Allocation Program. The funding will allow the City to proceed with the twelfth such project in the City’s history, providing for the reduction of pollution, trash, debris and sediment into the drainage system. The City has determined that G2 Construction, Inc. (G2) provides a proprietary system of Automatic Retractable Debris Screens and Connector Pipe Screens at each of its catch basins that meets the City’s specific needs.
G2’s proprietary products have a long track record of successful installations and are able to be consistently maintained due to their consistent installation in the City and longevity. Accordingly, and in accordance with specified sections of the Laguna Hills Municipal Code, G2 responded to a Notice Inviting Bids and provided a Proposal for the necessary work, which are both attached to the Trash and Debris Capture Devices Maintenance Services Agreement included with this staff report. It is recommended that the City Council find and determine that the sole-source selection of G2 Construction, Inc., for the installation of trash and debris capture devices (specifically, CPS-MOD™ & ARS-CL™ Screens) is in the City’s best interests and award the attached Trash and Debris Capture Devices Maintenance Services Agreement to G2.
BACKGROUND:
The City successfully competed for grant funds as part of the Orange County Transportation Authority's (OCTA) Measure M2 Project X, Environmental Cleanup Allocation Program (“Program”) with which the City intends to fund the installation of trash and debris capture devices on various catch basin locations in the City during the contract term. The purpose of this project is to reduce pollutants and sediment from reaching the local creeks and the “waters of the US,” including the Pacific Ocean. As part of the OCTA Program, the City was awarded $200,000.00 for fiscal year 2023/2024, which is required to be matched with $50,000.00 of local funds.
There is a need to retain the services of a qualified maintenance services company capable of manufacturing and installing trash and debris capture devices (specifically, CPS-MOD™ & ARS-CL™ Screens) and performing additional related work including, but not limited to, clearing and grubbing, mobilization, traffic control, catch basin cleaning, fabrication, and installation of proprietary Connector Pipe Screens and Automatic Retractable Screens (the “Project”). In response to City’s Notice Inviting Bid issued to G2 for CPS-MOD™ & ARS-CL™ Screen Project, Phase XII, Trash and Debris Capture Devices dated April 25, 2024, G2 submitted a proposal to the City, dated May 3, 2024, to perform the services required for the Project.
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The City has evaluated G2’s Proposal and determined that the products produced by G2 (specifically, the CPS-MOD™ & ARS-CL™ Screens) are uniquely suited, proprietary products that will both fit within the City’s existing infrastructure and match existing facilities for the purposes of maintenance efficiency. The CPS-MOD™ & ARS-CL™ Screens are compatible with, and are an integral component of, the City’s existing infrastructure, and the continued use of the screens would facilitate the continuity of maintenance and support of its trash and debris capture devices.
Trash and debris capture devices are unique products that must be customized and fabricated for each catch basin in order for the device to function properly. G2’s proprietary ARS-CLTM curb-opening screens and CPS-ModTM Full Capture Screens are unique patented storm water treatment devices made from 304 stainless steel that are designed and custom fabricated by G2 to the specific dimensions of each specific catch basin or inlet. This enables these devices to last much longer than the 10-year warranty period.
The ARS-CLTM curb-opening screens effectively stop all trash and debris that is ¾” or greater from entering the catch basins during dry weather. These screens capture 85% to 90% of debris that typically flows into the catch basins, clog the 5mm holes of the CPS-ModTM screens, and impair their treatment capacity. The City’s street sweeping program then collects these pollutants. The CPS-ModTM Full Capture System is effective as the final line-of-defense when trash and debris escape past the ARS-CLTM screens during heavy storm events. The CPS-ModTM patented design stops 100% of particles 5mm or larger from exiting the catch basin and flowing downstream. This device is also certified by the State Water Board as a Full-Capture System.
G2’s devices are compatible with, and are an integral component of, the City’s existing infrastructure.
There 570 total catch basins located throughout the City. The continued use of G2’s devices are necessary to match the City’s existing inventory of ARS-CLTM curb-opening screens installed in over 90% of the City’s catch basins and CPS-ModTM Full Capture Screens installed in over 60% of the City’s catch basins. G2’s devices are also compatible with the City’s street sweeping equipment and current batch basin cleaning processes, making it efficient and cost effective for City personnel to clean and maintain. As such, installing G2’s devices on additional catch basins will facilitate the continuity of cleaning and maintenance and will achieve cost efficiencies, while procuring a different vendor
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would require new training and reorientation and could result in significant increases in the amount and types of maintenance needed from City staff as well as increased costs.
It is, therefore, in the City’s best interest to install the same patented G2 storm water devices that are currently installed in catch basins throughout the City. G2’s devices have proven highly effective for the City, and their use helps the City meet the California Water Board’s storm water trash regulations. G2 has fabricated and installed almost 30,000 devices for over 50 different municipalities over the past 18 years in California, and the ARS-CL™ and CPS-Mod™ devices have been the industry standard for the past 8 years. Orange County Public Works has ranked G2’s screens as the highest scoring Trash Capture Devices in its competitive requests for proposals, and these screens have been the most selected devices for OCTA’s Environmental Cleanup Program Project X annual grants for each of the past 8 years.
For these reasons, it is recommended that the City waive formal bidding requirements of the Laguna Hills Municipal Code (LHMC) in awarding this Agreement to G2 because the goods and supplies, equipment, materials, and contract services are of a unique, sole source nature because of their quality, durability, availability, or fitness for a particular use and are available only from one source (LHMC Section 3-08.110(A)); the goods and supplies, equipment, materials, or non-professional services are proprietary (LHMC Section 3-08.110(B)); a specific make, model, or brand is necessary to match existing City equipment or to facilitate the continuity of effective maintenance and support (LHMC Section 3-08.110(F)); and compliance with procurement policies, procedures, and/or requirements is not in the best interest of the City (LHMC Section 3-08.110(J)).
G2 has been awarded a master agreement with the County of Orange (Contract No. MA080-20011478) to furnish and install Trash and Debris Capture Devices on Countyowned property (“County Agreement”). Section 15 of the County Agreement establishes a Regional Cooperative Agreement (RCA) that permits non-County public agencies to execute subordinate contracts for the same services during the effective dates of the County Agreement, which is currently through June 30, 2025. Under the County Agreement, the RCA terms, conditions, and pricing shall be extended to all subordinate contracts issued. The City’s agreement with G2, if awarded, is intended to be consistent with the terms, conditions, and pricing available through the County Agreement.
In the City’s grant application to OCTA, the City proposed to use G2’s devices as part of
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the Environmental Cleanup Allocation Program. Should the City Council choose not to award a contract to G2 and instead require the City to hold a competitive procurement for these devices, the City will have to request a modification to the grant agreement with OCTA, which would jeopardize the grant award.
FISCAL IMPACT:
OCTA has awarded the City a $200,000 grant for the CPS-MOD™ & ARS-CL™ Screen Project, Phase XII, which is matched with a $50,000 general fund commitment, for a total project cost of $250,000. This project is not identified in the FY 2023-2024 Capital Improvement Program budget; therefore, City staff recommends the transfer of $50,000 from the Public Works Operating Budget to the Capital Improvement Program budget, CIP No. 412-L, “Water Quality Improvements.”
ATTACHMENTS:
• Maintenance Services Agreement and Bid Documents
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TRASH AND DEBRIS CAPTURE DEVICES MAINTENANCE SERVICES AGREEMENT G2 Construction, Inc.
(CPS-MOD™ & ARS-CL™ Screen Project, Phase XII, Trash and Debris Capture Devices)
THIS TRASH AND DEBRIS CAPTURE DEVICES MAINTENANCE SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective this 14th day of May, 2024, by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California (hereinafter referred to as “City”), and G2 CONSTRUCTION, INC., a California Corporation (hereinafter referred to as “Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”
RECITALS
A. The City has received funds as part of the Orange County Transportation Authority's (OCTA) Measure M2 Project X, Environmental Cleanup Allocation Program (“Program”) with which the City intends to fund the installation of trash and debris capture devices on various catch basin locations in the City during the contract term.
B. As part of the OCTA Program, the City was awarded $200,000.00 in fiscal year 2023-2024.
C. The City has determined that there is a need to retain the services of a qualified maintenance services company capable of manufacturing and installing trash and debris capture devices (specifically, CPS-MOD™ & ARS-CL™ Screens) and performing additional related work including, but not limited to, clearing and grubbing, mobilization, traffic control, catch basin cleaning, fabrication and installation of proprietary Connector Pipe Screens and Automatic Retractable Screens (the “Project”). The City has determined that Contractor’s CPS-MOD™ & ARS-CL™ Screens are unique and proprietary products that are only available from G2 and fit within the City’s existing infrastructure. The CPS-MOD™ & ARS-CL™ Screens are compatible with, and are an integral component of, the City’s existing infrastructure, and the continued use of the screens would facilitate the continuity of maintenance and support of its trash and debris capture devices.
D. Therefore, the City waived formal bidding requirements of the Laguna Hills Municipal Code (LHMC) in awarding this Agreement to Contractor because the goods and supplies, equipment, materials, and contract services are of a unique, sole source nature because of their quality, durability, availability, or fitness for a particular use and are available only from one source (LHMC Section 3-08.110(A)); the goods and supplies, equipment, materials, or nonpforessional services are proprietary (LHMC Section 3-08.110(B)); a specific make, model, or brand is necessary to match existing City equipment or to facilitate the continuity of effective maintenance and support (LHMC Section 3-08.110(F)); and compliance with procurement policies, procedures, and/or requirements is not in the best interest of the City (LHMC Section 3-08.110(J)).
E. Contractor previously entered into Contract No. MA-080-20011478 with the County of Orange to furnish and install Trash and Debris Capture Devices (“County Agreement”). Section 15 of the County Agreement establishes a Regional Cooperative Agreement (RCA) that permits
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non-County public agencies to execute subordinate contracts for the same services during the effective dates of the County Agreement, which, at the time of entering into this Agreement, is through June 30, 2025. Under the County Agreement, the RCA terms, conditions, and pricing shall be extended to all subordinate contracts issued. This Agreement is intended to be consistent with the terms, conditions, and pricing available through the County Agreement.
F. In response to City’s Notice Inviting Bid for CPS-MOD™ & ARS-CL™ Screen Project, Phase XII, Trash and Debris Capture Devices dated April 25, 2024, Contractor has submitted to City a proposal, dated May 3, 2024, which work includes, but is not limited to, clearing and grubbing, mobilization, traffic control, catch basin cleaning, fabrication and installation of proprietary Connector Pipe Screens and Automatic Retractable Screens (specifically CPS-MOD™ & ARS-CL™ Screens), for the Project pursuant to the terms of this Agreement.
G. Contractor represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, labor and equipment, and expertise to provide the requested traffic signal maintenance services and has agreed to provide such maintenance services to City for the Project as provided herein. The City does not have the personnel, specialized equipment, or technical expertise able to perform the work and services contracted for herein. The City does not possess the knowledge, expertise, or skill to control and direct the work necessary for the Project and requires the use of an independent contractor to do so.
H. City desires to retain Contractor to provide such trash and debris gate installation services for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. MAINTENANCE SERVICES
1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Contractor promises and agrees to furnish and install trash and debris capture devices to City for the Project as set forth in Contractor’s Proposal/Scope of Work, dated May 3, 2024, and as set forth in City’s Notice Inviting Bid for CPS-MOD™ & ARS-CL™ Screen Project, Phase XII, Trash and Debris Capture Devices, dated April 25, 2024, which are each attached hereto as Exhibit “A” and Exhibit “B” respectively and are incorporated herein by reference (hereinafter referred to as the “Services” or “Work”). As a material inducement to the City entering into this Agreement, Contractor acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills, equipment, personnel, labor, and abilities and that, consistent with this understanding, Contractor’s Services and Work shall be performed in a skillful and competent manner and shall be held to a standard of quality and workmanship prevalent in the industry for such service and work and with the standards recognized as being employed by contractors in the same discipline in the State of California. Contractor represents and warrants that it is skilled in the discipline necessary to perform the Services and Work and that it holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement. Contractor represents and warrants that it and all of its employees and subcontractors
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providing services under this Agreement shall have sufficient skill and experience to perform the Services and Work assigned to them. All Services and Work shall be completed to the reasonable satisfaction of the City.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) City’s Notice Inviting Bid for CPS-MOD™ & ARS-CL™ Screen Project, Phase XII, Trash and Debris Capture Devices, dated April 25, 2024 (hereinafter referred to as “Notice Inviting Bid”); and, (3) the Contractor’s signed, original Proposal/Scope of Work, dated May 3, 2024 (“Contractor’s Proposal”) submitted to City in response to City's Notice Inviting Bid for the Project, which shall all be referred to collectively hereinafter as the “Contract Documents.” The Contractor’s Proposal and City’s Notice Inviting Bid, which are both attached hereto as Exhibit “A” and Exhibit “B,” respectively, are hereby incorporated by reference and are made a part of this Agreement. All provisions of this Agreement, the Contractor’s Proposal, and the City’s Notice Inviting Bid, including the City’s Project Specifications, shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms and conditions of this Agreement; (2nd) the terms, conditions, requirements, and provisions of the City’s Notice Inviting Bid (Exhibit “B”); and (3rd) the provisions of the Contractor’s Proposal (Exhibit “A”).
1.3 Compliance with Law. Contractor shall comply at all times during the term of this Agreement with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable fair labor standards and Cal/OSHA regulations and requirements. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of the Work and Services, including all Cal/OSHA regulations and requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with performing the Work and Services. If Contractor performs any Work or Services in violation of such laws, rules, and regulations, Contractor shall be solely responsible for all penalties and costs arising therefrom. Contractor shall defend, indemnify, and hold City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.
1.4 Licenses, Permits, Fees, and Assessments. Prior to performing any Services or Work hereunder, Contractor shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its trade and perform the Work and Services required by this Agreement. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Contractor to perform the Work and Services under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Work and Services required by this Agreement, and Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to obtain such licenses, permits, and approvals of whatever nature that are legally required to perform the Work or Services.
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1.5 Familiarity with Work. By executing this Agreement, Contractor represents and warrants that it (a) has thoroughly investigated and considered the Scope of Work or Services to be performed, (b) has carefully considered how the Services should be performed and has carefully examined the location or locations at or with respect to where such Services or Work is to be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor represents and maintains that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Contractor discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City.
1.6 Care of Work. Contractor shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in Contractor’s Proposal/Scope of Work (Exhibit “A”) or to make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Contractor, incorporating therein any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Contractor. It is expressly understood by Contractor that the provisions of this section shall not apply to the Work and Services specifically set forth in the Contractor’s Proposal/Scope of Work or reasonably contemplated therein, regardless of whether the time or materials required to complete any Work or Services identified in the Contractor’s Proposal/Scope of Work exceeds any time or material amounts or estimates provided therein.
1.9 Prevailing Wages. The City has determined that the Work and Services under this Agreement requires work of labor categories which are subject to Prevailing Wage Laws identified in the State of California Labor Code. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects.
Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non4.8.a Packet Pg. 222 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for 5 1695081.1
payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its elected and appointed officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. Contractor understands and agrees to comply with the following California Labor Code compliance conditions [Labor Code Sections 1720 et seq., 1813, 1860, 1861, 3700]:
1.9.1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Contractor agree to be bound by all the provisions thereof as though set forth in full herein.
1.9.2. Contractor shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement.
1.9.3. Contractor agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (h are on file with City, and are available to any interested party upon request. A copy of said rates shall be posted at each job site during the Term of this Agreement.
1.9.4. Pursuant to California Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices as prescribed by DIR regulations and furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).
1.9.5. Contractor shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
1.9.6. Contractor shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
1.9.7. Eight (8) hours of labor shall constitute a legal day’s work for all workmen employed in the execution of this Agreement, and the Contractor and any subcontractor shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. Contractor shall comply with the provisions of California Labor Code Section 1813
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concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. (See, e.g., Cal. Labor Code §1815.)
1.9.8. Pursuant to California Labor Code Sections 1860 and 3700, Contractor will be required to secure the payment of compensation to its employees. By signing this Agreement, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
1.9.9. Pursuant to California Labor Code Section 1771.1, Contractor and any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the DIR and qualified to perform public work pursuant to California Labor Code Section 1725.2. It is not a violation of California Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by California Business and Professions Code Section 7029.1 or by California Public Contract Code Section 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor shall not perform any work under this Agreement with any subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
1.10 Water Quality Management and Compliance.
1.10.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during performance of the Services or Work. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its bid or proposal accordingly, and assumes any and all risks and liabilities associated with and arising therefrom.
1.10.2 Compliance with Water Quality Laws, Ordinances, and Regulations.
Contractor shall keep itself and any subcontractors, staff, agents, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by, the performance of the Services or Work, including, without limitation, all applicable provisions of: the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal. Water Code § 1300 et seq.); and any and all regulations, policies, or permits issued
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pursuant to any such authority. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local or state agency having jurisdiction over the location where the Services or Work are to be performed, conducted, or provided, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.
1.10.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances, and regulations listed in subsection 1.10.2, Contractor shall comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the City of Laguna Hills Local Implementation Plan (“LIP”), and the applicable Water Quality Management Plan (“WQMP”). Such documents contain the Model Maintenance Procedures with Best Management Practices (“BMPs”). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dryweather urban runoff, storm water runoff, and receiving water quality. Contractor hereby acknowledges and agrees to be familiar with the DAMP, the LIP, and the WQMP, and agrees to comply with the requirements specified therein.
1.10.4 Standard of Care. Contractor represents and warrants that all employees and subcontractors performing any Services or Work hereunder shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies described in Sections 1.10.2 and 1.10.3 of this Agreement. Contractor further represents and warrants that it, its employees and subcontractors will receive appropriate training regarding the requirements of the laws, regulations, and policies described in subsections
1.10.2 and 1.10.3 of this Agreement as they may relate to the Services.
1.10.5 Liability for Water Quality Non-Compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in subsections 1.10.2 and 1.10.3 of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its elected and appointed officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its elected and appointed officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in subsections 1.10.2 and 1.10.3 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole negligence, willful misconduct or active negligence of the City, its elected and appointed officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Contractor for delay in completing the Services caused by Contractor’s failure to comply with the laws, regulations, and
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policies described in subsections 1.10.2 and 1.10.3 of this Agreement, or any other relevant water quality law, regulation, or policy.
1.11 Intentionally omitted.
1.12 Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Contractor further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation/Fees/Hourly Rates/Unit Prices set forth in Contractor’s Proposal/Scope of Work, but not exceeding the total annual maximum contract amount of Two Hundred Fifty Thousand dollars and no cents ($250,000.00) (hereinafter referred to as the "Maximum Contract Amount"), except as may be provided pursuant to Section 1.8 above and Section 2.4 below. Compensation shall be payable according to the fees and at the rates, charges and unit prices set forth in Exhibit “A” attached hereto. The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.
2.2. Method of Payment. Unless some other method of payment is specified in the Contractor’s Proposal/Scope of Work (Exhibit “A”), in any month in which Contractor wishes to receive payment, no later than the 10th working day of such month, Contractor shall submit to the City, in a form approved by the City’s Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the Work or Services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Contractor within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical.
2.3 Intentionally omitted.
2.4 Changes in Scope. In the event any change or changes in the Scope of Work or Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional fees for services. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional work or services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.
2.5 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Laguna Hills City Council for each fiscal year covered by the term of
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this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance set forth in Contractor's Proposal/Scope of Work (Exhibit “A”).
3.2 Schedule of Performance. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services or Work within the time period(s) established in the Schedule of Performance set forth in Contractor's Proposal (Exhibit “A”). When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant such an extension.
3.3 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and shall continue in full force and effect for a period of one (1) year, commencing on May 14, 2024 and ending on May 13, 2025.
3.4 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, pandemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Contractor, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this section.
3.5 Task Orders. Contractor hereby agrees and acknowledges that any and all Services or Work performed pursuant to this Agreement shall be based upon the prior issuance of a written project Task Order by the City. Furthermore, Contractor hereby agrees and acknowledges that execution of this Agreement by the City does not in any way guarantee that a Task Order will be issued to Contractor. Moreover, execution of this Agreement by the City shall not entitle Contractor to any form of payment or compensation from the City without City first having issued a project Task Order.
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4. COORDINATION OF WORK
4.1 Representative of Contractor. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the Services to be performed under this Agreement and to make all decisions in connection therewith: John R. Alvarado, President. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Work or Services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Contractor’s responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Services required without prior written consent of City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability hereunder without the express written consent of City.
4.4 Independent Contractor.
4.4.1. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Contractor a City employee. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Contractor will determine the
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means, methods and details of performing the Services subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents and volunteers shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement.
Contractor, its officers, employees, or agents shall not maintain a permanent office or fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor’s officers, employees, representatives or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.
4.4.2. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.
4.4.3. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with the performance of any Work or Services under this Agreement. Except for fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing any services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Contractor’s officers, employees, representatives, subcontractors, or agents, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations.
4.5 PERS Eligibility Indemnification.
4.5.1 In the event that Contractor or any employee, agent, or subcontractor of Contractor providing any Work or Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
4.5.2 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing any Work or Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
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5. INSURANCE
5.1 Compliance with Insurance Requirements. Contractor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Contractor shall not commence any Work or Services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor’s existing insurance policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
5.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Contractor shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:
5.2.1 Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance written on an occurrence basis with limits of at least two million dollars ($2,000,000.00) per occurrence, five million dollars ($5,000,000.00) in the general aggregate, and two million dollars ($2,000,000.00) for products and completed operations. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
5.2.2 Automobile Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance written on a per occurrence basis with limits of at least two million dollars ($2,000,000.00) combined limit for each occurrence covering bodily injury and property damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.
5.2.3 Workers’ Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.
5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI), by the latest edition of A.M. Best’s Key Rating Guide,
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except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
5.4 Insurance Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
5.4.1 The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:
(A) Additional Insured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and
(B) Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Contractor, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
(C) Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Consultant’s failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice.
5.4.2 For all policies of Commercial General Liability Insurance, Contractor shall provide endorsements for ongoing operations and completed operations to effectuate this requirement.
5.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance and shall protect the City, its officials, officers, employees, agents and volunteers, in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
5.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or
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volunteers, shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
5.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.
5.8 Evidence of Coverage. Concurrently with the execution of the Agreement, Contractor shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Contractor shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage.
5.9 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
5.10 Enforcement of Agreement (Non-Estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any non-compliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.
5.11 Insurance for Subconsultants. Contractor shall include all subconsultants or subcontractors engaged in any Work or Services for Contractor relating to this Agreement as additional named insureds under the Contractor’s insurance policies, or Contractor shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Contractor’s subconsultants or subcontractors performing any Work or Services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and
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volunteers, as additional insureds. Contractor shall not allow any subconsultant or subcontractor to commence any Work or Services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.
5.12 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Contractor pursuant to this Agreement:
5.12.1 Contractor shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.
5.12.2 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
5.12.3 None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.
5.12.4 Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
5.12.5 Contractor agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.
5.12.6 Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor arising out of the Work or Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.
6. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify, protect, and hold
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harmless City, the Orange County Transportation Authority, the County of Orange, and each entity’s respective officials, officers, employees, agents and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, or from any violation of any federal, state, or local law or ordinance, which Claims arise out of, pertain to, or are related to Contractor’s performance under this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless and indemnify the City, its elected and appointed officials, officers, employees, agents and volunteers, shall not apply to the extent that such Claims arise out of, pertain to, or are related to the sole negligence or willful misconduct of the City.
