Agenda packet, regular meeting — Laguna Hills City Council, September 12, 2023 (part 1 of 2)

CITY OF LAGUNA HILLS

CITY COUNCIL/PLANNING AGENCY

REGULAR MEETING AGENDA
Tuesday, September 12, 2023 – 7:00 PM
(Closed Session at 6:00 PM when scheduled)
Janine Heft, Mayor
Dave Wheeler, Mayor Pro Tempore Don Caskey, Council Member Erica Pezold, Council Member Joshua Sweeney, Council Member Location: City Council Chamber, 24035 El Toro Road, Laguna Hills, CA 92653 In Person Public Comments: Any person wishing to address the City Council/Planning Agency on any matter, whether or not it appears on this Agenda, is asked to complete a pink “Request to Speak” form available on the table at the back of the Chamber and submit the form to the City Clerk. The Request to Speak form assists the Mayor in ensuring that all persons wishing to address the City Council are recognized and ensures accurate identification of meeting participants in the City Council/Planning Agency Minutes. Completion of the form is voluntary.

It is City policy to limit public testimony to up to three minutes per person, an overall time limit of ten minutes for any one subject, and a total time limit of thirty minutes for Public Comments.

If you are commenting on an Agenda item, your comments will be heard at the time that item is scheduled on the Agenda. If you are addressing the City Council on an item not listed on the Agenda, the City Council is prohibited by law from discussing or taking any action on that item Submission of Electronic Public Comments: Those wishing to make electronic public comments may submit their comments by email to the City Clerk at [email protected], by 5:00 p.m. on Tuesday, September 12, 2023. In the subject line of the email, please state your name and the item number you are commenting on. Any public comment received that does not specify a particular agenda item number will be announced during the general public comment portion of the agenda. All comments received by 5:00 p.m. on the date of the meeting will be provided to the City Council and will be provided for public inspection at the meeting. During the applicable agenda item, the City Clerk will announce the name of the sender and subject matter of all electronic comments received by 5:00 p.m. on Tuesday, September 12, 2023. Email comments will NOT be read by the City Clerk during the meeting.

Electronic public comments may only be submitted via email and comments via text and social media (Facebook, Twitter, etc.) will not be accepted.

Please note: The City Council is making every effort to follow the spirit and intent of the Brown Act and other applicable laws regulating the conduct of public meetings in order to maximize transparency and public access. For questions or assistance, please contact the City Clerk’s Office at (949) 707-2635 or via email at [email protected].

City of Laguna Hills City Council/Planning Agency Tuesday, September 12, 2023 Regular Meeting Agenda
2 GENERAL BUSINESS - CONVENING AT 7:00 PM

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

INVOCATION: Pastor Kevin Sheldon of Lutheran Church of the Cross PLEDGE OF ALLEGIANCE: Council Member Sweeney

ROLL CALL OF CITY COUNCIL MEMBERS

1. PRESENTATIONS AND PROCLAMATIONS

1.1 Appointment of Laguna Hills High School Student Liaisons Evan Figueroa and William Frey for the 2023 Fall Semester.

Recommendation: That Mayor Heft present Certificates of Appointment to Laguna Hills High School 2023 Fall Student Liaisons Evan Figueroa and William Frey.

1.2 Laguna Hills High School Student Liaison Report
Recommendation: That the City Council receive an oral report from Laguna Hills High School 2023 Fall Student Liaison Evan Figueroa.

1.3 Presentation of Proclamation for Hunger Action Month Recommendation: That the City Council issue a Proclamation declaring September 2023 as "Hunger Action Month" and that Mayor Heft present the Proclamation to Second Harvest Sourcing Manager Adam Go.

2. SCHEDULE OF FUTURE EVENTS

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

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

City of Laguna Hills City Council/Planning Agency Tuesday, September 12, 2023 Regular Meeting Agenda
3 4. CONSENT CALENDAR
All matters listed under “CONSENT CALENDAR” are considered to be routine and will be enacted by one motion approving the recommendation listed on the Agenda. There will be no separate discussion unless Members of the City Council or Staff request specific items be removed from the Consent Calendar.

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

4.2 Approval of Minutes for August 22, 2023, Special Meeting Recommendation: That the City Council approve the City Council Minutes for the August 22, 2023, Special Meeting.

4.3 Approval of Minutes for August 22, 2023, Regular Meeting Recommendation: That the City Council approve the City Council Minutes for the August 22, 2023, Regular Meeting.

4.4 Ratification of September 12, 2023, Warrant Register Recommendation: That the City Council ratify the accompanying Warrant Register for the period from August 11, 2023, to August 31, 2023, in the amount of $1,551,036.65.

4.5 2023 Holiday Lighting and Decorations Agreement with the Christmas Kings
Recommendation: That the City Council: 1) Waive competitive formal bidding requirements and procedures set forth in the City of Laguna Hills Municipal Code (LHMC) Section 3-08.090 with regard to approval of the proposed Holiday Lighting and Decorations Agreement with The Christmas Kings, as it is hereby found and determined, pursuant to LHMC Section 3-08.110, that the recommended contract is for entertainment services and community support; and 2) Approve the proposed Holiday Lighting and Decorations Agreement and authorize the City Manager to execute the Agreement.

City of Laguna Hills City Council/Planning Agency Tuesday, September 12, 2023 Regular Meeting Agenda
4 4.6 Notice of Completion and Final Payment for the Phase XI Water Quality Project, CIP No. 412-K
Recommendation: That the City Council: 1) Certify the completion of and accept the improvements for the subject project; 2) Authorize the Public Works Director to sign the Notice of Completion; 3) Authorize the recording of the Notice of Completion with the County of Orange and to release the faithful performance and payment bonds one year and 35 days, respectively, after the date of recordation of the Notice of Completion contingent upon no claims or liens being filed with the City; and 4) Authorize payment of the final retention 35 days after the date of recordation of the Notice of Completion in the net amount of $12,500.00, if no liens have been filed.

4.7 Award of Public Works Construction Contract for the Citywide Sidewalk Repairs and Concrete Construction Project Re-Bid, CIP No. 106 Recommendation: That the City Council: 1) Award the Public Works Construction Contract for the Citywide Sidewalk Repairs and Concrete Construction Project ReBid, CIP No. 106, to the lowest responsive bidder, CT&T Concrete Paving, Inc., in the amount of $607,850; 2) Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA), Class 1 Existing Facilities, pursuant to CEQA Guidelines, Section 15301; 3) Reject all other bids; 4) Authorize the Mayor to sign the Public Works Construction Contract; and 5) Authorize the Finance Director to amend the budget by transferring $100,000 from CIP No. 184 to CIP No. 106, $26,350 from CIP No. 513 to CIP No. 106, and $63,650 from CIP No. 101 to CIP No. 106.

4.8 Second Reading & Adoption of Proposed Ordinance Adding Chapter 4-48 (Sidewalk Vending) to the Laguna Hills Municipal Code Establishing a Sidewalk Vending Regulatory Program
Recommendation: That the City Council: 1) Adopt an Ordinance entitled: “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA HILLS, CALIFORNIA, ADDING NEW CHAPTER 4-48 (SIDEWALK VENDING) TO TITLE 4 (BUSINESS

REGULATIONS) OF THE LAGUNA HILLS MUNICIPAL CODE ESTABLISHING A SIDEWALK VENDING REGULATORY PROGRAM; and 2) Authorize the Mayor/Mayor Pro Tempore to execute the Ordinance.

City of Laguna Hills City Council/Planning Agency Tuesday, September 12, 2023 Regular Meeting Agenda
5 4.9 Adoption of a Resolution to Amend the City’s Master Fee Schedule Establishing Sidewalk Vending Permit Program Fees
Recommendation: That the City Council adopt a Resolution entitled: “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA HILLS, CALIFORNIA, ADOPTING SIDEWALK VENDING PERMIT PROGRAM FEES, AMENDING THE CITY’S

MASTER FEE SCHEDULE, AND FINDING THAT THE ACTION IS STATUTORILY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER SECTION 15273 OF THE CEQA GUIDELINES AND PUBLIC RESOURCES CODE SECTION 21080(B)(8).”

4.10 Professional Services Agreement with Nobel Systems, Inc., for Enterprise Cloud Geographic Information Systems Services
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 Professional Services Agreement for Enterprise Cloud Geographic Information Systems Services to Nobel Systems, Inc., because: a) The goods and supplies, equipment, materials, and contract services to be provided by Nobel Systems, 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) Compliance with procurement policies, procedures, and/or requirements is not in the best interest of the City (LHMC Section 3-08.110(J)); and d) The goods and supplies, equipment, or nonprofessional services are for information technology, software, programming, or related equipment and devices (LHMC Section 3-08.110(K)); 2) Award the Professional Services Agreement to Nobel Systems, Inc.; and 3) Authorize the Mayor to sign the Agreement.

ITEMS REMOVED FROM THE CONSENT CALENDAR

5. PLANNING AGENCY

5.1. ROLL CALL OF PLANNING AGENCY MEMBERS
City of Laguna Hills City Council/Planning Agency Tuesday, September 12, 2023 Regular Meeting Agenda
6 5.2. PUBLIC COMMENTS
This is the time to address the Planning Agency on any matter not listed on this Agenda that is within the subject matter jurisdiction of the Planning Agency.

Public Comments are limited to three minutes per person, an overall time limit of ten minutes for any one subject, and a total time limit of thirty minutes.

5.3. APPROVAL OF MINUTES

5.3.1 Approval of Planning Agency Minutes for August 22, 2023, Regular Meeting
Recommendation: That the Planning Agency approve the Planning Agency Minutes for the August 22, 2023, Regular Meeting.

5.4. ADMINISTRATIVE REPORTS

5.5. PLANNING AGENCY PUBLIC HEARINGS

5.5.1 Site Development Permit/Master Sign Program (SDP/MSP) No.

USE-0126-2022, a Request by Miguel Cuevas, Principal Architect of C|A Architects on Behalf of Property Owner MemorialCare Saddleback Medical Center for Approval of a Master Sign Program for the New Women’s Health Pavilion Located at 24401 Calle De La Louisa
Recommendation: That the Planning Agency:
1) Conduct the public hearing continued from August 22, 2023; 2) Find and determine that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15311(a) (Class 11, Accessory Structures); and
3) Adopt a Resolution entitled: “A RESOLUTION OF THE PLANNING

AGENCY OF THE CITY OF LAGUNA HILLS, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT/MASTER SIGN PROGRAM (SDP/MSP) NO.

USE-0126-2022, A REQUEST BY MIGUEL CUEVAS, PRINCIPAL ARCHITECT OF C|A ARCHITECTS ON BEHALF OF PROPERTY OWNER MEMORIALCARE

SADDLEBACK MEDICAL CENTER FOR APPROVAL OF A MASTER SIGN PROGRAM FOR THE NEW WOMEN’S HEALTH PAVILION LOCATED AT 24401 CALLE DE LA LOUISA.”
City of Laguna Hills City Council/Planning Agency Tuesday, September 12, 2023 Regular Meeting Agenda
7 5.5.2 Site Development Permit/ Master Sign Program (SDP/MSP) No.

USE-0144-2023, a Request by Chris Mendoza, Project Manager on Behalf of Better Buzz Coffee Company, LLC, for Approval of an Amendment to an Existing Master Sign Program to Accommodate the New Better Buzz Coffee Shop Located at 25252 La Paz Road Recommendation: That the Planning Agency:
1) Conduct a public hearing;
2) Find and determine that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15311(a) (Class 11, Accessory Structures); and
3) Adopt a Resolution entitled: “A RESOLUTION OF THE PLANNING

AGENCY OF THE CITY OF LAGUNA HILLS, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT/ MASTER SIGN PROGRAM (SDP/MSP) NO. USE0144-2023, A REQUEST BY CHRIS MENDOZA, PROJECT MANAGER OF

BETTER BUZZ COFFEE ROASTERS ON BEHALF OF BETTER BUZZ COFFEE

ROASTERS FOR APPROVAL OF AN AMENDMENT TO AN EXISTING MASTER

SIGN PROGRAM TO ACCOMMODATE THE NEW BETTER BUZZ COFFEE
SHOP LOCATED AT 25252 LA PAZ ROAD.”

PLANNING AGENCY ADJOURNMENT

6. CITY COUNCIL PUBLIC HEARINGS

7. ADMINISTRATIVE REPORTS

7.1. City Manager

7.1.1 Approval of Proposed Design for 3RD Battalion, 5TH Marines Darkhorse Bronze Memorial Sculpture
Recommendation: That the City Council approve the proposed design of the 3rd Battalion, 5th Marines Darkhorse Bronze Memorial Sculpture.

8. MATTERS AGENDIZED AND PRESENTED BY CITY COUNCIL MEMBERS City of Laguna Hills City Council/Planning Agency Tuesday, September 12, 2023 Regular Meeting Agenda
8 9. CITY COUNCIL MEMBER COMMITTEE REPORTS

9.1 Committee Assignment Reports
Recommendation: That the City Council receive reports from City Council Members on the City Council Committee Assignments listed in the staff report.

10. CITY COUNCIL MEMBER COMMENTS

ADJOURNMENT
The next Regular Meeting of the City Council/Planning Agency will be September 26, 2023, at 7:00 p.m., in the City Council Chamber, located at 24035 El Toro Road, Laguna Hills, California.

CERTIFICATION
I, JENNIFER LEE, City Clerk of the City of Laguna Hills, do hereby certify that a copy of the foregoing Agenda was posted at Laguna Hills City Hall, Laguna Hills Community Center, and the Courtyard at La Paz Center by September 8, 2023, at 5:00 p.m.

September 8, 2023
Jennifer Lee, City Clerk Date
It is the intention of the City of Laguna Hills to comply with the Americans with Disabilities Act in all respects. If as an attendee or a participant at this meeting you will need special assistance beyond what is normally provided, the City of Laguna Hills will attempt to accommodate you in every reasonable manner. Please contact the office of the City Clerk at (949) 707-2635. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.

Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 24035 El Toro Road, Laguna Hills, California, during normal business hours. In addition, such writings or documents will be made available for public review on the City’s website at: https://www.lagunahillsca.gov/supplementalagenda and at the respective public meeting.

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

City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: September 12, 2023
TO: Mayor and Council Members
FROM: Jennifer Lee
City Clerk
ISSUE: Appointment of Laguna Hills High School Student Liaisons Evan Figueroa and William Frey for the 2023 Fall Semester.

RECOMMENDATION: That Mayor Heft present Certificates of Appointment to Laguna Hills High School 2023 Fall Student Liaisons Evan Figueroa and William Frey.

SUMMARY:

By action of the City Council on July 27, 1993, the City of Laguna Hills and Laguna Hills High School established a Student Liaison Program to create a direct link between Laguna Hills High School and the City Council. Evan Figueroa and William Frey were selected by the Laguna Hills High School Parent, Teacher and Student Association (PTSA) to serve as the 2023 Fall Student Liaisons. Both Student Liaisons met with the City Clerk prior to this meeting to administer the Oath of Office.

ATTACHMENTS:
• Certificates of Appointment-LHHS 2023 Fall Student Liaision

1.1 Packet Pg. 9

CITY OF LAGUNA HILLS

CERTIFICATE OF APPOINTMENT
be it known that

EV AN FIGUEROA
on September 12, 2023, took the
Oath of Office
and on this date began serving as the
Dated this 12
th day of September 2023.

S~UDENT LIAISON
for the City of Laguna Hills
JANINE HEFT, MAYOR ~
1 1.1.a
Packet Pg. 10
Attachment: Certificates of Appointment-LHHS 2023 Fall Student Liaision (3274 : Student Liaison Appointment)

CITY OF LAGUNA HILLS

CERTIFICATE OF APPOINTMENT
be it known that
SX,UDENT ThIAISON
for the City of Laguna Hills
I

WILLIAM FREY
on September 12, 2023, took the
Oath of Office
and on this date began serving as the _
Dated this 12
th day of September 2023.

1.1.a
Packet Pg. 11
Attachment: Certificates of Appointment-LHHS 2023 Fall Student Liaision (3274 : Student Liaison Appointment) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: September 12, 2023
TO: Mayor and Council Members
FROM: Jennifer Lee
City Clerk
ISSUE: Presentation of Proclamation for Hunger Action Month RECOMMENDATION: That the City Council issue a Proclamation declaring September 2023 as "Hunger Action Month" and that Mayor Heft present the Proclamation to Second Harvest Sourcing Manager Adam Go.

SUMMARY:

Each September, the Feeding America nationwide network of food banks joins together for Hunger Action Month, an annual national campaign designed to inspire people to take action and raise awareness of hunger in the United States. The City Council is issuing a Proclamation to be presented to Second Harvest Sourcing Manager Adam Go at the September 12, 2023, City Council meeting.

ATTACHMENTS:
• Proclamation - September 2023 Hunger Action Month

1.3 Packet Pg. 12

CITY OF LAGUNA HILLS

PROCLAMATION

HUNGER ACTION MONTH
SEPTEMBER 2023
WHEREAS, hunger and poverty are issues of vital concern in California toher. 1/J.5% of Californians face food insecurity on a daily basis, and one in every seve ildren do not know where their next meal will come from; and WHEREAS, everyone needs nutritious food to thrive, and people are working hard to provide for themselves and their families - yet over 267,000 individuals, including over 64,000 children here in Orange County, are food insecure; and WHEREAS, in the first half of 2023, Orange County Food Bank and Second Harvest Food Bank collectively recorded an average of 888,057 food distribution visits per month from our neighbors facing food insecurity; and WHEREAS, in the first half of 2023, Orange County Food Bank and Second Harvest Food Bank have collectively distributed 33,661,205 pounds of food through its partner network of food pantries, soup kitchens, shelters, senior centers, schools, colleges, universities, and other community organizations; and
WHEREAS, in the first half of 2023, Abound Food Care has recovered 307,430 pounds of food, reducing food waste and diverting that food to those who need it; and WHEREAS, the month of September has been designated "Hunger Action onth" in order to bring attention to food insecurity in our communities and to enlist the public in the movement to end hunger by taking action - including volunteer shifts, sbcial media shares, and donations - to ensure every community, and everybody in it; as the food they need to thrive; and
WHEREAS, food banks and other organizations across the country, including the members of the Orange County Hunger Alliance (Abound Food Care, Orange County Food Bank, and Second Harvest Food Bank) wiU host numerous events throughout the month of September to bring awareness and help end food insecurity in our local ' community.
,,J ~- NOW, THEREFO:RE, •I, Janine Heft, M~yor, on behalf of the City Council of the City of Laguna Hills, California, do herevy recognize September 2023 as Hunger hction Month in the City of Laguna Hills qnd,I call this observance to the attention of our citizens.

Dated this 12th day of September 2023.

JANINE HEFT, MAYOR

1.3.a
Packet Pg. 13
Attachment: Proclamation - September 2023 Hunger Action Month (3283 : Proclamation for Hunger Action Month) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: September 12, 2023
TO: Mayor and Council Members
FROM: Jennifer Lee
City Clerk
ISSUE: Schedule of Future Events
RECOMMENDATION: That the City Clerk announce the upcoming meetings and events.

SUMMARY:

Events, Communication, and Beautification Committee Regular Meeting Monday, September 18, 11:00am, Laguna Hills Civic Center Admin Conference Room Traffic Commission Regular Meeting
Wednesday, September 20, 7:00pm, Laguna Hills Civic Center Council Chamber 2nd Annual Heritage Day
Saturday, September 23, 10:00am – 6:00pm, Laguna Hills Community Center & Sports Complex Watershed Cleanup (trail cleanup)
Saturday, September 23, 9:00am-12:00pm
City Council/Planning Agency Regular Meetings
Tuesday, September 26, 7:00pm, Laguna Hills Civic Center Council Chamber Tuesday, October 10, 7:00pm, Laguna Hills Civic Center Council Chamber Parks and Recreation Commission Regular Meeting
Wednesday, October 4, 7:00pm, Laguna Hills Civic Center Council Chamber Moment Musicale Chamber music series (lunch concert)
Tuesday, October 10, 12:00pm, Laguna Hills Community Center and Sports Complex

2.1 Packet Pg. 14
City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: September 12, 2023
TO: Mayor and Council Members
FROM: Jennifer Lee
City Clerk
ISSUE: Approval of Minutes for August 22, 2023, Special Meeting RECOMMENDATION: That the City Council approve the City Council Minutes for the August 22, 2023, Special Meeting.

ATTACHMENTS:
• City Council Minutes for the August 22, 2023, Special Meeting

4.2 Packet Pg. 15

CITY OF LAGUNA HILLS

CITY COUNCIL

SPECIAL MEETING

MINUTES
Tuesday, August 22, 2023

CALL TO ORDER
The meeting was called to order at 5:03 p.m. by Mayor Heft.

ROLL CALL OF CITY COUNCIL MEMBERS
Attendee Name Title Status Arrived
Janine Heft Mayor Present
Dave Wheeler Mayor Pro Tempore Present
Don Caskey Council Member Present
Erica Pezold Council Member Present
Joshua Sweeney Council Member Present

PUBLIC COMMENTS
There were no public comments on the workshop item.

CITY COUNCIL WORKSHOP ITEMS
1 Communication and Public Relations Workshop
The City Council held a workshop to discuss potential communication and public relations strategies, policies, and good practices for the City of Laguna Hills.

ADJOURNMENT
There being no further business before the City Council at this session, Mayor Heft declared the meeting adjourned at 6:08 p.m.

Jennifer Lee, City Clerk
ATTEST:

Janine Heft, Mayor
Approved at meeting of August 22, 2023

4.2.a
Packet Pg. 16
Attachment: City Council Minutes for the August 22, 2023, Special Meeting (3270 : Approval of Minutes for August 22, 2023, Special Meeting) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: September 12, 2023
TO: Mayor and Council Members
FROM: Jennifer Lee
City Clerk
ISSUE: Approval of Minutes for August 22, 2023, Regular Meeting RECOMMENDATION: That the City Council approve the City Council Minutes for the August 22, 2023, Regular Meeting.

ATTACHMENTS:
• City Council Minutes for the August 22, 2023, Regular Meeting

4.3 Packet Pg. 17

CITY OF LAGUNA HILLS

CITY COUNCIL/PLANNING AGENCY

REGULAR MEETING

MINUTES
Tuesday, August 22, 2023
GENERAL BUSINESS - CONVENING AT 7:00 PM

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

INVOCATION: Council Member Sweeney
PLEDGE OF ALLEGIANCE: Council Member Pezold

1. PRESENTATIONS AND PROCLAMATIONS

1.1 Constitution Week 2023
The City Council issued a Proclamation declaring September 17-23, 2023, as "Constitution Week" and Mayor Heft presented the Proclamation to Barbara Kula, Constitution Week Chairman of the Mission Viejo Chapter, National Society of the Daughters of the American Revolution.

2. SCHEDULE OF FUTURE EVENTS

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

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

4.3.a
Packet Pg. 18
Attachment: City Council Minutes for the August 22, 2023, Regular Meeting (3272 : Approval of Minutes for August 22, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, August 22, 2023 Regular Meeting Minutes
2 4. CONSENT CALENDAR
Motion to approve the Consent Calendar with Mayor Pro Tempore Wheeler removing Item No. 4.9, Item No. 4.10, and Item No. 4.11 and Council Member Pezold removing Item No. 4.14 and Item No. 4.15.

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

4.2 Approval of Minutes for July 11, 2023, Regular Meeting Recommendation: That the City Council approve the City Council Minutes for the July 11, 2023, Regular Meeting.

4.3 Approval of Minutes for July 13, 2023, Special Meeting Recommendation: That the City Council approve the City Council Minutes for the July 13, 2023, Special Meeting.

4.4 Approval of Minutes for July 19, 2023, Special Meeting Recommendation: That the City Council approve the City Council Minutes for the July 19, 2023, Special Meeting.

4.5 Approval of Minutes for August 3, 2023, Special Meeting Recommendation: That the City Council approve the City Council Minutes for the August 3, 2023, Special Meeting.

4.6 Ratification of August 22, 2023, Warrant Register
Recommendation: That the City Council ratify the accompanying Warrant Register for the period from June 30, 2023, to August 10, 2023, in the amount of $3,271,066.37.

4.3.a
Packet Pg. 19
Attachment: City Council Minutes for the August 22, 2023, Regular Meeting (3272 : Approval of Minutes for August 22, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, August 22, 2023 Regular Meeting Minutes
3 4.7 Treasurer's Investment Report for June 2023
Recommendation: That the City Council receive and file the Treasurer's Investment Report for the month of June 2023.

4.8 Treasurer's Investment Report for July 2023
Recommendation: That the City Council receive and file the Treasurer's Investment Report for the month of July 2023.

4.12 Declaration of and Participation in the 26TH Annual Inner-Coastal & Watershed Cleanup Day
Recommendation: That the City Council declare September 23, 2023, as InnerCoastal & Watershed Cleanup Day and encourage volunteer participation in this event.

4.13 2023 Fourth of July Post Event Report
Recommendation: That the City Council members receive and file the report.

ITEMS REMOVED FROM THE CONSENT CALENDAR

4.9 Proposed Civic Center Office Lease with Senate Rules Committee, California Legislature, for 24031 El Toro Road, Suite 201, Laguna Hills, California
Mayor Pro Tempore Wheeler removed Item No. 4.9 from the Consent Calendar to request additional information.

Public Works Director/City Engineer Ames responded to Council Member requests for additional information.

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

Recommendation: That the City Council: 1) Approve the lease agreement with Senate Rules Committee, California Legislature, for 24031 El Toro Road, Suite 201, Laguna Hills, California; and 2) Authorize the City Manager to make minor modifications, as necessary, to the lease agreement and to execute the lease agreement.

4.3.a
Packet Pg. 20
Attachment: City Council Minutes for the August 22, 2023, Regular Meeting (3272 : Approval of Minutes for August 22, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, August 22, 2023 Regular Meeting Minutes
4 RESULT: APPROVED [UNANIMOUS]
MOVER: Dave Wheeler, Mayor Pro Tempore
SECONDER: Erica Pezold, Council Member
AYES: Janine Heft, Mayor; Dave Wheeler, Mayor Pro Tempore; Don Caskey, Council Member; Erica Pezold, Council
Member; Joshua Sweeney, Council Member

4.10 Proposed Third Amendment to Civic Center Office Lease with Koorosh Hosn, D.D.S., a Professional Corporation, for 24031 El Toro Road, Suite 230, Laguna Hills, California
Mayor Pro Tempore Wheeler removed Item No. 4.10 from the Consent Calendar to request additional information.

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

Recommendation: That the City Council: 1) Approve the third amendment to the lease agreement with Koorosh Hosn, D.D.S., a professional corporation, for 24031 El Toro Road, Suite 230, Laguna Hills, California; and 2) Authorize the City Manager to make minor modifications, as necessary, to the third amendment to the lease agreement and to execute the third amendment to the lease agreement.

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

4.11 Contract Change Order No. 4 for Community Center & Sports Complex Improvements, CIP No. 237
Mayor Pro Tempore Wheeler removed Item No. 4.11 from the Consent Calendar to request additional information.

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

Public Works Director/City Engineer Ames responded to Council Member requests for additional information.

4.3.a
Packet Pg. 21
Attachment: City Council Minutes for the August 22, 2023, Regular Meeting (3272 : Approval of Minutes for August 22, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, August 22, 2023 Regular Meeting Minutes
5 Recommendation: That the City Council: 1) Approve Contract Change Order No. 4 to Oppenheimer National for the Community Center & Sports Complex Improvements, CIP No. 237; and 2) Authorize the Finance Director to amend the budget by transferring $56,487 from CIP No. 241 to CIP No. 237.

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

4.14 2023 Memorial Day Race Post Event Report and a Resolution Authorizing Community Assistance Funding for the 3/5 Marine Support Committee Council Member Pezold removed Item No. 4.14 from the Consent Calendar to allow for discussion on the item.

Recommendation: That the City Council: 1) Receive and file the report; and 2) Adopt Resolution No. 2023-08-22-1: "A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LAGUNA HILLS, CALIFORNIA, AUTHORIZING COMMUNITY ASSISTANCE FUNDING FOR THE 3RD BATTALION, 5TH MARINES, 1ST DIVISION SUPPORT COMMITTEE, A CALIFORNIA NONPROFIT CORPORATION." RESULT: APPROVED [UNANIMOUS]
MOVER: Erica Pezold, Council Member
SECONDER: Dave Wheeler, Mayor Pro Tempore
AYES: Janine Heft, Mayor; Dave Wheeler, Mayor Pro Tempore; Don Caskey, Council Member; Erica Pezold, Council
Member; Joshua Sweeney, Council Member

4.15 City of Laguna Hills Response to the 2022-2023 Orange County Grand Jury Report Entitled “Welcome to the Neighborhood – Are Cities Responsibly Managing the Integration of Group Homes?”
Council Member Pezold removed Item No. 4.15 from the Consent Calendar to allow for discussion on the item.

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

4.3.a
Packet Pg. 22
Attachment: City Council Minutes for the August 22, 2023, Regular Meeting (3272 : Approval of Minutes for August 22, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, August 22, 2023 Regular Meeting Minutes
6 Recommendation: That the City Council authorize the Mayor to sign the letter of response to the 2022-2023 Orange County Grand Jury Report entitled “Welcome to the Neighborhood - Are Cities Responsibly Managing the Integration of Group Homes?”
RESULT: APPROVED [UNANIMOUS]
MOVER: Erica Pezold, Council Member
SECONDER: Don Caskey, Council Member
AYES: Janine Heft, Mayor; Dave Wheeler, Mayor Pro Tempore; Don Caskey, Council Member; Erica Pezold, Council
Member; Joshua Sweeney, Council Member

5. PLANNING AGENCY
Mayor Heft recessed the City Council Meeting, and acting in capacity as Chair, called the Regular Meeting of the Planning Agency of the City of Laguna Hills, California, to order at 7:40 p.m.

