Contractor shall be compensated by City in accordance with the Schedule of Compensation/Fees/Hourly Rates/Unit Prices set forth in Contractor's Proposal/Scope of Work, but not exceeding the total annual maximum contract amount of Two Hundred Fifty Thousand dollars and no cents ($250,000.00) (hereinafter referred to as the "Maximum Contract Amount"), except as may be provided pursuant to Section 1.8 above and Section 2.4 below. Compensation shall be payable according to the fees and at the rates, charges and unit prices set forth in Exhibit "A" attached hereto. 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 Contractor's Proposal/Scope of Work (Exhibit "A"), in any month in which Contractor wishes to receive payment, no later than the 10
th working day of such month, Contractor 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 Work or Services performed by Contractor 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 Contractor 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 Work or 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 fees for services. 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 any documents, other work product, or work; and/or (b) to provide for additional work or services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor'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 8 1695081. l

4.8.a
Packet Pg. 265 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance 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 Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance set forth in Contractor's Proposal/Scope of Work (Exhibit "A").

3.2 Schedule of Performance. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services or Work within the time period(s) established in the Schedule of Performance set forth in Contractor's Proposal (Exhibit "A"). When requested by Contractor, 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 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 one (1) year, commencing on July 1, 2023 and ending on June 30, 2024.

3.4 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 Contractor (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 Contractor, 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 Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this section.

3.5 Task Orders. Contractor 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, Contractor hereby agrees and acknowledges that execution of this Agreement by the City does not in any way guarantee that a Task Order will be issued to Contractor. Moreover, execution of this Agreement by the City shall not entitle Contractor to any form of payment or compensation from the City without City first having issued a project Task Order.

4. COORDINATION OF WORK
9 1695081.1

4.8.a
Packet Pg. 266 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance

4.1 Representative of Contractor. The following principal of Contractor is hereby designated as being the principal and representative of Contractor 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: John R. Alvarado, President. 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 Contractor and devoting sufficient time to personally supervise the Work or Services performed hereunder. The foregoing principal may not be changed by Contractor 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 Contractor's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Contractor 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 Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation oflaw, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Services required without prior written consent of City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor 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 Contractor. City will deal directly with and will make all payments to Contractor. 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 Contractor, 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 void. No approved transfer shall release Contractor or any surety of Contractor from any liability hereunder without the express written consent of City.

4.4 Independent Contractor.

4.4.1. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Contractor a City employee. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this 10 1695081.1

4.8.a
Packet Pg. 267 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance Agreement. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officials, officers, employees, agents and volunteers shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement.

Contractor, 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 Contractor's officers, employees, representatives or agents, or in fixing their number, compensation, or hours of service. Contractor 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 Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.

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

4.4.3. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with the performance of any Work or Services under this Agreement. Except for fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing any 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 Contractor's officers, employees, representatives, subcontractors, or agents, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations.

4.5 PERS Eligibility Indemnification.

4.5.1 In the event that Contractor or any employee, agent, or subcontractor of Contractor 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, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor 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.

4.5.2 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor 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.
11 I 69508 I. I

4.8.a
Packet Pg. 268 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance

5. INSURANCE

5.1 Compliance with Insurance Requirements. 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.

5.2 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, 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:

5.2.1 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 written on an occurrence basis with limits of at least two million dollars ($2,000,000.00) per occurrence, five million dollars ($5,000,000.00) in the general aggregate, and two million dollars ($2,000,000.00) 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.

5.2.2 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 written on a per occurrence basis with limits of at least two million dollars ($2,000,000.00) 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.

5.2.3 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 subconsultants and 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.

4.8.a
Packet Pg. 269 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance Approved Surplus Lines Insurers (LASLI), by the latest edition of AM. 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 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 Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

5.4.1 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:
(A) 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
(B) 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.
(C) 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.

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

4.8.a
Packet Pg. 270 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance 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 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 subconsultants or subcontractors.

5.8 Evidence 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 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.

5.9 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.

5.10 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.

5.11 Insurance for Subconsultants. Contractor shall include all subconsultants or subcontractors engaged in any Work or Services for Contractor relating to this Agreement as additional named insureds under the Contractor's insurance policies, or Contractor 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 volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Contractor'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 14 I 69508 I.I

4.8.a
Packet Pg. 271 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance volunteers, as additional insureds. Contractor 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 Contractor pursuant to this Agreement:

5.12.1 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.

5.12.2 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 in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

5.12.3 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. 5 .12.4 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.

5.12.5 Contractor 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 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.

5.12.6 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.

6. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense with legal counsel reasonably acceptable to City), indemnify, protect, and hold 15 I 695081.1

4.8.a
Packet Pg. 272 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance harmless City, the Orange County Transportation Authority, the County of Orange, and each entity's respective 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), for damage to property, including property owned by City, or from any violation of any federal, state, or local law or ordinance, which Claims arise out of, pertain to, or are related to Contractor's performance under this 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 the extent that such Claims arise out of, pertain to, or are related to the sole negligence or willful misconduct of the City.

7. REPORTS AND RECORDS

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

Contractor 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. Contractor 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. Contractor 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, Contractor agrees that if Contractor 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 Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, 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 Contractor 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. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. Contractor shall ensure that all of its subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 16 1695081.1

4.8.a
Packet Pg. 273 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance

7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor 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 Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor 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, Contractor shall provide City, the or other agents of City, such access to Contractor'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 Contractor's performance under this Agreement. Contractor 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 five (5) years from the date of final payment by City hereunder, or completion of any audits by City or the Orange County Transportation Authority, or after final payment of debt service where local fair share reveneues were pledged, whichever is longer.

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 Contractor 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 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 Contractor thirty (30) days written notice. Upon such notice, City shall pay Contractor for Services performed through the date of termination. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination.

8.4 Default of Contractor.
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Packet Pg. 274 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance

8.4.1. Contractor's failure to comply with any provision of this Agreement shall constitute a default.

8.4.2. If the City Manager, or the City Manager's designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance.

In the event Contractor 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. Contractor 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.

8.4.3. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor 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 Contractor 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 Contractor shall not limit Contractor's liability for completion of the Services as provided herein.

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, 18 1695081.1

4.8.a
Packet Pg. 275 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance 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 Contractor, 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 Contractor 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. Contractor 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, Contractor represents and warrants that it will 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. Contractor 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 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 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
19 1695081.1

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Packet Pg. 276 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance Laguna Hills, California 92653
Telephone: (949) 707-2600
To Contractor: G2 Construction, Inc.

Attention: Eric H. Taylor
Vice President
1352 E. Borchard Ave.

Santa Ana, CA 92705
Telephone: (714) 748-4242

10.2 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.

10.3 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.

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

10.5 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.

10.6 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.

10.7. 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.

10.8 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
20 1695081.l

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Packet Pg. 277 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance

10.9 County of Orange Regional Cooperative Agreement. Contractor previously entered into Contract No. MA-080-20011478 with the County of Orange to furnish and install Trash and Debris Capture Devices ("County Agreement"). Section 15 of the County Agreement establishes a Regional Cooperative Agreement (RCA) that permits non-County public agencies to execute subordinate contracts for the same services during the effective dates of the County Agreement. Under the County Agreement, the RCA terms, conditions, and pricing shall be extended to all subordinate contracts issued. Accordingly, the City intends this Agreement to be consistent with the terms, conditions, and pricing available through the County Agreement, and the City agrees to indemnify and hold harmless the County of Orange from all claims, demand actions, or causes of action of every kind arising out of, or in any way connected with the use of this Agreement. This subsection in no way alters, impairs, or reduces Contractor's indemnification obligations to the City as required by this Agreement.
[SIGNATURES ON NEXT PAGE]
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Packet Pg. 278 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance 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

JANINE HEFT,
Mayor
ATTEST:

JENNIFER LEE,
City Clerk
APPROVED AS TO FORM:

GREGORY E. SIMONIAN,
City Attorney
"CONTRACTOR"
02 CONSTRUCTION, INC., a California
Corporation
~~ 4 c;-.;2---
.lo'R.Alvarado, President
~k,,,.,,,of
1 ,\
Lydia Alvarado, Treasu
22 1695081.1

4.8.a
Packet Pg. 279 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance EXHIBIT "A"

CONTRACTOR'S PROPOSAL/ SCOPE OF WORK
DATED: June 1, 2023

SCOPE OF SERVICES FOR PROJECT

INCLUDING,

SCHEDULE OF PERFORMANCE
AND

SCHEDULE OF COMPENSATION/ FEES/ RA TES/ UNIT PRICES
23 1695081.1

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Packet Pg. 280 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance G

CONSTRUC
2 TION, INC.

DBE, MBE, & SBE Certified
CA Lie.# 801253 -A, C8, C60
1352 E. Borchard Ave.

Santa Ana, CA 92705
www. g2construction .com
714.748.4242
May 24, 2023
Mr. Joe Ames, P.E., T.E.

Public Works Director/ City Engineer
24035 El Toro Road
Laguna Hills, CA 92653
SUBJECT: BID PROPOSAL FOR
CPS-Mod™ and ARS-CL TM SCREEN PROJECT, PHASE XI

TRASH AND DEBRIS CAPTURE DEVICES
Dear Mr. Ames,
G2 Construction, Inc. (G2) is very interested in providing services to the City of Laguna Hills for your CPS-Mod™ and ARS-CLTM SCREEN PROJECT, PHASE XI project.

As you know, G2 has fabricated and installed our proprietary devices in the City's catch basins (CBs) annually since 2009. We have installed over 640 City CBs with our patented ARS-CL TM curb-opening screens, and over 300 City CBs with our patented CPS-Mod™ Full Capture Screens.

G2 provides a 10-year Warranty to the City for all device installations, and we perform all repairs quickly using our own highly experienced team. Fortunately, our devices rarely need repair because they are made from 304 stainless steel and each device is designed and custom fabricated by G2 to the specific dimensions of each CB. This enables our devices to last much longer than the warranty period.

G2's personnel work extremely well with the City's Public Works Supervisor and maintenance team that oversee city streets and CB cleanings. Our devices are compatible with the City's street sweeping equipment and CB cleaning processes, and easy for maintenance personnel to understand. This provides for fast and effective maintenance. Our strong working relationship with City personnel enables G2's team to investigate and address minor issues before they develop into a problem.

For compatibility reasons, we believe the City is best served by installing the same state-of-the-art G2 storm water devices as installed in recent projects. Our devices have proven highly effective for the City, and help Laguna Hills meet the California Water Board's storm water trash regulations. G2 is one of the few companies with Full Capture Systems that are certified by the Water Board.

For these reasons and more, G2 Construction is uniquely qualified to continue providing our proprietary devices and installation services for the City's Phase X Screen Project. G2 will provide the full Scope of Services described in the Notice Inviting Bid and Specifications. G2 is willing and able to both sign and comply with the Sample Draft Services Agreement.

4.8.a
Packet Pg. 281 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance In addition to working with Laguna Hills, G2 Construction has fabricated and installed almost 32,000 devices for over 50 different municipalities over the past 19 years in California. G2's patented CPSMod™ and ARS-CLTM devices have been the industry standard for the past 7 years. OC Public Works and OCTA have ranked these G2 screens as the highest scoring Trash Capture Devices in their competitive RFPs, and the most selected devices for their Environmental Cleanup Program Project X annual grants for each of the past 7 years.

Attached, please find the following required documents:

2. (a) a brief description of our Company, (b) the qualifications of our management team, (c) brief biographies of staff, (d) Letters of Recommendation, and (e) Company experience with similar services provided to public agencies.

3. A statement of our Company's financial condition.

4. A proposed Schedule of Performance

5. An inventory of Company equipment

6. The Bid Proposal pages.

We thank you in advance for the opportunity to work with the City again on this project. Please do not hesitate to contact me with any questions or if additional information is needed.

Sincerely,
E
~
ric H. Taylor, LEED AP BD+C, PMP
VP, Projects Management
G2 Construction, Inc.
714.679.2550 [email protected]
2 4.8.a
Packet Pg. 282 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance

STATEMENT OF QUALIFICATIONS
Our Team for the City of Laguna Hills project has the expertise and experience needed to meet the City's scope and objectives. Here is a brief overview of our company's qualifications.

CONSTRUC
2 TION, INC.

G2 Construction (G2) has fabricated and installed almost 32,000 catch basin inserts and curb opening screen covers since 2002, and 93% of the devices were installed in Orange County or Los Angeles County. G2 has installed in over 50 different Cities on more than 180 separate projects during this time-frame, and completed them on time and on budget.

G2 leads the CB device industry by providing complete solutions - performing project & field reviews, consulting on device solutions, and then Designing, Fabricating, and Installing highly effective devices to meet their regulatory and project needs, and exceed their expectations.

Customer Satisfaction. G2 averages almost 3 different projects per City because most of G2's municipal customers are repeat customers due to high customer satisfaction. Our customers tell us they like G2's fast response, quality of field work & communication with inspectors, quality of product, always finishing on time, always finishing on budget, clear project communication and management, ability to design new solutions, reliability, and more.

Engineering Design. G2's design work has earned two patents for storm water treatment devices with our AAS-CL TM curb opening screen covers and CPS-Mod™ full capture system inserts. By combining our years of experience with computer aided design (AutoCAD), experience fabricating and installing 31,000+ devices, and learning from hundreds of installed projects, G2 is at the forefront of the storm water device industry. Each device is designed and fabricated for the specific catch basin or inlet.

Patented Designs:
,.. ... -~---~
,:·,·-~ .
, .. ;,;~~ .....
" . :\:< -~,i- . . - .-.:. \ ,. .
. .. . 4- .ll• ... ~- UNITED STATES PATENT
'-"'""'-Ulflt4
Joh11 ~ }lfoaralo
Design Collaboration with Engineers. G2 also works with engineering firms to help them with their municipal and private clients.

G2 Storm Water Device Approvals

DESIGN SERVICES
G2 Works with these
Engineering Firms:

TRC Solutions,
Michael Baker lnt'I,
Wood Environmental,
Tetra Tech,
CASC Engineering,
Black & Veatch,
Sikand Engineering,
Dokken Engineering,
Forma Engineering,
Sherwood Engineering,
D-Max, Kimley-Horn,
Civil Design, John L Hunter,
civTEC, GDR Design,
Stantec
• Orange County Public Works (OCPW): ARS-CL ™, CPS-Mod, GITS. OCPW ranks G2's storm water devices #1 in RFPs (2014-present).
• Orange County Transportation Association (OCTA) awards more grants for G2's storm water devices than any other vendor (2014-present).
• City of Los Angeles Bureau of Sanitation (LASAN) & Bureau of Engineering (BOS):
o Curb Opening Screen Cover (ARS CL™), Insert (CPS-Mod) • State Water Board - Full Capture System certified: CPS-Mod & GITS • LACDPW : ARS-CL TM, CPS-Mod, EDC13 Filter Basket
• Port of San Diego: GITS
• Association of Bay Area Governments (ABAG) Approved products (all) 3 4.8.a
Packet Pg. 283 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance G2 has designed and fabricated the most advanced stormwater protection devices to solve the needs of public agencies and private developers. Our depth of knowledge and technical experience has been the result of solving many dozens of challenges and constraints found on projects over two decades. This includes, among many others, solving for all the various catch basin types and sizes and conditions that we face in the field. We are continually learning and developing new ideas on projects and from clients.

G2 has developed a high degree of technical expertise by incorporating all phases (evaluation, consulting, design, fabrication, installation, reporting) of stormwater projects over the years.

