Laguna Hills City Council
April 28, 2026

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BID ITEM 4: CLEARING AND GRUBBING AND UNCLASSIFIED EXCAVATION The Contractor shall perform all clearing, grubbing, and site preparation within the project limits as shown on the Plans and as directed by the City Engineer. Work shall include the removal and disposal of vegetation, grass, weeds, brushes, roots, stumps, debris, rubbish, and other objectionable materials from the construction area. Clearing and grubbing shall also include the removal of surface and subsurface obstructions such as abandoned sign posts, small roots, rocks, or other materials that may interfere with grading, excavation, or construction. All materials resulting from clearing and grubbing shall be removed from the site and properly disposed of in accordance with applicable laws and regulations. Burning or burying debris on-site will not be permitted. Topsoil that is suitable for reuse, as determined by the City Engineer, shall be stockpiled and protected from contamination or erosion for later use in landscaping or finish grading. The Contractor shall protect existing improvements, utilities, and trees designated to remain. Damage to such improvements shall be repaired or replaced at no additional cost to the City.

Unclassified excavation within the median and other designated areas shall include all excavation necessary for construction improvements, including but not limited to amended backfill, topsoil, mulch, maintenance band, landscaping, and irrigation systems. Work shall include, but is not limited to, Saw-cutting and removal of existing pavement, hardscape, base material, boulders, vegetation, and other surface features. Excavation and removal of unsuitable materials to the required subgrade elevations. Excavation to depths of 18 inches and 42 inches, as shown on the Plans or directed by the City Engineer. Grading, compaction, sheeting, shoring, and dewatering, as necessary to achieve the specified subgrade conditions. Disposal of all excavated materials not suitable for reuse at an approved off-site facility.

The Contract LUMP SUM (LS) price bid for Clearing and Grubbing and Unclassified Excavation shall include full compensation for removals, furnishing all labor, tools, equipment and incidentals and for doing all the work involved, and no additional compensation will be allowed.

BID ITEM 5: REMOVE MEDIAN CURB
The work under this item shall consist of removing existing median curb and subgrade within the project limits as shown on the Plans or as directed by the City Engineer. Removal shall include saw cutting along the limits of removal to provide a clean, straight edge and prevent damage to adjacent improvements designated to remain. All removed materials, including concrete, reinforcing steel, and debris, shall be excavated, loaded, hauled, and properly disposed of at an approved off-site disposal facility. The Contractor shall exercise care to avoid damage to existing median paving, landscaping, irrigation, and other improvements not designated for removal. Any damage to such improvements shall be repaired or replaced to the satisfaction of the City Engineer at no additional cost to the City. The exposed surface after removal shall be graded, compacted, and left in a neat and safe condition ready for subsequent construction.

Payment for Remove Median Curb shall be made at the contract unit price per LINEAR FOOT (LF) and shall include full compensation for saw cutting, removal, hauling, and disposal of existing materials; protection of adjacent improvements; grading and compacting of the exposed area; and all labor, materials, equipment, tools, and incidentals necessary to complete the work as specified. No additional compensation will be allowed therefore.

BID ITEM 6: REMOVE EXISTING DECORATIVE CONCRETE PAVING
The Contractor shall sawcut and remove existing decorative concrete paving, including any underlying base or bedding material, to the limits shown on the Plans or as directed by the City

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Engineer. Work shall include the removal and lawful off-site disposal of all concrete, reinforcement, sand bedding, and other associated materials. Care shall be taken to avoid damage to adjacent improvements such as asphalt pavement, curb and gutter, landscaping, irrigation systems, utilities, or other facilities to remain in place. All saw cuts shall be made in neat, straight lines, providing uniform edges suitable for new construction. Following removal, the subgrade shall be left compacted, smooth, and free of debris, ready for subsequent improvements.

Payment for the Remove Existing Decorative Concrete Paving item shall be included in the Contract unit price per SQUARE FOOT (SF) price bid. Work under this item shall include, but not be limited to, the cost of all labor, tools, equipment and materials to excavate, remove and dispose of existing decorative concrete paving; and all other work items as required to complete the work.

BID ITEM 7: REMOVE EXISTING TREE AND ROOTS
The Contractor shall remove existing tree(s), including stump and root system, to a minimum depth of 36 inches below existing grade or as directed by the City Engineer. All roots that may conflict with proposed improvements, including pavement, curb, sidewalk, or utilities, shall be fully removed. Following removal, all voids shall be backfilled with compacted material meeting the requirements of Section 301 (“Subgrade Preparation”) of the Standard Specifications to a minimum 95 percent relative compaction. The finished surface shall match the surrounding grade.

The Contractor shall protect adjacent improvements from damage during tree and root removal operations and shall comply with all City of Laguna Hills tree removal regulations and applicable environmental or nesting bird protection requirements. All debris, wood, and green waste shall be removed from the site and properly disposed of at an approved disposal facility.

Payment for the Remove Existing Tree and Roots bid item shall be included in the Contract unit price per EACH (EA) price bid per tree and shall include removing the root system to at least 36- inches below the finished ground. No trees shall be removed unless approved by the city Arborist and the engineer. No additional compensation will be allowed therefore.

BID ITEM 8: REMOVE 12” THICK EXISTING AC AND BASE
The work under this item shall consist of removing existing asphalt concrete pavement and subgrade to a depth of 12 inches, including underlying base material as necessary, within the limits shown on the Plans or as directed by the City Engineer. Removal shall include saw cutting the perimeter of the removal area to provide a clean, straight edge and prevent damage to adjacent pavement to remain. All asphalt concrete and base material shall be excavated, loaded, hauled, and properly disposed of at an approved off-site disposal facility. Where required, the Contractor shall protect existing utilities and improvements during removal operations. Any damage to existing improvements or utilities shall be repaired or replaced at the Contractor’s expense. The exposed subgrade shall be compacted to 95% minimum relative compaction and maintained in a smooth, firm, and unyielding condition until subsequent pavement replacement or structural section work begins.

Payment for Remove 12” Thick Existing AC and Base shall be made at the contract unit price per CUBIC YARD (CY) and shall include full compensation for saw cutting, removal, excavation, hauling, and disposal of asphalt and base materials; compaction of exposed subgrade; protection of existing improvements; and all labor, materials, equipment, tools, and incidentals necessary to complete the work as specified. No additional compensation will be allowed therefore.

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BID ITEM 9: CONSTRUCT TYPE A1-8 CURB PER SPPWC STD PLAN 120-3 OVER 6” CMB The work under this item shall consist of furnishing all labor, materials, tools, and equipment necessary to construct Type A1-8 concrete curb in accordance with SSPWC Standard Plan 120- 3, over a 6-inch compacted Crushed Miscellaneous Base (CMB), as shown on the Plans or as directed by the City Engineer. The work shall include:
1- Subgrade preparation: Excavation and compaction of the subgrade to 90% minimum relative compaction to the required grades. Aggregate base: Placement and compaction of 6” thick Crushed Miscellaneous Base (CMB) to 95% minimum relative compaction . 2- Formwork: Setting forms to the correct line and grade. Forms shall be maintained to prevent displacement during placement.
3- Concrete placement: Furnishing, placing, and finishing concrete of the required strength and mixing per City standards.
4- Finishing and joints: Smooth trowel and light broom finish as required, with construction and control joints in accordance with SSPWC specifications. 5- Curing and protection: Curing concrete to achieve required strength, and protecting work from traffic, weather, and damage until cured. Cleanup: Removal of debris, excess material, and cleanup of the site.

Payment for Construct Type A1-8 Curb over 6” CMB shall be made at the contract unit price per LINEAR FOOT (LF) and shall include full compensation for furnishing all labor, materials, equipment, forms, subgrade and base preparation, concrete, finishing, curing, and all incidentals necessary to complete the work as specified. No additional compensation will be allowed.

BID ITEM 10: CONSTRUCT DECORATIVE CONCRETE PAVING – 4” THICK The work under this item shall consist of furnishing all labor, materials, tools, and equipment to construct decorative concrete paving 4 inches thick, as shown on the Plans or as directed by the City Engineer.

The decorative concrete paving shall include:
1- Concrete mix: 4” thick, reinforced as required, with strength, slump, and mix design per City standards and APWA Section 302.
2- Finishing: Decorative finish as specified, which may include stamped patterns, integral color, exposed aggregate, or surface treatments to match existing. 3- Control joints: Sawcut joints shall be provided at intervals as shown on the Plans or as directed to control cracking.
4- Subgrade preparation: The Contractor shall prepare and compact the subgrade to the required density and grade. Any subbase material, leveling course, or aggregate base shall be installed per Plans and City standards.
5- Curing: The concrete shall be cured per APWA Section 302-7 and as specified for decorative concrete to ensure proper strength and durability.

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6- Protection: The Contractor shall protect the work from damage due to traffic, weather, or adjacent construction until fully cured.

Payment for Construct Decorative Concrete Paving 4” Thick shall be made at the contract unit price per SQUARE FOOT (SF) and shall include full compensation for furnishing all labor, materials, equipment, tools, formwork, subgrade preparation, curing, finishing, jointing, and all incidentals necessary to complete the work as specified. No additional compensation will be allowed.

BID ITEM 11: CONSTRUCT 12" THICK DEEP LIFT AC
This work shall consist of furnishing all labor, materials, tools, and equipment necessary to construct a 12-inch-thick deep lift Asphalt Concrete (AC) pavement in accordance with these specifications, the project plans, and as directed by the Engineer.

Payment for Construct 12” Thick Deep Lift AC be made at the contract unit price per TON (TN) and shall include full compensation for furnishing all labor, materials, equipment, tools, formwork, subgrade preparation, curing, finishing, jointing, and all incidentals necessary to complete the work as specified. No additional compensation will be allowed.

The bottom 10.5” AC shall be Type B PG 64-10 placed in 3 lifts.

The top 1.5” AC shall be Type D PG 64-10 placed in 1 lift.

BID ITEM 12: RELOCATE MONUMENT AND FOOTING, MODIFY IRRIGATION AND

LANDSCAPE
The work under this item shall consist of furnishing all labor, materials, tools, and equipment necessary to remove and relocate the existing monument sign and its footing to a new location as shown on the Plans or as directed by the City Engineer. Work shall also include constructing a new concrete foundation equivalent to the existing and modifying all affected irrigation and landscaping to match the surrounding conditions.

The work shall include, but is not limited to:
1- Monument Sign Relocation: Carefully remove the existing monument sign and footing, transport it to the new location, and reinstall it in a new foundation. The relocated sign shall be plumb, level, and securely installed to match the original condition. 2- Irrigation Modifications: Adjusting, relocating, or replacing existing irrigation piping, valves, and heads to accommodate the new sign location and modified landscaping.

Irrigation shall function correctly and meet water efficiency requirements. 3- Landscape Modifications: Removal, pruning, relocation, or replacement of plants, ground cover, or mulch as needed to accommodate the relocated sign. Installation of new plant material shall comply with City standards for size, spacing, and species. 4- Site Restoration: Backfilling, grading, and restoration of disturbed areas to match surrounding landscape conditions. Protect existing landscaping, irrigation, and improvements during construction.

Payment for Relocate Monument Sign and Foundation, Modify Irrigation and Landscape shall be made at the contract unit price per LUMP SUM (LS) and shall include full compensation for

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furnishing all labor, materials, equipment, excavation, irrigation modifications, landscape modifications, site restoration, and all incidentals necessary to complete the work as specified.

No additional compensation will be allowed.

BID ITEM 13: TEMPORARY AND PERMANENT SIGNING, STRIPING, AND MARKINGS Payment for Temporary and permanent signing, striping, and markings shall be per the LUMP SUM (LS) price bid, and shall constitute full compensation for furnishing all labor, materials, tools and equipment including, but not limited to, removal and disposal of sign posts and footings, furnishing and installing new posts and signs, removal of existing striping and markings by wet sandblasting, removal of existing raised pavement markers (RPM's), installation of new striping and markings, new RPM's, and incidentals as required to complete the work and as directed by the Engineer. No additional compensation will be allowed therefor.

BID ITEM 14: CONNECT AND EXTEND IRRIGATION SLEEVES
The work under this item shall consist of connecting to and extending existing irrigation sleeve and pipe, including all necessary fittings and materials, within the limits shown on the Plans or as directed by the City Engineer. Depth, size and material shall match existing. The work shall include minor excavation as required to expose existing irrigation lines and sleeves, connection of irrigation piping on both sides of the sleeve, and restoration of disturbed areas to match adjacent conditions. All connections shall be watertight and compatible with the existing irrigation system. The Contractor shall protect existing irrigation facilities, landscaping, and improvements during construction. Any damage to existing irrigation systems or improvements shall be repaired or replaced at the Contractor’s expense.

Payment for Connect and Extend Irrigation Sleeves shall be made at the contract unit price per EACH (EA) and shall include full compensation for furnishing all labor, materials, equipment, tools, excavation, connections, testing, restoration, protection of existing improvements, and all incidentals necessary to complete the work as specified. No additional compensation will be allowed, therefore.

BID ITEM 15: PUBLIC IMPROVEMENT PROJECT SIGN
See Section 215-2 Public Improvement Project Signs
BID ITEM 16: BEST MANAGEMENT PRACTICES/WATER POLLUTION CONTROL PLAN See 10-4 Water Pollution Control
2-1.3 STORMWATER BEST MANAGEMENT PRACTICES (BMPs)
The Contractor shall implement and maintain Stormwater Best Management Practices (BMPs) within the project limits as shown on the Plans and as directed by the City Engineer. Work shall include the furnishing, installation, inspection, maintenance, repair, relocation, replacement, and removal of all temporary and permanent stormwater pollution control measures necessary to prevent the discharge of pollutants from the construction site.

BMPs shall be installed prior to the start of soil-disturbing activities and shall be maintained in effective operating conditions throughout the duration of construction.

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The Contractor shall inspect BMPs on a regular basis and shall promptly repair, replace, or modify BMPs as required due to weather events, construction activities, or changing site conditions.

Accumulated sediment shall be removed and disposed of in accordance with applicable laws and regulations. BMPs damaged by construction operations or storm events shall be restored immediately at no additional cost to the City.

The Contractor shall protect existing storm drain facilities, waterways, and adjacent properties from sedimentation, erosion, and pollution. Any discharges, violations, or enforcement actions resulting from the Contractor’s operations shall be corrected immediately and shall be the sole responsibility of the Contractor.

Stormwater BMPs shall be considered incidental work and shall not be paid separately.

The contract prices bid for the various bid items shall include full compensation for furnishing all labor, materials, tools, equipment, inspections, maintenance, removals, and incidentals necessary to perform the Stormwater BMP work, and no additional compensation will be allowed.

See 10-4 Water Pollution Control.
2-2 PERMITS. [Add the following to this section]:

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

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

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

The Contractor shall verify that the acquisition(s) is completed prior to beginning any work outside of the public right of way. All cost for re-mobilization, downtime, etc. due to delays in obtaining the required rights of way, easements and rights of entry shall be included in all other items of work and no additional compensation will be allowed. In the event the required easements have not yet been acquired by the City, the Contractor shall conduct its operation so as to confine its work to the limits of the existing right-of-way.
2-4 COOPERATION AND COLLATERAL WORK. [Add the following]:

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

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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.
2-8 EXTRA WORK.
2-8.2 Payment.
2-8.3 Markup.
(a) Work by Contractor. [Add the following to this section]: The following percentages shall be the maximum added to the Contractor's costs and shall constitute the markup for all overhead and profits:
1) Labor 20%
2) Materials 15%
3) Equipment Rental 15%
4) Other Items and Expenditures 15%
To the sum of the costs and markups provided for in this subsection, 1 percent shall be added as compensation for bonding.
(b) Work by Subcontractor. [Add the following to this section]: When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of five (5) percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.

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

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

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

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

SECTION 3 – CONTROL OF THE WORK.
3-10 SURVEYING.
3-10.3 Survey Services. [Add sub-section]:

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

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

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

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

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

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

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

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

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

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

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

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

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damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.

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

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

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

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

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

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

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

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

All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. 5-4.5.7 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 subcontractors. 5-4.5.8Evidence of Coverage.

Concurrently with the execution of the Agreement, Contractor shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage 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.

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5-4.5.9 Requirements Not Limiting.

Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property. 5-4.5.10 Enforcement of Agreement (Non-Estoppel).

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

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

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

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

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

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It is Contractor’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

E. Contractor agrees to ensure that subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.

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

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

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

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For claims received by Contractor:
(1) Contractor shall provide City on a monthly basis details regarding any claim for damages to persons or property, including, date claim made, date of alleged damages, type of damages, alleged cause of damages and, as claims are resolved, details regarding Contractor’s denial or payment of such claim and the reasons for denial or payment. (2) Contractor shall resolve or deny any claim received within thirty (30) days of receipt. If Contractor is unable to resolve a claim within the thirty (30) days set forth above, it shall, prior to the expiration of the thirty (30) days request and extension in writing from the City.

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

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

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

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

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

5.7.2 Safety Orders

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

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

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

In accordance with Section 6705 of the Labor Code, prior to any excavation involving an expenditure in excess of twenty-five thousand dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit to Engineer a written detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches.

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

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

In accordance with Section 7104 of the Public Contract Code, any public works contract which involves excavations that extend deeper than four feet below the surface shall provide as follows:
(a) That the Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:
(1) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally as inherent in work of the character provided for in the contract.
(b) The local public entity shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the contract. (c) That, in the event that a dispute arises between City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

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5-7.2.2.1 Storage of Equipment and Materials in Public Streets. [Add the following section]:

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

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

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

The Contractor shall schedule the order of his work such that no travel lanes are closed before 8:30 A.M. or after 4:30 P.M. daily. A minimum of one through travel lane and all turning lanes in all directions with flaggers will be required at all times. The same number of travel lanes currently in use shall be opened to traffic during non-working hours. No street closures shall be made unless indicated on the approved traffic control plans. The traffic signal and traffic signal detectors shall remain operational continuously during the construction, and traffic loops that require replacement shall be disrupted no more than 5 calendar days before their replacement.