5.1. ROLL CALL OF PLANNING AGENCY MEMBERS
Attendee Name Title Status Arrived
Janine Heft Chair Present
Dave Wheeler Vice Chair Present
Don Caskey Agency Member Present
Erica Pezold Agency Member Present
Joshua Sweeney Agency Member Present

5.2. PUBLIC COMMENTS
There were no Planning Agency public comments on non-agendized items.

5.3. APPROVAL OF MINUTES

5.3.1 Approval of Planning Agency Minutes for July 11, 2023, Regular Meeting
Recommendation: That the Planning Agency approve the Planning Agency Minutes for the July 11, 2023, Regular Meeting.

RESULT: APPROVED [UNANIMOUS]
MOVER: Erica Pezold, Agency Member
SECONDER: Dave Wheeler, Vice Chair

4.3.a
Packet Pg. 23
Attachment: City Council Minutes for the August 22, 2023, Regular Meeting (3272 : Approval of Minutes for August 22, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, August 22, 2023 Regular Meeting Minutes
7 AYES: Janine Heft, Chair; Dave Wheeler, Vice Chair;
Don Caskey, Agency Member; Erica Pezold, Agency
Member; Joshua Sweeney, Agency Member

5.4. ADMINISTRATIVE REPORTS
There were no Planning Agency administrative reports.

5.5. PLANNING AGENCY PUBLIC HEARINGS

5.5.1 Site Development Permit/Master Sign Program (SDP/MSP) No.

USE-0126-2022, a Request by Miguel Cuevas on Behalf of
MemorialCare Saddleback Medical Center for Approval of a Master Sign Program for the New Women’s Health Pavilion Located at 24401 Calle De La Louisa
Community Development Director Longenecker recommended that the Chair open the public hearing to receive public comments and, due to a noticing publication error, continue the public hearing to September 12, 2023, at 7:00 p.m.

Chair Heft opened the public hearing.

There were no public comments on the public hearing item.

Recommendation: That the Planning Agency:
1) Conduct a public hearing and continue the public hearing to the regular meeting of September 12, 2023, at 7:00 p.m. or as soon thereafter as possible;
2) Find and determine that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15311(a) (Class 11, Accessory Structures); and
3) Adopt a Resolution entitled: “A RESOLUTION OF THE PLANNING

AGENCY OF THE CITY OF LAGUNA HILLS, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT/MASTER SIGN PROGRAM (SDP/MSP) NO. USE0126-2023, A REQUEST BY MIGUEL CUEVAS ON BEHALF OF

MEMORIALCARE SADDLEBACK MEDICAL CENTER FOR APPROVAL OF A MASTER SIGN PROGRAM FOR THE NEW WOMEN’S HEALTH PAVILION LOCATED AT 24401 CALLE DE LA LOUISA.”

4.3.a
Packet Pg. 24
Attachment: City Council Minutes for the August 22, 2023, Regular Meeting (3272 : Approval of Minutes for August 22, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, August 22, 2023 Regular Meeting Minutes
8 A motion to continue the public hearing to September 12, 2023, at 7:00 p.m. or as soon thereafter as possible was moved by Agency Member Caskey, seconded by Agency Member Sweeney.

RESULT: APPROVED [UNANIMOUS]
MOVER: Don Caskey, Agency Member
SECONDER: Joshua Sweeney, Agency Member
AYES: Janine Heft, Chair; Dave Wheeler, Vice Chair;
Don Caskey, Agency Member; Erica Pezold, Agency
Member; Joshua Sweeney, Agency Member

PLANNING AGENCY ADJOURNMENT
Chair Heft adjourned the Planning Agency Meeting at 7:42 p.m. and reconvened the City Council Meeting. All Council Members were present in Chamber.

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

7. ADMINISTRATIVE REPORTS

7.1. City Manager
The City Manager gave no administrative reports.

7.2. Community Development Director

7.2.1 Introduction and First Reading of a Proposed Ordinance Establishing a Sidewalk Vending Regulatory Program
Larry Longenecker reviewed the information provided in the staff report, provided a PowerPoint presentation, and responded to Council Member requests for additional information.

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

Recommendation: That the City Council:
1) Find and determine that the proposed Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15060(c)(3) (the

4.3.a
Packet Pg. 25
Attachment: City Council Minutes for the August 22, 2023, Regular Meeting (3272 : Approval of Minutes for August 22, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, August 22, 2023 Regular Meeting Minutes
9 activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly, and Section 15061(b)(3) (there is no possibility that the activity would have a significant negative effect on the environment); 2) Introduce for first reading, read by title only, and waive further reading of an Ordinance entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA HILLS, CALIFORNIA, ADDING NEW CHAPTER 4-48 (SIDEWALK VENDING) TO TITLE 4 (BUSINESS REGULATIONS) OF THE

LAGUNA HILLS MUNICIPAL CODE ESTABLISHING A SIDEWALK VENDING REGULATORY PROGRAM”.

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

8. MATTERS AGENDIZED AND PRESENTED BY CITY COUNCIL MEMBERS There were no matters agendized by City Council Members.

9. CITY COUNCIL MEMBER COMMITTEE REPORTS

9.1 Committee Assignment Reports
The City Council received reports from City Council Members on the City Council Committee Assignments listed in the staff report.

10. CITY COUNCIL MEMBER COMMENTS
Council Member Caskey
At the request of Council Member Caskey, the following verbatim minutes of his comments are hereby provided:
“Approximately two months ago, the City of Laguna Hills received a 'demand letter' from an attorney asking the City to voluntarily take action to switch from Citywide at-large election of City Council members to 'by-districts', and threatening litigation if the City fails to do so. Under State law, we were, in essence, given 45 days to indicate our willingness to engage in this transition process in order to avail

4.3.a
Packet Pg. 26
Attachment: City Council Minutes for the August 22, 2023, Regular Meeting (3272 : Approval of Minutes for August 22, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, August 22, 2023 Regular Meeting Minutes
10 ourselves of the 'safe harbor' provisions, which the objective of accomplishing the task, we would have had to do that within another additional 90 days.

The City Council met in 'Closed Session' a number of times regarding this issue because of the threat of litigation. I am not free to discuss the details of closed session meetings, at all. At the end of each closed session, no action was taken in open session to accede to the demand letter.

Simply stated, no direction was given to begin the process to transition to districts.

The 45-day clock ran out, and the City did not adopt a resolution of intent to transition to districts. In my opinion, the City should have availed itself of the 'safe harbor' provisions afforded under the State law and should have adopted a resolution of intent to transition to districts within the 45-day period. In my view, this was a simply a missed opportunity.

Three other local South County cities received similar demand letters from this same attorney - San Clemente, Laguna Niguel, and Rancho Santa Margarita. All three of these cities, as of this date, have openly voted to begin the 'safe harbor' process prescribed to move their cities toward 'Districting'. I appreciate their transparency and action to do so.

For the sake of transparency and clarity, I feel the duty to my more than 8,000 constituents, in the last election, in our City to publicly state my own position on this subject both earlier and moving forward. I accept the decision of the City, by the way, not to act regarding this demand. I personally believe that the decision of our sister cities and other close neighbors before them is unavoidable and is a proper business decision. In my opinion, a decision to move forward with transitioning to 'Districts' lessens the risks of possible litigation over the matter to this small city with reserve funds that barely top over the 50% mark of our annual operating budget. Its very small.

I ask the City Clerk to enter my City Council comments into the minutes verbatim in order to preclude false representation or misconception of my comments. They are just what they are. Thank you.”
Council Member Caskey reported on a recent tour of the Emergency Command Center for San Diego Gas & Electric.

Council Member Pezold
Council Member Pezold reported that the City of Laguna Woods recently voted to allow the sale of cannabis in their City and expressed her opposition to the decision.

Council Member Pezold thanked staff for the efforts and action taken in preparation for tropical storm Hilary.

4.3.a
Packet Pg. 27
Attachment: City Council Minutes for the August 22, 2023, Regular Meeting (3272 : Approval of Minutes for August 22, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, August 22, 2023 Regular Meeting Minutes
11 Council Member Pezold requested procurement of an application for Council Members to make annotations on agendas and staff reports.

Council Member Pezold thanked staff for the efforts to increase the number of summer concerts scheduled this year.

At the request of Council Member Pezold, the following verbatim minutes of her comments are hereby provided:
“Since its incorporation in 1991, the City of the Laguna Hills has followed an “atlarge” voting system. Since then, the California Voting Rights Act ("CVRA") became law on January 1, 2003. Based on my research, the goal of the CVRA is to prevent “racially polarized voting.” Essentially, it forces cities into a district voting system.

The process starts when a city resident retains an attorney and submits a written demand letter to the city alleging a violation of the CVRA as a result of the at-large election system. A city then has 45 days to respond within the ‘safe harbor’ provisions of State law. Generally, a city will respond in one of two ways: 1) the city declares its intent to move into a district voting system or 2) the city does nothing and waits for the attorney to initiate litigation against the City under the CVRA. I didn’t write the law. This is the law.

On June 20, 2023, the City of Laguna Hills received a letter from an attorney purporting to represent one or more undisclosed City residents who allege that our City is in violation of the CVRA by virtue of our "at-large" voting system. In other words, one or more (undisclosed) residents are alleging that the way our Council Members are elected has resulted in “racially polarized voting.” Although the attorney serving the demand letter has provided no evidence to support this allegation. Which according to the law, they can just provide a letter.

While I disagree with the allegation that our City has a "racially polarized voting" system by virtue of our Council's present "at-large" system, I support the City's transition to a district voting system for the following reasons based on my own research and as well, you see it throughout the media, it’s everywhere.

First: Unlikelihood of Success. No California city has prevailed in defending against a CVRA lawsuit. In every instance, the cities have eventually needed to transition into a district voting system.

Second: Significant Litigation Expenses. As noted above, not a single city has won a challenge under the CVRA even after incurring millions of dollars in legal and other litigation expenses. As Council Members, we are fiduciaries to City residents. It is our duty to be faithful stewards of taxpayer dollars. In my opinion, using taxpayer dollars on unnecessary litigation is not consistent with that duty. If we were to go into a district-voting system under the ‘safe harbor’ provisions, we could have capped the amount of money the plaintiff's attorney could recover against us. To be specific, our liability could have been capped at approximately $37,000 for legal fees compared

4.3.a
Packet Pg. 28
Attachment: City Council Minutes for the August 22, 2023, Regular Meeting (3272 : Approval of Minutes for August 22, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, August 22, 2023 Regular Meeting Minutes
12 with potentially untold millions of dollars in legal fees and other costs to defend the City and eventually transition to the district voting system.

Third: The Safe Harbor Provision. This provision allows cities that move into a district voting system to have more control over the transition and limit the costs associated with the process.

Fourth: Transparency: Other cities who received a similar demand letter from this particular attorney are engaging in what I believe is a more transparent process with their constituents where the people could assemble and communicate to their council to oppose districts or support districts. This option hasn’t been provided for our constituents.

Fifth: Consistency with our Sister Cities: The City of Laguna Hills was one of four cities presented with this demand letter from this particular attorney and the other cities are now in the process of transitioning per the ‘safe harbor’ provisions and most likely for the various reasons stated above.

Although I disagree with the allegations set forth in the demand letter, in my opinion I believe that the City should have adopted a resolution of intent to transition to districts per the ‘Safe Harbor’ provisions under State law. In my view, failure to do so is likely to expose the City to significant litigation expenses, based on previous experiences of other cities as reported by the media. As such, I believe the wisest course of action was for the City to have adopted a resolution of intent to transition to districts within the 45-day period and completed the process in a timely manner.

Thank you.”
Mayor Pro Tempore Wheeler
Mayor Pro Tempore Wheeler recited quotes from French economist Claude Frédéric Bastiat and provided comments expressing his opposition to the decision made by the City of Laguna Woods to allow cannabis retail sales businesses.

Mayor Pro Tempore Wheeler reported that is working to create a partnership between the City and Pepperdine University School of Public Policy.

Mayor Heft
Mayor Heft expressed her concern for an increase in crime due to the recent City of Laguna Woods decision to allow cannabis retail sales businesses.

Mayor Heft reported on and provided a video of a recent ACC-OC Infrastructure Tour of the Yorba Linda Water District Heli-Hydrant and asked OCFA Division Chief Baryic Hunter to provide additional information on the Heli-Hydrants.

4.3.a
Packet Pg. 29
Attachment: City Council Minutes for the August 22, 2023, Regular Meeting (3272 : Approval of Minutes for August 22, 2023, Regular Meeting) City of Laguna Hills City Council/Planning Agency Tuesday, August 22, 2023 Regular Meeting Minutes
13 ADJOURNMENT
There being no further business before the City Council at this session, Mayor Heft declared the meeting adjourned at 9:12 p.m.

Jennifer Lee, City Clerk
ATTEST:

Janine Heft, Mayor
Approved at meeting of September 12, 2023

4.3.a
Packet Pg. 30
Attachment: City Council Minutes for the August 22, 2023, Regular Meeting (3272 : Approval of Minutes for August 22, 2023, Regular Meeting) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: September 12, 2023
TO: Mayor and Council Members
FROM: Eric Hendrickson
Finance Director
ISSUE: Ratification of September 12, 2023, Warrant Register RECOMMENDATION: That the City Council ratify the accompanying Warrant Register for the period from August 11, 2023, to August 31, 2023, in the amount of $1,551,036.65.

SUMMARY:

The City issues accounts payable disbursements on a regular basis and presents it to City Council for ratification at its next regularly scheduled City Council Meeting. The attached Warrant Register containing checks and electronic funds transfers for the period from August 11, 2023, to August 31, 2023, is being presented for ratification by the City Council. Payments have been reviewed and approved by the appropriate departmental staff. The Finance Director certifies to the accuracy of the attached register and to the availability of monies for payment thereof.

ATTACHMENTS:
• Warrant Register - September 12, 2023
• Payables Detail Report - September 12, 2023

4.4 Packet Pg. 31
Payment Amount

46.39 305.33
180.00
148,691.07
30,634.81
20,933.62
13,644.17
1,600.00
8,662.50
2,794.89
5,125.00
225.71
2,925.00
4,739.55
709.00
172.74
2,000.00
1,280.87
137.57

96.55 2,650.00
350.00
320.75
350.00
2,012.12
7,247.00
946.08

75.00 1,500.00
735.00
27,446.02
2,268.00
6,825.00
238.00
21,979.28
1,891.25
500.00
4,425.00
1,125.00
431.05
1,902.50
535.50
500.00
743.17
642.60
6,126.42
1,758.60
2,746.02
41,891.37
182.27
284.27
484.42
33,438.85
2553 T-2712 TOTAL SOURCE OFFICEWORKS 08/24/2023
2554 W-2337 WEST COAST ARBORISTS, INC. 08/24/2023
8/31/2023 10:49:36 PM Page 1 of 4
2550 S-1902 SAN DIEGO GAS AND ELECTRIC 08/24/2023
2551 S-2289 SANDS, CINDY 08/24/2023
2552 S-2250 SPARKLETTS 08/24/2023
2547 M-1302 MOULTON NIGUEL WATER DISTRICT 08/24/2023
2548 N-1474 NIEVES LANDSCAPE, INC. 08/24/2023
2549 P-1846 PRIDESTAFF, INC. 08/24/2023
2544 Z-CS-0424 LIBORIO, LUISA 08/24/2023
2545 M-1304 MARTIN LOCK AND SAFE CO. 08/24/2023
2546 M-1388 MOBILE MINI, INC. 08/24/2023
2541 I-0960 IRV SEAVER MOTORCYCLES 08/24/2023
2542 J-1057 JAMEY CLARK, INC. 08/24/2023
2543 K-1126 KNIGHT, LORNA 08/24/2023
2538 G-0869 GIDDY UP RANCH 08/24/2023
2539 H-0894 HATTOX DESIGN GROUP, LLC 08/24/2023
2540 H-0960 HR GREEN PACIFIC, INC. 08/24/2023
2535 E-0593 DALE BRUCE EISENBERG 08/24/2023
2536 D-0491 DELL COMPUTER CORPORATION 08/24/2023
2537 D-0523 DUDEK 08/24/2023
2532 C-1144 CHARLES ABBOTT ASSOCIATES, INC 08/24/2023
2533 E-0553 CHRISTINA ELKINS 08/24/2023
2534 C-1158 CREATIVE KIDS PLAYHOUSE CHILDRENS THEATRE OF OC 08/24/2023 2529 L-1392 LASKA, KIERSTIN ALICIA 08/18/2023
2530 J-1091 JAMES KELLY 08/24/2023
2531 B-0430 BASICS OF SKATEBOARDING 08/24/2023
2526 W-2450 WEX BANK 08/17/2023
2527 W-2452 WSP USA ENVIRONMENT AND INFRASTRUCTURE INC 08/17/2023 2528 C-0023 COX COMMUNICATION 08/18/2023
2523 R-1983 RODRIGUEZ, RUBEN ANGUIANO 08/17/2023
2524 S-2250 SPARKLETTS 08/17/2023
2525 S-2321 STRONG, APRIL LORENE 08/17/2023
2520 R-1830 RALPHS GROCERY COMPANY 08/17/2023
2521 R-1985 REGIONAL FIRST AID, INC 08/17/2023
2522 R-1977 RJ ELECTRIC 08/17/2023
2517 O-1610 ORACLE AMERICA, INC. 08/17/2023
2518 P-1804 PATROL ONE 08/17/2023
2519 P-1834 PLACEWORKS, INC. 08/17/2023
2514 N-1493 NEXUSTEK 08/17/2023
2515 N-1474 NIEVES LANDSCAPE, INC. 08/17/2023
2516 O-1528 OCTA 08/17/2023
2511 H-0934 HOME DEPOT 08/17/2023
2512 H-0960 HR GREEN PACIFIC, INC. 08/17/2023
2513 M-1388 MOBILE MINI, INC. 08/17/2023
2508 E-0554 ECONOMICS, INC. 08/17/2023
2509 F-0722 FOSTER AND FOSTER CONSULTING ACTUARIES, INC. 08/17/2023 2510 G-0868 GLASER WEIL 08/17/2023
2505 C-1144 CHARLES ABBOTT ASSOCIATES, INC 08/17/2023
2506 C-0362 CITY OF LAKE FOREST 08/17/2023
2507 C-1122 CROSSTOWN ELECTRICAL AND DATA, INC. 08/17/2023 2504 B-0453 BRATZERMANN 08/17/2023
Payment Type: Regular
2502 A-0360 ARC DOCUMENT SOLUTIONS, LLC 08/17/2023
2503 A-0365 AT AND T - CALNET 3 08/17/2023
Warrant Register - September 12, 2023
City of Laguna Hills, CA By Check Number
Date Range: 08/11/2023 - 08/31/2023
Check Number Vendor Number Vendor Name Payment Date

4.4.a
Packet Pg. 32
Attachment: Warrant Register - September 12, 2023 (3278 : Warrant Register, September 12, 2023) Payment Amount
6,181.50
161.63
3,637.20
1,023.15

83.96 582.84
619.45
237,500.00
427.50
1,044.64
720.00

85.59 63.00
500.00
2,727.80
2,127.48
629.57
1,333.90
4,385.37
1,302.44
108.03

56.04 37.71
450.00
16,686.24
2580 R-1801 WOODRUFF 08/31/2023 36,416.30
Total Regular: 730,665.15
8/31/2023 10:49:36 PM Page 2 of 4
2577 S-2209 STUDIO TWO BLACK DIAMOND 08/31/2023
2578 Z-CS-0425 VASQUEZ-ROSALES, REYNA 08/31/2023
2579 W-2337 WEST COAST ARBORISTS, INC. 08/31/2023
2574 S-1904 SOUTHERN CALIFORNIA EDISON 08/31/2023
2575 S-1904 SOUTHERN CALIFORNIA EDISON 08/31/2023
2576 S-2295 SOUTHERN COMPUTER WAREHOUSE 08/31/2023
2571 Z-CD-0427 ROMERO, ALEJANDRO 08/31/2023
2572 S-2296 SHUTE, MIHALY WEINBERGER LLP 08/31/2023
2573 S-1904 SOUTHERN CALIFORNIA EDISON 08/31/2023
2568 Z-CS-0426 PEREZ, VERONICA ESPINOZA 08/31/2023
2569 P-1846 PRIDESTAFF, INC. 08/31/2023
2570 R-1977 RJ ELECTRIC 08/31/2023
2565 Z-CD-0426 KJC ROOFING, INC 08/31/2023
2566 M-1302 MOULTON NIGUEL WATER DISTRICT 08/31/2023
2567 O-1525 OCCMA 08/31/2023
2562 G-0821 G2 CONSTRUCTION INC. 08/31/2023
2563 J-1057 JAMEY CLARK, INC. 08/31/2023
2564 J-1071 JCTEES.COM CORPORATION 08/31/2023
2559 C-1139 COMPLETE OFFICE OF CALIFORNIA 08/31/2023
2560 C-0023 COX COMMUNICATION 08/31/2023
2561 D-0575 DOG WASTE DEPOT 08/31/2023
2556 A-0349 A SOURCE OF PRIDE 08/31/2023
2557 A-0138 ALL CITY MANAGEMENT, INC. 08/31/2023
2558 C-1177 CANON FINANCIAL SERVICES, INC. 08/31/2023
2555 D-0578 DE NOVO PLANNING GROUP 08/29/2023
Warrant Register - September 12, 2023 Date Range: 08/11/2023 - 08/31/2023 Check Number Vendor Number Vendor Name Payment Date

4.4.a
Packet Pg. 33
Attachment: Warrant Register - September 12, 2023 (3278 : Warrant Register, September 12, 2023) Payment Amount
802,190.00
10,500.00
8/31/2023 10:49:36 PM Page 3 of 4
EFT's 0 0 0.00 0.00
114 81 0.00 1,551,036.65
Voided Checks 0 0 0.00 0.00
Bank Drafts 2 2 0.00 812,690.00
Regular Checks 112 79 0.00 738,346.65
Manual Checks 0 0 0.00 0.00
DFT0002560 H-0966 HIGH LEVEL SECURITY SOLUTIONS, INC. 08/23/2023 Total Bank Draft: 812,690.00
Bank Code AP Bank Summary
Payable
Count
Payment
Payment Type Count Discount Payment
Warrant Register - September 12, 2023 Date Range: 08/11/2023 - 08/31/2023 Check Number Vendor Number Vendor Name Payment Date
Payment Type: Bank Draft
DFT0002548 C-1007 OCSD LAW ENFORCEMENT CONTRACT, OC TREASURER-TAX COLLECTOR 08/11/2023

4.4.a
Packet Pg. 34
Attachment: Warrant Register - September 12, 2023 (3278 : Warrant Register, September 12, 2023) 1,551,036.65
8/31/2023 10:49:36 PM Page 4 of 4
Fund Summary
Fund Name Period Amount
998 POOL 8/2023 1,551,036.65
EFT's 0 0 0.00 0.00
114 81 0.00 1,551,036.65
Voided Checks 0 0 0.00 0.00
Bank Drafts 2 2 0.00 812,690.00
Regular Checks 112 79 0.00 738,346.65
Manual Checks 0 0 0.00 0.00
Warrant Register - September 12, 2023 Date Range: 08/11/2023 - 08/31/2023 All Bank Codes Check Summary
Payable
Count
Payment
Payment Type Count Discount Payment

4.4.a
Packet Pg. 35
Attachment: Warrant Register - September 12, 2023 (3278 : Warrant Register, September 12, 2023) Amount
08/17/2023 WSP USA ENVIRONMENT AND

INFRASTRUCTURE INC
S64113764 NPDES On-Call Engineering Service,
FY 22/23
100-355-700250 7,247.00
08/18/2023 LASKA, KIERSTIN ALICIA 071723 July Fourth Celebration, Jul '23 100-310-695508 75.00 8/31/2023 10:51:28 PM Page 1 of 6
08/17/2023 WEX BANK 90712551A COMSVCS Vehicle Fuel, Jul '23 100-310-613100 317.23 08/17/2023 REGIONAL FIRST AID, INC 96286 Operating Supplies, Aug '23 100-195-622000 96.55 08/17/2023 OCTA AR145487 Landscape Maintenance, Annual
Lease OC-47
100-355-720700 709.00
08/17/2023 WEX BANK 90712522 PUBWKS Vehicle Fuel, Jun '23 100-355-646100 8.00 08/17/2023 WEX BANK 90712522A PUBWKS Vehicle Fuel, Jul '23 100-355-613100 213.00 08/17/2023 WEX BANK 90712551 COMSVCS Vehicle Fuel, Jun '23 100-310-613100 329.09 08/17/2023 WEX BANK 90712302 POLSVCS Vehicle Fuel, Jun '23 100-420-613100 69.90 08/17/2023 WEX BANK 90712302A POLSVCS Vehicle Fuel, Jul '23 100-420-613100 330.74 08/17/2023 WEX BANK 90712522 PUBWKS Vehicle Fuel, Jun '23 100-355-613100 207.83 08/17/2023 MOBILE MINI, INC. 9018430360 Storage Rental, Community Center, 8/2 - 8/29/23
100-310-641000 225.71
08/17/2023 WEX BANK 90712274 COMDEV Vehicle Fuel, Jun '23 100-225-613100 123.30 08/17/2023 WEX BANK 90712274A COMDEV Vehicle Fuel, Jul '23 100-225-613100 413.03 08/17/2023 NIEVES LANDSCAPE, INC. 75029 Monthly and Misc Landscape, Jun '23 100-355-720700 4,739.55 08/17/2023 HOME DEPOT 7511525 Build-A-Fort, Aug '23 100-310-695503 60.08 08/17/2023 PLACEWORKS, INC. 79765 Housing Element, Sep '22 100-225-700225 1,280.87 08/17/2023 HOME DEPOT 6515257 Build-A-Fort, Jul '23 100-310-695503 42.97 08/17/2023 CHARLES ABBOTT ASSOCIATES, INC 66123 - D (July 4th Event) Public Works Other, July 4th 100-355-720401 7,539.00 08/17/2023 HOME DEPOT 6971812 Build-A-Fort, Jul '23 100-310-695503 967.35 08/17/2023 PATROL ONE 519535 Fourth of July, FY 23/24 100-310-695508 2,000.00 08/17/2023 RJ ELECTRIC 61988 Summer Concert Series, Jul '23 100-310-695513 1,325.00 08/17/2023 RJ ELECTRIC 61989 Summer Concert Series, Aug '23 100-310-695513 1,325.00 08/17/2023 SPARKLETTS 4228482 081123 Operating Supplies, Jul '23 100-195-622000 320.75 08/17/2023 CROSSTOWN ELECTRICAL AND DATA,
INC.
4708 - 4748 Traffic Signal Maintenance, Jul '23 100-356-720420 20,933.62 08/17/2023 HOME DEPOT 4970312 Build-A-Fort, Jul '23 100-310-695503 795.46 08/17/2023 GLASER WEIL 276885A Professional Services Legal, Jul '23 100-155-700011 8,531.25 08/17/2023 FOSTER AND FOSTER CONSULTING
ACTUARIES, INC.
27995 GASB 68 Report, FY 23/24 100-155-700051 1,600.00
08/17/2023 NEXUSTEK 302648 Computer Consulting, Jul '23 100-195-700090 2,925.00 08/17/2023 HR GREEN PACIFIC, INC. 164502 Public Works Permit Inspections, Jun '23
100-355-700255 5,125.00
08/17/2023 HOME DEPOT 1971389 Build-A-Fort, Jul '23 100-310-695503 822.24 08/17/2023 GLASER WEIL 276885 Professional Services Legal, Jun '23 100-155-700011 131.25 08/17/2023 ORACLE AMERICA, INC. 100908935 Offsite Backup, Jul '23 100-195-720050 88.55 08/17/2023 ARC DOCUMENT SOLUTIONS, LLC 12194703 Printing Services, VALH, Aug '23 100-000-229100 46.39 08/17/2023 HOME DEPOT 1613863 Build-A-Fort, Jul '23 100-310-695503 106.79 08/17/2023 RALPHS GROCERY COMPANY 0723139194_23897904 Staff Meeting, Aug '23 100-310-611000 34.82 08/17/2023 STRONG, APRIL LORENE 081423 National Night Out, Aug '23 100-420-695000 350.00 08/17/2023 ORACLE AMERICA, INC. 100876060 Offsite Backup, Jun '23 100-195-720050 84.19 08/17/2023 BRATZERMANN 063023 1/2 Marathon Expense, May '23 100-310-695507 180.00 08/17/2023 RODRIGUEZ, RUBEN ANGUIANO 063023 Program Expense, 1/2 Marathon 100-310-695507 350.00 08/17/2023 RALPHS GROCERY COMPANY 0723138880_23769975 Operating Supplies, Comm Svcs, Jul 100-310-622005 102.75 08/17/2023 AT AND T - CALNET 3 000020340253 Traffic Signal, Public Works, Jul '23 100-356-630000 24.53 08/17/2023 AT AND T - CALNET 3 000020345829 Alarm, Com Ctr & City Hall Lines, Aug '23
100-195-630000 161.74
08/17/2023 AT AND T - CALNET 3 000020345829 Alarm, Com Ctr & City Hall Lines, Aug '23
100-310-630100 119.06
Payables Detail Report
City of Laguna Hills, CA By Fund
Payment Dates 08/11/2023 - 08/31/2023
Payment Date Vendor Name Payable Number Description (Payable) Account Number Fund: 100 - GENERAL FUND
08/11/2023 OCSD LAW ENFORCEMENT

CONTRACT, OC TREASURER-TAX
SH 65978 Law Enforcement Services, Aug '23 100-420-720800 802,190.00