7. REPORTS AND RECORDS
7.1 Accounting Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subconsultants, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. Contractor shall ensure that all of its subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
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7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor without City’s prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, the or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of five (5) years from the date of final payment by City hereunder, or completion of any audits by City or the Orange County Transportation Authority, or after final payment of debt service where local fair share reveneues were pledged, whichever is longer.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Termination. City may terminate this Agreement for any reason, with or without cause, upon giving Contractor thirty (30) days written notice. Upon such notice, City shall pay Contractor for Services performed through the date of termination. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination.
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8.4 Default of Contractor.
8.4.1. Contractor’s failure to comply with any provision of this Agreement shall constitute a default.
8.4.2. If the City Manager, or the City Manager’s designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance.
In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 8.3.
8.4.3. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Contractor shall not limit Contractor’s liability for completion of the Services as provided herein.
8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.
8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
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8.8 Attorneys’ Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of any state statute or regulation. Contractor represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor represents and warrants that it will not discriminate against any employee or applicant for employment because of race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Notices or other communications shall be addressed as follows:
4.8.a
Packet Pg. 237 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for 20 1695081.1
To City: City of Laguna Hills
Attention: City Manager
24035 El Toro Road
Laguna Hills, California 92653
Telephone: (949) 707-2600
To Contractor : G2 Construction, Inc.
Attention: Eric H. Taylor
Vice President
1352 E. Borchard Ave.
Santa Ana, CA 92705
Telephone: (714) 748-4242
10.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.3 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.4 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.5 Third Party Beneficiary. Nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.
10.6 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.7. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he/she is signing is bound.
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10.8 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
10.9 County of Orange Regional Cooperative Agreement. Contractor previously entered into Contract No. MA-080-20011478 with the County of Orange to furnish and install Trash and Debris Capture Devices (“County Agreement”). Section 15 of the County Agreement establishes a Regional Cooperative Agreement (RCA) that permits non-County public agencies to execute subordinate contracts for the same services during the effective dates of the County Agreement. Under the County Agreement, the RCA terms, conditions, and pricing shall be extended to all subordinate contracts issued. Accordingly, the City intends this Agreement to be consistent with the terms, conditions, and pricing available through the County Agreement, and the City agrees to indemnify and hold harmless the County of Orange from all claims, demand actions, or causes of action of every kind arising out of, or in any way connected with the use of this Agreement. This subsection in no way alters, impairs, or reduces Contractor’s indemnification obligations to the City as required by this Agreement.
[SIGNATURES ON NEXT PAGE]
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Packet Pg. 239 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
ATTEST:
JENNIFER LEE,
City Clerk
APPROVED AS TO FORM:
GREGORY E. SIMONIAN,
City Attorney
1695081.1
"CITY"
CITY OF LAGUNA HILLS,
a California municipal corporation
DA VE WHEELER,
Mayor
"CONTRACTOR"
G2 CONSTRUCTION,
Corpo~
W Alvarado, President
~OJ4.J~
Lydia Alvarado, Treasurer
22 4.8.a
Packet Pg. 240 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for 23 1695081.1
EXHIBIT “A”
CONTRACTOR’S PROPOSAL/ SCOPE OF WORK
DATED: May 3, 2024
SCOPE OF SERVICES FOR PROJECT
INCLUDING,
SCHEDULE OF PERFORMANCE
AND
SCHEDULE OF COMPENSATION/ FEES/ RATES/ UNIT PRICES
4.8.a
Packet Pg. 241 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for DBE, MBE, & SBE Certified
CA Lic. # 801253 – A, C8, C60
1352 E. Borchard Ave.
Santa Ana, CA 92705
www.g2construction.com
714.748.4242
May 3, 2024
Mr. Joe Ames, P.E., T.E.
Public Works Director / City Engineer
24035 El Toro Road
Laguna Hills, CA 92653
SUBJECT: BID PROPOSAL FOR
CPS-Mod™ and ARS-CL™ SCREEN PROJECT, PHASE XII
TRASH AND DEBRIS CAPTURE DEVICES
Dear Mr. Ames,
G2 Construction, Inc. (G2) is very interested in providing services to the City of Laguna Hills for your CPS-Mod™ and ARS-CL™ SCREEN PROJECT, PHASE XII project.
As you know, G2 has fabricated and installed our proprietary devices in the City’s catch basins (CBs) annually since 2009. We have installed our patented ARS-CL™ curb-opening screens in over 515 City CBs and our patented CPS-Mod™ Full Capture Screens over 370 City CBs.
G2 provides a 10-year Warranty to the City for all device installations, and we perform all repairs quickly using our own highly experienced team. Fortunately, our devices rarely need repair because they are made from 304 stainless steel and each device is designed and custom fabricated by G2 to the specific dimensions of each CB. This enables our devices to last much longer than the warranty period.
G2’s personnel work extremely well with the City’s Public Works Supervisor and maintenance team that oversee city streets and CB cleanings. Our devices are compatible with the City’s street sweeping equipment and CB cleaning processes, and easy for maintenance personnel to understand. This provides for fast and effective maintenance. Our strong working relationship with City personnel enables G2’s team to investigate and address minor issues before they develop into a problem.
For compatibility reasons, we believe the City is best served by installing the same state-of-the-art G2 storm water devices as installed in recent projects. Our devices have proven highly effective for the City, and help Laguna Hills meet the California Water Board’s storm water trash regulations. G2 is one of the few companies with Full Capture Systems that are certified by the Water Board.
For these reasons and more, G2 Construction is uniquely qualified to continue providing our proprietary devices and installation services for the City’s Phase XII Screen Project. G2 will provide the full Scope of Services described in the Notice Inviting Bid and Specifications. G2 is willing and able to both sign and comply with the Sample Draft Services Agreement.
1 4.8.a
Packet Pg. 242 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for In addition to working with Laguna Hills, G2 Construction has fabricated and installed almost 34,000 devices for over 52 different municipalities over the past 20 years in California. G2’s patented CPSMod™ and ARS-CL™ devices have been the industry standard for the past 8 years. OC Public Works and OCTA have ranked these G2 screens as the highest scoring Trash Capture Devices in their competitive RFPs, and the most selected devices for their Environmental Cleanup Program Project X annual grants for each of the past 8 years.
Attached, please find the following required documents:
2. (a) a brief description of our Company, (b) the qualifications of our management team, (c) brief biographies of staff, (d) Letters of Recommendation, and (e) Company experience with similar services provided to public agencies.
3. A statement of our Company’s financial condition.
4. A proposed Schedule of Performance
5. An inventory of Company equipment
6. The Bid Proposal pages.
We thank you in advance for the opportunity to work with the City again on this project. Please do not hesitate to contact me with any questions or if additional information is needed.
Sincerely,
Eric H. Taylor, LEED AP BD+C, PMP
VP, Projects Management
G2 Construction, Inc.
714.679.2550 [email protected]
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Packet Pg. 243 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
STATEMENT OF QUALIFICATIONS
Our Team for the City of Laguna Hills project has the expertise and experience needed to meet the City’s scope and objectives. Here is a brief overview of our company's qualifications.
G2 Construction (G2) has fabricated and installed almost 32,000 catch basin inserts and curb opening screen covers since 2002, and 93% of the devices were installed in Orange County or Los Angeles County. G2 has installed in over 50 different Cities on more than 180 separate projects during this time-frame, and completed them on time and on budget.
G2 leads the CB device industry by providing complete solutions - performing project & field reviews, consulting on device solutions, and then Designing, Fabricating, and Installing highly effective devices to meet their regulatory and project needs, and exceed their expectations.
Customer Satisfaction. G2 averages almost 3 different projects per City because most of G2’s municipal customers are repeat customers due to high customer satisfaction. Our customers tell us they like G2’s fast response, quality of field work & communication with inspectors, quality of product, always finishing on time, always finishing on budget, clear project communication and management, ability to design new solutions, reliability, and more.
Engineering Design. G2’s design work has earned two patents for storm water treatment devices with our ARS-CL™ curb opening screen covers and CPS-Mod™ full capture system inserts. By combining our years of experience with computer aided design (AutoCAD), experience fabricating and installing 31,000+ devices, and learning from hundreds of installed projects, G2 is at the forefront of the storm water device industry. Each device is designed and fabricated for the specific catch basin or inlet.
Patented Designs:
Design Collaboration with Engineers. G2 also works with engineering firms to help them with their municipal and private clients.
DESIGN SERVICES
G2 Works with these
Engineering Firms:
John L. Hunter & Assoc,
TRC Solutions,
Michael Baker Int’l, WSP,
Tetra Tech,
CASC Engineering,
Black & Veatch,
Sikand Engineering,
Dokken Engineering,
Forma Engineering,
Sherwood Engineering,
D-Max, Kimley-Horn,
Civil Design, civTEC, GDR
Design, Stantec
G2 Storm Water Device Approvals
• Orange County Public Works (OCPW) : ARS-CL™, CPS-Mod, GITS. OCPW ranks G2’s storm water devices #1 in RFPs (2014-present).
• Orange County Transportation Association (OCTA) awards more grants for G2’s storm water devices than any other vendor (2014-present).
• City of Los Angeles Bureau of Sanitation (LASAN) & Bureau of Engineering (BOS):
o Curb Opening Screen Cover (ARS CL™), Insert (CPS-Mod) • State Water Board - Full Capture System certified: CPS-Mod & GITS • LACDPW : ARS-CL™, CPS-Mod, EDC13 Filter Basket
• Port of San Diego : GITS
• Association of Bay Area Governments (ABAG) Approved products (all) 3 4.8.a
Packet Pg. 244 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for Installation Crews. G2 experienced field and installation technicians make the difference in our success. Safety is always top priority and G2 has an excellent safety record. Our installers have become extremely familiar with all the procedures required for success and project Inspector recognize their skills and habits and continuously provide accolades.
G2’s advanced methodologies for installation have made G2 the industry leader in professional installations of storm water devices. Our installers are of course, paid prevailing wage.
Project Management. G2’s strong project management team and effective procedures ensures that each project is organized and executed as planned. Project Management Institute (PMI) principles are applied to a diverse set of projects. This has enabled G2 to have a 100% rate of success for completing projects on time and within budget.
G2 has developed a high degree of technical expertise in all phases (evaluation, consulting, design, fabrication, installation, reporting) of storm water projects over the years. We have become extremely familiar with all the procedures required for success.
FIELD SERVICES
G2 has designed and fabricated the most advanced stormwater protection devices to solve the needs of public agencies and private developers. Our depth of knowledge and technical experience has been the result of solving many dozens of challenges and constraints found on projects over two decades. This includes, among many others, solving for all the various catch basin types and sizes and conditions that we face in the field. We are continually learning and developing new ideas on projects and from clients.
G2 has developed a high degree of technical expertise by incorporating all phases (evaluation, consulting, design, fabrication, installation, reporting) of stormwater projects over the years. 4 4.8.a
Packet Pg. 245 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for Qualifications - Team Management
Key personnel for the City’s Catch Basin project.
John R. Alvarado
G2 Construction, Inc.
President
Mr. Alvarado started G2 in 2001 and has grown the company to become one of the top storm water device providers in California. With 35 years of construction industry experience, he has a wide range of trade skills including welding, engineering, heavy mechanical steel pipe fabrication, and concrete removal and replacement. He holds CA Contractor licenses as a General Engineering Contractor (A), Welding Contractor (C60), and Concrete Contractor (C-8).
As an entrepreneur Mr. Alvarado is involved in all aspects of G2’s business and oversees daily operations of the team he manages. He leads his team by example in the shop and the field, and has worked with field inspectors and project managers on several hundred jobs.
He is an inventor who developed G2’s patented ARS-CL CamLock Technology™ and co-developed G2’s patented CPS-Mod Modular System™.
As a product designer he uses AutoCAD and Inventor software to generate custom product drawings for clients and engineering reviewers.
John will oversee all aspects of operations.
Mr. Taylor has over 24 years of experience managing projects with proven results in storm water, environmental sustainability, high-tech, and government. He has managed diverse projects for a Fortune 500 company, technology Start-Ups, and government agencies. Since joining G2 in 2012 he’s project managed more than 140 catch basin Insert and Curb Opening Screen Cover projects from start to finish. He has developed G2’s business with over 35 municipalities, Caltrans, and engineering firms; and worked with the California State Water Board to secure Full Capture System certification for G2’s CPS-Mod™ and GITS™ devices. Mr. Taylor is the co-inventor, with Mr. Alvarado, of G2’s patented CPS-Mod Modular System™.
He is a certified Project Management Professional (PMP) and LEED AP BD+C, and has earned MBA (Univ. of Maryland), MA (Univ. of TX), and BA (UC Santa Barbara) degrees.
Eric H. Taylor
G2. VP, Project
Management.
Role: Project Manager
Thien Tran
G2 Construction
Role: Field
Supervisor
Mr. Tran has 9 years of
experience installing G2’s
devices, and 7 years
supervising field installers.
He has managed more than
90 successful CPS-Mod and
ARS-CL projects. He is also
an experienced shop
manager. Thien will oversee
the installation crew for the
project.
He has earned a BS in
Biochemistry from UC
Riverside.
Mr. Alvarado has 8
years of experience as
shop manager, and 5
years supervising field
work. He designs
product drawings using
AutoCAD and Inventor.
Edward will oversee the
shop operations for the
project.
He is finishing a Civil
Engineering degree at
Cal State Fullerton.
Edward Alvarado
G2 Construction
Role: Shop Ops
Manager
5 4.8.a
Packet Pg. 246 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for JOHN R. ALVARADO
714.448.8080
Anaheim, CA [email protected]
PROFESSIONAL EXPERIENCE
G2 Construction, Inc. Santa Ana, CA Sept. 2001 - Present President – Owner -- Founder
Primary responsibilities :
• Management of daily operations for shop fabrication and field operations while ensuring safety and productivity of the Team. Hiring, training, mentorship, leadership, and direction are daily tasks. • Overseeing all areas of the company including Strategy, Sales & Marketing, Financials, Training, etc. • Product Design. Holder of U.S. Patents for G2’s ARS-CL™ and CPS-Mod™ devices.
G2 uses a wide range of trade skills from welding, engineering, heavy mechanical steel piping fabrication, to concrete removal and replacement. G2 teaches and demand safe practices across all Team member activities.
Customer needs drive our products and services, and customer satisfaction is required.
Sims Orange Welding Supplies Santa Ana, CA April 2000 – May 2005 Facilities Operations Manager
DBL Construction, Inc. Anaheim, CA May 1998 – June 2002 Concrete Foreman
Alvarado Concrete Wildomar, CA June 1992 – April 2001
President - Sole-Proprietor
All American Asphalt Corona, CA Sept. 1987 – May 1998
Foreman / Superintendent
Petersen Bros. Santa Ana, CA Jan. 1986 – Sept. 1987
Concrete Mason
US Marine Corps San Diego, CA; San Antonio, TX;
El Toro &Tustin, CA; Okinawa, Japan June 1982 – Jan. 1988
AWARDS / LICENCES / EDUCATION / SKILLS
United State Patent MODULAR CONNECTOR PIPE SCREEN
CPS Modular System
2018 John R. Alvarado;
Eric H. Taylor
United State Patent DRAIN GRATE SYSTEM AND METHOD
ARS CamLock System
2016 John R. Alvarado
CA State Contractor Licenses: #801253 A – General Engineering Contractor C-8 Concrete Contractor
C60 Welding Contractor
Riverside Community College. 1995–97. Construction Major Santa Ana College. 1986–88 Criminal Justice Major / General U.S. Marine Corps Training: Military Police Training & Accident Investigator Skilled and experienced in all welding and cutting using Flame and Plasma applications.
Skilled and experienced in Portland Concrete applications of Decorative and Industrial, and most Roadway Asphaltic applications.
AutoCAD, Inventor, Microsoft Office Word, Excel, PowerPoint 6 4.8.a
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Packet Pg. 248 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services 8 4.8.a
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Packet Pg. 250 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for 10 4.8.a
Packet Pg. 251
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Packet Pg. 252 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for Install Locations (Partial List)
City of Laguna Hills
City of Anaheim
City of Buena Park
City of Cypress
City of Fullerton
City of La Habra
City of Lake Forest
City of Mission Viejo
City of Placentia
City of Seal Beach
City of Santa Ana
City of Tustin
City of Simi Valley
City of Thousand Oaks
Port of San Diego
City of San Diego
City of Oceanside
City of Moreno Valley
Contra Costa County
City of Martinez
City of San Pablo
City of Suisun City
City of Chico
City of Stockton
City of Fairfield
City of Patterson
City of San Mateo
City of Redwood City
CALTRANS
City of Bell
City of Bellflower
City of Brea
City of Calabasas
City of Covina
City of Culver City
City of Diamond Bar
City of Hawaiian Gardens
City of Hawthorne
City of Inglewood
City of Irwindale
City of La Canada Flintridge
City of La Mirada
City of Lakewood
City of Long Beach
City of Los Angeles
Los Angeles County Dept. of Public Works
City of Manhattan Beach
City of Maywood
City of Norwalk
City of Paramount
City of San Gabriel
City of San Marino
City of Santa Clarita
City of Signal Hill
City of South Gate
City of Torrance
City of West Hollywood
Portfolio of Past Work
Completed in Past 10 Years, Since 2012
G2 FABRICATION & INSTALLATION
Catch Basin Inserts & Curb Opening Screen Covers
As of Jan, 2022
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Packet Pg. 253 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for DBE, MBE, & SBE Certified
CA Lic. # 801253 – A, C8, C60
1352 E. Borchard Ave.
Santa Ana, CA 92705
www.g2construction.com
714.748.4242
FINANCIAL CONDITION
May 1, 2024
STATEMENT: G2 Construction, Inc. is an S-Corp. G2 is financially healthy, has little debt, has an abundance of working capital and cash flow to meet all financial needs for this City of Laguna Hills project.
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Packet Pg. 254 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for DBE, MBE, & SBE Certified
CA Lic. # 801253 – A, C8, C60
1352 E. Borchard Ave.
Santa Ana, CA 92705
www.g2construction.com
714.748.4242
SCHEDULE OF PERFORMANCE
May 1, 2024
City of Laguna Hills
CPS-Mod™ and ARS-CL™ SCREEN PROJECT, PHASE XII
TRASH AND DEBRIS CAPTURE DEVICES
Action Time (from signed
contract)
1. Evaluate all catch basins and take detailed
measurements.
3 weeks
2. Fabricate custom CPS-Mod™ & ARS-CL™ 5 weeks
3. Install custom fitted CPS-Mod™ & ARS-CL™ 7 weeks
4. Inspection and sign-off
TOTAL PROJECT (start to finish)
1 weeks
16 WEEKS
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Packet Pg. 255 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for DBE, MBE, & SBE Certified
CA Lic. # 801253 – A, C8, C60
1352 E. Borchard Ave.
Santa Ana, CA 92705
www.g2construction.com
714.748.4242
INVENTORY OF EQUIPMENT
May 1, 2024
• CNC Plasma cutter
• Multicam 3000 Series 5’x10’ water table
• Ermaksan Power Bend 150 ton hydraulic press
• Scotchman 65 ton Iron work
• 250 amp Mig welders
• 200 amp AC/DC Inverter Tig / Stick weld machines
• Arc welder with Flux core
• Air Arc cutting torch
• Portable generators
• Large inventory power tools
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Packet Pg. 256 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for P - 1
1675645.1
CITY OF LAGUNA HILLS
BID PROPOSAL FOR
CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XII
TRASH AND DEBRIS CAPTURE DEVICES
PROPOSAL SUBMISSION REQUIREMENTS
Bidder shall submit the following documents as a part of the submission of the Bid Proposal:
1. A cover letter on Company stationery including the following:
a) An expressed statement of interest in providing services to City for the Project
b) A statement expressing that the Company will provide the full Scope of Services described in the Notice Inviting Bid and Specifications c) A statement of the Company expressing its willingness and ability to sign and comply with the Sample Draft Maintenance Services Agreement d) A brief statement of the Company’s experience which makes them qualified for the Project.
2. Up to ten additional sheets of information identifying:
a) The qualifications of the Company
b) The qualifications of the management staff
c) Brief biographies/résumés of key personnel
d) Letters of Recommendation from current or former clients e) Company experience with similar services provided to public agencies
3. A statement and documentation of the Company’s financial condition.
4. A proposed Schedule of Performance.
5. An inventory of the Bidder’s equipment (excluding hand tools).
6. All the following Bid Proposal pages.
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1675645.1
BIDDER’S NAME:
CITY OF LAGUNA HILLS
BID PROPOSAL FOR
CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XII
TRASH AND DEBRIS CAPTURE DEVICES
TO CITY OF LAGUNA HILLS:
The undersigned CONTRACTOR hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated Project as set forth in the Notice Inviting Bid, Specifications, and Maintenance Services Agreement therefore, and to perform all work in the manner and time prescribed therein.
CONTRACTOR declares that this Bid Proposal is based upon careful examination of the work site, Notice Inviting Bid, Specifications, and Sample Draft Maintenance Services Agreement. If this Bid Proposal is accepted for award, CONTRACTOR agrees to enter into the attached Draft Maintenance Services Agreement with City at the unit and/or lump sum prices set forth in the following Proposal Bid Sheets.
CONTRACTOR understands that a bid is required for the entire work, that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing proposal(s), and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.
CONTRACTOR agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workman’s compensation or to undertake self-insurance in accordance with the provisions of that code, and that the CONTRACTOR will comply with such provisions of that code before commencing the performance of this Contract if awarded to it.
CONTRACTOR certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.
CONTRACTOR declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.
G2 Construction, Inc.
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1675645.1
BIDDER’S NAME:
REFERENCES
The following are the names, addresses, and phone numbers for three public agencies for which CONTRACTOR has current contracts for similar work:
1. Agency: _______________________________________________________ Address: _______________________________________________________ Telephone: _____________________________________________________ Primary Contact Person/Title: _______________________________________ Years of service with this Agency: _______ Type of Work: __________________ Term of Agreement: _______________ Expiration Date: __________________
2. Agency: _______________________________________________________ Address: _______________________________________________________ Telephone: _____________________________________________________ Primary Contact Person/Title: _______________________________________ Years of service with this Agency: _______ Type of Work: __________________ Term of Agreement: _______________ Expiration Date: __________________
3. Agency: _______________________________________________________ Address: _______________________________________________________ Telephone: _____________________________________________________ Primary Contact Person/Title: _______________________________________ Years of service with this Agency: ________ Type of Work: _________________ Term of Agreement: _______________ Expiration Date: __________________ Continued next page
G2 Construction, Inc.
City of Mission Viejo
CPS-Mod and ARS-CL Installs
City of Bellflower
16600 Civic Center Dr, Bellflower, CA 90706
562-804-1424
Len Gorecki, Assistant City Manager / Director PW
CPS-Mod Installations
1 year
4 Jan. 23, 2025
1 year April 23, 2024
200 Civic Center, Mission Viejo, CA 92691
(949) 470-3056
Mark Chagnon, Director of Public Works
8 City of San Marino, Public Works
2200 Huntington Drive, San Marino, CA 91108
Amber Shaw, Public Works Director
3 CPS-Mod and ARS-CL Installs
1 year
(626) 300-0793
Jan. 26, 2025
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1675645.1
BIDDER’S NAME___________________
CITY OF LAGUNA HILLS
PROPOSAL BID SHEETS FOR
CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XII
TRASH AND DEBRIS CAPTURE DEVICES
ITEM
NO. ITEM UNIT QUANTITY
UNIT
PRICE AMOUNT
1 Clearing and Grubbing including
Mobilization LS 1
2 Catch Basin & Inlet Cleaning LS 1
3 Traffic Control LS 1
4 G2 CPS-Mod™ Full Capture
System. 304 SS. Design, fabricate
& install. Up to 6 SF each.
EA 23
5 G2 CPS-Mod™ Full Capture
System. 304 SS. Design, fabricate
& install. Up to 9 SF each.
EA 50
6 G2 CPS-Mod™ Full Capture
System. 304 SS. Design, fabricate
& install. Up to 11 SF each.