CPS-Mod™ CB Insert
Water Board Certttied Full Capture
System
ARS-CL rM CB Screen Cover
Partial Capture System
GITS™ Grated Inlet Insert
Water Board Certitied Full Capture
System
Installation Crews. G2 experienced field and installation technicians make the difference in our success. Safety is always top priority and G2 has an excellent safety record. Our installers have become extremely familiar with all the procedures required for success and project Inspector recognize their skills and habits and continuously provide accolades.

G2's advanced methodologies for installation have made G2 the industry leader in professional installations of storm water devices. Our installers are of course, paid prevailing wage.

Project Management. G2's strong project management team and effective procedures ensures that each project is organized and executed as planned. Project Management Institute (PMI) principles are applied to a diverse set of projects. This has enabled G2 to have a 100% rate of success for completing projects on time and within budget.

G2 has developed a high degree of technical expertise in all phases (evaluation, consulting, design, fabrication, installation, reporting) of storm water projects over the years. We have become extremely familiar with all the procedures required for success.

FIELD SERVICES
I.

Project Management Institute
4 4.8.a
Packet Pg. 284 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance Qualifications - Team Management
Key personnel for the City's Catch Basin project.

Mr. Alvarado started G2 in 2001 and has grown the company to become one of the top storm water device providers in California. With 35 years of construction industry experience, he has a wide range of trade skills including welding, engineering, heavy mechanical steel pipe fabrication, and concrete removal and replacement. He holds CA Contractor licenses as a General Engineering Contractor (A), Welding Contractor (C60}, and Concrete Contractor (C-8).

As an entrepreneur Mr. Alvarado is involved in all aspects of G2's business and oversees daily operations of the team he manages. He leads his team by example in the shop and the field, and has worked with field inspectors and project managers on several hundred jobs.

He is an inventor who developed G2's patented ARS-CL Camlock Technology™ and co-developed G2's patented CPS-Mod Modular System™.

As a product designer he uses AutoCAD and Inventor software to generate custom product drawings for clients and engineering reviewers.

John will oversee all aspects of the LASAN project and will always be available ~-------~ to Mr. Magallanes and his Team.

John R. Alvarado
G2 Construction, Inc.

President
Mr. Taylor has over 24 years of experience managing projects with proven results in storm water, environmental sustainability, high-tech, and government. He has managed diverse projects for a Fortune 500 company, technology Start-Ups, and government agencies. Since joining G2 in 2012 he's project managed more than 140 catch basin Insert and Curb Opening Screen Cover projects from start to finish. He has developed G2's business with over 35 municipalities, Caltrans, and engineering firms; and worked with the California State Water Board to secure Full Capture System certification for G2's CPS-Mod™ and GITS™ devices. Mr. Taylor is the co-inventor, with Mr. Alvarado, of G2's patented CPS-Mod Modular System™.

He is a certified Project Management Professional (PMP) and LEED AP BD+C, and has earned MBA (Univ. of Maryland), MA (Univ. of TX}, and BA (UC Santa Barbara) degrees.

Eric will be the project and contract manager and will always be available to Mr. Magallanes and his Team.

Eric H. Taylor
G2. VP, Project
Management.

Role: Project Manager
Thien Tran
G2 Construction
Role: Field
Mr. Tran has 9 years of
experience installing G2's
devices, and 7 years
supervising field installers.

He has managed more than
90 successful CPS-Mod and
ARS-CL projects. He is also
an experienced shop
manager. Thien will oversee
the installation crew for the
project.

He has earned a BS in
Biochemistry from UC
Riverside.

Mr. Alvarado has 8
years of experience as
shop manager, and 5
years supervising field
work. He designs
product drawings using
AutoCAD and Inventor.

Edward will oversee the
shop operations for the
project.

He is finishing a Civil
Engineering degree at
Cal State Fullerton.

Edward Alvarado
G2 Construction
Role: Shop Ops
Manager
5 4.8.a
Packet Pg. 285 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance JOHN R. ALVARADO
Anaheim, CA
714.448.8080
[email protected]

PROFESSIONAL EXPERIENCE
G2 Construction, Inc.

President - Owner -- Founder
Primary responsibilities :
• Management of daily operations for shop fabrication and field operations while ensuring safety and productivity of the Team. Hiring, training, mentorship, leadership, and direction are daily tasks. • Overseeing all areas of the company including Strategy, Sales & Marketing, Financials, Training, etc. • Product Design. Holder of U.S. Patents for G2's ARS-CL rM and CPS-Mod™ devices.

G2 uses a wide range of trade skills from welding, engineering, heavy mechanical steel piping fabrication, to concrete removal and replacement. G2 teaches and demand safe practices across all Team member activities.

Customer needs drive our products and services, and customer satisfaction is required.

Santa Ana, CA Sept. 2001 - Present
Sims Orange Welding Supplies Santa Ana, CA April 2000 - May 2005 Facilities Operations Manager
DBL Construction, Inc. Anaheim, CA May 1998 - June 2002 Concrete Foreman
Alvarado Concrete Wildomar, CA June 1992 - April 2001
President - Sole-Proprietor
All American Asphalt Corona, CA Sept. 1987 - May 1998
Foreman I Superintendent
Petersen Bros. Santa Ana, CA Jan. 1986 - Sept. 1987
Concrete Mason
US Marine Corp San Diego, CA; San Antonio, TX;
El Toro &Tustin, CA; Okinawa, Japan June 1982 - Jan. 1988

AWARDS/ LICENCES/ EDUCATION/ SKILLS
United State Patent
United State Patent

MODULAR CONNECTOR PIPE SCREEN
CPS Modular System

DRAIN GRATE SYSTEM AND METHOD
AAS Camlock System
2018
2016
John R. Alvarado;
Eric H. Taylor
John R. Alvarado
CA State Contractor Licenses: #801253 A - General Engineering Contractor C-8 Concrete Contractor
C60 Welding Contractor
Riverside Community College. 1995-97. Construction Major Santa Ana College. 1986-88 Criminal Justice Major/ General U.S. Marine Corp. Training: Military Police Training & Accident Investigator Skilled and experienced in all welding and cutting using Flame and Plasma applications.

Skilled and experienced in Portland Concrete applications of Decorative and Industrial, and most Roadway Asphaltic applications.

AutoCAD, Inventor, Microsoft Office Word, Excel, PowerPoint 6 4.8.a
Packet Pg. 286 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance ERICH. TAYLOR
21282 Gree-nnspra)' Lane,
Huntin~.on Beach. CA 92646
714.679 . .2550
<>U)'lo,@g2construction.com

SUMMARY
Project management professional (PMP) with proven results in the stormwater treatment device industry and environmental sustainability. Senior project manager at diverse corporations including a Fortune 500 technology company, small fast-paced Internet companies and start-ups, and a governmental agency.

Strong experience and education with an MBA in rnarketi ng, MA in communication & research methods, PMP certification, and LEED AP BD+C certification. Key competencies and perspectives:

Cross-Functional Project Manag.ement
• Product & Service Development
Results Driven Team Player
• Business Development
• Strategy & Planning
• Communication & Collaboration

PROFESSIONAL EXPERIENCE
G2 CONSTRUCTION, INC. Santa Ana, CA
VP of Project Management & Business Development
Responsible for securing and project managing more than 120 stormwater treatment device projects through au phases oi customer consultation, scoping, scheduling, fabrication, installation, and completion. Work included successful projects with:

Los Angeles County Dept of Public Works and Cities throughout LA County. Extensive experience with LA County Flood Permitted projects and their Storm Water database.

Cities in Orange County implementing their storm water quality programs and installing devices, and Orange County Transportation Authority (OCTA) Environmental Cleanup Program (ECP) grant funded projects.

CAL TRANS, City of Los Angeles, and San Francisco Bay Area (ABAG).

Engineering firms and private construction companies for freeway, land development, and new home construction projects.
2012-Present
Lead the company's business development and mart.eting activities.

Consult wilh City public worlts and environmenial officials to provide solutions.

Write grants and assist clients in obtaining funding for projects ..

Apply ior and obtain product certifications such as the State Waterboord certified CPS-Mod"' and G ITS"" full capture system trash trealment devices. • Develop new business relationships across vertical markets. • Develop new products to meet customer needs.

Develop new processes for company field investigations and ins ta I lations.

INGRAM MICRO (Fortune 100), Santa Ana, CA 2007-2012
Senior Project Man.ager {Strategic Development & Execution) Responsible for creating and project managing product and service strategies. Ingram partners with IT providers such as Cisco, Apple, HP, IBM, Microsoft, Rackspace, and Symantec to sell hardware, software, managed services and cloud-based Saas to business resellers for $36 biUion in annual revenue. Worked across divisions to develop, propose, and project manage business ideas.

Manaaed Services for Print (Project Manager)
Conducted market and industry research on the remote monitoring of networked printers over the internet in combination with aJgoriihmic triggers for just-in-time delivery of supplies to customers.

Project managed a diverse, multi-functional team to launch and through implementation while preparing business owners to run the business post-launch.

Business Intelligence {Bil I Data Analysis
Strategic advisor to the director of Business Intelligence (Bl) for new strategic projects.

Conducted market analyses and determined that Bi's products could differentiate Ingram frcm competitors and create stronger customer relationships and entanglement.

Eric H. Taylor, Page 2
Sustainability Program Develooment & Project Management Created first-ever bundled "Green IT" product and service o-ffering in the IT distribution channel.

Responsible for Ingram's dramatic improvement to #33 in Newsweek's Green Rankings of the 500 largest U.S. based companies (from #441 in 2009), by creating and managing the company's greenhouse gas (GHG) program.

OC-N, ltlC. (consulting services for SMBs), Huntington Beach, CA 2002-2007 Managing Director/ Owner
Responsible for all phases of the product and project management life-cycte and P&L for a small business client. Produced S2.1M in net profits and 380% annual sales growth over 4 years, with 40%+ net margins. Helped client become the fastest growing manuiacturer of stormwater products in SoCal.

EPOCH INTERNET (now MegaPath), Costa Mesa, CA 1998-2002 Epoch pioneered cutting edge internet products and services for businesses such as high bandwidth, colocation, hosting, and pioneered software as a service (Saas).

Director, Sales Operations (2000-2002).

Managed team of 5 responsible for all sales operations activities including sales management software, training, intranet, sales compensation, contracts and departmental communication. Worked with executives in marketing, engineering, networ1<ing, IS, operations and finance.

Senior Project Manager (1998--2000). Customer Migration for Product Enablement . Project managed new Internet offerings and the migration of customers from an existing nelwort. to a new Verizon network resulting in better service, higher profit margins for the company, and created S1.7 million in cos! savings.

CYBERLINK TECHNOLOGIES, Santa Ana, CA
Program I Project Manager
1996-1998
TEXAS GOVERNOR AHN RICHARD'S OFFICE. Austin, TX 1991-1994 Director of Research
Principal investigator ot Texas' largest and most comprehensive study oi reiugees for the State of Texas.

CERTIFICATIONS & AWARDS
PMP Certified (Uc.l!t484325) - Project Management Professional LEED AP BD•+C (Lie.# 10753173)- Leadership in Energy and Environmental Design (Green Building) Accredited Professional in Building Design & Construction United States Patent
Co-Inventor

MODULAR CONNECTOR PIPE SCREEN
CPS Modular System
2018 John R. Alvarado;
Eric H. Taylor

EDUCATION
MBA in Marketing, University of Maryland (Top 20 Nationally) MA in Communication, minor in Research Methods, University of Texas, Austin (Top 5 Nationally) BA, Communication, University oi California, Santa Barbara

PUBLICATIONS
Taylor, Eric H. & Barton, Lisa S (1994). Vietnamese, Laotian, Ethiopian, & Former Soviet Union Refugees in Texas. Findings from the Texas Refugee Study. Texas Office of Immigration & Refugee Affairs.

Taylor, Eric H. & Barton, Lisa S (1994). Southeast AsiM Refugee English Proficiency & Education in Texas: Findings from the Texas Refugee Study. Texas Office of Immigration & Refugee Affairs. 7 4.8.a
Packet Pg. 287 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 February 10, 2020
Orange County Public Works
Procurement Services
601 N. Ross Street
SantaAna,CA 92701
SUBJECT: TRASH AND DEBRIS CAPTURE DEVICES - REQUEST FOR PROPOSAL City of Seal Beach - Recommendation Letter
To Whom It May Concern:

This letter of recommendation is in response to Orange County Public Works' Trash and Debris Capture Devices RFP. In my current capacity as the City of Seal Beach's Deputy Public Works Director/City Engineer, and previous capacity as the City of Buena Park's Assistant City Engineer, I have had the pleasure of working with G2 Construction, Inc. (G2) for the installation of multiple capture device's.

OCPW's master agreement in partnership with OCTA's Environmental Cleanup Program has allowed many local agencies mitigate transportation-related pollutants. Through this, G2 has provided ·a seamless approach to successful project delivery, which I have no reservations recommending. The following is a list of services performed under my purview:
• 2020 Seal Beach CPS-Mod (53 screens) + ARS-CL (95 screens) • 2019 Seal Beach CPS-Mod (55) + ARS-CL (127)
• 2018 Buena Park CPS-Mod (203) + ARS-CL (345) + GITS (38) Should you have any questions regarding G2's performance, please feel free to reach out at (562) 431- 2527, x1322 or [email protected].

Sincerely,
.i
Iris Lee
Deputy Public Works Director/City Engineer
I
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CITY OF LAKE FOREST
February 25, 2020
Mayor
Neeki Moatazedi
Mayor Pro Tern
Mike James
Council Members
Dwight Robinson
Mark Tetterner
Scott Voigts
Re: Letter of Recommendation for G2 Construction, Inc.

City Manager
Debra DeBruhl Rose
On behalf of the City of Lake Forest, I am pleased to provide a letter of recommendation for G2 Construction for the Trash and Debris Capture Device RFP.

G2 has been the City's installer of stormwater trash capture devices for more than six years and has installed more than 800 devices across the City, including the automatic retractable screen ("ARS") and connector pipe screen ("CPS") units. During that time, G2's service and products have exceeded expectations and as a result they have been designated as a sole source provider to the City of Lake Forest for catch basin debris capture devices.

G2's construction management is excellent, and any issues that arise are addressed in a timely manner. All the annual installation phases of the project have been completed on time and within budget. In the limited instances where installed devices have required maintenance or repair, G2 has responded promptly to completely address the City's needs. G2's capture devices have been critical to the City's compliance with the NPDES MS4 permit and we have found the ARS and CPS units to be very effective in preventing trash and debris from entering the storm sewer system.

G2 is among the City's best contractors to work with and I wish to recommend them for consideration.

Sincerely,
Jonathan Poole
Management Analyst
{949)461-3498
www.lakeforestca.gov
@ Printed on Recycled Paper.

Lake foresf, f.:!emember Ifie Pasf - Choffenge !J1e fufure 100 Civic Center Drive
Lake Forest, CA 92630
(949) 461-3400
Fax: (949) 461-3511 9

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BUENAGPARK
Department of Public Works
DATE:

TO:

FROM:

SUBJECT:

February 27, 2020
Orange County Public Works
Joe Hunt, Senior Management Analyst
Reference for G2 Construction
The City of Buena Park has worked with G2 Construction since 2015 to install CPS, ARS, and GITS devices on storm drains throughout the City's public right-of-way. The City has maintained a good working relationship with G2 Construction during that time and our projects have been completed on time and at maximum value to the City. I can recommend G2 Construction for future projects with your or other organizations based on our experiences. We have completed 4 projects with G2 Construction, resulting in over 1,500 screens installed.