4.4.b
Packet Pg. 36
Attachment: Payables Detail Report - September 12, 2023 (3278 : Warrant Register, September 12, 2023) Amount
08/31/2023 SOUTHERN CALIFORNIA EDISON 063023 - Acct #700162476559 Street Lights, Traffic Control, Jun '23 100-356-631900 4,327.83 8/31/2023 10:51:28 PM Page 2 of 6
08/29/2023 DE NOVO PLANNING GROUP 3827 Hazard Mitigation Plan, Apr '23 100-355-700300 1,850.00 08/29/2023 DE NOVO PLANNING GROUP 3843 Hazard Mitigation Plan, May '23 100-355-700300 4,331.50 08/31/2023 SOUTHERN CALIFORNIA EDISON 063023 - Acct #700162476559 Street Lights, Traffic Control, Jun '23 100-356-631400 57.54 08/24/2023 MOBILE MINI, INC. 9018489409 Storage Rental, Community Center, 8/9 - 9/5/23
100-310-641000 217.80
08/24/2023 MOBILE MINI, INC. 9018602883 Storage Rental, Community Center, 8/17 - 9/13/23
100-310-641000 341.83
08/24/2023 LIBORIO, LUISA FRD-0316 Refund, Facility Deposit, R #1035205.002
100-000-222000 500.00
08/24/2023 JAMEY CLARK, INC. 74208 Park Repairs, Public Works, Aug '23 100-355-720701 1,450.00 08/24/2023 NIEVES LANDSCAPE, INC. 75345 Parks Contract Repair, Aug '23 100-355-720701 1,758.60 08/24/2023 MOBILE MINI, INC. 9018478419 Storage Rental, Community Center, 8/8 - 9/4/23
100-310-641000 82.97
08/24/2023 TOTAL SOURCE OFFICEWORKS 32989 Office Supplies, Comm Ctr, Aug '23 100-310-620500 213.23 08/24/2023 CHARLES ABBOTT ASSOCIATES, INC 66142 Professional Services, Jul '23 100-225-700000 27,446.02 08/24/2023 JAMEY CLARK, INC. 74184 Graffiti Removal, Public Works, Aug 100-355-720500 452.50 08/24/2023 PRIDESTAFF, INC. 301689873 Temporary Staffing, Aug '23 100-225-720512 1,398.40 08/24/2023 TOTAL SOURCE OFFICEWORKS 32981 Office & Operating Supplies, Aug '23 100-195-620000 175.03 08/24/2023 TOTAL SOURCE OFFICEWORKS 32981 Office & Operating Supplies, Aug '23 100-195-622000 96.16 08/24/2023 WEST COAST ARBORISTS, INC. 202833 Tree Trimming Services, Jul '23 100-355-720702 33,438.85 08/24/2023 HATTOX DESIGN GROUP, LLC 2308100 Civic Center Improvements, CIP #505 100-600-790600 4,425.00 08/24/2023 PRIDESTAFF, INC. 301688152 Temporary Staffing, Aug '23 100-225-720512 1,347.62 08/24/2023 HR GREEN PACIFIC, INC. 165936 Public Works Permit Inspections, Jul '23
100-355-700255 1,125.00
08/24/2023 DUDEK 202306334 Housing Study, USE-0147-2023, Jul 100-225-700201 1,891.25 08/24/2023 IRV SEAVER MOTORCYCLES 20231826 Motorcycle Maintenance, Police Svcs, Aug '23
100-420-646100 431.05
08/24/2023 DELL COMPUTER CORPORATION 10688115965 Vmware Upgrade Project, Jul '23 100-195-940000 18,963.36 08/24/2023 JAMES KELLY 1106a Music for Summer Concert Series, Jul '23
100-310-695513 1,500.00
08/24/2023 SPARKLETTS 12194330 081623 Operating Supplies, Comm Ctr, Aug 100-310-622005 284.27 08/24/2023 MARTIN LOCK AND SAFE CO. 092123 Maintenance, Comm Ctr, Aug '23 100-310-645500 743.17 08/24/2023 GIDDY UP RANCH 092323 Heritage Day, Deposit, Aug '23 100-310-695531 500.00 08/24/2023 DELL COMPUTER CORPORATION 10681691399 Video Conferencing Device, Jul '23 100-195-940000 3,015.92 08/24/2023 KNIGHT, LORNA 081823 Contract Instructor Services, Yoga 100-310-721500 535.50 08/24/2023 CREATIVE KIDS PLAYHOUSE

CHILDRENS THEATRE OF OC
081823 Musical Theatre, Contract Instructor
Services
100-310-721500 6,825.00
08/24/2023 SANDS, CINDY 082323 Operating Supplies, Aug '23 100-155-622000 182.27 08/24/2023 CHRISTINA ELKINS 081823 Contract Instructor Services, Dance 100-310-721500 2,268.00 08/24/2023 BASICS OF SKATEBOARDING 081823 Contract Instructor Services, Skateboard Instr
100-310-721500 735.00
08/24/2023 DALE BRUCE EISENBERG 081823 Contract Instructor Services, Aikido 100-310-721500 238.00 08/24/2023 SAN DIEGO GAS AND ELECTRIC 081523 Street Lights, Traffic Control, Jul-Aug '23
100-355-631000 28.07
08/24/2023 SAN DIEGO GAS AND ELECTRIC 081523 Street Lights, Traffic Control, Jul-Aug '23
100-356-631400 13,885.82
08/24/2023 SAN DIEGO GAS AND ELECTRIC 081523 Street Lights, Traffic Control, Jul-Aug '23
100-356-631900 3,364.03
08/24/2023 SAN DIEGO GAS AND ELECTRIC 063023a Street Lights, Traffic Control, Com Ctr, Jun '23
100-356-631400 2,520.64
08/24/2023 MOULTON NIGUEL WATER DISTRICT 081023 Water Usage, Public Works & Com Ctr, Jul '23
100-310-635100 706.32
08/24/2023 MOULTON NIGUEL WATER DISTRICT 081023 Water Usage, Public Works & Com Ctr, Jul '23
100-355-635000 5,420.10
08/23/2023 HIGH LEVEL SECURITY SOLUTIONS,
INC.
5622 Private Security Patrol, 7/31 - 100-420-720850 10,500.00 08/24/2023 SAN DIEGO GAS AND ELECTRIC 063023a Street Lights, Traffic Control, Com Ctr, Jun '23
100-310-631100 10,978.09
08/24/2023 SAN DIEGO GAS AND ELECTRIC 063023a Street Lights, Traffic Control, Com Ctr, Jun '23
100-355-631000 11,114.72
Payment Date Vendor Name Payable Number Description (Payable) Account Number 08/18/2023 COX COMMUNICATION 080523 T-1 Line, Aug '23 100-195-630000 862.08 08/18/2023 COX COMMUNICATION 080823 Traffic Signal, Aug '23 100-195-630000 84.00 Payables Detail Report Payment Dates: 08/11/2023 - 08/31/2023

4.4.b
Packet Pg. 37
Attachment: Payables Detail Report - September 12, 2023 (3278 : Warrant Register, September 12, 2023) Amount
8/31/2023 10:51:28 PM Page 3 of 6
08/31/2023 SOUTHERN COMPUTER WAREHOUSE INV00785043 Adobe Subscription, Aug '23 100-195-720050 56.04 Fund 100 - GENERAL FUND Total: 1,365,224.80
Fund: 212 - MEASURE M
08/17/2023 CHARLES ABBOTT ASSOCIATES, INC 66123 Road Maintenance, Jul '23 212-355-720400 141,152.07 Fund 212 - MEASURE M Total: 141,152.07
08/31/2023 VASQUEZ-ROSALES, REYNA FRD-0317 Refund, Facility Deposit, R #1035656.002
100-000-222000 500.00
08/31/2023 VASQUEZ-ROSALES, REYNA FRD-0317 Refund, Facility Deposit, R #1035656.002
100-000-451100 (50.00)
08/31/2023 PEREZ, VERONICA ESPINOZA FRD-0318 Refund, Facility Deposit, R #1035457.002
100-000-222000 500.00
08/31/2023 ROMERO, ALEJANDRO CD-0969-BLDR-0167-2023 Refund, Permit Fees, REC-011028- 2023
100-000-436001 46.04
08/31/2023 ROMERO, ALEJANDRO CD-0969-BLDR-0167-2023 Refund, Permit Fees, REC-011028- 2023
100-000-442000 315.94
08/31/2023 ROMERO, ALEJANDRO CD-0969-BLDR-0167-2023 Refund, Permit Fees, REC-011028- 2023
100-000-442000 153.09
08/31/2023 ROMERO, ALEJANDRO CD-0969-BLDR-0167-2023 Refund, Permit Fees, REC-011028- 2023
100-000-221011 2.00
08/31/2023 ROMERO, ALEJANDRO CD-0969-BLDR-0167-2023 Refund, Permit Fees, REC-011028- 2023
100-000-221012 4.00
08/31/2023 ROMERO, ALEJANDRO CD-0969-BLDR-0167-2023 Refund, Permit Fees, REC-011028- 2023
100-000-227001 102.00
08/31/2023 A SOURCE OF PRIDE 9110710 Operating Supplies, Aug '23 100-195-622000 161.63 08/31/2023 KJC ROOFING, INC CD-0968-BLDR-0252-2023 Refund, C&D Deposit, REC-011010- 2023
100-000-227001 720.00
08/31/2023 ROMERO, ALEJANDRO CD-0969-BLDR-0167-2023 Refund, Permit Fees, REC-011028- 2023
100-000-221001 6.50
08/31/2023 WOODRUFF 74485 Professional Services Legal, Jul '23 100-225-700012 13,282.70 08/31/2023 ALL CITY MANAGEMENT, INC. 86995 Crossing Guard Services, 8/6/23 - 8/19/23
100-420-720822 3,637.20
08/31/2023 JCTEES.COM CORPORATION 8888 Uniforms, Community Services, Aug '23
100-310-622100 1,044.64
08/31/2023 JAMEY CLARK, INC. 74238 Graffiti Removal, Public Works, Aug 100-355-720500 90.00 08/31/2023 WOODRUFF 74485 Professional Services Legal, Jul '23 100-155-700010 20,563.20 08/31/2023 WOODRUFF 74485 Professional Services Legal, Jul '23 100-155-700011 2,189.60 08/31/2023 RJ ELECTRIC 62175 Parks Contract Repair, Aug '23 100-355-720701 802.48 08/31/2023 JAMEY CLARK, INC. 74229 Park Repairs, Public Works, Aug '23 100-355-720701 157.50 08/31/2023 JAMEY CLARK, INC. 74232 Park Repairs, Public Works, Aug '23 100-355-720701 180.00 08/31/2023 COMPLETE OFFICE OF CALIFORNIA 4030506-0 Computer Supplies, Mar '23 100-195-621000 83.96 08/31/2023 DOG WASTE DEPOT 563693 Operating Supplies, Aug '23 100-355-622000 619.45 08/31/2023 RJ ELECTRIC 61990 Summer Concert Series, Aug '23 100-310-695513 1,325.00 08/31/2023 CANON FINANCIAL SERVICES, INC. 31079300 Lease - Copier, City Hall, 8/1/23 - 8/31/23
100-195-641200 253.84
08/31/2023 CANON FINANCIAL SERVICES, INC. 31079301 Lease - New Admin Copier, 8/1/23 - 8/31/23
100-195-641200 317.82
08/31/2023 CANON FINANCIAL SERVICES, INC. 31079302 Lease - Copier, Comm Ctr, 8/1/23 - 8/31/23
100-195-641200 451.49
08/31/2023 SHUTE, MIHALY WEINBERGER LLP 282672 Professional Services, Legal, Jul '23 100-155-700011 1,333.90 08/31/2023 PRIDESTAFF, INC. 301692449 Temporary Staffing, Aug '23 100-225-720512 1,329.40 08/31/2023 PRIDESTAFF, INC. 301693895 Temporary Staffing, Aug '23 100-225-720512 1,398.40 08/31/2023 WEST COAST ARBORISTS, INC. 203568 Tree Trimming Services, Aug '23 100-355-720702 16,686.24 08/31/2023 G2 CONSTRUCTION INC. 230809-F Progress Payment #1, CIP #412 100-000-201001 (12,500.00) 08/31/2023 G2 CONSTRUCTION INC. 230809-F Progress Payment #1, CIP #412 100-600-790600 250,000.00 08/31/2023 MOULTON NIGUEL WATER DISTRICT 082423 Water Usage, Public Works, Aug '23 100-355-635000 85.59 08/31/2023 OCCMA 082923 Membership and Dues, Aug '23 100-155-610000 63.00 08/31/2023 STUDIO TWO BLACK DIAMOND 100440 Printing Services, Aug '23 100-195-623000 37.71 08/31/2023 COX COMMUNICATION 081723 T-1 Line, Aug '23 100-195-630000 582.84 08/31/2023 SOUTHERN CALIFORNIA EDISON 082123 - Acct #700076000453 Street Lights, Traffic Control, Jul '23 100-355-631000 53.73 08/31/2023 SOUTHERN CALIFORNIA EDISON 082123 - Acct #700076000453 Street Lights, Traffic Control, Jul '23 100-356-631400 54.30 Payables Detail Report Payment Dates: 08/11/2023 - 08/31/2023 Payment Date Vendor Name Payable Number Description (Payable) Account Number 08/31/2023 SOUTHERN CALIFORNIA EDISON 080123 - Acct #700162476559 Street Lights, Traffic Control, Jul '23 100-356-631400 1,302.44

4.4.b
Packet Pg. 38
Attachment: Payables Detail Report - September 12, 2023 (3278 : Warrant Register, September 12, 2023) Amount
08/31/2023 G2 CONSTRUCTION INC. 230809-F Progress Payment #1, CIP #412 600-254-950412 250,000.00 Fund 600 - CAPITAL IMPROVEMENT PROJECT Total: -
Grand Total: 1,551,036.65
8/31/2023 10:51:28 PM Page 4 of 6
Fund 451 - LIABILITY SELF-INSURANCE Total: 380.80
Fund: 600 - CAPITAL IMPROVEMENT PROJECT
08/24/2023 HATTOX DESIGN GROUP, LLC 2308100 Civic Center Improvements, CIP #505 600-000-490100 (4,425.00) 08/24/2023 HATTOX DESIGN GROUP, LLC 2308100 Civic Center Improvements, CIP #505 600-255-950505 4,425.00 08/31/2023 G2 CONSTRUCTION INC. 230809-F Progress Payment #1, CIP #412 600-000-490100 (250,000.00) Fund 306 - CR&R RECYCLING FEE Total: 13,644.17
Fund: 307 - C & D FORFEITED DEPOSITS
08/17/2023 CITY OF LAKE FOREST 1310 MOU LH/LF Franchise Procurement, Dec '22-Jun '23
307-355-700000 30,634.81
Fund 307 - C & D FORFEITED DEPOSITS Total: 30,634.81
Fund: 451 - LIABILITY SELF-INSURANCE
08/31/2023 WOODRUFF 74485 Professional Services Legal, Jul '23 451-155-700011 380.80 Payables Detail Report Payment Dates: 08/11/2023 - 08/31/2023 Payment Date Vendor Name Payable Number Description (Payable) Account Number Fund: 306 - CR&R RECYCLING FEE
08/17/2023 ECONOMICS, INC. 2023-1 Professional Services, Recycling Program, Jul '23
306-355-700000 13,644.17

4.4.b
Packet Pg. 39
Attachment: Payables Detail Report - September 12, 2023 (3278 : Warrant Register, September 12, 2023) 8/31/2023 10:51:28 PM Page 5 of 6
100-310-695508 July Fourth Celebration 2,075.00 2,075.00 100-310-695513 Concerts 5,475.00 5,475.00
100-310-695531 Heritage Day 500.00 500.00
100-310-721500 Contract Services-Program Svce 10,601.50 10,601.50 100-355-613100 Vehicle-Fuel 420.83 420.83
100-310-635100 Utilities - Water Comm Ctr 706.32 706.32 100-310-641000 Rent/Lease - Equipment 868.31 868.31
100-310-645500 Maint&Repair-Facility Comm Ctr 743.17 743.17 100-310-695503 Build A Fort Camps 2,794.89 2,794.89
100-310-695507 Marathon 5k 530.00 530.00
100-310-620500 Office Supplies - Comm Ctr 213.23 213.23 100-310-622005 Operating Supplies Comm Ctr 387.02 387.02 100-310-622100 Operating Supplies - Uniforms 1,044.64 1,044.64 100-310-630100 Phone & Communication Comm 119.06 119.06 100-310-631100 Utilities - Electric Comm Ctr 10,978.09 10,978.09 100-225-700201 Plan Application 1,891.25 1,891.25
100-225-700225 Housing Element 1,280.87 1,280.87
100-225-720512 Contract Staffing Services 5,473.82 5,473.82 100-310-611000 Training and Education 34.82 34.82
100-310-613100 Vehicle-Fuel 646.32 646.32
100-195-720050 Contract Serv-Software Support 228.78 228.78 100-195-940000 Computer Hardware & Software 21,979.28 21,979.28 100-225-613100 Vehicle-Fuel 536.33 536.33
100-225-700000 Prof. Svcs - Building & Safety 27,446.02 27,446.02 100-225-700012 Legal Services - Community 13,282.70 13,282.70 100-195-622000 Operating Supplies 675.09 675.09
100-195-623000 Printing 37.71 37.71
100-195-630000 Telephone & Communication 1,690.66 1,690.66 100-195-641200 Rent/Lease - Copier 1,023.15 1,023.15
100-195-700090 Computer Consulting Services 2,925.00 2,925.00 100-155-700010 Legal Services-General Counsel 20,563.20 20,563.20 100-155-700011 Legal Services-Litigation 12,186.00 12,186.00 100-155-700051 Professional Services - Annual 1,600.00 1,600.00 100-195-620000 Office Supplies 175.03 175.03
100-195-621000 Computer Supplies 83.96 83.96
100-000-436001 Admin Fee- Waste Recycling 46.04 46.04
100-000-442000 Building Related Permits 469.03 469.03
100-000-451100 Recreation Fees-Reservation (50.00) (50.00) 100-155-610000 Memberships and Dues Expense 63.00 63.00 100-155-622000 Operating Supplies 182.27 182.27
100-000-221011 Building Standards Fee 2.00 2.00
100-000-221012 SB1186 ADA CASp Fees 4.00 4.00
100-000-222000 Refundable Deposits 1,500.00 1,500.00
100-000-227001 Security Deposit - Waste 822.00 822.00
100-000-229100 Trust Account - VALH Project - 46.39 46.39 600 - CAPITAL IMPROVEMENT PROJECT - -
Grand Total: 1,551,036.65 1,551,036.65
Account Summary
Account Number Account Name Expense Amount Payment Amount 100-000-201001 Accounts Payable - Retention (12,500.00) (12,500.00) 100-000-221001 SMIP - Residential 6.50 6.50
Fund Expense Amount Payment Amount
100 - GENERAL FUND 1,365,224.80 1,365,224.80
212 - MEASURE M 141,152.07 141,152.07
306 - CR&R RECYCLING FEE 13,644.17 13,644.17
307 - C & D FORFEITED DEPOSITS 30,634.81 30,634.81
451 - LIABILITY SELF-INSURANCE 380.80 380.80
Payables Detail Report Payment Dates: 08/11/2023 - 08/31/2023 Report Summary
Fund Summary

4.4.b
Packet Pg. 40
Attachment: Payables Detail Report - September 12, 2023 (3278 : Warrant Register, September 12, 2023) **None** 1,551,036.65 1,551,036.65
Grand Total: 1,551,036.65 1,551,036.65
8/31/2023 10:51:28 PM Page 6 of 6
600-000-490100 Transfer In- General Fund (254,425.00) (254,425.00) 600-254-950412 Water Quality Improvements 250,000.00 250,000.00 600-255-950505 CIP-Civic Center Improvements 4,425.00 4,425.00 Grand Total: 1,551,036.65 1,551,036.65
Project Account Summary
Project Account Key Expense Amount Payment Amount
100-600-790600 Transfer Out to Capital Imprv. 254,425.00 254,425.00 212-355-720400 Street Maintenance 141,152.07 141,152.07 306-355-700000 Professional Services 13,644.17 13,644.17 307-355-700000 Professional Services 30,634.81 30,634.81 451-155-700011 Legal Services-Litigation 380.80 380.80
100-420-646100 Maint & Repairs - Vehicles 431.05 431.05 100-420-695000 CommunityAsstnc/PublicRelation 350.00 350.00 100-420-720800 General Law Enforcement 802,190.00 802,190.00 100-420-720822 Crossing Guard Services 3,637.20 3,637.20 100-420-720850 Private Security Patrol 10,500.00 10,500.00 100-356-630000 MOE Telephone & 24.53 24.53
100-356-631400 MOE Electricity-Streetlights & 17,820.74 17,820.74 100-356-631900 MOE Electrcity On-bill Financing 7,691.86 7,691.86 100-356-720420 MOE Traffic Signal Maintenance 20,933.62 20,933.62 100-420-613100 Vehicle-Fuel 400.64 400.64
100-355-720401 Other Public Works Maintenance 7,539.00 7,539.00 100-355-720500 Graffiti Removal 542.50 542.50
100-355-720700 Landscape Maintenance Contract 5,448.55 5,448.55 100-355-720701 Parks Contract Repair 4,348.58 4,348.58
100-355-720702 Tree Maintenance 50,125.09 50,125.09
100-355-635000 Utilities - Water 5,505.69 5,505.69
100-355-646100 Maint & Repairs - Vehicles 8.00 8.00
100-355-700250 On-Call Engineer Services 7,247.00 7,247.00 100-355-700255 Improvement Inspection 6,250.00 6,250.00 100-355-700300 Hazard Mitigation Plan 6,181.50 6,181.50 Payables Detail Report Payment Dates: 08/11/2023 - 08/31/2023 Account Summary
Account Number Account Name Expense Amount Payment Amount 100-355-622000 Operating Supplies 619.45 619.45
100-355-631000 Utilities - Electric 11,196.52 11,196.52

4.4.b
Packet Pg. 41
Attachment: Payables Detail Report - September 12, 2023 (3278 : Warrant Register, September 12, 2023) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: September 12, 2023
TO: Mayor and Council Members
FROM: David Reynolds
Deputy City Manager/Community Services Director
ISSUE: 2023 Holiday Lighting and Decorations Agreement with the Christmas Kings
RECOMMENDATION: That the City Council: 1) Waive competitive formal bidding requirements and procedures set forth in the City of Laguna Hills Municipal Code (LHMC) Section 3-08.090 with regard to approval of the proposed Holiday Lighting and Decorations Agreement with The Christmas Kings, as it is hereby found and determined, pursuant to LHMC Section 3-08.110, that the recommended contract is for entertainment services and community support; and 2) Approve the proposed Holiday Lighting and Decorations Agreement and authorize the City Manager to execute the Agreement.

SUMMARY:

The current 2023-2025 Biennial Budget includes a budget for City-wide holiday decorations in the amount of $100,000 in each fiscal year. Last year, The Christmas Kings (TCK) provided the City with holiday decorations and a light show synchronized to music in the Community Center Plaza area. The 2022 holiday decorations and lights were well received by the public. Three proposals were received for this year’s decorations and were discussed with the Events, Beautification, and Communication Committee (ECBC). After review of the proposals and discussions with the ECBC, TCK is recommended as the City’s light vendor for this year’s holiday decorations (including a light show at the Community Center). It is recommended for the City Council to approve the attached agreement and authorize the City Manager to execute the agreement.

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BACKGROUND:

In accordance with the City's purchasing ordinance (LHMC 3-08.110(L), subsections (10) and (11)), the City need not follow the formal procurement procedures set forth in Section 3-08.090 of the LHMC when the City Council finds and determines a contract is for entertainment services and/or community support. Nevertheless, Staff solicited informal proposals from three qualified vendors to identify a scope of work and budget that would be satisfactory to the City.

Staff discussed the proposals with the ECBC on August 21, 2023, and TCK was selected as the recommended vendor with modifications to their scope of holiday decorations.

ECBC’s modifications to this year’s lights and decorations included the removal of the décor pieces installed at the entry monument, changing the central décor piece at the plaza area as noted below, and lights/decorations added to the tree canopies at the Community Center along Alicia Pkwy and at the corner of the entry monument along Paseo de Valencia.

Details of TCK’s proposed 2023 holiday decorations are included below as well as in the attached proposed agreement. The 2023 holiday decorations proposal accounts for increased lighting in the tree canopies at the Community Center by using hanging cluster lights as well as installing the hanging cluster lights in the tree canopies of the entry monument medians. The additional lighting at the Community Center will increase the overall cost of this year’s holiday decorations as noted in the fiscal impact section of this report. Per the proposed agreement, TCK will install all lights and decoration in working condition by December 1, 2023, or on an earlier scheduled date agreed upon by TCK and the City, and will remove all lights and decorations beginning January 2, 2024, and completed by January 31, 2024.

Summary of TCK Decorations

1. Community Center (cost of $50K)
a. Lights around building roofline
b. Wreath and other decorations on windows at Community Center main entrance
c. Decorations on top of pillars at PDV/Alicia Community Center sidewalk entrance

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d. Walk-through décor piece in plaza area – XL Present Box (See Image A) e. Lights around tree trucks at Community Center Drive
f. Lights in the plaza area and adjacent to Alicia Pkwy to include wrapping of tree trunks and limbs.
g. Lights in bushes and palms adjacent to Community Center building h. Addition of hanging cluster lights to the outer canopies of the trees adjacent to Alicia pkwy and on Paseo de Valencia (see Image B). For an example of the hanging cluster lights see Image C. (Cost of $7.5K)

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2. El Toro Median and Monuments (Cost of $22K)
a. Lights around twelve (12) palm trees with uplights
b. Decorations on top of each monument pillar

3. Five (5) Laguna Hills Entry Monuments Decorated (Cost of $17K) a. Entry monument locations:
i. 1. Lake Forest/Moulton
ii. 2. Alicia/5 freeway
iii. 3. La Paz/5 freeway
iv. 4. Oso/Cabot
v. 5. Moulton/Nellie Gail Rd.
b. Decorations shall include the following at each monument i. Garland and lights on entry monument signs
ii. Lights wrapped around tree trunk and limbs of trees located in close proximity to entry monument
iii. Lights installed in bushes in front and back of monument

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iv. Installation of hanging cluster lights to the outer canopies of the median trees in close proximity to entry monument (see Image C)

4. Proposal includes a light show synchronized to music at the Community Center plaza area. (Cost of $10K)
FISCAL IMPACT:

The budget for the holiday decoration plan is $100,000 for FY2023/2024. TCK’s original proposal to the City included a total cost of $99,000. Including the ECBC’s direction to add additional lighting to the outer tree canopies at the Community Center, as well as staff’s recommendation to continue with decorating the tree canopies at the entry monuments, the total proposed cost is increased by $7,500 for a total cost of $106,500.

The additional costs, above the approved budget of $100,000, can be absorbed into the Community Services Department budget.

ATTACHMENTS:
• Proposed Holiday Lighting and Decorations Agreement with The Christmas Kings

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1695327.1

TERMS AND AGREEMENT

1. TERMS OF AGREEMENT:
a. The Invoice, dated September 1, 2023 and numbered 22-1112 (the “Invoice”) and the City of Laguna Hills 2023 Proposal dated September 1, 2023, attached hereto as Exhibit “A” and incorporated herein, along with these Terms and Agreement will represent the exclusive agreement (“Lighting Agreement”) between The Christmas Kings (“TCK”) and The City of Laguna Hills (the “Client”).
b. The term of the Lighting Agreement shall be effective and begin on ___________ and remain in effect through the end of the applicable holiday season, on January 31st, 2024.

2. PAYMENT TERMS:
a. The Client shall pay TCK the amount set forth in the invoice with the following terms in mind.
b. DEPOSIT - a deposit of 50% shall be due Net30 once the Invoice and terms are agreed upon.
c. BALANCE DUE - Client shall pay the remaining balance to TCK including any additional billable invoices that were incurred after initial contracting NET30 after the scope of work is completed in full.
d. CLIENT REFUNDS AND CREDITS - if there is a particular scope of work that cannot be completed due to customer power, construction, change of mind, or any other reason not in the control of TCK, TCK and the Client in a reasonable timely manner shall re-design, reallocate, or change the scope of work to another item valued at the same cost. Once a price point and invoice is agreed upon by the Client, the Client may not diminish their budget for that holiday season after the fact and request a refund or hold final payment. e. CANCELLATION POLICY - in the event of a Client cancelation more than 30 days prior to the scheduled installation date, the Client shall forfeit a portion of their deposit amount which will be 25% of their total invoiced amount as a cancelation fee. If the Lighting Agreement is cancelled within 30 days of the installation date the Client shall be responsible for 50% of the invoice amount. If there is custom decor specific for the Client's project that has been ordered or manufactured at the request of Client, the Client will be responsible for 100% of the costs associated with such decor.
f. OWNERSHIP OF MATERIALS - TCK is the sole owner of all materials used on projects with the Client unless otherwise specified on the invoice denoting a purchase, lease to own, Client provided material, or similar. All products are supplied on a rental basis and it is the duty and obligation of the Client and their employees to use their best efforts to protect and ensure decorations and materials are not damaged, or stolen during the rental duration.

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Once installed on the Client’s property, Client shall be responsible for the replacement or repair costs of materials that are stolen or damaged, excepting normal wear and tear or weather-related damage.