EA 2
7 Extra Bracing G2 CPS-Mod™ EA 10
8 Custom Catch Basin Preparation
G2 CPS-Mod™ EA 8
9 G2 ARS-CL™ -5 Debris Gate - 304
SS; custom design, fabricate &
install. 3.1’ - 5' variable width, 1
screen each.
EA 4
10 G2 ARS-CL™ -7 Debris Gate - 304
SS; custom design, fabricate &
install. 5.1’ - 7’ variable width, 2
screens each.
EA 2
11 G2 ARS-CL™ -10 Debris Gate -
304 SS; custom design, fabricate &
install. 7.1 - 10’ variable width, 2
screens each.
EA 3
/
/
/
Continued Next Page
G2 Construction, Inc.
$ 3,750. $ 3,750.
$12,294. $12,294.
$ 9,708. $ 9,708.
$ 1,284. $29,532.
$ 1,524. $76,200.
$ 1,718. $ 3,436.
$ 321. $ 3,210.
$ 350. $ 2,800.
$ 1,435. $ 5,740.
$ 2,516. $ 5,032.
$ 2,762. $ 8,286.
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12 G2 ARS-CL™ -14x Debris Gate -
304 SS; custom design, fabricate &
install. 10.1’ -14’ variable width, 4
screens each. Extra support bolt.
EA 5
13 G2 ARS-CL™ -21x Debris Gate -
304 SS; custom design, fabricate &
install. 16.1’ -21’ variable width, 6
screens each. Extra support bolt.
EA 2
14 G2 ARS-CL™ -28x Debris Gate -
304 SS; custom design, fabricate &
install. 21.1’ -28’ variable width, 8
screens each. Extra support bolt.
EA 3
15 G2 ARS-CL™ -35x Debris Gate -
304 SS; custom design, fabricate &
install. 28.1’-35’ variable width, 10
screens each. Extra support bolt.
EA 3
TOTAL BID IN FIGURES $
TOTAL BID IN WORDS: ______________________________________ dollars and ______ cents.
BID PROPOSAL
IN WITNESS WHEREOF, Contractor executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this ______day of ___________, 2024.
NOTE: The estimated quantities listed in the Proposal Bid Sheet(s) are supplied to give an indication of the general scope of the work, but the accuracy of these figures is not guaranteed and the bidder shall make his own estimates from the drawings, plans or tables identifying the work. In case of a variation between the unit price and the totals shown by the bidder, the unit price will be considered to be the bid. Except where a lump sum is requested, in the case of a variation between the unit price and the total(s) shown by the bidder, the unit price will be used to calculate the total for the item based on the number of units involved in the item. The Agency reserves the right to change quantities. Upon completion of the construction, if the actual quantities show either an increase or decrease from the quantities given in the Proposal Bid Sheet(s), the Contract Unit Price will prevail.
Increases or decreases in quantities shall not be subject to Section 7-3.5.2 or 7-3.5.3 of the Standard Specifications. Full compensation to be paid will be the contract price for the actual work completed, and no additional compensation will be allowed therefor. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract, this includes rejected material not unloaded from vehicles.
/
/
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$ 4,426. $22,130.
$ 6,473. $12,946.
$ 8,256. $24,768.
$10,056. $30,168.
$250,000.00
Two hundred fifty thousand zero
3rd May
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EXHIBIT “B”
CITY OF LAGUNA HILLS
NOTICE INVITING BID FROM G2 CONSTRUCTION, INC.
FOR
CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XI
TRASH AND DEBRIS CAPTURE DEVICES
___________________________________________________________________ DATED: APRIL 25, 2024
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CITY OF LAGUNA HILLS
CALIFORNIA
NOTICE INVITING BID FROM G2 CONSTRUCTION, INC.
FOR
CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XII
TRASH AND DEBRIS CAPTURE DEVICES
Issued: April 25, 2024
Bid Opening: May 9, 2023 at 4:00 pm
CITY OF LAGUNA HILLS
24035 EL TORO ROAD
LAGUNA HILLS, CA 92653
(949) 707-2651
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CITY OF LAGUNA HILLS
CALIFORNIA
NOTICE INVITING BID
FROM G2 CONSTRUCTION, INC.
FOR
CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XII
TRASH AND DEBRIS CAPTURE DEVICES
Prepared under the Supervision of and Approved by:
April 25, 2024
Joseph J. Ames, P.E., T.E. Date
Public Works Director/City Engineer
R.C.E. No. 66999
Expires 09/30/24
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CITY OF LAGUNA HILLS
TABLE OF CONTENTS
FOR
CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XII
TRASH AND DEBRIS CAPTURE DEVICES
NOTICE INVITING SEALED BID NB
INSTRUCTIONS TO BIDDERS IB
GENERAL PROVISIONS
Agreement GP-1
Conflicts
Bid Proposal
Award of Sample Draft Maintenance Services Agreement
Term/Extension GP-2
Method of Payment
Prevailing Wages
Emergency Numbers GP-3
Licenses
Dress Code and Appearance
Interaction with the Public
City’s Right to do Work GP-4
City Liaison
Specifications and Plans
Communications
Scheduling of Operations
Reports and Schedules
Contractor Neglect GP-5
Safety
Construction Equipment
Noise Control Requirements
Water Quality and Conservations
PROPOSAL DOCUMENTS
Proposal P-1
Contractor’s Licensing Statement P-4
References P-5
Proposal Bid Sheets P-6
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SPECIAL PROVISIONS
General SP-1
Scope of Work
Traffic Control
Cooperation and Collateral Work SP-2
Changes in Work
Storage in Public Streets Prohibited
Payroll SP-3
Insurance
Safety SP-9
SAMPLE DRAFT MAINTENANCE SERVICES AGREEMENT APPENDIX I
CITY GRANT APPLICATION TO OCTA DEBRIS GATES/SCREENS APPENDIX II
PHASE XII
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CITY OF LAGUNA HILLS
NOTICE INVITING SEALED BID FROM G2 CONSTRUCTION, INC. FOR CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XII
TRASH AND DEBRIS CAPTURE DEVICES
NOTICE IS HEREBY GIVEN that the City of Laguna Hills (hereinafter referred to as “City” or “Agency”) invites G2 Construction, Inc. (hereinafter referred to as “G2,” “Bidder,” or “Contractor”) to submit a bid for furnishing all materials, equipment, tools, labor, and incidentals as required for the above stated Project in accordance with this Notice Inviting Bid, Specifications and Sample Draft Maintenance Services Agreement on file in the City Clerk’s Department of the City of Laguna Hills.
The bid shall be received by the City Clerk at the City of Laguna Hills by 4:00 pm on May 9, 2024. The bid shall be submitted in sealed envelopes marked on the outside, “SEALED BID FOR CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XII, TRASH AND DEBRIS CAPTURE DEVICES - DO NOT OPEN WITH REGULAR MAIL.”
G2 previously entered into Contract No. MA-080-20011478 with the County of Orange to furnish and install Trash and Debris Capture Devices (“County Agreement”). Section 15 of the County Agreement establishes a Regional Cooperative Agreement (RCA) that permits non-County public agencies to execute subordinate contracts for the same services during the effective dates of the County Agreement, which, at the time of issuing this Notice Inviting Bid, is effective through June 30, 2025. Under the County Agreement, the RCA terms, conditions, and pricing shall be extended to all subordinate contracts issued, including the Sample Draft Maintenance Services Agreement if awarded by the City to G2. Accordingly, G2’s Bid Proposal must be consistent with the terms, conditions, and pricing available through the County Agreement.
The City seeks to retain a bid from G2 demonstrating its ability to provide trash and debris capture devices (specifically CPS-MOD™ & ARS-CL™ Screens), which work includes, but is not limited to, clearing and grubbing, mobilization, traffic control, catch basin cleaning, fabrication and installation of proprietary Connector Pipe Screens and Automatic Retractable Screens (the “Project”), all in accordance with the Bid Proposal. If the Bid Proposal is satisfactory to the City and meets the qualifications set forth herein, the City intends to recommend the City Council award a proposed Maintenance Services Agreement to G2 in accordance with Laguna Hills Municipal Code section 3-08.110, Exceptions to Purchasing Requirements, for reasons that include, but are not limited to:
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1. The goods and supplies, equipment, materials, and contract services are of a unique, sole source nature because of their quality, durability, availability, or fitness for a particular use and are available only from G2.
2. The goods and supplies, equipment, materials, or nonprofessional services are proprietary. Specifically, G2’s CPS-MOD™ & ARS-CL™ Screens are unique and proprietary products that are only available from G2 and fit within the City’s existing infrastructure.
3. A specific make, model, or brand is necessary to match existing City equipment or to facilitate the continuity of effective maintenance and support. The CPS-MOD™ & ARSCL™ Screens are compatible with, and are an integral component of, the City’s existing infrastructure, and the continued use of the screens would facilitate the continuity of effective maintenance and support of its trash and debris capture devices.
At the time of award of the proposed Maintenance Services Agreement, G2 shall possess a State of California Contractor’s License as appropriate for the performance of the work herein described. The City requires either the State Compensation Insurance Fund or a carrier rated B+ or above for Workers’ Compensation Insurance.
The City has determined that the work or services contemplated herein are Public Works as defined in the State of California Labor Code; therefore, such work or services shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). The applicable prevailing wage determination(s) may be obtained online at (http://www.dir.ca.qov/OPRUDPreWaqeDetermination.htm), are on file with City, and are available to any interested party upon request. It is the Bidder’s sole responsibility to incorporate the cost of complying with all prevailing wage and labor compliance requirements and all applicable laws for this Project.
A contractor or subcontractor will not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The Bidder and its subcontractors of any tier, if any, shall maintain active registration with DIR, as appropriate, for the duration of this Project.
If awarded, the Contractor shall enter into the City's Maintenance Services Agreement, which includes provisions regarding Prevailing Wages, including, but not limited to: “Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of
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CITY OF LAGUNA HILLS
INSTRUCTIONS TO BIDDERS
FOR
CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XII
TRASH AND DEBRIS CAPTURE DEVICES
1. BID PROPOSAL FORMS
Bid Proposal(s) shall be submitted in writing on the Bid Proposal forms provided by the City. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The City will not consider any submission not meeting these requirements.
2. RESERVED
3. PROPOSAL BID SHEET
Contractor shall give unit prices for each and all of the items set forth. No aggregate proposal(s) will be considered. The Contractor shall set forth for each item of work, in clearly legible figures, a unit item price and a total for the item in the respective spaces provided for this purpose. The quantities listed in the Bid sheets are supplied to give an indication of the general scope of work, but the accuracy of figures is not guaranteed and may change over the duration of the Project. Contractor shall make its own estimates as to the extent of the work. In case of a variation between the unit price and the totals shown by the Contractor, the unit price will be considered to be the bid.
4. DELIVERY OF BID PROPOSAL
Bid Proposals may be mailed or delivered in person. Note that during the Covid-19 Pandemic, City Hall offices may be closed and unable to accept express or messenger services deliveries on a timely basis. However, it is the Contractor’s sole responsibility to ensure delivery of the proposal to the hands of the City Clerk by the date and time required in the Notice Inviting Sealed Bid. In person drop off of Bids will be accepted beginning one hour prior to the Bid Opening date and time set forth in the Notice Inviting Bid. Call to arrange acceptance of Bids at other times at (949) 707-2651.
Sealed bids or proposals shall be submitted to the office of the City Clerk or requesting city department and shall be identified as formal competitive bids or proposals on the outside of the sealed envelope. The City Clerk or requesting city department head shall store all sealed bids in a secure location until opening.
5. IRREGULAR BID PROPOSALS
Unauthorized conditions, limitations, or provisions attached to a Bid Proposal will render it irregular and may cause its rejection. The completed Bid Proposal forms shall be
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without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered.
6. TAXES
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable.
7. DISQUALIFICATION OF CONTRACTORS
In the event that any Contractor acting as a prime Contractor has an interest in more than one proposal, all such proposals will be rejected, and the Contractor will be disqualified.
This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one. No Agreement will be executed unless the Contractor is licensed in accordance with the provisions of the State Business and Professions Code.
8. INTERPRETATION OF DOCUMENTS
If any person/company/corporation contemplates submission of a Bid Proposal for the proposed Project and is in doubt as to the true meaning of any part of the specifications or other proposed documents, or finds discrepancies in, or omissions from the specifications, they may submit to the City a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The City will not be responsible for any other explanation or interpretations of the proposed documents. Contractor shall field review the site of the Project and completely familiarize themselves with all of the work necessary to complete the Project as described in the Specifications.
9. ADDENDA OR BULLETINS
The effect of all addenda to the Documents shall be considered in the Bid Proposal, and said addenda shall be made a part of these documents and shall be returned with them.
Before submitting its Bid Proposal, each Contractor shall inform themselves as to whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued, may render its bid irregular and may result in its rejection by the City.
10. LEGAL RESPONSIBILITIES
All Bid Proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to Bid Proposal(s) for contracts of this nature whether the same are expressly referred to herein or not.
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Any Contractor submitting a Bid Proposal shall by such action thereby acknowledge they have visited the full limits and extent of the work site and agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Notice Inviting Bid, Specifications and Sample Draft Maintenance Services Agreement, which is subject to change upon final, and to full compliance therewith.
11. AWARD OF MAINTENANCE SERVICES AGREEMENT
Following a review of the Bid Proposal(s), the City shall determine whether to select the Contractor for the Project based upon multiple criteria described herein. The City shall determine whether to award the proposed Sample Draft Maintenance Services Agreement, which is subject to change upon final, in accordance with the following provisions of the LHMC:
3-08.110 Exceptions to purchasing requirements.
The procurement policies and procedures set forth in Sections 3-08.070, 3-08.080, 3-08.090 and 3-08.150 need not be followed, may be dispensed with, and are not applicable, irrespective of their estimated value, when the City Council or Purchasing Officer find and determine that the following situations, purchases, procurements or contracts apply, but are otherwise subject to the purchasing limitations set forth in this code:
A. When goods and supplies, equipment, materials, or contract services are of a unique, sole source nature because of their quality, durability, availability, or fitness for a particular use and are available only from one source. A sole source procurement is a procurement where only one source is practicably available for the type of procurement required; B. When the goods and supplies, equipment, materials, or nonprofessional services are proprietary. A proprietary procurement is a procurement where the desired good or service must be restricted to one manufacturer because the good or service is compatible with or is an integral component of existing equipment or products, is necessary to support a specific need of a program, is covered by patent or copyright, must yield absolute continuity of results, or is one with which a user has extensive experience and the use of any other similar good or service would require considerable reorientation and training. Under such circumstances, an equitable evaluation of comparable goods or services should be made showing that rejection of other goods or services is based solely on their failure to meet that need; …” F. When a specific make, model, or brand is necessary to match existing city equipment or to facilitate the continuity of effective maintenance and support; J. When, in the opinion of the City Council, it is determined that compliance with the procurement policies, procedures and/or requirements is not in the best interest of the city; At the time of award of the proposed Sample Draft Maintenance Services Agreement (Appendix I), which is subject to change upon final, the selected Bidder shall hold a Contractor’s License or a combination of licenses, as appropriate to perform the work,
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issued by the State of California. Additionally, the City reserves the right to accept any bid or portion thereof, to waive any irregularity, and to take the Bid Proposal(s) under advisement for the period of time of ninety (90) days all as may be required to provide for the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Contractor to whom the award is contemplated. No Contractor may withdraw its Bid Proposal for a period of ninety (90) days after the time set for opening thereof. Contractor shall be required to agree to the terms of the attached (see Appendix I) Sample Draft Maintenance Services Agreement, which is subject to change upon final.
12. WORKERS’ COMPENSATION CERTIFICATE
Section 3700 of the State Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self-insure from the State Director of Industrial Relations. In accordance with this Section and with Section 1861 of the State Labor Code, the Contractor shall sign a Compensation Insurance Certificate which is included with the attached Sample Draft Maintenance Services Agreement, which is subject to change upon final, and submit same to City along with the other required contract documents, prior to performing any work. Reimbursement for this requirement shall be considered as included in the various items of work.
13. INITIATION OF THE SCOPE OF WORK
Bidder is notified that it is the City’s intent, to the maximum extent practical, to award the Agreement for this Notice Inviting Bid and Specifications for CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XII, Trash and Debris Capture Devices such that the Contractor shall begin work as soon as possible for the term as set forth in the Sample Draft Maintenance Services Agreement.
14.COUNTY OF ORANGE REGIONAL COOPERATIVE AGREEMENT
Bidder previously entered into Contract No. MA-080-20011478 with the County of Orange to furnish and install Trash and Debris Capture Devices (“County Agreement”). Section 15 of the County Agreement establishes a Regional Cooperative Agreement (RCA) that permits non-County public agencies to execute subordinate contracts for the same services during the effective dates of the County Agreement, which, at the time of issuing this Notice Inviting Bid, is effective through June 30, 2025. Under the County Agreement, the RCA terms, conditions, and pricing shall be extended to all subordinate contracts issued, including the Sample Draft Maintenance Services Agreement if awarded by the City to Bidder. Accordingly, Bidder’s Bid Proposal must be consistent with the terms, conditions, and pricing available through the County Agreement.
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CITY OF LAGUNA HILLS
GENERAL PROVISIONS
FOR
CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XII
TRASH AND DEBRIS CAPTURE DEVICES
1. AGREEMENT
The selected company/Contractor, by submitting their bid, is agreeing to enter into the proposed Sample Draft Maintenance Services Agreement (hereinafter “Agreement”), which is subject to change upon final. The Sample Draft Maintenance Services Agreement is attached (see Appendix I).
2. CONFLICTS
In case of any conflict between the Notice Inviting Bid, these Specifications and the Agreement, the Agreement shall take precedence.
3. BID PROPOSAL
The Bidder shall provide bid values for all sections of the Bid Proposal. The Bid Proposal shall provide unit prices for the services as shown on the Bid Schedule consistent with the County Agreement and the OC GO Project X, Environmental Cleanup Program (ECP), Measure M2, Tier 1 Grant Application for the CPS-Mod™ & ARS-CL™ Screen Project, Phase XII, Full-Capture Systems and Curb-Opening Screens (see Appendix II) as described herein in the Scope of Work to include clearing and grubbing, mobilization, traffic control, catch basin cleaning, fabrication and installation of proprietary Connector Pipe Screens and Automatic Retractable Screens (the “Project”), all in accordance with the Bid Proposal. Contractor shall furnish and have accessible all required tools, equipment, apparatus, facilities, skilled labor, services, and material, to perform all work necessary to fabricate and install the CPS-Mod and ARS-CL Screens in accordance with the Proposal and the defined scope of work.
4. AWARD OF MAINTENANCE SERVICES AGREEMENT
Following a review of the Bid Proposal(s), the City shall determine whether to select a qualified Contractor for the Project based upon multiple criteria described herein. The City shall determine whether to award the proposed Sample Draft Maintenance Services Agreement, which is subject to change upon final, for the Bid Proposal in accordance with the LHMC.
The City reserves the right to accept any bid or portion thereof, to waive any irregularity, and to take the Bid Proposal(s) under advisement for the period of time of ninety (90) days all as may be required to provide for the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and
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qualifications of the Company/Contractor to whom the award is contemplated. No Bidder may withdraw its Bid Proposal for a period of ninety (90) days after the time set for opening thereof. Contractor shall be required to agree to the terms of the attached (see Appendix I) Sample Draft Maintenance Services Agreement.
5. TERM/EXTENSION
Unless earlier terminated as provided in the Agreement, the Agreement shall commence upon the effective date of the Agreement and shall continue in full force and effect for a period of one (1) year.
6. METHOD OF PAYMENT
The Contractor shall present, for the previous month, an invoice for the work satisfactorily completed as solely determined by City. Payment will be made monthly only after verification of completion of the scheduled work and any authorized other work. Send monthly invoices to: Director of Public Services, City of Laguna Hills, 24035 El Toro Road, Laguna Hills, CA 92653
7. PREVAILING WAGES
The City has determined that the work or services contemplated herein are Public Works as defined in the State of California Labor Code; therefore, such work or services shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). The applicable prevailing wage determination(s) may be obtained online at (http://www.dir.ca.qov/OPRUDPreWaqeDetermination.htm), are on file with City, and are available to any interested party upon request. It is the Contractor’s sole responsibility to incorporate the cost of complying with all prevailing wage and labor compliance requirements and all applicable laws for this Project.
A contractor or subcontractor will not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The Contractor and its subcontractors of any tier, if any, shall maintain active registration with DIR, as appropriate, for the duration of this Project.
The Agreement includes provisions regarding Prevailing Wages, including, but not limited to: “Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects.
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Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its elected officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.” Additional Prevailing Wage requirements are set forth in more detail as terms and conditions in the Agreement.
8. RESERVED
9. EMERGENCY NUMBERS
The Company/Contractor shall furnish the City with toll-free emergency telephone numbers which can be called 24-hours a day during emergency conditions. The Contractor shall make available personnel to respond to calls to alleviate emergency situations should they arise. Personnel shall be at the site of the emergency and shall initiate remedial action within two (2) hours from time of notification of emergency situations. An answering service is not adequate for emergency calls.
10. LICENSES
The Contractor shall have and maintain a State of California Contractor’s License as appropriate for the work for the duration of these services. Additionally, Contractor shall have and maintain additional licenses as required by any governmental regulation for any other regulated work. There is no City Business License requirement.
11. DRESS CODE AND APPEARANCE
The Company/Contractor shall be required to provide uniforms for personnel assigned to the Project, meeting the City’s approval. Sufficient clothing changes shall be provided to personnel to always present a neat and clean appearance of personnel at all times. All employees working in or around right-of-way must wear reflective safety vests meeting ANSI/ISEA 107-2015 Class II Standards and, as appropriate, safety helmets, safety goggles, and other safety gear.
12. INTERACTION WITH PUBLIC
All of the personnel shall exhibit and practice courteous and ethical behavior during all times of the Agreement and during all interactions with the public to the City’s satisfaction.
All personnel shall be capable of basic communication skills in the English language. Any personnel deemed not meeting the City’s standards shall be promptly removed from the Project.
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13. THE CITY’S RIGHT TO DO WORK
The City reserves the right to do work as required within any work area. If such alterations affect the provision of the Agreement, the Contractor shall submit a cost reduction to the Agreement resulting from the new work.
14. CITY LIAISON
The City representative and the Contractor’s Supervisor will meet on an as needed and requested basis to review the work completed.
15. SPECIFICATIONS AND PLANS
The work performed shall be done in accordance with the General Provisions and Special Provisions. As needed, the work will follow the Standard Specifications for Public Works Construction, latest edition, and/or Caltrans Standards, hereinafter referred to as the Standard Specifications. In case of conflict between the Standard Specifications and the City Specifications, the City Specifications shall take precedence over and be used in lieu of such conflicting portions.
Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Agreement and as defined in Appendix II.
16. COMMUNICATIONS
In addition to emergency telephone access and regularly scheduled meetings, Contractor shall maintain standard office contact methods including telephone, facsimile machine, and U.S. mail. Contractor shall maintain and utilize an email account specific to the City of Laguna Hills. Email shall be the routine communication media for submission of documents, requests, task orders, reports, etc.
17. SCHEDULING OF OPERATIONS/HOLIDAYS
The Contractor shall perform its work at such time as to minimize disturbance or interference to resident convenience, pedestrian or vehicle circulation. Contractor shall not work on City observed holidays, on Saturdays or on Sundays.
18. REPORTS AND SCHEDULES
The Contractor, as part of the Agreement, shall submit reports and schedules on a monthly basis as a pre-requisite for the submission of the Contractor’s monthly request for compensation. Such reports shall include, but are not limited to, the following:
1. Reports of work planned in the next 30-day period.
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2. Any proposals in response to City issued Task Orders or information requests.