Hunt, Senior Management Analyst
[email protected]
6650 Beach Blvd
Buena Park, CA 90622
(714 )562-3685
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Packet Pg. 290 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance February 12, 2020
Orange County Public Works
Procurement Services
60 I N orth Ross Street
Santa Ana, CA 9270 I
SUBJECT: G2 Construction, Inc. - Letter of Recommendation To Whom It May Concern:

The City of Lakewood contracted with G2 Construction on two projects to install State Water Board certified CPS-Mod connector pipe screens and GITS grated inlet trash screens. G2 successfully installed their products in 2016 and 2018 as part of the City's Full-Capture Catch Basin Insert Program to the satisfaction of the City. G2's personnel have been very capable, and both projects installed as scheduled.

Our experience with G2 has been very positive, and I can recommend their products and services. Their team has been very professional and responsive to our needs, and they were quick to provide field evaluations of our catch basins and recommendations for our project.

Some of the City's catch basins were unique and G2 was able to manufacture customized CPSMod devices that allowed us to meet regulations and the City's water quality objectives.

Please feel free to contact me if you have any additional questions.

Sincerely,
Ms. Konya Vivanti
Environmental Programs Manager
City of Lakewood
5050 Clark A venue
Lakewood CA, 90712
(562) 866-9771 ext. 2507
[email protected]
Lakewood
11 5050 Clark Avenue, Lakewood. CA 90712 • (562) 866-9771 • Fax (562 l 866-0505 • www.lakcwoodcity.org • Fmai I: service I (u lakcwoodcity.org

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G

ONSTRUC
2 TION, INC.

Portfolio of Past Work
Completed in Past 10 Years, Since 2012
G2 FABRICATION & INSTALLATION
Catch Basin Inserts & Curb Opening Screen Covers
As of Jan, 2022
Install Locations (Partial List)
CALTRANS City of Laguna Hills
City of Bell City of Anaheim
City of Bellflower City of Buena Park
City of Brea City of Cypress
City of Calabasas City of Fullerton
City of Covina City of La Habra
City of Culver City City of Lake Forest
City of Diamond Bar City of Mission Viejo
City of Hawaiian Gardens City of Placentia
City of Hawthorne City of Seal Beach
City of Inglewood City of Santa Ana
City of Irwindale City of Tustin
City of La Canada Flintridge City of Simi Valley
City of La Mirada City of Thousand Oaks
City of Lakewood Port of San Diego
City of Long Beach City of San Diego
City of Los Angeles City of Oceanside
Los Angeles County Dept. of Public Works City of Moreno Valley City of Manhattan Beach Contra Costa County
City of Maywood City of Martinez
City of Norwalk City of San Pablo
City of Paramount City of Suisun City
City of San Gabriel City of Chico
City of San Marino City of Stockton
City of Santa Clarita City of Fairfield
City of Signal Hill City of Patterson
City of South Gate City of San Mateo
City of Torrance City of Redwood City
City of West Hollywood
12 4.8.a
Packet Pg. 292 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance G

CONSTRUC
2 TION, INC.

DBE, MBE, & SBE Certified
CA Lie. # 801253 - A, CS, C60
1352 E. Borchard Ave.

Santa Ana, CA 92705
www.g2construction.com
714.748.4242

FINANCIAL CONDITION
May 24, 2023
STATEMENT: G2 Construction, Inc. is an S-Corp. G2 is financially healthy, has little debt, has an abundance of working capital and cash flow to meet all financial needs for this City of Laguna Hills project.
13 4.8.a
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CONSTRUC
2 TION, INC.

DBE, MBE, & SBE Certified
CA Lie.# 801253-A, C8, C60
1352 E. Borchard Ave.

Santa Ana, CA 92705
www.g2construction.com
714.748.4242

SCHEDULE OF PERFORMANCE
May 24, 2023
City of Laguna Hills
CPS-Mod™ and ARS-CL TM SCREEN PROJECT, PHASE XI

TRASH AND DEBRIS CAPTURE DEVICES
Action Time (from signed
contract)

1. Evaluate all catch basins and take detailed 2 weeks
measurements.

2. Fabricate custom CPS-Mod™ & ARS-CL rM 5 weeks

3. Install custom fitted CPS-Mod™ & ARS-CLTM 8 weeks

4. Inspection and sign-off 1 weeks
TOTAL PROJECT (start to finish) 16 WEEKS
14 4.8.a
Packet Pg. 294 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance G

CONSTRUC
2 TION, INC.

DBE, MBE, & SBE Certified
CA Lie.# 801253-A, C8, C60
1352 E. Borchard Ave.

Santa Ana, CA 92705
www.g2construction.com
714.748.4242

INVENTORY OF EQUIPMENT
May 24, 2023
• CNC Plasma cutter
• Multicam 3000 Series 5'x1 0' water table
• Ermaksan Power Bend 150 ton hydraulic press
• Scotchman 65 ton Iron work
• 250 amp Mig welders
• 200 amp AC/DC Inverter Tig / Stick weld machines
• Arc welder with Flux core
• Air Arc cutting torch
• Portable generators
• Large inventory power tools
Fabrication Shop. G2's fully equipped fabrication shop is capable of making over 150 custom CB Inserts and/or Curb Opening Screen Covers per week, 52 weeks per year. Highly experienced shop managers and fabricators perform fabrication work that includes CNC Plasma cutting with the shop's Multicam 3000 Series 5' x 1 O' v;ater table bed; hydrauli:c pressing with the computerized Ermaksan Power Bend 150 ton press; punching with the Scotchman 65 ton Iron worker; shop welding with the 250 amp tvlig welders & 200 amp AC/DC Inverter Tig / Stick 'Neid machines, and portable 220 amp plasma cutting machines; Arc welding with the Flux core portable suitcase and Air Arc cutting torch, and more.

Note: G2 has held a C-60 Welding license since 2004.

G2's advanced methodologies for fabrication have made G2 the industry leader in providing custom-fitted stainless-steel storm water devices.

FABRICATION

SERVICES
15 4.8.a
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CITY OF LAGUNA HILLS

BID PROPOSAL FOR
CPS-MOD™ & ARS-CL TM SCREEN PROJECT, PHASE XI

TRASH AND DEBRIS CAPTURE DEVICES

PROPOSAL SUBMISSION REQUIREMENTS
Bidder shall submit the following documents as a part of the submission of the Bid Proposal:

1. A cover letter on Company stationery including the following:
a) An expressed statement of interest in providing services to City for the Project
b) A statement expressing that the Company will provide the full Scope of Services described in the Notice Inviting Bid and Specifications c) A statement of the Company expressing its willingness and ability to sign and comply with the Sample Draft Maintenance Services Agreement d) A brief statement of the Company's experience which makes them qualified for the Project.

2. Up to ten additional sheets of information identifying:
a) The qualifications of the Company
b) The qualifications of the management staff
c) Brief biographies/resumes of key personnel
d) Letters of Recommendation from current or former clients e) Company experience with similar services provided to public agencies

3. A statement and documentation of the Company's financial condition.

4. A proposed Schedule of Performance.

5. An inventory of the Bidder's equipment (excluding hand tools).

6. All the following Bid Proposal pages.
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Packet Pg. 296 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance BIDDER'S NAME: G2 Construction, Inc.

CITY OF LAGUNA HILLS

BID PROPOSAL FOR
CPS-MOD™ & ARS-CL ™ SCREEN PROJECT, PHASE XI

TRASH AND DEBRIS CAPTURE DEVICES
TO CITY OF LAGUNA HILLS:

The undersigned CONTRACTOR hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated Project as set forth in the Notice Inviting Bid, Specifications, and Maintenance Services Agreement therefore, and to perform all work in the manner and time prescribed therein.

CONTRACTOR declares that this Bid Proposal is based upon careful examination of the work site, Notice Inviting Bid, Specifications, and Sample Draft Maintenance Services Agreement. If this Bid Proposal is accepted for award, CONTRACTOR agrees to enter into the attached Draft Maintenance Services Agreement with City at the unit and/or lump sum prices set forth in the following Proposal Bid Sheets.

CONTRACTOR 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 proposal( s ), 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.

CONTRACTOR agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workman's compensation or to undertake self-insurance in accordance with the provisions of that code, and that the CONTRACTOR will comply with such provisions of that code before commencing the performance of this Contract if awarded to it.

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

CONTRACTOR 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.

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Packet Pg. 297 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance CONTRACTOR acknowledges that it is the City's intention to award Maintenance Services Agreement for this work at the earliest possible date.

CONTRACTOR acknowledges that the scope and units of work on the Proposal Bid Sheets are approximate descriptions and estimates of work to be performed to complete this Project, that the work shall only be performed in accordance with the Notice Inviting Bid and Specifications.

CONTRACTOR'S NAME: G2 Construction, Inc. DATEti7 JJM' 2023 CONTRACTOR'S ADDRESS: 1352 E. Borchard Ave., Santa Ana, CA 92705 BY John R. Alvarado _
TITLE Presidl
~IC, G-7-
ITure)
PHONE (714)448-8080 BY -----------
Lydia Alvarado

TITLE ----------
Secretary
(Signature)
Signatures to be Notarized,
Attach ACKNOWLEDGMENT
I
I
I
I
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Packet Pg. 298 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance

CALIFORNIA ALL- PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California }
County of __ O_fl:ftN ~_b(;~----
WITNESS my hand and official seal.
£iz(Yk.,
Notary Public Signature
}
before me, -~™-~~-A-~_:I......,..~~e,~e~in-sJi+---n.-mN_e_a~7-a"'"ti~~1e~o1=th-e~offi .... fc-~) ~l?,~Ll~· L, _ personally appeared jJHN fl. A-WAf1tjJo t l':(DI A- C;. A-Lvfht-vtOo who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)jsfare subscribed to the within instrument and acknowledged to me that ~s)re/they executed the same in !)is/~r/their authorized capacity(ies ), and that by t)$/h.ef7their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. · a REBECCA TRAN ·· JC''"•>- -~\ Commiuion No. 2308553 i . lilOTAIIY PUILIC-CALIFOIINIA B ,. . · ORANGE COUNTY I¥.. ,, ... , ...... ~·"
· ,.. ,.,, I
(Notary Public Seal)
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages __ Document Date _

INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law.
• State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible.

Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.

CAPACITY CLAIMED BY THE SIGNER
□ Individual (s) □ Corporate Officer
(Title) □ Partner(s) □ Attorney-in-Fact
□ Trustee(s) □ Other _
2015 Version www.NotaryClasses.com 800-873-9865

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ontinued next page
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CONTRACTOR'S INFORMATION
CONTRACTOR certifies that the following information is true and correct:

Contractor Name -------------------------
G2 Construction, Inc.

Business Address ------------------------
1352 E. Borchard Ave., Santa Ana, CA.

FAX No. ( 714) 748-7244 Telephone ( 714) 748-4242
E-Mail address: [email protected] ------a..=--------------------- State Contractor's License No. and Class #801253 -A, C8, C60 -------'---'----------
Original Date Issued 8/1112006 Expiration Date __ 81_3_11_2_02_3 _ Years this Company has been in the Maintenance Business _2o_y,_ea_rs _ 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:

John R. Alvarado, President of G2, 1131 S. Laramie St., Anaheim, CA 92806 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:

None/ N/A
All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:

BY John R. Alvar do
(Print Name)
TITLE
----------
President
DATE
----------
5/23/2023
Continued next page
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REFERENCES
Th~ following are the names, addresses, and phone numbers for three public agencies for which CONTRACTOR has current contracts for similar work:
1 . Agency: City of Seal Beach
Address: 211 - 8th Street, Seal Beach, CA 90740
Telephone: 562.431.2527
Primary Contact Person/Title: Iris Lee, Public Works Director Years of service with this Agency: _
4 __ Type of Work: Install G2 CPS-Mod, ARS-CL, GITS
Term of Agreement: 70 Working Days Expiration Date: Aug. 30, 2023

2. Agency: City of Lakewood
------------------------
5050 Clark Ave, Lakewood, CA 90712-2603 Address: ------------------------ Telephone: _5_6_2_.8_6_6._9_77_1 _
Primary Contact Person/Title: Konya Vivanti, Environmental Programs Manager Years of service with this Agency: __ 7__ Type of Work: Install G2 CPS-Mod devices Term of Agreement: 1 year Expiration Date: 6/30/2023
--------

3. Agency: __ C_it_y_of_B_e_l_lfl_o_w_e_r _
Address: 16600 Civic Center Dr, Bellflower, CA 90706
------------------------
562.804.1424 Telephone: _
Primary Contact Person/Title: -----------------
Natalie Rivera-Estrada, acting Public Works Manager
Years of service with this Agency: __ 7 __ Type of Work: Install G2 CPS-Mod devices Term of Agreement: 1 year Expiration Date: Feb 23, 2024 Continued next page
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BIDDER'S NAME
--------
G2 Construction, Inc.

CITY OF LAGUNA HILLS

PROPOSAL BID SHEETS FOR
CPS-MOD™ & ARS-CL TM SCREEN PROJECT, PHASE X

TRASH AND DEBRIS CAPTURE DEVICES

ITEM UNIT
NO. ITEM UNIT QUANTITY PRICE AMOUNT
1 Clearing and Grubbing including LS 1 $8,000. $8,000. Mobilization 2 Catch Basin Cleaning LS 1 $3,259. $3,259.
3 Traffic Control LS 1 $14,562. $ 14 562.

G2 CPS-Mod™ Full Capture
4 System. 304 SS. Design, fabricate EA 4 $ 1,027. $4,108. & install. Up to 4.5 SF each.

G2 CPS-Mod™ Full Capture
5 System. 304 SS. Design, fabricate EA 52 $1,284. $66,768. & install. Up to 6 SF each.

G2 CPS-Mod TM Full Capture
6 System. 304 SS. Design, fabricate EA 5 $1,524. $7,620. & install. Up to 9 SF each.

G2 CPS-Mod TM Full Capture
7 System. 304 SS. Design, fabricate EA 1 $ 1,718. $ 1,718. & install. Up to 11 SF each.

G2 ARS-CL TM -5 Debris Gate - 304
8 SS; custom design, fabricate & EA 6 $1,435. $8,610.
install. 5' width, 1 screen each.

G2 ARS-CL TM -7 Debris Gate - 304
9 SS; custom design, fabricate & EA 5 $2,516. $ 12,580. install. 7' width, 2 screens each.

G2 ARS-CL ™ -10 Debris Gate -
10 304 SS; custom design, fabricate & EA 2 $2,762. $5,524. install. 1 0' width, 2 screens each.

G2 ARS-CL TM -1 Ox Debris Gate -
304 SS; custom design, fabricate & I
11 EA 1 $ 3,407. $ 3,407. install. 1 0' - 14' variable width, 3 screens each.

G2 ARS-CL ™ -14x Debris Gate -
12 304 SS; custom design, fabricate & EA 5 $4,426. $22,130. install. 14' -21' variable width, 4
screens each.

Continued Next Page
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13 304 SS; custom design, fabricate & EA 2 $5,798 $ 11,596. install. 21' width, 5 screens each.

G2 ARS-CL TM -21x Debris Gate -
304 SS; custom design, fabricate & EA 6 $6,473 $38,838. 14 install. 21' -28' variable width, 6
screens each.

G2 ARS-CL TM -28 Debris Gate -
15 304 SS; custom design, fabricate & EA 5 $8,256 $41,280. install. 28' width, 9 screens each.