No weekend work (day or night) will be allowed, unless otherwise specified on the Plans or as approved by the City.

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

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

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

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

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

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

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

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

Where on-street parking is not allowed, the Contractor shall be required to post "Temporary No Parking" signs 48 hours prior to start of work. The Contractor will furnish the notification to property owners as mentioned in Section 7-10.1 and the “Temporary No Parking” signs.

No construction activities will be allowed on streets that are receiving trash pick-up services on the same day. A copy of the CR&R Waste Collection Map is available on the City’s website. The Contractor shall coordinate with the trash hauler in preparing the construction schedule. The Contractor shall provide a map showing the schedule of the work, which should coordinate with the trash and mail schedule, to the City at the preconstruction meeting.

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

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

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

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

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

5. Street Sweeping: Sweeping Corp of America, (949) 413-0165

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

7. Fire Department: Station 22, (949) 770-6016

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

All existing stop signs, street name signs and regulatory signs shall be maintained in visible locations during construction. Where construction detours and signing conflict with existing

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signing, the Contractor shall cover existing signs in a manner approved by the City. The Contractor shall also provide temporary traffic restriping, or reflective white or yellow plastic tabs, at the conclusion of each working day, if not sooner, as directed by the City, for any centerline, painted median or lane line that is obliterated by construction.

The Contractor shall provide temporary delineation as directed/approved. Temporary delineation shall include sandblasting of conflicting markings; installation and removal of temporary centerlines or lane lines, detour signing, barricading; and replacement of traffic lines and markings in their proper locations upon termination of the detour. Conflicting existing and temporary striping, as required for traffic control during construction, shall be removed by the Contractor by using wet nozzle sandblasting methods with immediate clean up of residues.

Blacking-out of the pavement striping will not be allowed. Temporary reflective striping tape or reflective plastic tabs may be used, except that it shall not be applied to final asphalt surfaces.

Said tape or tabs shall be removed from temporary surfaces prior to placement of additional asphalt.

The Contractor shall also be responsible for notifying adjacent businesses, residents (of affected residential tracts), and entities listed above, in writing seven (7) days in advance of any work that involves limited access. Said notice shall be reviewed and approved by the City in advance of its circulation. Contractor shall provide verification to the City that proper circulation of the notice has been accomplished.

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

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

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

Flashing Arrow Signs:

Each flashing arrow sign shall be solar powered, mounted on a truck or on a trailer and shall be capable of operating while the vehicle is moving or as directed by the City.

Signs mounted on the cab of a truck shall be mounted to provide a minimum of 7 feet between the bottom of the sign and the roadway. Signs mounted on a trailer, or on anything other than the cab of a truck, shall be mounted to provide a minimum of 8 feet between the bottom of the sign and the roadway.

The total weight of trailer mounted flashing arrow sign including the trailer, sign, power source and other components shall not exceed 1,500 pounds and the height of the level trailer bed shall

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be no higher than 21 inches above the roadway. The trailer shall be equipped with a minimum of 3 leveling jacks.

Alternative types of lamps may be used in flashing arrow signs if visibility is equal to the specified lamps. Each type AX flashing arrow sign shall be a minimum of 2 feet high and 4 feet wide, and shall be finished with flat black enamel. A minimum of 13 No.4414AX 12-volt, yellow or amber lamps shall be installed in the panel. The lamp configuration shall be for 3 arrowheads or an arrow shaft with 2 arrowheads, one pointing in each direction on the face of the sign with a minimum of 5 lamps forming each arrowhead. Each lamp shall be provided with a visor.

The lamp shall be activated by a switch on a control panel and shall be controlled by electronic circuitry to provide a minimum of 4 selectable modes of operation as follows:

1. Pass Left Mode, - Sequencing of lighted arrowheads or sequencing the lamps forming the arrow shaft and arrowhead to the left or a flashing left arrow with the lamps in the arrow shaft and arrowhead flashing on and off simultaneously.

2. Pass Right Mode, - Sequencing of lighted arrowheads or sequencing the lamps forming the arrow shaft and arrowhead to the right or a flashing right arrow with the lamps in the arrow shaft and arrowhead flashing on and off simultaneously.

3. Simultaneous Mode, - Either the outside arrowheads pointing in opposite directions are continuously illuminated, except for the center lamp forming each arrowhead, while the arrow shaft lamps flash on and off simultaneously or the outside arrowhead pointing in opposite directions and the arrow shaft lamps all flash simultaneously to indicate passing on either side.

4. Travel Mode, - Travel or caution mode shall flash in a manner not resembling any other mode.

Lane Requirements:

There shall be a minimum of 5’ clearance from open excavations and two feet from other obstructions (curbs, k-rail, etc). All lanes shall be open to traffic during non-working hours.

The Contractor shall be required to use flashing arrow signs at all lane closures to direct travel and appropriate detour signing to control traffic through and/or around the construction area.

The Contractor will not be allowed to excavate a larger quantity of area (“digouts”) than can successfully be repaved in the same working day. No incomplete paving work will be allowed to remain during the hours designated as requiring “all” lanes open to traffic, except in specific instances in which a minor amount of area can safely be covered by approved means with non-skid steel plates, capable of carrying H-20 wheel loading, or patched with temporary AC to bring the excavation up to grade. Said temporary AC shall be ground down to permanent AC sub-grades and approved by the City prior to placement of any additional permanent AC.

Excavations of less than 4’ in width may be covered with non-skid steel plates capable of carrying H-20 wheel loading over the span of the excavation. Plates shall have a minimum width equal to the excavation width plus 24 inches and be securely fastened to the street surface. Asphalt fillers, a minimum of 6 inches wide shall be placed around the perimeter of the plate. When traffic is transferred to any type of temporary pavement surface good drivability of the surfaces shall be maintained and shall be subject to approval by the City prior to allowing traffic to be transferred upon it.

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

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

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

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

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

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

Schedules shall show the order in which the Contractor proposes to carry out the work with logical links between time-scaled work activities, and calculations made using the critical path method to determine the controlling operation or operations. The Contractor is responsible for assuring that all activity sequences are logical and that each schedule shows a coordinated plan for complete performance of the work.

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

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

Schedule activities shall include the following:

A. A clear legible description.

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B. Start and finish dates.

C. A duration of not less than one working day, except for event activities, and not more than 20 working days, unless otherwise authorized by the Engineer.

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

E. Required constraints.

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

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

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

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

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

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

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

In order to recover additional costs due to acceleration, the Contractor must document that additional expenses were incurred and paid by the Contractor. Labor costs recoverable will only be overtime or shift premium costs or the cost of additional laborers brought to the site to accomplish the accelerated work effort. Equipment costs recoverable will only be the cost of added equipment mobilized to the site to accomplish the accelerated work effort. 6-2 PROSECUTION OF THE WORK [Replace the first sentence the following:]

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To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligent prosecute the Work to completion and ensure that the construction of ARHM or FRAC overlay for any given portion of the roadway is completed no later than two (2) working days following the cold-milling of the same portion of roadway. [Add to this section]
Construction Phasing/Scheduling Limitations:
• Construction Phasing:
o Contractor shall submit a construction phasing plan to the City for review and approval prior to starting work. Phasing plans shall be prepared in accordance with the phasing requirements and the conditions included in the project specifications. • Traffic Control:
o Traffic Control setup at each location shall confirm to CA-MUTCD (Latest Edition) requirements and typical applications and shall be maintained on a daily basis by the contractor.
• Resident Access:
o Contractor shall ensure that access is maintained in the morning and open by the end of each working day for each resident within the project limits. Working hours, as stated in Section 6-3, shall be maintained, and the contractor’s operations shall be phased in such a manner to allow full access to residents during non-working hours.
• Localized Concrete Improvements (Curb/Gutter, Ramps, etc.):
o All concrete improvements shall be completed prior to the start of any pavement grinding or reconstruction activities.
o Contractor’s operations shall be scheduled in such a way that no ramp or portion of sidewalk is left excavated, demolished, or formed over the weekend. o It shall be the contractor’s responsibility to properly barricade the work area during non-working hours and to set up appropriate pedestrian detour/signage until the work is completed
o Driveway access to each property shall be maintained at the end of each working day. Contractor shall ramp or plate the driveways to maintain access. • Reconstruction Roadway Sections:
o For roadways designated for reconstruction, phasing for each operation shall be scheduled as follows:
 CMB installation shall be completed on the same day as the roadway demolition activities. No segment shall be left open overnight, and full access shall be maintained at the start and end of each working day.

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 Base paving asphalt for roadway segments designated to be reconstructed shall be installed no later than 5 working days after the start of roadway demolition.
 Finished course paving for roadway segments designated to be reconstructed shall be installed no later than 10 working days after the base course paving operations for the given segment.
• Grind and/or Overlay Roadway Sections:
o For roadways designated for grind and/or overlay, phasing for each operations shall be scheduled as follows:
o Pavement transitions at the edge of each ground area shall be installed at the end of each work day and maintained for the duration of the project. o Pavement dig outs and patching shall be completed within 5 working days of the start of the pavement grinding operations.
o Final paving shall be installed no later than 2 working days after the start of the pavement grinding operations.
• Slurry Seal Roadway Sections:
o For roadways designated for slurry seal, phasing for each operation shall be scheduled as follows:
 Contractor shall first perform weed abatement and crack sealing on all roadway segments identified for slurry seal per the project specification requirements.
 Contractor shall locate and remove distressed portions of pavement per “Roadway Patching – Slurry Portion” below. No segment of Roadway Patching shall be left open overnight, and full access shall be maintained at the start and end of each working day.
 Cleaning, roadway preparations, application and finishing of the slurry seal shall occur the same day
• Roadway Patching – Mill & Overlay Portion:
o Roadway patching operations shall be scheduled PRIOR to the cold milling operations and prior to the final FRAC or ARHM overlay. o All localized roadway reconstruction patches shall be backfilled and compacted with base paving asphalt on the same day of excavation. No open excavations will be allowed at the end of the work day.
• Roadway Patching – Slurry Portion:
o Roadway patching operations shall be scheduled PRIOR to the final RAP Slurry Seal.

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o All localized roadway reconstruction patches shall be paved and compacted with base paving asphalt on the same day of excavation. No open excavations will be allowed at the end of the work day.
• Asphalt Paving:
o Roadway closures on arterial streets will not be allowed. o Contractor to coordinate with City regarding pavement phasing and requested work limits.
o Roadway paving shall occur no later than 2 working days after the date of the cold milling operation.
6-3 TIME OF COMPLETION.
6-3.1 General. [Add the following to this section]:

The time for completion shall be as set forth in the General Specifications. “The Contractor shall complete all work under the Contract within fifty (50) consecutive working days after the date on the Notice to Proceed.

The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work.”
Working Days. “Any City holiday, defined as January 1st, the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th through December 31st.”
Working Hours. Normal working hours are limited to 8:30 a.m. to 4:30 p.m., Monday through Friday.

The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above.

Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:30 a.m. to 4:30 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $205.00 per hour when such time periods are approved.
6-3.2 Contract Time Accounting. [Add the following to this section]:

The Contractor's activities shall be confined to the hours between 8:30 AM and 4:30 PM, Monday through Friday, excluding holidays, unless otherwise specified. Slurry seal application operations, if any shall terminate no later than 1:30 PM of each working day or at the determination of the Engineer. Slurry seal application operations shall occur within two (2) days after scheduled trash

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pickup days. Work shall be prohibited any time on Saturday, Sunday or Federal Holidays except as provided herein. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property.

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

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

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

Work will be deemed completed on the same date when the Notice of Completion is recorded with the County of Orange.
6-4 DELAYS AND EXTENSIONS OF TIME
6-4.1 General [Add the following to the end of this section:] No time extension shall be granted unless the claimed delay meets each and every of the following conditions:
(a) The delay was caused by unforeseen events and was beyond the control of Contractor and its subcontractors and material suppliers;
(b) The delay was caused by events of which Contractor was not advised at or before the time of bidding;
(c) The delay impacted and delayed (i) the controlling items of Work (i.e., the as-built critical path, as determined from the as-planned schedule and the actual progress of the Work), or (ii) the Completion of the whole Work within the Contract time; (d) The delay was not caused by Contractor or its subcontractors or suppliers, including but not limited to their breaches of contract or the standard of care; (e) The delay was not associated with loss of time resulting from the necessity of submittals to CITY for approval, or from necessary CITY surveys, measurements, inspections and testing; (f) The delay was not caused by usual or common weather for the time of year, including usual or common severe weather; and
(g) The delay could not have been prevented by the exercise of care, prudence, foresight, and diligence by Contractor.

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Excusable delays may include acts of God, acts of public enemy, acts of the Owner or anyone employed by it, acts of another contractor in performance of a contract (other than this Contract) with the CITY, fires, floods, epidemics, quarantine restrictions, labor disputes, unusually and uncommonly severe weather for the time of year, unforeseen site conditions, or delays of subcontractors due to such causes. CITY shall take into consideration other relevant factors such as concurrent delays.

Contractor has the burden of proving that any delay was excusable, including but not limited to an analysis that establishes no concurrency.

No extension of time will be granted for an excusable delay caused by a shortage of materials unless the Contractor furnishes to the Engineer documentary proof that the Contractor has made every effort to obtain the materials from all known sources within reasonable reach of the Work in a diligent and timely manner, and further proof in the form of supplementary progress schedules that the inability to obtain the materials when originally planned did in fact cause a delay in final Completion of the entire Work which could not be compensated for by revising the sequence of the Contractor's operations. The term "shortage of materials" shall apply only to materials, articles, parts or equipment which are standard items and are to be incorporated in the Work. The term "shortage of materials" shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the contract. Only the physical shortage of material will be considered under these provisions as a cause for extension of time. Delays in obtaining materials due to priority in filling orders will not constitute a shortage of materials. 6-4.3 Payment for Delays [Replace paragraph with the following:] To be compensable, an excusable delay must be one for which the CITY is responsible, where the delay was unreasonable under the circumstances involved, and where the delay was not within the contemplation of the parties; however, Contractor shall not be entitled to monetary compensation when (a) Contractor could have reasonably anticipated the delay and avoided or minimized the cost impacts of it, such as judicious handling of forces, equipment, or plant, (b) there was a concurrent delay which does not qualify for monetary compensation under this paragraph, (c) the cause of the delay was reasonably unforeseen by the CITY or the delay was caused by factors beyond the control of the CITY, including but not limited to a delay under Section 2.2.8 above or a delay caused by a utility company’s failure to perform despite CITY’s reasonable arrangements for such performance; or (d) any other defense available to CITY under law or equity applies. Contractor has the burden of proving that any delay was excusable and compensable, including an analysis that establishes non-concurrency.

The Contractor may not seek damages for delay of a planned Completion of the Work before the contractual deadline for Completion of the Work.
6-9 LIQUIDATED DAMAGES. [Add the following to this section]:

It is agreed by the parties to the Contract that time is of the essence and that in the case that all the work is not complete before or upon the expiration of the time limit set forth, damage will be sustained by the City. For each consecutive calendar day in excess of the time specified for the completion of the work, the Contractor shall pay to the City $2,500.00. In addition, the City shall have the right to charge to the Contractor and to deduct from payments for the work the actual cost to the City of engineering, inspection, superintendence, and other overhead expenses, which are directly chargeable to the Contract and which accrue during the period of such delay. The expenses and damages described above shall be deducted from any money due the Contractor under this contract. The Contractor and his sureties shall be liable for any excess cost.

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6-9.1 Additional Liquidated Damages. [Add the following section]:

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

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

Additional liquidated damages shall be assessed in the amount of $1,000.00 per day for failure to complete adjustment of the manhole covers to grade within the time limits specified in Section 302-5.8 of these Special Provisions.

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

Additional liquidated damages shall be assessed in the amount of $1,000.00 per day for failure to pave any portion of street after cold milling within the time limits specified in Section 302-1 of these Special Provisions.

Additional liquidated damages shall be assessed in the amount of $1,000.00 per day for failure to place concrete sidewalk and/or curb ramps after demolition of said concrete within the time limits specified in Section 303-5.1.1 of these Special Provisions.

Additional liquidated damages shall be assessed in the amount of $500.00 per incident that the Contractor reduces the traveled way width beyond the hours specified in Section 7-10 of these Special Provisions without written authorization from the City.

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

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

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

The closure date for periodic progress payments will be five (5) working days prior to the first Monday of each month. The final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as-constructed conditions. The

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City shall withhold from the final payment $15,000 in the event that the Contractor fails to return the control set of Plans and Specifications showing the as-constructed conditions.

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

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

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

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

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

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

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

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

The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion. . The City may withhold from release of the final retention amounts authorized under Public Contracts Code Section 7107 and/or 125% of amounts identified in any Stop Notices received by the City.

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7-3.3 Delivered Materials. [Add the following to this section]:

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

Mobilization shall consist of preparatory work and operations, including but not limited to those necessary for the movement of personnel, equipment, supplies, and incidentals to the Project site; for the establishment of all offices, buildings and other facilities necessary for the work on this Project; and for all other work and operations which must be performed or cost incurred prior to beginning work on the various contract items on the Project site. Mobilization is deemed to include all aspects of mobilization and de-mobilization work occurring during the life of the Project for any reason.

Full compensation for mobilization shall be included in the Contract LUMP SUM price bid for Mobilization and shall include full compensation for all costs incurred by the Contractor for doing all the work involved in mobilization as specified herein, and no additional compensation will be allowed. Mobilization shall not exceed 5% of the entire bid, excluding mobilization and as shown in the Proposal Bid Sheet.
7-3.5 Contract Unit Prices
7-3.5.1 General. [Replace with the following]:

If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then no adjustment in payment will be made regardless of the quantity of work performed.