3. Any emergency work response in the previous 30-day period.
19. PROTECTION OF EXISTING FACILITIES AND STRUCTURES
The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities both above ground and underground on the City’s property. Any damage to City property deemed by City to be caused by the Contractor’s neglect shall be corrected or paid for by the Contractor at no cost to the City. The requirement below to contact Underground Service Alert 48 hours prior to excavating shall not relieve the Contractor of the above-stated obligation.
If the City requests or directs the Contractor to perform work in a given area, it will be the Contractor’s responsibility to verify and locate any underground systems, i.e., utility lines.
This does not release the Contractor of the responsibility for taking reasonable precaution when working in these areas. Any damage or problems shall be reported immediately to the City.
20. CONTRACTOR NEGLECT
Any damage to City or private property which has been determined by the City to be due to the Contractor’s neglect or actions, shall be corrected by the Contractor at no additional cost to the City.
21. SAFETY
Contractor shall be solely responsible for providing a safe work place, and compliance with standards and regulations of the Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), and any other applicable governmental law.
22. EQUIPMENT
The Contractor shall take all necessary precautions for safe operation of its equipment and the protection of the public from injury and damage from such equipment. All equipment deemed by City to be in disrepair or unsatisfactory, shall be repaired or replaced immediately.
23. NOISE CONTROL REQUIREMENTS
The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances which apply to any work performed pursuant to the Contract. Operations and equipment producing noise are restricted to the hours of 7:00 a.m. to 4:00 p.m. It is
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the responsibility of the Contractor to become familiar with all local sound control and noise level rules, regulations, and ordinances. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the Project without said muffler.
24. WATER QUALITY REQUIREMENTS
Contractor shall be familiar with and comply with all provisions of the National Pollution Discharge Elimination System as implemented by City and via permits issued by the Santa Ana or San Diego Regional Water Quality Control Boards. Contractor shall comply with Stormwater Best Management Practices.
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CITY OF LAGUNA HILLS
BID PROPOSAL FOR
CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XII
TRASH AND DEBRIS CAPTURE DEVICES
PROPOSAL SUBMISSION REQUIREMENTS
Bidder shall submit the following documents as a part of the submission of the Bid Proposal:
1. A cover letter on Company stationery including the following:
a) An expressed statement of interest in providing services to City for the Project
b) A statement expressing that the Company will provide the full Scope of Services described in the Notice Inviting Bid and Specifications c) A statement of the Company expressing its willingness and ability to sign and comply with the Sample Draft Maintenance Services Agreement d) A brief statement of the Company’s experience which makes them qualified for the Project.
2. Up to ten additional sheets of information identifying:
a) The qualifications of the Company
b) The qualifications of the management staff
c) Brief biographies/résumés of key personnel
d) Letters of Recommendation from current or former clients e) Company experience with similar services provided to public agencies
3. A statement and documentation of the Company’s financial condition.
4. A proposed Schedule of Performance.
5. An inventory of the Bidder’s equipment (excluding hand tools).
6. All the following Bid Proposal pages.
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BIDDER’S NAME:
CITY OF LAGUNA HILLS
BID PROPOSAL FOR
CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XII
TRASH AND DEBRIS CAPTURE DEVICES
TO CITY OF LAGUNA HILLS:
The undersigned CONTRACTOR hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated Project as set forth in the Notice Inviting Bid, Specifications, and Maintenance Services Agreement therefore, and to perform all work in the manner and time prescribed therein.
CONTRACTOR declares that this Bid Proposal is based upon careful examination of the work site, Notice Inviting Bid, Specifications, and Sample Draft Maintenance Services Agreement. If this Bid Proposal is accepted for award, CONTRACTOR agrees to enter into the attached Draft Maintenance Services Agreement with City at the unit and/or lump sum prices set forth in the following Proposal Bid Sheets.
CONTRACTOR understands that a bid is required for the entire work, that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing proposal(s), and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.
CONTRACTOR agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workman’s compensation or to undertake self-insurance in accordance with the provisions of that code, and that the CONTRACTOR will comply with such provisions of that code before commencing the performance of this Contract if awarded to it.
CONTRACTOR certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.
CONTRACTOR declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.
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CONTRACTOR acknowledges that it is the City’s intention to award Maintenance Services Agreement for this work at the earliest possible date.
CONTRACTOR acknowledges that the scope and units of work on the Proposal Bid Sheets are approximate descriptions and estimates of work to be performed to complete this Project, that the work shall only be performed in accordance with the Notice Inviting Bid and Specifications.
CONTRACTOR’S NAME:__________________________DATE:______________2024 CONTRACTOR’S ADDRESS:
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ BY
TITLE
(Signature)
PHONE ( ) BY
TITLE
(Signature)
Signatures to be Notarized,
Attach ACKNOWLEDGMENT
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CONTRACTOR’S INFORMATION
CONTRACTOR certifies that the following information is true and correct:
Contractor Name________________________________________________________ Business Address_____________________________________________________ FAX No. (___)_____________ Telephone (___)_____________ E-Mail address:
State Contractor’s License No. and Class __________________________________ Original Date Issued_________________Expiration Date_____________________ Years this Company has been in the Maintenance Business _________________ The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:
The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:
All current and prior DBA’s, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
BY____________________
(Print Name)
____________________
(Signature)
TITLE _____________________
DATE _____________________
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BIDDER’S NAME:
REFERENCES
The following are the names, addresses, and phone numbers for three public agencies for which CONTRACTOR has current contracts for similar work:
1. Agency: _______________________________________________________ Address: _______________________________________________________ Telephone: _____________________________________________________ Primary Contact Person/Title: _______________________________________ Years of service with this Agency: _______ Type of Work: __________________ Term of Agreement: _______________ Expiration Date: __________________
2. Agency: _______________________________________________________ Address: _______________________________________________________ Telephone: _____________________________________________________ Primary Contact Person/Title: _______________________________________ Years of service with this Agency: _______ Type of Work: __________________ Term of Agreement: _______________ Expiration Date: __________________
3. Agency: _______________________________________________________ Address: _______________________________________________________ Telephone: _____________________________________________________ Primary Contact Person/Title: _______________________________________ Years of service with this Agency: ________ Type of Work: _________________ Term of Agreement: _______________ Expiration Date: __________________ Continued next page
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BIDDER’S NAME___________________
CITY OF LAGUNA HILLS
PROPOSAL BID SHEETS FOR
CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XII
TRASH AND DEBRIS CAPTURE DEVICES
ITEM
NO. ITEM UNIT QUANTITY
UNIT
PRICE AMOUNT
1 Clearing and Grubbing including
Mobilization LS 1
2 Catch Basin & Inlet Cleaning LS 1
3 Traffic Control LS 1
4 G2 CPS-Mod™ Full Capture
System. 304 SS. Design, fabricate
& install. Up to 6 SF each.
EA 23
5 G2 CPS-Mod™ Full Capture
System. 304 SS. Design, fabricate
& install. Up to 9 SF each.
EA 50
6 G2 CPS-Mod™ Full Capture
System. 304 SS. Design, fabricate
& install. Up to 11 SF each.
EA 2
7 Extra Bracing G2 CPS-Mod™ EA 10
8 Custom Catch Basin Preparation
G2 CPS-Mod™ EA 8
9 G2 ARS-CL™ -5 Debris Gate - 304
SS; custom design, fabricate &
install. 3.1’ - 5' variable width, 1
screen each.
EA 4
10 G2 ARS-CL™ -7 Debris Gate - 304
SS; custom design, fabricate &
install. 5.1’ - 7’ variable width, 2
screens each.
EA 2
11 G2 ARS-CL™ -10 Debris Gate -
304 SS; custom design, fabricate &
install. 7.1 - 10’ variable width, 2
screens each.
EA 3
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12 G2 ARS-CL™ -14x Debris Gate -
304 SS; custom design, fabricate &
install. 10.1’ -14’ variable width, 4
screens each. Extra support bolt.
EA 5
13 G2 ARS-CL™ -21x Debris Gate -
304 SS; custom design, fabricate &
install. 16.1’ -21’ variable width, 6
screens each. Extra support bolt.
EA 2
14 G2 ARS-CL™ -28x Debris Gate -
304 SS; custom design, fabricate &
install. 21.1’ -28’ variable width, 8
screens each. Extra support bolt.
EA 3
15 G2 ARS-CL™ -35x Debris Gate -
304 SS; custom design, fabricate &
install. 28.1’-35’ variable width, 10
screens each. Extra support bolt.
EA 3
TOTAL BID IN FIGURES $
TOTAL BID IN WORDS: ______________________________________ dollars and ______ cents.
BID PROPOSAL
IN WITNESS WHEREOF, Contractor executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this ______day of ___________, 2024.
NOTE: The estimated quantities listed in the Proposal Bid Sheet(s) are supplied to give an indication of the general scope of the work, but the accuracy of these figures is not guaranteed and the bidder shall make his own estimates from the drawings, plans or tables identifying the work. In case of a variation between the unit price and the totals shown by the bidder, the unit price will be considered to be the bid. Except where a lump sum is requested, in the case of a variation between the unit price and the total(s) shown by the bidder, the unit price will be used to calculate the total for the item based on the number of units involved in the item. The Agency reserves the right to change quantities. Upon completion of the construction, if the actual quantities show either an increase or decrease from the quantities given in the Proposal Bid Sheet(s), the Contract Unit Price will prevail.
Increases or decreases in quantities shall not be subject to Section 7-3.5.2 or 7-3.5.3 of the Standard Specifications. Full compensation to be paid will be the contract price for the actual work completed, and no additional compensation will be allowed therefor. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract, this includes rejected material not unloaded from vehicles.
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Bidder further acknowledges:
Pursuant to Labor Code sections 1775.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.
Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
CONTRACTOR NAME: __________________________
By __________________________
Print
__________________________
Signature
___________________________
Title
Signatures to be Notarized, Attach ACKNOWLEDGMENT
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CITY OF LAGUNA HILLS
SPECIAL PROVISIONS
FOR
CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XII
TRASH AND DEBRIS CAPTURE DEVICES
GENERAL
The Notice Inviting Bid, Information for Bidders, Proposal, General Provisions, Special Provisions, all Appendices and the Sample Draft Maintenance Services Agreement establish the standards and specifications (hereinafter “specifications”) for CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XII, Trash and Debris Capture Devices for the City of Laguna Hills.
The Contractor shall furnish all labor, equipment, materials, tools, services, and special skills required to perform the Project, as set forth in this specification, and in keeping with the highest standards of quality and performance for the bid prices in the Proposal.
SCOPE OF WORK
The Contractor shall maintain a control set of plans and specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as-constructed conditions.
Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement has been met.
The bidder shall examine carefully the entire site of the work (as access permits), including but not restricted to the conditions and encumbrances related thereto, the plans and specifications, and the proposal and contract forms therefore. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of the work to be performed, the quantities of material to be furnished, and as to the requirements of the proposal, plans, specifications, and other contract documents. All work shall comply with the Bid Proposal and in conformance with the City’s OC GO Project X, Environmental Cleanup Program (ECP), Measure M2, Tier 1 Grant Application for the CPS-Mod™ & ARS-CL™ Screen Project, Phase XII, Full-Capture Systems and CurbOpening Screens (see Appendix II).
Traffic Control
Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic at all times and conduct its operation as to cause the least possible obstruction and inconvenience to public traffic. No lane closures on arterial highways will be permitted between the hours of 7:00 a.m. and 9:00 a.m. or 3:30 p.m. to 6:00 p.m. unless an emergency exists and such a closure is necessary to safeguard the traveling public.
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The Contractor shall furnish, erect and maintain such fences, barriers, lights, warning devices and signs in compliance with Part 6 "Temporary Traffic Control" of the current "California Manual of Uniform Traffic Control Devices" (MUTCD-Latest Version) published by the State of California, Department of Transportation, the standards as contain in the "Work Area Traffic Control Handbook" (WATCH-latest edition) published by Building News Inc. or as may be deemed necessary by the Director of Public Services to give adequate warning to the public at all times that the road or street is obstructed and of any abnormal conditions to be encountered as a result thereof. All staff shall, at all times, wear ANSI 107-2015, Class II safety vests.
Cooperation and Collateral Work
The Contractor is advised as to the possibility of other construction projects within the proposed construction zone by the City of Laguna Hills, other governing agencies or private enterprises.
In the event of such projects, the Contractor shall coordinate with the applicable parties as to the extent of any time required to complete their work and shall schedule his work and conduct his operations so as to permit access and time as required for the concurrent work. The Contractor shall immediately notify the Engineer in the event of a delay in scheduling caused solely by this concurrent work. Payment for the above, if any, shall be deemed as included in various items of work, including any delay impacts, as shown on the proposal bid sheet and no additional compensation will be allowed.
Changes in Work
The Agency may change the Plans, Specifications, character of the work, or any quantity of work. The change shall be by written Supplemental Agreement between the Contractor and Agency on Agency’s Contract Change Order form. Change Orders shall be in writing and state the dollar value of the change or establish the method of payment, any adjustment in the Contract time of completion, and when negotiated prices are involved, shall provide for the Contractor’s signature indicating acceptance. Contractor shall not proceed with work without Agency’s written approval.
Storage in Public Streets Prohibited
Contractor is prohibited from storing equipment or materials within a public way, right-of-way, or street. The Contractor may, at his own expense, maintain and operate a work and storage area outside of the public right-of-way. In such case, the Contractor shall submit to Agency written authorization from the owners of the subject property prior to occupation. Occupation of site without written authorization shall be grounds for immediate suspension of work without compensation. Location of site to be approved by Agency. Condition and operation of yard shall conform to these specifications. The Contractor shall assume full responsibility for all damage to the site resulting from his operations and shall repair and/or replace same, at his own expense, to the satisfaction of the owner of the subject property. The Contractor shall vacate site and return it to pre-project condition within five (5) working days following application for Notice of Completion. The Contractor shall obtain a written release from the property owner accepting the condition of the vacated site and releasing the Contractor from any further clean-up or
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restoration work and shall submit a copy of such release to Agency. The Notice of Completion will not be issued until said release is submitted.
Payroll
Contractor shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. Verified payroll records shall be submitted to the City by the tenth day of each month. Progress payments will be withheld pending receipt of any outstanding reports.
Insurance
Compliance with Insurance Requirements
Contractor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required in accordance with the Draft Maintenance Services Agreement. Contractor shall not commence any work or services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor’s existing insurance policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
Types of Insurance Required
As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Contractor shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:
A. Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance (Insurance Services Office form CG 00 01) written on an occurrence basis with limits of at least two million dollars ($2,000,000.00) per occurrence, five million dollars ($5,000,000.00) in the general aggregate, and four million dollars ($2,000,000.00) for completed operations aggregate. Defense costs shall be paid in addition to the limits.
The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
B. Automobile Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance (Insurance Services Office form CA 001) written on a per occurrence basis with limits of at least two million dollars ($2,000,000.00) combined limit for each occurrence covering
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bodily injury and property damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.
C. Workers’ Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.
Acceptability of Insurers
Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Line Insurers (LASLI), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City.
Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
Insurance Endorsements
Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
A. The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:
(1) Additional Insured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and
(2) Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Contractor, or (4) contain any other exclusions contrary to the
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Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
(3) Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Contractor’s failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice.
B. For all policies of Commercial General Liability Insurance, Contractor shall provide endorsements for completed operations to effectuate this requirement.
Deductibles and Self-Insured Retentions.
Any deductible or self-insured retention must be approved in writing by the City in advance and shall protect the City, its officials, officers, employees, agents and volunteers, in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
Primary and Non-Contributing Insurance.
All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
Waiver of Subrogation.
All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subcontractors.
Evidence of Coverage.
Concurrently with the execution of the Agreement, Contractor shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by
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a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Contractor shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage.
Requirements Not Limiting.
Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
Enforcement of Agreement (Non-Estoppel).
Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any non-compliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.
Insurance for Subcontractors.
Contractor shall either: (1) include all subcontractors engaged in any work or services for Contractor relating to this Agreement as additional named insureds under the Contractor’s insurance policies; or (2) Contractor shall be responsible for causing its subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Contractor’s subcontractors performing any work or services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers, as additional insureds. Contractor shall not allow any subcontractor to commence any work or services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subcontractor has secured all insurance required under this section.
Other Insurance Requirements.
The following terms and conditions shall apply to the insurance policies required of Contractor pursuant to this Agreement:
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A. Contractor shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.
B. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
C. None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.
D. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
E. Contractor agrees to ensure that subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.
F. Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor arising out of the work or services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.
Contractor's Liability; City Not Liable; Claims Resolution A. Contractor’s liability. The Contractor shall be responsible for any loss or damage that may occur to:
• The work or any part thereof;
• Any of the materials or other things used or employed in performing the work; • Any injury to any person or persons, either workers or the public; • Any damage to property resulting from any cause which might have been prevented by the Contractor, including defects or obstructions at any time before completion of the work and its final acceptance.
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B. City ordered precautions. If, in the opinion of the City Engineer, the precautions taken by Contractor are not safe or adequate at any time during the term of the Contract, the City Engineer may order the Contractor to take further precautions, and if the Contactor shall fail to do so, the City Engineer may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any moneys due or becoming due the Contractor. Failure of the City Engineer to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety.
C. City not liable. The City shall not be answerable or accountable in which might have been prevented by the Contractor:
• The work or any part thereof;
• Any of the materials or other things used or employed in performing the work; • Any injury to any person or persons, either workers or the public; • Any damage to property.
D. Claims Resolution. From time to time during the period of this contract, the City and/or the Contractor may be served with third-party claims, as a result of alleged conduct by Contractor. The following procedures shall be followed by City and Contractor:
For claims received by Contractor:
(1) Contractor shall provide City on a monthly basis details regarding any claim for damages to persons or property, including, date claim made, date of alleged damages, type of damages, alleged cause of damages and, as claims are resolved, details regarding Contractor’s denial or payment of such claim and the reasons for denial or payment.
(2) Contractor shall resolve or deny any claim received within thirty (30) days of receipt. If Contractor is unable to resolve a claim within the thirty (30) days set forth above, it shall, prior to the expiration of the thirty (30) days request and extension in writing from the City.
For claims received by City:
(1) City shall process any claims received pursuant to Chapter 3-12 (Claims Against the City) of the Laguna Hills Municipal Code.
(2) If after investigation of the claim, the City determines the Contractor is liable under this Contract, City shall tender the claim to the Contractor for proper handling and resolution.
E. Retention of Claimed Damages by City. The City may retain so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City until disposition has been made of such suits or claims for damages aforesaid. /
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Safety
The Contractor shall comply with the provisions of any Agency ordinances or regulations regarding requirements for the protection of excavations and the nature of such protection.
In connection with the performance of this contract, the City shall have the authority to enter the worksite at any time for the purpose of identifying the existence of conditions, either actual or threatened that may present a danger or hazard to any and all employees. The Contractor agrees that the City, in its sole authority and discretion, may order the immediate abatement of any and all conditions that may present an actual or threatened danger or hazard to any and all employees at the worksite.
The Contractor acknowledges the provisions of Section 6400 of the Labor Code, which requires that employees shall furnish employment and a place of employment that is safe and healthful for all employees working therein. In the event the City identifies the existence of any condition that presents an actual or threatened danger or hazard to any or all employees at the work site the City is hereby authorized to order the immediate abatement of that actual or threatened condition pursuant to this section. The City may also, at its sole authority and discretion, issue an immediate stop work order to the Contractor to ensure that no employee working at the worksite is exposed to a dangerous or hazardous condition. Any stop work order issued by the City to the Contractor in accordance with the provisions of this section shall not give rise to any claim or cause of action for delay damages by the Contractor or the Contractor’s agents or subcontractors against the City.
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APPENDIX I
DRAFT MAINTENANCE SERVICES AGREEMENT
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TRASH AND DEBRIS CAPTURE DEVICES MAINTENANCE SERVICES AGREEMENT G2 Construction, Inc.
(CPS-MOD™ & ARS-CL™ Screen Project, Phase XII, Trash and Debris Capture Devices)
THIS TRASH AND DEBRIS CAPTURE DEVICES MAINTENANCE SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective this 28th day of May, 2024, by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California (hereinafter referred to as “City”), and G2 CONSTRUCTION, INC., a California Corporation (hereinafter referred to as “Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”
RECITALS
A. The City has received funds as part of the Orange County Transportation Authority's (OCTA) Measure M2 Project X, Environmental Cleanup Allocation Program (“Program”) with which the City intends to fund the installation of trash and debris capture devices on various catch basin locations in the City during the contract term.
B. As part of the OCTA Program, the City was awarded $200,000.00 in fiscal year 2023-2024.
C. The City has determined that there is a need to retain the services of a qualified maintenance services company capable of manufacturing and installing trash and debris capture devices (specifically, CPS-MOD™ & ARS-CL™ Screens) and performing additional related work including, but not limited to, clearing and grubbing, mobilization, traffic control, catch basin cleaning, fabrication and installation of proprietary Connector Pipe Screens and Automatic Retractable Screens (the “Project”). The City has determined that Contractor’s CPS-MOD™ & ARS-CL™ Screens are unique and proprietary products that are only available from G2 and fit within the City’s existing infrastructure. The CPS-MOD™ & ARS-CL™ Screens are compatible with, and are an integral component of, the City’s existing infrastructure, and the continued use of the screens would facilitate the continuity of maintenance and support of its trash and debris capture devices.
D. Therefore, the City waived formal bidding requirements of the Laguna Hills Municipal Code (LHMC) in awarding this Agreement to Contractor because the goods and supplies, equipment, materials, and contract services are of a unique, sole source nature because of their quality, durability, availability, or fitness for a particular use and are available only from one source (LHMC Section 3-08.110(A)); the goods and supplies, equipment, materials, or nonpforessional services are proprietary (LHMC Section 3-08.110(B)); a specific make, model, or brand is necessary to match existing City equipment or to facilitate the continuity of effective maintenance and support (LHMC Section 3-08.110(F)); and compliance with procurement policies, procedures, and/or requirements is not in the best interest of the City (LHMC Section 3-08.110(J)).
E. Contractor previously entered into Contract No. MA-080-20011478 with the County of Orange to furnish and install Trash and Debris Capture Devices (“County Agreement”). Section 15 of the County Agreement establishes a Regional Cooperative Agreement (RCA) that permits
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non-County public agencies to execute subordinate contracts for the same services during the effective dates of the County Agreement, which, at the time of entering into this Agreement, is through June 30, 2025. Under the County Agreement, the RCA terms, conditions, and pricing shall be extended to all subordinate contracts issued. This Agreement is intended to be consistent with the terms, conditions, and pricing available through the County Agreement.
F. In response to City’s Notice Inviting Bid for CPS-MOD™ & ARS-CL™ Screen Project, Phase XI, Trash and Debris Capture Devices dated April 25, 2024, Contractor has submitted to City a proposal, dated May 9, 2024, which work includes, but is not limited to, clearing and grubbing, mobilization, traffic control, catch basin cleaning, fabrication and installation of proprietary Connector Pipe Screens and Automatic Retractable Screens (specifically CPS-MOD™ & ARS-CL™ Screens), for the Project pursuant to the terms of this Agreement.
G. Contractor represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, labor and equipment, and expertise to provide the requested traffic signal maintenance services and has agreed to provide such maintenance services to City for the Project as provided herein. The City does not have the personnel, specialized equipment, or technical expertise able to perform the work and services contracted for herein. The City does not possess the knowledge, expertise, or skill to control and direct the work necessary for the Project and requires the use of an independent contractor to do so.