TOTAL BID IN FIGURES $ 250 000.00
TOTAL BID IN WORDS: Two hu
ndred fifty thousand dollars and 00 cents. -----------------

BID PROPOSAL
IN WITNESS WHEREOF, Contractor executes and s~ts this ~osal with the names, titles, hands, and seals of all forenamed principals this;Z,_:? day of , , 2023.

NOTE: The estimated quantities listed in the Proposal Bid Sheet(s) are supplied to give an indication of the general scope of the work, but the accuracy of these figures is not guaranteed and the bidder shall make his own estimates from the drawings, plans or tables identifying the work. 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. Except where a lump sum is requested, in the case of a variation between the unit price and the total(s) shown by the bidder, the unit price will be used to calculate the total for the item based on the number of units involved in the item. The Agency reserves the right to change quantities. Upon completion of the construction, if the actual quantities show either an increase or decrease from the quantities given in the Proposal Bid Sheet(s), the Contract Unit Price will prevail.

Increases or decreases in quantities shall not be subject to Section 7-3.5.2 or 7-3.5.3 of the Standard Specifications. Full compensation to be paid will be the contract price for the actual work completed, and no additional compensation will be allowed therefor. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract, this includes rejected material not unloaded from vehicles.

Bidder further acknowledges:

Pursuant to Labor Code sections 1775.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

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CONTRACTOR NAME:

G2 Construction, Inc.

By
John R. Alvarado
President
Title
Signatures to be Notarized, Attach ACKNOWLEDGMENT
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CALIFORNIA ALL- PURPOSE

State of California }
County of 0~14::

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personally appeared :Jol.\N A::Wftt.1tQO - V!v~~fOt:N]
who proved to me on the basis of satisfactory evidence to be the persorusf whose nameks) is~ subscribed to the within instrument and acknowledged to me that he/~/tbey executed the same in his/l)JM1tj)etr authorized capacityjlse), and that by his/,Pefr/tbeir signature-'8} on the instrument the personjs); or the entity upon behalf of which the personM acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the iaws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notaryw.-<: (Notary Public Seal)
Number of Pages __ Document Date _

INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE A TT ACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law.
• State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer( s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible.

CAPACITY CLAIMED BY THE SIGNER
D Individual (s)
D Corporate Officer
(Title)
D Partner(s)
D Attorney-in-Fact
□ Trustee(s) □ Other _
2015 Version www.NotaryClasses.com 800-873-9865

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CITY OF LAGUNA HILLS
NOTICE INVITING BID FROM G2 CONSTRUCTION, INC.

FOR
CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XI

TRASH AND DEBRIS CAPTURE DEVICES
DATED: MAY 22, 2023
24 1695081.1

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CITY OF LAGUNA HILLS

CALIFORNIA
NOTICE INVITING BID FROM G2 CONSTRUCTION, INC.

FOR
CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XI

TRASH AND DEBRIS CAPTURE DEVICES
Issued: May 22, 2023
Bid Opening: June 1, 2023 at 4:00 pm

CITY OF LAGUNA HILLS
24035 EL TORO ROAD
LAGUNA HILLS, CA 92653
(949) 707-2651

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CITY OF LAGUNA HILLS

CALIFORNIA

NOTICE INVITING BID
FROM G2 CONSTRUCTION, INC.

FOR
CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XI

TRASH AND DEBRIS CAPTURE DEVICES
Prepared under the Supervision of and Approved by:

May 22, 2023
Joseph J. Ames, P.E., T.E. Date
Public Works Director/City Engineer
R.C.E. No. 66999
Expires 09/30/24

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CITY OF LAGUNA HILLS

TABLE OF CONTENTS
FOR
CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XI

TRASH AND DEBRIS CAPTURE DEVICES

NOTICE INVITING SEALED BID NB

INSTRUCTIONS TO BIDDERS IB

GENERAL PROVISIONS
Agreement GP-1
Conflicts
Bid Proposal
Award of Sample Draft Maintenance Services Agreement
Term/Extension GP-2
Method of Payment
Prevailing Wages
Emergency Numbers GP-3
Licenses
Dress Code and Appearance
Interaction with the Public
City’s Right to do Work GP-4
City Liaison
Specifications and Plans
Communications
Scheduling of Operations
Reports and Schedules
Contractor Neglect GP-5
Safety
Construction Equipment
Noise Control Requirements
Water Quality and Conservations

PROPOSAL DOCUMENTS
Proposal P-1
Contractor’s Licensing Statement P-4
References P-5
Proposal Bid Sheets P-6

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SPECIAL PROVISIONS
General SP-1
Scope of Work
Traffic Control
Cooperation and Collateral Work SP-2
Changes in Work
Storage in Public Streets Prohibited
Payroll SP-3
Insurance
Safety SP-9

SAMPLE DRAFT MAINTENANCE SERVICES AGREEMENT APPENDIX I

CITY GRANT APPLICATION TO OCTA DEBRIS GATES/SCREENS APPENDIX II

PHASE XI

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CITY OF LAGUNA HILLS
NOTICE INVITING SEALED BID FROM G2 CONSTRUCTION, INC. FOR CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XI

TRASH AND DEBRIS CAPTURE DEVICES
NOTICE IS HEREBY GIVEN that the City of Laguna Hills (hereinafter referred to as “City” or “Agency”) invites G2 Construction, Inc. (hereinafter referred to as “G2,” “Bidder,” or “Contractor”) to submit a bid for furnishing all materials, equipment, tools, labor, and incidentals as required for the above stated Project in accordance with this Notice Inviting Bid, Specifications and Sample Draft Maintenance Services Agreement on file in the City Clerk’s Department of the City of Laguna Hills.

The bid shall be received by the City Clerk at the City of Laguna Hills by 4:00 pm on June 1, 2023. The bid shall be submitted in sealed envelopes marked on the outside, “SEALED BID FOR CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XI, TRASH AND DEBRIS CAPTURE DEVICES - DO NOT OPEN WITH REGULAR MAIL.”
G2 previously entered into Contract No. MA-080-20011478 with the County of Orange to furnish and install Trash and Debris Capture Devices (“County Agreement”). Section 15 of the County Agreement establishes a Regional Cooperative Agreement (RCA) that permits non-County public agencies to execute subordinate contracts for the same services during the effective dates of the County Agreement, which, at the time of issuing this Notice Inviting Bid, is effective through June 30, 2025. Under the County Agreement, the RCA terms, conditions, and pricing shall be extended to all subordinate contracts issued, including the Sample Draft Maintenance Services Agreement if awarded by the City to G2. Accordingly, G2’s Bid Proposal must be consistent with the terms, conditions, and pricing available through the County Agreement.

The City seeks to retain a bid from G2 demonstrating its ability to provide trash and debris capture devices (specifically CPS-MOD™ & ARS-CL™ Screens), which work includes, but is not limited to, clearing and grubbing, mobilization, traffic control, catch basin cleaning, fabrication and installation of proprietary Connector Pipe Screens and Automatic Retractable Screens (the “Project”), all in accordance with the Bid Proposal. If the Bid Proposal is satisfactory to the City and meets the qualifications set forth herein, the City intends to recommend the City Council award a proposed Maintenance Services Agreement to G2 in accordance with Laguna Hills Municipal Code section 3-08.110, Exceptions to Purchasing Requirements, for reasons that include, but are not limited to:

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1. The goods and supplies, equipment, materials, and contract services are of a unique, sole source nature because of their quality, durability, availability, or fitness for a particular use and are available only from G2.

2. The goods and supplies, equipment, materials, or nonprofessional services are proprietary. Specifically, G2’s CPS-MOD™ & ARS-CL™ Screens are unique and proprietary products that are only available from G2 and fit within the City’s existing infrastructure.

3. A specific make, model, or brand is necessary to match existing City equipment or to facilitate the continuity of effective maintenance and support. The CPS-MOD™ & ARSCL™ Screens are compatible with, and are an integral component of, the City’s existing infrastructure, and the continued use of the screens would facilitate the continuity of effective maintenance and support of its trash and debris capture devices.

At the time of award of the proposed Maintenance Services Agreement, G2 shall possess a State of California Contractor’s License as appropriate for the performance of the work herein described. The City requires either the State Compensation Insurance Fund or a carrier rated B+ or above for Workers’ Compensation Insurance.

The City has determined that the work or services contemplated herein are Public Works as defined in the State of California Labor Code; therefore, such work or services shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). The applicable prevailing wage determination(s) may be obtained online at (http://www.dir.ca.qov/OPRUDPreWaqeDetermination.htm), are on file with City, and are available to any interested party upon request. It is the Bidder’s sole responsibility to incorporate the cost of complying with all prevailing wage and labor compliance requirements and all applicable laws for this Project.

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. The Bidder and its subcontractors of any tier, if any, shall maintain active registration with DIR, as appropriate, for the duration of this Project.

If awarded, the Contractor shall enter into the City's Maintenance Services Agreement, which includes provisions regarding Prevailing Wages, including, but not limited to: “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 or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of

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1675645.1

CITY OF LAGUNA HILLS

INSTRUCTIONS TO BIDDERS
FOR
CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XI

TRASH AND DEBRIS CAPTURE DEVICES

1. BID PROPOSAL FORMS
Bid Proposal(s) shall be submitted in writing on the Bid Proposal forms provided by the City. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The City will not consider any submission not meeting these requirements.

2. RESERVED

3. PROPOSAL BID SHEET
Contractor shall give unit prices for each and all of the items set forth. No aggregate proposal(s) will be considered. The Contractor 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 may change over the duration of the Project. Contractor shall make its own estimates as to the extent of the work. In case of a variation between the unit price and the totals shown by the Contractor, the unit price will be considered to be the bid.

4. DELIVERY OF BID PROPOSAL
Bid Proposals may be mailed or delivered in person. Note that during the Covid-19 Pandemic, City Hall offices may be closed and unable to accept express or messenger services deliveries on a timely basis. However, it is the Contractor’s sole responsibility to ensure delivery of the proposal to the hands of the City Clerk by the date and time required in the Notice Inviting Sealed Bid. In person drop off of Bids will be accepted beginning one hour prior to the Bid Opening date and time set forth in the Notice Inviting Bid. Call to arrange acceptance of Bids at other times at (949) 707-2651.

Sealed bids or proposals shall be submitted to the office of the City Clerk or requesting city department and shall be identified as formal competitive bids or proposals on the outside of the sealed envelope. The City Clerk or requesting city department head shall store all sealed bids in a secure location until opening.

5. IRREGULAR BID PROPOSALS
Unauthorized conditions, limitations, or provisions attached to a Bid Proposal will render it irregular and may cause its rejection. The completed Bid Proposal forms shall be

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without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered.

6. 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 which may be applicable.

7. DISQUALIFICATION OF CONTRACTORS
In the event that any Contractor acting as a prime Contractor has an interest in more than one proposal, all such proposals will be rejected, and the Contractor will be disqualified.

This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one. No Agreement will be executed unless the Contractor is licensed in accordance with the provisions of the State Business and Professions Code.

8. INTERPRETATION OF DOCUMENTS
If any person/company/corporation contemplates submission of a Bid Proposal for the proposed Project and is in doubt as to the true meaning of any part of the specifications or other proposed documents, or finds discrepancies in, or omissions from the specifications, they may submit to the City a written request for an interpretation or correction thereof. The person submitting the request 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 will not be responsible for any other explanation or interpretations of the proposed documents. Contractor shall field review the site of the Project and completely familiarize themselves with all of the work necessary to complete the Project as described in the Specifications.

9. ADDENDA OR BULLETINS
The effect of all addenda to the Documents shall be considered in the Bid Proposal, and said addenda shall be made a part of these documents and shall be returned with them.

Before submitting its Bid Proposal, each Contractor shall inform themselves as to whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued, may render its bid irregular and may result in its rejection by the City.

10. LEGAL RESPONSIBILITIES
All Bid Proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to Bid Proposal(s) for contracts of this nature whether the same are expressly referred to herein or not.

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Any Contractor submitting a Bid Proposal shall by such action thereby acknowledge they have visited the full limits and extent of the work site and agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Notice Inviting Bid, Specifications and Sample Draft Maintenance Services Agreement, which is subject to change upon final, and to full compliance therewith.

11. AWARD OF MAINTENANCE SERVICES AGREEMENT
Following a review of the Bid Proposal(s), the City shall determine whether to select the Contractor for the Project based upon multiple criteria described herein. The City shall determine whether to award the proposed Sample Draft Maintenance Services Agreement, which is subject to change upon final, in accordance with the following provisions of the LHMC:
3-08.110 Exceptions to purchasing requirements.

The procurement policies and procedures set forth in Sections 3-08.070, 3-08.080, 3-08.090 and 3-08.150 need not be followed, may be dispensed with, and are not applicable, irrespective of their estimated value, when the City Council or Purchasing Officer find and determine that the following situations, purchases, procurements or contracts apply, but are otherwise subject to the purchasing limitations set forth in this code:

A. When goods and supplies, equipment, materials, or contract services are of a unique, sole source nature because of their quality, durability, availability, or fitness for a particular use and are available only from one source. A sole source procurement is a procurement where only one source is practicably available for the type of procurement required; B. When the goods and supplies, equipment, materials, or nonprofessional services are proprietary. A proprietary procurement is a procurement where the desired good or service must be restricted to one manufacturer because the good or service is compatible with or is an integral component of existing equipment or products, is necessary to support a specific need of a program, is covered by patent or copyright, must yield absolute continuity of results, or is one with which a user has extensive experience and the use of any other similar good or service would require considerable reorientation and training. Under such circumstances, an equitable evaluation of comparable goods or services should be made showing that rejection of other goods or services is based solely on their failure to meet that need; …” F. When a specific make, model, or brand is necessary to match existing city equipment or to facilitate the continuity of effective maintenance and support; 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; At the time of award of the proposed Sample Draft Maintenance Services Agreement (Appendix I), which is subject to change upon final, the selected Bidder shall hold a Contractor’s License or a combination of licenses, as appropriate to perform the work,

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issued by the State of California. Additionally, the City reserves the right to accept any bid or portion thereof, to waive any irregularity, and to take the Bid Proposal(s) under advisement for the period of time of ninety (90) days 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 Contractor to whom the award is contemplated. No Contractor may withdraw its Bid Proposal for a period of ninety (90) days after the time set for opening thereof. Contractor shall be required to agree to the terms of the attached (see Appendix I) Sample Draft Maintenance Services Agreement, which is subject to change upon final.

12. WORKERS’ COMPENSATION CERTIFICATE
Section 3700 of the State 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 State Labor Code, the Contractor shall sign a Compensation Insurance Certificate which is included with the attached Sample Draft Maintenance Services Agreement, which is subject to change upon final, 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.

13. INITIATION OF THE SCOPE OF WORK
Bidder is notified that it is the City’s intent, to the maximum extent practical, to award the Agreement for this Notice Inviting Bid and Specifications for CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE X, Trash and Debris Capture Devices such that the Contractor shall begin work as soon as possible for the term as set forth in the Sample Draft Maintenance Services Agreement.

14.COUNTY OF ORANGE REGIONAL COOPERATIVE AGREEMENT
Bidder previously entered into Contract No. MA-080-20011478 with the County of Orange to furnish and install Trash and Debris Capture Devices (“County Agreement”). Section 15 of the County Agreement establishes a Regional Cooperative Agreement (RCA) that permits non-County public agencies to execute subordinate contracts for the same services during the effective dates of the County Agreement, which, at the time of issuing this Notice Inviting Bid, is effective through June 30, 2025. Under the County Agreement, the RCA terms, conditions, and pricing shall be extended to all subordinate contracts issued, including the Sample Draft Maintenance Services Agreement if awarded by the City to Bidder. Accordingly, Bidder’s Bid Proposal must be consistent with the terms, conditions, and pricing available through the County Agreement.