If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per 7-3.7. 7-3.5.2 [Delete entire section]
7-3.5.3 [Delete entire Section]
7-3.7 Agreed Prices. [Replace with the following]:

Agreed Prices are prices for new or unforeseen work established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance with Section 7-4. 7-4 PAYMENT FOR EXTRA WORK.
7-4.2 Basis for Establishing Costs.
7-4.2.1 Labor [Amend as follows]:

Delete “Workers Compensation Insurance and Liability Insurance” from the “employer payments” in the first paragraph.

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7-4.3 Markup.
7-4.3.1 Work by the Contractor. [Replace with the following]:

The following percentages shall be the maximum added to the Contractor’s costs and shall constitute the markup for all overhead, profits, Workers Compensation Insurance & Liability Insurance;
1) Labor 20
2) Materials 15
3) Equipment Rental 15
4) Other Items and Expenditures 15
To the sum of the Costs and markups provided for this subsection, one percent shall be added as compensation for bonding. In any event, notwithstanding the above markups, the total labor mark-up shall not exceed 33% of the base labor hourly pay rate. No additional compensation shall be allowed.
7-4.3.2 Work by a Subcontractor. [Replace with the following]:

When all or any part of the extra work is performed by a Subcontractor, the markup established in 7-4.3.1 shall be applied to the Subcontractor’s actual cost of work. A markup of ten percent (10%) on the first $5,000 of the subcontracted portion of the extra work and a markup of five percent (5%) on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.

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

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

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

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

No field office costs will be paid until such an agreement is reached between the City and the Contractor and the change order concerning this daily rate is executed by both parties. Progress

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payments will be withheld pending receipt of the above-referenced cost submittal and executed change order.

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

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

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

SECTION 10 - RESPONSIBILITIES OF THE CONTRACTOR [Add this section]:
10-1 CONTRACTOR'S EQUIPMENT AND FACILITIES.
10-1.1 General.

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

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

The Contractor is advised as to the possibility of other construction projects within the proposed construction zone by the City, other governing agencies or private enterprises. In the event of such projects, the Contractor shall coordinate with the applicable parties as to the extent of any time required to complete their work and shall schedule its work and conduct its operations so as to permit access and time as required for the concurrent work. The Contractor shall immediately notify the City Engineer in the event of a delay in scheduling caused solely by this concurrent

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work. Payment for the above, if any, shall be deemed as included in the items of work as shown on the proposal bid sheet and no additional compensation will be allowed. 10-3 PROJECT SITE MAINTENANCE.
10-3.1 Cleanup and Dust Control.

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

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

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

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

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

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

No separate payment will be made for any work performed or material used in cleaning the Project. Full compensation for such cleaning shall be considered as included in the price paid for the various items of work involved and no additional compensation will be allowed therefore.

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10-4 WATER POLLUTION CONTROL
10-4.1 Best Management Practices (BMPs)
Per the Federal Clean Water Act, the Contractor is required to eliminate pollution to waters of the United States in regards to this Project. This Project will require the Contractor to implement “Best Management Practices”.

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

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

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

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

1. San Diego Regional Water Quality Control Board

2. Santa Ana Regional Water Quality Control Board

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

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damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work.

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

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

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

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PART 2 - CONSTRUCTION MATERIALS
SECTION 200 – ROCK MATERIALS
200-1 ROCK PRODUCTS.
200-1.1 General. [Add the following to this section]:

Alternate Rock Material - Type "S" is specified unless otherwise indicated.

The weight loss as determined by ASTM C131, shall not exceed 15 percent during 100 revolutions nor 52 percent during 500 revolutions.

Specified gradations represent the limits which determine the suitability of aggregate for use.

Actual gradation shall be uniformly graded from coarse through fine, remaining proportionately distant from these limits
Coarse aggregate is material retained on the No. 4 (4.75 mm) sieve and fine aggregate is material passing the No. 4 (4.75 mm) sieve.

Materials may be sampled at any time until final formal acceptable of the Work. 200-1.1.3 Source. [Add the following section]:

Before beginning Portland cement concrete and asphalt concrete work, the Contractor shall submit the name of the supplier to the Engineer as specified in 3-8. The supplier shall have on file with the Agency mix designs for Porland cement concrete conforming to 201-1.1, and asphalt concrete conforming to 203-6.2, when required by Specifications. 200-1.1.2 Statistical Testing. [Add the following to this section]:

Whenever the results of an individual test for any property of a material, other than concrete compressive strength, does not comply with the limits specified for the moving average should the next test be of the same value as that of the test being considered, the production of that material shall be suspended until corrective changes have been made by the Contractor and test indicate that the quality of the next material to be used in the work complies with that specified moving average.

SECTION 201 – CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE.
201-1.1 Requirements.
201-1.1.1 General. [Add the following to this section]:

The same brand, type and source of cement and aggregate shall be used for all Portland Cement Concrete. All concrete used on the Project shall be 560-C-3250. Type V cement shall be used. 201-1.2 Materials.
201-1.2.1 Cement. [Add the following]:

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Portland cement shall be Type II or Type V.
201-1.2.5.3 Fly Ash. [Delete this Section and Add the following]:

Fly ash shall not be used.
201-2 REINFORCEMENT FOR CONCRETE.
201-2.2 Steel Reinforcement. [Add the following]:

All reinforcing steel shall be Grade 60 unless otherwise shown on Plans.

SECTION 203 - BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE.
203-6.1 General. [Add the following to the end of the subsection:] Asphalt concrete shall conform to the provisions of Subsection 400-1 "Rock Products" and Subsection 400-4 "Asphalt Concrete" as modified by Orange County Public Works Standard Plan 1805 and herein. The viscosity grade of paving asphalt shall be PG 64-10. The mix designs and asphalt content shall be as follows:

5.8% ½" (III-C-3) Surface Course

5.4% ¾" (III-B-2) Base Course

6.8% ⅜" (III-D) Leveling Course, Miscellaneous AC Placement (hand patching) Composition and Grading
The Contractor shall submit a Job Mix Formula (JMF) for review by the City for each source of supply and type of mixture specified. The JMF shall indicate the percentage aggregate passing each specified sieve size and the percent paving asphalt to be used for each asphalt concrete mixture incorporated in the work.

The aggregate and paving asphalt portions of the mixture produced shall not vary from the JMF by more than the tolerances, which follow, but in any case the allowed tolerance is also restricted to conform to the master grading ranges.

Sieve Size Percent by Weight
No. 4 and larger ±6
No. 30 ±5
No. 200 ±2
Paving Asphalt Material ±0.3
Sampling and Testing
The City Engineer shall have the right to obtain samples of all materials to be used in the work and to test such samples for the purpose of determining specification compliance. The primary sampling point by the testing laboratory will be at the project at the paving machine ahead of all rollers. Other testing may be at the job site, plant, or in trucks as determined by the City Engineer.

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Materials that failed the tests shall be replaced by the Contractor, and retesting for specifications compliance shall be at the Contractor's expense
The aggregate and mix to be incorporated into the work shall conform to the following quality requirements:

Test Test Results
Loss in LA Rattler per California Test 211 (after 500 revolutions) 45% maximum Sand Equivalent per California Test 217 45 minimum
Stabiliometer Value per California Test 366 35 minimum
Air Voids Content (mix) % 3% minimum to 5% maximum
SECTION 206 – MISCELLANEOUS METAL ITEMS [add the following section]:
206-7 TRAFFIC SIGNS.
206-7.1 General.

Traffic signs shall conform to Section 82 “Signs and Markers” of the Caltrans Standard Specifications.
206-7.2 Submittals.

The Contractor shall, in accordance with 3-8, submit shop drawings which show details, dimensions, sizes of material, manufacturer’s written material certificate of compliance, installation instructions, and all information and data necessary for the fabrication and installation of the traffic sign panels and mounting posts.

SECTION 211 - MATERIAL TESTS
211-1 COMPACTION TESTS
211-1.1 Laboratory Maximum Density [Replace with the following:] Laboratory maximum density tests shall be performed in accordance with Test Method No. Calif. 216G, Part II. The correction for oversized material as stated in Test Method No. Calif. 216 shall be replaced with Note 2 of ASTM D1557.

Proposed off-site fill material shall be inspected, tested and laboratory report issued prior to use in the work. Suitable excavated materials removed to accommodate new construction may be used as fill material subject to Soils Engineer's inspection and approval. 211-1.2 Field Density. [Add the following to this section]:

Field density tests will be made by the Engineer during the course of construction at the expense of the CITY. If field density tests indicate that any portion of the compacted sub-grade has density lower than that specified, the Contractor shall rework that portion until the specified density is obtained. Retest of areas, which have failed compaction, will be performed by the Engineer at the Contractor's expense.

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SECTION 214 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS [Replace the entire Section with the following]:
214-1 GENERAL.

Traffic stripes and pavement markings shall conform to the State Standard Specifications as described in these specifications.

SECTION 215 – ADDITIONAL ITEMS [Add the following Section]:
215-2 PUBLIC IMPROVEMENT PROJECT SIGNS
215-2.1 General.

The Public Improvement Project Signs shall be in accordance to the specifications set forth in the Section.
215-2.2 Sign Specifications.

Each Public Improvement Project Sign shall be manufactured in accordance with the following:
a) Size: 4 feet tall by 8 feet wide with at least a 7-foot clearance above ground level b) Materials: ¾-inch (exterior type) plywood (C-C EXT-DFPA grade) c) Support: 4-inch by 4-inch by 11-foot posts
d) Mounting: Frame shall be constructed using 2-inch by 6-inch by 8-foot skids centered on each post with a 2-inch by 4-inch by 5 feet 6 inch - 45 degrees brace for each skid and a 2-inch by 6-inch cross strut between the bottom of the posts all of bolted construction. Plywood panel shall be mounted using ¼- inch by 5-inch carriage bolts at 16 inch (max.) OC.
e) Paint:
a. Panel Face: Three coats outdoor enamel (sprayed)
b. Panel Rear and Frame: Two coats outdoor enamel (sprayed) f) Color Stark White background and Green lettering
g) Lettering: Silk screen enamels, Helvetica medium
h) Text:

MAJOR ROAD CONSTRUCTION
<<PROJECT NAME>>
<<PROJECT LIMITS>>
<<MONTH YEAR>> TO <<MONTH YEAR>>

EXPECT DELAYS

USE ALTERNATE ROUTES
i) Location: The signs shall be placed within the parkway, as directed by the Engineer, one (1) at each end of the Project limits.
j) Disposition: After the Notice of Completion is issued, the sign shall become the property of the Contractor and he shall dispose the sign at no expense to the City.

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215-2.3 Submittals.

The Contractor shall, in accordance with Section 215-2.2 of these Special Provisions Specifications, submit to the City, for review and approval, shop drawings which show details, dimensions, sizes of material, manufacturer’s written material certificate of compliance, and all information and data necessary for the fabrication and installation of the Public Improvement Project Signs.
215-2.4 Payment.

Public Improvement Project Sign shall be measured and paid for per EACH sign installed. The Contact unit price shown in the bid schedule shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved and no additional compensation will be allowed.

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PART 3 - CONSTRUCTION METHODS
SECTION 300 EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.1 General. [Add the following to this section]:

In addition to the work outlined in Subsection 300-1 of the Standard Specifications, the following items of work are included under Clearing and Grubbing unless otherwise covered by a specific bid item.

1. Mobilization work and operations per Subsection 7-3.4.

2. Documentation of existing conditions per Subsection 300-1.2 of these specifications.

3. Hand removal and disposal of all vegetation, trees, tree roots, trash and other objectionable material from the affected portion of the project and areas adjoining thereto.

4. Maintain dust control at all times by sweeping; including developing a water supply and furnishing and placing all water required for work done in the contract, including water used for extra work and water used for irrigation purposes.

5. Protection of utilities, trees, shrubs, fences, walls, and other facilities within the construction zone, except those specifically directed by the Engineer to be removed or relocated.

6. Daily cleanup work site including streets, sidewalks and driveways. Daily litter removal.

Daily and as needed street sweeping as specified herein. Recycling of waste materials and provisions for refuse containers from CR&R.

7. Clearing and removal of debris from site of work.

8. Removal of structures, as directed by Engineer to be removed or abandoned.

9. Delay in work necessary to accommodate utility relocations by others.

10. Other items of work as directed in these specifications. 300-1.2 Root Pruning and Tree Trimming [Add the following]:
300-1.2.1 Root Pruning.

1. Cut tree roots along both side of walk area, and behind existing edges to a minimum of 20-inches deep.

2. Tree roots will not be cut up to the base of the trunk.

3. All tree root cutting will be approved by the City’s representative.

Root pruning equipment shall be specifically designed for this purpose, sharpened adequately to sever roots in a clean manner, and equipped with padded tracks or rubber tires to prevent scraping or marking of sidewalks.

All cuts shall be backfilled whether immediately upon completion of root pruning or upon completion of sidewalk and curb and gutter repairs and root barrier installation provided that adequate warning devices are placed and maintained at each location. Backfill material shall consist of dirt, Crushed Aggregate Base or crushed miscellaneous base.

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The Contractor shall repair or replace sprinkler system and all utility service connections within the right-of-way which are damaged or removed as a result of the root pruning operation. Repairs shall be initiated immediately and completed by the end of each working day. Repairs and replacements shall be at least equal to existing improvements, and shall match them in finish and dimension, and will be done at Contractor’s expense.
300-2.1 General. [Add to this section]:

The work shall be done in accordance with Section 401 - Removal of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means.

The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3-feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement.

Unclassified Excavation shall consist of all saw cutting and excavation of existing roadway as necessary to construct the proposed AC improvements as directed by the Engineer.

The Contractor shall be responsible for locating and protecting manhole, water valve and utility access frames and covers or other metal appurtenances buried below the existing surface, whether shown on the plans or not.

All existing asphalt concrete pavement that is to be joined by new construction shall be saw cut in a straight line the full depth of the existing pavement. Contractor shall exercise due caution to avoid any disruption to the existing aggregate base that is to remain below the depth of removal called out on the plans. In addition, the Contractor shall not disturb or damage existing improvements to be protected in place. Any damage done by Contractor and/or its equipment shall be repaired or replaced as called out in Section 402 of the Standard Specifications at Contractor's expense. The Contractor shall call USA prior to excavation and shall “pothole” existing utilities that fall within the proposed pavement ‘dig-out” areas as necessary to determine their depth to avoid damaging said utilities.

Removal of existing pavement sections shall be to the depth required for construction of the replacement roadway sections as shown on the plans, estimated bid quantities (proposal) and/or as directed by the Engineer before or after the Cold Mill operation, and will include the removal of existing AC pavement and conflicting portions of aggregate base. All removed material becomes the property of the Contractor and shall be hauled and recycled/disposed of properly outside of the roadway right of way.

The use of pavement breaking equipment (stomper) is not permitted. No crushing operations by Contractor will be allowed at the job site or within the Laguna Hills City limits. Contractor shall price the unclassified excavation and other related bid items accordingly.

The Contractor shall excavate a length of section of roadway not to exceed the amount of removal and placement of AC base course that can be completed within the same working day. All excavations shall be backfilled as soon as permitted under the specifications so that when the job is closed for the day, the open excavation will be kept at a minimum and adjacent utilities will receive maximum backfill support.

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Only areas that can be repaved to finish grade in one work day shall be excavated in the same one work day. AC pavement shall be placed on the same day as the related excavation or cold planing. All travel lanes shall be reopened at the end of the work day. AC shall be placed in two (2) inch lifts and compacted to 95% relative compaction.

At the conclusion of each work day, the newly paved areas shall be smooth, flush with finish grade and suitable for traffic. The Contractor shall place temporary reflective tabs to restore all lane lines affected by the new paving.

The following items listed below will not be paid separately. The expenses for such work shall be deemed as included in the price bid for various bid items and no additional compensation will be allowed.

Maintain dust control at all times by watering.

Protection of utilities, trees, fences, walls signs and other facilities within the construction zone, except those directed to be removed or relocated.

Removal and salvaging of existing signs.

All sawcutting of existing A.C. pavement and concrete pavement surfaces necessary to facilitate construction of the project.

Removal of any other items within the work zone which are not accounted for under individual items of work in these specifications.
300-2.1.1 Removal and Disposal of Materials. [Add the following section]:

All materials removed, except for materials indicated to be relocated or salvaged, become the property of the Contractor and shall be hauled to and lawfully disposed of at a site secured by the Contractor. The Contractor will provide the Engineer with a letter indicating the final disposition of materials hauled away and disposed offsite from the Project within five (5) working days after Project completion. No removed materials shall be left within the Project limits overnight.

Any existing irrigation system interfering with construction of new improvements shall be removed and relocated. Payment for removal and relocation of interfering existing irrigation system will be considered as included in the item of work interfering with the existing irrigation system and no additional compensation will be allowed.

Any curb drain or parkway drain within limits of removal shall be removed and replaced in kind.

Payment for removal and reconstruction or curb drain and parkway drain will be considered as included in the item of work removing the adjacent curb or sidewalk and no additional compensation will be allowed.

Prior to the removal of materials, the Contractor shall coordinate with the regional notification center (Underground Service Alert of Southern California) to mark out all existing utilities per Section 402. Contractor shall confirm location and depth of all existing utilities per Section 402 in order to avoid damage to them during removal operations. 300-2.1.2 Bituminous Pavement. [Add the following section]:

Prior to removal of bituminous pavement, saw cutting, excavation, or cold milling, the Contractor shall scan the work area using a metal detector of adequate strength to located manholes, valves,

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utility access covers or any other metal appurtenances buried below the existing pavement surface whether shown on the Plans or not. Contractor shall be responsible for locating these utilities, and if any are found that aren’t shown on the Plans, Contractor shall inform the Engineer for direction on disposition of utility.