H. City desires to retain Contractor to provide such trash and debris gate installation services for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. MAINTENANCE SERVICES
1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Contractor promises and agrees to furnish and install trash and debris capture devices to City for the Project as set forth in Contractor’s Proposal/Scope of Work, dated May 9, 2024, and as set forth in City’s Notice Inviting Bid for CPS-MOD™ & ARS-CL™ Screen Project, Phase XII, Trash and Debris Capture Devices, dated April 25, 2024, which are each attached hereto as Exhibit “A” and Exhibit “B” respectively and are incorporated herein by reference (hereinafter referred to as the “Services” or “Work”). As a material inducement to the City entering into this Agreement, Contractor acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills, equipment, personnel, labor, and abilities and that, consistent with this understanding, Contractor’s Services and Work shall be performed in a skillful and competent manner and shall be held to a standard of quality and workmanship prevalent in the industry for such service and work and with the standards recognized as being employed by contractors in the same discipline in the State of California. Contractor represents and warrants that it is skilled in the discipline necessary to perform the Services and Work and that it holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement. Contractor represents and warrants that it and all of its employees and subcontractors
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providing services under this Agreement shall have sufficient skill and experience to perform the Services and Work assigned to them. All Services and Work shall be completed to the reasonable satisfaction of the City.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) City’s Notice Inviting Bid for CPS-MOD™ & ARS-CL™ Screen Project, Phase XII, Trash and Debris Capture Devices, dated April 25, 2024 (hereinafter referred to as “Notice Inviting Bid”); and, (3) the Contractor’s signed, original Proposal/Scope of Work, dated May 9, 2024 (“Contractor’s Proposal”) submitted to City in response to City's Notice Inviting Bid for the Project, which shall all be referred to collectively hereinafter as the “Contract Documents.” The Contractor’s Proposal and City’s Notice Inviting Bid, which are both attached hereto as Exhibit “A” and Exhibit “B,” respectively, are hereby incorporated by reference and are made a part of this Agreement. All provisions of this Agreement, the Contractor’s Proposal, and the City’s Notice Inviting Bid, including the City’s Project Specifications, shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms and conditions of this Agreement; (2nd) the terms, conditions, requirements, and provisions of the City’s Notice Inviting Bid (Exhibit “B”); and (3rd) the provisions of the Contractor’s Proposal (Exhibit “A”).
1.3 Compliance with Law. Contractor shall comply at all times during the term of this Agreement with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable fair labor standards and Cal/OSHA regulations and requirements. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of the Work and Services, including all Cal/OSHA regulations and requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with performing the Work and Services. If Contractor performs any Work or Services in violation of such laws, rules, and regulations, Contractor shall be solely responsible for all penalties and costs arising therefrom. Contractor shall defend, indemnify, and hold City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.
1.4 Licenses, Permits, Fees, and Assessments. Prior to performing any Services or Work hereunder, Contractor shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its trade and perform the Work and Services required by this Agreement. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Contractor to perform the Work and Services under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Work and Services required by this Agreement, and Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to obtain such licenses, permits, and approvals of whatever nature that are legally required to perform the Work or Services.
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1.5 Familiarity with Work. By executing this Agreement, Contractor represents and warrants that it (a) has thoroughly investigated and considered the Scope of Work or Services to be performed, (b) has carefully considered how the Services should be performed and has carefully examined the location or locations at or with respect to where such Services or Work is to be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor represents and maintains that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Contractor discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City.
1.6 Care of Work. Contractor shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in Contractor’s Proposal/Scope of Work (Exhibit “A”) or to make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Contractor, incorporating therein any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Contractor. It is expressly understood by Contractor that the provisions of this section shall not apply to the Work and Services specifically set forth in the Contractor’s Proposal/Scope of Work or reasonably contemplated therein, regardless of whether the time or materials required to complete any Work or Services identified in the Contractor’s Proposal/Scope of Work exceeds any time or material amounts or estimates provided therein.
1.9 Prevailing Wages. The City has determined that the Work and Services under this Agreement requires work of labor categories which are subject to Prevailing Wage Laws identified in the State of California Labor Code. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects.
Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non4.8.a Packet Pg. 307 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for 5 1695081.1
payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its elected and appointed officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. Contractor understands and agrees to comply with the following California Labor Code compliance conditions [Labor Code Sections 1720 et seq., 1813, 1860, 1861, 3700]:
1.9.1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Contractor agree to be bound by all the provisions thereof as though set forth in full herein.
1.9.2. Contractor shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement.
1.9.3. Contractor agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (h are on file with City, and are available to any interested party upon request. A copy of said rates shall be posted at each job site during the Term of this Agreement.
1.9.4. Pursuant to California Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices as prescribed by DIR regulations and furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).
1.9.5. Contractor shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
1.9.6. Contractor shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
1.9.7. Eight (8) hours of labor shall constitute a legal day’s work for all workmen employed in the execution of this Agreement, and the Contractor and any subcontractor shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. Contractor shall comply with the provisions of California Labor Code Section 1813
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concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. (See, e.g., Cal. Labor Code §1815.)
1.9.8. Pursuant to California Labor Code Sections 1860 and 3700, Contractor will be required to secure the payment of compensation to its employees. By signing this Agreement, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
1.9.9. Pursuant to California Labor Code Section 1771.1, Contractor and any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the DIR and qualified to perform public work pursuant to California Labor Code Section 1725.2. It is not a violation of California Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by California Business and Professions Code Section 7029.1 or by California Public Contract Code Section 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor shall not perform any work under this Agreement with any subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
1.10 Water Quality Management and Compliance.
1.10.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during performance of the Services or Work. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its bid or proposal accordingly, and assumes any and all risks and liabilities associated with and arising therefrom.
1.10.2 Compliance with Water Quality Laws, Ordinances, and Regulations.
Contractor shall keep itself and any subcontractors, staff, agents, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by, the performance of the Services or Work, including, without limitation, all applicable provisions of: the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal. Water Code § 1300 et seq.); and any and all regulations, policies, or permits issued
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pursuant to any such authority. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local or state agency having jurisdiction over the location where the Services or Work are to be performed, conducted, or provided, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.
1.10.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances, and regulations listed in subsection 1.10.2, Contractor shall comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the City of Laguna Hills Local Implementation Plan (“LIP”), and the applicable Water Quality Management Plan (“WQMP”). Such documents contain the Model Maintenance Procedures with Best Management Practices (“BMPs”). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dryweather urban runoff, storm water runoff, and receiving water quality. Contractor hereby acknowledges and agrees to be familiar with the DAMP, the LIP, and the WQMP, and agrees to comply with the requirements specified therein.
1.10.4 Standard of Care. Contractor represents and warrants that all employees and subcontractors performing any Services or Work hereunder shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies described in Sections 1.10.2 and 1.10.3 of this Agreement. Contractor further represents and warrants that it, its employees and subcontractors will receive appropriate training regarding the requirements of the laws, regulations, and policies described in subsections
1.10.2 and 1.10.3 of this Agreement as they may relate to the Services.
1.10.5 Liability for Water Quality Non-Compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in subsections 1.10.2 and 1.10.3 of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its elected and appointed officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its elected and appointed officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in subsections 1.10.2 and 1.10.3 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole negligence, willful misconduct or active negligence of the City, its elected and appointed officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Contractor for delay in completing the Services caused by Contractor’s failure to comply with the laws, regulations, and
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policies described in subsections 1.10.2 and 1.10.3 of this Agreement, or any other relevant water quality law, regulation, or policy.
1.11 Intentionally omitted.
1.12 Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Contractor further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation/Fees/Hourly Rates/Unit Prices set forth in Contractor’s Proposal/Scope of Work, but not exceeding the total annual maximum contract amount of Two Hundred Fifty Thousand dollars and no cents ($250,000.00) (hereinafter referred to as the "Maximum Contract Amount"), except as may be provided pursuant to Section 1.8 above and Section 2.4 below. Compensation shall be payable according to the fees and at the rates, charges and unit prices set forth in Exhibit “A” attached hereto. The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.
2.2. Method of Payment. Unless some other method of payment is specified in the Contractor’s Proposal/Scope of Work (Exhibit “A”), in any month in which Contractor wishes to receive payment, no later than the 10th working day of such month, Contractor shall submit to the City, in a form approved by the City’s Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the Work or Services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Contractor within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical.
2.3 Intentionally omitted.
2.4 Changes in Scope. In the event any change or changes in the Scope of Work or Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional fees for services. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional work or services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.
2.5 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Laguna Hills City Council for each fiscal year covered by the term of
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this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance set forth in Contractor's Proposal/Scope of Work (Exhibit “A”).
3.2 Schedule of Performance. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services or Work within the time period(s) established in the Schedule of Performance set forth in Contractor's Proposal (Exhibit “A”). When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant such an extension.
3.3 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and shall continue in full force and effect for a period of one (1) year, commencing on May 28, 2024 and ending on May 27, 2025.
3.4 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, pandemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Contractor, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this section.
3.5 Task Orders. Contractor hereby agrees and acknowledges that any and all Services or Work performed pursuant to this Agreement shall be based upon the prior issuance of a written project Task Order by the City. Furthermore, Contractor hereby agrees and acknowledges that execution of this Agreement by the City does not in any way guarantee that a Task Order will be issued to Contractor. Moreover, execution of this Agreement by the City shall not entitle Contractor to any form of payment or compensation from the City without City first having issued a project Task Order.
4. COORDINATION OF WORK
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4.1 Representative of Contractor. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the Services to be performed under this Agreement and to make all decisions in connection therewith: John R. Alvarado, President. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Work or Services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Contractor’s responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Services required without prior written consent of City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability hereunder without the express written consent of City.
4.4 Independent Contractor.
4.4.1. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Contractor a City employee. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this
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Agreement. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents and volunteers shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement.
Contractor, its officers, employees, or agents shall not maintain a permanent office or fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor’s officers, employees, representatives or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.
4.4.2. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.
4.4.3. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with the performance of any Work or Services under this Agreement. Except for fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing any services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Contractor’s officers, employees, representatives, subcontractors, or agents, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations.
4.5 PERS Eligibility Indemnification.
4.5.1 In the event that Contractor or any employee, agent, or subcontractor of Contractor providing any Work or Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
4.5.2 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing any Work or Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
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5. INSURANCE
5.1 Compliance with Insurance Requirements. Contractor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Contractor shall not commence any Work or Services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor’s existing insurance policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
5.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Contractor shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:
5.2.1 Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance written on an occurrence basis with limits of at least two million dollars ($2,000,000.00) per occurrence, five million dollars ($5,000,000.00) in the general aggregate, and two million dollars ($2,000,000.00) for products and completed operations. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
5.2.2 Automobile Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance written on a per occurrence basis with limits of at least two million dollars ($2,000,000.00) combined limit for each occurrence covering bodily injury and property damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.
5.2.3 Workers’ Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.
5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of
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Approved Surplus Lines Insurers (LASLI), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
5.4 Insurance Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
5.4.1 The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:
(A) Additional Insured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and
(B) Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Contractor, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
(C) Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Consultant’s failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice.
5.4.2 For all policies of Commercial General Liability Insurance, Contractor shall provide endorsements for ongoing operations and completed operations to effectuate this requirement.
5.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance and shall protect the City, its officials, officers, employees, agents and volunteers, in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
5.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or
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volunteers, shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
5.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.
5.8 Evidence of Coverage. Concurrently with the execution of the Agreement, Contractor shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Contractor shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage.
5.9 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
5.10 Enforcement of Agreement (Non-Estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any non-compliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.
5.11 Insurance for Subconsultants. Contractor shall include all subconsultants or subcontractors engaged in any Work or Services for Contractor relating to this Agreement as additional named insureds under the Contractor’s insurance policies, or Contractor shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Contractor’s subconsultants or subcontractors performing any Work or Services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and
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volunteers, as additional insureds. Contractor shall not allow any subconsultant or subcontractor to commence any Work or Services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.
5.12 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Contractor pursuant to this Agreement:
5.12.1 Contractor shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.
5.12.2 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
5.12.3 None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.
5.12.4 Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
5.12.5 Contractor agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.
5.12.6 Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor arising out of the Work or Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.
6. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify, protect, and hold
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harmless City, the Orange County Transportation Authority, the County of Orange, and each entity’s respective officials, officers, employees, agents and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, or from any violation of any federal, state, or local law or ordinance, which Claims arise out of, pertain to, or are related to Contractor’s performance under this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless and indemnify the City, its elected and appointed officials, officers, employees, agents and volunteers, shall not apply to the extent that such Claims arise out of, pertain to, or are related to the sole negligence or willful misconduct of the City.
7. REPORTS AND RECORDS
7.1 Accounting Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subconsultants, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. Contractor shall ensure that all of its subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
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7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor without City’s prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, the or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of five (5) years from the date of final payment by City hereunder, or completion of any audits by City or the Orange County Transportation Authority, or after final payment of debt service where local fair share reveneues were pledged, whichever is longer.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Termination. City may terminate this Agreement for any reason, with or without cause, upon giving Contractor thirty (30) days written notice. Upon such notice, City shall pay Contractor for Services performed through the date of termination. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination.
8.4 Default of Contractor.
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8.4.1. Contractor’s failure to comply with any provision of this Agreement shall constitute a default.
8.4.2. If the City Manager, or the City Manager’s designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance.
In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 8.3.
8.4.3. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Contractor shall not limit Contractor’s liability for completion of the Services as provided herein.
8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.
8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.8 Attorneys’ Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled,
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in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of any state statute or regulation. Contractor represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor represents and warrants that it will not discriminate against any employee or applicant for employment because of race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Notices or other communications shall be addressed as follows:
To City: City of Laguna Hills
Attention: City Manager
24035 El Toro Road
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Laguna Hills, California 92653
Telephone: (949) 707-2600
To Contractor : G2 Construction, Inc.
Attention: Eric H. Taylor
Vice President
1352 E. Borchard Ave.
Santa Ana, CA 92705
Telephone: (714) 748-4242
10.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.3 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.4 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.5 Third Party Beneficiary. Nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.
10.6 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.7. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he/she is signing is bound.
10.8 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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10.9 County of Orange Regional Cooperative Agreement. Contractor previously entered into Contract No. MA-080-20011478 with the County of Orange to furnish and install Trash and Debris Capture Devices (“County Agreement”). Section 15 of the County Agreement establishes a Regional Cooperative Agreement (RCA) that permits non-County public agencies to execute subordinate contracts for the same services during the effective dates of the County Agreement. Under the County Agreement, the RCA terms, conditions, and pricing shall be extended to all subordinate contracts issued. Accordingly, the City intends this Agreement to be consistent with the terms, conditions, and pricing available through the County Agreement, and the City agrees to indemnify and hold harmless the County of Orange from all claims, demand actions, or causes of action of every kind arising out of, or in any way connected with the use of this Agreement. This subsection in no way alters, impairs, or reduces Contractor’s indemnification obligations to the City as required by this Agreement.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“CITY”
CITY OF LAGUNA HILLS,
a California municipal corporation
DAVE WHEELER,
Mayor
ATTEST:
JENNIFER LEE,
City Clerk
APPROVED AS TO FORM:
GREGORY E. SIMONIAN,
City Attorney
“CONTRACTOR”
G2 CONSTRUCTION, INC., a California
Corporation
John R. Alvarado, President
Lydia Alvarado, Treasurer
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EXHIBIT “A”
CONTRACTOR’S PROPOSAL/ SCOPE OF WORK
DATED: May 9, 2024
SCOPE OF SERVICES FOR PROJECT
INCLUDING,
SCHEDULE OF PERFORMANCE
AND
SCHEDULE OF COMPENSATION/ FEES/ RATES/ UNIT PRICES
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EXHIBIT “B”
CITY OF LAGUNA HILLS
NOTICE INVITING BID FROM G2 CONSTRUCTION, INC.
FOR
CPS-MOD™ & ARS-CL™ SCREEN PROJECT, PHASE XI
TRASH AND DEBRIS CAPTURE DEVICES
___________________________________________________________________ DATED: APRIL 25, 2024
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APPENDIX II
OC GO PROJECT X, Environmental Cleanup Program (ECP)
Measure M2, Tier 1 Grant Application
CPS-Mod™ & ARS-CL™ Screen Project, Phase XII
Full-Capture Systems and Curb-Opening Screens
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CITY OF LAGUNA HILLS
Project X
Environmental Cleanup Program (ECP)
Measure M2, Tier 1 Grant Application
CPS-Mod™ & ARS-CL™ Screen Project, Phase XII
Full Capture Systems and Curb-Opening Screens
Prepared For:
Orange County Transportation Authority
600 South Main Street
Orange, CA 92863-1584
(714) 560-5907
Prepared By:
Joe Ames, P.E.
City of Laguna Hills
24035 El Toro Road, Laguna Hills
(949) 707-2655
April 9, 2023
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TABLE OF CONTENTS
1. COVER 1
2. TABLE OF CONTENTS 2
3. APPLICATION
A. SECTION I: General Project Information 3
B. SECTION II: Detailed Project Information & Scoring 5 C. SECTION III: Additional Project Details 13
4. ATTACHMENTS 15
A. Calculations & Support Documentation for Question #2 and #3 16 B. Detailed Project Estimate & Warranty 22
C. Location Maps & Project Site Photos 31
D. Detailed Project Schedule 66
E. Design Drawings 69
F. City Council Resolution 83
G. Project Drainage Areas, Priority Land Uses, BMP Locations, KMZ files & KMZ Files
87 H. Vendor and Installer Qualifications 92
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PROJECT X
2023 Tier 1 Call for Projects Application for Funding
2023_ECP Tier 1 Application (02/13/2023) Page 1 of 12
APPLICATION INSTRUCTIONS
Local Agencies applying for Project X ECP funds are required to complete and submit this application. Any projects not in compliance with the CTFP Guidelines will not be eligible for funding.
SECTION I: General Project Information
Applicant Information
Agency: CITY OF LAGUNA HILLS
Project Title: PHASE XII CATCH BASIN CPS-Mod & ARS-CL SCREEN PROJECT Device Type(s) &
Quantity:
75 CPS-Mod Full Capture Systems & 100 ARS-CL Curb-Opening Screens (in 22 catch basins)
Project Manager: Joe Ames, P.E., Public Works Director/City Engineer Phone: 949.707.2655
Email: [email protected]
Proposed Funding Summary
Total Project Cost: $250,000 Local Match:
(Cash Only, 20% minimum) $50,000
M2 ECP Funds
Request: $200,000
Project is Part of a
Larger Construction
Effort:
No
Project Readiness & Schedule
City Council Approval: 5/9/2023
Design & Permitting (If Applicable) NA
Award of Contract 6/4/2024
Construction/Installation (Start and Completion) Start: 7/1/2024 Completion: 9/20/2024
Application Checklist
YES N/A
A Environmental Documentation (As Applicable) ☐
B Detailed Project Estimate ☐
C Location Maps & Project Site Photos ☐
D Detailed Project Schedule ☐
E Design/Concept Drawings ☐
F City Council Resolution ☐
G Project Drainage Area(s), Priority Land Use(s), and BMP Location(s) shapefiles/KMZs ☐
H Preliminary agreements with joint and/or third-party entities (As Applicable) ☐ 3 4.8.a
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PROJECT X
2023 Tier 1 Call for Projects Application for Funding
2023_ECP Tier 1 Application (02/13/2023) Page 2 of 12
Project Description – Describe the project location and the Tier 1 type improvements proposed. If the project is included in an existing Integrated Water Management Plan, please provide details on why it was included. Use additional pages as needed.
The City’s proposed project for OCTA’s Project X grant funds installs Tier 1 type connector pipe screens (CPS-Mod) and curb-opening automatic retractable screens (ARS-CL) in MS4 catch basins (CBs) in the north, central and south of Laguna Hills. The 76 CBs targeted for these BMP devices receive storm water runoff from 408 total acres in 2 watersheds. Fifty-seven CBs are in Aliso Creek Watershed and flow into Aliso Creek, travel through Aliso Viejo, Laguna Niguel, Unincorporated Orange County, and Laguna Beach before discharging into the Pacific Ocean at Aliso Beach. The project’s other 19 CBs flow into San Juan Creek Watershed.
The locations in the north are CBs in need of storm water device protection are commercial or arterial primary land use (PLU) areas. These are in the business district, Avenida Carlota, Mouton Parkway, and Los Alisos Blvd. All these locations receive high volumes of traffic and transportation related pollutants.
These CBs drain through Aliso Creek. Only the arterial Cabot Road drains into San Juan Creek.
The G2 Construction fabricated and installed CPS-Mod™ Full Capture System and ARS-CL™ are the City’s selected Tier 1 BMPs because they provide two levels of pollutant filtration. The ARS-CL devices screen the entire width of curb-openings to prevent pollutants 3/4" or larger from entering. The CPS-Mod is a State Water Board certified as a Full Capture System (FCS) that installs around the CB discharge pipe and prevents everything 5mm or larger from escaping the CB and flowing downstream.
The pollution reduction benefits meet both the fractional percent of 1-yr, 1-hr event peak flowrate and the fractional percent of the 85th percentile of the 24-hr design event (see Attachment A calcs). These ARS-CL and CPS-Mod BMP devices are 100% effective in capturing visible pollutants, and after evaluating many other BMP types we continue to believe these are by far the best choice for Laguna Hills.
This project will install 75 CPS-Mod screens in 75 CBs. About 2/3 of these CBs have an existing ARS-CL, and the other 1/3 already have one installed. This project will install 100 ARS-CL screens in 22 CBs.
Twenty-one of these CBs also receive a new CPS-Mod. This project includes custom design, fabrication, and installation by our contractor G2 Construction.
In 2011 the City funded a pilot program and installed first-generation ARS in many of the CBs targeted this year. While those old-design ARS were effective during their 3-year warranty they were prone to malfunction, were not made of stainless steel, and are no longer functioning or useful. The ARS-CL is a significant upgrade in design and quality from earlier curb screens. Installing ARS-CL to replace old and failing screens was approved by ECP Project X management in 2019 because none of the old screens were funded by OCTA and beyond useful life.
Based on the City’s budget timing and past experience, installations will begin four months after executing an Agreement with OCTA. G2 Construction has always successfully finished our projects within several months of receiving an agreement and we expect next year will be the same. The ARS-CL installed in the City have had a positive effect on public awareness. Residents of Laguna Hills and visitors see the attractive stainless-steel screens protecting storm water throughout the City. By monitoring and measuring what comes out of our CBs and maintaining our installed devices we continue to build our storm water treatment knowledge and improve the environment.
Since 2013, City Staff have chosen to have G2’s ARS-CL and CPS-Mod screens installed with assistance from this OCTA ECP Tier 1 grant program. Thank you in advance for consideration of this grant application. 4 4.8.a
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PROJECT X
2023 Tier 1 Call for Projects Application for Funding
2023_ECP Tier 1 Application (02/13/2023) Page 3 of 12
SECTION II: Detailed Project Information & Scoring
1. Describe the need for the selected BMP(s), including nexus to transportation pollutants, and detail the benefits to water quality the BMP(s) will achieve. (up to 15 Points) The City needs the selected CPS-Mod™ and ARS-CL™ screens installed in our existing MS4 catch basins (CBs) because they are highly effective at capturing pollutants, trash, and debris during and before storm events. This project will install devices in 76 CBs with a direct nexus to transportation pollutants throughout the City including Priority Land Use (PLU) areas with commercial use, arterial roadways, and roadways to residences. When it rains all storm water flushes the trash, pollutants, and debris from the area’s properties, roadways, sidewalks, and parking lots (See Maps in Attachment C) into the CBs targeted in this project. Both BMP devices are excellent at capturing this pollution in Laguna Hills before it flows out of the City.
The CPS-Mod and ARS-CL screens protect water quality from 408 acres in 2 watersheds. The northern and south-central 57 CBs are in the Aliso Creek Watershed and flow into Aliso Creek, and the eastern 19 CBs flow to San Juan Creek. Both watershed 303(d) pollutants and discharge into the Pacific Ocean.