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CITY OF LAGUNA HILLS

GENERAL PROVISIONS
FOR
CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XI

TRASH AND DEBRIS CAPTURE DEVICES

1. AGREEMENT
The selected company/Contractor, by submitting their bid, is agreeing to enter into the proposed Sample Draft Maintenance Services Agreement (hereinafter “Agreement”), which is subject to change upon final. The Sample Draft Maintenance Services Agreement is attached (see Appendix I).

2. CONFLICTS
In case of any conflict between the Notice Inviting Bid, these Specifications and the Agreement, the Agreement shall take precedence.

3. BID PROPOSAL
The Bidder shall provide bid values for all sections of the Bid Proposal. The Bid Proposal shall provide unit prices for the services as shown on the Bid Schedule consistent with the County Agreement and the OC GO Project X, Environmental Cleanup Program (ECP), Measure M2, Tier 1 Grant Application for the CPS-Mod™ & ARS-CL™ Screen Project, Phase X, Full-Capture Systems and Curb-Opening Screens (see Appendix II) as described herein in the Scope of Work to include clearing and grubbing, mobilization, traffic control, catch basin cleaning, fabrication and installation of proprietary Connector Pipe Screens and Automatic Retractable Screens (the “Project”), all in accordance with the Bid Proposal. Contractor shall furnish and have accessible all required tools, equipment, apparatus, facilities, skilled labor, services, and material, to perform all work necessary to fabricate and install the CPS-Mod and ARS-CL Screens in accordance with the Proposal and the defined scope of work.

4. AWARD OF MAINTENANCE SERVICES AGREEMENT
Following a review of the Bid Proposal(s), the City shall determine whether to select a qualified Contractor for the Project based upon multiple criteria described herein. The City shall determine whether to award the proposed Sample Draft Maintenance Services Agreement, which is subject to change upon final, for the Bid Proposal in accordance with the LHMC.

The City reserves the right to accept any bid or portion thereof, to waive any irregularity, and to take the Bid Proposal(s) under advisement for the period of time of ninety (90) days 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

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qualifications of the Company/Contractor to whom the award is contemplated. No Bidder may withdraw its Bid Proposal for a period of ninety (90) days after the time set for opening thereof. Contractor shall be required to agree to the terms of the attached (see Appendix I) Sample Draft Maintenance Services Agreement.

5. TERM/EXTENSION
Unless earlier terminated as provided in the Agreement, the Agreement shall commence upon the effective date of the Agreement and shall continue in full force and effect for a period of one (1) year.

6. METHOD OF PAYMENT
The Contractor shall present, for the previous month, an invoice for the work satisfactorily completed as solely determined by City. Payment will be made monthly only after verification of completion of the scheduled work and any authorized other work. Send monthly invoices to: Director of Public Services, City of Laguna Hills, 24035 El Toro Road, Laguna Hills, CA 92653

7. PREVAILING WAGES
The City has determined that the work or services contemplated herein are Public Works as defined in the State of California Labor Code; therefore, such work or services shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). The applicable prevailing wage determination(s) may be obtained online at (http://www.dir.ca.qov/OPRUDPreWaqeDetermination.htm), are on file with City, and are available to any interested party upon request. It is the Contractor’s sole responsibility to incorporate the cost of complying with all prevailing wage and labor compliance requirements and all applicable laws for this Project.

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. The Contractor and its subcontractors of any tier, if any, shall maintain active registration with DIR, as appropriate, for the duration of this Project.

The Agreement includes provisions regarding Prevailing Wages, including, but not limited to: “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.

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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 or Services provided pursuant to this 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, 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.” Additional Prevailing Wage requirements are set forth in more detail as terms and conditions in the Agreement.

8. RESERVED

9. EMERGENCY NUMBERS
The Company/Contractor shall furnish the City with toll-free emergency telephone numbers which can be called 24-hours a day during emergency conditions. The Contractor shall make available personnel to respond to calls to alleviate emergency situations should they arise. Personnel shall be at the site of the emergency and shall initiate remedial action within two (2) hours from time of notification of emergency situations. An answering service is not adequate for emergency calls.

10. LICENSES
The Contractor shall have and maintain a State of California Contractor’s License as appropriate for the work for the duration of these services. Additionally, Contractor shall have and maintain additional licenses as required by any governmental regulation for any other regulated work. There is no City Business License requirement.

11. DRESS CODE AND APPEARANCE
The Company/Contractor shall be required to provide uniforms for personnel assigned to the Project, meeting the City’s approval. Sufficient clothing changes shall be provided to personnel to always present a neat and clean appearance of personnel at all times. All employees working in or around right-of-way must wear reflective safety vests meeting ANSI/ISEA 107-2015 Class II Standards and, as appropriate, safety helmets, safety goggles, and other safety gear.

12. INTERACTION WITH PUBLIC
All of the personnel shall exhibit and practice courteous and ethical behavior during all times of the Agreement and during all interactions with the public to the City’s satisfaction.

All personnel shall be capable of basic communication skills in the English language. Any personnel deemed not meeting the City’s standards shall be promptly removed from the Project.

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13. THE CITY’S RIGHT TO DO WORK
The City reserves the right to do work as required within any work area. If such alterations affect the provision of the Agreement, the Contractor shall submit a cost reduction to the Agreement resulting from the new work.

14. CITY LIAISON
The City representative and the Contractor’s Supervisor will meet on an as needed and requested basis to review the work completed.

15. SPECIFICATIONS AND PLANS
The work performed shall be done in accordance with the General Provisions and Special Provisions. As needed, the work will follow the Standard Specifications for Public Works Construction, latest edition, and/or Caltrans Standards, hereinafter referred to as the Standard Specifications. In case of conflict between the Standard Specifications and the City Specifications, the City Specifications shall take precedence over and be used in lieu of such conflicting portions.

Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Agreement and as defined in Appendix II.

16. COMMUNICATIONS
In addition to emergency telephone access and regularly scheduled meetings, Contractor shall maintain standard office contact methods including telephone, facsimile machine, and U.S. mail. Contractor shall maintain and utilize an email account specific to the City of Laguna Hills. Email shall be the routine communication media for submission of documents, requests, task orders, reports, etc.

17. SCHEDULING OF OPERATIONS/HOLIDAYS
The Contractor shall perform its work at such time as to minimize disturbance or interference to resident convenience, pedestrian or vehicle circulation. Contractor shall not work on City observed holidays, on Saturdays or on Sundays.

18. REPORTS AND SCHEDULES
The Contractor, as part of the Agreement, shall submit reports and schedules on a monthly basis as a pre-requisite for the submission of the Contractor’s monthly request for compensation. Such reports shall include, but are not limited to, the following:

1. Reports of work planned in the next 30-day period.

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2. Any proposals in response to City issued Task Orders or information requests.

3. Any emergency work response in the previous 30-day period.

19. PROTECTION OF EXISTING FACILITIES AND STRUCTURES
The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities both above ground and underground on the City’s property. Any damage to City property deemed by City to be caused by the Contractor’s neglect shall be corrected or paid for by the Contractor at no cost to the City. The requirement below to contact Underground Service Alert 48 hours prior to excavating shall not relieve the Contractor of the above-stated obligation.

If the City requests or directs the Contractor to perform work in a given area, it will be the Contractor’s responsibility to verify and locate any underground systems, i.e., utility lines.

This does not release the Contractor of the responsibility for taking reasonable precaution when working in these areas. Any damage or problems shall be reported immediately to the City.

20. CONTRACTOR NEGLECT
Any damage to City or private property which has been determined by the City to be due to the Contractor’s neglect or actions, shall be corrected by the Contractor at no additional cost to the City.

21. SAFETY
Contractor shall be solely responsible for providing a safe work place, and compliance with standards and regulations of the Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), and any other applicable governmental law.

22. EQUIPMENT
The Contractor shall take all necessary precautions for safe operation of its equipment and the protection of the public from injury and damage from such equipment. All equipment deemed by City to be in disrepair or unsatisfactory, shall be repaired or replaced immediately.

23. NOISE CONTROL REQUIREMENTS
The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances which apply to any work performed pursuant to the Contract. Operations and equipment producing noise are restricted to the hours of 7:00 a.m. to 4:00 p.m. It is

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the responsibility of the Contractor to become familiar with all local sound control and noise level rules, regulations, and ordinances. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the Project without said muffler.

24. WATER QUALITY REQUIREMENTS
Contractor shall be familiar with and comply with all provisions of the National Pollution Discharge Elimination System as implemented by City and via permits issued by the Santa Ana or San Diego Regional Water Quality Control Boards. Contractor shall comply with Stormwater Best Management Practices.

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CITY OF LAGUNA HILLS

BID PROPOSAL FOR
CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XI

TRASH AND DEBRIS CAPTURE DEVICES

PROPOSAL SUBMISSION REQUIREMENTS
Bidder shall submit the following documents as a part of the submission of the Bid Proposal:

1. A cover letter on Company stationery including the following:
a) An expressed statement of interest in providing services to City for the Project
b) A statement expressing that the Company will provide the full Scope of Services described in the Notice Inviting Bid and Specifications c) A statement of the Company expressing its willingness and ability to sign and comply with the Sample Draft Maintenance Services Agreement d) A brief statement of the Company’s experience which makes them qualified for the Project.

2. Up to ten additional sheets of information identifying:
a) The qualifications of the Company
b) The qualifications of the management staff
c) Brief biographies/résumés of key personnel
d) Letters of Recommendation from current or former clients e) Company experience with similar services provided to public agencies

3. A statement and documentation of the Company’s financial condition.

4. A proposed Schedule of Performance.

5. An inventory of the Bidder’s equipment (excluding hand tools).

6. All the following Bid Proposal pages.

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BIDDER’S NAME:

CITY OF LAGUNA HILLS

BID PROPOSAL FOR
CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XI

TRASH AND DEBRIS CAPTURE DEVICES
TO CITY OF LAGUNA HILLS:

CONTRACTOR 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 proposal(s), 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.

CONTRACTOR agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workman’s compensation or to undertake self-insurance in accordance with the provisions of that code, and that the CONTRACTOR will comply with such provisions of that code before commencing the performance of this Contract if awarded to it.

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CONTRACTOR acknowledges that it is the City’s intention to award Maintenance Services Agreement for this work at the earliest possible date.

CONTRACTOR’S NAME:__________________________DATE______________2023 CONTRACTOR’S ADDRESS:
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ BY
TITLE
(Signature)

PHONE ( ) BY
TITLE
(Signature)
Signatures to be Notarized,
Attach ACKNOWLEDGMENT
/
/
/
/

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/
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CONTRACTOR’S INFORMATION
CONTRACTOR certifies that the following information is true and correct:

Contractor Name________________________________________________________ Business Address_____________________________________________________ FAX No. (___)_____________ Telephone (___)_____________ E-Mail address:

State Contractor’s License No. and Class __________________________________ Original Date Issued_________________Expiration Date_____________________ Years this Company has been in the Maintenance Business _________________ 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:

BY____________________
(Print Name)
____________________
(Signature)
TITLE _____________________
DATE _____________________
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BIDDER’S NAME:

REFERENCES
The following are the names, addresses, and phone numbers for three public agencies for which CONTRACTOR has current contracts for similar work:

1. Agency: _______________________________________________________ Address: _______________________________________________________ Telephone: _____________________________________________________ Primary Contact Person/Title: _______________________________________ Years of service with this Agency: _______ Type of Work: __________________ Term of Agreement: _______________ Expiration Date: __________________

2. Agency: _______________________________________________________ Address: _______________________________________________________ Telephone: _____________________________________________________ Primary Contact Person/Title: _______________________________________ Years of service with this Agency: _______ Type of Work: __________________ Term of Agreement: _______________ Expiration Date: __________________

3. Agency: _______________________________________________________ Address: _______________________________________________________ Telephone: _____________________________________________________ Primary Contact Person/Title: _______________________________________ Years of service with this Agency: ________ Type of Work: _________________ Term of Agreement: _______________ Expiration Date: __________________ Continued next page

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BIDDER’S NAME___________________

CITY OF LAGUNA HILLS

PROPOSAL BID SHEETS FOR
CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE X

TRASH AND DEBRIS CAPTURE DEVICES
ITEM
NO. ITEM UNIT QUANTITY
UNIT

PRICE AMOUNT
1 Clearing and Grubbing including
Mobilization LS 1
2 Catch Basin Cleaning LS 1
3 Traffic Control LS 1
4 G2 CPS-Mod™ Full Capture
System. 304 SS. Design, fabricate
& install. Up to 4.5 SF each.

EA 4
5 G2 CPS-Mod™ Full Capture
System. 304 SS. Design, fabricate
& install. Up to 6 SF each.

EA 52
6 G2 CPS-Mod™ Full Capture
System. 304 SS. Design, fabricate
& install. Up to 9 SF each.

EA 5
7 G2 CPS-Mod™ Full Capture
System. 304 SS. Design, fabricate
& install. Up to 11 SF each.

EA 1
8 G2 ARS-CL™ -5 Debris Gate - 304
SS; custom design, fabricate &
install. 5' width, 1 screen each.

EA 6
9 G2 ARS-CL™ -7 Debris Gate - 304
SS; custom design, fabricate &
install. 7’ width, 2 screens each.

EA 5
10 G2 ARS-CL™ -10 Debris Gate -
304 SS; custom design, fabricate &
install. 10’ width, 2 screens each.

EA 2
11 G2 ARS-CL™ -10x Debris Gate -
304 SS; custom design, fabricate &
install. 10’ - 14’ variable width, 3
screens each.

EA 1
12 G2 ARS-CL™ -14x Debris Gate -
304 SS; custom design, fabricate &
install. 14’ -21’ variable width, 4
screens each.

EA 5
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13 G2 ARS-CL™ -21 Debris Gate -
304 SS; custom design, fabricate &
install. 21’ width, 5 screens each.

EA 2
14 G2 ARS-CL™ -21x Debris Gate -
304 SS; custom design, fabricate &
install. 21’ -28’ variable width, 6
screens each.

EA 6
15 G2 ARS-CL™ -28 Debris Gate -
304 SS; custom design, fabricate &
install. 28’ width, 9 screens each.

EA 5
TOTAL BID IN FIGURES $
TOTAL BID IN WORDS: ______________________________________ dollars and ______ cents.

BID PROPOSAL
IN WITNESS WHEREOF, Contractor executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this ______day of ___________, 2023.

Bidder further acknowledges:

Pursuant to Labor Code sections 1775.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

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Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

CONTRACTOR NAME: __________________________
By __________________________
Print
__________________________
Signature
___________________________
Title
Signatures to be Notarized, Attach ACKNOWLEDGMENT

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CITY OF LAGUNA HILLS

SPECIAL PROVISIONS
FOR
CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XI

TRASH AND DEBRIS CAPTURE DEVICES

GENERAL
The Notice Inviting Bid, Information for Bidders, Proposal, General Provisions, Special Provisions, all Appendices and the Sample Draft Maintenance Services Agreement establish the standards and specifications (hereinafter “specifications”) for CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XI, Trash and Debris Capture Devices for the City of Laguna Hills.