Unless specified on Plans to be cold milled, all bituminous pavement shall be saw cut to full depth in a straight line with a power driven saw and completely removed. Where only the surface of existing bituminous pavement is to be removed, the method of removal shall be cold milling per Section 404 and a minimum laying depth of two (2) inches of new pavement material shall be provided at the join line.
300-2.1.3 Solid Waste Diversion. [Add the following section.] Non reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill.

The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility.
300-4 UNCLASSIFIED FILL
300-4.9 Measurement and Payment. [Add the following to this section]:

Compensation for Unclassified Fill required for asphalt concrete slot paving or digouts, concrete improvements, or minor grading adjacent to concrete improvements shall be included in the cost of constructing those items and no additional compensation will be allowed.

SECTION 302 - ROADWAY SURFACING
302-5 ASPHALT CONCRETE PAVEMENT.
302-5.1 General. [Remove the last sentence, and add the following]:

Asphalt Concrete shall conform to the requirements of Subsection 203-6 as modified by these Special Provisions, and Orange County Public Works Department 2018 Standard Plans, Standard Plan 1805.
302-5.2.3 Tack Coat. [Add the following to this section]:

Tack coat material for overlay shall be SS-1H applied at a rate of 0.20 gallons per square yard above 350 degrees Fahrenheit from a distributor truck with a functioning heating element capable of raising the temperature by 3 degrees Fahrenheit per hour minimum.

Tack coat shall not be placed so far ahead of paving that the tack coat is tracked away by trucks from more than 20 percent of the tacked area.

Apply SS-1H tack coat uniformly in two coats of 0.20 gallons per square yard each with full “break” in between, or 0.20 gallons per square yard SS-1H uniformly in one coat on all vertical joins of AC patching.

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302-5.9 Placement.
302-5.9.1 General. [Add the following]:

The depositing, distributing, and spreading of the asphalt concrete shall be accomplished in a single, continuous operation by means of a self-propelled mechanical spreading and finishing machine designed especially for that purpose. The machine shall be equipped with a screed or strike-off assembly capable of being accurately regulated and adjusted to distribute a layer of the material to a definite predetermined thickness. The machine shall be equipped with automatic screed controls. The automatic screed controls require a reference system for the automatic system to follow. This reference can be the base on which the asphalt concrete is being placed, the lane next to the material being placed, or a string line. The automatic screed control can also follow a traveling reference system. A traveling reference system may be a 30-foot “ski” attached to a control arm, which notes changes in base contours and adjusts the screed automatically to compensate. A string line or traveling reference system shall be used to allow the automatic control to adjust screed height as necessary to maintain proper longitudinal (length-wise) grade of the pavement. To maintain proper transverse (width-wise) grade, the automatic screed control shall use a pendulum system attached to a beam running between the two screed pull arms.

When paving is of a size or in a location that use of a self-propelled machine is impractical, the Engineer may waive the self-propelled requirement.

The Contractor shall provide for adequate quality control measures to insure that delivery of asphalt rubber shall be neither too slow nor too fast to prevent stopping of the paving operation and/or cooling of the asphalt rubber material. Material delivery scheduling and handling is critical to optimizing compaction and ride quality.
302-5.9.2 Joints [Add the following to this section]:

The Contractor shall place the overlay such that joints and seams fall within six (6) inches of the lane line for the new delineation. The joint pattern for all pavement layers shall be submitted in writing to the Engineer for review and approval 2 weeks in advance of the first lift of pavement to be placed. No exceptions to the specified requirements for joints shall be anticipated, and the Engineer’s decisions shall be final.
302-5.10 Rolling. [Add to this section]:

Asphalt concrete will be thoroughly compacted by rolling as soon as a layer of the material has been placed. Rolling will commence along the lower edge and continue until the edge is thoroughly compacted. The roller will then be gradually advanced to the crown point, both sides being rolled in a like manner. Rolling will continue until the pavement layer has become thoroughly compacted to the specified grade and cross-section.

Placement of AC in over-excavated areas shall be done with minimum disturbance to the subgrade. Compacting shall be done with light rolling a steel wheel roller with compaction requirement waived. AC shall be placed in lifts not exceeding 6-inches in compacted thickness and shall be allowed to cool for 24 hours before placing the next lift.

If the asphalt concrete pavement material has cooled below the minimum spreading temperature (260 °F) prior to completing the initial breakdown, the surface will be removed by an approved method to provide a minimum one-inch of depth for new paving material, without causing any feather-edges at joints. The contractor will then repave the area to the requirements herein.

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Rollers will be self-propelled. Two axle, steel wheel tandem rollers will weigh not less than eight (8) tons (7,260 Kg). Vibratory rollers shall be used. All rollers must be in good mechanical condition, capable of smooth straight path operation. No leakage of any petroleum products will be allowed. The surface of all roller wheels will be treated with sufficient water to prevent pickup of bituminous materials, but not sufficient to be detrimental to the pavement. 302-5.12.1 Ride Quality Standard. [Add to this section]:

If, in the opinion of the City Engineer, the ride quality of the final asphalt concrete is not acceptable, the contractor shall, within seven (7) calendar days of placement of the final paving surface, have the surface profiled using a California Profilograph in accordance with California test 526 and provide the City with an original profile graph. The City may, at their discretion, delete this item from the contract if it is determined that the ride quality is acceptable. The cost for this work shall be the fixed lump sum amount and no additional compensation will be allowed. The time allotted for the Profilograph and any surface repair (as indicated by the Profilograph) shall be included in the contract time specified for this project and no additional time or compensation will be allowed.

If the finished surface of the asphalt concrete on the traffic lanes does not meet the specified surface tolerance, it shall be brought within tolerance by either (1) abrasive grinding, or (2) removal and replacement. The method will be selected by the Engineer. The corrective work shall be at the contractor's expense.

SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURBS, WALKS, GUTTERS, AND CROSS GUTTERS, ALLEY

INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS
303-5.1 Requirements.
303-5.1.1 General. [Add the following to this Section]:

Saw cuts shall be made at existing joints or cracks or at least 8 feet from an existing joint or crack, and if the saw cut is made at an existing crack, the saw cut shall include the crack within the removal area. Spandrel shall be saw cut a maximum 2 inches from curb face minimum 3 inch depth.

Contractor shall ensure that the protection of all existing facilities, structures, and improvements on public and/or private property are maintained throughout the entire Project duration, including, but not limited to, the following: walls, driveways, decorative/colored concrete, stamped concrete, fencing, catch basins, curb and gutter, striping, signs, fire hydrants, landscaping, irrigation, concrete, and asphalt. Any damage to existing public and/or private facilities, structures, utilities, traffic signal loops, and improvements shall be repaired to the satisfaction of the Engineer by the Contractor at no cost to the City.

For the purpose of forming the new curbs and gutters, curb ramp, and cross gutter, a minimum of one-foot wide strip of asphalt concrete pavement shall be removed adjacent to the new curb and gutter, ramp, or cross gutter. The strip shall be replaced with a 12" full depth asphalt concrete as directed by the Engineer.

For the purpose of transitioning the new curbs and gutters, curb ramp, and cross gutter, a pavement transition may be required. The limits of removal shall be determined by the engineer.

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The pavement transition shall be replaced with a 12" full depth asphalt concrete as directed by the Engineer.

No open trench (forming strip or pavement digout) shall be left unattended at any time. All trenches shall be backfilled and paved or covered with steel traffic plates at the end of each working day.
303-9 SACK AND PATCH OF EXISTING CONCRETE CURB. [Add the following Section:] The work done under this section is for the restoration of existing curb. All work incidental to performance of the work shall conform to Section 303-5 and the following specifications and instructions below:

Sack and Patch Procedure
Filling Large Voids:

Remove all cracked and crumbling areas using the point of a heavy-duty trowel or using a sledge and cold chisel to break away any thin or loose edges, squaring off the edges. Use a wire brush to remove any crumbling materials. Then sweep away and collect, or vacuum all dirt and debris down to a solid base. Create temporary forms as necessary for the face of the curb. Wet the areas to be patched with water. Mix rapid-set cement according to manufacturer’s instructions. Apply the mix with a trowel, using heavy trowel pressure. Overfill slightly and then trowel smooth to match the surrounding concrete. Remove formwork and trowel face and top of curb smooth.

Sponge over the cement to smooth finish faces and tops. Allow cement mix to dry.

Filling Pits and Small Voids:

Use a wire brush to remove any loose materials. Then sweep away and collect, or vacuum all dirt and debris down to a solid base. Make a mortar consisting of one-part cement and two-parts, by volume, of sand passing a No. 16 screen plus enough water such that the consistency of the mortar will be that of thick cream. Wet curb with water using a sprayer. Apply the mortar thoroughly over the area by rubbing in with clean burlap or a sponge rubber float so that it fills all pits. While the mortar is still plastic, rub the surface over with a drier mix of the same material. This removes all excess plastic material and places enough dry material in the pits to stiffen and solidify the mortar. The filings should then be flush with the surface. No material should remain on the surface above the pits. Allow to cure. As necessary for color-uniformity or finished texture, prepare a paintlike cement mixture consisting of cement and water and apply with a sponge or brush to the curb top and face. It may be necessary to blend the cement with white cement to obtain a color matching that of the surrounding concrete surface.

SECTION 309 – MONUMENTS
309-1 Description. [Add the following to this section]:

All work shall be performed by a California licensed land surveyor or civil engineer qualified to perform survey work. The work shall consist of searching and locating existing centerline survey monuments; tie existing locations; coordinate removal with City Engineer; reset monuments upon completion of construction; prepare 8 ½” by 11” size tie sheets showing location of monuments and ties; and file with City Engineer.

Monuments to be reset shall include all those found along centerline of streets within the Project boundary, all lot corner monuments disturbed by the construction shall be identified and protected

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or reset as necessary.

SECTION 314 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT

MARKERS
314-4.1 General. [Replace with the following]:

All pavement delineation and markings shall conform to Section 84, " Markings," of the State of California, Department of Transportation Standard Specifications, Latest Edition.

Traffic signage shall be pursuant to the latest edition of the California Manual on Uniform Traffic Control Devices (CA MUTCD).

Roadside Signs
Roadside signs shall be installed at the locations shown on the plans or as directed by the ENGINEER.

New signs shall be installed as indicated on the plans, on either existing street light standards or on new perforated steel tube posts with a break-away base, “Telespar” or equal, per Orange County Public Works Department Standard Plan No. 1417.

Paint Traffic Stripes and Pavement Markings.

The CONTRACTOR shall furnish the necessary control points for all striping and markings and shall be responsible for the completeness and accuracy thereof to the satisfaction of the ENGINEER.

The CONTRACTOR shall perform all layout, alignment, and spotting for traffic stripes and markings. Traffic striping shall not vary by more than ½ inch in 50 feet from the alignment shown on the plans. The dimensional details of the stripes and markings shall conform to the provisions set forth in the latest California Manual on Uniform Traffic Control Devices (CA MUTCD) and State Standard Plans available from Caltrans.

SPOTTING - Spotting shall be completed prior to the removal of any existing stripes or markings.

Existing stripes and markings shall be removed prior to painting new ones, but in no case shall any section of street be left without the proper striping for more than 24 hours, or over weekends or holidays.

No striping or painting work shall start until the ENGINEER has specifically approved the spotted markings. Existing striping and markings, if any, shall be removed prior to painting new, but in no case shall any section of street be left without the proper striping for more than 24 hours, or over the weekends or holidays.

MATERIALS - Materials shall conform to the provisions in Section 84 - "Markings," of the State Standard Specifications and these Special Provisions. All traffic striping and pavement markings shall be two coats of paint with glass beads unless otherwise approved by the City Engineer. The second coat shall be applied two days after the first coat.

The paint for traffic striping and markings shall be as follows:
• High Performance Water Borne, Rapid Dry, White - PERVO Paint Co. #6000, or approved equal.

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• High Performance Water Borne, Rapid Dry, Black - PERVO Paint Co. #6002, or approved equal.
• High Performance Water Borne, Rapid Dry, Yellow - PERVO Paint Co #6001, or approved equal.

All lines, legends, crosswalks, limit lines, and shapes shall be paint.

The paint for concrete curbs shall be the following, or an approved equal:

1. PERVO Paint Co. #6004 Red
All paint shall meet SCAQMD Rule 1113.

Glass beads shall conform to State Specification 8010-004.

All pavement markings shall match City stencils.

PART 4 EXISTING IMPROVEMENTS

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SECTION 400 - PROTECTION AND RESTORATION
400-1 GENERAL [Add the following ]:

Prior to start of demolition, the Contractor shall document existing conditions adjoining Project limits to establish preconstruction conditions that might be misconstrued as damage caused by site clearing. Contractor shall use sufficiently detailed photographs and videotape to document existing conditions of any damage. Contractor shall provide photographs and videotape to the Engineer upon request. Payment for this work shall be included in all other items of work and no additional compensation will be allowed.
400-2 PERMANENT SURVEY MARKERS [Replace section in its entirety with the following:]
The Contractor will be required to contract for the services of a Land Surveyor or Civil Engineer authorized to perform surveying services licensed in the State of California to perform the following services:

Establish the location of all monuments that are presently visible that will be disturbed as a result of the street resurfacing and reestablish said monuments at the completion of the project. The Surveyor will be required to tie out all existing monuments (only visible monuments will be required to be reset) that will be disturbed in conformance with all applicable state laws prior to the resurfacing operations.

The Surveyor shall prepare and furnish to the City Engineer, prior to any surfacing, a plan or sketch showing the locations of the monuments found and proposed to be preserved. The project may be subdivided into areas that may be submitted individually to allow the Surveyor to stay in front of the Contractor’s operations and not impede the Contractor’s progress. Upon completion of the resurfacing, the Surveyor shall reestablish all disturbed monuments in conformance with all applicable state laws.

The Licensed Land Surveyor shall file corner record(s) as required by Sections 8772 and 8773, et seq., of the California Business and Professions Code. Corner Records shall be prepared on the form required and in compliance with BPELSG Rule 464 for each monument being preserved.

More than one preserved monument may be shown on a Corner Record, if desired by the responsible surveyor. In lieu of the Corner Records, a Record of Survey may be prepared showing all monuments and tie/reference points involved in this project.

All records, either Corner Records or Record of Survey, will be forwarded for checking and recordation to the County of Orange. At the same time these are forwarded to the County, a digital copy of same in Adobe PDF format shall be delivered to the City Engineer. No records will be finally filed/recorded at the County until approved as to form and content by the City Engineer.

For each monument reset, a Corner Record, or Record of Survey, in compliance with state laws and Board Rules shall be prepared and forwarded to the County of Orange for review and filing.

At the same time, and every time, the records are submitted to the County, they shall also be transmitted to the City Engineer in digital format for his review and approval. The final filing or recordation shall not be made until the City Engineer indicates his approval. Final payment of the Contract Retention for the project will not be made until all monuments have been reset to the satisfaction of the City, all records have been processed through the County of Orange, and approved and filed in the case of Corner Records, or approved and recorded in the case of a Record of Survey. The City reserves the right to have the monuments and documentation

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inspected by the City Surveyor for compliance with all State Law, The Subdivision Map Act, and the Professional Land Surveyor’s Act. Digital copies in PDF format of all the filed/recorded documents shall be furnished to the City Engineer.

Payment for Reset Visible Survey Monuments to Grade shall be included in the various items of work and includes compensation for all items described in these specifications and any items necessary to comply with all State Law and requirements of the Orange County Surveyor, and no additional compensation will be provided therefor.
400-3 PAYMENT [Delete last sentence and replace with the following:] The cost of all work described in 400-2 and also including all costs of materials, labor, tools, equipment, and incidentals, and for doing all the work involved, complete in place, shall be included in the Contract LUMP SUM unit price bid for Surveying and Monument Restoration, and no additional compensation shall be allowed.
401-2 ASPHALT CONCRETE PAVEMENT [Add the following]:

It shall be the Contractor’s responsibility to dispose of all suitable bituminous pavement at a recycling facility. The expense for such work shall be deemed as included in the unit price for various items of work in the contract. No additional compensation will be allowed.

SECTION 402 – UTILITIES
402-7 LOCATION. [Add the following section]:

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

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

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

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

Pursuant to Government Code Section 4215, if any main or trunkline utility facilities that are not indicated in the drawings, plans or specifications and are determined by Contractor to be located

1774061.2 SP-55 LH 6909-01/2023
on the site of any construction project that is a subject of the contract, the City shall assume the responsibility for timely removal, relocation, or protection of the existing main or trunkline utility facilities. The Contractor will be compensated for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the Project necessarily idled during such work. The Contractor will not be assessed liquidated damages for delay in completion of the Project when such delay was caused by the failure of City or the utility owner to provide for removal of relocation of such utility facilities. Nothing herein shall be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction Project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve the City from identifying main or trunklines in the plans or specifications. Nothing herein shall preclude the City from pursuing any appropriate remedy against the utility for delays which are responsibility of the utility. Nothing herein shall be construed to relieve the utility from any obligation as required either by law or contract to pay the cost of removal or relocation of existing utility facilities. If the Contractor, while performing the contract, discovers utility facilities not identified by the City in the Contract Plans or Specifications, Contractor shall immediately notify the Engineer and utility in writing. The public utility, whether they are the owner, has sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price.