The ARS-CL curb-opening screens stop all trash and debris that is ¾” or greater from entering the CBs during dry weather, and the City’s street sweeping program collects these pollutants monthly. These devices will be installed in 22 CBs that collect drainage from commercial, arterial, and residential areas. This project will install ARS-CL screens covering 359 linear feet of curb-openings and protect 110 acres. The ARS-CL captures 85 to 90% of debris that flows into CBs and clog the 5mm holes of the CPS-Mod and impair that screen’s treatment capacity.
The CPS-Mod Full Capture System is extremely effective as the final line-of-defense when trash and debris escapes past the ARS-CL during heavy storm events. The CPS-Mod’s patented design stops 100% of particles 5mm or larger from exiting the CB and flowing downstream and is certified by the State Water Board. This project will install 75 CPS-Mod in CBs and will protect 403 acres of drainage. The designed CPS-Mod are sized to exceed the 1-year, 1-hour storm event (See Attachment A calcs).
The benefits to water quality that this project will achieve include capturing all pollution from 408 acres from entering OC’s waterways through MS4 catch basins. This will reduce the 303(d) pollutants downstream (including Selenium, Total Nitrogen as N, and Toxicity). It will also reduce visible pollutants in OC creeks and on beaches, and this will reduce the negative and deadly impacts to fish and wildlife. This project is estimated to capture almost 4,400 cubic feet of trash and debris yearly (see Attachment E) from CBs along transportation routes where vehicles deposit metals (copper lead, zinc), tire wear, hydrocarbons, and people generate trash. The residential areas also generate pollutants from landscaping (organic chemicals and compounds, sediment, nutrients, decaying vegetation), animal waste, vehicle metals, and litter that contribute to downstream pollution.
Both devices are custom fabricated by G2 Construction from 304 stainless-steel and installed to fit each unique CB and come with a 10-year warranty. Installing these BMPs is the City’s best opportunity to stop the highest volume of transportation-generated pollutants at their source before exiting the City’s CBs and traveling downstream through Orange County. These devices are an excellent fit with the City’s street sweeping and CB maintenance programs and are very cost effective relative to alternative solutions.
In summary, this project will install 75 CPS-Mod in 75 CBs, and 100 unique ARS-CL screens in 22 CBs. We have again selected G2 Construction's ARS-CL and CPS-Mod because they are highly effective and robust, are OCTA ECP and OCPW approved, and the greatest value of the Tier 1 BMP choices. The City’s experience with G2 and their devices has been very positive, and we are pleased with their product effectiveness and the company's level of service.
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PROJECT X
2023 Tier 1 Call for Projects Application for Funding
2023_ECP Tier 1 Application (02/13/2023) Page 4 of 12
2. Based on information provided by the applicant, a cost/benefit calculation will be conducted to compare the total project cost to the area of priority land uses treated by the proposed BMP(s). Please complete the table below: (up to 16 points):
BMP(s)
Type 1 Type 2, etc.
Type(s) of BMP(s) proposed:
CPS-Mod™
Full Capture
Systems by G2
ARS-CL™
Curb Screens
by G2
Number of each BMP type: 75 100
Total drainage area(s) contributing to each BMP type: 403 110 Total
Drainage area(s) that is/are considered Priority Land Uses*: 63 25 63 Total Project Cost: $250,000
Cost/Benefit ($/ac of priority land uses): $3,968
Project Score (to be completed by OCTA): Click to enter text.
*Refer to City General Plans for general land use distribution/coverage information. Refer to the Statewide Trash Provisions for a complete definition of Priority Land Uses (e.g. high density residential, industrial, commercial, mixed urban, public transportation stations).
3. Pollutant Reduction Benefits: Project benefits will be based on treatment capacity and BMP type.
Applicant to provide the calculations used to determine the following scores: (up to 12 points):
Line Factor Points
Available Multiplier Line Score
A Fractional percent of 1-yr, 1-hr event peak flowrate treated by the BMP(s) 0 to 1 3 3 B Fractional percent of 85th percentile, 24-hr design event that is treated by the BMP(s) 0 to 1.5 3 4.5
C
BMP Multiplier:
0 to 1 6 0
•0 points if BMP is not low-impact development (LID) or treatment control •1/3 point for high capacity systems
•2/3 point for filters/biofilters
•1 point for zero-discharge BMPs
Project Score: 7.5
Scoring Equation (Max 12 points): (Ax3) + (Bx3) + (Cx6) Calculations may be provided on a separate sheet
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PROJECT X
2023 Tier 1 Call for Projects Application for Funding
2023_ECP Tier 1 Application (02/13/2023) Page 5 of 12
4. How effectively will the proposed project deal with the more visible forms of pollutants, such as litter and debris? (up to 10 points)
The City's proposed project is extremely effective in preventing visible forms of pollutants from entering waterways and ending up in the receiving waters downstream and on County beaches.
With the installation of this project’s CPS-Mod and ARS-CL devices we know that 100% of visible pollution that enter the targeted CBs will be captured in Laguna Hills, and 0% of this trash and debris will flow out of the City into the Aliso Creek Watershed or San Juan Creek Watershed.
Our project has two excellent lines of storm water protection that ensures no visible pollution escapes these catch basins.
First, the full capture system CPS-Mod™ will stop 100% of visible pollutants that get past the ARSCL and enter the catch basin. The CPS-Mod devices will capture everything 5mm and larger from exiting the catch basin and entering the connector pipe and waterways. These visible pollutants such as plastic (bottles, cups, bags, wrappers, containers, straws, utensils), face masks, Styrofoam (packaging, food containers, cups), aluminum and metal cans, cardboard, paper, cigarette butts, and more are screened from the water before ever entering the connector pipe and waterways.
Second, the ARS-CL™ screens are designed to stop the most visible pollutants from ever entering our catch basins. The ARS stops everything ¾” or larger from entering the catch basin and our weekly street sweeping program removes this debris quickly. Also, the ARS-CL screens close off the entire curb opening of our catch basins, and physically prevent people from consciously or unconsciously putting trash into the catch basin. This acts as an excellent deterrent to polluters and reminds everyone that trash and pollutants should never be discarded into the storm drain system.
The proposed CPS-Mod and ARS-CL project is the most effective solution for stopping the most visible forms of pollutants from entering the storm water system. Installation of these catch basin devices is the most cost-effective method for preventing trash from traveling downstream. This enables the City to continue installing and maintaining these devices throughout the City.
The City of Laguna Hills has been advocating for a clean environment for decades, and educating the public is an essential part of this commitment. When our residents see installed catch basin screening devices they understand that trash and other items should not be disposed of in the catch basin. This education is expected to reduce the amount of pollution generated and that our new devices will need to stop.
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Packet Pg. 335 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT X
2023 Tier 1 Call for Projects Application for Funding
2023_ECP Tier 1 Application (02/13/2023) Page 6 of 12
5. What other BMP types were considered for this project? Why was the proposed BMP chosen? (5 points) The City considered many alternative BMPs prior to selecting G2's CPS-Mod and ARS-CL screens.
1. Hydrodynamic separators (HDS) were considered, but the cost and value did not justify pursuing this BMP. The cost per acre for treatment was very high. Laguna Hills has more than 500 catch basins, and HDS systems are not practical.
2. Bioretention basins have some advantages that the City finds appealing, but the availability of City owned land in appropriate locations limits the options. Also, the cost per location makes it difficult to justify given the City’s existing CBs. Additional research is needed before selecting this BMP.
3. Filter baskets inside catch basins were tested several years ago, but they had limits to their effectiveness and had high maintenance needs. Plus, filter baskets are not considered a fullcapture system. In all respects, less attractive than the selected devices.
4. Permeable pavement is a good option for allowing stormwater to pass water into the ground below, but it does not have a trash capture element to it.
5. Irrigation systems were considered but not a good alternative at this time.
We selected the CPS-Mod and ARS-CL for this project because they deliver greater value than the other options. Effectiveness and affordability for these custom fabricated and installed systems allows for a high number of CBs to be installed.
Additional Info. The City participants in several BMP programs now:
A. Street sweeping. The City has our arterial streets swept weekly and residential streets swept twice per month. Sweeping in conjunction with our installed ARS-CL is extremely effective in preventing trash from entering our catch basins.
B. Litter control through enforcing anti-litter laws; providing litter receptacles in busy and high pedestrian traffic areas of the community such as at bus stops and along trails.
C. Cleaning litter receptacles on a regular basis to avoid litter overflow.
D. Waste reduction by promoting recycling and providing recycling containers in busy, high pedestrian traffic areas of the community.
E. Community education in the form of posters in public places, door hangers, school visits, and clean-up campaigns. The problem with these is they are labor intensive, costly, and require ongoing support. They also do not completely change people's behavior. 8 4.8.a
Packet Pg. 336 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT X
2023 Tier 1 Call for Projects Application for Funding
2023_ECP Tier 1 Application (02/13/2023) Page 7 of 12
6. Provide information on proposed BMP performance efficiency and/or effectiveness, including pollutant capture, storage capacity, flow capacity, etc. (up to 6 points) Performance Effectiveness:
CPS-Mod™ - 100% reduction in pollutant capture 5mm or larger. Full Capture System certified.
ARS-CL™ - 88% reduction in litter, debris, and pollutants (by weight).
Storage Capacity:
CPS-Mod™ - 30 cubic feet (W=7’); 55 cubic feet (W=14’)
ARS-CL™ – unlimited volume prevented from entering CB. Works in combination with street sweeping to collect pollutants and debris.
Filtered Flow Rates in CFS (cubic feet per second) at 75% of maximum:
CPS-Mod™: 4.5 sqft screen = 4.9 CFS; 6.0 sqft = 6.5 CFS; 9.0 sqft = 12.9 CFS;
11.0 sqft = 15.8 CFS @ 5mm
ARS-CL™: 3.5’= 1.45 CFS; 5’= 2.13 CFS ; 7’=2.93 CFS ; 10’=4.31 CFS ; 14’=6.02 CFS ; 21’=8.99 CFS ; 28’= 12.08 CFS @ 3/4" filter.
Performance:
The CPS-Mod™ device was tested in a controlled environment for filtration rates and filtration effectiveness. The CPSMod filtration rate exceeded the rates listed above, and captured 100% of debris that was 5mm or larger. (see Filtered Flow Rate Testing – G2 CPS-Mod, Jan. 2019)
General
CPS-Mod is Full Capture System certified by State Water Board. It effectively captures 100% of litter, debris, and pollutants that are 5mm or larger. Each device is customized to the catch basin were installed and the screen size can be increased to provide higher rates of flow treatment filtration. Trash capture capacity depends on the size of the CB. Catch basin cleaning is required.
ARS-CL effectively prevents litter and objects ¾” or larger from entering the catch basin, and reduces materials in the catch basin by 85-95%. Each screen is ~3.5’ long and it is custom sized to each curb-opening. Between 1 and 10 unique screens are installed in each CB, and street sweeping is required. Generally, each linear foot of ARS-CL will prevent 6 cubic feet of debris from entering the CB annually, depending on the location.
Specific to Laguna Hills Project X 2023-24
Pollutant Capture & Storage Capacity. The CPS-Mod and ARS-CL devices installed on this project are projected to capture 4,398 cubic feet of trash and debris annually (see Attachment E calculations). Given the 359 linear feet of ARSCL curb-screen, targeted CB interior volume, and the City’s maintenance program these devices can easily capture this much trash and debris and still maintain 1-year, 1-hour treatment requirements.
Flow Treatment Capacity. These devices will treat 100% of the 1-yr, 1-hr peak storm event and 100% of the 85th percentile of the 24-hr storm event. (See Attachment A for details) Additional Research
City Research. Additionally, in 2005-2006, the City of Laguna Hills participated in the Sulphur Solution Project with the City of Laguna Niguel. One key component of the project was to install automatic retractable screens (ARS) in catch basins across the City. In 2006, following installations, the City's catch basins were cleaned and the trash, debris, soil and "muck" was measured and the data was analyzed.
Data analysis showed that ARS retrofitted catch basins had a 70% drop in the volume of trash and an 81% drop in the volume of soil/muck/sediment, as compared with similar catch basins without ARS screens. Average volume in catch basins without ARS was 4.7 cubic feet, while average volume with ARS was 1.4 cubic feet. Net reduction of 3.3 cf per CB. The City’s street sweeper collected removed the debris prior to entry in the CB. This data was submitted to the San Diego Regional Water Quality Control Board that year. 9 4.8.a
Packet Pg. 337 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT X
2023 Tier 1 Call for Projects Application for Funding
2023_ECP Tier 1 Application (02/13/2023) Page 8 of 12
7. Project Readiness: How long after OCTA Board of Directors approval (September 2023) will the project be operational (select one)? (up to 6 points):
☐ <4 Months
6 Points
☒ 4 – 8 Months
4 Points
☐ 8 – 12 Months
2 Points
☐ > 12 Months
1 Point
8. Will the project provide any secondary benefits beyond water quality improvements (i.e., water-use efficiency, public awareness, flood control, recreation, habitat, sustainability)? (up to 5 points) The secondary benefits, beyond water quality improvements, are many and include:
1. Public Awareness about the importance of storm water quality, and the need to protect it from trash and pollutants, is a major benefit of this project. It shows children and adults that catch basins need to be protected from pollution. The City's installation of ARS-CL and CPS-Mod throughout the City shows the public that protecting rainwater systems is a very high priority.
2. Human health and safety dangers are reduced during recreation. Children and adults playing or working in streams, waterways, and on beaches downstream. Reduction of trash, toxins, bacteria, and sharp objects is a significant public benefit.
3. Habitat health and safety of fish, aquatic life, birds, and wildlife that eat trash or toxins hoping it is food are better protected by the BMPs in this project. Plastics and trash lead to the death of animals that ingest it or get entangled. If one species is negatively impacted, then it can impact all the animals in the eco-system.
4. Sustainability of the City’s storm drain network, local streams and the soil and vegetation around it, will accumulate fewer pollutants over the short and long term. Preventing contamination will protect the sustainability of the system over time.
5. Home values may be improved in areas with the ARS-CL and CPS-Mod devices. The highquality stainless-steel screens are viewed as environmentally positive, and likely to attract buyers interested in a high-quality location.
5. Economically, the less visible trash in waterways and on beaches, the more tourism and interest in Orange County. This can be a significant benefit to the local economy. Conversely, if a beach is closed due to bacteria or other harmful pollutant, then it has a significant negative impact on OC economies.
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Packet Pg. 338 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT X
2023 Tier 1 Call for Projects Application for Funding
2023_ECP Tier 1 Application (02/13/2023) Page 9 of 12
9. What is the methodology for measuring pollutant reduction before and after the BMP is implemented? How frequently will monitoring and performance assessment occur? (up to 10 points) The City has a multi-step methodology for measuring pollutant reduction and monitoring performance.
1. The volume of debris removed from the City's catch basin during cleanings will be measured.
The post-BMP installation levels will be compared to pre-BMP historical data, and analysis of the effectiveness of the CPS-Mod and ARS-CL devices will be made. This data will be reported to the RWQCB as a part of the annual report.
2. City staff will visually inspect each CPS-Mod and ARS-CL device installed twice per year. This is to ensure the devices are functioning at 100% and capturing pollutants as designed.
3. City street maintenance staff drive the City’s streets daily and make visual observations about the volume of trash and debris stopped by the ARS-CL outside of the catch basin. Feedback about the amount of debris will help determine if special cleaning actions or extra street sweeping is needed. Prior to storms, and immediately after, catch basins with these BMPS are checked.
4. Discussions with street sweeping crews regarding the quantity and types of trash found in front of catch basins will help to build understanding of the types and quantity of pollution being stopped. 11 4.8.a
Packet Pg. 339 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT X
2023 Tier 1 Call for Projects Application for Funding
2023_ECP Tier 1 Application (02/13/2023) Page 10 of 12
10. Provide an operations and maintenance plan for the lifespan of the proposed project. Include schedule of inspections, cleaning, removal and disposal of pollutants, repairs, etc. (up to 15 points) Operations and Maintenance Plan for the lifespan of the proposed CPS-Mod and ARS-CL devices:
1. INSPECTIONS of the devices two times per year by the City's street maintenance staff or contractor. Inspections of both ARS-CL will include a mechanical check of the locking system per manufacturer guidelines. Both systems will be checked for damage and irregularity, and verified as functioning as designed.
2. CLEANING the Streets and in front ARS-CL devices will be performed by a street sweeping company contracted by the City. Per the manufacturer, street sweeper brushes are an acceptable method of cleaning the type 304 stainless-steel screens. This will remove any debris, vegetation, or mud that may be stuck to the screen and may prevent it from closing or functioning properly.
3. CLEANING the Catch Basins with CPS-Mod inside will be 1 to 4 times annually, depending on the CBs need. Typically scheduled in October prior to the rainy season, January, and May. Any hazardous material will be contained and disposed of properly.
4. REPAIRS, if needed, will be made after each inspection or cleaning. Issues identified will be documented with photos and a description during the inspection or cleaning, and then will be fixed.
G2 Construction will repair non-functioning devices with the 10-year warranty.
5. POST-STORM. After each storm event, the street maintenance crews will check the ARS-CL devices visually from outside the catch basin to observe if the screen is closed / open, blocked, or damaged. This will identify problems generated by the storm, and allow modifications are actions prior to the next scheduled sweeping, cleaning, or inspection. Crews can act immediately or schedule activities to remove objects preventing ARS-CL screen closure and/or locking or make minor fixes per the manufacturer's operations and maintenance guidelines.
6. WARRANTY service, if needed, will be provided by G2 Construction. All devices installed as part of this project will be maintained in full functioning capacity for the lifespan of the BMP.
7. FULL CAPTURE SYSTEMS. The CPS-Mod will be closely monitored, per the O&M plan described above, to function as Full Capture Systems that always meet the 5mm capture requirements during 1-Hour, 1-Year Storms, per Water Board’s Trash Amendment regulation. 12 4.8.a
Packet Pg. 340 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT X
2023 Tier 1 Call for Projects Application for Funding
2023_ECP Tier 1 Application (02/13/2023) Page 11 of 12
11. BONUS: Is the proposed local match over the 20% minimum cash match requirement? If yes, enter match rate here. (0.5 points for each 5% overmatch, up to 5 points) The proposed City match is 20%.
Note: In-kind services are not eligible as local match
SECTION III: Additional Project Details
Match Sources
Other Grants: Non-M2 competitive grants may be used as match. Any grants used as match must be dedicated to the project for match credit to be received. Please list the name and amount of the grants being proposed as match.
City of Laguna Hills – General Fund
Supplanting or Replacing Funds
ECP funds are designed to supplement, not supplant, existing water quality programs. Proposed projects must improve and not replace existing pollution reduction efforts by an eligible party. Please clarify that the proposed project will not be supplanting any existing water quality programs or other obligations.
The City’s proposed project supplements existing water quality programs. The proposed project will not supplant any existing water quality program.
Joint Applicant Information (if applicable)
See program guidelines for details on joint applicant applications and enter the details below. 13 4.8.a
Packet Pg. 341 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT X
2023 Tier 1 Call for Projects Application for Funding
2023_ECP Tier 1 Application (02/13/2023) Page 12 of 12
Local Agency: None. No joint applicant. Local Agency: Click to enter text.
Project Manager: Click to enter text. Project Manager: Click to enter text.
Phone: Click to enter text. Phone: Click to enter text.
Email: Click to enter text. Email: Click to enter text.
Additional Comments
Click here to enter text.
I hereby certify that the information provided herein this form is accurate and consistent with accompanying documentation. I further certify that the above information has been approved by Council resolution and that awarded funds will not be used outside of their intended purpose.
Joe Ames, P.E.
Name (Print) Signature Date
14 4/24/2023
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Packet Pg. 342 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
ATTACHMENTS
A. Calculations & Support Documentation for Question #2 and #3 B. Detailed Project Estimate & Warranty
C. Location Maps & Project Site Photos
D. Detailed Project Schedule
E. Design Drawings
F. City Council Resolution
G. Project Drainage Areas, Priority Land Uses, BMP Location & & KMZ Files
H. Vendor and Installer Qualifications
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Packet Pg. 343 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
ATTACHMENT
A. Calculations & Support Documentation
for Questions #2 and #3
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Packet Pg. 344 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for OCTA ECP PROJECT X - CALCULATIONS for Questions #2 and #3 Support Documentation City of Laguna Hills
Type 1 Type 2
Type(s) of BMP(s) proposed
CPS-Mod™ Full
Capture
Screens by G2
ARS-CL™ Curb
Opening
Screens by G2
Number of each BMP type: 75 100
Total drainage area(s) contributing to each BMP Type: (Acres) 403 110 Total Drainage area(s) considered Priority Land Uses: (Acres) 63 25 63 Total Project Cost $250,000
Cost / Benefit ($/acres of priority land uses): $3,968
Project Score
Line Factor Points Multiplier Line Score
A Fractional percent of 1-yr, 1-hr event peak flowrate
treated by the BMP(s) 1.0 3 3
B Fractional percent of 85th percentile, 24-hr design event that is treated by the BMP(s) 1.5 3 4.5
C BMP Multiplier
Project Score: 7.5
Analysis for G2 Construction's CPS-Mod™
and ARS CL™ devices
2. Cost / Benefit Calculation for priority land uses treated by proposed BMP(s). *Per City General Plans for land use and Statewide Trash Provisions (high density residential, industrial, commercial, mixed urban, public transportation stations).
BMP(s)
3. Pollutant Reduction Benefit: Treatment capacity and BMP Type:
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Packet Pg. 345 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for OCTA ECP PROJECT X - CALCULATIONS for Questions #2 and #3 Support Documentation City of Laguna Hills
PROJECT SUMMARY
Land Use :
BMP: CPS-Mod™ and ARS-CL™ by G2 Construction, Inc.
75 CPS-Mod™ Full Capture Systems
100 ARS-CL™ Curb Opening Screens
408 Acres Total Drainage Area
63 Acres PLU Area
85% Land use impervious (est.)
Total project Cost:
/Acre Cost per PLU
Analysis for G2 Construction's CPS-Mod™ and ARS CL™ devices $250,000
$3,968
Commercial, Arterial Road, and Residential
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Packet Pg. 346 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services OCTA ECP PROJECT X - CALCULATIONS for Questions #2 and #3 Support Documentation City of Laguna Hills Analysis for G2 Construction's CPS-Mod™ and ARS CL™ devices
3.A. Fractional percent of 1-yr, 1-hr event peak flowrate treated by the BMPs:
Mixed Flow/Volume BMPS
BMP 1: CPS-Mod™ Full-Capture Screens by G2 BMP 2: ARS-CL™ Curb Opening Screens by G2 Criteria Value Unit Criteria Value Unit
C= (0.75 x imp) + 0.15 = 0.7875 C= (0.75 x imp) + 0.15 = 0.7875 i= 1-yr, 1hr intensity= 0.429 in/hr i= 1-yr, 1hr intensity= 0.429 in/hr Land Imperviousness 85% Land Imperviousness 85%
Acres 403 Acres 110
G2 Construction's CPS 75 screens G2 Construction's ARS 100 screens A= Avg/ contrib. DA per CPS= 5.4 ac A= Avg/ contrib. DA per ARS screen= 1.1 ac Avg. 1-yr, 1-hr peak flowrate (Q) = 1.8 cfs Avg. 1-yr, 1-hr peak flowrate (Q) = 0.4 cfs G2 CPS-Mod design flowrate average this project 5.5 cfs G2 ARS-CL design flowrate average this project 1.45 cfs Fractional percent of 1-yr, 1-hr event filtered by BMP
(Calc). Max= 100% 303% Fractional percent of 1-yr, 1-hr event filtered by BMP (Calc). Max= 100% 391%
Score (Max=1.0) = Score (Max=1.0) =
Q3.A Weighted Score:
All calculations based on OCTA Workshop presentation.