The Contractor shall furnish all labor, equipment, materials, tools, services, and special skills required to perform the Project, as set forth in this specification, and in keeping with the highest standards of quality and performance for the bid prices in the Proposal.

SCOPE OF WORK
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.

The bidder shall examine carefully the entire site of the work (as access permits), including but not restricted to the conditions and encumbrances related thereto, the plans and specifications, and the proposal and contract forms therefore. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of the work to be performed, the quantities of material to be furnished, and as to the requirements of the proposal, plans, specifications, and other contract documents. All work shall comply with the Bid Proposal and in conformance with the City’s OC GO Project X, Environmental Cleanup Program (ECP), Measure M2, Tier 1 Grant Application for the CPS-Mod™ & ARS-CL™ Screen Project, Phase XI, Full-Capture Systems and CurbOpening Screens (see Appendix II).

Traffic Control
Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic at all times and conduct its operation as to cause the least possible obstruction and inconvenience to public traffic. No lane closures on arterial highways will be permitted between the hours of 7:00 a.m. and 9:00 a.m. or 3:30 p.m. to 6:00 p.m. unless an emergency exists and such a closure is necessary to safeguard the traveling public.

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The Contractor shall furnish, erect and maintain such fences, barriers, lights, warning devices and signs in compliance with Part 6 "Temporary Traffic Control" of the current "California Manual of Uniform Traffic Control Devices" (MUTCD-Latest Version) published by the State of California, Department of Transportation, the standards as contain in the "Work Area Traffic Control Handbook" (WATCH-latest edition) published by Building News Inc. or as may be deemed necessary by the Director of Public Services to give adequate warning to the public at all times that the road or street is obstructed and of any abnormal conditions to be encountered as a result thereof. All staff shall, at all times, wear ANSI 107-2015, Class II safety vests.

Cooperation and Collateral Work
The Contractor is advised as to the possibility of other construction projects within the proposed construction zone by the City of Laguna Hills, 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 his work and conduct his operations so as to permit access and time as required for the concurrent work. The Contractor shall immediately notify the 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 various items of work, including any delay impacts, as shown on the proposal bid sheet and no additional compensation will be allowed.

Changes in Work
The Agency may change the Plans, Specifications, character of the work, or any quantity of work. The change shall be by written Supplemental Agreement between the Contractor and Agency on Agency’s Contract Change Order form. Change Orders shall be in writing and state the dollar value of the change or establish the method of payment, any adjustment in the Contract time of completion, and when negotiated prices are involved, shall provide for the Contractor’s signature indicating acceptance. Contractor shall not proceed with work without Agency’s written approval.

Storage in Public Streets Prohibited
Contractor is prohibited from storing equipment or materials within a public way, right-of-way, or street. The Contractor may, 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 Agency 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 without compensation. Location of site to be approved by Agency. 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

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restoration work and shall submit a copy of such release to Agency. The Notice of Completion will not be issued until said release is submitted.

Payroll
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.

Insurance
Compliance with Insurance Requirements
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 in accordance with the Draft Maintenance Services Agreement. 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.

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, 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, five million dollars ($5,000,000.00) in the general aggregate, and four million dollars ($2,000,000.00) for completed 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 two million dollars ($2,000,000.00) combined limit for each occurrence covering

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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.

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 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.

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 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
(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

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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.

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.

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.

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 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.

Evidence 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

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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, 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.

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.

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.

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.

Other Insurance Requirements.

The following terms and conditions shall apply to the insurance policies required of Contractor pursuant to this Agreement:

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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 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.

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.

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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 which might have been prevented by the Contractor:
• 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.

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. /
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Safety
The Contractor shall comply with the provisions of any Agency ordinances or regulations regarding requirements for the protection of excavations and the nature of such protection.

In connection with the performance of this contract, the City shall have the authority to enter the worksite at any time for the purpose of identifying the existence of conditions, either actual or threatened that may present a danger or hazard to any and all employees. The Contractor agrees that the City, in its sole authority and discretion, may order the immediate abatement of any and all conditions that may present an actual or threatened danger or hazard to any and all employees at the worksite.

The Contractor acknowledges the provisions of Section 6400 of the Labor Code, which requires that employees shall furnish employment and a place of employment that is safe and healthful for all employees working therein. In the event the City identifies the existence of any condition that presents an actual or threatened danger or hazard to any or all employees at the work site the City is hereby authorized to order the immediate abatement of that actual or threatened condition pursuant to this section. The City may also, at its sole authority and discretion, issue an immediate stop work order to the Contractor to ensure that no employee working at the worksite is exposed to a dangerous or hazardous condition. Any stop work order issued by the City to the Contractor in accordance with the provisions of this section shall not give rise to any claim or cause of action for delay damages by the Contractor or the Contractor’s agents or subcontractors against the City.

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APPENDIX I

DRAFT MAINTENANCE SERVICES AGREEMENT

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TRASH AND DEBRIS CAPTURE DEVICES MAINTENANCE SERVICES AGREEMENT G2 Construction, Inc.
(CPS-MOD™ & ARS-CL™ Screen Project, Phase XI, Trash and Debris Capture Devices)

THIS TRASH AND DEBRIS CAPTURE DEVICES MAINTENANCE SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective this 13th day of June, 2023, 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 G2 CONSTRUCTION, INC., a California Corporation (hereinafter referred to as “Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”

RECITALS
A. The City has received funds as part of the Orange County Transportation Authority's (OCTA) Measure M2 Project X, Environmental Cleanup Allocation Program (“Program”) with which the City intends to fund the installation of trash and debris capture devices on various catch basin locations in the City during the contract term.

B. As part of the OCTA Program, the City was awarded $200,000.00 in fiscal year 2022-2023.

C. The City has determined that there is a need to retain the services of a qualified maintenance services company capable of manufacturing and installing trash and debris capture devices (specifically, CPS-MOD™ & ARS-CL™ Screens) and performing additional related work including, but not limited to, clearing and grubbing, mobilization, traffic control, catch basin cleaning, fabrication and installation of proprietary Connector Pipe Screens and Automatic Retractable Screens (the “Project”). The City has determined that Contractor’s CPS-MOD™ & ARS-CL™ Screens are unique and proprietary products that are only available from G2 and fit within the City’s existing infrastructure. The CPS-MOD™ & ARS-CL™ Screens are compatible with, and are an integral component of, the City’s existing infrastructure, and the continued use of the screens would facilitate the continuity of maintenance and support of its trash and debris capture devices.

D. Therefore, the City waived formal bidding requirements of the Laguna Hills Municipal Code (LHMC) in awarding this Agreement to Contractor because the goods and supplies, equipment, materials, and contract services are of a unique, sole source nature because of their quality, durability, availability, or fitness for a particular use and are available only from one source (LHMC Section 3-08.110(A)); the goods and supplies, equipment, materials, or nonpforessional services are proprietary (LHMC Section 3-08.110(B)); a specific make, model, or brand is necessary to match existing City equipment or to facilitate the continuity of effective maintenance and support (LHMC Section 3-08.110(F)); and compliance with procurement policies, procedures, and/or requirements is not in the best interest of the City (LHMC Section 3-08.110(J)).

E. Contractor previously entered into Contract No. MA-080-20011478 with the County of Orange to furnish and install Trash and Debris Capture Devices (“County Agreement”). Section 15 of the County Agreement establishes a Regional Cooperative Agreement (RCA) that permits

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non-County public agencies to execute subordinate contracts for the same services during the effective dates of the County Agreement, which, at the time of entering into this Agreement, is through June 30, 2025. Under the County Agreement, the RCA terms, conditions, and pricing shall be extended to all subordinate contracts issued. This Agreement is intended to be consistent with the terms, conditions, and pricing available through the County Agreement.

F. In response to City’s Notice Inviting Bid for CPS-MOD™ & ARS-CL™ Screen Project, Phase XI, Trash and Debris Capture Devices dated May 22, 2023, Contractor has submitted to City a proposal, dated June 1, 2023, which work includes, but is not limited to, clearing and grubbing, mobilization, traffic control, catch basin cleaning, fabrication and installation of proprietary Connector Pipe Screens and Automatic Retractable Screens (specifically CPS-MOD™ & ARS-CL™ Screens), for the Project pursuant to the terms of this Agreement.

H. City desires to retain Contractor to provide such trash and debris gate installation services for the Project.

AGREEMENT

1. MAINTENANCE SERVICES

1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Contractor promises and agrees to furnish and install trash and debris capture devices to City for the Project as set forth in Contractor’s Proposal/Scope of Work, dated June 1, 2023, and as set forth in City’s Notice Inviting Bid for CPS-MOD™ & ARS-CL™ Screen Project, Phase XI, Trash and Debris Capture Devices, dated May 22, 2023, which are each attached hereto as Exhibit “A” and Exhibit “B” respectively and are incorporated herein by reference (hereinafter referred to as the “Services” or “Work”). As a material inducement to the City entering into this Agreement, Contractor acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills, equipment, personnel, labor, and abilities and that, consistent with this understanding, Contractor’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 service and work and with the standards recognized as being employed by contractors in the same discipline in the State of California. Contractor represents and warrants that it is skilled in the 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. Contractor represents and warrants that it and all of its employees and subcontractors

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providing 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; (2) City’s Notice Inviting Bid for CPS-MOD™ & ARS-CL™ Screen Project, Phase XI, Trash and Debris Capture Devices, dated May 22, 2023 (hereinafter referred to as “Notice Inviting Bid”); and, (3) the Contractor’s signed, original Proposal/Scope of Work, dated June 1, 2023 (“Contractor’s Proposal”) submitted to City in response to City's Notice Inviting Bid for the Project, which shall all be referred to collectively hereinafter as the “Contract Documents.” The Contractor’s Proposal and City’s Notice Inviting Bid, which are both attached hereto as Exhibit “A” and Exhibit “B,” respectively, are hereby incorporated by reference and are made a part of this Agreement. All provisions of this Agreement, the Contractor’s Proposal, and the City’s Notice Inviting Bid, including the City’s Project Specifications, 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; (2nd) the terms, conditions, requirements, and provisions of the City’s Notice Inviting Bid (Exhibit “B”); and (3rd) the provisions of the Contractor’s Proposal (Exhibit “A”).

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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 Contractor’s Proposal/Scope of Work (Exhibit “A”) or to 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 Contractor, incorporating therein any adjustment in (i) the 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 Contractor. It is expressly understood by Contractor that the provisions of this section shall not apply to the Work and Services specifically set forth in the Contractor’s Proposal/Scope of Work or reasonably contemplated therein, regardless of whether the time or materials required to complete any Work or Services identified in the Contractor’s Proposal/Scope of Work exceeds any time or material amounts or estimates provided therein.

1.9 Prevailing Wages. The City has determined that the Work and Services under this Agreement requires work of labor categories which are subject to Prevailing Wage Laws identified in the State of California Labor Code. 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, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non4.8.a Packet Pg. 347 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance 5 1695081.1
payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its elected and appointed 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. Contractor understands and agrees to comply with the following California Labor Code compliance conditions [Labor Code Sections 1720 et seq., 1813, 1860, 1861, 3700]:

1.9.1. This 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.

1.9.2. 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.

1.9.3. 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 (h 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.

1.9.4. 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).

1.9.7. 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

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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.)

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

1.9.9. 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.

1.10 Water Quality Management and Compliance.

1.10.2 Compliance with Water Quality Laws, Ordinances, and Regulations.

Contractor shall keep itself and any subcontractors, staff, agents, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by, the performance of the Services or Work, including, without limitation, all applicable provisions of: the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal. Water Code § 1300 et seq.); and any and all regulations, policies, or permits issued

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pursuant to any such authority. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local or state agency having jurisdiction over the location where the Services or Work are to be performed, conducted, or provided, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.

1.10.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances, and regulations listed in subsection 1.10.2, Contractor shall comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the City of Laguna Hills Local Implementation Plan (“LIP”), and the applicable Water Quality Management Plan (“WQMP”). Such documents contain the Model Maintenance Procedures with Best Management Practices (“BMPs”). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dryweather urban runoff, storm water runoff, and receiving water quality. Contractor hereby acknowledges and agrees to be familiar with the DAMP, the LIP, and the WQMP, and agrees to comply with the requirements specified therein.

1.10.2 and 1.10.3 of this Agreement as they may relate to the Services.

Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its elected and appointed officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its elected and appointed officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in subsections 1.10.2 and 1.10.3 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole negligence, willful misconduct or active negligence of the City, its elected and appointed officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Contractor for delay in completing the Services caused by Contractor’s failure to comply with the laws, regulations, and

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policies described in subsections 1.10.2 and 1.10.3 of this Agreement, or any other relevant water quality law, regulation, or policy.

1.11 Intentionally omitted.

2. COMPENSATION

2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation/Fees/Hourly Rates/Unit Prices set forth in Contractor’s Proposal/Scope of Work, but not exceeding the total annual maximum contract amount of Two Hundred Fifty Thousand dollars and no cents ($250,000.00) (hereinafter referred to as the "Maximum Contract Amount"), except as may be provided pursuant to Section 1.8 above and Section 2.4 below. Compensation shall be payable according to the fees and at the rates, charges and unit prices set forth in Exhibit “A” attached hereto. 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 Contractor’s Proposal/Scope of Work (Exhibit “A”), in any month in which Contractor wishes to receive payment, no later than the 10th working day of such month, Contractor 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 Work or Services performed by Contractor 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 Contractor within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical.

2.3 Intentionally omitted.

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

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this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.

3. SCHEDULE OF PERFORMANCE

3.2 Schedule of Performance. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services or Work within the time period(s) established in the Schedule of Performance set forth in Contractor's Proposal (Exhibit “A”). When requested by Contractor, 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.

4. COORDINATION OF WORK

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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 Contractor’s responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Contractor 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 Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor 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. Contractor shall not contract with any other entity to perform the Services required without prior written consent of City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor 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 Contractor. City will deal directly with and will make all payments to Contractor. 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 Contractor, 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 void. No approved transfer shall release Contractor or any surety of Contractor from any liability hereunder without the express written consent of City.

4.4 Independent Contractor.

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Agreement. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents and volunteers shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement.

Contractor, 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 Contractor’s officers, employees, representatives or agents, or in fixing their number, compensation, or hours of service. Contractor 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 Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.

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

4.4.3. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with the performance of any Work or Services under this Agreement. Except for fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing any 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 Contractor’s officers, employees, representatives, subcontractors, or agents, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations.

4.5 PERS Eligibility Indemnification.

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5. INSURANCE

5.1 Compliance with Insurance Requirements. 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.

5.2 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, 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:

5.2.1 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 written on an occurrence basis with limits of at least two million dollars ($2,000,000.00) per occurrence, five million dollars ($5,000,000.00) in the general aggregate, and two million dollars ($2,000,000.00) 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.

5.2.3 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 subconsultants and 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.

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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 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 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 Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

5.4.1 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:
(A) 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
(B) 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.
(C) 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.

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

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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 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 subconsultants or subcontractors.

5.8 Evidence 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 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.

5.9 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.

5.11 Insurance for Subconsultants. Contractor shall include all subconsultants or subcontractors engaged in any Work or Services for Contractor relating to this Agreement as additional named insureds under the Contractor’s insurance policies, or Contractor 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 volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Contractor’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

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volunteers, as additional insureds. Contractor 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 Contractor pursuant to this Agreement:

5.12.4 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.

6. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify, protect, and hold

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harmless City, the Orange County Transportation Authority, the County of Orange, and each entity’s respective 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), for damage to property, including property owned by City, or from any violation of any federal, state, or local law or ordinance, which Claims arise out of, pertain to, or are related to Contractor’s performance under this 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 the extent that such Claims arise out of, pertain to, or are related to the sole negligence or willful misconduct of the City.

