Agenda packet — Lake Forest City Council, September 5, 2023

AMENDED AGENDA

LAKE FOREST CITY COUNCIL
Regular Meeting of the City Council
Tuesday, September 5, 2023
Closed Session 5:30 p.m.

Public Session 6:30 p.m.

City Council Chambers, 100 Civic Center Drive, Lake Forest, California Teleconference Location:

Council Member Yu will be teleconferencing from the following location:

Lobby of Shades of Green Hotel, 1950 W. Magnolia Palm Dr.

Lake Buena Visa, FL 32830
Pursuant to California Government Code Section 54953(b)(3), any member of the public wishing to address the City Council directly pursuant to California Government Code Section 54954.3 may do so at each teleconference location, as listed above, at the time the item is considered.

NOTICE: Pursuant to Lake Forest Municipal Code Section 2.04.010, Regular Meetings of the City Council are held the First and Third Tuesday of each month at the hour of 5:30 p.m. for Closed Session matters, if required. The Public Session of the meeting shall commence at 6:30 p.m. or as soon thereafter as possible. Special Meeting times may be held at a different time and date as listed on the Agenda.

AGENDA DOCUMENT REVIEW: The Agenda and staff reports are available on the Internet at https://www.lakeforestca.gov/en/government/meeting-agendas-and-minutes/meeting-agendas and at the City Clerk’s Office, 100 Civic Center Drive, Lake Forest, California, on the Friday before the meeting on Tuesday.

AGENDA DESCRIPTION: The Agenda descriptions are intended to give notice to members of the public of a general summary of items of business to be transacted or discussed. The listed Recommended Action represents staff’s recommendation. The City Council may take any action which it deems to be appropriate on the agenda item and is not limited in any way by the recommended action.

AGENDA ON SOCIAL MEDIA: This meeting will be streamed through Facebook Live. Comments will not be taken via Facebook Live. The City provides the Facebook Live stream as an additional service to the public. However, the City cannot guarantee that its network and/or the site will be uninterrupted. The City is not responsible for any interrupted service.

SPECIAL NOTICE REGARDING PUBLIC ACCESS TO THE MEETING AND PUBLIC COMMENT:

PUBLIC PARTICIPATION: In addition to attending in person, members of the public may access the meeting live on our website at https://www.lakeforestca.gov/en/government/meeting-agendas-and-minutes/meeting-agendas.

PUBLIC COMMENT PRIOR TO THE MEETING: Members of the public may submit email comments to [email protected]. Email comments will be uploaded to the agenda packet and made part of the official public record of the meeting and will not be read at the meeting. To ensure staff reviews all comments prior to the City Council meeting, please submit email comments no later than 5:00 p.m. the day of the meeting.

PUBLIC COMMENT: Members of the public may provide comments in-person at the meeting. Public comments will no longer be accepted remotely. Those wishing to provide comments in-person at the meeting will be asked to submit a request to speak to the City Clerk. To ensure prompt distribution to the City Council, members of the public wishing to provide written materials to the City Council should do so prior to the start of the meeting or as close thereto as possible, as time will not be taken during the public comment period to distribute written materials to the City Council.

September 5, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 1 CALL TO ORDER:

Council Members:

Mayor Pro Tem:

Mayor:

City Manager:

City Attorney:

City Clerk:
5:30 p.m.

Robert Pequeño
Scott Voigts
Benjamin Yu
Mark Tettemer
Doug Cirbo
Debra Rose
Matthew E. Richardson
Lisa Berglund
CLOSED SESSION PUBLIC COMMENT:

CLOSED SESSION: At this time, the City Council may recess to Closed Session for conference with Legal Counsel to discuss the items listed below pursuant to Government Code requirements. Any items not concluded by 6:30 p.m. may be continued to the end of the Public Session. At this time, members of the public may address the City Council regarding any items listed on the Closed Session agenda. No action may be taken on items not listed on the agenda unless authorized by law. Comments shall be limited to three minutes per item. Any person wishing to address the City Council on a Closed Session matter is requested to complete a "Request to Speak" form available at agenda public review table near the entrance. The completed form is to be submitted to the City Clerk prior to an individual being heard by the City Council. Whenever possible, lengthy testimony should be presented to the City Council in writing (8 copies) and only pertinent points presented orally.

CLOSED SESSION (Item Nos. 1 – 2)
CLOSED SESSION: At this time, the City Council may recess to Closed Session for conference with Legal Counsel to discuss the items listed below pursuant to Government Code requirements. Any items not concluded by 6:30 p.m. may be continued to the end of the Public Session.

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
PURSUANT TO GOVERNMENT CODE SECTION 54957
TITLE: CITY ATTORNEY
RECOMMENDED ACTION: Conduct closed session.

2. CONFERENCE WITH LABOR NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54957.6
AGENCY DESIGNATED REPRESENTATIVE: MAYOR AND CITY

MANAGER
UNREPRESENTED EMPLOYEE(S): ALL EMPLOYEES
September 5, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 2 RECOMMENDED ACTION: Conduct closed session.