1774061.2
Appendix A – Water Pollution Control Plan Template

1774061.2
Appendix B – Applicable Standard Plans

1774061.2
Appendix C – Moulton Parkway and Mandeville Drive Project Plans

1774061.2
Appendix D – Encroachment Permit Application

1774061.2
Appendix E – Certification Status Change

ENGINEER'S NOTICE TO CONTRACTOR NOTICE TO CONTRACTOR CITY OF LAGUNA HILLS ACCELERATION LANE MEDIAN MODIFICATION ON 1 NTS NO. DATE APPR. REVISION DESCRIPTION Know what'sbelow. Call before you dig. R CITY OF LAGUNA HILLS ACCELERATION LANE MEDIAN MODIFICATION ON MOULTON PARKWAY AND MANDEVILLE DRIVE BENCHMARK: ELEVATION: DESCRIPTION: APPROVED BY: RECOMMENDED FOR APPROVAL BY: SHEET NO. OF4 JOSEPH JOHN AMES, P.E., CITY ENGINEER R.C.E. 66999 PLANS PREPARED BY: ANISSA VOYIATZES , P.E. #57710 DATE 3737 Birch St Suite 250 Newport Beach, CA 92660 (949) 428-1500 244.127 FEET (NAVD 1988 DATUM) ORANGE COUNTY BENCHMARK #CLH-1-98 FOUND 1 1/2" BRASS DOMED DISK STAMPED "CLH-1-98 BM" SET ON THE WESTERLY CORNER OF A 4 FT. BY 15 FT. CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN THE NORTHEAST PART OF THE INTERSECTION OF MOULTON PARKWAY AND LA PAZ ROAD, 80 FT. SOUTHEASTERLY FROM THE CENTERLINE OF LA PAZ ROAD AND 50 FT. NORTHEASTERLY FROM THE CENTERLINE OF MOULTON PARKWAY. MONUMENT IS SET LEVEL WITH THE SIDEWALK. 1/15/2026 PROJECT SITE DESCRIPTION TITLE SHEET SHEET INDEX SHEET NO. 1 STREET IMPROVEMENT PLAN 4 SIGNING & STRIPING PLANS 3 THE EXISTENCE AND LOCATION OF ANY UNDERGROUND UTILITIES OR STRUCTURES SHOWN ON THESE PLANS WERE OBTAINED BY A SEARCH OF AVAILABLE RECORDS AND, TO THE BEST OF OUR KNOWLEDGE, THERE ARE NO EXISTING UTILITIES EXCEPT THOSE SHOWN ON THESE PLANS. THE CONTRACTOR IS REQUIRED TO TAKE DUE PRECAUTIONARY MEASURES TO PROTECT THE UTILITY LINES SHOWN ON THESE DRAWINGS. THE CONTRACTOR FURTHER ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR THE UTILITY PIPES, CONDUITS, OR STRUCTURES SHOWN OR NOT SHOWN ON THESE DRAWINGS. THE CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR THE JOB SITE CONDITIONS DURING THE COURSE OR CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY, THAT THIS SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS, AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER OR THE ENGINEER. CONTRACTOR SHALL VERIFY ALL CONDITIONS AND DIMENSIONS AND SHALL REPORT ALL DISCREPANCIES TO THE ENGINEER PRIOR TO THE COMMENCEMENT OF WORK. MANHOLE SIGN UTILITY PULL BOX BOX WATER VALVE IRRIGATION VALVE CENTERLINE ROW MOULTON PARKWAY AND MANDEVILLE DRIVE NTS 1. ALL WORK, MATERIALS AND EQUIPMENT SHALL CONFORM TO THE LATEST EDITION OF CALTRANS STANDARD PLANS AND SPECIFICATIONS, ORANGE COUNTY PUBLIC WORKS STANDARD PLANS AND SPECIFICATIONS, AND THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, LATEST EDITION. 2. THE CONTRACTOR SHALL OBTAIN ALL NECESSARY PERMITS AND SHALL NOTIFY THE CITY INSPECTOR AT (949) 707-2651 48 HOURS PRIOR TO STARTING EACH PHASE OF CONSTRUCTION AND 24 HOURS PRIOR TO REQUIRING AN INSPECTION. 3. TRAFFIC CONTROL SAFETY DEVICES SHALL BE PROVIDED AND SHALL BE MAINTAINED PER THE CALIFORNIA MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES, AND TO THE SATISFACTION OF THE ENGINEER’S REPRESENTATIVE. 4. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE PROTECTION OF UTILITIES. ANY DAMAGE TO SUCH FACILITIES CAUSED BY HIS WORK SHALL BE REPAIRED BY THE CONTRACTOR AT HIS OWN EXPENSE. 5. CONTRACTOR SHALL MAINTAIN ADJACENT STREETS IN A NEAT, CLEAN, DUST FREE AND SANITARY CONDITION AT ALL TIMES AND TO THE SATISFACTION OF THE CITY ENGINEER. THE ADJACENT STREETS SHALL BE KEPT CLEAN OF DEBRIS, DUST AND OTHER NUISANCE BEING CONTROLLED AT ALL TIMES. CONTRACTOR SHALL BE RESPONSIBLE FOR ANY CLEAN UP ON ADJACENT STREETS AFFECTED BY HIS CONSTRUCTION. THERE SHALL BE NO STOCKPILING OF MATERIALS WITHIN THE PUBLIC RIGHT-OF-WAY WITHOUT THE PERMISSION OF THE CITY'S INSPECTOR. 6. BY ACCEPTING THIS CONTRACT, CONTRACTOR HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND, HOLD HARMLESS THE OWNER, ENGINEER THEIR PARENT AND SUBSIDIARY COMPANIES, AGENTS, EMPLOYEES, CONSULTANTS AND REPRESENTATIVES FOR ANY AND ALL DAMAGE TO PERSONS OR PROPERTY OR WRONGFUL DEATH REGARDLESS OF WHETHER OR NOT SUCH CLAIM, DAMAGE LOSS OR EXPENSE IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, ACTIVE OR PASSIVE, OF OWNER, ENGINEER, THEIR PARENT AND SUBSIDIARY COMPANIES, AS WELL AS THEIR AGENTS AND EMPLOYEES, EXCEPTING ONLY THE SOLE NEGLIGENCE OF OWNER,ENGINEER THEIR PARENT OR SUBSIDIARY COMPANIES AND THEIR AGENTS AND EMPLOYEES TO THE FULLEST EXTENT PERMITTED BY LAW. SUCH INDEMNIFICATION SHALL EXTEND TO ALL CLAIMS, DEMANDS, ACTIONS, OR LIABILITY FOR INJURIES, DEATH OR DAMAGES OCCURING AFTER COMLPETION OF THE PROJECT, AS WELL AS DURING THE WORK'S PROGRESS. CONTRACTOR FURTHER AGREES THAT IT SHALL ACCOMPLISH THE ABOVE AT ITS OWN COST, EXPENSE AND RISK EXCLUSIVE OF AND REGARDLESS OF ANY APPLICABLE INSURANCE COMPANY REGARDING COVERAGE. 7. CONSTRUCTION CONTRACTOR AGREES THAT IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONSTRUCTION CONTRACTOR WILL BE REQUIRED TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY: THAT THIS REQUIREMENT SHALL BE MADE TO APPLY CONTINUOUSLY AND NOT TO BE LIMITED TO NORMAL WORKING HOURS, AND CONSTRUCTION CONTRACTOR FURTHER AGREES TO DEFEND, INDEMNIFY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF DESIGN PROFESSIONAL. 8. THE LOCATION OF THE RIGHT OF WAY LIMITS AND CURB AND GUTTER SHOWN ON THESE PLANS WERE PLOTTED FROM AVAILABLE RECORDS AND FIELD OBSERVATIONS. NO CERTIFICATION IS MADE AS TO THE ACCURACY OF THE LIMITS AS SHOWN. 9. PAINTING PROCEDURES FOR STRIPING AND PAVEMENT MARKINGS SHALL BE PER STANDARD SPECIFICATIONS FOR PUBLIC WORK CONSTRUCTION (APWA) REFLECTORIZE ALL STRIPING AND PAVEMENT MARKINGS AND MATCH CITY STENCIL SIZES AND SHAPES. TRAFFIC STRIPING AND PAVEMENT MARKINGS SHALL BE APPLIED IN TWO COATS - THE SECOND COAT SHALL BE APPLIED TWO DAYS AFTER THE FIRST COAT. 10. ALL CONFLICTING STRIPING, MARKINGS AND RAISED PAVEMENT MARKERS SHALL BE REMOVED BY WET SANDBLASTING OR APPROVED EQUIVALENT. GENERAL NOTES CITY OF LAGUNA HILLS CITY OF ALISO VIEJO LOCATION MAP VICINITY MAP SYMBOLTOP OF CURB FLOWLINE EXISTING SURFACE TCFLESFS FINISH SURFACE AC ASPHALT CONCRETE P.B. PULL BOX CA-73 ABBREVIATIONS E'LY EASTERLY W'LY WESTERLY SAWCUT LINE HATCH/LINE LEGEND: DECORATIVE CONCRETE DEEP LIFT AC CONSTRUCT TYPE A1-8 CURB PER SPPWC STD PLAN 120-3 OVER 6" CMB. CONSTRUCT DECORATIVE CONCRETE PAVING 4" THICK PER DETAIL ON SHEET 2. CONTRACTOR SHALL MATCH COLOR AND TEXTURE OF EXISTING STAMPED CONCRETE 1234 REMOVE EXISTING DECORATIVE CONCRETE PAVING 5 REMOVE EXISTING MEDIAN CURB 6 REMOVE 12" THICK EXISTING AC AND BASE 7 RE-ESTABLISH IRRIGATION CONNECTION (BY OTHERS) 8 RELOCATE IRRIGATION WATER VALVE (BY OTHERS) 9 RELOCATE IRRIGATION PULL BOX (BY OTHERS) 10 CONSTRUCT 12" DEEP LIFT AC 11 CONNECT TO AND EXTEND IRRIGATION SLEEVES 12 CLEAR AND GRUB AND UNCLASSIFIED EXCAVATION 13 REMOVE EXISTING TREE AND ROOTS TO 3' DEPTH RELOCATE MONUMENT AND FOOTING PER DETAILS, SHEET 2. MODIFY IRRIGATION AND LANDSCAPE TO ACCOMMODATE SIGN AND FOUNDATION CONSTRUCTION GAS LINE SEWER LINE STORM DRAIN WATER LINE UNDERGROUND ELECTRICAL LINE EX. EXISTING PROP. PROPOSED CONSTRUCTION NOTES SIGNING AND STRIPING NOTES 1 PAINT 8" WHITE CHANNELIZING LINE AND INSTALL RAISED PAVEMENT MARKERS PER DETAIL 38, CALTRANS STD. PLAN A20D. USING TWO COATS PAINT WITH REFLECTIVE BEADS. 2 PAINT PAVEMENT MARKING AS INDICATED, CALTRANS STD. PLAN A24A. USING TWO COATS PAINT WITH REFLECTIVE BEADS. BENCHMARK: BASIS OF BEARINGS: DATUM STATEMENT: DESCRIPTION: FOUND 1 1/2" BRASS DOMED DISK STAMPED "CLH-1-98 BM" SET ON THE WESTERLY CORNER OF A 4 FT. BY 15 FT. CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN THE NORTHEAST PART OF THE INTERSECTION OF MOULTON PARKWAY AND LA PAZ ROAD, 80 FT. SOUTHEASTERLY FROM THE CENTERLINE OF LA PAZ ROAD AND 50 FT. NORTHEASTERLY FROM THE CENTERLINE OF MOULTON PARKWAY. MONUMENT IS SET LEVEL WITH THE SIDEWALK. ELEVATION: 244.127 FEET (NAVD 1988 DATUM) THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING BETWEEN O.C.S. HORIZONTAL CONTROL STATION GPS NO. 0611 AND STATION GPS NO. 7760 BEING NORTH 43°38'01" WEST PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. COORDINATES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83). ZONE VI, 1983 NAD., (2017.50 EPOCH O.C.S. GPS ADJUSTMENT). ALL DISTANCES SHOWN ARE GROUND DISTANCES UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCES MULTIPLY GROUND DISTANCES BY THE MEAN VALUE 0.999957465 FOR THIS SURVEY. ORANGE COUNTY BENCHMARK #CLH-1-98 2 SECTIONS AND DETAILS

NO. DATE APPR. REVISION DESCRIPTION Know what'sbelow. Call before you dig. R CITY OF LAGUNA HILLS ACCELERATION LANE MEDIAN MODIFICATION ON MOULTON PARKWAY AND MANDEVILLE DRIVE BENCHMARK: ELEVATION: DESCRIPTION: APPROVED BY: RECOMMENDED FOR APPROVAL BY: SHEET NO. OF4 JOSEPH JOHN AMES, P.E., CITY ENGINEER R.C.E. 66999 PLANS PREPARED BY: ANISSA VOYIATZES , P.E. #57710 DATE 3737 Birch St Suite 250 Newport Beach, CA 92660 (949) 428-1500 244.127 FEET (NAVD 1988 DATUM) ORANGE COUNTY BENCHMARK #CLH-1-98 FOUND 1 1/2" BRASS DOMED DISK STAMPED "CLH-1-98 BM" SET ON THE WESTERLY CORNER OF A 4 FT. BY 15 FT. CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN THE NORTHEAST PART OF THE INTERSECTION OF MOULTON PARKWAY AND LA PAZ ROAD, 80 FT. SOUTHEASTERLY FROM THE CENTERLINE OF LA PAZ ROAD AND 50 FT. NORTHEASTERLY FROM THE CENTERLINE OF MOULTON PARKWAY. MONUMENT IS SET LEVEL WITH THE SIDEWALK. 1/15/2026 CONSTRUCTION NOTES CONSTRUCT TYPE A1-8 CURB PER SPPWC STD PLAN 120-3 OVER 6" CMB. CONSTRUCT DECORATIVE CONCRETE PAVING 4" THICK PER DETAIL ON SHEET 2. CONTRACTOR SHALL MATCH COLOR AND TEXTURE OF EXISTING STAMPED CONCRETE 1234 REMOVE EXISTING DECORATIVE CONCRETE PAVING 5 REMOVE EXISTING MEDIAN CURB 6 REMOVE 12" THICK EXISTING AC AND BASE P PROTECT IN PLACE, ITEM AS SHOWN CLEAR AND GRUB AND UNCLASSIFIED EXCAVATION HATCH/LINE LEGEND: DECORATIVE CONCRETE DEEP LIFT AC 2 SECTION A-A STA: 9+00 N.T.S. MEDIAN CONSTRUCTION DETAIL FOR 4' WIDE MEDIAN N.T.S. TYPICAL SECTION N.T.S. CMB 1. F'C = 4,000 PSI 2. FY= 60 KSI 3. PREPARE SUBGRADE BY SCARIFYING 12" OF SOIL BELOW BOTTOM OF FOOTING AND COMPACTING TO 95% RELATIVE COMPACTION. 4. CONCRETE COVER IS 2" UNLESS OTHERWISE NOTED 10 CONSTRUCT 12" DEEP LIFT AC SIGN FOOTING NOTES: FOOTING PLAN VIEW DETAIL N.T.S. FOOTING ELEVATION VIEW DETAIL N.T.S. EXISTING FOOTING TO BE REMOVED FROM EXISTING LOCATION AND WET SET INTO NEW FOOTING AT NEW LOCATION. ALTERNATIVE: SALVAGE AND INSTALL SIGN AND EMBEDDED EXISTING STEEL POST IN NEW FOUNDATION. 2'-6" DEEP, 2'-6' WIDE, #4@12" O.C. B.W. T&B. 3" CLR. FOOTING BOTTOM AND SIDES. NOTE: CURB LINE CURB LINE SAWCUT 4' ± DECORATIVE CONCRETE 1' 4" NATIVE MATERIAL 95% COMPACTION CMB @ 95% RC ES 1 3 16 10JOIN EX. CMB @ 95% RC 2.0% (264.67)FS
265.60 TC
264.93 FL WEST R/W CL 10' 51' 51' 10' EAST R/W SAWCUT 12.4' VARIES 4' MIN 14'MAX 1 EX. CURB & GUTTER EX. CURB & GUTTER ES ES CMB EX. SIDEWALK EX. SIDEWALK EX. PARKWAY JOIN EX. EX. CURBP 6 10 P P P P P P P 3 510 2 4 14' L WEST R/W EAST R/W 10' 14' 14' 51' L 51' C SAWCUT VARIES PER PLAN VARIES 4' MIN 14' MAX EX. CURB & GUTTER EX. SIDEWALK P ES JOIN EX. P P 3 5 6 10 1 P ES EX. CURB & GUTTER EX. PARKWAY P EX. SIDEWALK P P 4 2 10 3'-0" 6'-0"
3'-7" 1'-7" 2'-0" CL PEDESTAL & FTG CL PEDESTAL & FTG EXISTING FOOTING 2'-6" 3'-0"
2" 6" 6" #4 @ 12" MAX 3" CLR. FOOTING BOTTOM AND SIDES F.G. 9" - #4 @ 12" MAX. DRILL AND BOND 6" INTO EXISTING FOOTING CL PEDESTAL & FTG EXISTING SIGN EXISTING STEEL POLE IN EXISTING CONCRETE FOOTING CL PEDESTAL & FTG CONCRETE MOW STRIP W/ 1/4" EASED RADIUS EDGES. QUICK CRETE CONCRETE, ARIZONA TAN COLOR EXISTING FOOTING 11" WET SET EXISTING FOOTING INTO 11" OF CONCRETE AND SUPPORT IN PLACE WHILE POURING REMAINING CONCRETE UNTIL CURED 6" 2'-0"