3. SCOPE OF WORK
a. Installation
i. TCK will provide installation using commercially reasonable efforts to complete the installation as described in the scope of work and detailed on the Invoice (the “Project”), attached hereto as Exhibit “A” and incorporated herein. TCK will install the Client display by no later than December 1st or on an earlier scheduled date agreed upon by TCK and the Client. All Non Daytime decor (trees, bushes, roof lines, etc.) will be installed prior to November 1st and powered off until commencement of lighting display designated by Client. Determination of installation methods will be at the sole discretion of TCK. TCK shall not be responsible for functionality issues due to electrical system faults or inadequate power availability at the property.
b. Service
i. TCK will use commercially reasonable efforts to ensure all decorations are in working order during the season from the install date to January 1st, 2024. All service calls during the season shall be relayed to TCK in writing so there is a trackable date and time stamp on the service call. Please send detailed information about the issue so we can promptly respond and remedy the situation. TCK has a 24-48 hour service call response time for issues depending on the severity of the issue and service area. Clients are required to change sprinkler run times in areas that lights have been requested. Sprinkler times must be set to start any time after the lights are off and to stop at least 4 hours prior to the lights activating. If there are issues with GFCI’s popping and sprinkler times have not been changed clients may experience additional charges for service calls.
c. Removal
i. All lighting displays will be removed beginning January 2nd and completed January 31st.

4. CUSTOMER CHECKLIST AND RESPONSIBILITIES:
a. Power - Clients must provide sufficient power to each location lights are requested to be installed. TCK does not always conduct a site survey and it is not included in our pricing, Clients are urged to have an electrical evaluation done with their preferred electrical contractor in order to ensure proper working power is available for TCK to tie into. b. Bubble covers - All outlets should be equipped with In-Use covers to prevent tripping from intruding water threats. TCK cannot ensure workability of displays that are connected to outlets without bubble covers, and the Client may incur service call charges. c. GFCI - The most common service call is for a tripped GFCI. Customers are responsible for first attempting to reset the GFCI before requesting service. NOTE: power must be live to the outlet in order to reset the GFCI button. If an outlet is on a timer or photocell, that device must be activated to allow power to flow to the outlet before trying to reset. If a TCK technician is dispatched to repair an issue related to a popped GFCI in the circumstance that is related to a non protected GFCI outlet or a Client related power issue, the Client will

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be responsible for $75 per hour including drive time for the repair. d. Sprinklers - Sprinkler systems must operate only when the lights are off. Please give 4 hours of dry time before the lights turn on for the evening. The TCK lights used on all projects are outdoor rated but they are not meant to be hit by direct pressurized water. If sprinklers hit lights or outlets, the GFCI will trip and cause light failure. e. Tree trimming - TCK suggests all trees scheduled for lighting to be trimmed in the month of September if needed or prior as installs begin late September in most areas. Trimming trees has several benefits: helps with the speed of install, allows more lights to be visible from guests, allows install technicians to wrap higher and more primary branches offering a better final product for no additional costs to the Client.
f. Deployed Product During The Season - TCK is not responsible for our product or Client owned product that has been stolen, cut, damaged, or destroyed while on the clients property. Clients must offer a safe and secure environment with adequate and sufficient security/supervision to prevent decorations from being stolen or damaged.

5. LEGAL
a. Notices - all notices and correspondence shall be delivered electronically to TCK main customer support email or the appropriate salesperson.
b. Modification or Waiver - No amendments, modifications or waivers of the Lighting Agreement shall be binding unless both parties agree in writing and both sign an amendment, addendum or new contract.
c. Severability - The invalidity or unenforceability of any particular provision of the Lighting Agreement shall not affect the other provisions hereof, and this Lighting Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. d. Governing Law -The Lighting Agreement shall be constructed and enforced under and in accordance with the laws of the state of California.
e. Dispute Resolution
i. (a) Mediation. In the event a dispute arises between the parties with respect to the Lighting Agreement, the parties agree to first submit such dispute to mediation in Orange County, California, which process shall commence by one party providing written notice to the other party requesting mediation. The mediator shall be selected by mutual agreement of the parties, provided, however, if the parties cannot agree on a mediator, TCK shall provide a list of five acceptable mediators to Customer and Customer shall choose the mediator from such list. The mediator shall conduct the mediation as he/she determines, with the agreement of the parties. The parties shall discuss their differences in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential. The mediator may not testify for either party in any later proceeding relating to the dispute. The mediation proceedings shall not be recorded or transcribed. Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. If the parties have not resolved a dispute within 90 days after written notice beginning mediation (or a longer period, if the parties agree to extend the mediation),

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the mediation shall terminate and the dispute shall be settled by arbitration. (b) Arbitration. If the parties are unable to resolve any dispute through mediation as set forth above, the parties will refer the issue (to the exclusion of a court of law) to final and binding arbitration in Orange County, California in accordance with the then existing Commercial rules (“Rules”) of the American Arbitration Association (“AAA”), and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, that the law applicable to any controversy shall be the law of the State of California, regardless of principles of conflicts of laws. In any arbitration pursuant to this Lighting Agreement, (i) discovery shall be allowed and governed by the Rules, and (ii) the award or decision shall be rendered by a single arbitrator appointed by mutual agreement of the parties. In the event of failure of the parties to agree within thirty (30) days after the commencement of the arbitration proceeding upon the appointment of the arbitrator, the arbitrator shall be appointed by the AAA in accordance with the Rules. Upon the completion of the selection of the arbitrator, an award or decision shall be rendered within no more than thirty (30) days. Notwithstanding the foregoing, the request by either party for preliminary or permanent injunctive relief, whether prohibitive or mandatory, shall not be subject to arbitration and may be adjudicated only by the courts of the State of California located in Orange County or the Federal District Court for the District of California. EACH PARTY HERETO HEREBY IRREVOCABLY AND

UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT IT MAY LEGALLY AND

EFFECTIVELY DO SO, TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING ARISING HEREUNDER. All aspects of the arbitration shall be treated as confidential.

The parties and the arbitrator may disclose the existence, content or results of the arbitration only in accordance with the Rules or applicable professional standards.

6. INSURANCE

6.1 Compliance with Insurance Requirements. TCK shall obtain, maintain, and keep in full force and effect during the term of this Lighting Agreement, at its sole cost and expense, and in a form and content satisfactory to Client, all insurance required under this section. TCK shall not commence any Project services or work under this Lighting Agreement unless and until it has provided evidence satisfactory to Client that it has secured all insurance required under this section. If TCK’s existing insurance policies do not meet the insurance requirements set forth herein, TCK agrees to amend, supplement or endorse the policies to do so.

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

A. Commercial General Liability Insurance. TCK shall obtain and maintain, in full force and effect throughout the term of this Lighting Agreement, a policy of Commercial General Liability Insurance written on an occurrence basis with limits of at least one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) in the general aggregate, and one million dollars ($1,000,000.00) for products and completed operations. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Lighting Agreement.

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B. Automobile Liability Insurance. TCK shall obtain and maintain, in full force and effect throughout the term of this Lighting 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. TCK shall obtain and maintain, in full force and effect throughout the term of this Lighting 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.

TCK agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the Client, its officials, officers, employees, agents and volunteers, and to require each of its sub consultants and subcontractors, if any, to do likewise under their workers’ compensation insurance policies. TCK shall obtain and maintain, in full force and effect throughout the term of this Lighting 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.

6.3 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 Client will accept workers’ compensation insurance from the State Compensation Fund. In the event the Client determines that the Project work or services to be performed under this Lighting Agreement creates an increased or decreased risk of loss to the Client, TCK agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Client. TCK shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.

6.4 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 Client for written approval. Required insurance policies shall contain the following provisions, or TCK shall provide endorsements on forms approved by the Client 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 Client, 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 Lighting 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 TCK, or (4) contain any other exclusions contrary to the Lighting 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

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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 Client. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of TCK’s failure to pay the insurance premium, the notice provided to Client shall be by ten (10) days prior written notice.

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

6.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the Client in advance and shall protect the Client, 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.

6.6 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 Client, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

6.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the Client, its officials, officers, employees, agents and volunteers, or shall specifically allow TCK 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. TCK hereby agrees to waive its own right of recovery against the Client, its officials, officers, employees, agents and volunteers, and TCK hereby agrees to require similar written express waivers and insurance clauses from each of its sub consultants or subcontractors.

6.8 Evidence of Coverage. Concurrently with the execution of the Lighting Agreement, TCK 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 Client 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 Client. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, TCK shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the Client evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. TCK shall promptly furnish, at Client’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents Client requires to verify coverage.

6.9 Requirements Not Limiting. Requirements 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 Lighting

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Agreement, or the extent to which TCK may be held responsible for payments of damages to persons or property.

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

6.11 Insurance for Subconsultants. TCK shall either: (1) include all subconsultants or subcontractors engaged in any Project work or services for TCK relating to this Lighting Agreement as additional named insureds under the TCK’s insurance policies; or (2) TCK 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 Client, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by TCK’s subconsultants or subcontractors performing any Project work or services related to this Lighting Agreement shall be endorsed to name the Client, its officials, officers, employees, agents and volunteers, as additional insureds.

TCK shall not allow any subconsultants or subcontractors to commence any Project work or services relating to this Lighting Agreement unless and until it has provided evidence satisfactory to Client that the subconsultant or subcontractor has secured all insurance required under this section.

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

A. TCK shall provide immediate written notice to Client 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 TCK and available or applicable to this Lighting 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 Lighting Agreement or any other agreement relating to the Client 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 Client 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 TCK’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

E. TCK 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 TCK, provide the same minimum insurance coverage required of TCK. TCK agrees to

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

F. TCK agrees to provide immediate written notice to Client of any claim, demand or loss against TCK arising out of the Project work or services performed under this Lighting 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 Lighting Agreement.

7. INDEMNIFICATION
To the fullest extent permitted by law, TCK shall defend (at TCK’s sole cost and expense with legal counsel reasonably acceptable to Client), indemnify, protect, and hold harmless Client, its 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 (TCK’s employees included), for damage to property, including property owned by Client, or from any violation of any federal, state, or local law or ordinance, which Claims arise out of, pertain to, or are related to TCK’s performance under this Lighting Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Lighting Agreement be construed to limit TCK’s indemnification obligation or other liability hereunder.

8. ENTIRE LIGHTING AGREEMENT
This Lighting Agreement constitutes the entire Lighting Agreement between the parties hereto and supersedes all prior negotiations, arrangements, representations, or understandings, if any, made by or among the parties with respect to the subject matter hereof. No amendments or other modifications of this Lighting Agreement shall be binding unless executed in writing by both parties hereto, or their respective successors, assigns, or grantees.

9. NO DURESS
This Lighting Agreement has been entered into without force or duress, signing at free will of the Client and each party involved. The Client has had free will with a clear decision to enter into this Lighting Agreement as a fully informed decision and such persons/companies/or clients are aware of all legal verbiage and has complete understanding of all listed contractual terms and agreements.

I THE UNDERSIGNED AGREE IN FULL WITH ALL THE TERMS AND CONDITIONS LAID OUT IN THE ATTACHED DOCUMENTS AND INVOICES. I THE UNDERSIGNED AM QUALIFIED ON BEHALF OF SELF, CLIENT, OR THE PROPERTY/COMPANY TO ENTER INTO SUCH CONTRACT. [Signatures on Next Page]

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OVERVIEW
Please initial each of the following key points from the contract

1. 50% Deposit due at the time of job approval, 50% final payment due Net30 after the removal of the installation.

2. All product provided as seasonal rental, unless otherwise stated in scope of work

3. Client must provide pre-checked and working Power Outlet (with bubble cover) at each lighting location. TCK cannot run power across sidewalks or more that 100’ from Outlet

4. Price includes installation, service calls with a 24-48 hour response time, and removal of all products in January. All takedowns will be done between January 2nd – 31st (Weather Permitting)

5. Client must have landscape company change any nearby sprinklers to run only during daytime hours with a stop time no less than 4 hours ahead of lights on time and must be done before “lights on” date

6. Any Vendor Registration Fees will be paid by the Client or the fee will be added onto the final invoice payment if they are not disclosed at the time of contracting.

7. All non daytime decor will be installed in November (tree lighting, roof lines, fence lighting, flood lights, etc.). All Greenery, Bows, Decor, and final power connections will be done prior to the lights on date. The install date will be on or before December 1st, or an earlier date agreed upon by Client and TCK.

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“Client”
City of Laguna Hills,
a California municipal corporation
JARAD L. HILDENBRAND,
City Manager

ATTEST:
(SEAL)

JENNIFER LEE,
City Clerk

APPROVED AS TO FORM:

GREGORY E. SIMONIAN,
City Attorney
“TCK”
The Christmas Kings
By: __________________________

MATHEW KRONQUIST,
President

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Exhibit A
Scope of Work

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Attachment: Proposed Holiday Lighting and Decorations Agreement with The Christmas Kings (3277 : 2023 Holiday Lighting and Decorations The Christmas Kings
31500 Grape St Ste 3233
Lake Elsinore, CA 92532
(951) 454-9777
[email protected]

INVOICE
CLIENT
City of Laguna Hills

ADDRESS
City of Laguna Hills, 25555 Alicia Parkway, Laguna Hills CA, 92653 INVOICE 22-1112
DATE 09/01/2023
QTY Description Amount
1 * 2023 Holiday Lighting & Decor Services - $106,500
1 *All Product Supplied As A Rental -
1 *Service to include - Installation - Service - Removal - * NOTE - - CITY OF LAGUNA HILLS COMMUNITY CENTER
8 Tree Branch Wrapped with Micro LED lights approx. 4"-6" spacing on Trunk and Major Limbs - Large Tree Wrap Height approx. 12 - 15' high - Trees along each side of entrance drive wrapped with Micro Pure/Pure shimmering lights
1 C9 LED Lighting w/ 12" spacing - Roof Edge Lighting Around The Perimeter Of The Building Alternating pure white and red C9 lights on perimeter of building not utilized with light show 2 Leblanc Decor Piece - 2 - 7.5' Pandora Snowflakes with animated LED Drip Lights - Hung on the windows on the left and right of the main entrance to the building 1 Wreath Non Decorated - 6' Pre-Lit Wreath with Red and Gold Structural Bow installed above Main Entry Doors at Community Center

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Attachment: Proposed Holiday Lighting and Decorations Agreement with The Christmas Kings (3277 : 2023 Holiday Lighting and Decorations 1 Lebanc illuminations Photo Op Display Large Walk Through - XL Walk through Giftbox installed within courtyard
2 Leblanc Decor Piece - 2 - 3’ Out of Ground Gift boxes to be set near XL walk through Gift box 2 Leblanc Decor Piece - 2 - 7.5' tall pre lit Red ornaments on corner monument pillars 2 Leblanc Decor Piece - 2 - 4.5' tall white ornaments on the top of the corner monument pillars 1 MIcro LED lights - 5mm micro LED lights with 6" spacing between bulbs - Lighting installed on bushes or hedges - Light up bushes and trees along front of Community Center Building - Pure white and Red LED mini lights
17 Tree Branch Wrapped with Micro LED lights approx. 4"-6" spacing on Trunk and Major Limbs - Large Tree Wrap Height approx. 12 - 15' high - 17 - Trees along pedestrian path at community center with Pure white shimmering LED lights
Hanging Cluster Lights - *** HANGING CLUSTER LIGHTS - hung within the outer canopies of the trees at the Community center that are trunk and branch wrapped as part of the scope of work 1 Live Christmas Tree - Trunk wrapped with micro warm, CANOPY wrapped with C7 warm ORNAMENTS hung within canopy of Christmas tree
* NOTE - - EL TORO MEDIANS - (2 Identical medians)
12 Tree Branch Wrapped with Micro LED lights approx. 4"-6" spacing on Trunk and Major Limbs - CUSTOM HEIGHT - 12 - Spiral wrap palms with Pure white shimmering LED Micro lights - apx 25' high
12 Uplights- - 12 - Palm trees with 2 uplights each to light up palm fronds. Front and back along median
8 Leblanc Decor Piece - 8 TOTAL - 3' tall out of ground gift boxes & 4.5' tall ornaments installed on the tops of the pillars - alternating styles

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Attachment: Proposed Holiday Lighting and Decorations Agreement with The Christmas Kings (3277 : 2023 Holiday Lighting and Decorations * NOTE - - 5 - LAGUNA HILLS MONUMENTS
5 Garland Decorated - Deluxe Oregon Fir decorated garland with 2"-4" ornaments - standard is Red/Silver/Gold section is 9' x 12" - 5 - Lit Decorated Garland across the top of each Monument sign
5 MIcro LED lights - 5mm micro LED lights with 6" spacing between bulbs - Lighting installed on bushes or hedges - 5 - Light up bushes in front and behind Monument signs with Pure White Shimmering LED Micro lights
5 Tree Branch Wrapped with Micro LED lights approx. 4"-6" spacing on Trunk and Major Limbs - Large Tree Wrap Height approx. 12 - 15' high - 5 - Branch wrap trunk and major limbs of Magnolia tree behind each monument sign with Pure White Shimmering LED micro lights 6 Tree Branch Wrapped with Micro LED lights approx. 4"-6" spacing on Trunk and Major Limbs - Large Tree Wrap Height approx. 12 - 15' high - 6 - Additional trees behind South Moulton Entry Monument - Light up trunks and major limbs
3 Tree Branch Wrapped with Micro LED lights approx. 4"-6" spacing on Trunk and Major Limbs - Large Tree Wrap Height approx. 12 - 15' high - 3 - Additional trees behind Oso Parkway Entry Monument - Light up trunks and major limbs
2 Tree Branch Wrapped with Micro LED lights approx. 4"-6" spacing on Trunk and Major Limbs - Large Tree Wrap Height approx. 12 - 15' high - 2 - Additional trees behind La Paz Entry Monument - Light up trunks and major limbs
1 Tree Branch Wrapped with Micro LED lights approx. 4"-6" spacing on Trunk and Major Limbs - Large Tree Wrap Height approx. 12 - 15' high - 1 - Additional trees behind Alicia Entry Monument - Light up trunks and major limbs
Hanging Cluster Lights - Multiple Sets Installed within canopies of median trees - on sides of the trees most viewable from driving approach on all Medians * NOTE - - LIGHT SHOW AT COMMUNITY CENTER
1 RGB Light Show Decor - Smart Pixel C9 Lighting - Along front edge and side of community center - apx 400' total
8 RGB Light Show Decor - Smart Pixel strands 50ct. - 8 - Trees in courtyard wrapped with RGB LED lights
1 RGB Light Show Decor - Tree Of Lights- 1 - 18' RGB tree of lights installed in center of courtyard

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Attachment: Proposed Holiday Lighting and Decorations Agreement with The Christmas Kings (3277 : 2023 Holiday Lighting and Decorations 2 RGB Light Show Decor - Tree Of Lights- 2 - 14' Tree of lights set within the grass areas of the courtyard
8 RGB Light Show Decor - RGB CORO PROP - 8 - Coro props utilized within light show - spinners, candy canes, singing face
6 RGB Light Show Decor - 6 Total songs incorporated into light show sequencing 1 RGB Light Show Decor - Speakers and audio system installed for sound projection of light show 1 CUSTOM ITEM - Present Box Light Switch provided upon installation for use at Lights on Event TOTAL: $106,500

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Attachment: Proposed Holiday Lighting and Decorations Agreement with The Christmas Kings (3277 : 2023 Holiday Lighting and Decorations

CITY OF LAGUNA HILLS
We Proudly Present
2023 Proposal
September 1, 2023

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COMMUNITY CENTER

LIGHTING
Trees and Bushes in the
Courtyard with Pure White and
Red LED mini lights to match the
Community Center Building
Lights and Decor Pieces mixed
throughout the City.

C9 Red and Pure white Lights
will be installed on the back &
sides of the building and the front
will be incorporated into the light
show.

Christmas Tree planted in 2022:

Trunk and canopy wrapped with
lights. Ornaments added to the
canopy.

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LAGUNA HILLS

COMMUNITY CENTER
Alternating Red-White LED C9 bulbs on
the sides and back of Community
Center Building
6’ Pre-Lit Wreath with 48” Red Bow
mounted above main entry doors
Two 7.5’ Tall Snowflakes mounted on
windows to left and right of main
entrance
Pure white lights in bushes and small
palm trees in front of building. Red
mini lights in fronds of small palm
trees.

Installation of INTERACTIVE PHOTO OP
in front of Community Center Building
-XL WALK THROUGH PRESENT BOX

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LAGUNA HILLS

COMMUNITY CENTER
ADDITION FOR 2023
Add for 2023:

Hanging cluster lights set within high
points of the canopies of the trees within
the scope - most viewable from street side

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LIGHT SHOW

FEATURES

RGB LED LIGHTS THAT DANCE TO

MUSIC AND SYNCHRONIZED

TOGETHER TO CREATE AN

IMMERSIVE INTERACTIVE LIGHT
SHOW
8 branch wrapped trees with micro
RGB LED lights approx. 15’ high
400’ RGB C9 LED roof line lights
1 x 18’ tall trees of lights with 1200
RGB LED micro lights each
2 x 14’ tall trees of lights with 800
RGB LED micro lights each
BOSCOYO coro props - spinners,
stars, candy canes, and a singing
element
6 songs - synchronized lights to
music VIDEO LINK FROM 2021: CLICK HERE FOR VIDEO

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CORNER PILLARS

PASEO DE VALENCIA AND

ALICIA PKWY
Two 7.5’ Tall 3D Red Ornaments
Pre-Lit with twinkling LED lights
sitting on top of big Pillars by stairway
Two 4.5’ Tall 3D White Ornaments
Pre-Lit with twinkling LED lights
sitting on top of smaller Pillars
No garland on the base of the pillars
for 2023

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EL TORO

CENTER MEDIANS
Spiral wrap Palm Trees in center island
with Pure White Twinkling LED mini
lights at 4” spacing up approx. 25’ high
Two 30 watt Uplights on each Palm Tree
lighting up Palm Fronds
Place a 4.5’ Tall 3D Lit Ornament /
Present boxes at top of ALL 8 PILLARS
*Note: There are two medians that look like
this, both will be lit and decorated the same

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LAGUNA HILLS CITY

MONUMENTS
-ADJUSTMENT
Wrap trunk and major limbs of Trees
behind Monument Signs with LED
Pure White mini lights at 4” spacing
between wraps approx. 15’ high
LED Twinkle Hanging Cluster
Lights Installed within the
upper canopies of the median
trees - on areas most viewable
from driving approach
LED Lit Garland across top of each
Monument Sign with Red Bows
Bushes in front of and behind
Monument Signs lit with Pure White
LED Twinkle lights - Ground cover as
applicable

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2021 LIVE PICS 4.5.a
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LIGHT SHOW

EXAMPLES

VIDEO LINKS
Got This Feeling
https://vimeo.com/259792135
Uptown Funk
https://vimeo.com/259791445
Feels
https://vimeo.com/261728153

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Thank You!
We look forward to bringing your idea to life!
DISCLOSURE: all renderings and visions are IP of TCK and is not to be disclosed to any persons outside of City of Laguna Hills and its partners.

Designs are free of charge but must not be distributed to others.

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City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE:

TO:

FROM:

ISSUE:

September 12, 2023
Mayor and Council Members
Joe Ames, P.E., T.E.

Public Works Director/City Engineer
Notice of Completion and Final Payment for the Phase XI Water Quality Project, CIP No. 412-K
RECOMMENDATION: That the City Council: 1) Certify the completion of and accept the improvements for the subject project; 2) Authorize the Public Works Director to sign the Notice of Completion; 3) Authorize the recording of the Notice of Completion with the County of Orange and to release the faithful performance and payment bonds one year and 35 days, respectively, after the date of recordation of the Notice of Completion contingent upon no claims or liens being filed with the City; and 4) Authorize payment of the final retention 35 days after the date of recordation of the Notice of Completion in the net amount of $12,500.00, if no liens have been filed.

SUMMARY:

Work on the Phase XI Water Quality Project, CIP No. 412-K, began on July 11, 2023, and was completed by G2 Construction, Inc. on August 2, 2023. 129 automated retractable screen units were installed in 32 catch basins, and 62 connector pipe screens were installed in 62 catch basins. The contractor has submitted a final retention payment request for approval. Prior to paying the retention payment, the City Council must first certify the completion of and accept the improvements, and City staff must record a notice of completion with the County of Orange. The retention may be paid 35 days after the date of recordation of the Notice of Completion if no liens have been filed.

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Notice of Completion for Phase XI Water Quality Project, CIP No. 412-K September 12, 2023

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BACKGROUND:

The Phase XI Water Quality Project, CIP No. 412-K, was awarded to G2 Construction, Inc. on June 13, 2023, by the City Council in the amount of $250,000.00. The improvements are now complete and ready for acceptance. The project was completed with no contract change orders, bringing the final construction cost to $250,000.00.

Procedurally, a five-percent (5%) retention is withheld from each payment to assure final performance of the work. The contractor for this project has submitted the retention progress payment in the amount of $12,500.00.

City staff recommends that the City Council: 1) Certify the completion of and accept the improvements for the subject project; 2) Authorize the Public Works Director to sign the Notice of Completion; 3) Authorize the recording of the Notice of Completion with the County of Orange and to release the faithful performance and payment bonds one year and 35 days, respectively, after the date of recordation of the Notice of Completion contingent upon no claims or liens being filed with the City; and 4) Authorize payment of the final retention 35 days after the date of recordation of the Notice of Completion in the net amount of $12,500.00, if no liens have been filed.

FISCAL IMPACT:

The progress payment is within the FY2023/2024 Capital Improvement Program budget for the Phase XI Water Quality Project, CIP No. 412-K.

ATTACHMENTS:
• Notice of Completion CIP 412-K

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Recording Requested by and
When Recorded Mail to:

Jennifer Lee, City Clerk
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
No Fee Exempt per GC§27383
By:

NOTICE OF COMPLETION
Notice is hereby given that the following public improvements have been completed and accepted by the City Council of the City of Laguna Hills on September 12, 2023.

Description of Improvements
Phase XI Water Quality Project, CIP No. 412-K
General Location
Various Locations within the City of Laguna Hills
Owner of Property Address Contractor
City of Laguna Hills G2 Construction, Inc.
24035 El Toro Road 1352 E. Borchard Avenue
Laguna Hills, CA 92653 Santa Ana, CA 92705
This Notice of Completion is executed under authority of a directive from the City Council of the City of Laguna Hills.

I, Joseph J. Ames, declare under penalty of perjury that I am the City Engineer of the City of Laguna Hills, that I am familiar with the facts stated in the foregoing Notice of Completion executed for and on its behalf, and that I have read the foregoing Notice of Completion and know the contents thereof to be true.

Dated: September 12, 2023
Joseph J. Ames, P.E., T.E., Public Works Director/City Engineer City of Laguna Hills

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Attachment: Notice of Completion CIP 412-K (3280 : Notice of Completion for Phase XI Water Quality Project, CIP No. 412-K) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE:

TO:

FROM:

ISSUE:

September 12, 2023
Mayor and Council Members
Joe Ames, P.E., T.E.

Public Works Director/City Engineer
Award of Public Works Construction Contract for the Citywide Sidewalk Repairs and Concrete Construction Project Re-Bid, CIP No. 106 RECOMMENDATION: That the City Council: 1) Award the Public Works Construction Contract for the Citywide Sidewalk Repairs and Concrete Construction Project Re-Bid, CIP No. 106, to the lowest responsive bidder, CT&T Concrete Paving, Inc., in the amount of $607,850; 2) Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA), Class 1 Existing Facilities, pursuant to CEQA Guidelines, Section 15301; 3) Reject all other bids; 4) Authorize the Mayor to sign the Public Works Construction Contract; and 5) Authorize the Finance Director to amend the budget by transferring $100,000 from CIP No. 184 to CIP No. 106, $26,350 from CIP No. 513 to CIP No. 106, and $63,650 from CIP No. 101 to CIP No. 106.

SUMMARY:

Bids for the Citywide Sidewalk Repairs and Concrete Construction Project Re-Bid, CIP No. 106, were opened on August 1, 2023, at which time three bids were received. CT&T Concrete Paving, Inc., which is the lowest responsive bidder, submitted a bid in the amount of $607,850 for the base bid. CT&T Concrete Paving, Inc. provided satisfactory references and City staff verified the contractor is licensed for the contemplated work and is registered with the State Department of Industrial Relations.

BACKGROUND:

In accordance with the City Council authorization on June 13, 2023, this project was rebid.

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Award of Contract for Citywide Sidewalk Repairs & Concrete Construction Project ReBid, CIP No. 106 September 12, 2023

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On August 1, 2023, three bids for the Citywide Sidewalk Repairs and Concrete Construction Project Re-Bid, CIP No. 106, were opened as follows:

Bidder Base Bid Amount
CT&T Concrete Paving, Inc. $607,850.00**
Gentry General Engineering, Inc. $873,839.00
Hardy & Harper, Inc. $897,875.00
**A mathematical error in the contractor’s total stated bid of $629,910 was discovered. Based on unit prices, the actual bid was $607,850.

Formal bidding procedures have been followed in conformance with the State of California Public Contract Code, and the City of Laguna Hills Municipal Code.

CT&T Concrete Paving, Inc., which is the lowest responsive bidder, submitted a bid in the amount of $607,850 for the base bid. CT&T Concrete Paving, Inc. provided satisfactory references and City staff verified the contractor is licensed for the contemplated work and is registered with the State Department of Industrial Relations.

Therefore, award of the contract to CT&T Concrete Paving, Inc. in the bid amount of $607,850 is recommended.

The project includes:
• Removal and replacement of sidewalk, parkway culverts, and driveway aprons in various locations throughout the City;
• Removal of existing sidewalk, construction of a wider sidewalk and a retaining wall, and installation of landscaping and irrigation on the slope behind the retaining wall on the southerly side of La Paz Road between Paseo de Valencia and Grissom Road in front of Valencia Elementary School as a cooperative effort between the City and Saddleback Valley Unified School District; • Removal of existing sidewalk and construction of a wider sidewalk on the northerly side of La Paz Road between Rickenbacker Road and The Hills Hotel driveway; and

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Award of Contract for Citywide Sidewalk Repairs & Concrete Construction Project ReBid, CIP No. 106 September 12, 2023

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• Removal of existing turf grass and soil and construction of concrete within the Community Center’s service driveway.

Subsequent to the bidding of the project, additional work has been identified which includes additional locations for sidewalk removal and replacement throughout the City.