RECESS: City Council will recess to Closed Session for the purpose of conducting regular City business.

RECONVENE: City Council will reconvene to continue regular City business.

PUBLIC SESSION: 6:30 p.m.

PUBLIC SESSION: At this time, the City Council will convene to consider public matters. Those wishing to address the City Council must submit a completed “Request to Speak” form to the City Clerk prior to City Council action.

INVOCATION: The Invocation will be provided by Rabbi Zalman Marcus, Chabad of Mission Viejo.

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country to be led by Cub Scout Pack #765.

CLOSED SESSION REPORT: City Attorney will report on Closed Session.

REPORT FROM STUDENT LIAISON: Report from Aarav Rajpara, Student Liaison from El Toro High School.

PRESENTATIONS (Item Nos. 3 – 8)

3. RECOGNITION OF THE VOLUNTEERS IN PARKS PROGRAM

PARTICIPANTS
RECOMMENDED ACTION: Recognize the volunteers who performed the quarterly park inspections for the Volunteer in Parks ("VIP") Program for Fiscal Year 2022-2023
September 5, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 3

4. PROCLAMATION DESIGNATING SEPTEMBER 2023 AS NATIONAL

PREPAREDNESS MONTH
RECOMMENDED ACTION: Approve the Proclamation designating September 2023 as National Preparedness Month

5. PROCLAMATION DECLARING SEPTEMBER 2023 AS HUNGER ACTION MONTH
RECOMMENDED ACTION: Present a proclamation designating September 2023 as “Hunger Action Month.”

6. RECOGNITION OF FAMILY ASSISTANCE MINISTRIES 36TH ANNUAL HUNGER WALK ON SEPTEMBER 30, 2023
RECOMMENDED ACTION: Present a certificate of recognition to Family Assistance Ministries in support of the 36th Annual Hunger Walk on September 30, 2023.

7. PROCLAMATION DECLARING SEPTEMBER 2023 AS SERVICE CLUBS MONTH
RECOMMENDED ACTION: Present a proclamation designating September 2023 as "Service Clubs Month."
September 5, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 4

8. PROCLAMATION DECLARING SEPTEMBER 2023 AS WORLD

ALZHEIMER'S AWARENESS MONTH
RECOMMENDED ACTION: Present a proclamation designating September 2023 as "World Alzheimer's Awareness Month."

PUBLIC COMMENTS
Members of the public can submit an e-comment to [email protected]. E-comments will not be read at the meeting.

Members of the public may also provide comments in-person at the meeting. Those wishing to provide comments at the meeting will be asked to submit a request to speak to the City Clerk.

CONSENT CALENDAR (Item Nos. 9 – 12)
All matters listed under the Consent Calendar are considered routine and will be enacted by one vote. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request specific items be removed from the Consent Calendar for separate action.

9. MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES RECOMMENDED ACTION: Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.

10. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON AUGUST 15, 2023
RECOMMENDED ACTION: Approve as submitted.

11. REJECT ALL BIDS AND AUTHORIZE RE-BIDDING FOR PITTSFORD

PARK SHADE STRUCTURE CANOPY REHABILITATION PROJECT (PW
2022-09)
RECOMMENDED ACTION: 1. Reject all bids for the Pittsford Park Shade Structure Rehabilitation Project (PW-2022-09). 2. Authorize staff to solicit new bids for this project.

September 5, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 5

12. AWARD OF CONTRACTS FOR CONTRACT ADMINISTRATION AND

CONSTRUCTION INSPECTION SERVICES FOR ARTERIAL

RESURFACING PROJECTS
RECOMMENDED ACTION: 1. Award a Professional Consultant Services Agreement with a compensation amount of $252,853.55 to Interwest Consulting Group for Contract Administration and Construction Inspection Services. 2. Award a Professional Consultant Services Agreement with a compensation amount of $194,620 to Z&K Consultants Inc. for Contract Administration and Construction Inspection Services. 3. Authorize the Mayor to sign, and the City Clerk to attest, the award of contracts to Interwest Consulting Group and Z&K Consultants Inc.

PUBLIC HEARING(S) (Item No. 13)
Public Hearings are scheduled for a time certain of 6:30 p.m. or as soon thereafter as possible. City Council, when considering the matter scheduled for hearing, will take the following actions: 1. Open the Public Hearing. 2. Receive staff report. 3. Accept public testimony. 4. City Council comments and questions. 5. Close the Public Hearing and take appropriate action.

13. THE MEADOWS GENERAL PLAN AMENDMENT (“GPA”) 06-23-5639 AND NAKASE AREA PLAN AMENDMENT (“AP”) 06-23-5640 TO AMEND

THE GENERAL PLAN PUBLIC FACILITY LAND USE DESIGNATION FOR

THE SCHOOL SITE LOCATED WITHIN THE MEADOWS RESIDENTIAL

COMMUNITY AT THE SOUTHEAST CORNER OF BAKE PARKWAY AND

RANCHO PARKWAY TO LOW-DENSITY RESIDENTIAL, AND AMEND
THE NAKASE AREA PLAN’S SCHOOL SITE DESIGNATION TO A
NEIGHBORHOOD 6 DESIGNATION, INCLUDING APPURTENANT
EXHIBITS, GRAPHICS, TABLES, AND TEXT.