NO. DATE APPR. REVISION DESCRIPTION Know what'sbelow. Call before you dig. R CITY OF LAGUNA HILLS ACCELERATION LANE MEDIAN MODIFICATION ON MOULTON PARKWAY AND MANDEVILLE DRIVE BENCHMARK: ELEVATION: DESCRIPTION: APPROVED BY: RECOMMENDED FOR APPROVAL BY: SHEET NO. OF4 JOSEPH JOHN AMES, P.E., CITY ENGINEER R.C.E. 66999 PLANS PREPARED BY: ANISSA VOYIATZES , P.E. #57710 DATE 3737 Birch St Suite 250 Newport Beach, CA 92660 (949) 428-1500 SCALE: HORIZ. 1"=20' VERT. 1"=4' 244.127 FEET (NAVD 1988 DATUM) ORANGE COUNTY BENCHMARK #CLH-1-98 FOUND 1 1/2" BRASS DOMED DISK STAMPED "CLH-1-98 BM" SET ON THE WESTERLY CORNER OF A 4 FT. BY 15 FT. CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN THE NORTHEAST PART OF THE INTERSECTION OF MOULTON PARKWAY AND LA PAZ ROAD, 80 FT. SOUTHEASTERLY FROM THE CENTERLINE OF LA PAZ ROAD AND 50 FT. NORTHEASTERLY FROM THE CENTERLINE OF MOULTON PARKWAY. MONUMENT IS SET LEVEL WITH THE SIDEWALK. 1/15/2026 CONSTRUCTION NOTES CONSTRUCT TYPE A1-8 CURB PER SPPWC STD PLAN 120-3 OVER 6" CMB. CONSTRUCT DECORATIVE CONCRETE PAVING 4" THICK PER DETAIL ON SHEET 2. CONTRACTOR SHALL MATCH COLOR AND TEXTURE OF EXISTING STAMPED CONCRETE 1234 REMOVE EXISTING DECORATIVE CONCRETE PAVING 5 REMOVE EXISTING MEDIAN CURB 6 REMOVE 12" THICK EXISTING AC AND BASE 7 RE-ESTABLISH IRRIGATION CONNECTION (BY OTHERS) 8 RELOCATE IRRIGATION WATER VALVE (BY OTHERS) 9 RELOCATE IRRIGATION PULL BOX (BY OTHERS) 10 CONSTRUCT 12" DEEP LIFT AC 11 CONNECT TO AND EXTEND IRRIGATION SLEEVES 12P PROTECT IN PLACE, ITEM AS SHOWN CLEAR AND GRUB AND UNCLASSIFIED EXCAVATION 13 REMOVE EXISTING TREE AND ROOTS TO 3' DEPTH RELOCATE MONUMENT AND FOOTING PER DETAILS, SHEET 2. MODIFY IRRIGATION AND LANDSCAPE TO ACCOMMODATE SIGN AND FOUNDATION CONSTRUCTION SAWCUT LINE HATCH/LINE LEGEND: DECORATIVE CONCRETE DEEP LIFT AC 3 270 2608+00 8+50 9+00 9+50 10+00 270 260 270 260 MANDEVILLE MOULTON PARKWAY DRIVE PROP. W'LY MEDIAN TC PROP. FS EX. CENTERLINE PROP. E'LY MEDIAN TC PROP. FS IDENTICAL POINT EX. FS EX. FS EX. E'LY MEDIAN TC JOIN Ex.
8+21.26
(263.34) TC, BC
8+45.31
264.06 TC, EC
8+69.40
264.76 TC, BC
8+93.59
265.43 TC
9+45.61
9+44.03
266.62 TC
266.64 TC
9+29.97
266.40 TC
9+37.24
266.55 TC 2.98% 2.91% 2.77% -1.14% 1.35% 2.67% 2.04% AHEAD AHEAD AHEAD SIGNAL SIGNAL SIGNAL BIKE
LANE 8 9 10 11 12 13 14 8 9 10 11 12 13 14 136.0' 7.1' 7.4' 1 4 5 5 C1 C2 R/W R/W BCSTA:8+21.26 OFF:7.34'L JOIN EX. BEG CURB (263.34) TC (262.67) FL 3 9 8 ECSTA:8+93.59 OFF:3.44'R 265.43 TC 264.76 FL BCR STA:9+44.03 OFF:3.12'R 266.64 TC 265.97 FL ECR STA:9+43.84 OFF:7.12'R 266.60 TC 265.93 FL JOIN EX. STA:9+42.10 OFF:7.12'R END CURB (266.60) TC (265.91) FL ECSTA:8+45.40 OFF:4.46'L 264.06 TC 263.39 FL C3 C4 C5 C6 13 STA:8+57.56 OFF:4.90'R STA:8+34.93 OFF:2.70'L STA:8+37.95 OFF:2.44'L 1.0' P EX. CURB 9 1.5' 13

1.0' (262.65) FS (263.31) FS (263.86) FS (264.41) FS (264.93) FS (265.90) FS 51.0'

51.1' 11

11.0' (265.96) FS (265.87) FS 2

12.7' 125.3' 12 R/W BCSTA:8+69.41 OFF:0.84'R 264.76 TC 264.09 FL 1.5' 10

16.2' (TYP) 10 6 711
N69° 12' 25.77"E 33.580389N -117.703667E 33.580631N -117.703694E 40.0'± CENTERLINE CURVE TABLE CURVE C1C2 R 1800.00' 1800.00' BEARING N25° 37' 27"W N25° 37' 27"W DELTA 23°37'20" 23°37'20" L 736.87' 736.87' TANGENT 376.40' 376.40' 0.08% 1.03% JOIN EX.
9+42.10
(266.60) TC
9+43.84
266.60 TC
9+45.61
266.62 TC CURVE TABLE CURVE # C6C5C4C3 L 6.42' 50.58' 24.29' 24.33' R2.00' 1800.00' 110.00' 95.00' BEARING S71° 14' 24"W S19° 07' 11"E S11° 27' 33"E S9° 12' 09"E

AHEAD AHEAD AHEAD SIGNAL SIGNAL SIGNAL
BIKE
LANE 8 9 10 11 2 R/W R/W 2 2 TYPE VI(L) 3 R6-2 TYPE N-1 MARKER R3-18 R4-7 3 (DO NOT DRINK) SIGN 12' 12' 12' 10' 12' 12' 12' 8' 8' 77' 50' 124' 2

13.6' 28' 28' 2 R = 35.0' R = 35.0' 50' 1 NO. DATE APPR. REVISION DESCRIPTION Know what'sbelow. Call before you dig. R CITY OF LAGUNA HILLS ACCELERATION LANE MEDIAN MODIFICATION ON MOULTON PARKWAY AND MANDEVILLE DRIVE BENCHMARK: ELEVATION: DESCRIPTION: APPROVED BY: RECOMMENDED FOR APPROVAL BY: SHEET NO. OF4 JOSEPH JOHN AMES, P.E., CITY ENGINEER R.C.E. 66999 PLANS PREPARED BY: ANISSA VOYIATZES , P.E. #57710 DATE 3737 Birch St Suite 250 Newport Beach, CA 92660 (949) 428-1500 244.127 FEET (NAVD 1988 DATUM) ORANGE COUNTY BENCHMARK #CLH-1-98 FOUND 1 1/2" BRASS DOMED DISK STAMPED "CLH-1-98 BM" SET ON THE WESTERLY CORNER OF A 4 FT. BY 15 FT. CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN THE NORTHEAST PART OF THE INTERSECTION OF MOULTON PARKWAY AND LA PAZ ROAD, 80 FT. SOUTHEASTERLY FROM THE CENTERLINE OF LA PAZ ROAD AND 50 FT. NORTHEASTERLY FROM THE CENTERLINE OF MOULTON PARKWAY. MONUMENT IS SET LEVEL WITH THE SIDEWALK. 1/15/2026 SIGNING AND STRIPING NOTES 1 PAINT 8" WHITE CHANNELIZING LINE AND INSTALL RAISED PAVEMENT MARKERS PER DETAIL 38, CALTRANS STD. PLAN A20D. USING TWO COATS PAINT WITH REFLECTIVE BEADS. 23 RELOCATE SIGN(S) AND POST(S) AS SHOWN. PAINT PAVEMENT MARKING AS INDICATED, CALTRANS STD. PLAN A24A. USING TWO COATS PAINT WITH REFLECTIVE BEADS. MOULTON PARKWAY MANDEVILLE DRIVE 4

Item No. 7.2.3
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: April 28, 2026
To: Mayor and Council Members
From: Joe Ames, Assistant City Manager
Issue: Review of Agreements for On-Call Environmental Review Consulting Services and On-Call Planning and Environmental Consulting Services Recommendation: That the City Council receive the report.

Background:

During the April 14, 2026, City Council Regular Meeting, Council Member Wheeler requested, and Council Member Pezold seconded, a request that City staff return to the next City Council meeting with a report concerning the use of on-call planning and environmental review consulting services, specifically for the Village at Laguna Hills project.

The City's staffing model has long required reliance upon professional on-call consultant services to support City staff whenever assignments or specific projects exceed available resources. The professional consultant services are provided on an on-call, as-needed basis to fulfill short-term project needs.

Typically, when an assignment consists of reviewing a private development project, the project applicant posts a deposit guaranteeing the payment of the on-call consultant's fees. The City is invoiced for consultant services, and such costs are deducted from the applicant’s deposit. This process has worked very well for the City on past projects, including the recent processing of the Terravita, Oakbrook Plaza, and La Paz Village projects.

In 2023, the Community Development Department identified the need for qualified planning and environmental consultants to assist with a variety of projects and planning

Item No. 7.2.3
functions, including performing plan check functions, serving/assisting as project coordinator for discretionary zoning applications, preparing CEQA documents for the City, and providing peer review of CEQA documents, among a variety of other planning and environmental review tasks.

In accordance with the City’s Procurement Code, City staff issued a formal competitive Request for Proposals (RFP) for On-Call Planning and Environmental Consulting Services on February 7, 2023. On June 27, 2023, the City Council approved Professional Services Agreements with the following four firms for a period of five-years with a not-to-exceed contract maximum of $500,000 each:
• Civic Solutions, Inc.
• Sagecrest Planning and Environmental, Inc.
• T&B Planning, Inc.
• CSG Consultants, Inc
Subsequently, in 2024, the Community Development Department identified the need for additional qualified, specialized environmental review consultants. In accordance with the City’s Procurement Code, City staff issued a formal competitive Request for Proposals (RFP) for On-Call Environmental Review Consulting Services on May 30, 2024.

On October 8, 2024, the City Council approved Professional Services Agreements with the following four firms for a period of five-years with a not-to-exceed contract maximum of $500,000 each:
• Ascent Environmental, Inc
• De Novo Planning Group
• Dudek
• LSA Associates, Inc.

At the April 22, 2025, City Council Regular Meeting, the City Council approved the formation of an Ad-Hoc Committee consisting of Mayor Caskey and Mayor Pro Tem Mathis to review a request by Merlone Geier Partners for initiation of proposed Major Project Modifications to the Village at Laguna Hills Development Agreement.

At the August 26, 2025, City Council Regular Meeting, the City Council: 1. Received a status report and recommendations from the Village at Laguna Hills Ad Hoc Committee;

2. Directed City staff to begin reviewing and working on Merlone Geier Fund X Laguna Hills, LLC’s (MGP) application requesting Major Project Modifications to the previously approved entitlements and requesting changes to the Development Agreement for

Item No. 7.2.3
the Village at Laguna Hills Mixed-Use Development Project; and 3. Approved a Retainer Agreement with Stradling Yocca Carlson & Rauth to re-engage the City’s special land use, entitlement, and development agreement counsel for the purpose of representing the City in connection with processing MGP’s application requesting Major Project Modifications to the previously approved land use entitlements, negotiating modifications to the Development Agreement, and providing the City with other related special counsel services (emphasis added).

As with any other major project modification or major project application, City staff carefully weighed the level of effort required to properly review the application, established that on-call consultant assistance was necessary, collected letter proposals from its on-call consultants, and subsequently issued task orders to its on-call consultants commensurate with the firm’s experience with similar projects and level of effort required to properly review the Village at Laguna Hills project application.

Specifically, for the Village at Laguna Hills project, City staff determined that both planning and environmental review services were required. After collecting a deposit from the applicant, City staff engaged with CSG Consultants, Inc. and LSA Associates, Inc. to perform these services. To date, the services provided by the consultants have not exceeded the maximum contract amounts in the Professional Services Agreement with those firms nor the deposits from the applicant.

Fiscal Impact:

City regulations require applicants for development projects to reimburse the City for the actual fees and costs incurred by the City in conjunction with the City’s review, evaluation, and processing of development applications and related legislative documents, and review of a proposed project pursuant to the provisions of the California Environmental Quality Act (“CEQA”). Furthermore, applicants are responsible for payment of all applicable fees pursuant to the City’s Comprehensive Fee Schedule.

Attachments:

1. On-Call Planning and Environmental Services Staff Report, June 27, 2023

2. On-Call Environmental Services Staff Report, October 8, 2024

City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: June 27, 2023
TO: Mayor and Council Members
FROM: Larry Longenecker
Community Development Director
ISSUE: Award of Four Professional Services Agreements To: 1) Civic Solutions, Inc.; 2) Sagecrest Planning and Environmental, Inc.; 3) T&B Planning, Inc.; and 4) CSG Consultants, Inc., for On-Call Planning and Environmental Consulting Services.

RECOMMENDATION: That the City Council award four Professional Services Agreements to: 1) Civic Solutions, Inc.; 2) Sagecrest Planning and Environmental, Inc.; 3) T&B Planning, Inc.; and 4) CSG Consultants, Inc., for On-Call Planning and Environmental Consulting Services, in the total not to exceed contract amount of $500,000 for a term of five (5) years, respectively, and authorize the Mayor to execute each of the four proposed Professional Services Agreements.

SUMMARY:

The City has regularly utilized the contract model for providing a variety of professional consulting services. The Community Development Department is interested in continuing this service delivery model to include qualified firms that provide ‘on-call’, as-needed planning and environmental consulting services.

Pursuant to Laguna Hills Municipal Code Section 3-08.150, a formal competitive Request for Proposals (RFP) was issued for On-Call Planning and Environmental Consulting Services. Nine (9) proposals from interested firms were received and evaluated. Staff recommends award of Professional Services Agreements (PSAs) with four (4) of the firms on the basis of demonstrated competence and the professional qualifications of assigned consultants necessary for the satisfactory performance of the services required, as follows: 1) Civic Solutions, Inc.; 2) Sagecrest Planning and Environmental,

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Inc.; 3) T&B Planning, Inc.; and 4) CSG Consultants, Inc.

BACKGROUND:

To fulfill the City’s mission, goals and objectives, the City utilizes consultants on an oncall, as-needed basis for a variety of professional services to assist City staff. The contract model of this organization allows a minimum full-time staff to complete its assignments by judiciously utilizing independent experts and consultants to assist City staff at controlled costs. The Community Development Department has identified the need for qualified planning and environmental consultants to assist with a variety of projects and planning functions, including performing plan check functions, serving/assisting as project coordinator for discretionary zoning applications, preparing CEQA documents for the City, and providing peer review of CEQA documents, among a variety of other planning and environmental review tasks.

In accordance with the City’s Procurement Code, staff issued a formal competitive Request for Proposals (RFP) for On-Call Planning and Environmental Consulting Services on February 7, 2023. The City received nine (9) proposals from qualified firms by the due date of March 17, 2023. As part of the formal competitive selection process, an internal committee was assembled to evaluate the proposals. After independent evaluations were completed, the best qualified candidate firms were determined to be: Civic Solutions, Inc.; Sagecrest Planning and Environmental, Inc.; T&B Planning, Inc.; and CSG Consultants, Inc., based upon their demonstrated competence and professional qualifications. Each of the selected firms have local Orange County offices, have specialized expertise in providing planning and environmental consulting services for municipal clients, have excellent qualified staffing, experience, and references, and have the demonstrated ability to meet the City’s needs.

The proposed PSAs provide that there is no guarantee of work being issued to any one firm, the work will be issued by Task Order, there is a total maximum contract amount of $500,000, the term of the agreements are each limited to five (5) years, and the agreements are non-exclusive. The proposed PSAs will be effective July 1, 2023, and will allow City staff to continue to fulfill its assignments. A majority of the costs associated with consultant services utilized under the proposed PSAs is anticipated to be reimbursable through applicant deposit accounts established for discretionary applications processed through the Community Development Department.

Therefore, City staff recommends that the City Council approve the proposed Professional Services Agreements with each of the four firms recommended, which are

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attached hereto, and authorize the Mayor to execute each of the proposed Agreements.

The Proposals submitted to the City by each of the four firms selected are attached as Exhibit “A” to each of the PSAs.

ATTACHMENTS:
• Attachment A – Professional Services Agreement with Civic Solutions, Inc. • Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc.
• Attachment C – Professional Services Agreement with T&B Planning, Inc. • Attachment D – Professional Services Agreement with CSG Consultants, Inc

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1 PROFESSIONAL SERVICES AGREEMENT
Civic Solutions, Inc.
(On-Call Planning and Environmental Consulting Services) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective the 1st day of July 2023, by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California, (hereinafter referred to as “City”) and CIVIC SOLUTIONS INC., a California corporation (hereinafter referred to as “Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has determined that there is a need to retain the professional services, on an as-needed and on-call basis, of a qualified full-service planning consulting services firm for the purpose of assisting the City with discretionary entitlement processing, advanced planning, and discretionary case environmental review, which professional planning services will include but not be limited to land use planning, municipal code compliance, development application and plan check review services, land use entitlement processing, environmental review, project management and community development services, as well to provide the City with other on-call land use application review, zoning code compliance, and planning and support services that may be required on an as-needed basis (the “Project”).

B. In response to City's Request for Proposals, dated February 7, 2023, Consultant has submitted to City a proposal, dated March 17, 2023, to provide professional on-call environmental review services, as well as a full range of other as-needed consulting environmental review, compliance, and land use planning and support services that may be required on an on-call basis, to City for the Project pursuant to the terms of this Agreement.