Therefore, the proposed budget transfers include a contingency for this additional work.

If the budget transfers are approved, any contract change orders will be administratively handled in accordance with Section 3-28 of the Municipal Code.

CEQA FINDINGS:

Staff has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and determined that this project is categorically exempt from CEQA pursuant to Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1 – Existing Facilities).

FISCAL IMPACT:

The remaining budget in CIP No. 106 is $500,000, which includes $150,000 in funding from Saddleback Valley Unified School District for the construction of the retaining wall in front of Valencia Elementary School.

City staff is proposing the following budget transfers for this project: $100,000 from CIP No. 184 to CIP No. 106, $26,350 from CIP No. 513 to CIP No. 106, and $63,650 from CIP No. 101 to CIP No. 106.

The budget analysis is on the next page.

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Award of Contract for Citywide Sidewalk Repairs & Concrete Construction Project ReBid, CIP No. 106 September 12, 2023

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Estimated Expenses
Construction Contract Amount $607,850.00
Contingency for Change Orders $82,150.00
Total Budgeted Project Amount $690,000.00
Proposed Budget
Existing Budget, CIP No. 106 $500,000.00**
Proposed Transfer from CIP No. 184 (La Paz Road
Widening) to CIP No. 106 $100,000.00
Proposed Transfer from CIP No. 513 (Community
Center Renovations) to CIP No. 106 $26,350.00
Proposed Transfer from CIP No. 101 (Annual Street
Maintenance) to CIP No. 106 $63,650.00
Total Proposed Budget Amount $690,000.00
**This includes $150,000 in funding from Saddleback
Valley Unified School District
ATTACHMENTS:
• Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving, Inc.

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LH 6909-01/2020
1511509.1

CITY OF LAGUNA HILLS

NOTICE INVITING BIDS FOR CONSTRUCTION OF
CITYWIDE SIDEWALK REPAIRS & CONCRETE CONSTRUCTION PROJECT RE-BID, CIP NO. 106
NOTICE IS HEREBY GIVEN that sealed bids for the CITYWIDE SIDEWALK REPAIRS & CONCRETE CONSTRUCTION PROJECT RE-BID, CIP NO. 106 (“Project”) in the City of Laguna Hills will be received at the Office of the City Engineer of the 24035 El Toro Road, Laguna Hills, until 10:00 a.m. on Tuesday, August 1, 2023, at which time they will be publicly opened and read aloud.

DESCRIPTION OF THE WORK: In general, the work is comprised of public works construction including removal and replacement of existing structures, demolition, construction, and other miscellaneous improvements as shown in the plans and specifications and as required to complete the work.

AWARD OF CONTRACT: The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder, and reject all other bids, as it may best serve the interest of the City. Within three (3) business days of bid opening contractor must submit a revised bid bond with numerical dollar values, both in words and with digits of bid amount. Within give (5) working days after the date of Notice of Apparent Low Bidder, the successful bidder will be required to submit required Contract Agreement and Insurance. Within ten (10) working days after the date of the Notice of Award, the successful bidder will be required to submit Bonds (Faithful Performance and Material and Labor), Construction Schedule, and Traffic Control Plan.

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

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

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

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

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RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payments by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. If the Contractor chooses not to exercise its rights under Public Contract Code Section 22300, the full five percent (5%) retention will be deducted from all payments. The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion, if no stop notices have been filed. The City may withhold from release of the final retention amounts authorized under Public Contracts Code Section 7107 and/or 125% of amounts identified in any Stop Notices received by the City.

OBTAINING OR INSPECTING CONTRACT DOCUMENTS: Contract Documents may be inspected without charge at the Public Works Department, City Hall, 24035 El Toro Road, Laguna Hills, California 92653. Contract Documents are available in portable document form (PDF) on the City’s website:
http://www.lagunahillsca.gov/bids. It is the contractor’s responsibility to ensure they are on the City’s Plan Holder’s List and they obtain any addendums or clarifications that are issued by the City on the City’s website prior to submitting a bid. For any questions regarding acquisition of Contract Documents, contact Julie Comella at [email protected].

Dated this 13th day of June 2023. City of Laguna Hills, California BY _____________________________

JENNIFER LEE, CITY CLERK
Published: Saddleback Valley News 24035 El Toro Road
Laguna Hills, CA 92653

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CITY OF LAGUNA HILLS

INSTRUCTIONS TO BIDDERS
FOR

CITYWIDE SIDEWALK REPAIRS & CONCRETE CONSTRUCTION PROJECT RE-BID, CIP NO. 106

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

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

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

DOCUMENTS OR FURNISH THE REQUIRED INSURANCE POLICIES AND BONDS AS

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

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

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

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5. DELIVERY OF PROPOSAL
Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the CITY's designated official prior to the bid opening time deadline set forth in the "Notice Inviting Sealed Bids." Late proposals will not be considered and will be returned to the bidder unopened. Proposals shall be enclosed in a sealed envelope plainly marked on the outside, "CITYWIDE SIDEWALK REPAIRS & CONCRETE CONSTRUCTION PROJECT RE-BID, CIP NO. 106- DO NOT OPEN WITH REGULAR MAIL."

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

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

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

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

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

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

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will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The City Engineer will not be responsible for any other explanation or interpretations of the proposed documents.

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

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

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

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

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

Within three (3) days of bid opening contractor must submit a revised bid bond with numerical dollar values, both in words and with digits of bid amount. Wihtin five (5) working days after the date of the Notice of Apparent Low Bidder, the successful bidder will be required to submit required Contract Agreement and Insurance. Within ten (10) working days after the date of the Notice of Award, the successful bidder will be required to submit Bonds (Faithful Performance and Material and Labor). Submission of these documents shall be at the Low Bidder’s sole cost and expense and shall not be made reimbursable by City. Award of Contract, if made, shall be solely the determination of the City Council.

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

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14. PREVAILING WAGE RATES
The wage rates applicable to this Project are the State of California Department of Industrial Relations prevailing rates of per diem wages. In accordance with the provisions of Sections 1773.2 of the California Labor Code, copies of the general prevailing rate of per diem wages as determined by the State Director of Industrial Relations are available at City Hall, which shall be made available to any interested party upon request, or on the Internet at the State Department of Industrial Relations website (www.dir.ca.gov) under Statistics and Research.

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

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

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

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

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

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15. WORKERS’ COMPENSATION CERTIFICATE
Section 3700 of the Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self-insure from the State Director of Industrial Relations.

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

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

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

17. SUBLETTING AND SUBCONTRACTING.

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

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18. SUBSTITUTION OF SECURITIES
In conformance with Public Contract Code Section 22300, which is incorporated herein by this reference, the Contractor may substitute securities for any monies withheld by the CITY to ensure performance under the Contract or, in the alternative, may request payment of retention earned directly to an escrow agent.

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

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

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

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

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CITY OF LAGUNA HILLS

GENERAL SPECIFICATIONS
FOR

CITYWIDE SIDEWALK REPAIRS & CONCRETE CONSTRUCTION PROJECT RE-BID, CIP NO. 106

SCOPE OF WORK
The work to be performed and completed by Contractor consists of including removal and replacement of existing structures, demolition, construction, and all other incidental work in this specification document.

LOCATION OF WORK
The Project is located at various locations within Laguna Hills, CA as shown on the plans.

TIME OF COMPLETION
The Contractor shall complete all work in every detail within 40 working days after the date of the Notice to Proceed.

TRAFFIC REQUIREMENTS
The Contractor shall provide delineation in accordance with the latest updated version of the California Manual on Uniform Traffic Control Devices (MUTCD). The Contractor shall schedule the order of his work such that no travel lanes are closed before 9:00 A.M. or after 3:30 P.M. daily.

A minimum of one through travel lane and all turning lanes in all directions shall be maintained during construction between 9:00 A.M. and 3:30 P.M. The same number of travel lanes currently in use (at the time of bid) shall be opened to traffic each and every day between 3:30 P.M. and 9:00 A.M. No work that interferes with public traffic shall be performed after 3:30 P.M. or before 9:00 A.M. No street closures shall be made. The traffic signal and traffic signal detectors shall remain operational during the construction until their replacement is scheduled within 5 days of disruption. Night work shall only be allowed with approved, written approval by the City Engineer, at the contractor’s request, and shall be completed at no additional cost if approved.

Separation between travel lanes shall be accomplished by the use of delineators placed at a maximum of 15' on center. Traffic channelization at intersections shall be accomplished by the use of delineators placed at a maximum of 10' on center.

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

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

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NAME ADDRESS CITY, STATE, ZIP ATTENTION Phone
Number
AT&T 3939 E. Coronado
St.

Anaheim, CA
92807
Robert
Fleisher
714/618-
9129
OCTA 550 S. Main Street Orange, CA 92613-
1584
Kyle Poff 714/560-
5816
Southern
California
Edison
14155 Bake
Parkway
Irvine, CA 92718 Chris
Schafer
949/458-
4413
Gas Company 1919 South State
College
Anaheim, CA
92806
Andrew
Alday
714/385-
3377
Gas Company
Southern
Region
Transmission
P. O. Box 1100 Chatsworth, CA
91313
Rosalyn
Squires
818/701-
4546
CR&R P.O. Box 1100 San Juan
Capistrano, CA
92693-1100
Mike
Campuzano
949/254-
1779
Moulton Niguel
Water District
27500 La Paz
Road
Laguna Niguel, CA
92677
Steve Merk 949/425-
3538
Cox
Communication
27121 Towne
Centre Drive
Foothill Ranch, CA
92610
Reynaldo
Castro
949/563-
8889
The California Public Utilities Commission mandates that, in the interest of public safety, main line gas valves be maintained in a manner to be readily accessible and in good operating condition.

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

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

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

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

FLOW AND ACCEPTANCE OF WATER
It is anticipated that storm, surface or other waters will be encountered at various times and locations during the work herein contemplated. The Contractor, by submitting a bid, acknowledges that he has investigated the risk arising from such waters and has prepared his bid accordingly, and Contractor, by submitting a bid, assumes all of said risk. The Contractor shall prepare a Stormwater Pollution Prevention Plan, shall use Best Management Practices and comply with all NPDES and Sate Construction Permit requirements pertaining to water quality to minimize adverse water quality impacts from the project before initiating construction. The payment for this work of plan preparation and field implementation, as required, and compliance with permits is deemed included in the lump sum price paid for Mobilization and no additional compensation shall be allowed therefore.

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

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

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

STANDARD SPECIFICATIONS
The Standard Specifications of the City are contained in the 2018 edition of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, also known as the “Greenbook”, including all supplements, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern

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California District of the Associated General Contractors of California, which is incorporated herein by this reference. Copies of these Standard Specifications are available from the publisher:

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

The section numbers of the following Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment, elaboration, addition, or that are specifying options are stated in the Special Provisions.

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

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

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

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

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

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Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work provided pursuant to the Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of the Agreement.

Contractor understands and agrees to comply with the following California Labor Code compliance conditions [Labor Code Sections 1720 et seq., 1813, 1860, 1861, 3700]:
a) The Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Contractor agree to be bound by all the provisions thereof as though set forth in full herein.
b) Contractor shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the effective date of this Agreement.
c) Contractor agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (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. d) Pursuant to California Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices as prescribed by DIR regulations and furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2). e) Eight (8) hours of labor shall constitute a legal day’s work for all workmen employed in the execution of this Agreement, and the Contractor and any subcontractor shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. Contractor shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. (See, e.g., Cal. Labor Code §1815.)
f) Pursuant to California Labor Code Section 1771.1, Contractor and any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of

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the California Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the DIR and qualified to perform public work pursuant to California Labor Code Section 1725.2. It is not a violation of California Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by California Business and Professions Code Section 7029.1 or by California Public Contract Code Section 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor shall not perform any work under this Agreement with any subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the California Labor Code.

Apprentices
Section 1777.5 requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to an applicable apprenticeship committee that can supply apprentices to the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Contract.

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

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

RESOLUTION OF CONSTRUCTION CLAIMS
California Public Contract Code (PCC) section 9204 as adopted by Assembly Bill 626 prescribes a process to present, confer, and mediate all construction claims relating to the City’s public works project.
“Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or another public improvement of any kind. “Claim” means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested for (A) a time extension, including, without limitation for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or the amount the payment of which is disputed by the local agency. (PCC 9204(c)(1)) For any claim subject to this article, PCC section 9204 requires the following:
a) The claim shall be submitted by the Contractor in writing, sent by registered mail or certified mail with return receipt requested and must include the documents necessary to substantiate the claim. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. However, upon receipt of

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a claim, the City, and the Contractor may, by mutual agreement, extend the time period provided by statute.
b) For claims of all amounts, the City shall respond within 45 days of receipt of the claim, and provide the claimant a written statement identifying which portion of the claim is disputed and which portion of the claim is undisputed. If the City requires approval from the City Council, and the City Council does not meet within the 45-day period to respond, the City shall have up to three days to issue its response following the City Council meeting. c) For all portions of a claim determined to be undisputed, the City must process payment to the claimant within 60 days of issuing the City’s written determination. d) If the claimant disputes the City’s response, or if the City fails to respond within the time limits provided, the claimant may demand an informal conference to meet and confer for settlement of the issues in dispute. The demand must be sent in writing by registered or certified mail, return receipt requested. Upon receipt of a demand, the City must schedule a meet and confer conference within 30 days for settlement of the disputed claim. e) Within 10 business days following the conclusion of the meet and confer conference, if any portion of the claim remains in dispute, the City shall provide the claimant an addition written statement identifying the portion of the claim that is undisputed and the portion that remains in dispute.
f) For all portions of a claim determined to be undisputed, the City must process payment to the claimant within 60 days of issuing the City’s written determination. g) Any remaining undisputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation in which the parties share the cost evenly. The City and the claimant shall mutually agree on a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree, each party shall select a mediator and those mediators shall jointly select a qualified, neutral third party to mediate the remaining undisputed claim. Each party shall bear the respective costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside of PCC section 9204.

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

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

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

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

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

CLAYTON ACT AND CARTWRIGHT ACT
In accordance with Section 7103.5 of the Public Contract Code, in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, and interest in and all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.

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CITY OF LAGUNA HILLS

SPECIAL PROVISIONS
FOR

SPECIFICATIONS FOR

CITYWIDE SIDEWALK REPAIRS & CONCRETE CONSTRUCTION PROJECT RE-BID, CIP NO. 106
PART 1 - GENERAL PROVISIONS
SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS. 1-2 DEFINITIONS.

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

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

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

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

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Within ten (10) working days after the date of the Notice of Award, the Contractor shall execute and return the following documents to the City:
• Faithful Performance Bond
• Material and Labor Bond
• Construction Schedule
• Traffic Control Plan
• Water Pollution Control Plan
• Form W-9
• Encroachment Permit Application
• Construction Materials Submittals

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

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

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

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

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

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

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

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

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

Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement has been met.

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2-2 PERMITS. [Add the following to this section]:

Prior to the start of any work, the Contractor shall take out the applicable City and State permits and make arrangements for City and State inspections. Requests for inspections shall be made to the City at least 24 hours in advance of need. The Contractor and all subcontractors shall each obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or public utility. Payment for this work shall be included in the bid items of work and no additional compensation will be allowed. The City will waive any City permit fees.

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

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

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

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subcontracted portion of the extra work and a markup of five (5) percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.

The markups mentioned hereinafter shall include, but are not limited to, all costs for the services of superintendents, project managers, timekeepers and other personnel not working directly on the change order and pickup or yard trucks used by the above personnel. These costs shall be reported as labor or equipment elsewhere except when actually performing work directly on the change order and then shall only be reported at the labor classification of the work performed.

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

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

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

SECTION 3 – CONTROL OF THE WORK.
3-10 SURVEYING.
3-10.4 Permanent Survey Markers. [Add the following to this section]:

Prior to start of construction, the Contractor shall inventory all existing survey monuments and ties within the Project limits. Monument records are for information purposes only, and can be provided by the City upon request. The Contractor is responsible for ensuring that all survey monuments and ties are restored. The Contractor shall file a Corner Record Form referencing survey monuments subject to disturbance in the Office of the County Surveyor. A copy of the filing shall be provided to the City prior to commencement of any work.

The Contractor shall obtain prior approval from the Engineer before setting new survey monuments. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey marker is located, the Contractor shall install a new survey monument

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to the new grade within seven (7) days of finished paving. The survey monument shall be installed to match the existing type destroyed. The Contractor will then reset ties and file a Corner Record Form in the Office of the County Surveyor.
3-10.5 Survey Services. [Add the following to this section]:

The Contractor will provide the initial surveying and the initial construction staking, if required for the construction of this Project. The cost of any additional surveying and/or construction staking primarily for the convenience of the Contractor and for replacement of stakes lost for any reason will be the responsibility of the Contractor. The Contractor shall make all requests in writing for construction stakes at least 48 hours in advance of the day required.

The Contractor shall be responsible for the finished work's conforming to the lines, grades and benchmarks given by the Engineer. The Contractor shall establish supplementary benchmarks, elevations, lines and grades and any other necessary controls which are not established by the Engineer and which are necessary to complete the work. Compensation for above work by the Contractor shall be included within the various items of work and no additional compensation will be allowed.

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

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

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

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

The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers.
5-3 LABOR.

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5-3.3 Payroll Records. [Add the following to this section]:

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

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

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

A. Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance (Insurance Services Office form CG 00 01) written on an occurrence basis with limits of at least two million dollars ($2,000,000.00) per occurrence, four million dollars ($4,000,000.00) in the general aggregate, and four million dollars ($4,000,000.00) for completed operations aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.

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

C. Workers’ Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its

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workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.
5-4.5.2 Acceptability of Insurers. [Add the following to this section]:

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

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

Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

A. The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:
(1) Additional Insured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and
(2) Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Contractor, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
(3) Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Contractor’s failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice.

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

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5-4.5.4 Deductibles and Self-Insured Retentions.

Any deductible or self-insured retention must be approved in writing by the City in advance and shall protect the City, its officials, officers, employees, agents and volunteers, in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
5-4.5.6 Primary and Non-Contributing Insurance.

All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance.

Policies shall contain or be endorsed to contain such provisions. 5-4.5.7Waiver of Subrogation.

All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subcontractors. 5-4.5.8 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. 5-4.5.9 Requirements Not Limiting.

Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.

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5-4.5.10 Enforcement of Agreement (Non-Estoppel).

Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any non-compliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder. 5-4.5.11 Insurance for Subcontractors.

Contractor shall either: (1) include all subcontractors engaged in any work or services for Contractor relating to this Agreement as additional named insureds under the Contractor’s insurance policies; or (2) Contractor shall be responsible for causing its subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Contractor’s subcontractors performing any work or services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers, as additional insureds. Contractor shall not allow any subcontractor to commence any work or services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subcontractor has secured all insurance required under this section.
5-4.5.12 Other Insurance Requirements.

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

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

B. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained 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

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monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.

F. Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor arising out of the work or services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement. 5-4.5.13 Contractor's Liability; City Not Liable; Claims Resolution A. Contractor’s liability. The Contractor shall be responsible for any loss or damage that may occur to:
• The work or any part thereof;
• Any of the materials or other things used or employed in performing the work; • Any injury to any person or persons, either workers or the public; • Any damage to property resulting from any cause which might have been prevented by the Contractor, including defects or obstructions at any time before completion of the work and its final acceptance.

B. City ordered precautions. If, in the opinion of the City Engineer, the precautions taken by Contractor are not safe or adequate at any time during the term of the Contract, the City Engineer may order the Contractor to take further precautions, and if the Contactor shall fail to do so, the City Engineer may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any moneys due or becoming due the Contractor. Failure of the City Engineer to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety.

C. City not liable. The City shall not be answerable or accountable in any manner, for any loss or damage that may occur to any of the following from any cause which might have been prevented by the Contractor:
• The work or any part thereof;
• 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

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above, it shall, prior to the expiration of the thirty (30) days request and extension in writing from the City.

For claims received by City:
(1) City shall process any claims received pursuant to Chapter 3-12 (Claims Against the City) of the Laguna Hills Municipal Code. (2) If after investigation of the claim, the City determines the Contractor is liable under this Contract, City shall tender the claim to the Contractor for proper handling and resolution.

E. Retention of Claimed Damages by City. The City may retain so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City until disposition has been made of such suits or claims for damages aforesaid.
5-7 SAFETY.
5-7.1.3 Traffic and Access. [Add the following to section]:

When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.

The Contractor shall notify in writing all affected property owners of the proposed construction schedule a minimum of forty-eight (48) hours, but not more than seventy-two (72) hours, in advance of any limitation or closure of access to their property. Form of said notice shall be as approved by the Engineer and shall contain the date and time of the closure. In the event of delay, whether beyond the control of the Contractor or not, the Contractor shall notify all affected property owners as to the extent of the delay and his revised schedule. In the event of delay over 72 hours, the Contractor shall re-notify the property owners as described above. Payment for notification and coordination as per Section 7-10 as modified herein shall be included in the compensation paid for the various items of work and no additional compensation will be allowed. The "Notices" will be furnished by the Contractor.

Pedestrian access shall be maintained at all times during construction and shall be in accordance with the Americans With Disabilities Act.

5.7.2 Safety Orders

5.7.2.1 General. [Add the following to this section]:

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

In accordance with Section 6500 of the Labor Code, the Contractor is required to obtain a permit from the Division of Industrial Safety for any trench or excavation which if five feet or more in depth and into which a person is required to descent.

In accordance with Section 6705 of the Labor Code, prior to any excavation involving an expenditure in excess of twenty-five thousand dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit to Engineer a written detailed

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plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches.

Prior to beginning of excavations requiring shoring, the Contractor shall designate in writing to the Engineer someone whose responsibility it is to supervise the Project safety measures and someone whose responsibility it is to supervise the installation and removal of sheeting, shoring and bracing.

In addition to shoring the excavations in accordance with the minimum requirements of Industrial Safety Orders, it shall be the Contractor's responsibility to provide any and all additional shoring required to support the sides of the excavation against the effects of load which may exceed those desired by using the criteria set forth in the Industrial Safety Orders. The Contractor shall be solely responsible for any damages which may result from his failure to provide adequate shoring of the excavation under any and all of the conditions of loading which may exist or which may arise during construction of the Project.

In accordance with Section 7104 of the Public Contract Code, any public works contract which involves excavations that extend deeper than four feet below the surface shall provide as follows:

I. That the Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:

A. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

B. Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.

C. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally as inherent in work of the character provided for in the contract.

II. The local public entity shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the contract.

III. That, in the event that a dispute arises between City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 5-7.2.2.1 Storage of Equipment and Materials in Public Streets. [Add the following section]:

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The Contractor is required to, at his own expense, maintain and operate a work and storage area outside of the public right-of-way. In such case the Contractor shall submit to City written authorization from the owners of the subject property prior to occupation. Occupation of site without written authorization shall be grounds for immediate suspension of work. Location of site to be approved by City. Condition and operation of yard shall conform to these specifications. The Contractor shall assume full responsibility for all damage to the site resulting from his operations and shall repair and/or replace same, at his own expense, to the satisfaction of the owner of the subject property. The Contractor shall vacate site and return it to pre-Project condition within five (5) working days following application for Notice of Completion. The Contractor shall obtain a written release from the property owner accepting the condition of the vacated site and releasing the Contractor from any further clean-up or restoration work and shall submit a copy of such release to City. The Notice of Completion will not be issued until said release is submitted. 5-7.2.2.2 Street Closures, Detours, Barricades. [Add the following section]:

The Contractor shall perform lane closures and all traffic control operations in accordance with the applicable details in the California MUTCD, latest edition. No work shall be performed until the required lane closure traffic control has been installed and approved by the City. If the City does not feel that the Contractor is properly and safely implementing the MUTCD details, then work shall be stopped until such time as the Contractor can successfully remedy the deficiencies.

Portable delineators (traffic cones are not allowed), which conform to the California MUTCD, latest edition, shall be spaced as necessary for proper delineation of the travel way. The spacing between delineators shall not exceed 25 feet. The minimum lane transitions shall be a 50 to 1 taper. Double base delineators will be required.

The Contractor shall schedule the order of his work such that no travel lanes are closed before 9:00 A.M. or after 3:30 P.M. daily. A minimum of one through travel lane and all turning lanes in all directions with flaggers will be required at all times. The same number of travel lanes currently in use shall be opened to traffic during non-working hours. No street closures shall be made unless indicated on the approved traffic control plans. The traffic signal and traffic signal detectors shall remain operational continuously during the construction, and traffic loops that require replacement shall be disrupted no more than 5 calendar days before their replacement.

No night work will be allowed, unless otherwise specified on the Plans or as approved by the City. Weekend work may be allowed subject to approval by the City.

The Contractor shall provide, at his expense, advanced warning signs advising the public of the impending major construction project and his proposed schedule. Said signs shall be posted at all major approaches to the construction zones a minimum of one week prior to the start of construction.

The Contractor shall designate at least one worker solely for the provision and maintenance of traffic control.

The Contractor shall be responsible for providing temporary access to all intersecting streets and driveways throughout the workday and at the end of each workday. A minimum of one access point shall be maintained for each commercial business during their normal business hours.

Pedestrian access shall be maintained at all times and temporary and permanent pedestrian access shall be in accordance with the Americans with Disabilities Act.

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The Contractor shall provide and maintain all other signs, barricades, pedestals, flashers, delineators and other necessary facilities for the protection of the public within the limits of the construction area and shall be maintained in a new or like new condition, free of damage and graffiti.

If the traffic delineators are damaged, displaced or not in an upright position, from any cause, said delineators shall immediately be replaced or restored to their original location, in an upright position, by the Contractor.

The Contractor shall furnish competent flagmen to give adequate warning to traffic or to the public of any dangerous conditions to be encountered. Flagmen, while on duty and assigned to give warnings to the public that the highway is under construction and of any dangerous conditions to be encountered as a result thereof, shall perform their duties and shall be provided with the necessary equipment in accordance with the California MUTCD. The equipment shall be furnished and kept clean and in good repair by the Contractor, at Contractor’s expense.

Should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures as provided, the Engineer may direct attention to the existence of a hazard and the necessary warning and protective measures shall be furnished and installed by the Contractor at its own expense. Should the Engineer point out the inadequacy of warning and protective measures, such action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety or abrogate his obligation to furnish and pay for these devices.

Contractor shall notify the following entities at least forty-eight (48) hours in advance of any street closure or restriction to access.

1. Fire Department: Orange County Fire Authority, (714) 573-6000

2. Police Department: Orange County Sheriff’s Department, (714) 647-7000

3. School Districts: Saddleback Valley Unified: (949) 586-1234, Capistrano Unified: (949) 489- 7000

4. Trash Collection: CR&R, (877) 728-0446

5. Street Sweeping: Sunset Property Services, (949) 551-5151

6. Transit Operations: Orange County Transportation Authority (OCTA), (714) 560-6282

7. Fire Department: Station 18, (949) 858-9369

8. Mail Service: US Postal Service
The City Engineer may add additional entities to this list at his discretion.

All existing stop signs, street name signs and regulatory signs shall be maintained in visible locations during construction. Where construction detours and signing conflict with existing signing, the Contractor shall cover existing signs in a manner approved by the City. The Contractor shall also provide temporary traffic restriping, or reflective white or yellow plastic tabs, at the conclusion of each working day, if not sooner, as directed by the City, for any centerline, painted median or lane line that is obliterated by construction.

The Contractor shall maintain a 24-hour emergency service to remove, install, relocate, and maintain warning devices. No later than 10 days after the award of the Contract, the Contractor shall furnish to the City, names, and telephone numbers of three persons responsible for this emergency service. In the event these persons do not promptly respond when notified, or it becomes necessary to call other forces to accomplish emergency service, the Contractor will be responsible for any cost incurred.

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Prior to the start of each work day, the Contractor shall perform all necessary work incidental to and commensurate with the proper signing, detouring, barricading, etc., heretofore and hereinafter specified that is required for that particular day’s schedule of operations. No construction shall be permitted until such signing and detouring operations have been completed and approved by the City.

Personal vehicles of the Contractor's employees shall only be parked in an allowed area as delineated by the City, and shall not be parked on the traveled way at any time, including any section closed to public traffic.

The Contractor shall also ensure that access to all side streets and driveways are maintained at all times. Work in front of or within driveways and side streets shall be conducted in a manner where at no time is access to property denied. Portions of driveway approaches that are not ready to be opened for traffic at the end of the workday shall be steel plated per the requirements noted in the previous paragraph. The Contractor shall use temporary AC surfacing at his own expense for traffic control as required to maintain traffic in a safe non-disruptive manner.

SECTION 6 - PROSECUTION AND PROGRESS OF WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
6-1.0 General. [Add the following section]:

The Contractor's proposed Construction Schedule shall be submitted to the Engineer within ten (10) working days after the date of the Notice of Award of Contract. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered. The schedule shall establish the order of work which minimizes disruption of existing travel lanes.

Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the respective Contractor to review the proposed Construction Schedule and delivery dates, arrange the utility coordination, discuss construction methods, and clarify inspection procedures.

The Contractor shall submit periodic Progress Reports to the Engineer by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Liquidated damages will be assessed pending receipt of any outstanding reports, as set forth in Section 6-9.1 below. 6-1.3 Construction Schedule (Critical Path Method) [Add the following section]:

The Contractor shall submit to the Engineer practicable critical path method (CPM) progress schedules in conformance with these Special Provisions. Whenever the term “schedule” is used in this section it shall mean CPM progress schedule illustrated by the Gantt Bar method. The schedule shall be prepared by qualified and experienced scheduling staff.

Schedules shall show the order in which the Contractor proposes to carry out the work with logical links between time-scaled work activities, and calculations made using the critical path method to determine the controlling operation or operations. The Contractor is responsible for assuring that

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all activity sequences are logical and that each schedule shows a coordinated plan for complete performance of the work.