1 1
1 19
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Packet Pg. 347 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services OCTA ECP PROJECT X - CALCULATIONS for Questions #2 and #3 Support Documentation City of Laguna Hills Analysis for G2 Construction's CPS-Mod™ and ARS CL™ devices
3.B. Fractional percent of 85th percentile, 24-hr design event that is treated by the BMP Calculate the design flowrate equivalent to design volume:
BMP 1: CPS-Mod™ Full-Capture Screens by G2 BMP 2: ARS-CL™ Curb Opening Screens by G2 ARS-CL filtration is in addition to CPS-Mod filtration.
Criteria Value Unit Criteria Value Unit
C= (0.75 x imp) +.15 = 0.7875 C= (0.75 x imp) +.15 = 0.7875 i= equivalent BMP design intensity= 0.26 in/hr i= equivalent BMP design intensity= 0.26 in/hr Land Imperviousness 85% Land Imperviousness 85%
A= 403 ac A= 110 ac
Design Storm Flowrate (Q) = 83 cfs Design Storm Flowrate (Q) = 22 cfs G2 CPS-Mod design flowrate average this project 5.5 cfs G2 ARS-CL design flowrate average this project 1.45 cfs Total CPS-Mod design flowrate (from manufacturer)= 413 cfs Total ARS-CL design flowrate (from manufacturer)= 145 cfs Fractional percent of 85th percentile, 24 hr event, that could be treated. 500% cfs Fractional percent of 85th percentile, 24 hr event, that could be treated. 645% cfs Max Available Points Max Available Points
All calculations based on OCTA Workshop presentation.
1.5 1.5
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Packet Pg. 348 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services OCTA ECP PROJECT X - CALCULATIONS for Questions #2 and #3 Support Documentation City of Laguna Hills
3.A. Precipitation Intensity
Precipitation Intensity "i": 0.429 (0.360-0.516)
Source: NOAA Precip Frequency Estimates: CA
3.B. Design Storm Depth
Design Capture Storm Depth = .85"
Source:
Use multiplier to calculate the design storm intensity equivalent to the design storm depth:
Time of Concentration (Tc) 5 Min Modeled for High Intensity Tc Multiplier 0.26 in/hr
Fraction of design storm entering the BMP 100%
Equivalent BMP Design Intensity 0.26 in/hr
Analysis for G2 Construction's CPS-Mod™ and ARS CL™ devices
3.B. Fractional percent of 85th percentile, 24-hr design event that is treated by the BMP 21 4.8.a
Packet Pg. 349 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services
ATTACHMENT
B. Detailed Project Estimate & Warranty
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Packet Pg. 350 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for Lic. #801253 - A, C8, C60
1352 E. Borchard Ave.
DBE, MBE & SBE Certified Santa Ana, CA 92705
Customer: City of Laguna Hills Prepared: 4/8/2023
24035 El Toro Dr.
QUOTE
CITY OF LAGUNA HILLS
G2 CPS-Mod™ & ARS-CL ™ Installations
(OCTA Measure M2 Environmental Cleanup Program, Tier 1) Laguna Hills, CA 92653 Eric H. Taylor
Contact: Joe Ames, P.E. By: Eric H. Taylor
Public Work Director / City Engineer VP BusDev, G2 714.679.2550 949.707.2655 [email protected] [email protected] Count LH CB
ID#
PLU
CB STREET NAME CROSS STREET LAT LONG
BMP Device 1:
Full Capture
System
BMP Device 2:
Curb-Opening
Screen
ARS-CL™
Screens
1 50 PLU Del Lago 325' N/O La Cadena 33.62737 -117.72675 existing CPS-Mod ARS-CL™ -14x 4 2 61 PLU Avd Carlota 550' S/O Plaza Lane 33.61197 -117.70531 CPS-Mod™ FCS 3 66 PLU Indian Hill 20' E/O Sand Creek 33.58812 -117.70915 CPS-Mod™ FCS 4 67 PLU Avd Carlota 60' S/O El Toro Rd 33.61384 -117.70834 CPS-Mod™ FCS ARS-CL™ -07 2 5 72 PLU Ridge Route 950' W/O Peralta 33.62116 -117.72780 CPS-Mod™ FCS ARS-CL™ -07 2 6 150 PLU Indian Hill 20' E/O Autumn 33.58795 -117.70950 CPS-Mod™ FCS 7 168 PLU Avd Carlota 340' S/O Ridge Route 33.62120 -117.71475 CPS-Mod™ FCS ARS-CL™ -10 2 8 168.2 PLU Avd Carlota 340' S/O Parking Ridge Route 33.62116 -117.71481 CPS-Mod™ FCS ARS-CL™ -05 1 The CBs receiving devices are in areas with a direct connection to transportation-generated pollution. The project covers 63 acres of priority land use (PLU) stormwater drainage in commercial, arterial and medium density residential. These areas are found in the north, central and east areas of the City. All of these catch basins will receive CPS-Mod and ARS-CL systems unless they already have an existing device. These commercial and transportation routes result in vehicle deposits of metals such as copper, lead, and zinc as well as litter from vehicles and buses, and this project will capture the pollutants in these areas. G2 will also install in CPS-Mod full capture systems in residential areas that will protect an additional 331 acres of non-PLU areas.
This proposal utilizes G2's master purchase agreement with OCPW, MA-080-20011478 for Trash and Debris Capture Devices for the City of Laguna Hills OCTA ECP grant application for 2023-24. The City is eligible for this piggyback contract pricing which guarantees the best product, service, and pricing.
Products and services include custom fabrication and installation of CPS-Mod™ and ARS-CL™ devices made of 304 stainless steel (approved for OCTA Measure M2 funding) . Plus warranty.
DESCRIPTION
G2 proposes to fabricate and install both our patented CPS-Mod™ Full Capture Systems in 75 City catch basins (CBs), and 100 ARS-CL™ curb-opening screens in 22 CBs.Each catch basin will receive between 1 and 10 unique ARS-CL™ screens depending on the curb-opening width.
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Packet Pg. 351 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for G2 Construction Proposal pg 2 of 4
9 381 PLU Nellie Gail Rd 20' S/O Empty Saddle 33.57094 -117.69034 CPS-Mod™ FCS ARS-CL™ -21x 6 10 464 PLU Empty Saddle 20' E/O Nellie Gail Rd 33.57097 -117.69022 CPS-Mod™ FCS 11 467 PLU Empty Saddle 60' E/O Nellie Gail Rd 33.57090 -117.69007 CPS-Mod™ FCS 12 542 PLU Cabot Rd 260' S/O Park Entrance 33.56470 -117.67683 CPS-Mod™ FCS 13 595 PLU Avd Carlota 50' S/O Oakbrook Village 33.60918 -117.70131 CPS-Mod™ FCS 14 597 PLU Los Alisos 50' E/O Avd Carlota 33.60661 -117.69914 CPS-Mod™ FCS 15 598 PLU Moulton Pkwy 450' S/O Glenwood 33.59410 -117.71499 CPS-Mod™ FCS ARS-CL™ -05 1 16 614 PLU Empty Saddle 100' E/O Nellie Gail Rd 33.57081 -117.68989 CPS-Mod™ FCS 17 402 Vista Viejo 10' W/O Bridlewood 33.57238 -117.67820 CPS-Mod™ FCS 18 414 Bridlewood 10' N/O Vista Viejo 33.57251 -117.67797 CPS-Mod™ FCS 19 422 Bridlewood 30' N/O Vista Viejo 33.57259 -117.67797 CPS-Mod™ FCS 20 423 Bridlewood 26821 Vista Viejo 33.57326 -117.67781 CPS-Mod™ FCS 21 424 Bridlewood 26871 Vista Viejo 33.57246 -117.67810 CPS-Mod™ FCS 22 468 Spotted Pony 25381 Empty Saddle 33.57207 -117.68736 CPS-Mod™ FCS ARS-CL™ -10 2 23 469 Hidden Trail 20' E/O Nellie Gail Rd 33.57021 -117.69107 CPS-Mod™ FCS ARS-CL™ -28x 8 24 470 Hidden Trail 27051 Nellie Gail Rd 33.56986 -117.69095 CPS-Mod™ FCS ARS-CL™ -28x 8 25 479 Rockinghorse 26872 Highwood 33.57240 -117.69103 CPS-Mod™ FCS 26 480 Highwood Cir 26861 Rockinghorse 33.57279 -117.69309 CPS-Mod™ FCS 27 484 Derbyhill 25201 Hidden Trail 33.56546 -117.69022 CPS-Mod™ FCS ARS-CL™ -14x 4 28 485 Gold Dust 27702 Hidden Trail 33.56057 -117.68631 CPS-Mod™ FCS ARS-CL™ -14x 4 29 488 Pine Strap 20' W/O Hidden Trail 33.56020 -117.68861 CPS-Mod™ FCS ARS-CL™ -05 1 30 489 Pine Strap 20' S/O Hidden Trail 33.56008 -117.68859 CPS-Mod™ FCS ARS-CL™ -14x 4 31 490 Pine Strap 80' N/O Hidden Trail 33.56015 -117.68869 CPS-Mod™ FCS ARS-CL™ -10 2 32 491 Stageline 25232 A/F Stagewood 33.56673 -117.68994 CPS-Mod™ FCS ARS-CL™ -28x 8 33 501 Lost Colt 27212 Stage Line 33.56777 -117.69328 CPS-Mod™ FCS 34 502 Lost Colt 27222 Westridge 33.56757 -117.69304 CPS-Mod™ FCS 35 503 Lost Colt 27231 Westridge 33.56745 -117.69312 CPS-Mod™ FCS 36 508 Blackhorse 25171 E/O Lost Colt 33.56456 -117.69104 CPS-Mod™ FCS 37 510 Lost Colt 27382 A/F Blackhorse 33.56495 -117.69297 CPS-Mod™ FCS 38 511 Lost Colt 100' E/O Maverick 33.56464 -117.69323 CPS-Mod™ FCS 39 512 Lost Colt 60' E/O Maverick 33.56458 -117.69340 CPS-Mod™ FCS 40 513 Westridge 20' W/O Maverick 33.56455 -117.69378 CPS-Mod™ FCS 41 514 Lost Colt 27382 Blackhorse 33.56487 -117.69288 CPS-Mod™ FCS 42 515 Westridge 60' W/O Maverick 33.56466 -117.69386 CPS-Mod™ FCS 43 516 Westridge 10' S/O Lost Colt 33.56988 -117.69795 CPS-Mod™ FCS 44 517 Westridge 30' S/O Lost Colt 33.56979 -117.69784 CPS-Mod™ FCS 45 545 Rapid Falls 25821 Sundowner 33.56729 -117.67957 CPS-Mod™ FCS ARS-CL™ -21x 6 46 548 Vista Viejo 20' W/O Anadale 33.57246 -117.67938 CPS-Mod™ FCS 47 549 Rapid Falls 25641 A/F Lost Trail 33.56648 -117.68280 CPS-Mod™ FCS ARS-CL™ -35x 10 2 of 4
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Packet Pg. 352 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for G2 Construction Proposal pg 3 of 4
48 554 Lost Trail 27642 E/O Dillion 33.56148 -117.68390 CPS-Mod™ FCS ARS-CL™ -14x 4 49 558 Lost Trail 27381 A/F Pinto 33.56525 -117.68306 CPS-Mod™ FCS 50 559 Lost Trail 27381 A/F Pinto 33.56521 -117.68293 CPS-Mod™ FCS 51 560 Dillon 25612 E/O Lost Trail 33.56149 -117.68340 CPS-Mod™ FCS ARS-CL™ -35x 10 52 561 Dillon 25612 W/O Lost Trail 33.56159 -117.68331 CPS-Mod™ FCS ARS-CL™ -35x 10 53 562 Devonshire 10' N/O Falling Leaf 33.57274 -117.68137 CPS-Mod™ FCS 54 563 Falling Leaf 26881 Devonshire 33.57264 -117.68142 CPS-Mod™ FCS 55 564 Moore Oaks 26821 Devonshire 33.57336 -117.68134 CPS-Mod™ FCS 56 565 Moore Oaks 26831 Devonshire 33.57318 -117.68151 CPS-Mod™ FCS 57 566 Moore Oaks 26832 Devonshire 33.57320 -117.68131 CPS-Mod™ FCS 58 567 Moore Oaks 26836 Devonshire 33.57309 -117.68142 CPS-Mod™ FCS 59 568 Devonshire 26792 Nottingham 33.57378 -117.68242 CPS-Mod™ FCS 60 569 Devonshire 26801 Nottingham 33.57365 -117.68245 CPS-Mod™ FCS 61 570 Devonshire 20' S/O Nottingham 33.57448 -117.68310 CPS-Mod™ FCS 62 571 Woodbluff 100' S/O Vista Viejo 33.57236 -117.67965 CPS-Mod™ FCS 63 572 Woodbluff 10' S/O Vista Viejo 33.57240 -117.67977 CPS-Mod™ FCS 64 573 Woodbluff 220' N/O Cedarbluff 33.57218 -117.67985 CPS-Mod™ FCS 65 575 Devonshire 20' S/O Nottingham 33.57440 -117.68319 CPS-Mod™ FCS 66 576 Nottingham 25622 Harrington 33.57475 -117.68304 CPS-Mod™ FCS 67 577 Nottingham 25632 A/F Devonshire 33.57509 -117.68300 CPS-Mod™ FCS 68 578 Harrington 25601 E/O Nottingham 33.57491 -117.68321 CPS-Mod™ FCS 69 579 Harrington 25596 E/O Nottingham 33.57501 -117.68315 CPS-Mod™ FCS 70 580 Chelsea 20' S/O Nottingham 33.57392 -117.68444 CPS-Mod™ FCS 71 585 Woodbluff 27135 E/O Greenhills 33.56874 -117.68064 CPS-Mod™ FCS 72 587 Chelsea 10' S/O Nottingham 33.57395 -117.68435 CPS-Mod™ FCS 73 591 Woodbluff 27136 E/O Greenhills 33.56863 -117.68060 CPS-Mod™ FCS 74 616 Lone Acres 25798 Lost Trail 33.56596 -117.68098 CPS-Mod™ FCS ARS-CL™ -05 1 75 623 Red Lodge 24772 Nellie Gail Rd 33.57170 -117.69780 CPS-Mod™ FCS 76 626 White Oaks 26692 next to Laure Crest 33.57498 -117.67902 CPS-Mod™ FCS Catch Basin & Inlet Cleaning $3,750
DEVICES & INSTALL $224,248
Traffic Control $9,708
Mobilization $12,294
PROJECT TOTAL $250,000
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Packet Pg. 353 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for G2 Construction Proposal pg 4 of 4
Terms & Conditions:
Pricing based on OCPW/ OCTA Master Pricing with Volume Discounts.
Pricing does not include project bonds, licences or business fees.
Final design configurations and costs to be revised after final field evaluations.
Payment NET 30 days.
Thank You. We Appreciate Your Business!
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Packet Pg. 354 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for Pg 1 of 34
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Packet Pg. 355 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for County of Orange, OC Public Works
G2 Construction, Inc.
MA-080-20011478
Trash and Debris Capture Devices
Note: These pages extracted from the MA agreement to highlight prices applied.
CPS-Mod™ patented Modular Design Water Board Certified Full Trash Capture System Offered With or Without Installation
PRODUCT SIZES Unit 1-2
Devices
3-5
Devices
6-20
Devices
21-100
Devices
101-500
Devices
501+
Devices
Device &
Install $2,359 $2,120 $1,680 $1,284 $1,241 $1,199
Device Only $1,623 $1,499 $1,154 $899 $874 $849
Device &
Install $2,910 $2,472 $1,916 $1,524 $1,408 $1,362
Device Only $2,226 $1,884 $1,413 $1,142 $1,056 $1,028
Device &
Install $3,324 $2,822 $2,180 $1,718 $1,636 $1,554
Device Only $2,680 $2,268 $1,701 $1,375 $1,306 $1,237
CPS-Mod Mini* - Up to 4.5 SQFT
screen. *Customer to verify FCS .
Device &
Install $1,887 $1,696 $1,344 $1,027 $993 $960
Larger & Custom devices are custom priced.
Price shown per Device. Shipping costs and taxes on non-installed devices are additional. Bond costs additional.
Combo-Discount ($50) when new CPS-Mod™ and ARS-CL™ installed in same catch basin on same project.
Unit 1-2 Units 3-5 Units 6-20
Units
21-100
Units
101-500
Units
501+
Units
PRODUCT OPTIONS Additional Cost per Unit
Larger Size Stainless Steel Screen SQFT SS
Screen $135 $113 $113 $113 $113 $113
Mosquito Abatement Deflector Deflector $320 $306 $288 $275 $261 $248 Removable System CPS-Mod™ $387 $367 $350 $329 $315 $298 Hemmed Top for smoother edges CPS-Mod™ $137 $137 $137 $103 $103 $86 Extra Bracing (eg. inbound pipes) CPS-Mod™ $514 $514 $450 $321 $268 $268
INSTALLATION OF PRODUCT
PROJECT BONDS (If Required) Project Cost 4.0% 4.0% 4.0% 4.0% 3.5% 3.0% Install Travel (In Orange County) Project Loc. FREE FREE FREE FREE FREE FREE Catch Basin (CB) Cleaning 1 CB $280 $224 $112 $56 $50 $47 Staff Gauge Painting CB $230 $184 $92 $81 $71 $69
Traffic Control during installation 6 Hours $2,613 $2,613 $2,427 $2,427 $2,427 $2,427 Training Contractor 1 Day $5,600 $5,600 $5,600 $5,600 $5,040 $4,480 Remote Support (phone or online ) 1 Hour $138 $131 $125 $118 $112 $107
FIELD SERVICES
Product Maintenance Inspections Device $280 $224 $168 $84 $56 $56 Locating CBs and inlets. CB $224 $224 $168 $84 $56 $56
CB Field Review/ measurement. CB $224 $224 $168 $84 $56 $56 Collecting Lat. / Long. of CBs CB $224 $224 $168 $84 $56 $56
PROFESSIONAL SERVICES
Custom Product Design Hourly $250 $168 $168 $168 $168 $168 Custom Drawings - Product Device $336 $294 $252 $252 $252 $210 Project Management Hourly $150 $150 $138 $120 $120 $120
PRICING
Orange County Volume Discounts
Up to 11.0 SQFT of stainless
steel screen & deflector, if needed.
30" CB discharge pipe max.
Up to 6.0 SQFT of stainless steel
screen & deflector, if needed. 18"
CB discharge pipe max.
Up to 9.0 SQFT of stainless steel
screen & deflector, if needed. 24"
CB discharge pipe max.
C026659
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Packet Pg. 356 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for County of Orange, OC Public Works
G2 Construction, Inc.
MA-080-20011478
Trash and Debris Capture Devices
ARS-CL™ Patented CamLock Automatic Retractable Screen
With Installation
SIZE:
Catch Basin
Width (ft)
Unique
Screens
per CB
ARS-CL™
Model Unit
1-2 Catch
Basins
(CBs)
3-5 CBs 6-20 CBs 21-100
CBs
101-500
CBs 501+ CBs
up to 3' 1 ARS-CL-03 CB $2,121 $1,856 $1,591 $1,098 $1,054 $1,010
3.1 - 5' 1 ARS-CL-05 CB $2,433 $2,121 $1,809 $1,435 $1,363 $1,291
5.1' - 7' 2 ARS-CL-07 CB $3,950 $3,430 $2,911 $2,516 $2,390 $2,264
7.1 - 10' 2 ARS-CL-10 CB $4,231 $3,842 $3,242 $2,762 $2,623 $2,485
7.1 - 10' x 3 ARS-CL-10x CB $5,066 $4,592 $4,044 $3,407 $3,237 $3,066
10.1 - 14' 3 ARS-CL-14 CB $5,458 $4,678 $4,093 $3,586 $3,407 $3,228
10.1 - 14' x 4 ARS-CL-14x CB $6,514 $5,556 $4,828 $4,426 $4,204 $3,983
14.1 - 16' 4 ARS-CL-16 CB $6,655 $5,647 $5,102 $4,638 $4,407 $4,175
16.1 - 21' 5 ARS-CL-21 CB $8,067 $6,806 $6,101 $5,798 $5,508 $5,218
16.1 - 21' x 6 ARS-CL-21x CB $8,725 $7,318 $6,811 $6,473 $6,150 $5,826
21.1 - 28' 6 ARS-CL-28 CB $8,888 $7,703 $7,170 $6,814 $6,473 $6,133
21.1 - 28' x 8 ARS-CL-28x CB $10,883 $9,757 $9,082 $8,256 $7,843 $7,430
28.1 - 35' x 10 ARS-CL-35x CB $12,683 $11,557 $10,882 $10,056 $9,643 $9,230 Price shown per Catch Basin (CB). Bonds costs not included. Traffic control additional.
Note: Models with "x" indicates the CB has an extra support bolt.
Unit 1-2 Units 3-5 Units 6-20 Units 21-100
Units
101-500
Units
501+
Units
PRODUCT OPTIONS Additional Cost per Unit
Bolt-In Connections (Not Welded) CB Add 15%
Fixed Screen Option CB Subtract 15%
INSTALLATION OF PRODUCT
CONTRACT BONDS (If Req'd) Project
Cost 4.0% 4.0% 4.0% 4.0% 3.5% 3.0%
Install Travel (In OC) Project
Loc. FREE FREE FREE FREE FREE FREE
Traffic Control during install. 6 Hours $2,613 $2,613 $2,427 $2,427 $2,427 $2,427 Catch basin top deck repair. varies
SEE PRICING for Field Services & Professional Services on CPS-Mod™ Pricing Sheet
PRICING
Orange County Volume Discounts
C026659
29 4.8.a
Packet Pg. 357 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for Lic. #801253 - A, C8, C60
1352 E. Borchard Ave.
Santa Ana, CA 92705
714.748.4242
[email protected]
Date: March 22, 2023
CPS-Mod™ & ARS-CL™
WARRANTY
Project: Laguna Hills - CPS-Mod™ and ARS-CL™ Screens
City of Laguna Hills 2023-24 OCTA Measure M2’s Environmental Cleanup Program (ECP) Tier 1 – Project X
G2 Construction, Inc. hereby provides a product warranty of 10 years for the G2 CPS-Mod™ connector pipe screens and ARS-CL™ automatic retractable screens installed in catch basins for the project listed above. G2 guarantees the CPS-Mod™ and ARS-CL™ will be manufactured and installed in accordance with the product drawings and specifications.
G2 Construction agrees to repair or replace any installed product that proves defective in its workmanship or material within one year of the project acceptance date. If an installed product proves defective within ten years, then G2 agrees to provide replacement parts at no cost.
Accidents, product modifications, vandalism, unusual use, or lack of standard cleaning may nullify a product’s warranty.
Requests for warranty service must be made by the product Owner, and should include photos and details.
John Alvarado, President
G2 Construction, Inc.