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

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

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

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2 AGREEMENT

1. SERVICES OF CONSULTANT

1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Consultant agrees to provide and perform the professional planning and environmental review consulting services to City for the Project as set forth in the Proposal/Scope of Work, dated March 17, 2023, which is attached hereto as Exhibit “A” and is incorporated herein by reference (hereinafter referred to as the “Scope of Services,” the “Services” or “Work”). As a material inducement to the City entering into this Agreement, Consultant acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant’s Services and Work shall be performed in a skillful and competent manner and shall be held to a standard of quality and workmanship prevalent in the industry for such Services and Work and with the standards recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and warrants that it is skilled in the professional discipline necessary to perform the Services and Work and that it holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement.

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

1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; and, (2) the Consultant’s signed, original Proposal/Scope of Work dated March 17, 2023 (“Consultant’s Proposal”) and submitted to City, which shall both be referred to collectively hereinafter as the “Contract Documents.” The Consultant’s Proposal is attached hereto as Exhibit “A” and is hereby incorporated by reference and made a part of this Agreement. All provisions of the Contract Documents shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms and conditions of this Agreement; and, (2nd) the provisions of the Consultant’s Proposal (Exhibit “A”).

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

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3 free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.

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

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

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

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

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

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4 Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Consultant. It is expressly understood by Consultant that the provisions of this section shall not apply to the Work and Services specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of whether the time or materials required to complete any Work or Service identified in the Scope of Services exceeds any time or material amounts or estimates provided therein.

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

2. COMPENSATION

2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Consultant shall be compensated by City for the services performed, including authorized reimbursements, on a time and materials basis in accordance with the professional hourly rates and charges set forth in the Schedule of Compensation/Fees, which is attached hereto as Exhibit “A” and is incorporated herein by reference, but not exceeding the total maximum contract amount of Five Hundred Thousand Dollars ($500,000.00) (hereinafter referred to as the "Maximum Contract Amount"). The method of compensation shall be as set forth in Exhibit “A”. Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation/Fees. The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.

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

2.3 Optional CPI Adjustment. The fees, rates, and/or unit prices set forth in Consultant's Proposal (Exhibit “A”) shall remain fixed and unchanged for the first two years of the term of this Agreement (i.e., from July 1, 2023 through June 30, 2025). Thereafter, Consultant may submit a request to adjust its fees, rates, and/or unit prices once per year during the remainder of the term of the Agreement as provided for herein. However, approval of any request to adjust Consultant's fees, rates, and/or unit prices as set forth herein shall be made at the sole discretion of the City Manager, in writing, and is subject to the City’s approved budget.

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

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

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

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

3. SCHEDULE OF PERFORMANCE

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

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

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

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

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

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6 delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section.

3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and shall continue in full force and effect for a period of five (5) years, commencing on July 1, 2023 and ending on June 30, 2028, unless extended by mutual agreement of the Parties.

3.5 Task Orders. Consultant hereby agrees and acknowledges that any and all Services or Work performed pursuant to this Agreement shall be based upon the prior issuance of a written project task order by the City. Furthermore, Consultant hereby agrees and acknowledges that execution of this Agreement by the City does not in any way guarantee that a task order will be issued to Consultant. Moreover, execution of this Agreement by the City shall not entitle Consultant to any form of payment or compensation from the City without City first having issued a project task order.

4. COORDINATION OF WORK

4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and to make all decisions in connection therewith: George Buell, Senior Vice 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 Consultant and devoting sufficient time to personally supervise the Work or Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

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

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

Consultant shall not contract with any other entity to perform the Services required without prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in

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7 the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City.

4.4 Independent Contractor.

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

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

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

Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing any Work or Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of

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8 any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, representatives, agents, or subconsultants or subcontractors, Consultant shall defend, indemnify, and hold harmless City from and against all such financial obligations.

4.5 PERS Eligibility & Indemnification.

A. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing any Work or Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

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

5. INSURANCE

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

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

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

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

Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims

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9 or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.

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

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

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

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

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

3. In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or

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10 until completion of the Work or Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Work or Services under the terms of this Agreement.

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

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

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

1. Additional Insured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and

2. Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Consultant, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.

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

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

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

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

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

5.8 Evidence of Coverage. Concurrently with the execution of the Agreement, Consultant shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Consultant shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage.

5.9 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this

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

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

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

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

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

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

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

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

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

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

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

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

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

7. REPORTS AND RECORDS

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

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

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14 7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement.

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

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

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

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

8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted

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

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 Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, Consultant reserves the right to terminate this Agreement at any time upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine.

8.4 Default of Consultant.

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

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

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

8.4(B), take over the work and prosecute the same to completion by contract or otherwise, and

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

8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.

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

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

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

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in

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17 any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of any state statute or regulation. Consultant represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.

9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

10. MISCELLANEOUS PROVISIONS

10.1 Patent and Copyright Infringement.

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

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

10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of

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18 completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Notices or other communications shall be addressed as follows:

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

To Consultant: Civic Solutions, Inc.

Attention: Thomas G. Merrell, President
27362 Calle Arroyo
San Juan Capistrano, California 92675
Telephone: (949) 489-1442

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

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

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

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

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

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

10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she

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19 is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he/she is signing is bound.

10.9 Labor Code Requirements.

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

The foregoing indemnity shall survive termination of this Agreement.

B. DIR Registration. If the Work or Services are being performed as part of an applicable "public works" or "maintenance" project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.

10.10 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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EXHIBIT “A”
CONSULTANT’S PROPOSAL/ SCOPE OF WORK
FOR

ON-CALL PLANNING AND ENVIRONMENTAL REVIEW SERVICES
DATED: MARCH 17, 2023

SCOPE OF SERVICES FOR PROJECT

INCLUDING,

SCHEDULE OF PERFORMANCE
AND

SCHEDULE OF COMPENSATION/ FEES

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Submitted to:

City of Laguna Hills
Submittal due date:

March 17, 2023
27362 Calle Arroyo  San Juan Capistrano, CA 92675
Principal Contact: George Buell, Senior Vice President
949.489.1442  fax 949.240.8068
www.civicsolutions.com
Proposal to Provide
On-Call Planning Support Services

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27362 Calle Arroyo
San Juan Capistrano, CA
949/489-1442
949/489-2408 FAX
www.civicsolutions.com
March 17, 2023
Mr. Jay Wuu, Senior Planner
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
Subject: Proposal to Provide On-Call Planning Support Services Dear Mr. Wuu:

Civic Solutions, Inc. is pleased to submit this proposal to provide On-Call Planning Support Services for the performance of a variety of professional level duties in support of the City of Laguna Hills’ planning functions and the processing of planning applications in accordance with the City’s plans, policies, and regulations.

Civic Solutions has successfully provided staffing services to Southern California cities and counties since 1991. We specialize in providing a full range of planning services, including zoning counter assistance, current and advance planning, ministerial and discretionary case processing, project management, and environmental review. We are accustomed to tailoring our services to municipalities’ needs in terms of hours, schedules, duration, and work location. Our professional staff members are experts in their fields and perform efficiently and effectively for the cities they serve.

Thomas G. Merrell is the President and founder of Civic Solutions and is authorized to contractually bind the firm on the services outlined in this proposal. George Buell, Senior Vice President, will serve as the Management Contact and Project Manager.

Mr. Merrell and Mr. Buell may be reached at (949) 489-1442, and at [email protected] and [email protected].

Civic Solutions appreciates the opportunity to propose On-Call Planning Support Services for the City of Laguna Hills. We are confident that you will find that our firm’s capabilities, technical expertise, and key personnel – along with our management’s commitment – match the City’s selection criteria.

Respectfully,
CIVIC SOLUTIONS, INC.

Thomas G. Merrell George Buell
President Senior Vice President

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City of Laguna Hills ♦ Proposal to Provide On-Call Planning Support Services March 17, 2023 ♦ iii
Contents
A. Cover Letter ................................................................................................................................................................ ii B. Company Data ............................................................................................................................................................ 1 C. Resumes and Qualifications of Personnel ...................................................................................................... 3 D. Organizational Chart ............................................................................................................................................ 14 E. References ................................................................................................................................................................ 15 F. Project Understanding, Overview, and Approach ................................................................................... 16 G. Communication Plan ............................................................................................................................................ 18 H. Compensation/Payment Schedule ................................................................................................................. 19 I. Certificate of Insurance – Attachment 2 ...................................................................................................... 20 J. Certification of Proposal – Attachment 3 .................................................................................................... 21 Non-Collusion Affidavit – Attachment 1 ................................................................................................................ 23

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City of Laguna Hills ♦ Proposal to Provide On-Call Planning Support Services March 17, 2023 ♦ 1
B. Company Data 1. Official Name and Address
Civic Solutions, Inc.
27362 Calle Arroyo
San Juan Capistrano, CA 92675

2. Primary Point of Contact
Name: George Buell, Senior Vice President
Address: 27362 Calle Arroyo, San Juan Capistrano, CA 92675 Telephone: (949) 489-1442

3. Type of Entity
C Corporation

4. Federal Employer ID Number
33-0689860

5. Firm Locations
Headquarters: Satellite Office:
27362 Calle Arroyo 3200 Guasti Road, Suite 100
San Juan Capistrano, CA 92675 Ontario, CA 91761
(949) 489-1442 (909) 930-3999
[email protected] [email protected]

6. Ownership Statement
Civic Solutions is a C Corporation, and no stock is owned or held by any outside individual or entity.

7. Number of Years in Business
32 8. Number of Years of Experience
32 9. Comparable Contracts
Civic Solutions has provided On-Call Planning Support Services to numerous cities over our company history. Listed below are comparable contracts during the last 5 years. Due to the Scope of Work provided, the request to include the Developer of the project, cost of construction, and size of project are not applicable to this proposal.

Year Started
and Completed Client Project Manager
2022 – ongoing City of Aliso Viejo George Buell
2022 – ongoing City of Anaheim Mary Wright
2022 – ongoing City of Rancho Cucamonga Jean Ward
2022 – ongoing City of Moreno Valley Kirt Coury
2022 – ongoing City of Laguna Beach George Buell
2022 – ongoing City of El Segundo George Buell

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City of Laguna Hills ♦ Proposal to Provide On-Call Planning Support Services March 17, 2023 ♦ 2
B. Company Data
(continued) Year Started
and Completed Client Project Manager
2022 – ongoing City of Manhattan Beach George Buell
2022 – 2023 City of Dana Point George Buell
2021 – ongoing City of Moorpark Mary Wright
2021 – ongoing City of San Marcos George Buell
2021 – ongoing City of Malibu Mary Wright
2021 – ongoing City of Encinitas George Buell
2021 – 2022 City of San Clemente George Buell
2021 – 2022 City of Indio George Buell
2021 – 2022 City of Laguna Hills George Buell
2020 – 2022 City of Encinitas Patty Anders
2019 – 2021 City of San Clemente Kirt Coury
2019 – 2022 City of Westlake Village Jean Ward
2018 – 2021 City of Menifee Kirt Coury
2018 – 2022 City of Malibu Mary Wright
2018 – 2018 City of Monterey Park Kirt Coury
2018 – 2022 City of Rancho Cucamonga Jean Ward
2018 – ongoing City of La Mesa Kirt Coury

10. Civic Solutions has never failed or refused to complete a contract.

11. Mr. Thomas G. Merrell, President, is the founder of the company and retains full ownership of the firm.

12. Civic Solutions does not hold any financial interests in any other lines of business, and all of our current clients are public agencies.

13. Civic Solutions and its Principal/Project Managers have not had any litigation filed against them within the last 5 years related to performance of a professional services agreement or participating on a project.

14. Civic Solutions and its Principal/Project Managers have not entered into any professional services agreements or other service contracts within the last 5 years that were terminated for cause or required completion by another party.

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City of Laguna Hills ♦ Proposal to Provide On-Call Planning Support Services March 17, 2023 ♦ 3
C. Resumes and
Qualifications
of Personnel
Headquartered in San Juan Capistrano, Civic Solutions is a full-service planning consulting firm with professional staff employed at all levels typically required by local governmental agencies. As seen in the resumes that follow, all staff proposed to work with the City of Laguna Hills are experienced, professional planners. In addition, we have a full complement of administrative staff to ensure our planners are equipped and able to provide excellent service. Specific administrative support includes one staff member to meet each of our finance, human resources, information technology, and word processing needs. It should be noted that, with the exception of word processing and clerical services, there is no additional cost beyond our stated hourly billing rates for administrative support.

The requested list of all clients served by our proposed staff is as follows.

Name Client Agencies Served with Civic Solutions
Mary Wright
Vice President/Principal
Planner
City of Jurupa Valley, City of Malibu, City of
Buellton, City of Laguna Beach, City of La Habra
Heights, City of Lake Forest, City of Oceanside, City
of Carlsbad, City of Downey, City of Westlake
Village, City of Moreno Valley, City of Cypress, City
of Fountain Valley, City of Huntington Beach, City
of Aliso Viejo, City of Inglewood
Adam Pisarkiewicz
Senior Planner
City of San Clemente, City of Jurupa Valley, City of
Malibu, City of Rancho Cucamonga, City of
Moorpark, City of Buellton
John Kanlund
Senior Planner
City of Aliso Viejo, City of Encinitas, City of Jurupa
Valley, City of Oceanside, City of Malibu
Elizabeth Yee
Association Planner
City of Anaheim, City of Jurupa Valley, City of
Manhattan Beach
Edith Medina
Associate Planner
City of Aliso Viejo, City of Buellton, City of Jurupa
Valley, Kings County Association of Governments;
and in a sub-contractor capacity to the Southern
California Association of Governments and the San
Diego Association of Governments

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City of Laguna Hills ♦ Proposal to Provide On-Call Planning Support Services March 17, 2023 ♦ 4
Highlights
• Leadership
• Strategic Planning
• Government Relations
• Development Regulations
• Advance Planning
• Policy Planning
• Land Use Planning
• Entitlements
• Regulatory Review &
Compliance
• Team Development
• Organizational
Effectiveness
• Community Relations
• Public Facilitation
Education
Bachelor of Arts, Urban
Geography; Minor in
Health Promotion,
California State University,
Fullerton, California
Affiliations
American Planning
Association
Urban Land Institute
International City/County
Management Association
GEORGE R. BUELL

SENIOR VICE PRESIDENT
Mr. Buell is a well-respected planning administrator with over 25 years of planning and management experience in California and Washington. Mr. Buell serves as Senior Vice President of Civic Solutions, managing overall operations of the company and working with the executive management team to develop and implement the company’s business plan. He also serves as Principal-in-Charge for a number of the company’s important projects, providing strategic direction and oversight. Mr. Buell has served in leadership positions with several cities in Southern California, including Santa Barbara, San Clemente and Oceanside, and knows how to develop successful work plans that meet the needs of the municipalities he serves.

Highlights of Mr. Buell's experience include:

Civic Solutions, Inc., Senior Vice President, 2020-Present Manages the firm’s operations and works directly with major clients. Works with the management team on all aspects of business operations including staffing, marketing, and business planning. Serves as Principal-in-Charge on a number of the company’s major projects, ensuring the development of realistic work programs and the preparation of quality documents.

City of Santa Barbara, Community Development Director, 2014-2020 Served as the City’s Community Development Director with a staff of 77 in four divisions: Administration, Building and Safety, Housing and Human Services, and Planning. Responsible for administration of 13 boards and commissions and management of a General Fund budget of $12 million. Collaborated daily with executive staff and decision makers including the Mayor, City Council members, and appointed officials. Served as the City’s liaison with federal, state, and local agencies, including offices of elected officials, the League of California Cities, the California Coastal Commission, State Housing and Community Development (HCD), Resource Agencies, the County of Santa Barbara, and other municipalities.

Represented the City before local advocacy and interest groups such as the Chamber of Commerce, Downtown Santa Barbara, the American Institute of Architects, the Association of Realtors, and environmental and neighborhood groups.

City of Oceanside, Development Services Director, 2008-2014 Managed a department of 53 staff in three divisions: Building and Safety, Capital and Development Engineering, and Planning. Was responsible for administration of the Planning Commission, the Historic Preservation Advisory Commission, and the Oversight Board. Managed a General Fund budget of $7.5 million and a Capital Improvements budget of $41 million. Interacted daily with fellow executive staff, City Council aides, elected and appointed officials, and staff from federal, state, regional and local agencies.

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City of Laguna Hills ♦ Proposal to Provide On-Call Planning Support Services March 17, 2023 ♦ 5
GEORGE R. BUELL City of San Clemente, City Planner, 2002-2008 Reported to the Community Development Director and provided strategic and operational leadership to a division of 12 employees with a $1.5 million General Fund budget. Regularly advised Council members, Planning Commissioners, and executive staff and collaborated with staff on issues of interest. Served as Secretary to the Planning Commission and the Design Review/Cultural Heritage Subcommittee. With a creative staffing strategy, managed through a time of brisk development activity and growing public demands for quality architecture, and increased attention to historic preservation.

Triad Associates, Partner, Kirkland, Washington, 1998-2002 Partner in a private land development consulting firm with more than 100 employees, practicing civil engineering, GIS, landscape architecture, planning, and surveying. Also served as a senior land use planner and managed the company’s GIS department.

City of Fullerton, Associate Planner, 1991-1998
Served as Associate Planner responsible for environmental programs and special projects.