The Contractor shall produce schedules using computer software and shall furnish compatible software for the Engineer’s exclusive possession and use. The Contractor shall furnish network diagrams, narrative reports, tabular reports and schedule data as parts of each schedule submittal.

The number of activities shall be sufficient to assure adequate planning of the Project, to permit monitoring and evaluation of progress, and to do an analysis of time impacts.

Schedule activities shall include the following:

A. A clear legible description.

B. Start and finish dates.

C. A duration of not less than one working day, except for event activities, and not more than 40 working days, unless otherwise authorized by the Engineer.

D. At least one predecessor and one successor activity, except for Project start and finish milestones.

E. Required constraints.

F. Codes for responsibility, stage, work shifts, location and contract pay item numbers.

The Contractor may show a scheduled completion date that is later than the Contract completion date on an update schedule, after the baseline schedule is accepted. The Contractor shall provide an explanation for a late scheduled completion date in the narrative report that is included with the schedule.

The Engineer’s review and acceptance of schedules shall not waive any Contract requirements and shall not relieve the Contractor of any obligation thereunder or responsibility for submitting complete and accurate information. Schedules that are rejected shall be correct by the Contract and resubmitted to the Engineer within five (5) working days of notification by the Engineer, at which time a new review period of one week will begin.

Errors or omissions on schedules shall not relieve the contractor from finishing all work within the time limit specified for completion of the Contract. If, after, a schedule has been accepted by the Engineer, either the Contractor or the Engineer discovers that any aspect of the schedule has an error or omission, it shall be corrected by the Contractor on the next schedule.

Payment for the Project schedule and revisions/updates to the schedule shall be made under other items of work and no additional payment shall be made therefore. 6-1.4 Acceleration. [Add the following section]:

The City reserves the right to accelerate the work of the Contract at any time during its performance. In the event the City directs acceleration, such directive will be given to the Contractor in writing. The Contractor shall keep cost and other Project records related to the acceleration directive separately from the normal Project cost records and shall provide a written record of acceleration costs to the City on a daily basis.

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In the event the Contractor believes that some action or inaction on the part of the City constitutes an acceleration directive, the Contractor shall immediately notify the City in writing that the Contractor considers the actions or inactions an acceleration directive. The Contractor shall not accelerate their work efforts until the City responds to the written notification. If acceleration is then directed or required by the City, all cost records referred to in the previous paragraph shall be maintained by the Contractor and provided to the City on a daily basis.

In order to recover additional costs due to acceleration, the Contractor must document that additional expenses were incurred and paid by the Contractor. Labor costs recoverable will only be overtime or shift premium costs or the cost of additional laborers brought to the site to accomplish the accelerated work effort. Equipment costs recoverable will only be the cost of added equipment mobilized to the site to accomplish the accelerated work effort. 6-3 TIME OF COMPLETION.
6-3.1 General. [Add the following to this section]:

The time for completion shall be as set forth in the General Specifications. 6-3.2 Contract Time Accounting. [Add the following to this section]:

The Contractor's activities shall be confined to the hours between 8:00 AM and 4:00 PM, Monday through Friday, excluding holidays, unless otherwise specified. Work shall be prohibited any time on Saturday, Sunday or Federal Holidays except as provided herein. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property.

In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates (premium time) including benefits, overhead, and travel time and are established based on the City’s current fee schedule or professional services agreement for construction inspection services. The service fees will be deducted from any amounts due the Contractor.

Construction activities during City Special Events may be restricted by City to exclude all or part of the work on primary arterial or access roads to the Special Events as determined by Engineer.

The Contractor shall be responsible to ascertain the exact times of any such events within his proposed construction schedule which may restrict his operation and shall adjust his schedule accordingly. The construction restrictions shall only be for the actual days the events occur. All costs for maintaining traffic control, protection of work site and re-mobilization shall be deemed as included in the lump sum contract for their respective items and no additional compensation will be allowed.
6-3.3 Completion, Acceptance, and Warranty. [Add the following section]:

Work will be deemed completed on the same date when the Notice of Completion is recorded with the County of Orange.
6-9 LIQUIDATED DAMAGES. [Add the following to this section]:

It is agreed by the parties to the Contract that time is of the essence and that in the case that all the work is not complete before or upon the expiration of the time limit set forth, damage will be

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sustained by the City. For each consecutive calendar day in excess of the time specified for the completion of the work, the Contractor shall pay to the City $500.00. In addition, the City shall have the right to charge to the Contractor and to deduct from payments for the work the actual cost to the City of engineering, inspection, superintendence, and other overhead expenses, which are directly chargeable to the Contract and which accrue during the period of such delay. The expenses and damages described above shall be deducted from any money due the Contractor under this contract. The Contractor and his sureties shall be liable for any excess cost. 6-9.1 Additional Liquidated Damages. [Add the following section]:

Additional liquidated damages will also be assessed in the amount of $500.00 per calendar day for failure to follow a construction schedule or timely submit periodic progress reports as described in Section 6 of these Special Provisions.

Additional liquidated damages will also be assessed in the amount of $500.00 per calendar day for failure to mobilize to the Project site within 10 working days of the date of the Notice of Proceed as specified in these Special Provisions.

Additional liquidated damages shall be assessed in the amount of $1,000.00 per day for failure to restore damaged utilities within three (3) working days as specified in Section 5 of these Special Provisions.

Additional liquidated damages shall be assessed in the amount of $500.00 per day for failure to comply with, or implement, or maintain the Storm Water Pollution Protection Plan (SWPPP) or Water Pollution Control Plan (WPCP), as required, by the City’s NPDES permit with the San Diego Regional Water Quality Board.

Additional liquidated damages shall be assessed in the amount of $500.00 per incident that the Contractor fails to install the Best Management Practices (BMP's) within 24 hours of notification as described in Section 7-8.6.2 of the Special Provisions.

SECTION 7 - MEASUREMENT AND PAYMENT
7-3 PAYMENT.
7-3.2 Partial and Final Payment. [Add the following to this section]:

The closure date for periodic progress payments will be five (5) working days prior to the first Monday of each month. The final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as-constructed conditions. The City shall withhold from the final payment $15,000 in the event that the Contractor fails to return the control set of Plans and Specifications showing the as-constructed conditions.

SUBSTITUTION OF SECURITIES
In conformance with Public Contract Code Section 22300, the Contractor may substitute securities for any monies withheld by the City to ensure performance under the Contract Agreement.

At the request and expense of the Contractor, the Contractor has the option to deposit securities, which have been approved by the City, and deposited with a State or Federally chartered bank

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as the escrow agent. Said securities will be used as a substitute for retention earnings required to be withheld by the City, pursuant to the construction contract. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive interest thereon. Said securities shall have no obligation to any other construction contract for substitution of securities in lieu of retention. When the Contractor deposits the City approved securities with the escrow agent, the escrow agent shall notify the City within 10 calendar days of the deposit.

Said securities shall be evaluated quarterly by the escrow agent to verify the current market value.

If the current market value of said securities falls below the required amount, the escrow agent shall notify the Contractor and require additional securities and/or cash to be submitted for City approval, and be held in the escrow account to meet the Contractor's obligations. Said securities shall be held by the escrow agent until such time as the escrow agent receives written notification from the City that the Contractor has satisfactorily completed his contract obligations.

Alternatively, the Contractor may request and the City shall make payment of retention earned directly to the escrow agent at the expense of the Contractor. The Contractor may direct the investment of the payment into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by the Contractor.

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

The full five percent (5%) retention will be deducted from all payments. The City shall hold retainage from the Contractor and shall make prompt and regular incremental acceptances of portions, as determined by the City, of the Contract work, and pay retainage to the Contractor based on these acceptances. The Contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the Contract work by the City. Federal law (49 CFR Section 26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the City’s prior written approval. Any violation of this provision shall subject the violating Contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code.

These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor, deficient subcontract performance, or noncompliance by a subcontractor.

The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion. . The City may withhold from release of the final retention amounts authorized under Public Contracts Code Section 7107 and/or 125% of amounts identified in any Stop Notices received by the City.
7-3.3 Delivered Materials. [Add the following to this section]:

Materials and equipment delivered but not incorporated into the work shall not be included in the estimate for progress payment.
7-3.4 Mobilization. [Add the following to this section]:

Mobilization shall consist of preparatory work and operations, including but not limited to those necessary for the movement of personnel, equipment, supplies, and incidentals to the Project site; for the establishment of all offices, buildings and other facilities necessary for the work on

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this Project; and for all other work and operations which must be performed or cost incurred prior to beginning work on the various contract items on the Project site. Mobilization is deemed to include all aspects of mobilization and de-mobilization work occurring during the life of the Project for any reason.

Full compensation for mobilization shall be included in the Contract LUMP SUM price bid for Mobilization and shall include full compensation for all costs incurred by the Contractor for doing all the work involved in mobilization as specified herein, and no additional compensation will be allowed. Mobilization shall not exceed 5% of the entire bid, excluding mobilization and as shown in the Proposal Bid Sheet.

SECTION 9 – FACILITIES FOR CONTRACT PERSONNEL. [Add this section]:
9-1 EXTENDED FIELD OFFICE OVERHEAD COST.

Within fourteen (14) calendar days after receipt of the Notice to Proceed, the Contractor shall submit written statement to the City detailing its field office overhead costs which are time related.

The City will review this first cost submittal and reach a written agreement with the Contractor on a daily field office overhead cost rate which shall be memorialized in a no cost change order. The daily rate agreed to in this change order will be applicable throughout the duration of the Contract.

No field office costs will be paid until such an agreement is reached between the City and the Contractor and the change order concerning this daily rate is executed by both parties. Progress payments will be withheld pending receipt of the above-referenced cost submittal and executed change order.

The individual cost components of the daily field office overhead rate shall represent costs which increase as a direct result of any time extension caused solely and exclusively by an act or omission of the City. This listing may include such cost items as on-site project management, supervision, Engineering and clerical salaries; on-site utilities and rent; on-site company vehicles and their operating expenses; and site maintenance and security expenses. Field office overhead costs which are unaffected by increased time shall not be allowable cost in calculating the daily field office overhead rate. These non-time related costs include, but are not limited to, acquisition and installation of stationary equipment; temporary construction facilities; utilities and office furnishings (unless such items are rented or leased); the preparation of the site including clearing, grubbing, grading, fencing, mobilizations and demobilization costs; and the costs of permits, bonds and insurance coverage for the Project.

The individual wage cost components used to calculate the daily field office rate shall be supported by actual employee payroll records, not salary ranges or estimates. Hourly rates for management, supervisory, engineering, and clerical employees shall be based upon 2080 work hours per year and shall not include allowances for holidays, vacations, or sick time.

When applicable, the daily field office overhead rate shall be multiplied by the number of days the Contract is delayed or extended by change order and shall be added to the agreed upon change order cost. The days of delay shall be those caused solely by the acts or omissions of the City and documented by a time impact analysis prepared and submitted by the Contractor. In the event a deductive change order is issued which reduces time under the Contract, the daily field office overhead rate shall be used to calculate the deductive amount. No allowance for overhead costs and no profit allowance shall be added to the extended field office overhead cost.

SECTION 10 - RESPONSIBILITIES OF THE CONTRACTOR [Add this section]:

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10-1 CONTRACTOR'S EQUIPMENT AND FACILITIES.
10-1.1 General.

Conduct of the Work. The Contractor shall behave, at all times, in a courteous, professional manner. While on site, or entering or exiting the site, there shall be no extraneous activity that might cause disruption to the Project site, surrounding areas, or residents. Failure to comply may result in the suspension of work, or removal of contractor’s staff from the Project.

Noise Levels. A noise level limit of 86 dbA at a distance of fifty feet (50') shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel.
10-2 COOPERATION AND COLLATERAL WORK.

The Contractor is advised as to the possibility of other construction projects within the proposed construction zone by the City, other governing agencies or private enterprises. In the event of such projects, the Contractor shall coordinate with the applicable parties as to the extent of any time required to complete their work and shall schedule its work and conduct its operations so as to permit access and time as required for the concurrent work. The Contractor shall immediately notify the City Engineer in the event of a delay in scheduling caused solely by this concurrent work. Payment for the above, if any, shall be deemed as included in the items of work as shown on the proposal bid sheet and no additional compensation will be allowed. 10-3 PROJECT SITE MAINTENANCE.
10-3.1 Cleanup and Dust Control.

The Contractor shall keep adjacent properties clean and free of rubbish and debris in a timely manner as necessary and/or as directed by the Engineer.

The Contractor shall implement effective handling, storage, usage, and disposal practices to control material pollution and manage waste and nonstormwater at the job site before they come in contact with storm drain systems and receiving waters. 10-3.1.1 Construction Cleaning [Add the following section]:

The Contractor shall:
(a) Initiate and maintain a daily program to prevent accumulation of debris on-site and along access roads and haul routes. Maintain areas under Contractor's control free of waste materials, debris, weeds 6” high, and rubbish. Maintain site in a clean and orderly condition. (b) Provide suitable covered containers for deposit of debris and rubbish. Dispose of accumulation of extraneous materials, prohibit overloading of trucks to prevent spillages on access and haul routes and provide daily inspection of haul routes to enforce requirements. (c) The Contractor shall supply self-loading motorized street sweepers equipped with a functional water spray system as part of his daily program. (d) Schedule at a minimum, weekly collection and disposal of debris. Provide additional

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collections and disposals of debris whenever the weekly schedule is inadequate to prevent accumulation.

The Contractor shall remove debris from closed or remote spaces prior to closing the space, control cleaning operations to minimize dust and other particulates and immediately remove clay and earth which adhere to the paved surface of the roadway. Remove by hand scraping, washing, sweeping, and/or other method(s) which will leave a clean non-skid surface without impairing, injuring or loosening the surface.

The Contractor is required to control dust throughout the life of the Contract. The control may be required by job conditions or City Engineer. In any case, the Contractor shall use water or other means to control the dust. No chemical agents may be used without written authorization from the Agency. The Contractor shall be solely responsible for safety problems, accidents or any other complications or claims arising from inadequate dust control.

No separate payment will be made for any work performed or material used to control dust resulting from the Contractor's performance of the work, or by public traffic, either inside or outside the right-of-way. Full compensation for such dust control will be considered as included in the price paid for the various items of work involved.

No separate payment will be made for any work performed or material used in cleaning the Project. Full compensation for such cleaning shall be considered as included in the price paid for the various items of work involved and no additional compensation will be allowed therefore. 10-4 WATER POLLUTION CONTROL
10-4.1 Best Management Practices (BMPs)
Per the Federal Clean Water Act, the Contractor is required to eliminate pollution to waters of the United States in regards to this Project. This Project will require the Contractor to implement “Best Management Practices”.

The Contractor shall submit a Water Pollution Control Plan (WPCP) as detailed in Appendix A.

The Contractor shall confirm that all of the Best Management Practices (BMP’s) have been adequately detailed that addresses his or her anticipated construction operations and meets the intent of the NPDES requirements. The Contractor shall obtain a Notice of Intent (NOI) from the State Water Resources Control Board and pay all related fees. The NOI shall be submitted as part of the WPCP. After the Notice of Award, the Contractor shall submit to the City a finalized and signed WPCP, which establishes the construction BMP requirements, for review and approval. No work will be allowed to begin without an approved WPCP on file with the City.

The Contractor shall utilize Best Management Practices (BMP’s) outlined in the WPCP during construction to ensure that sediment from storm runoff and construction activities does not enter storm drains. Some of the primary Water Pollution Control measures anticipated for this Project include, but are not limited to, covering all storm drain inlets in the Project vicinity with water permeable fabric and gravel bags prior to performing any adjacent AC grinding, removal or paving operations or PCC ramp lip grinding; properly fueling and cleaning all equipment/vehicles; maintaining an ample supply of gravel/sand bags on-hand when excavating new PCC sidewalk/ramp/curb/gutter improvements in the event of rain; properly containing all PCC treatment materials such as the coloring agents, exposed aggregate etching chemicals and surface treatment chemicals required to install the detectable warning mats; properly covering all

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incoming material trucks and all out going debris hauling vehicles; providing restroom facilities for workers; and regular street sweeping of the work area and haul routes to the satisfaction of the Owner’s Representative.

The requirements of all of the following agencies shall be met and maintained and where there is a conflict between requirements, the most stringent requirement shall govern.

1. San Diego Regional Water Quality Control Board

2. County of Orange
10-4.1.2 Payment
Full compensation for conforming to Subsection 7-8.6, including providing all necessary Best Management Practices shall be considered as included in the Contract LUMP SUM price for Best Management Practices and shall include finalizing and implementing the WPCP in accordance with the “Draft” WPCP and as detailed herein, and shall include full compensation for encroachment permit processing as related to the WPCP, furnishing all labor, tools, materials, and incidentals for implementing said approved / finalized WPCP. 10-6 CONTRACTORS RESPONSIBILITIES FOR WORK
Until Acceptance of the Work, the Contractor shall have the responsibility, charge and care of the Work and of the materials to be used therein (including materials for which it has received partial payment or materials which have been furnished by the City) and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work.

The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the work or the material occasioned by any cause before its completion and acceptance and shall bear the expense thereof. Where necessary to protect the work or materials from damage, the Contractor shall at his expense provide suitable drainage and erect such temporary structures as are necessary to protect the work or materials from damage. The suspension of the work from any cause whatever shall not relieve the Contractor of his responsibility for the work and materials as herein specified. If ordered by the City Engineer, the Contractor shall at his expense properly store materials which have been partially paid for by the City or which have been furnished by the City.

Such storage by the Contractor shall be on behalf of the City, the City shall at all times be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site of the work when requested. The Contractor shall not dispose of any of the materials so stored, except on written authorization from the City.

In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is authorized to act at his discretion to prevent such threatened loss or injury, and he shall so act as though instructed to do so by the City.

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PART 2 - CONSTRUCTION MATERIALS
SECTION 201 – CONCRETE, MORTAR, AND RELATED MATERIALS

PORTLAND CEMENT CONCRETE
201-1.1.2 Concrete Specified by Class and Alternate Class. [Add the following]:

The class of concrete shall be 520-C-2500 with a maximum slump of four (4) inches for all sidewalks, curbs and gutters. The class of concrete shall be 560-C-3250 or as specified by the Engineer for all foundations, driveways, and cross gutters. The concrete for the cross-gutters and driveways shall be designed for early high strength. 201-1.1.3 Concrete Specified by Special Exposure. [Add the following]:

Test for Portland Cement Concrete

1. All material shall comply with Orange County Standards, American Concrete Institute (Act 1) and Uniform Building Code.

2. Product Data:
a) Submit complete materials list of items proposed for the work. Identify materials source.
b) Submit admixture, curing compound, retarder, and accessory item product data.
c) Submit material certificates for aggregates, reinforcing, and joint fillers.

3. Submit concrete delivery tickets. Show the following:
a) Batch number
b) Mix by class or sack content with maximum size aggregate c) Admixture
d) Air content
e) Slump
f) Time of loading

4. Submit concrete test reports.

5. Provide field quality control testing and inspection during concrete operations.

6. Contractor shall provide adequate notice, cooperate with, provide access to the work, obtain samples, and assist test agency and their representatives in execution of their function.

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7. Testing:
a) Provide slump test on first load of concrete delivered each day and whenever requested due to changes in consistency or appearance of concrete.
b) Provide air indicator test and air meter tests for all air entrained concrete. i) Perform air indicator test with a “Chase” AE 35 or equal air indicator, and air meter test in accordance with ASTM C231 or 173. Test first load of concrete delivered each day.
ii) Furnish copies of field records and test reports as listed for strength tests.
c) Strength Testing:
i) Provide 1 set of 3 test specimens for each 50 cubic yards placed in any one day. Secure samples in accordance with ADTM C31. ii) Test 1 specimen at 7 days and 2 specimens at 29 days in accordance with ASTM C39.
iii) Furnish copies of field records and test reports as follows:
2 copies to City’s representative
1 copy to Contractor
1 copy to Ready Mix supplier
d) Record the exact location of the concrete in the work represented by each set of cylinders and show on test reports.
e) Provide an insulated moist box for protection of the test cylinders until shipped to the laboratory.
201-1.2 Materials
201-1.2.1 Portland Cement. [Replace the first sentence of the first paragraph]:

All cement to be used or finished shall be Type V.
201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS
201-3.2 Premolded Joint Filler. [Replace with the following]:

The Contractor shall use ¼” bituminous type expansion joint filler only. 201-4 CONCRETE CURING MATERIALS
201-4.1 Membrane Curing Compounds.

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Contractor shall use TYPE II “Hunts” clear curing compound, unless otherwise specified by the Engineer.

SECTION 211 - MATERIAL TESTS
211-1 COMPACTION TESTS
211-1.1 Laboratory Maximum Density. [Replace with the following]:

Laboratory maximum density tests shall be performed in accordance with Test Method No. Calif. 216G, Part II. The correction for oversized material as stated in Test Method No. Calif. 216 shall be replaced with Note 2 of ASTM D 1557. 211-1.2 Field Density. [Add the following paragraph]:

Field density tests will be made by the Engineer during the course of construction at the expense of the Agency. If field density tests indicate that any portion of the compacted subgrade has density lower than that specified, the Contractor shall rework that portion until the specified density is obtained. Retest of areas which have failed compaction will be performed by the Engineer at the Contractor’s expense. The Contractor’s compensation may be reduced for asphalt concrete compaction not in conformance with these specifications in accordance with the CalTrans Compaction Reduction Procedure.

PART 3 - CONSTRUCTION METHODS
300-1 CLEARING AND GRUBBING
300-1.3.2 Requirements. [Add the following]:
(d) Miscellaneous
In addition to the work outlined in subsection 300-1 of the Standard Specifications, the following items of work are included under Clearing and Grubbing unless otherwise covered by a specific bid item:
(1) Mobilization/demobilization including multiple occurrences of mobilization/demobilization.
(2) Clearing, removal, and disposal of debris generated from the work. (3) Hand removal and disposal of all vegetation, trees, tree roots, trash and other objectionable material from the affected portion of the project and areas adjoining thereto on a daily basis.
(4) Protection of existing plant materials and fencing. (5) Preparation of a Stormwater Pollution Prevention Plan. (6) Sediment and erosion control implementation, Water Quality Best Management Practices and compliance with NPDES and State Construction Permit.

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(7) Protection and maintenance of existing improvements, including but not limited to fencing, storm drains, parking lot, sidewalks, utilities, and traffic controls within the construction zone, except those specifically directed by the Engineer to be removed or relocated.
(8) Maintain dust control at all times. Developing a water supply and furnishing and placing all water required for work done in the contract, including water used for extra work.
(9) Daily clean up of work site. Daily litter removal. Daily street sweeping. Recycling of waste materials and provisions for refuse containers. (10) Preparation of a Traffic Control Plan and providing and maintaining traffic control and all signs, barricades and flashers necessary to maintain proper control and issuance of notices of access changes or parking space closures. (11) Notices to property owners, coordination with others and coordination with utility companies.
(12) Surveying for establishment of line and grade (if any). (13) Submittal of a Parking Management plan that outlines a minimum of 75% of parking spaces to remaining available at all times during course of work. (14) Other items of work as directed in these Special Provisions. 300-1.4 Payment. [Add the following]:

Unless otherwise specified, compensation for clearing and grubbing shall be paid for at the LUMP SUM contract price and no additional compensation will be allowed. Payment shall include full compensation furnishing all labor, materials, tools, equipment and doing all work involved in clearing and grubbing as specified. Payment shall be limited to not more than 50.0% per progress payment.
300-2 UNCLASSIFIED EXCAVATION
300-2.2 Unsuitable Material [Add Subsection 300-1.3.2(a). “Bituminous Pavement” as Subsection 3090-2.2.3 and amend as follows]:

The areas and quantities shown on the plans are given only for the Contractor’s aid in planning the work and/or preparing bids. The Engineer shall designate the limits to be removed and these designated areas shall be considered to take precedence over the areas shown on the plans. No guarantee is made that areas or quantities shown will equal the areas or quantities designated by the Engineer. Spilled or loose blocks of pavement and pavement cracks wider than 3/8 inch will be deemed justification for extending or adding to the removal and replacement of asphalt or Portland cement concrete pavement.

The areas indicated for removal and replacement shall be excavated to the full depth of the proposed pavement section for asphalt concrete removal and replacement. Where directed by the Engineer, additional aggregate base and/or native soil shall be removed to correct a subsurface problem.

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300-2.6 Surplus Material. [Add the following]:

All surplus material shall be disposed of in a legal manner at the expense of the Contractor. 300-2.9 Payment
Payment for all unclassified excavation or fill, saw cutting, hauling, and disposal shall be included in the unit price for the various items of related work and no additional compensation will be allowed therefore.

SECTION 301 – TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF

BASE MATERIALS
301-1 SUBGRADE PREPARATION
301-1.3 Relative Compaction. [Add the following paragraph after the first paragraph]:

Existing or new subgrade shall be compacted to 95% relative compaction in the top 12” of subgrade. Compaction requirements shall be as specified in Subsection 211-2.3 of the Standard Specifications.
301-2.4 Measurement and Payment. [Add the following]:

Payment for subgrade specifications shall be included in the unit price for the various items of related work and shall include full compensation for all labor, materials, equipment, and compaction for doing all work for setting the base.

SECTION 303 – CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURBS, WALKS, GUTTERS, V-DITCHES, CROSS GUTTERS, WHEEL

STOPS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS
303-5.1 Requirements.
303-5.1.1 General. [Add the following paragraph]:

Construction of Portland Cement Concrete curb and gutter, rolled curb, cross gutter, sidewalk, driveway approach, driveways, tree wells, v-ditches, and access ramps shall be constructed in accordance with the Contract Documents as modified herein and shall include the removal and replacement of 12” wide by 12” deep by “length of work of PCC” of deep lift AC paving.

Contractor shall take note that there are a variety of concrete sidewalk finishes and colors at the various locations of the identified work. Contractor shall match the existing color, texture and finish of the concrete being replaced.

Sawcutting, excavation, grading, preparation of subgrade and installation of crushed aggregate base if necessary for the construction of these items shall be included in each corresponding bid item and no additional compensation will be made therefore.

All cement products shall be Type V.

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Curing compound shall be Type II conforming to the provisions in Section 201-4, “Concrete Curing Compound,” of the Specifications. Contractor shall exercise caution in using such curing compounds so as to avoid spraying any cars which may be parked adjacent to the work site.

Contractor shall match existing curb face height and gutter width.

The Contractor shall schedule his operations so that P.C.C. work shall be constructed within forty-eight (48) hours subsequent to removals at any given locations.

As soon as the concrete will allow, strip the forms and trowel smooth the curb face and top. Tool the edges of expansion joints with an approved 1/8 edging tool.

After curing, AC deeplift shall be placed per pave-out detail. Completed curb and gutter, curb, sidewalk, cross-gutter, v-ditches, and driveways shall be protected from damage until accepted.

Concrete curbs, walks, gutters, v-ditches, wheel stops, and driveways shall conform to the Standard Specifications as modified by OCPW Standard Plan 1803 and herein. Prior to acceptance of the curb and gutter constructed by the Contractor, a flow test shall be conducted by the Contractor in the presence of the Engineer. Any new work found to be defective shall be repaired or replaced by the Contractor in accordance with Subsection 303-5.7 of the Standard Specifications.

Access ramps shall be constructed in accordance with Caltrans Standard Plan RSP A88A or equivalent, monolithic pour of curb and gutter and ramp, including a back-of-walk retaining curb and sidewalk as directed and as needed, and including cast in place blue truncated dome panels by Armor-Tile.

Any irrigation system damages shall be repaired to City’s satisfaction. 303-5.2 Forms.
303-5.2.1 Standard Forms. [Add the following]:

1. Use flexible metal, 1" lumber or plywood forms to form radius bends.

2. Install, align and level forms, stake and brace forms in place. Maintain following grade and alignment tolerances.
a) Top of Form: Maximum 1/8" in 10'-0".
b) Vertical Face: Maximum 1/4" in 10'-0".

3. The Contractor shall include all fine grading and compaction with regard to setting forms during concrete placement.
303-5.4 Joints.
303-5.4.1 General. [Add to the first paragraph]:

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The surface sidewalks shall be marked into rectangles of not less than 12 square feet nor more than 20 square feet with a scoring tool which will leave the edges rounded or scored to match the adjoining sidewalk.

A monolithic pour of sidewalk and curb and gutter shall not be permitted except at the access ramp locations.
303-5.4.2 Expansion Joints. [Modify second paragraph as follows]:

The expansion joints consisting of pre-molded Expansion Joint Filler (Bituminous Fiber Type) ¼-inch thick, shall be installed on all curb, gutter, and sidewalk as specified below:

1. At beginnings and ends of all curb and sidewalk returns.

2. Adjacent to walls and buildings at locations where sidewalk is constructed over the full width between the curb and walls.

3. As an alternate to weakened plane joints.

4. At a maximum of twenty (20) feet spacing in the curb and gutter.

5. At any other location where required by the Engineer.

Provide expansion joints using pre-molded joint filler at concrete work abutting curbs, walks, and other fixed objects.

1. Locate expansion joints as indicated. When not indicated, provide joints at maximum 10'-0" on center for curbs and walks. Align joints in abutting curbs and walks.

2. Install joint fillers full-width and depth of joint. Recess top edge below finished where joint sealants are indicated.

3. Install joint fillers full-width and depth of joint. Provide top edge flush with adjacent finished surface.

4. Provide joint fillers in single lengths for the full slab width, whenever possible. Fasten joint filler sections together when multiple lengths are required.

5. Where intersecting joints occur, joint top edge and continue any spliced joints without deviation of form line or direction.