7. REPORTS AND RECORDS

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

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7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, the or other agents of City, such access to Contractor’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 Contractor’s performance under this Agreement. Contractor 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 five (5) years from the date of final payment by City hereunder, or completion of any audits by City or the Orange County Transportation Authority, or after final payment of debt service where local fair share reveneues were pledged, whichever is longer.

8. ENFORCEMENT OF AGREEMENT

8.4 Default of Contractor.

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

8.4.2. If the City Manager, or the City Manager’s designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance.

In the event Contractor 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. Contractor 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.

8.4.3. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor 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 Contractor 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 Contractor shall not limit Contractor’s liability for completion of the Services as provided herein.

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,

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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

10. MISCELLANEOUS PROVISIONS

To City: City of Laguna Hills
Attention: City Manager
24035 El Toro Road

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Laguna Hills, California 92653
Telephone: (949) 707-2600
To Contractor : G2 Construction, Inc.

Attention: Eric H. Taylor
Vice President
1352 E. Borchard Ave.

Santa Ana, CA 92705
Telephone: (714) 748-4242

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

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

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10.9 County of Orange Regional Cooperative Agreement. Contractor previously entered into Contract No. MA-080-20011478 with the County of Orange to furnish and install Trash and Debris Capture Devices (“County Agreement”). Section 15 of the County Agreement establishes a Regional Cooperative Agreement (RCA) that permits non-County public agencies to execute subordinate contracts for the same services during the effective dates of the County Agreement. Under the County Agreement, the RCA terms, conditions, and pricing shall be extended to all subordinate contracts issued. Accordingly, the City intends this Agreement to be consistent with the terms, conditions, and pricing available through the County Agreement, and the City agrees to indemnify and hold harmless the County of Orange from all claims, demand actions, or causes of action of every kind arising out of, or in any way connected with the use of this Agreement. This subsection in no way alters, impairs, or reduces Contractor’s indemnification obligations to the City as required by this Agreement.
[SIGNATURES ON NEXT PAGE]

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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

JANINE HEFT,
Mayor
ATTEST:

JENNIFER LEE,
City Clerk
APPROVED AS TO FORM:

GREGORY E. SIMONIAN,
City Attorney
“CONTRACTOR”
G2 CONSTRUCTION, INC., a California
Corporation
John R. Alvarado, President
Lydia Alvarado, Treasurer

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EXHIBIT “A”
CONTRACTOR’S PROPOSAL/ SCOPE OF WORK
DATED: June 1, 2023

SCOPE OF SERVICES FOR PROJECT

INCLUDING,

SCHEDULE OF PERFORMANCE
AND

SCHEDULE OF COMPENSATION/ FEES/ RATES/ UNIT PRICES

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EXHIBIT “B”

CITY OF LAGUNA HILLS
NOTICE INVITING BID FROM G2 CONSTRUCTION, INC.

FOR
CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XI

TRASH AND DEBRIS CAPTURE DEVICES
___________________________________________________________________ DATED: MAY 22, 2023

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APPENDIX II
OC GO PROJECT X, Environmental Cleanup Program (ECP)
Measure M2, Tier 1 Grant Application
CPS-Mod™ & ARS-CL™ Screen Project, Phase XI
Full-Capture Systems and Curb-Opening Screens

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OC GO PROJECT X
Environmental Cleanup Program (ECP)
Measure M2, Tier 1 Grant Application
CPS-Mod™ & ARS-CL™ Screen Project, Phase XI
Full-Capture Systems and Curb-Opening Screens
Prepared For:

Alison Army
Orange County Transportation Authority
600 South Main Street
Orange, CA 92863-1584
(714) 560-5907
Prepared By:

Amber Shah, P.E.

City of Laguna Hills
24035 El Toro Road, Laguna Hills
(949) 707-2655
June 2, 2022

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TABLE OF CONTENTS

1. COVER 1

2. TABLE OF CONTENTS 2

3. APPLICATION 3

4. ATTACHMENTS 15
A. Calculations & Support Documentation for Question #2 and #3 16 B. Detailed Project Estimate, Warranty 22
C. Location Maps & Site Photos 31
D. Detailed Project Schedule 43
E. Design Drawings & Product Info 66
F. City Council Resolution 83
G. Project Drainage Areas, Priority Land Uses, and KMZ files 87 H. Vendor and Installer Qualifications 94
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PROJECT X
2022 Tier 1 Call for Projects Application for Funding
2022_ECP Tier 1 Application (02/23/2022) Page 1 of 12

APPLICATION INSTRUCTIONS
Local Agencies applying for Project X ECP funds are required to complete and submit this application. Any projects not in compliance with the CTFP Guidelines will not be eligible for funding.

SECTION I: General Project Information
Applicant Information
Agency: CITY OF LAGUNA HILLS
Project Title: PHASE XI CATCH BASIN CPS-Mod & ARS-CL SCREEN PROJECT Device Type(s) &
Quantity:
62 CPS-Mod Full Capture Systems & 129 ARS-CL Curb-Opening Screens (in 32 catch basins)
Project Manager: Amber Shah, P.E. Acting Public Services Director Phone: 949.707.2657
Email: [email protected]
Proposed Funding Summary
Total Project Cost: $250,000 Local Match:
(Cash Only, 20% minimum) $50,000
M2 ECP Funds
Request: $200,000
Project is Part of a
Larger Construction
Effort:

No
Project Readiness & Schedule
City Council Approval: 6/28/2022
Design & Permitting (If Applicable) NA
Award of Contract 12/1/2022
Construction/Installation (Start and Completion) Start: 2/1/2022 Completion: 3/31/2022
Application Checklist

YES N/A
A Environmental Documentation (As Applicable) ☐ 
B Detailed Project Estimate  ☐
C Location Maps & Project Site Photos  ☐
D Detailed Project Schedule  ☐
E Design/Concept Drawings  ☐
F City Council Resolution  ☐
G Project Drainage Area(s), Priority Land Use(s), and BMP Location(s) shapefiles/KMZs  ☐
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PROJECT X
2022 Tier 1 Call for Projects Application for Funding
2022_ECP Tier 1 Application (02/23/2022) Page 2 of 12
Project Description – Describe the project location and the Tier 1 type improvements proposed. If the project is included in an existing Integrated Water Management Plan, please provide details on why it was included. Use additional pages as needed.

The City’s proposed project for OCTA’s Project X grant funds installs street scale connector pipe screens (CPS-Mod) and curb-opening automatic retractable screens (ARS-CL) in MS4 catch basins (CBs) in the northwest, central and south, and east side of Laguna Hills. The CBs for BMP devices receive storm water runoff from 234 total acres of which 172 acres are in priority land use (PLU) areas. This project will protect water quality in 3 watersheds.

The 21 northwest location CBs are in the Newport Bay Watershed (105 acres). This includes the area east of Moulton Parkway and south of Lake Forest Rd on both sides of Santa Vittoria with many high-density residential complexes. These roadways were made for mass transportation and have bus stops throughout.

The 48 central and southern CBs are in the Aliso Creek Watershed (125 acres). This includes the commercial Oakbrook Office Building at Avenida De La Carlota and Los Alisos Blvd; three high-density residential complexes at Moulton Pkwy and Alicia Pkwy; and sections of arterial roadway on Moulton Pkwy, La Paz Rd, and underneath CA-73 and Greenfield Dr. The 6 eastern CBs are in the San Juan Creek Watershed (4 acres) including arterials Cabot Rd and Paseo de Valencia. A grant from OCTA will produce significant storm water quality benefits and will not supplant any existing City water quality programs.

The G2 Construction fabricated and installed CPS-Mod™ Full-Capture System and ARS-CL™ are the City’s selected Tier 1 BMPs because they provide two levels of pollutant filtration. The ARS-CL devices screen the entire width of curb-openings to prevent pollutants 3/4" or larger from entering. The CPS-Mod is a full-capture system (State Water Board certified) that installs around the CB discharge pipe and prevents everything 5mm or larger from escaping the CB and flowing downstream.

The pollution reduction benefits meet both the fractional percent of 1-yr, 1-hr event peak flowrate and the fractional percent of the 85th percentile of the 24-hr design event (see Attachment A calcs). These ARS-CL and CPS-Mod BMP devices are 100% effective in capturing visible pollutants, and after evaluating many other BMP types we continue to believe these are by far the best choice for Laguna Hills.

This project will install 62 CPS-Mod screens in 62 CBs. About 1/2 of these CBs will also receive an ARSCL, and the other 1/2 already have one installed. This project will install ARS-CL devices on 32 CBs. This project includes custom design, fabrication, and installation by our contractor G2 Construction. The project will treat storm water for 172 PLU acres at a cost of only $1,457 per PLU acre.

In 2011 the City funded a pilot program and installed first-generation ARS in many of the CBs targeted this year. While those old-design ARS were effective during their 3-year warranty they were prone to malfunction, were not made of stainless steel, and are no longer functioning or useful. The ARS-CL is a significant upgrade in design and quality from earlier curb screens. Installing ARS-CL to replace old and failing screens was approved by ECP Project X management in 2019 because none of the old screens were funded by OCTA and beyond useful life.

Based on past experience, this project will be ready for installation within two months of executing an Agreement with OCTA. G2 Construction has always successfully finished our projects within several months of receiving an agreement and we expect next year will be the same. The ARS-CL installed in the City have had a positive effect on public awareness. Residents of Laguna Hills and visitors see the attractive stainless-steel screens protecting storm water throughout the City. By monitoring and measuring what comes out of our CBs and maintaining our installed devices we continue to build our storm water treatment knowledge and improve the environment.

Since 2013, City Staff have chosen to have G2’s ARS-CL and CPS-Mod screens installed with assistance from this OCTA ECP Tier 1 grant program. Thank you in advance for consideration of this grant application.
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PROJECT X
2022 Tier 1 Call for Projects Application for Funding
2022_ECP Tier 1 Application (02/23/2022) Page 3 of 12
SECTION II: Detailed Project Information & Scoring

1. Describe the need for the selected BMP(s), including nexus to transportation pollutants, and detail the benefits to water quality the BMP(s) will achieve. (up to 15 Points) The City needs the selected CPS-Mod™ and ARS-CL™ screens installed in our existing MS4 catch basins (CBs) because they are highly effective at capturing pollutants, trash and debris during and before storm events. This project will install devices in 75 CBs with a direct nexus to transportation pollutants throughout the City including Priority Land Use (PLU) areas with 172 acres of high-density, mixed-use commercial, and arterial roadways, and 62 acres of non-PLU residential. When it rains all storm water flushes the trash, pollutants, and debris from the PLU area’s roadways, sidewalks, parking lots, properties, and facilities (See Maps in Attachment C) into the CBs targeted in this project. Both BMP devices are excellent at capturing this pollution in Laguna Hills before it flows out of the City.

The CPS-Mod and ARS-CL screens protect water quality in three watersheds. In the City’s northwest targeted CBs flow into San Diego Creek and through the Newport Bay Watershed before draining in the Upper Newport Bay. This watershed’s 303(d) listings have resulted in Watershed TMDLs for metals, nutrients, pathogens, pesticides, organics, and siltation. The central and southern CBs are in the Aliso Creek Watershed and flow into Aliso Creek, and the eastern CBs flow to San Juan Creek (all with 303(d) pollutants) and into the Pacific Ocean.

The ARS-CL curb-opening screens effectively stop all trash and debris that is ¾” or greater from entering the CBs during dry weather, and the City’s street sweeping program collects these pollutants twice monthly. These devices will be installed in 32 CBs which are located on busy arterial streets of Santa Vittoria, Ridge Route, Moulton Parkway, and some residential streets. This project will install ARS-CL screens covering 467 linear feet of curb-openings and protect 109 PLU acres. The ARS-CL captures 85 to 90% of debris that typically flows into CBs and clog the 5mm holes of the CPS-Mod and impair that screen’s treatment capacity.

The CPS-Mod Full Capture System is extremely effective as the final line-of-defense when trash and debris escapes past the ARS-CL during heavy storm events. The CPS-Mod’s patented design stops 100% of particles 5mm or larger from exiting the CB and flowing downstream and is certified by the State Water Board. This project will install 62 CPS-Mod in CBs with existing or new ARS-CL screens, and protect 72 acres that are designated PLU. The designed CPS-Mod are sized to exceed the 1-year, 1-hour storm event (See Attachment A calcs).

The benefits to water quality that this project will achieve include capturing all pollution from 234 acres from entering OC’s waterways through MS4 catch basins. This will reduce the 303(d) pollutants downstream (including Selenium, Total Nitrogen as N, and Toxicity). It will also reduce visible pollutants in OC creeks and on beaches, and this will reduce the negative and deadly impacts to fish and wildlife. This project is estimated to capture over 4,000 cubic feet of trash and debris yearly (see Attachment E) that flow into CBs on transportation routes where vehicles deposit of metals (copper lead, zinc), tire wear, hydrocarbons, and people generate trash. The residential areas also generate pollutants from landscaping (organic chemicals and compounds, sediment, nutrients, decaying vegetation), animal waste, vehicle metals, and litter that contribute to downstream pollution.

Both devices are custom fabricated by G2 Construction from 304 stainless-steel and installed to fit each unique CB and come with a 10-year warranty. Installing these BMPs is the City’s best opportunity to stop the highest volume of transportation-generated pollutants at their source before exiting the City’s CBs and traveling downstream through Orange County. These devices are an excellent fit with the City’s street sweeping and CB maintenance programs and are very cost effective relative to alternative solutions.

In summary, this project will install 62 CPS-Mod in 62 CBs, and 129 unique ARS-CL screens in 32 CBs.

We have again selected G2 Construction's ARS-CL and CPS-Mod because they are highly effective and robust, are OCTA ECP and OCPW approved, and the best value. The City’s experience with G2 and their devices has been very positive, and we are pleased with their product effectiveness and the company's level of service.
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PROJECT X
2022 Tier 1 Call for Projects Application for Funding
2022_ECP Tier 1 Application (02/23/2022) Page 4 of 12

2. Based on information provided by the applicant, a cost/benefit calculation will be conducted to compare the total project cost to the area of priority land uses treated by the proposed BMP(s). Please complete the table below: (up to 16 points):

BMP(s)
Type 1 Type 2, etc.

Type(s) of BMP(s) proposed:

CPS-Mod™
Full-Capture
Screens by G2
ARS-CL™
Curb Screens
by G2
Number of each BMP type: 62 129
Total drainage area(s) contributing to each BMP type: 133 128 Total
Drainage area(s) that is/are considered Priority Land Uses*: 71 109 172 Total Project Cost: $250,000
Cost/Benefit ($/ac of priority land uses): $1,457
Project Score (to be completed by OCTA): Click to enter text.
*Refer to City General Plans for general land use distribution/coverage information. Refer to the Statewide Trash Provisions for a complete definition of Priority Land Uses (e.g. high density residential, industrial, commercial, mixed urban, public transportation stations).