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City of Laguna Hills ♦ Proposal to Provide On-Call Planning Support Services March 17, 2023 ♦ 6
Highlights
• Leadership
• Project Management
• Quality Control
• Development
Regulations
• Environmental Planning
• Policy Planning
• Housing Elements
• Entitlements
• Government Relations
• Regulatory Review &
Compliance
• Team Development
• Economic Development
• Coastal Development
• Community Relations
• Public Facilitation
Education
Master of City Planning
with Distinction, San
Diego State University,
San Diego, California
Bachelor of Arts,
Geography with Environmental Emphasis, San
Diego State University,
San Diego, California
Affiliations
American Planning
Association
MARY P. WRIGHT

VICE PRESIDENT/DIRECTOR OF PLANNING SERVICES/PRINCIPAL PLANNER Ms. Wright is a planning professional with over 30 years of planning and environmental experience in California including public and private sector work serving municipal agencies. Ms. Wright has a demonstrated knowledge of principles, practices and trends in urban and environmental planning along with strong public participation and facilitation skills. Her extensive comprehensive planning background and outstanding written, verbal and interpersonal communication skills are highlighted at City Council, Planning Commission and other public meetings.

Prior to joining Civic Solutions, Ms. Wright served as the Deputy Planning Director of the City of San Diego.

Highlights of Ms. Wright's experience include:

Civic Solutions, Inc., Director of Planning Services/Principal Planner 2013-present Responsible for the company’s marketing strategy, managing contracts, and providing staff to serve planning agencies. Also serves as a Principal Planner/Project Manager, providing advance and current planning services directly to municipal agencies. Work includes the preparation of general plan amendments and updates, tailored zoning ordinance amendments and the management of residential, commercial and industrial development projects. In addition, Ms. Wright has experience preparing Housing Elements and conducting detailed site inventories and analyses to ensure that municipalities adequately plan for their Regional Housing Needs Allocation (RHNA).

City of San Diego, Deputy Director, Planning Department, 2007-2012 Managed 44-member, $8 million budgeted division including management, professional and administrative staff. Directed long-range planning activities including general, community and mobility planning, multiple species habitat preservation, historic review, park planning, budgeting and administration.

Developed the community plan update program with ten concurrent updates in process. Oversaw the community planning group system with over 40 active groups.

Developed long-range planning programs, zoning ordinances, policies, and procedures.

City of San Diego, Program Manager, Planning Department, 2001-2007 Managed community planning activities in the southern half of the City of San Diego. Supervised a diverse staff responsible for updating plans and reviewing development projects and planning documents. Developed policy and zoning recommendations related to public and private development. Prepared and presented reports to the Planning Commission and City Council. Served as the City liaison to the San Diego Unified School District.

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City of Laguna Hills ♦ Proposal to Provide On-Call Planning Support Services March 17, 2023 ♦ 7
MARY P. WRIGHT City of San Diego, Program Manager, Planning Department, 1998-2001 Served concurrently in two related management roles for the City of San Diego.

Established and managed the Mid-City Community Service Center, providing City services to a dense neighborhood of the City. Coordinated with agencies, nonprofit groups, and other stakeholders on neighborhood issues. Supervised professional staff responsible for planning in the central urbanized core of the City. Served as the Department’s grant coordinator involving researching grant opportunities, applying for grants and negotiating with granting agencies.

City of San Diego, Livable Neighborhoods Coordinator, Community and Economic Development Department, 1996-1998
Coordinator of a comprehensive program to bring together eight interdisciplinary teams of City staff to address neighborhood problems. Developed the prototype for Revitalization Action Plans or RAPs to document and prioritize community needs and targeted municipal services. Managed the $3 million Neighborhood Revitalization Superfund and coordinated with elected officials to identify and fund neighborhood projects.

City of San Diego, Senior Planner, Planning Department, 1989-1996 Served as the lead long-range planner for multiple communities in the City.

Managed the preparation of the Mid-City Communities Plan. Prepared the Mission Valley Planned District Ordinance (zoning ordinance). Reviewed development proposals for conformance with City of San Diego planning policies.

City of San Diego, Associate Planner, Planning Department, 1986-1989 Served as an environmental analyst and a coastal permit planner. Evaluated and documented the environmental effects of development proposals pursuant to CEQA. Assisted with the successful City effort to secure coastal permitting authority from the California Coastal Commission. Processed coastal permits for private development proposals.

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City of Laguna Hills ♦ Proposal to Provide On-Call Planning Support Services March 17, 2023 ♦ 8
Highlights
• Project Management
• Project Review
• Zoning Review
• Advanced Planning
• Housing Elements
• Research and Analysis
• Specific Plans
• Discretionary Case
Processing
• Public Counter Support
Technical Skills
• ArcGIS
• Adobe Illustrator
• Adobe InDesign
• SketchUp
• Microsoft Office Suite
Education
Master of Urban Planning,
University at Buffalo,
Buffalo, New York
Bachelor of Science and
Politics, Ithaca College,
Ithaca, New York
Affiliations
American Planning
Association
American Institute of
Certified Planners

ADAM PISARKIEWICZ, AICP

SENIOR PLANNER
Mr. Pisarkiewicz is a motivated planning professional with strength in research and analysis for planning, policy, and urban design projects. His experience includes zoning code updates, preparation of Housing Elements, housing-related zoning code amendments, and preparation of form-based codes. Mr. Pisarkiewicz is skilled in preparation of maps, graphics, public presentations, and project management.

Highlights of Mr. Pisarkiewicz’s experience include:

Civic Solutions, Inc., Senior Planner, 2021-Present
Works with Civic Solutions’ municipal clients performing a variety of duties in support of the planning function. Duties include managing and preparing zoning code updates, creation and management of long range planning initiatives, research and analysis, staff support to municipal planning departments, and project management. Responsible for preparation of planning reports including recommendations and supporting data for approval and presentation to Planning Commissions and other public bodies. He also provides assistance to city staff, applicants, and consultants in understanding municipal requirements, analyzing issues, and recommending solutions and strategies.

Lisa Wise Consulting, Inc., Los Angeles, California, Associate Planner, 2019-2021 Assisted Project Managers in conducting zoning code audits, updating zoning codes, writing form-based codes, and updating General Plan Housing Elements.

Contributed to the report production process including preparing maps, graphics, technical report writing, and coordinating input from project partners. Provided support in implementing community outreach strategies, conducting ongoing client meetings, managing interns, creating budgets and scopes of work. Conducted public presentations and participated in public meetings.

Village of Port Chester, New York, Planner, 2017-2019
Assisted in the creation, management, and implementation of various long-range plans including a Village-wide form-based code, downtown streetscape and waterfront promenade plan, downtown design guidelines, downtown mobility and parking plan, gateway signage plan, and wayfinding signage plan. Administered all application intake, wrote staff reports, wrote SEQRA environmental reports and presented proposed projects to the Planning Commission. Managed various state and private grants to fund planning and improvement projects. Handled all public counter questions, meetings with developers, and property owners.

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ADAM PISARKIEWICZ Town of Greenwich, Connecticut, Planner I, 2016-2017 Met with developers, architects, and lawyers to process and review Planning and Zoning applications, site plans, and architectural designs. Wrote staff reports for Planning and Zoning Commission agenda items. Evaluated site plans and architectural plans for compliance with Commission decisions to forward to permit.

Aided the public in disseminating Town planning initiatives and zoning regulations at the Planning and Zoning public counter. Participated in planning studies, prepared research, and coordinated with relevant departments.

Elmwood Village Association, Buffalo, New York, Neighborhood Planning Associate, 2016
Assisted the Executive Director in managing a New York Main Street Program grant award. Evaluated applications for grant funding, which included building renovation and façade improvement. Organized environmental reviews and state historic preservation documents for grantees. Assisted in organizing and conducting public meetings.

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City of Laguna Hills ♦ Proposal to Provide On-Call Planning Support Services March 17, 2023 ♦ 10
Highlights
• Urban Planning
• Ministerial &
Discretionary Project
Review
• Environmental Analysis
• Project Management
• CEQA and NEPA
• Regulatory Review and
Compliance
• Wildlife Biology
• Military Planning
• Public Counter Support
• Field inspections
• Community Outreach
• Bilingual/Spanish
Education
Master in Engineering for
Sustainability and
Health, University of San
Diego, San Diego,
California
Master of Science in
Transportation and
Engineering
Management (in
progress), California
State University
Maritime Academy,
Vallejo, California
Graduate Certificate
Advanced Public
Engagement,
Pepperdine University,
Malibu, California
Master of Education,
University of San Diego,
San Diego, California
Bachelor of Arts in
Environmental Studies,
University of Nevada,
Las Vegas, Nevada
Bachelor of Science in
Urban and Regional
Planning, California
Polytechnic University,
Pomona, California

JOHN KANLUND

SENIOR PLANNER
John Kanlund has over 12 years of increasingly responsible professional planning and environmental experience working for municipalities, the Department of Defense, and private clients in multiple states and worldwide locations. Specializing in permit review and processing, as well as NEPA and CEQA analysis and document preparation, Mr. Kanlund has provided complex planning solutions for clients with proven results. Two of Mr. Kanlund’s projects have received planning recognition for excellence, and one project received an Association of Environmental Professionals Award in 2014.

Highlights of Mr. Kanlund's experience include:

Civic Solutions, Inc., Associate Planner, 2022
Works with Civic Solutions’ municipal clients performing project management for discretionary case processing, including plan review, research, environmental documentation, staff reports, resolutions, public hearing notices, and interdepartment coordination. Assists in the preparation of planning reports, including recommendations and supporting data for approval and presentation to planning commissions and other decision-making bodies, and works with clients to resolve issues and alter designs when necessary. Assists applicants and consultants understand municipal requirements, analyze issues, and recommend solutions and strategies. Attends planning commission and city council meetings and makes presentations.

City of Encinitas/Civic Solutions, Assistant Planner, 2019-2022 Was responsible for a variety of current planning assignments including public counter support, project review, and plan check services. Conducted reviews of building permits, plans, and zoning compatibility for various applicants. Coordinated with City reviewing disciplines to compile project comments, and worked with developers on project changes to meet the requirements of City policies and regulations.

Moore Iacofano and Goltsman (MIG), Environmental Analyst, 2017-2019 Worked on a team analyzing environmental issues and preparing documents, including drafting of multiple CEQA and NEPA sections, conducting field surveys, performing research, and maintaining project files. Completed air quality modeling, noise studies, sensitive species surveys, and other environmental reviews for clients throughout California.

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City of Laguna Hills ♦ Proposal to Provide On-Call Planning Support Services March 17, 2023 ♦ 11
JOHN KANLUND Reid Planning, Inc., Architectural Engineering Project Manager, 2015-2016 Completed worldwide projects for clients in the United States, Europe, and the Middle East. Position requirements included managing 23 staff members in three states, conducting field visits, budgets, training, and NEPA document preparation.

Projects managed included Bureau of Medical and Surgery (BUMED) asset and facilities management worldwide. Mr. Kanlund conducted asset management for 23 Navy Hospitals worldwide.

City of Oceanside/Civic Solutions, Planning Assistant, 2014-2015 Served as a planner and project manager for ministerial and discretionary project applications and completed development project reviews for residential and commercial facilities in the City of Oceanside. Position requirements included conducting field visits for permitting reviews, completing budgets, participating in client meetings, and preparing planning documents.

Chambers Group, Community Planner/Staff Biologist, 2009-2014 Conducted field studies, project management, baseline studies, CEQA documentation, proponent’s environmental impact reports, environmental assessments, and proposal/marketing projects.

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City of Laguna Hills ♦ Proposal to Provide On-Call Planning Support Services March 17, 2023 ♦ 12
Highlights
• Land Use Planning
• Entitlement Processing
• Research and Analysis
• Public Counter Support
• Zoning Review
• CEQA Documentation
• Project Design Review
• Project Management
• Advance Planning
• Public Presentations
Education
Master of City and
Regional Planning,
Cal Poly San Luis Obispo,
California
Bachelor of Arts, Urban
Studies, University of
California, Irvine,
California
Affiliations
American Planning
Association
Technical Skills
Adobe Creative Suite
Microsoft Office
Google Sketch Up
Hand Sketching
Auto CADD
ArcGIS

ELIZABETH YEE

ASSOCIATE PLANNER
Ms. Yee is a highly motivated, results-driven professional with a successful track record processing and reviewing residential and non-residential development projects for general plan, zoning, and design conformance. In addition, her experience in municipal planning includes work on major projects such as a community plan for the City of Oceano, and the 6th Cycle Housing Element for the City of Jurupa Valley. Ms. Yee works well in team situations, has exceptional organizational and research skills, and adapts to various work environments easily.

Ms. Yee is bilingual in English and Chinese (Cantonese).

Highlights of Ms. Yee’s experience include:

Civic Solutions, Inc., Associate Planner, 2020-Present
Ms. Yee provides associate-level urban planning services to our public agency clients.

Duties include ministerial and discretionary permit processing, plan checks, and public counter support, as well as general plan and zoning code amendments. She coordinates with applicants, design professionals, and the public on projects and issues. She prepares staff reports, resolutions, and conditions of approval and makes presentations to planning commissions and other public bodies. Ms. Yee regularly assists applicants and consultants to understand municipal requirements and analyze issues, and recommends solutions and strategies. In addition, she is currently serving as one of the primary authors of the City of Jurupa Valley 6th Cycle Housing Element.

Cal Poly San Luis Obispo College of Architecture and Environmental Design, Teaching Assistant, 2018-2019
Ms. Yee conducted research and analysis for a general plan update for the City of Parlier, California. In addition, she created plans, illustrations, and policy documentation alongside undergraduate students for the document. She also critiqued drafts for state and federal policy consistency.

City of Manteca, Assistant City Planner, 2014-2017
Ms. Yee reviewed residential and non-residential development for zoning and design conformance. She prepared written and oral staff reports for City Council and Planning Commission hearings and public workshops and provided recommendations on development projects. She assisted property owners, architects, engineers, and the public regarding city development policies and standards and aided in analysis, development, implementation, and design for the Family Entertainment Zone Master Plan. In addition, Ms. Yee evaluated environmental information to reduce adverse impacts of industrial and commercial development under CEQA and wrote initial studies.

Planning Intern, City of Irvine, 2013
Ms. Yee assisted with the 2013 update of the Irvine General Plan Housing Element.

She conducted research for an industrial park development and rehabilitation project and performed plan checks on development site plans and development code compliance. She also generated maps of researched data using GIS software.

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City of Laguna Hills ♦ Proposal to Provide On-Call Planning Support Services March 17, 2023 ♦ 13
Highlights
• Land Use Planning
• Entitlement Processing
• Research and Analysis
• Public Counter Support
• Zoning Review
• CEQA Documentation
• Project Design Review
• Project Management
• Advance Planning
• Public Presentations
• Planning Surveys
Education
Ph.D., Urban and Environmental Planning and
Policy, University of
California, Irvine,
California
Master of Public Policy,
University of California,
Irvine, California
Bachelor of Arts,
Interdisciplinary Major
in Sociology and Political
Science, DePauw
University, Greencastle,
Indiana
Affiliations
American Planning
Association
Urban Affairs Association
Association of Collegiate
Schools of Planning
Technical Skills
R and STATA
ATLAS.ri
ESRI ArcMap
Qualtrics
EDITH MEDINA HUARITA, PH.D.

ASSOCIATE PLANNER
Ms. Medina Huarita is a highly motivated, results-driven professional with a successful track record as an urban planner and researcher with special emphasis in housing policy, landlord-tenant relations, Latino and immigrant communities, tenants’ social movements, inequality, and poverty. Her recent Ph.D. dissertation addressed the housing crisis in the private rental sector. Ms. Huarita is bilingual in English and Spanish.

Highlights of Ms. Huarita's experience include:

Civic Solutions, Inc., Associate Planner, 2021
Ms. Huarita provides discretionary project management and urban planning research and analysis services to our public agency clients. She is responsible for performing complex research and analysis regarding land use, policy development, and legal requirements as well as analyzing population and housing trends. She develops and implements survey instruments to solicit public input on important issues and prepares general plan and zoning amendments to implement new legislation. She also prepares staff reports, resolutions, and conditions of approval and makes presentations to planning commissions and other public bodies.

University of California, Irvine, Research Assistant, Fall 2020 to Fall 2021 Ms. Huarita assisted professors conducting an “Adminigration” research project funded by the National Science Foundation. In this role, she reviewed literature to remain current with new procedures, identified relevant questions, and determined the best methods of data collection for the study.

City of Pico Rivera, Consultant, Winter 2019/2020 to Fall 2020 Ms. Huarita conducted research and analysis regarding homelessness prevention in the City. She worked closely with team members to deliver project requirements, develop solutions, and meet deadlines. She also designed survey instruments and questionnaires to obtain research data and conducted focus group meetings.

Various Employers, Legal Research Assistant, 2009-2014
Served as a legal researcher for various employers regarding eviction and mass/class action cases. Drafted motions, briefs, and other correspondence. Also researched and developed jury presentations and exhibits.

Various Educational Institutions, Instructor/Lecturer/Teaching Assistant, Fall 2015 to Present
Performs a variety of instructional and supportive functions in the fields of planning, public policy and Latinx studies. Institutions include the University of California – Irvine, California State University – Long Beach, and Occidental College.

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City of Laguna Hills ♦ Proposal to Provide On-Call Planning Support Services March 17, 2023 ♦ 14
D. Organizational
Chart
As a contractor to the City, our objective is to provide excellent professional planning services that meet or exceed the City’s and its customers’ expectations.

And part of that is aways recognizing that our business serves as an extension of staff and represents the City exceptionally well. As with City staff, we are fully committed to serving the City of Laguna Hills in the public interest.

In the event there is need to assign different or additional Civic Solutions staff members to work in this contract, such change will be preceded by direct communication as soon as possible between the City and Civic Solutions. The City will be provided with additional resumes and have the opportunity to meet with and approve each candidate prior to commencement of work.

City of Laguna Hills
Community Development Dept.

Civic Solutions
George Buell
Management Contact /
Project Manager
Mary P. Wright
Principal Planner
Adam Pisarkiewicz, AICP
Senior Planner
John Kanlund
Senior Planner
Elizabeth Yee
Associate Planner
Edith Medina-Huarita, Ph.D.

Associate Planner

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