6. Protect the top edge of the joint filler during concrete placement. 303-5.9 Measurement and Payment. [Amend paragraph with the following]:

The compensation for the removal of existing sidewalk, curb and gutter, local depression, ramps, driveway approach, driveway, cross-gutter, v-ditches, including removal of tree roots, protection of irrigation, and repair of irrigation damaged by the contractor, including saw-cutting to construct sidewalk, curb and gutter, curb, driveway approach, driveway, cross-gutter, v-ditch, and access ramp with blue truncated dome panels by Armor-Tile, the

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use of high early strength concrete and removal, protection, and reinstallation of bus bench and trash receptacle, if any, and the matching of concrete color, texture and finish shall be included in each corresponding bid item, and no additional compensation shall be allowed.

The price bid for Concrete Surfacing to include full payment for all materials, labor, equipment and incidentals to remove existing equipment and construct concrete improvements.
303-7.1 General
All excavation, backfill and other earthwork incidental to performance of the work shall conform to the requirements of “Earthwork” Section 300.

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PART 4 EXISTING IMPROVEMENTS
SECTION 402 – UTILITIES
402-7 LOCATION. [Add the following section]:

The Contractor shall notify the utilities designated in the General Specifications at least 48 hours in advance of excavating around any of their structures.

The existence and locations of utilities shown on the drawings have been determined by a search of the available records as provided by the respective utility owner. The exact locations have not been determined by potholing unless so indicated on the drawings. The Contractor shall determine the exact location of all existing utilities prior to commencing work. Contractor agrees to be fully responsible for any and all damages which may be caused by his failure to exactly locate and preserve any and all underground utilities, whether shown on the plans or not. In the event the Contractor encounters underground utilities not shown on the plans, he shall verify the exact location of the utility and immediately notify the Engineer, regardless of whether the unknown utility conflicts with the proposed construction or not. In the event of such a previously unknown conflict, the Contractor shall immediately notify the Engineer as to the extent, if any, of delays or additional costs resulting from said conflict. The Contractor shall perform work and provide necessary materials to disconnect or relocate existing utilities as indicated. Record on record drawings all existing utility termination points before disconnecting.

When uncharted or incorrectly charted underground piping or other utilities and services are encountered during site work operations, notify the applicable utility company immediately to obtain procedure directions. Cooperate with the applicable utility company in maintaining active services in operation.

In the event the Contractor damages an existing utility line, the Contractor shall restore damaged utilities within three (3) working days.

Pursuant to Government Code Section 4215, if any main or trunkline utility facilities that are not indicated in the drawings, plans or specifications and are determined by Contractor to be located on the site of any construction project that is a subject of the contract, the City shall assume the responsibility for timely removal, relocation, or protection of the existing main or trunkline utility facilities. The Contractor will be compensated for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the Project necessarily idled during such work. The Contractor will not be assessed liquidated damages for delay in completion of the Project when such delay was caused by the failure of City or the utility owner to provide for removal of relocation of such utility facilities. Nothing herein shall be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction Project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve the City from identifying main or trunklines in the plans or specifications. Nothing herein shall preclude the City from pursuing any appropriate remedy against the utility for delays which are responsibility of the utility. Nothing herein shall be construed to relieve the utility from any obligation as required either by law or contract to pay the cost of removal or relocation of existing utility facilities. If the Contractor, while performing the contract, discovers utility facilities not identified by the City in the Contract Plans or Specifications, Contractor shall immediately notify

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the Engineer and utility in writing. The public utility, whether they are the owner, has sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price.

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PART 8 – LANDSCAPING AND IRRIGATION
SECTION 801 - INSTALLATION
801-1 General [Add the following paragraph]:

Work shall consist of clearing and grubbing, grading, soil preparation, installation of trees, shrubs and groundcovers, and installation of a complete and operable irrigation system where designated on the Irrigation Plans. 801-2 EARTHWORK AND TOPSOIL PLACEMENT
801-2.1 General
800-1.1.1 General [Add the following paragraph]:

Moisture Content: No soil preparation or work shall occur when the moisture content is so great that excessive compaction will occur, nor when it is so dry that dust will form in the air or that clods will not break readily. Apply water, if necessary, to provide ideal moisture content for tilling and for planting as herein specified. 801-5 IRRIGATION SYSTEM INSTALLATION
801-5.1 General
801-5.2 Trench Excavation and Backfill [Replace the last paragraph with the following]:

The trenches shall not be backfilled until all required tests are performed.

Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand, or other approved materials, free from large clods of earth or stones. Backfill shall be mechanically compacted in landscaped areas to a dry density equal to adjacent undisturbed soil in planting areas. Backfill will conform to adjacent grades without dips, sunken areas, humps, or other surface irregularities.

Backfill in paving areas (PCC or AC) shall be compacted to 95% relative compaction (See Section 801-5.2.1)
A fine granular material backfill will be initially placed on all lines. No foreign matter larger than one-half (1/2) inch in size will be permitted in the initial backfill.

Flooding of trenches shall not be permitted.

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If settlement occurs and subsequent adjustments in pipe, valves, sprinkler heads, lawn or planting, or other construction are necessary, the CONTRACTOR shall make all required adjustments without cost to the CITY. 801-5.2.1 Trenching and Backfilling Under Paving [Add Subsection]:

Trenching and Backfill Under Paving: Schedule 40 PVC (Class 315 for 2" and larger sizes) sleeves shall be required under areas where all hardscape materials will be installed.

Trenches located under areas where concrete paving will be installed shall be backfilled with sand (a layer six [6] inches below the pipe and three [3] inches above the pipe) and compacted in layers to 95% compaction, using manual or mechanical tamping devices.
801-2.2 Topsoil Preparation and Conditioning
801-2.2.2 Fertilizing and Conditioning Procedures [Add after the second paragraph]:

For all Shrub Planting Areas: Uniformly broadcast soil amendments and fertilizer in planting areas and work in 6-8 inches by means of a rototiller, or equal, to attain uniform blends of the following:
______Item_________ Rate per 1000 Sq. Ft.

Nitrogen-fortified Organic Amendment 4 CY
Calcium Carbonate Lime 100 lbs.
15-15-15 10 lbs
Ammonium Sulfate (21-0-0) 7 lbs
801-2.2.2.1 Weed Abatement [Add the following Section]:

Weed Abatement: Upon the completion of the irrigation system and after all existing weeds and growth have been removed from the planting area, the CONTRACTOR shall perform the following weed abatement program.

Water all areas four (4) times daily for twenty-one (21) consecutive days and until weed seeds have germinated. Cease watering for three (3) days. Spray a nonselective herbicide (Round Up) to eradicate the germinated weeds. Allow herbicide to kill all weeds. Rake or hoe off all dead weeds to a depth of ¼ inch below the surface of the soil. If perennial weeds or grasses still exist, rewater four (4) times daily for fourteen (14) consecutive days until new growth appears. Reapply a nonselective herbicide with a dye indicator. Remove weeds after herbicide has had sufficient time to kill.

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801-4 Planting
801-4.1 General [Add the following]:

The CONTRACTOR shall notify the City Inspector at least 48 hours in advance of needed inspections.

All specimen boxed tree species must be tagged, at the tree nursery location, by the Landscape Architect, prior to shipment to the project site.

The Contractor shall flag all proposed tree planting locations within the project and gain approval of all locations by the Landscape Architect prior to digging each tree plant pit.
801-4.2 Protection and Storage [Add the following paragraphs]:

Regularly water all nursery stock in containers and place them in a cool area protected from sun and drying winds.

Do not allow plants to dry out before or during planting operations. Keep exposed roots moist by means of wet sawdust, peat moss or burlap at all times during planting operations. Do not expose roots to the air except while being placed in the ground.

Wilted or diseased plants, whether in place or not, will not be accepted and shall be replaced at the CONTRACTOR'S expense.
801-4.3 Layout and Plant Location [Add the following paragraphs]:

Remove all plants from their containers and set so that, when settled, they bear the same relation to the required grade as they bore to the natural grade before being transplanted. Plant each plant in the center of the pit and backfill with prepared soil.

Do not use soil in muddy condition for backfilling. Do not fill around trunks or stems.

Cut off all broken or frayed roots.

In the event that underground construction work or obstructions are encountered in the planting operations, alternate locations for plant material will be selected by the CITY. Operation will be done at no extra cost to the CITY.

No plant material shall be planted until finish grades have been inspected and plant material has been “spotted” and approved for proper location. Plant pits must be dug and inspected before planting. Before “spotting” plant material, the sprinkler system shall be turned on long enough to “flood” the areas to determine proper surface drainage. If, due to gradient, the City Inspector considers this operation unnecessary, he shall so inform the CONTRACTOR.

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Unless otherwise directed by the City Inspector, plant locations for trees and shrubs shall be adjusted so that no plant is closer than five (5) feet to an impact or gear driven rotary sprinkler or water meter, or within 25 feet of any light standard.

Failure of the CONTRACTOR to notify the City Inspector for the inspections and approval before proceeding with any of the above items shall make the CONTRACTOR liable at his own expense to make any changes and/or corrections to the work as directed by the City Inspector.
801-4.4 Specimen Planting [Insert before first paragraph]:

The planting pits for trees 24" box size and larger shall be excavated twice the diameter and The Same Depth as the depth of the rootball.

All California Sycamore trees specified on the Plans shall only be purchased from Orange County Nursery, call Steve Kothenbeutel at (805) 310-8380 or (800) 569-0169. These species of trees shall be Bare-Root trees, minimum of 1 ¼” caliper, both for standard form and multi-trunk form. Shipment and planting of bareroot trees shall be accomplished during the month of January, unless modified by the City Inspector.
801-4.5 Tree and Shrub Planting [Replace planting requirements with following]:

All planting procedures shall conform to the applicable Standard Drawings as designated in the contract documents.

1. Fill holes with native backfill with no amended mixture of additional materials. Place slow-release fertilizer tablets in the upper 12 inches of backfill per the planting details.

2. All plants shall be planted immediately after containers are cut for removal, or after plants are removed from plastic containers. Containers shall not be cut prior to delivery of the plants to the planting area.

3. Set plant in upright position in the center of the hole and compact the backfill mixture around the ball or roots.

4. Plants shall not be placed in dry soil. Soil in a muddy condition shall not be used for backfilling. Fill all pits with water and allow to leach out before adding the native soil for backfill.

5. After watering, backfill the remainder of the hole and tamp the soil in place until the surface of the backfill is level with the surrounding area and the crown of the plant is at the finished grade of, or slightly above the surrounding area.

6. After backfilling, an earthen basin shall be constructed around each plant.

Each basin shall be of a depth sufficient to hold at least six inches of water.

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Basins shall be the same size as the container size of each individual plant.

The basins shall be constructed of native soil material.

7. Immediately after planting, apply water to each tree and shrub by means of a hose. Apply water in a moderate stream in the planting hole until the material about the roots is completely saturated from the bottom of the hole to the top of the ground.

8. Apply water in sufficient quantities and as often as seasonal conditions require to keep the planted areas moist at all times, well below the root system of grass and plants. Generally, water each day for seven (7) days in cool seasons; for fourteen (14) days in hot weather.

9. Pruning - Pruning shall be limited to the minimum necessary to remove injured twigs and branches, and to compensate for loss of roots during transplanting, but pruning shall never exceed one-third of the branching structure. Pruning may not be done to the plants before delivery to the site. 801-4.6 Plant Staking and Guying
801-4.6.1 Method “A” Tree Staking [Add the following]:

All trees shall be re-staked per planting details. All 36”box (and larger) trees shall be staked similar to the method shown in the planting details. Use VIT Twist Brace ties.
801-4.6. Hydromulching and Hydroseeding [Add this subsection]:

1. Equipment
Equipment must have minimum capacity of 1,500 gallons, and a positive displacement pump with the ability to agitate and properly mix the above materials. The pump must be capable of creating 100 pounds psi pressure with sufficient volume to distribute above slurry evenly over 12,000 square feet within a 15 minute period.

2. Vendor Furnished Labor
a. Contractor shall agree to furnish not less then two (2) employees during all hydromulching applications.
b. The Vendor shall fully guarantee his work and services and shall be fully insured, and be prepared to furnish satisfactory evidence of such insurance upon demand. The quality of hydromulching is the responsibility of the vendor.

3. Application

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a. The materials for hydroseed areas shall be machine mixed before application.
b. The mixture of seeds and additives are to be applied by a hydromulching machine. The nozzle height shall be between six (6) feet and ten (10 feet above the ground level. Discharged pressure at the nozzle shall be 100 psi.
c. Spraying shall be done in a sweeping motion allowing the slurry to fall evenly and eventually building up a fairly consistent matting.

4. Soil Moisture for Planted Areas
a. Area to be planted shall be irrigated to obtain twelve (12) inches of penetration. This should be done 4 to 7 days prior to planting. b. In order to establish germination, the following requirements must be met:
(1) The upper two (2) to four (4) inches of soil must be moist. If the soil is allowed to become dry, the seed will not germinate. (2) The soil temperature must be at least 60 degrees for a period of six (6) to eight (8) hours a day.
(3) Six (6) weeks is required for the seed to fully germinate.

5. Certification
a. Certification of weights and analysis shall be required by the City for all of the following materials used:

Soil Conditioners
Fertilizers
Seed

6. Time Limit
a. All slurry mixture which has not been applied to the designated area within four (4) hours after mixing will be rejected and removed from the project at the Contractor's expense.

7. Protection
a. Special care should be exercised by the Contractor in preventing any of the slurry from being sprayed inside any reservoir basin or onto drainage ditches and channels which may impede the free flow of rain

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or irrigation water. Any slurry spilled into restricted areas shall be cleaned up at the Contractor's expense to the satisfaction of the City.

8. Re-mulching/Re-seeding
a. It shall be the responsibility of the Contractor to ensure that the site is properly prepared, the irrigation system is operational, and programmed not to adversely affect his operations or applications. b. If the site is not properly prepared, or is damaged by equipment (i.e., tire ruts, poor soil conditions, too wet, insufficient compaction, etc.), hydromulching/seeding shall not take place.
c. Area of repair shall be blended and floated to match surrounding areas and re-mulched/seeded. If repair is required, all bare spots shall be re-hydroseeded by the Contractor within 10 days. The Contractor will be responsible for all re-seeded areas for as long as necessary after seeding until an acceptable stand of hydroseed material is germinated and approved by the City.

9. Irrigation (during germination stage)
a. Begin watering sequence approximately twenty-four (24) hours after hydromulching is completed.
b. Continue watering long enough to moisten soil thoroughly to the depth of slurry.
c. Exercise care to prevent super-saturating and washing away of slurry and seed.
d. Perform frequent and light watering until seedlings have grown beyond the germination stage, usually from forty-five (24) to sixty (60) days.
e. Water at the rate required to maintain the optimum moisture content in soils during this period, to allow maximum germination. f. Maintain constant observation of irrigation system during operation.

Adjust watering sequence as necessary relative to prevailing air temperature, wind velocity, soil texture, orientation and other influencing logistics.
g. Repair all surfaces damaged and eroded by watering operations.

Replace materials to original specifications.

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10. Irrigation (establishment stage)
a. After germination, reduce frequency of watering, while increasing duration of each watering cycle.
b. Provide watering program as approved by the City Inspector. Unless otherwise directed, maintain watering once each day during the first sixty (60) days of the one year maintenance period.

11. Irrigation (hardening-off stage)
a. At the end of the initial sixty (60) days, gradually reduce the watering frequency to once every 3 days, and increase the duration of each cycle to sufficiently to permit maximum water penetration for the expanding root system.
b. Avoid eroding of soil caused by excessive watering.

12. Fertilization
a. Uniformly broadcast Sulfur-coated Urea at the rate of 5 lbs per 1,000 sq. ft. approximately 45 days after hydroseed application.

13. Weeding
a. Remove all concentrated development of weed growth appearing in seeded areas during the establishment period.
b. Remove weeds manually; exercise care to avoid disturbing seedlings. c. Contractor, at his own option, may control weed development using chemical treatments, if given prior approval by the Engineer.

14. Hydroseed: Slope-saver ll
2000 lbs/acre -- Un-recycled Virgin Wood Fiber
11 lbs/1000 sf -- Slope Saver 2 Fescue w/ Wildflower Mix of 2% California Poppy, 2% Blue-eyed Grass,
and 1% Sky Lupine
400 lbs/acre -- Wilson George Myer 16-20-0 Fertilizer
Slope Saver 2 Seed mixture available through: Agrono-Tech or approved equal.

Agrono-tec Seed Co.

Wildomar, CA 93013

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Packet Pg. 181 Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving, Inc. (3279 : Award of Contract for SP-42
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(801) 876-3690
Wildflower Seed mixture available through: S&S Seeds or approved equal.

S&S Seeds
P.O. Box 1275
Carpenteria, CA 93013
(815) 684-0436
801-5 IRRIGATION SYSTEM INSTALLATION
801-5.1 Irrigation System Installation [Insert the following]:

Before work is commenced, hold a conference with Owner, General Contractor, and Owner to discuss general details of the work.

Verify dimensions and grades at job site before work is commenced.

During the progress of the work, a competent superintendent and any assistants necessary shall be on site, all satisfactory to Owner. The superintendent shall not be changed, except with consent of Owner, unless that person proves unsatisfactory and ceases to be employed. The superintendent shall represent Contractor in its absence and all directions given to the superintendent shall be as binding as if given to Contractor.

All work indicated or noted on Drawings shall be provided whether or not specifically mentioned in the Specifications.

If there are ambiguities between Drawings and Specifications, and specific interpretation or clarification is not issued prior to bidding, the interpretation or clarification will be made only by Owner, and Contractor shall comply with the decisions. In the event the installation contradicts the directions given, the installation shall be corrected by Contractor at no additional cost to Owner.

Contractor shall inspect construction site prior to bidding to review scope of work required to adjust irrigation systems. Contractor shall employ all data contained in the Contract Documents and shall verify this information at the construction site to confirm the manner by which it relates to the installation.

Coordinate the installation of all sprinkler materials, including pipe, with the landscape Drawings to avoid conflict with the trees, shrubs, or other planting.

Do not proceed with the installation of the sprinkler system when it is apparent that obstructions or grade differences exist or if conflicts in construction details, legend, or specific notes are discovered. All such obstructions, conflicts, or discrepancies shall be brought to the attention of Owner.

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Replace, or repair to the satisfaction of Owner, all existing paving disturbed during the course of this work. New paving shall be the same type, strength, texture, finish, and be equal in every way to the material removed.

Owner reserves the right to make temporary repairs as necessary to keep equipment in operating condition without voiding Contractor's guarantee or relieving Contractor of its responsibilities during the guarantee shall not be allowed.

All sprinkler heads will require installation of anti-drain devices to prevent low head drainage.

Coordinate the installation of all sprinkler materials, including pipe, with the landscape Drawings to avoid conflict with the trees, or other planting. 801-5.3 Irrigation Pipeline Installation
801-5.3.1 General [Insert the following paragraphs before the first paragraph]:

Site Conditions: All scaled dimensions are approximate. The CONTRACTOR shall check and verify all size dimensions and receive City's approval prior to proceeding with work under this Section.

Exercise extreme care in excavating and working near existing utilities.

CONTRACTOR shall be responsible for damages to utilities that are caused by his operations through neglect. Check existing utilities drawings for existing utility locations.

Coordinate installation of sprinkler irrigation materials and pipe, so as not to interfere with utilities or other construction or cause difficulty in planting trees, shrubs, or lawn.

The CONTRACTOR shall carefully check all grades to insure that he may safely proceed before starting work on the sprinkler irrigation system.

Connections shall be made at approximate locations shown on drawings.

CONTRACTOR is responsible for minor changes caused by actual site conditions. [Add the following paragraphs at the end of the Subsection]:

Routing of sprinkler irrigation lines as indicated on the drawings is diagrammatic.

Install lines (and various assemblies) in such a manner as to conform with the details and plans. All nomenclature on PVC pipe shall be installed facing up and visible and readable by the City Inspector.

Install NO multiple assemblies on plastic lines. Provide each assembly with its own outlet.

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Install ALL assemblies specified herein in accordance with respective detail. In absence of detail drawings or specifications pertaining to specific items required to complete work, perform such work in accordance with best standard practice with prior approval of City.

PVC pipe and fittings shall be thoroughly cleaned of dirt, dust, and moisture before installation. Installation and solvent welding methods shall be as recommended by the pipe and fitting manufacturer.

On PVC to metal connections, the CONTRACTOR shall work the metal connections first. PVC to metal connections shall only be accomplished by PVC male adapters screwed into metal fittings. Teflon tape or approved equal, shall be used on all threaded PVC to metal joints. Light wrench pressure is all that is required. Where threaded PVC connections are required, use threaded PVC adapters into which the pipe may be welded.

Temporary Repairs: The City reserves the right to make temporary repairs as necessary to keep the sprinkler system equipment in operating condition. The exercise of this right by the City shall not relieve the CONTRACTOR of his responsibilities under the terms of the guarantee as herein specified.

Line Clearance: All lines shall have a minimum clearance of six (6) inches from each other and from lines of other trades. Parallel lines shall not be installed directly over one another. Installation of lines for other trades shall not be laid in irrigation trenches, but shall be installed in a separate trench.
801-5.4 Installation of Valves, Valve Boxes and Special Equipment [Insert paragraph between first and second paragraphs]:

Remote Control Valves: Install where shown on drawings and details. When grouped together, allow at least twelve (12) inches between valves. Install each remote control valve in a separate valve box. Testing of pressure mainlines shall occur prior to installation of remote control valves.
801-5.5 Sprinkler Head Installation and Adjustment
801-5.5.1 General [Insert after last paragraph]:

Sprinkler Heads: Install the sprinkler heads as designated on the drawings.

Sprinkler heads to be installed in this work shall be equivalent in all respects to those itemized on plans and in details.
801-5.7 Flushing and Testing [Add after last paragraph]:

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Flushing of System: After all new sprinkler pipelines and risers are in place and connected, all necessary diversion work has been completed, and prior to installation of sprinkler heads, the control valves shall be opened and a full head of water used to flush out the system. Sprinkler heads shall be installed only after flushing of the system has been accomplished to the complete satisfaction of the City.
801-5.7.2 Pipeline Pressure Test [Insert before first paragraph]:

The CONTRACTOR shall request the presence of the City at least 48 hours (2 working days) in advance of testing.

All mainline piping shall be tested under hydrostatic pressure of 150 pounds per square inch, and proved watertight, prior to paving.

Sustain pressure in lines for not less than four (4) hours. If leaks develop, replace joints and repeat test until entire system is proven watertight.

All hydrostatic tests shall be made only in the presence of the authorized representative of the City. No pipe shall be backfilled until it has been inspected, tested, and approved.

CONTRACTOR shall furnish necessary force pump and all other test equipment.

Note: Testing of pressure mainlines shall occur prior to installation of electric Remote Control Valves.
801-5.7.3 Sprinkler Coverage Test [Replace with the following]:

When the sprinkler irrigation system is completed, perform a coverage test in the presence of the City representative to determine if the water coverage for planting areas is complete and adequate. Furnish all materials and perform all work required to correct any inadequacies of coverage due to deviations from plans, or where the system has been willfully installed as indicated on the drawings when it is obviously inadequate without bringing this to the attention of the City. The coverage test shall be accomplished before any ground cover or turf is planted.

Adjustment of the System: The CONTRACTOR shall flush and adjust all sprinkler heads for optimum performance and to prevent overspray onto walks, roadways, and buildings as much as possible.

If it is determined that adjustments in the irrigation equipment will provide proper and more adequate coverage, the CONTRACTOR shall make such adjustments prior to planting. Adjustments may also include changes in nozzle sizes, addition of pressure compensating screens, and degrees of arc as required.

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Lowering raised sprinkler heads by the CONTRACTOR shall be accomplished within ten (10) days after notification by City.

All sprinkler heads shall be set perpendicular to finished grades unless otherwise designated on the plans.

Upon completion of each phase of work, entire system shall be tested and adjusted to meet site requirements, and requirements in accordance with Subsection 801-

5.4.4. 801-5.7.4 Operational Test [Insert before first paragraph]:

Inspection Schedule: CONTRACTOR shall be responsible for notifying City in advance for the following inspections, according to the time indicated.

Pre-job conference - 2 days
Pressure supply line installation and testing - 2 days
Coverage tests - 2 days
Final inspection - 2 days
No work shall be backfilled until appropriate inspections and testing have been completed and approved by the City.
[Add on after last paragraph]:

The entire sprinkler irrigation system shall be under full automatic operation for a period of seven (7) days prior to any planting.

The City reserves the right to waive or shorten the operation period. 801-6 Maintenance and Plant Establishment [Add following sections]:
801-6.1 General

1. CONTRACTOR shall provide staff able to perform work at the highest standards of horticultural excellence. Key staff shall have current knowledge of Best Management Practices (BMP’s) regarding: safety, hazardous materials, plant health, pruning, integrated pest management and pesticide applications, irrigation systems’ operations and maintenance, and be fluent in the English language. The City reserves the right to require the replacement of Contractor’s staff who does not meet the City’s standards for safety, professionalism, communication skills, and horticultural knowledge.

2. CONTRACTOR’S key staff shall attend meetings and site inspections of the project area as requested by the City.

3. The Maintenance Period shall begin after the planting operations have been completed. The City Inspector will issue a field notification to the

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CONTRACTOR to establish the effective beginning day of the 90 Day Maintenance Period.
801-6.2 Maintenance and Plant Establishment

1. Maintenance shall include, but not be limited to, protection against damage, watering, mowing, weeding, pest and rodent control, and erosion and trespass control.

Damaged areas shall be repaired and damaged plants replaced promptly as directed by the City Inspector.

2. Gophers and moles shall be controlled, as necessary and approved, by trapping or by other means. Restoration and replacing of any areas disturbed by trapping is to be made by the CONTRACTOR.

3. CONTRACTOR will be responsible for replacing damaged plants with like material and repairing any damage caused by Contractor's negligence, or resulting from improper maintenance attention or procedures. Replacement of all unhealthy plant material, unless determined by the City Inspector to be beyond the control of the Maintenance Contractor, shall be immediately replaced at no additional cost to the City. Replacement of unhealthy / dead areas of SlopeSaver II meadow grass shall be accomplished within the 2-week reporting period immediately following notification by the City Inspector that subject planting areas must be replaced. The delay of replacement procedures may cause the overall maintenance period to be extended.

4. CONTRACTOR shall inform the City, on a monthly basis, of plant losses by warranty and unrelated to the maintenance activities. Provide City with the cause of the plant loss, and provide recommendations for replacement along with pricing for replacement.

5. CONTRACTOR shall be held responsible to immediately establish a program for pest, fungus and weed control. All applications of insecticides, fungicides, and herbicides shall be made by an operator licensed by the State of California Department of Food and Agriculture to perform such work. All materials used in this work shall be as approved by the State of California Department of Food and Agriculture and any other agencies involved.

6. CONTRACTOR shall provide a fertilization program as follows:
(Assuming Maintenance Period starts mid-January)
5#/1,000sf Sulfur-coated Urea 1st week of March
5#/1,000sf Sulfur-coated Urea 1st week of June
6#/1,000sf Complete 16-6-8 1st week of Sept
5#/1,000sf Sulfur-coated Urea 1st week of Dec
Documentation of fertilization applications must be submitted to the City as a part of the 2-week report immediately following the application date.

7. Clean up shall be made as each portion of work progresses. Refuse and

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excess dirt shall be removed from the site, all walks and paving shall be broomed or washed down, and any damage caused to the work of others shall be repaired to original conditions.
801-6.3 Irrigation Maintenance

1. Scope of Work
a. Provide all labor, material, equipment, and services necessary to properly maintain, operate, adjust, and perform minor repairs to the irrigation system. CONTRACTOR shall have on the job site at all times a repair kit and spare parts for plastic pipe and irrigation heads. Ground cover and shrub growth may require raising of heads to clear plant material.
b. General
All irrigation material shall be best available quality and shall be as specified unless otherwise approved.

Material shall include: pipe fittings, heads, valves, cocks, stops, PVC solvent, etc.
c. Hoses
CONTRACTOR shall provide adequate garden hoses, bubblers, hose bib keys, and all other equipment and materials as necessary for the execution of his work.
d. Sprinkler Heads
Once during each week of operation, the CONTRACTOR's personnel shall, after turning on a valve, visually inspect each sprinkler head in the Section and/or several emitters in the Section to make certain that there is no clogging by dirt or rock particles. This can be ascertained by irregular spray/drip patterns visible generally from the head to a distance of 12 inches (in the spray) from the head/emitter.
e. Sprinkler Control Valves, Hose Bibs
i. If leakage occurs around junction of bonnet and body, correct by replacing the gasket between the two parts.
ii. If leakage occurs at the point where the valve stem emerges through the top of the bonnet, correct by tightening the packing nut against the bonnet. Note: tighten only enough to cause the leak to stop. Replace packing if necessary.

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f. Operation
i. Supervised watering of grounds shall follow a preplanned schedule, differing only as required by the season of the year. An annual winter and summer watering schedule ( in monthly increments) shall be submitted to the City.
ii. The criterion for developing a schedule for irrigation is the proper maintenance of soil moisture. CONTRACTOR shall adjust and improve the schedule as necessary and as directed by the City. g. Schedule
The CONTRACTOR will be requested to time the operation of the irrigation system to the acceptance of the City.
h. Tests
The CONTRACTOR shall make precipitation and soil moisture tests, as directed by the City, and submit reports to the authorized representatives.

The CONTRACTOR shall operate each system in its entirety for the City at time of final inspection. Any items deemed not acceptable by the Inspector shall be reworked to the complete satisfaction of the City.

The CONTRACTOR shall show evidence to the City that all accessories, charts, records, drawings, and equipment have been delivered to the City, as required, before final inspection can occur.
801-6.4 Maintenance Report and Plant Establishment.