3. Pollutant Reduction Benefits: Project benefits will be based on treatment capacity and BMP type.

Applicant to provide the calculations used to determine the following scores: (up to 12 points):

Line Factor Points
Available Multiplier Line Score
A Fractional percent of 1-yr, 1-hr event peak flowrate treated by the BMP(s) 0 to 1 3 3 B Fractional percent of 85th percentile, 24-hr design event that is treated by the BMP(s) 0 to 1.5 3 4.5
C
BMP Multiplier:
0 to 1 6 0
•0 points if BMP is not low-impact development (LID) or treatment control •1/3 point for high capacity systems
•2/3 point for filters/biofilters
•1 point for zero-discharge BMPs
Project Score: 7.5
Scoring Equation (Max 12 points): (Ax3) + (Bx3) + (Cx6) Calculations may be provided on a separate sheet
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PROJECT X
2022 Tier 1 Call for Projects Application for Funding
2022_ECP Tier 1 Application (02/23/2022) Page 5 of 12

4. How effectively will the proposed project deal with the more visible forms of pollutants, such as litter and debris? (up to 10 points)
The City's proposed project is extremely effective in preventing visible forms of pollutants from entering waterways and ending up in the receiving waters downstream and on County beaches.

With the installation of this project’s CPS-Mod and ARS-CL devices we know that 100% of visible pollution that enter the targeted CBs will be captured in Laguna Hills, and 0% of this trash and debris will flow out of the City into the Newport Bay Watershed, Aliso Creek Watershed, or San Juan Creek Watershed.

Our project has two excellent lines of defense that ensures this.

First, the full-capture CPS-Mod™ will stop 100% of visible pollutants that get past the ARS-CL and enter the catch basin. The CPS-Mod devices will stop everything 5mm and larger from exiting the catch basin and entering the connector pipe and waterways. These visible pollutants such as plastic (bottles, cups, bags, wrappers, containers, straws, utensils), face masks, Styrofoam (packaging, food containers, cups), aluminum and metal cans, cardboard, paper, cigarettes and more are screened from the water before ever entering the connector pipe and waterways.

Second, the ARS-CL™ screens are designed to stop the most visible pollutants from ever entering our catch basins. The ARS stops everything ¾” or larger from entering the catch basin and our weekly street sweeping program removes this debris quickly. Also, the ARS-CL screens close off the entire curb opening of our catch basins, and physically prevent people from consciously or unconsciously putting trash into the catch basin. This acts as an excellent deterrent to polluters and reminds everyone that trash and pollutants should never be discarded into the storm drain system.

The proposed CPS-Mod and ARS-CL project is the most effective solution for stopping the most visible forms of pollutants from entering the storm water system. Installation of these catch basin screens is the most cost-effective method for preventing trash from traveling downstream. This enables the City to continue installing and maintaining these devices throughout the City.

The City of Laguna Hills has been advocating for a clean environment for decades, and educating the public is an essential part of this commitment. When our residents see installed catch basin screening devices they understand that trash and other items should not be disposed of in the catch basin. This education is expected to reduce the amount of pollution generated and that our new devices will need to stop.
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PROJECT X
2022 Tier 1 Call for Projects Application for Funding
2022_ECP Tier 1 Application (02/23/2022) Page 6 of 12

5. What other BMP types were considered for this project? Why was the proposed BMP (5 points) The City considered many alternative BMPs prior to selecting G2's CPS-Mod and ARS-CL screens.

1. Hydrodynamic separators were considered, but the cost and value did not justify pursuing this BMP. The cost per acre for treatment was very high.

2. Bioretention basins have some advantages that the City finds appealing. However, the cost per location makes it difficult to justify at this time. Additional research is needed before selecting this BMP.

3. Filter baskets inside catch basins were tested several years ago, but they had limits to their effectiveness and had high maintenance needs. Plus, filter baskets are not considered a fullcapture system. In all respects, less attractive than the selected devices.

4. Permeable pavement is a good option for allowing stormwater to pass water into the ground below, but it does not have a trash capture element to it.

5. Irrigation systems were considered but not a good alternative at this time.

We selected the CPS-Mod and ARS-CL for this project because they deliver greater value than the other options. Effectiveness and affordability for these custom fabricated and installed systems allows for a high number of CBs to be installed.

Additional Info. The City participants in several BMP programs now:

A. Street sweeping. The City has our arterial streets swept weekly and residential streets swept twice per month. Sweeping in conjunction with our installed ARS-CL is extremely effective in preventing trash from entering our catch basins.

B. Litter control through enforcing anti-litter laws; providing litter receptacles in busy and high pedestrian traffic areas of the community such as at bus stops and along trails.

C. Cleaning litter receptacles on a regular basis to avoid litter overflow.

D. Waste reduction by promoting recycling and providing recycling containers in busy, high pedestrian traffic areas of the community.

E. Community education in the form of posters in public places, door hangers, school visits, and clean-up campaigns. The problem with these is they are labor intensive, costly, and require ongoing support. They also do not completely change people's behavior. 8 4.8.a
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PROJECT X
2022 Tier 1 Call for Projects Application for Funding
2022_ECP Tier 1 Application (02/23/2022) Page 7 of 12

6. Provide information on proposed BMP performance efficiency and/or effectiveness, including pollutant capture, storage capacity, flow capacity, etc. (up to 6 points) Performance Effectiveness:

CPS-Mod™ - 100% reduction in pollutant capture 5mm or larger. Full Capture System certified.

ARS-CL™ - 88% reduction in litter, debris, and pollutants (by weight).

Storage Capacity:

CPS-Mod™ - 30 cubic feet (W=7’); 55 cubic feet (W=14’)
ARS-CL™ – unlimited volume prevented from entering CB. Works in combination with street sweeping to collect pollutants and debris.

Filtered Flow Rates in CFS (cubic feet per second) at 75% of maximum:

CPS-Mod™: 4.5 sqft screen = 4.9 CFS; 6.0 sqft = 6.5 CFS; 9.0 sqft = 12.9 CFS;

11.0 sqft = 15.8 CFS @ 5mm
ARS-CL™: 3.5’= 1.45 CFS; 5’= 2.13 CFS ; 7’=2.93 CFS ; 10’=4.31 CFS ; 14’=6.02 CFS ; 21’=8.99 CFS ; 28’= 12.08 CFS @ 3/4" filter.

Performance:

The CPS-Mod™ device was tested in a controlled environment for filtration rates and filtration effectiveness. The CPSMod filtration rate exceeded the rates listed above, and captured 100% of debris that was 5mm or larger. (see Filtered Flow Rate Testing – G2 CPS-Mod, Jan. 2019)
General
CPS-Mod is Full Capture System certified by State Water Board. It effectively captures 100% of litter, debris, and pollutants that are 5mm or larger. Each device is customized to the catch basin where installed and the screen size can be increased to provide higher rates of flow treatment filtration. Trash capture capacity depends on the size of the CB. Catch basin cleaning is required.

ARS-CL effectively prevents litter and objects ¾” or larger from entering the catch basin, and reduces materials in the catch basin by 85-95%. Each screen is ~3.5’ long and it is custom sized to each curb-opening. Between 1 and 10 unique screens are installed in each CB, and street sweeping is required. Generally, each linear foot of ARS-CL will prevent 6 cubic feet of debris from entering the CB annually, depending on the location.

Specific to Laguna Hills Project X 2022-23
Pollutant Capture & Storage Capacity. The ARS-CL and CPS-Mod devices installed on this project are projected to capture 4,010 cubic feet of trash and debris annually (see Attachment E calculations). Given the 467 linear feet of ARSCL curb-screen, targeted CB interior volume, and the City’s maintenance program these devices can easily capture this much trash and debris and still maintain 1-year, 1-hour treatment requirements.

Flow Treatment Capacity. These devices will treat 100% of the 1-yr, 1-hr peak storm event and 100% of the 85th percentile of the 24-hr storm event. (See Attachment A for details) Additional Research
City Research. Additionally, in 2005-2006, the City of Laguna Hills participated in the Sulphur Solution Project with the City of Laguna Niguel. One key component of the project was to install automatic retractable screens (ARS) in catch basins across the City. In 2006, following installations, the City's catch basins were cleaned and the trash, debris, soil and "muck" was measured and the data was analyzed.

Data analysis showed that ARS retrofitted catch basins had a 70% drop in the volume of trash and an 81% drop in the volume of soil/muck/sediment, as compared with similar catch basins without ARS screens. Average volume in catch basins without ARS was 4.7 cubic feet, while average volume with ARS was 1.4 cubic feet. Net reduction of 3.3 cf per CB. The City’s street sweeper collected removed the debris prior to entry in the CB. This data was submitted to the San Diego Regional Water Quality Control Board that year. 9 4.8.a
Packet Pg. 377 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance

PROJECT X
2022 Tier 1 Call for Projects Application for Funding
2022_ECP Tier 1 Application (02/23/2022) Page 8 of 12

7. Project Readiness: How long after OCTA Board of Directors approval (September 2021) will the project be operational (select one)? (up to 6 points):
☒ <4 Months
6 Points
☐ 4 – 8 Months
4 Points
☐ 8 – 12 Months
2 Points
☐ > 12 Months
1 Point

8. Will the project provide any secondary benefits beyond water quality improvements (i.e., water-use efficiency, public awareness, flood control, recreation, habitat, sustainability)? (up to 5 points) Secondary benefits, beyond water quality improvements include:

1. Public awareness that catch basins need to be protected from trash and pollutants. The City's installation of ARS-CL and CPS-Mod throughout the City shows the public that protecting rainwater systems is a very high priority.

2. Recreationally, health and human safety dangers are reduced for children and adults playing in streams, waterways, and on beaches downstream. Reduction of sharp objects (metal, broken glass, etc.) or bacteria and disease is a clear public benefit.

3. Habitat health and safety of aquatic life, birds, and wildlife that eat the trash believing it is food will be better protected by our project's CPS and ARS BMPs. Plastics and trash can entangle birds and animals, and/or be swallowed and lead to death.

4. Sustainability of the storm drain system, the stream beds and shores, and soil under the flowing water, have reduced contamination of pollutants passing through and settling in it for the long term.

5. Economically, the reduction of trash in waterways and beaches can have a significant positive impact on tourism in Orange County, and add to the local economy. News of pollution on beaches sends visitors to vacation spots elsewhere, and our project should aid the local economy.

6. Property values may be helped in areas with the G2 ARS-CL and CPS-Mod stainless steel devices because of the environmentally positive display to existing owners and prospective buyers. 10 4.8.a
Packet Pg. 378 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance

PROJECT X
2022 Tier 1 Call for Projects Application for Funding
2022_ECP Tier 1 Application (02/23/2022) Page 9 of 12

9. What is the methodology for measuring pollutant reduction before and after the BMP is implemented? How frequently will monitoring and performance assessment occur? (up to 10 points) The City has a multi-step methodology for measuring pollutant reduction and monitoring performance.

1. The amount of debris removed during the City's catch basin cleanings will be measured and recorded. Previous data will be compared to the new data and the City will be able to quantify the effectiveness of the CPS-Mod and ARS-CL devices. This data will be reported to the Regional Water Quality Control Board as a part of the NPDES annual report.

2. The City street maintenance staff and supervisor visually observes the amount of pollutants and debris that build up in front of the ARS-CL screens. Staff drive the streets daily and provide input and feedback about the amount of pollution. Special attention will be paid to the installed locations before, during, and after storms. When excess amounts are found in front of the ARS, it is removed and/or street sweeping crews are notified.

3. Visual inspections of every CPS-Mod and ARS-CL installed is conducted twice per year, and observations about trash and debris levels in front are made.

4. Interviews and discussions with street sweeping crews regarding the quantity and types of trash found in front of catch basins helps to build understanding of the types and quantity of pollution being stopped.
11 4.8.a
Packet Pg. 379 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance

PROJECT X
2022 Tier 1 Call for Projects Application for Funding
2022_ECP Tier 1 Application (02/23/2022) Page 10 of 12

10. Provide an operations and maintenance plan for the lifespan of the proposed project. Include schedule of inspections, cleaning, removal and disposal of pollutants, repairs, etc. (up to 15 points) The City’s operations and maintenance plan for the proposed CPS-Mod and ARS-CL screens includes regular inspections, cleanings, and maintenance for their entire ten-year lifespan. Services provided by the City will include :

1. Inspections of the CPS-Mod and ARS-CL devices will be performed twice annually by the City's street maintenance team or an outside contractor. Inspections will include visually checking both devices, and mechanically checking the ARS. The locking system will be inspected annually as required by the manufacturer's warranty. The inspection will document any issues that need to be addressed or verify working order.

2. Repair needs identified during the inspections will be documented and then fixed. The City will take photos, and provide a description and location. G2 Construction will provide the repair under the 10-year warranty.

3. Cleaning the front ARS-CL screens will be performed weekly for arterial highways and twice monthly for residential streets by our contracted Street Sweeping company. As required, the ARS screens will be kept clean and not have mud and debris built up in front of it. Street sweeper brushes are an acceptable method of cleaning the stainless-steel screen according to G2. Street sweeping also removes trash and objects that may prevent the ARS from functioning properly, while also preventing those pollutants from entering our storm drain system.

4. Catch basins with installed CPS-CL will be cleaned 3 times annually, and is typically scheduled in October prior to the rainy season, January, and May. The ARS and CPS screens are also cleaned off during this removal of trash and debris. The non-hazardous materials are collected and disposed of at the city green waste bin, which is considered by the County of Orange as a limited volume transfer station. Any hazardous material will be contained and disposed of properly.

5. After each significant storm event, the City's street maintenance crews will visually inspect the ARS devices from the exterior of the catch basin to check for open, damaged, or clogged screens, as recommended by the manufacturer. This identifies any issue that may have been caused by the storm, and before the next street sweeping event. Crews will remove debris that may be preventing the ARS from fully closing and locking. The screen will be returned to its default locked position. If any problems are identified, then we'll make any fixes that are easy and will follow the manufacturer's operations and maintenance guidelines. This has been the standard procedure after each significant storm event.

6. G2 Construction will provide service and warranty work as needed by the City. The City plans to keep all installed devices on this project, and past years, working effectively. This ensures that the City's installation of full-capture systems, as required by the State, have a long-term impact on our water quality.
12 4.8.a
Packet Pg. 380 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance

PROJECT X
2022 Tier 1 Call for Projects Application for Funding
2022_ECP Tier 1 Application (02/23/2022) Page 11 of 12

11. BONUS: Is the proposed local match over the 20% minimum cash match requirement? If yes, enter match rate here. (0.5 points for each 5% overmatch, up to 5 points) NA
Note: In-kind services are not eligible as local match
SECTION III: Additional Project Details
Match Sources
Other Grants: Non-M2 competitive grants may be used as match. Any grants used as match must be dedicated to the project for match credit to be received. Please list the name and amount of the grants being proposed as match.

City of Laguna Hills – General Fund
Joint Applicant Information (if applicable)
See program guidelines for details on joint applicant applications and enter the details below.

Local Agency: NA Local Agency: Click to enter text.

Project Manager: Click to enter text. Project Manager: Click to enter text.

Phone: Click to enter text. Phone: Click to enter text.

Email: Click to enter text. Email: Click to enter text.

Additional Comments
Click here to enter text.
13 4.8.a
Packet Pg. 381 Attachment: Proposed Trash and Debris Capture Devices Maintenance Services Agreement with G2 Construction, Inc. (3187 : Maintenance

PROJECTX
2022 Tier 1 Call for Projects Application for Funding
OCTA
I hereby certify that the information provided herein this form is accurate and consistent with accompanying documentation. I further certify that the above information has been approved by Council resolution and that awarded funds will not be used outside of their intended purpose.

Amber Shah, P.E.

Name (Print) Signature
2022_ECP Tier 1 Application (02/23/2022)
June 14, 2022
Date

Page 12 of 12 ends

Laguna Hills City CouncilJune 13, 2023

Laguna Hills City Council
June 13, 2023