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Packet Pg. 358 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
ATTACHMENT
C. Location Maps & Project Site Photos
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Packet Pg. 359 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for City of Laguna Hills
WATERSHED MAP
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Packet Pg. 360
Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 City of Laguna Hills
PROJECT CATCH BASINS TO
WATERSHED MAP
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Packet Pg. 361 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Laguna Hills Project Catch Basins by Device Type
OVERVIEW MAP
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Packet Pg. 362 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Laguna Hills Project Catch Basins by Device Type
NORTH Map
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Packet Pg. 363 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Laguna Hills Project Catch Basins by Device Type
SOUTH Map
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Packet Pg. 364 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 City of Laguna Hills
LAND USE MAP
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Packet Pg. 365 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Laguna Hills Project
PLU – Key Areas
Select
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OVERVIEW STREET MAP
Laguna Hills Project CBs
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-Area 1
North Laguna Hills Project CBs
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Packet Pg. 368 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Sub
-Area 2
Central-West Laguna Hills Project CBs
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Packet Pg. 369 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Sub
-Area 3
South Laguna Hills Project CBs
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Packet Pg. 370 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance
PROJECT SITE PHOTOS
LH ID# 50 Del Lago 325' N/O La Cadena East Side
LH ID# 61 Avd Carlota 550' S/O Plaza Lane West Side
LH ID# 66 Indian Hill 20' E/O Sand Creek South Side
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Packet Pg. 371 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT SITE PHOTOS
LH ID# 67 Avd Carlota 60' S/O El Toro Rd East Side
LH ID# 72 Ridge Route 950' W/O Peralta North Side
LH ID# 150 Indian Hill 20' E/O Autumn North Side
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Packet Pg. 372 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT SITE PHOTOS
LH ID# 168 Avd Carlota 340' S/O Ridge Route West Side
LH ID# 168.2 Avd Carlota 340' S/O
Parking Lot Ridge Route West Side
LH ID# 381 Nellie Gail Rd 20' S/O Empty Saddle East Side 45 4.8.a
Packet Pg. 373 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT SITE PHOTOS
LH ID# 464 Empty Saddle 20' E/O Nellie Gail Rd South Side LH ID# 467 Empty Saddle 60' E/O Nellie Gail Rd South Side LH ID# 542 Cabot Rd 260' S/O Park Entrance West Side
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Packet Pg. 374 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT SITE PHOTOS
LH ID# 595 Avd Carlota 50' S/O Oakbrook Village West Side LH ID# 597 Los Alisos 50' E/O Avd Carlota Median
LH ID# 598 Moulton Pkwy 450' S/O Glenwood West Side
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Packet Pg. 375 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT SITE PHOTOS
LH ID# 614 Empty Saddle 100' E/O Nellie Gail Rd South Side LH ID# 402 Vista Viejo 10' W/O Bridlewood North Side
LH ID# 414 & 422 Bridlewood 10' N/O Vista Viejo East Side 48 4.8.a
Packet Pg. 376 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT SITE PHOTOS
LH ID# 423 Bridlewood 26821 Vista Viejo West Side
LH ID# 424 Bridlewood 26871 Vista Viejo West Side
LH ID# 468 Spotted Pony 25381 Empty Saddle end
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Packet Pg. 377 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT SITE PHOTOS
LH ID# 469 Hidden Trail 20' E/O Nellie Gail Rd East Side LH ID# 470 Hidden Trail 27051 Nellie Gail Rd West Side
LH ID# 479 Rockinghorse 26872 Highwood Median
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Packet Pg. 378 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT SITE PHOTOS
LH ID# 480 Highwood Cir 26861 Rockinghorse West Side
LH ID# 484 Derbyhill 25201 Hidden Trail end
LH ID# 485 Gold Dust 27702 Hidden Trail end
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Packet Pg. 379 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT SITE PHOTOS
LH ID# 488 & 490 Pine Strap 20' W/O Hidden Trail North Side LH ID# 489 Pine Strap 20' S/O Hidden Trail South Side
LH ID# 491 Stageline 25232 A/F Stagewood North Side
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Packet Pg. 380 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT SITE PHOTOS
LH ID# 501 Lost Colt 27212 Stage Line North Side
LH ID# 502 Lost Colt 27222 Westridge North Side
LH ID# 503 Lost Colt 27231 Westridge South Side
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Packet Pg. 381 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT SITE PHOTOS
LH ID# 508 Blackhorse 25171 E/O Lost Colt North Side
LH ID# 510 Lost Colt 27382 A/F Blackhorse West Side
LH ID# 511& 512 Lost Colt 100' E/O Maverick South Side
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Packet Pg. 382 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT SITE PHOTOS
LH ID# 513 Westridge 20' W/O Maverick South Side
LH ID# 514 Lost Colt 27382 Blackhorse East Side
LH ID# 515 Westridge 60' W/O Maverick North Side
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Packet Pg. 383 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT SITE PHOTOS
LH ID# 516& 517 Westridge 10' S/O Lost Colt West Side
LH ID# 545 Rapid Falls 25821 Sundowner North Side
LH ID# 548 Vista Viejo 20' W/O Anadale North Side
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Packet Pg. 384 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT SITE PHOTOS
LH ID# 549 Rapid Falls 25641 A/F Lost Trail South Side
LH ID# 554 Lost Trail 27642 E/O Dillion East Side
558 Lost Trail 27381 A/F Pinto West Side
57 4.8.a
Packet Pg. 385 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT SITE PHOTOS
LH ID# 559 Lost Trail 27381 A/F Pinto East Side
LH ID# 560 Dillon 25612 E/O Lost Trail South Side
LH ID# 561 Dillon 25612 W/O Lost Trail North Side
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Packet Pg. 386 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT SITE PHOTOS
LH ID# 562 Devonshire 10' N/O Falling Leaf West Side
LH ID# 563 Falling Leaf 26881 Devonshire North Side
LH ID# 564 Moore Oaks 26821 Devonshire North Side
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Packet Pg. 387 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT SITE PHOTOS
LH ID# 565 Moore Oaks 26831 Devonshire North Side
LH ID# 566 & 567 Moore Oaks 26832 Devonshire South Side LH ID# 568 Devonshire 26792 Nottingham East Side
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Packet Pg. 388 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT SITE PHOTOS
LH ID# 569 Devonshire 26801 Nottingham West Side
LH ID# 570 Devonshire 20' S/O Nottingham East Side
LH ID# 571 Woodbluff 100' S/O Vista Viejo East Side
61 4.8.a
Packet Pg. 389 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT SITE PHOTOS
LH ID# 572 Woodbluff 10' S/O Vista Viejo West Side
LH ID# 573 Woodbluff 220' N/O Cedarbluff West Side
LH ID# 575 Devonshire 20' S/O Nottingham West Side
62 4.8.a
Packet Pg. 390 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT SITE PHOTOS
LH ID# 576 Nottingham 25622 Harrington West Side
LH ID# 577 Nottingham 25632 A/F Devonshire North Side
LH ID# 578 Harrington 25601 E/O Nottingham South Side
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Packet Pg. 391 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT SITE PHOTOS
LH ID# 579 Harrington 25596 E/O Nottingham North Side
LH ID# 580 Chelsea 20' S/O Nottingham West Side
LH ID# 585 Woodbluff 27135 E/O Greenhills North Side
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Packet Pg. 392 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
PROJECT SITE PHOTOS
LH ID# 587 Chelsea 10' S/O Nottingham East Side
LH ID# 591 Woodbluff 27136 E/O Greenhills South Side
LH ID# 616 Lone Acres 25798 Lost Trail end
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Packet Pg. 393 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
ATTACHMENT
D. Detailed Project Schedule
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Packet Pg. 394 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for City Council Approval of Resolution 5/9/2023
OCTA Grant Award Announcement 10/11/2023
OCTA & City Agreement Letter Signed 1/25/2024
City Award of Contract to Contractor 6/4/2024
Contractor Construction/Installation
START 7/1/2024
(See attached G2 Construction Schedule)
Contractor Construction/Installation
COMPLETION 9/20/2024
CITY OF LAGUNA HILLS
DETAILED SCHEDULE
OCTA ECP Project X 2023-24 Project
67 4.8.a
Packet Pg. 395 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for Lic. #801253 - A, C8, C60
1352 E. Borchard Ave.
Santa Ana, CA 92705
714.748.4242
[email protected]
Installation Schedule
City of Laguna Hills
2023-24 OCTA ECP
March 22, 2023
Action Time (from signed
contract)
1. Evaluate all catch basins and take detailed
measurements.
3 weeks
2. Fabricate custom CPS-Mod™ & ARS-CL™ 5 weeks
3. Install custom fitted CPS-Mod™ & ARS-CL™ 7 weeks
4. Inspection and sign-off
TOTAL PROJECT (start to finish)
1 weeks
16 WEEKS
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Packet Pg. 396 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
ATTACHMENT
E. Design Drawings
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Packet Pg. 397 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for CPS-Mod™
Patented
CPS Modular Series
CA State Water Board Certified - FULL CAPTURE SYSTEM
_____________________________________________________________________________________________________________________________ G2 CPS-Mod™ Full-Capture 5mm perforated screens with
patented modular design for easy installation inside catch basins.
Approved by the California State Water Board, LACDPW, OCPW, OCTA, SF Bay RWQCB & agencies everywhere. The CPSMod™ prevents trash, pollutants, and debris from entering waterways through the catch basin outlet pipe.
• Made from 304 Stainless Steel for extended life.
• Sized to meet or exceed 1-year, 1-hour storm.
• Modular to easily fit all catch basin types.
• Custom designed and fabricated to each catch basin to ensure compliance of no gaps > 5mm in size.
• Professionally installed by G2 or a trained & certified installer. • Quick Release Removable (optional)
• Mosquito & Vector Abatement Deflector (where required) Recommended with G2’s ARS CamLock Series™
70 4.8.a
Packet Pg. 398 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for CPS-Mod™
Patented
CPS Modular Series
FULL CAPTURE SYSTEM Certified by
California State Water Board & Regional Water Quality Control Boards G2 CPS-Mod™ Connector Pipe Screen
Function:
• Captures all pollutants 5mm and larger that enter the catch basin. • Pollutants prevented from exiting the catch basin:
➢ Primary: plastics (food containers, bags, bottles, straws); trash (paper, cigarette butts, cans); vegetative debris (leaves, branches, landscaping); other all other objects. ➢ Secondary: pollutants absorbed by or attached to the Primary pollutants. Including from vehicles (hydrocarbons, fluids, copper, cadmium, zinc, tires, etc.), pathogens / bacteria, pesticides, nutrients, organic compounds, sediment toxicity, etc.
Design, Flexibility, & Approval:
• Custom designed and fabricated for each catch basin and its unique features. • Fits any standard catch basin with discharge pipe on front, back, or side wall. • Approved by State Waterboard, Los Angeles County DPW, City of LA, Orange County DPW, OCTA, San Francisco Bay Area Water Resource Board, and agencies everywhere.
Material & Fabrication:
• Made of 304 stainless steel; 14 gauge with 5mm holes. • “Made in California, USA”
Value:
• Low initial capital investment relative to other storm water quality BMPs. Lower long-term and total lifetime costs vs. any water quality BMP or taking no action. • Requires no replacement filters or parts.
• G2’s CPS-Mod™ in combination with the G2’s ARS-CL™ creates the most effective BMP system and greatest value.
Public Outreach:
• Residents aware of the CPS-Mod™ installed in their local catch basin perceive it to be an environmental benefit and demonstrates an environmentally conscious community.
Recommended with G2’s ARS CamLock Series™ screens, for the most complete full capture system. 71 4.8.a
Packet Pg. 399 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for CPS-Mod™
Patented
CPS Modular Series FULL CAPTURE SYSTEM
72 4.8.a
Packet Pg. 400 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for NOTES: TOP DEFLECTOR, AS NEEDED SUPPORT BRACKET WHEN A 48". BOTTOM TRIM SIZED TO FIT, AS NEEDED, SEE SHEET #3. 2 G2 Construction, Inc. Sheet 1 of 6 Connector Pipe Screen (CPS) NOT TO SCALE A *Hb *Hs A* B* (typ) *Hs/2 (typ) *Hs/2 (typ)
Full Capture Model: G2 CPS - Modular Patented
VI
A 5 mm Opening Screen 14 Gauge *L = A
A 5 mm Opening Screen 14 Gauge *L = A+2B B (typ)
A 5 mm Opening Screen 14 Gauge *L = A+B
B
3 3
1 2
1 Screen made of 304 Stainless Steel 14 gauge, with 5 mm openings.
Manufactured and Installed Exclusively by:
Office (714) 748- 4242
CA Lic. # 801253 A, C-8, C-60
G2 Construction, Inc. [email protected] Santa Ana, CA 92705 1352 E. Borchard Avenue
73 4.8.a
Packet Pg. 401
Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services ARS-CL™
Patented
ARS CamLock Series
___________________________________________________________________________________________ G2’s ARS-CL™ automatic retractable screen with CamLock
technology prevents trash and debris from entering catch basins through the curb opening. Approved by LACDPW,
OCTA, OCPW, SF Bay ABAG, and most agencies.
Approved for Trash Amendment TRACK 2 compliance.
Reduces catch basin cleaning costs and CPS maintenance.
Prevents up to 95% of trash and debris from entering the catch basin.
• Made from 304 Stainless Steel for extended life.
• Custom designed, fabricated & fitted to each curb
opening. “Made in California, USA”
• Independent ARS-CL™ devices open and lock between
all catch basin support bolts.
• Sized to meet or exceed 1-year, 1-hour storm*.
• Professionally installed by G2.
Recommended with G2’s CPS-Mod Series™
74 4.8.a
Packet Pg. 402 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for ARS-CL™
Patented
ARS CamLock Series
_________________________________________________________________________________________ ARS-CL™ Automatic Retractable Screen
Function:
• Stops all pollutants ¾ inches and larger from entering catch basins and water systems. • Significantly reduces cleaning frequency for catch basins and CPS-Mod™ maintenance. • Pollutants prevented from entering the catch basin:
➢ Primary: plastics (food containers, bags, bottles); trash (paper, cigarette butts, cans); vegetative debris (leaves, branches, landscaping); other objects (balls, toys). ➢ Secondary: pollutants absorbed by or attached to the Primary pollutants. Including from vehicles (hydrocarbons, fluids, copper, cadmium, zinc, tires, etc.), pathogens / bacteria, pesticides, nutrients, organic compounds, sediment toxicity, etc.
• Automatically unlocks and opens during storm events to prevent street flooding. • Automatically re-locks in the closed position to prevent pollutant access. • Low maintenance. Prevents 85-95% of trash and debris from entering the catch basin.
Design, Flexibility, & Approval:
• Custom designed and fabricated for each catch basin’s curb opening. • Fits any standard curb-face catch basin opening.
• Approved by Los Angeles County DPW, City of LA, Orange County DPW, OCTA, San Francisco Bay Area Water Quality Board, Contra Costa County DPW, and Agencies nationally.
Material & Fabrication:
• 100% stainless steel device.
• Fabricated in Orange County. “Made in California, USA” Value:
• Significantly reduces catch basin cleaning requirements and costs. • Low initial capital investment relative to other storm water quality BMPs. Lower long-term and total lifetime costs vs. any water quality BMP or taking no action. • Requires no replacement filters or parts.
• Works in harmony with regular street sweeping programs.
Aesthetics & Environmentalism:
• Beautiful stainless steel devices add aesthetic value to streets and neighborhoods. • Residents perceive the ARS-CL™ to be an environmental benefit and demonstrates an environmentally conscious community.
Recommended with G2’s CPS-Mod Series™ screens, for the most complete full capture system. 75 4.8.a
Packet Pg. 403 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for ARS-CL™
Patented
ARS CamLock Series
__________________________________________________________________________________________ 76 4.8.a
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Packet Pg. 405 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
Device Filtered Flow Rate Calculation
What are the filtered flow rates for G2 Construction devices, and how are they determined? G2 Construction (G2) reports filtered flow rates based on hydrology modeling and testing with water flows.
Our design team applies the same formula used by the Los Angeles County Department of Public Works (LACDPW) to calculate filtered CFS (cubic feet per second) in their TECHNICAL REPORT on Connector Pipe Screen Design and Full Capture TMDL Compliance (April 2007). This technical report was submitted and approved by the Los Angeles Regional Water Quality Control Board.
CPS-Mod ™ CFS Formula:
Where:
Qscreen= Max CFS filtered thru screen.
c = Coeficent of the screen orifice for friction & turbulence.
A = Area of the screen.
g = Gravity.
h = Differential head of upstream vs. downstream side of screen.
Using this formula, G2 calculates the filtered CFS for different designs, and with different assumptions. Catch basin discharge pipes are designed and sized to transport the area’s stormwater from the catch basin. G2 designs each CPS-Mod™ based on the size and location of the discharge pipe, and size and configuration of the catch basin.
In addition to modeling filtered CFS with formulas, G2 has tested our devices with flowing water.
Results found that actual flowing water CFS rates were 90-95% of the modeled formulas.
However, G2 realizes there are many factors that can reduce filtration rates not included in the formulas. We take a conservative approach by applying a size factor that calculates filtration rates for a smaller device that estimated, typically 85%. This provides a safety factor.
G2 knows there are real world variables that will reduce flow rates, and screen blockage is the most common issue. For that reason, G2 designs assume that a percentage of the screen will be blocked with trash or debris, and our designs typically assume between 10-30% of the screen cannot pass water. This directly reduces the assumed filtration rates.
Each of G2’s ARS-CL™ screens varies in curb opening width between 3.5’ to 5’, and is designed to unlock and open when 4” of water pools in front of the catch basin. The same formula is used to determine device filtered flow rates. Similarly, our designed filtered flow rates for the closed ARSCL™ screen assumes there is some screen blockage. LACDPW has performed hydrology tests on the ARS-CL™ at the San Gabriel dam test facility and has approved the design.
Device Filtered Flow Rate Testing with Water
G2’s devices have been testing using flowing water to simulate real-world conditions. Attached is a report of filtration testing performed on the patented CPS-Mod™. This test and the results were included in G2’s application to the State Waterboard that resulted in the certification of G2’s CPSMod™ and GITS™ devices as Full Capture Systems. 78 4.8.a
Packet Pg. 406 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for &ŝůƚĞƌĞĚ&ůŽǁZĂƚĞdĞƐƚŝŶŐͲ'ϮW^ͲDŽĚ:ĂŶ͘ϮϬϭϵ ϭ
FILTERED FLOW RATE TESTING
Device Tested: G2 Construction – CPS-Mod™
Filtered Flowrate (CFS) Testing for G2 CPS-Mod™
Summary: Lab testing of G2-1 CPS-Mod™ was performed to determine filtered flow rates (CFS) in a simulated in-house catch basin system. Results showed that an average sized G2 CPS (7.0 sqft screen) will filter more than 10 CFS of water when clean. This filtered flow rate exceeds the peak flowrate of the one-year, one-hour storm event for most catch basins with discharge pipe less than 24”. Results also showed that when 25% of the screen is blocked it will continue to filter at least 8 CFS.
The primary limitation of the testing was due to limited supply of water (900 gallons), which was recycled during testing. For all tests the G2-1 CPS successfully filtered all water flows without overflowing the screen. If higher CFS flow rates were available during testing, then higher maximum filtered flow rates would have resulted.
Methodology: G2 built an in-house water flow system with three chambers:
1. Water Source Chamber holds up to 120 cubic feet of water (900 gallons).
2. Test Chamber is a simulated catch basin where the tested CPS was installed.
3. Recycle Tank collects tested water (120 cubic ft; 900 gal), where it is pumped back up to the source chamber.
Test Chamber Dimensions:
Tested G2-1 CPS-Mod™ device:
This CPS was tested under two scenarios:
1. 0% screen blockage.
2. 25% blockage. The bottom 25% of the screen was tightly covered with impermeable plastic barrier.
79 4.8.a
Packet Pg. 407 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for &ŝůƚĞƌĞĚ&ůŽǁZĂƚĞdĞƐƚŝŶŐͲ'ϮW^ͲDŽĚ:ĂŶ͘ϮϬϭϵ Ϯ
For each test, up to 120 cubic feet flowed from the water source chamber, into the test chamber and through the CPS.
Test Results:
In all test scenarios, the G2 CPS filtered 100% of the water without water rising and overflowing the screen.
Analysis: The CPS could have filtered more water, if it was available, without overflowing. The tested G2 CPS had a filtered flowrate that exceeded 1.5 CFS per square foot of screen.
Conclusion: Testing showed that G2’s CPS of average size (7 sqft screen) filters water in excess of 10 CFS. This rate exceeds the full capture requirements of most catch basins with a discharge pipe diameter less than 24”. The primary limitation of this test was the inability to supply higher water volumes and flow rates. Further testing is recommended.
Photos of CFS Tests
G2 CFS Tester (3 chamber system) Water Source Chamber (120 CF / 900 Gallons)
80 4.8.a
Packet Pg. 408 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for &ŝůƚĞƌĞĚ&ůŽǁZĂƚĞdĞƐƚŝŶŐͲ'ϮW^ͲDŽĚ:ĂŶ͘ϮϬϭϵ ϯ
Scenario 1: 0% Blockage of Screen Scenario 2: 25% Blocked with plastic
Before Test
Test Chamber Discharge Pipe
During Test
81 4.8.a
Packet Pg. 409 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for ARS-CL™ and CPS-Mod™ receiving Catch Basins
ARS-CL CPS-Mod
CB "W" (ft) CB Count Linear Feet (LF) of
Curb Opening
Cubic Ft/
LF
Cubic Ft/
LF
Cubic Ft Trash/
Debris Captured
3.5 4 14 6 3 126
7 2 14 6 2 112
10 3 30 6 2 240
14 5 70 6 2 560
21 2 42 6 2 336
28 3 84 6 2 672
35 3 105 6 2 840
22 359 2,886
CPS-Mod™ receiving Catch Basins (existing ARS-CL)
ARS-CL CPS-Mod
Average
"W" (ft) CB Count Linear Feet (LF) of
Curb Opening Cubic Ft/ LF Cubic Ft/
LF
Cubic Ft Trash/
Debris Captured
14 54 756
counted
earlier
project
2 1,512
TOTAL 76 1115 4,398
CB Count Linear Feet (LF) of
Curb Opening
Cubic Ft Trash/ Debris
Captured per Year
ASSUMPTIONS
CITY OF LAGUNA HILLS
TRASH & DEBRIS CAPTURE
ASSUMPTIONS
OCTA ECP 2023-24 Project X
Cubic Feet Estimate
82 4.8.a
Packet Pg. 410 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for
ATTACHMENT
F. City Council Resolution
(To be Approved by City
Council on May 9, 2023)
83 4.8.a
Packet Pg. 411 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for RESOLUTION NO. 2023-XX-XX-X
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA HILLS, CALIFORNIA, AUTHORIZING AN
APPLICATION FOR FUNDS FOR THE MEASURE M2
ENVIRONMENTAL CLEANUP TIER 1 GRANT PROGRAM,
UNDER ORANGE COUNTY LOCAL TRANSPORTATION
ORDINANCE NO. 3 FOR THE PHASE XII CATCH BASIN
DEBRIS GATE PROJECT
The City Council of the City of Laguna Hills, California, hereby finds, determines, declares, and resolves as follows:
WHEREAS, Orange County Local Transportation Ordinance No.3, dated July 24, 2006, and is known and cited as the Renewed Measure M Transportation Ordinance and Investment Plan makes funds available through the Environmental Cleanup Program to help protect Orange County beaches and waterways from transportation generated pollution (urban runoff) and improve overall water quality; and WHEREAS, the Environmental Cleanup, Tier 1 Grant Program consists of funding purchases and installation to catch basins with Best Management Practices, such as screens, filters, inserts, and other "street-scale" low flow diversion projects; and WHEREAS, OCTA has established the procedures and criteria for reviewing proposals; and
WHEREAS, the City of Laguna Hills possesses authority to nominate water quality improvement projects that have a transportation pollution nexus to finance and construct the proposed project; and
WHEREAS, by formal action the City of Laguna Hills authorizes the nomination of the Phase XII Catch Debris Gate Project, including all understanding and assurances contained therein, and authorizes the person identified as the official representative of the City of Laguna Hills to act in connection with the nomination and to provide such additional information as may be required; and WHEREAS, the City of Laguna Hills will maintain and operate the equipment acquired and installed; and
WHEREAS, the City of Laguna Hills will give OCTA's representatives access to and the right to examine all records, books, papers or documents related to the funded Tier 1 Grant Project; and
WHEREAS, the City of Laguna Hills will cause work on the project to be commenced within a reasonable time after receipt of notification from OCTA and that the project will be carried to completion with reasonable diligence; and 84 4.8.a
Packet Pg. 412 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for Resolution No. 2023-XX-XX-X