The CONTRACTOR shall submit a bi-weekly maintenance report to the City. This report shall state the maintenance work performed in the preceding two weeks and the planned maintenance work for the coming two weeks. Failure to submit reports as specified shall be construed as an interruption of the Maintenance Period and may, at the sole discretion of the City, extend the completion date of the maintenance contract accordingly.

End of Maintenance Period shall occur only on the written acceptance by the City. 801-7 Guarantee [Add on after last paragraph]:

See Subsection 212-2 for written guarantee.
801-8 PAYMENT [Add prior to the first paragraph]:

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1511509.1
Payment for all these items shall be included in the lump sum prices on the bid sheet:
• Fertilizing and Soil Conditioning Procedures: The payment for the soils conditioning shall be included in the lump sum bid price in the Proposal Bid Form and shall include full compensation for all labor, materials, tools, equipment and incidentals required for completing this item of work. • Plant Material: The payment for the planting and installation of trees, shrubs, groundcover, and hydroseed shall be included in the lump sum bid price in the Proposal Bid Form and shall include full compensation for all labor, materials, tools, equipment and incidentals required for completing this item of work.
• Mulch: The payment for the removal, stockpile, removal of deleterious material, and re-installation of Mulch shall be included in the in the lump sum bid price in the Proposal Bid Form and shall include full compensation for all labor, materials, tools, equipment and incidentals required for completing this item of work.
90-Day Maintenance: Payment for maintenance of the work per the Plans and the Specifications shall be made per the Contract Unit Price per Lump Sum for 90 Day Maintenance in the Proposal Bid Form and shall include full compensation for all labor, materials, tools, equipment and incidentals required for completing this item of work.

4.7.a
Packet Pg. 190 Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving, Inc. (3279 : Award of Contract for 1511509.1
Appendix A

APPLICABLE STANDARD PLANS

4.7.a
Packet Pg. 191 Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving, Inc. (3279 : Award of Contract for

SECTION F-F

SECTION E-E

PROFILE
PLAN

SECTION D-D
NOTES:

SHT. OF
STD. PLAN
1 4
1309
Approved

COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT
PARKWAY CULVERT TYPE - "A"
Revision: August 2018

4.7.a
Packet Pg. 192 Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving, Inc. (3279 : Award of Contract for

SECTION C-C

SECTION B-B

PROFILE
PLAN

SECTION A-A
SHT. OF
STD. PLAN
2 4
1309
Approved

COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT
PARKWAY CULVERT TYPE - "B"
Revision: August 2018
NOTES:

4.7.a
Packet Pg. 193 Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving, Inc. (3279 : Award of Contract for

SECTION A-A

CURB PROFILE
PLAN

CASE II INLET

CASE I INLET
NOTES:

CURB PROFILE
SHT. OF
STD. PLAN
3 4
1309
Approved

COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT
PARKWAY CULVERT - TYPE "C"
Revision: August 2018

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Packet Pg. 194 Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving, Inc. (3279 : Award of Contract for

OUTLET DETAIL

FACE ANGLE ANCHOR
DETAIL
GENERAL NOTES:

TABLE I
SHT. OF
STD. PLAN
4 4
1309
Approved

COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT

PARKWAY CULVERT - DETAILS AND NOTES
Revision: August 2018

4.7.a
Packet Pg. 195 Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving, Inc. (3279 : Award of Contract for

TERRACE DRAIN
SHT. OF
STD. PLAN
1 3
1321
Approved

COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT

TERRACE AND DOWN DRAIN
Revision: August 2018

4.7.a
Packet Pg. 196 Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving, Inc. (3279 : Award of Contract for Approved

DOWN DRAIN

SECTION A-A
SHT. OF
STD. PLAN
2 3
1321

COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT

TERRACE AND DOWN DRAIN
Revision: August 2018

4.7.a
Packet Pg. 197 Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving, Inc. (3279 : Award of Contract for

SECTION A-A
PLAN
SHT. OF
STD. PLAN
3 3
1321
Approved

COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT

TERRACE AND DOWN DRAIN
Revision: August 2018

TERRACE DRAIN/

DOWN DRAIN INTERSECTION

4.7.a
Packet Pg. 198 Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving, Inc. (3279 : Award of Contract for SHT. OF
STD. PLAN
Approved

COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT
Revision: August 2018

SECTION B-B

SECTION A-A

PLAN VIEW
NOTES:

DETAIL A
1 1
1331

DOWNDRAIN TO PIPE TRANSITION

4.7.a
Packet Pg. 199 Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving, Inc. (3279 : Award of Contract for SHT. OF
STD. PLAN
Approved

COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT
Revision: August 2018
NOTES: 1 1
1332

INTERCEPTOR DRAIN

4.7.a
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4.7.a
Packet Pg. 201 Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving, Inc. (3279 : Award of Contract for

COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT

SPPWC STANDARD PLANS - CURB & SIDEWALK JOINTS
Revision: August 2018
SHT. OF
112-2-OC
Approved
1 1
STD. PLAN

4.7.a
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4.7.a
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COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT
1
2 SPPWC STANDARD PLAN - CURB AND GUTTER-BARRIER
Revision: August 2018
Approved
120-2-OC
STD. PLAN
SHT. OF 1 1
1
2 1
2 4.7.a
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4.7.a
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COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT

SPPWC STANDARD PLAN - CROSS AND LONGITUDINAL GUTTERS
Revision: August 2018
Approved
122-2-OC
STD. PLAN
SHT. OF 1 1

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4.7.a
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4.7.a
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4.7.a
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COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT

SPPWC STANDARD PLAN - ASPHALT CONCRETE PAVEMENT REPLACEMENT Revision: August 2018
Approved
STD. PLAN
133-3-OC
SHT. OF 1 2

4.7.a
Packet Pg. 211 Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving, Inc. (3279 : Award of Contract for

COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT

SPPWC STANDARD PLAN - ASPHALT CONCRETE PAVEMENT REPLACEMENT Revision: August 2018
Approved
STD. PLAN
133-3-OC
SHT. OF 2 2

4.7.a
Packet Pg. 212 Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving, Inc. (3279 : Award of Contract for Benefits
• Easy application – single coat
application with minimal site
preparation.
• Cost effective – less labor and
application costs due to
simplicity of use.
• Versatility – Use on metal,
concrete, brick, stone, wood,
fiberglass and pre-existing
coatings.
• Superior Performance – antistick properties aid in graffiti removal.
• Non-sacrificial – long lasting,
durable.
• Aesthetically pleasing – will
not damage pre-existing
coverings nor peel.
• Quick Dry Time.
• 5 Year Limited Warranty
Si-COAT® 530™ is a clear single application coating
that is a long-lasting solution to graffiti tagging
Product Description
Si-COAT® 530™ is a clear, semi-gloss, permanent (non-sacrificial) one coat anti-graffiti protective coating suitable for use over metal, concrete, brick, stone, wood, fiberglass and pre-existing coatings.

This single component, room temperature vulcanizing (RTV), moisture cure polysiloxane product provides excellent durability and long service life. Si-COAT 530 forms chemical bonds directly with the host surface to enhance adhesion properties without the need for abrasive blasting, priming, and extensive site preparation.

Most Graffiti can be removed from coated areas using water under low pressure - 1200 psi (ASTM D7089 Cleanability Level One).

Cost Savings
The simple single coat system of Si-COAT 530 minimizes labor costs and installation time over other multi-coat anti-graffiti coatings. The cost savings are amplified by minimal site preparation required before application; again saving time, labor, and material costs.

The non-sacrificial nature of Si-COAT 530 means that the product will withstand many repeated graffiti removal cycles without the need of being reapplied. Further cost savings are noticed when removing the graffiti tagging, compared to other products, as no proprietary cleaners are needed.

Superior Performance
Si-COAT 530 is suitable for use over metal, concrete, brick, stone, wood, fiberglass and pre-existing coatings - however, test patches should be performed as product may have a darkening effect on some surfaces.

The protective coating remains flexible allowing it to remain intact through thermal expansion and contraction of the substrate.

These properties also make the product able to bridge hairline surface cracks. Si-COAT 530 allows moisture vapor to escape while preventing water penetration allowing for enhanced protection of the coated surface to conditions such as dampness, weather damage and other above grade conditions.
www.cslsilicones.com
Si-COAT 530 | Anti-Graffiti Protective Coating Si-COAT® 530™ | Anti-Graffiti Protective Coating

4.7.a
Packet Pg. 213 Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving, Inc. (3279 : Award of Contract for Packaging
Si-COAT® 530™ is available in
1 US gal (3.8L) and 5 US gal (18.9L)
containers.

Shelf Life
When stored in the original
unopened container at or below 90oF
(32oC) Si-COAT 530 has a shelf life of
12 months. Store Si-COAT 530 in dry,
shaded conditions away from sources
of heat and/or ignition.

Safety Precautions
This product is intended for
use only by professional applicators
in industrial situations in accordance
with the advice given in this
document, the Technical Data Sheet
(TDS), the Material Safety Data Sheet
(MSDS) and the container(s). Si-COAT
530 should not be used without
reference to the TDS and MSDS
that CSL Silicones Inc. provides to its
customers.

All work involving the application
and use of this product should be
performed in compliance with all
relevant national Health, Safety
& Environmental standards and
regulations.

When applying in confined
spaces ensure adequate ventilation
and/or respiratory equipment.

CSL Silicones Inc.
144 Woodlawn Rd. W.

Guelph, ON, Canada N1H 1B5
+1 519.836.9044
+1 800.265.2753
www.cslsilicones.com
Si-COAT 530 | Anti-Graffiti Protective Coating
Physical Properties
(typical properties - values not to be used as specifications)

UNCURED
Appearance Thick Paint
Viscosity 5,000 ± 2,000cP
Sag 20 minimum (Leneta Anti-Sag Meter)
Cure System Neutral, moisture cure
CURED At standard conditions [77oF (25oC) and 50% relative humidity] for 7 days Hardness 35 (ASTM D2240, Shore A)
Tensile Strength 200 psi (19kg/cm2) (ASTM D412)
Elongation at Break 230% (ASTM D412)
Temperature Stability Continuous: -40 to 392oF (-40 to 200oC) System Compatibility
Primer is not needed prior to applying Si-COAT 530 to most common substrates. A field adhesion test is recommended prior to application, especially on painted surfaces.

Application Temperature Range
41 to 140oF (5 to 60oC) – ambient
41 to 266oF (5 to 130oC) – substrate
Theoretical Coverage
DFT 8 mils (203 µ) 10 mils (254 µ)
sq. ft/US gal 140 112
sq.m/L 3.5 2.8
Dry Time
At standard conditions [77oF (25oC) and 50% relative humidity – 10 mils wet film thickness]
Skin-over Time 30 minutes
Tack-free Time 60 minutes
Cure Through 4 to 6 hours
27/11/13 rev 4
Si-COAT® 530™ | Anti-Graffiti Protective Coating

4.7.a
Packet Pg. 214 Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving, Inc. (3279 : Award of Contract for Reviewed 27/11/13
Si-Coat® 530™ TDS rev 5
All trademarks registered. All rights reserved
Technical
Data Sheet
Si-COAT® 530™
Anti-Graffiti Protective Coating

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Anti-Graffiti Coating

TECHNICAL DATA SHEET
Reviewed 27/11/13
Si-Coat® 530™ TDS Rev 5
All trademarks registered. All rights reserved
1 Introduction Si-COAT 530 is a clear, semi-gloss, permanent (non-sacrificial) one coat antigraffiti protective coating suitable for use over metal, concrete, brick, stone, wood, fiberglass and pre-existing coatings. This single component, room temperature vulcanizing (RTV), moisture cure polysiloxane product provides excellent durability and long service life.

As a result of its specific chemistry, Si-COAT 530 forms chemical bonds with the host surface to enhance adhesion properties without the need for abrasive blasting, priming, and extensive site preparation.

Due to the hydrophobicity of the coating, most graffiti-tagging can easily be removed from protected surfaces using water under low pressure – 1200 psi (ASTM D7089 Cleanability Level One).

For best results, Graffiti tagging should be removed from the Si-COAT 530 coating as soon as possible using a regular cold water pressure washer.

In the instance that graffiti has been left on for a longer time period (greater than 10 days) and is stubborn to remove with cold water then a warm water pressure wash may be necessary.

In the extremely rare instance that stubborn graffiti media (specialty paints with adhesion primers that have been left to cure for extended periods of time) is not removed 100% with warm water then apply a commercially available alkaline based cleaner and rinse off immediately.

Note: Before applying alkaline cleaner to the coating, test a small patch in an inconspicuous area. Contact CSL Silicones Inc. for information and/or recommendations on which cleaners are most suitable for specific problems. 2 Product
Description
A single component, room temperature vulcanizing (RTV), moisture cure, polysiloxane coating giving excellent durability and long service life. 3 Intended Uses Suitable for use in applications where a surface needs to be protected from graffiti since most marking media can be easily removed from the coated surface, due to the excellent hydrophobicity of the coating. Si-COAT 530 is suitable for use over metal, concrete, brick, stone, wood, fiberglass and pre-existing coatings - however, test patches should be performed as product may have a darkening effect on some surfaces.

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Anti-Graffiti Coating

TECHNICAL DATA SHEET
Reviewed 27/11/13
Si-Coat® 530™ TDS Rev 5
All trademarks registered. All rights reserved
4 Practical
Information
Color
Gloss Level
Volume Solids
Typical Thickness
Application Rate
Approx.

Theoretical
Coverage
Allow appropriate
loss factor:

Method of
Application:

Temperature
Range
Drying Time:

Clear
Semi-gloss
~70%
8 to 10 mil (203 to 254 micron) dry film thickness (DFT).

Equivalent to…
~11 to ~14 mil (~290 to ~ 363 microns) wet film thickness (WFT).

Application thickness is dependent on washing frequency.

DFT 8.0 mils
(203 µ)

10.0 mils
(254 µ)
sq. ft/US
gal
140 112
sq.m/L 3.5 2.8
Practical Coverage = Theoretical Coverage x [100% - Loss%] Airless spray, brush or roller
41 to 140°F (5 to 60°C) [ambient]
41 to 266°F (5 to 130°C) [substrate]
Skin-over Time 30 minutes*
Tack-free Time 60 minutes*
Cure Through 4 to 6 hours*
Full Physical Characteristics 7 days*
*At standard conditions [77oF (25o C) and 50% relative
humidity – 10 mils wet film thickness]
5 Regulatory
Data
Flash Point
Product Weight
VOC
104°F (40°C) minimum

7.93 lb/US gallon (0.95 kg/liter) minimum

1.93 lb/US gallon (230.10 g/liter) maximum
6 Physical
Properties
(Typical properties -
values not to be used as
specifications)

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Anti-Graffiti Coating

TECHNICAL DATA SHEET
Reviewed 27/11/13
Si-Coat® 530™ TDS Rev 5
All trademarks registered. All rights reserved
7 Surface
Preparation &
Surface
Cleanliness
All surfaces to be coated should be free of dirt, dust, chalking paint, mortar spatter, all loose rust, all loose mill scale, old caulking, grease, oil, release agents, curing compounds, laitance and other foreign matter including frost. Any paint that is peeling, flaking, cracking, blistering or lifting must be removed. Old coating that does not meet ASTM standard D3359 (“Measuring Adhesion by Tape Method”) with a minimum rating of 4A or 4B must be removed. All edges of old coating must be feathered down to remove the sharp edge.

In order to achieve the above conditions, the suggested surface preparation standards are SSPC-SP2 (hand tool cleaning), SSPC-SP3 (power tool cleaning) or SSPC-SP12/NACE No. 5 (water jetting/blasting).

For surfaces prepared by water jetting/blasting, the SSPC-VIS 4(I)/NACE No. 7 standards for surface cleanliness should be followed.

The visual surface cleanliness must conform, at minimum, to the Vis WJ-4 condition directly after water jetting/blasting.

Non-visual surface cleanliness must conform, at minimum, to the SC-2 condition with a provision for up to 7 ppm (10 µg/cm2
) chloride contamination. Soluble
ferrous ion levels should be below 7 ppm (10 µg/cm2
) and sulfate contamination
less than 12 ppm (17 µg/cm2
).

Flash rusting may occur after water jetting/blasting. As per the SSPC-VIS 4(I)/NACE No. 7 standard, the maximum flash rusting condition tolerable is L (light flash rusting that is evenly distributed or in patches, very tightly adherent and not heavy enough to mark objects rubbed/brushed against it).

Hence, the overall visual/non-visual surface condition after water jetting/blasting is WJ-4 L/SC-2 (with a provision for up to 7 ppm (10 µg/cm2 ) chloride
contamination).

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Anti-Graffiti Coating

TECHNICAL DATA SHEET
Reviewed 27/11/13
Si-Coat® 530™ TDS Rev 5
All trademarks registered. All rights reserved
8 Coating
Application Mixing
Application
Thinner
Cleaner
Work
Stoppages &
Restarts
Si-COAT 530 is supplied as a one-part coating (no component mixing necessary). However, since the coating is a thixotropic gel it is necessary to mix by an air powered agitator (300 – 400 rpm) for a minimum of 5 minutes, to insure an even
consistency of coating is obtained without air in suspension.

All surfaces should be clean and dry prior to application. The coating should be applied in a manner that prevents runs, sags, drips, spills, etc. and that completely covers surfaces without holidays (gaps). The temperature of the surface to be coated should be between 41 and 140°F (5 and 60°C) and
environmental temperature should be at least 5°F (3°C) above the dew point prior to and during application.

When working with Si-COAT 530 in high humidity and/or high temperature environments, it is recommended to use a pail lid adapter fitted with an agitator. This will prevent the product from skinning over and curing in the pail during application.

Ideally apply using Brush or Roller; may also be applied using an airless sprayer, but it is not recommended, as it will leave a milky appearance. Apply at a rate that will achieve a minimum of 8 mils (203 µ) DFT. Roller and brush application will require multiple coats to achieve desired DFT.

Not recommended. Thinners may inhibit the curing
mechanism of the coating.

Naphtha, Odorless Mineral Spirits or MEK.

Work stoppages are not recommended with only partial
utilization of a container of Si-COAT 530.

If work must stop after only a portion of a container of SiCOAT 530 is used, seal to minimize air and moisture contact with the coating by covering the surface of the coating with a sheet of polyethylene film, then reseal the container to be airtight.

Upon reopening the container to restart work, peel back the polyethylene film. If curing of the coating has occurred, use a utility knife to cut the cured coating away from the wall of the container. Peel away the cured layer of coating to expose fresh coating underneath.

Clean-up Do not allow material to remain in hoses, gun or spray equipment. Thoroughly flush all equipment with cleaner as selected from above.

Fully cured coating is environmentally benign (will not harm) and is suitable for landfill disposal. However, always check local environmental regulations before disposal.

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Anti-Graffiti Coating

TECHNICAL DATA SHEET
Reviewed 27/11/13
Si-Coat® 530™ TDS Rev 5
All trademarks registered. All rights reserved
9 Product
Characteristics
Surface finish is dependent on application method. Avoid using a combination of application methods whenever possible. Superior aesthetic appearance will be obtained with airless spray application.

If over coating your Si-COAT 530 after prolonged weathering or ageing, ensure the coating is fully cleaned to remove all surface contamination such as dust, grease, oil, salt crystals, traffic fumes, etc. before application of a further coat of Si-COAT 530.

Do not apply to substrate temperatures below 41°F (5°C).

When applying Si-COAT 530 in confined spaces ensure adequate ventilation and/or respiratory equipment is available. Consult the Si-COAT 530 MSDS for further details.

Si-COAT 530 has excellent tolerance to airborne chemical exposure. When severe chemical or solvent splashing/pooling is likely to occur please contact CSL Silicones Inc. for information regarding suitability.
10 Systems
Compatibility
Primer is not needed prior to applying Si-COAT 530 to most common substrates.

A field adhesion test is recommended prior to application, especially on painted surfaces.
11 Safety
Precautions
This product is intended for use only by professional applicators in industrial situations in accordance with the advice given in this document, the Material Safety Data Sheet (MSDS) and the container(s), and should not be used without reference to the MSDS that CSL Silicones Inc. has provided to its customers.

All work involving the application and use of this product should be performed in compliance with all relevant national, Health, Safety & Env. standards & regulations.

In the event welding or flame cutting is performed on metal coated with this product, dust and fumes may be emitted that will require the use of appropriate personal protective equipment and adequate local exhaust ventilation.

If in doubt regarding the suitability of use of this product, consult CSL Silicones Inc. for further advice.
12 Packaging Package Size
Product Volume Product Weight Shipping Weight
1 US gal unit 1.0 US gal (3.8 liter) 8.0 lb (3.6 kg) 9.2 lb (4.17 kg) 5 US gal unit 5.0 US gal (18.9 liter) 39.7 lb (18.0 kg) 43 lb (19.5 kg) 13 Storage Shelf Life Minimum 12 months from date of
manufacture at 90°F (32°C). Subject to reinspection thereafter. Store in dry, shaded conditions away from sources of heat or
ignition.

Disclaimer
The information given in this sheet is not intended to be exhaustive and any person using the product for any purpose other than that specifically recommended in this document without first obtaining written confirmation from CSL Silicones Inc. as to the suitability of the product for the intended purpose does so at his/her own risk. The information contained herein has been prepared in good faith to comply with applicable federal and provincial (state) law(s). However, no warranty of any kind is given or implied and CSL Silicones Inc. will not be responsible for any damages, losses or injuries that may result from the use of any information contained herein. While CSL endeavors to ensure all advice it gives about the product (whether in this document or otherwise) is correct, we have no control over either the quality or condition of the substrate or the many factors affecting the use and application of the product. Therefore, unless CSL specifically agrees in writing to do so, it does not accept any liability whatsoever or howsoever arising for the performance of the product, or for any consequential loss or damage arising out of the use of the product. Any warranty, if given, or specific Terms & Conditions of Sale are contained in CSL’s Terms & Conditions of Sale, a copy of which can be obtained upon request. The information contained herein is liable to modification from time-to-time in light of experience and CSL’s policy of continuous product improvement.

It is the user’s responsibility to check that this document is current prior to using the product. This document must not be used for specification writing.

CSL Silicones Inc.
144 Woodlawn Road West
Guelph, ON N1H 1B5
CANADA
Toll Free: 800 265 2753
Tel: 519 836 9044
Fax: 519 836 9069
www.cslsilicones.com

4.7.a
Packet Pg. 220 Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving, Inc. (3279 : Award of Contract for 1511509.1
Appendix B

PROJECT PLANS

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Packet Pg. 221 Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving, Inc. (3279 : Award of Contract for

VARIOUS LOCATIONS CONCRETE WORK LIST
SEE BID ITEMS 2 - 6
DIMENSIONS ARE ESTIMATES ONLY. LIST MAY NOT BE ALL INCLUSIVE.

WIDTH (FT) LENGTH (FT) SQ FT TYPE LOCATION
10 20 200 SIDEWALK 26701 MOULTON
10 10 100 SIDEWALK 26701 MOULTON

4.5 10 45 SIDEWALK INDIAN HILL @ AUTUM HILL
5 20 100 SIDEWALK INDIAN HILL @ AUTUM HILL

4.5 6 27 SIDEWALK INDIAN HILL @ AUTUM HILL

4.5 5 23 SIDEWALK INDIAN HILL @ SAND CREEK

4.5 19.5 88 SIDEWALK INDIAN HILL @ SAND CREEK

4.5 19.5 88 SIDEWALK INDIAN HILL @ ASH CREEK

4.5 10 45 SIDEWALK INDIAN HILL @ HOLLY HILL

4.5 25 113 SIDEWALK INDIAN HILL @ HOLLY HILL

5.5 40.5 223 SIDEWALK SANTA VITTORIA BEHIND 22666 GENOVA

4.5 25 113 SIDEWALK SANTA VITTORIA @ CENTINELA

4.5 13 59 SIDEWALK ES SANTA VITTORIA 280FT SO SANTA MARIA

7.5 20.5 154 SIDEWALK WB LA PAZ 1000FT W/O ALAMEDA (ES CULVERT)

7.5 20.5 154 SIDEWALK WB LA PAZ 1000FT W/O ALAMEDA (WS CULVERT) 4 50 200 SIDEWALK ACROSS FROM 25351 ERICSON
4 39 156 SIDEWALK EARHART BETWEEN ERRICSON & LAS BOLSAS 4 26 104 SIDEWALK 25272 COSTEAU
4 21 84 SIDEWALK 25471 GRISSOM
4 24.5 98 SIDEWALK ACROSS FROM 25161 DE SALLE
6 30 180 SIDEWALK ACROSS FROM 25046 MACKENZIE
6 20.5 123 SIDEWALK ACROSS FROM 25401 MACKENZIE
4 4 16 SIDEWALK 24992 CAMBERWELL

4.5 20 90

SIDEWALK & DRIVE
APPROACH 25546 OAK LEAF
4 43 172 SIDEWALK 25442 CHAMPLAIN
6 10 60 SIDEWALK 24032 EL TORO

4.25 16.67 71 SIDEWALK ACROSS FROM 23621 MARSALA

WIDTH (FT) LENGTH (FT) SQ FT TYPE LOCATION

7.5 14.5 109 SIDEWALK CULVERT LH DR BETWEEN PDV & INDIAN HILL

LENGTH (FT) TYPE LOCATION
100 6 IN CURB & GUTTER 25485 BARENTS
6 6 IN CURB & GUTTER 27121 WOODBLUFF

LENGTH (FT) TYPE LOCATION
20 8 IN CURB & GUTTER 24035 EL TORO
23 8 IN CURB & GUTTER 23161 MOULTON
NOTE: THE ESTIMATED QUANTITIES SHOWN HEREIN ARE APPROXIMATE. PAYMENT FOR QUANTITIES WILL BE MADE FOR ACTUAL MATERIALS USED ON THE JOB. THE CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO ADD OR DELETE LOCATIONS.

4.7.a
Packet Pg. 222 Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving, Inc. (3279 : Award of Contract for

4.7.a
Packet Pg. 223
Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving,

4.7.a
Packet Pg. 224
Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving,

4.7.a
Packet Pg. 225 Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving, LA PAZ ROAD, NORTHERLY SIDE: SIDEWALK AND CURB WORK 4.7.a Packet Pg. 226
Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving, COMMUNITY CENTER SERVICE DRIVEWAY CONCRETE WORK 25555 ALICIA PARKWAY. LAGUNA HILLS. CA 92653 REMOVE

EXISTING TURF

GRASS AND SOIL,
CONSTRUCT 6.5"
PCC OVER 12" OF

COMPACTED

SUBGRADE PER
DETAIL HEREON.

PROVIDE

WEAKENED

PLANE JOINTS

MATCH EXISTING
LOCATIONS. / PORTLAND CEMEITT

CONCRETE

PORTLAND CEMENT CONCRETE

COMPACTED SUBGRADE

HEAVY DUTY

6.5"
12"
SUBGRADE SHALL BE SCARIFIED TO A DEPTH OF 12+ INCHES, MOISTURE CONDITIONED TO 3 TO 5 PERCENT ABOVE OPTIMUM, AND RECOMPACTED TO AT LEAST 90 PERCENT OF THE ASTM 0-1557 MAXIMUM DRY DENSITY.

4.7.a
Packet Pg. 227 Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving,

NOTIFICATION SIGN SPECIFICATIONS AND PLANS
“Fabricate Notification Sign and Install” means as follows:

Fabricate 30”-tall x 60”-wide aluminum signs with white background, black lettering and logos bolted to 4” x 4” posts which in turn are bolted to 2” x 8” x 8’ long skids such that the signs can straddle existing sidewalk and, at a minimum, provide 36” x 84” clearance for pedestrians to pass under as substantially as shown on the following pages, or as reasonably modified by the Engineer.

PHOTO IS ILLUSTRATIVE ONLY
EXACT WORDING TO BE DETERMINED DURING PRE-CONSTRUCTION MEETING.

Contractor shall provide electronic mock-up of sign for approval by the Engineer.

4.7.a
Packet Pg. 228 Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving, Inc. (3279 : Award of Contract for

4.7.a
Packet Pg. 229 Attachment: Proposed Public Works Construction Contract for CIP No. 106 with CT&T Concrete Paving, Inc. (3279 : Award of Contract for City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: September 12, 2023
TO: Mayor and Council Members
FROM: Jennifer Lee
City Clerk
ISSUE: Second Reading & Adoption of Proposed Ordinance Adding Chapter 4-48 (Sidewalk Vending) to the Laguna Hills Municipal Code Establishing a Sidewalk Vending Regulatory Program
RECOMMENDATION: That the City Council: 1) Adopt an Ordinance entitled: “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA HILLS, CALIFORNIA, ADDING NEW CHAPTER 4-48 (SIDEWALK VENDING) TO TITLE 4 (BUSINESS

REGULATIONS) OF THE LAGUNA HILLS MUNICIPAL CODE ESTABLISHING A SIDEWALK VENDING REGULATORY PROGRAM; and 2) Authorize the Mayor/Mayor Pro Tempore to execute the Ordinance.

SUMMARY:

The proposed ordinance would add Chapter 4-48 (Sidewalk Vending) to the Laguna Hills Municipal Code (LHMC) to establish a new sidewalk vending regulatory program and to implement sidewalk vending regulations in order to provide a permitting process for sidewalk vendors, as well as to impose reasonable operational requirements for sidewalk vendors in the City in order to protect the public health, safety, and welfare.

A copy of the proposed Ordinance and the Staff Report for the introduction of the Ordinance, including attachments, are included as attachments to this report. The City Council introduced the Ordinance by a vote of 5-0 on August 22, 2023. It is now in order to adopt the Ordinance and to authorize the Mayor/Mayor Pro Tempore to sign the Ordinance.

4.8 Packet Pg. 230
Second Reading & Adoption of Proposed Ordinance Regulating Sidewalk Vending September 12, 2023

Page 2 ends

Laguna Hills City CouncilSeptember 12, 2023

Laguna Hills City Council
September 12, 2023