RECOMMENDED ACTION: Table the item to allow for consultation with tribal governments as required by Senate Bill (“SB”) 18.

DISCUSSION/ACTION ITEMS (Item Nos. 14)
The following matters are for City Council consideration/discussion/action. Members of the public may have the opportunity to address these items if they wish to do so. Please complete the Request to Speak form and give to the City Clerk.

14. CROSSING GUARD SERVICES DISCUSSION
September 5, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 6 RECOMMENDED ACTION: Receive and File.

CITY MANAGER'S REPORT
At this time, the City Manager may comment on agenda and non-agenda items; and report on items of interest to the City Council and community.

CITY COUNCIL COMMENTS
At this time, City Council Members may comment on agenda or non-agenda matters. No discussion may take place on any item not appearing on the posted agenda. Council Members may ask a question for clarification, respond to statements made or questions posed by the public, make a brief announcement, or make a brief report on his or her own activities. In addition, the City Council may refer to staff or other resources for factual information, request staff to report back at a subsequent meeting or direct staff to place a matter of business on a future agenda. No action may be taken on non-agenda matters unless authorized by law (Government Code Section 54954.2).

Council Member Pequeño:

Council Member Voigts:

Council Member Yu:

Mayor Pro Tem Tettemer:

Mayor Cirbo:

ADJOURNMENT
In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this Meeting, including auxiliary aids or services, you should contact the Office of the City Clerk at (949) 461-3400.

Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and agenda back-up materials can be obtained from the Office of the City Clerk on the Friday prior to the City Council meeting. Copies of all Agendas, Staff Reports and Supporting Materials can also be found on the City’s website – https://www.lakeforestca.gov/129/Agendas.

Agenda and agenda packets, if requested, will be made available in an appropriate alternative format to persons with a disability as required by the Americans With Disabilities Act. Copies of the agenda are provided at no cost and agenda back-up materials are available at the per page copy cost.

The City of Lake Forest mailing address is City Council Chambers, 100 Civic Center Drive, Lake Forest, California.

Phone: (949) 461-3400. FAX (949) 461-3511
CERTIFICATION: I, Lisa Berglund, City Clerk of the City of Lake Forest, California, hereby certify that the foregoing agenda was posted for public review at City Hall on August 31, 2023.

Lisa Berglund
City Clerk
September 5, 2023 LAKE FOREST CITY COUNCIL AGENDA Page 7

CITY COUNCIL AGENDA REPORT
MEETING DATE: 9/5/2023
DEPARTMENT: Public Works
SUBJECT:

RECOGNITION OF THE VOLUNTEERS IN PARKS PROGRAM

PARTICIPANTS
RECOMMENDED ACTION(S):

Recognize the volunteers who performed the quarterly park inspections for the Volunteer in Parks ("VIP") Program for Fiscal Year 2022-2023 EXECUTIVE SUMMARY:

Staff recommends that the City Council recognize the dedicated volunteers in the Volunteer in Parks (“VIP”) program for Fiscal Year 2022-2023. At the City Council's direction in 2020, staff invited community members from the 2018 and 2019 Lake Forest Leadership Academy to assist in surveying our City parks. The program currently has 15 volunteers for the 31 City parks. This year, we had one volunteer exit the program while two new volunteers joined. Most of the volunteers inspect more than one park and email their quarterly park surveys via phone, tablet, or computer. When necessary, volunteers provided staff with feedback regarding any items that need attention at the park. This year, staff received reports describing the parks to be in good condition. If there were any issues, they typically would consist of requests for repairs due to vandalism.

Attached is the list of VIP program participants (Attachment 1) for Fiscal Year 2022-2023 and a sample certificate (Attachment 2). Staff would like to thank all our volunteers for another successful year in the program.

FISCAL IMPACT:

There is minimal fiscal impact associated with the recommended action.

ATTACHMENTS:

1. Volunteers in Parks Participation List

2. Sample Certificate
Item: 3
8 Initiated By: Peggy Samantha, Management Assistant
Submitted By: Michael McConaha, Public Works Maintenance Manager Approved By: Debra Rose, City Manager
Item: 3
9 Attachment 1
Item: 3
10 Volunteers in Parks Participants

Larry Arthur
Derek Barraza
Paul Egense
Dianne Hanks
Loretta Herrin
Rich Hobson
Jean Kulla
Shaena Kwok
Alan Phillips
Mark Ryan
Suzanne Ryan
Sue Rees
Justin Schmillen
Alexsis Veal
Huy Vuong
Item: 3
11 Attachment 2
Item: 3
12 CERTIFICATE OF RECOGNITION

THE LAKE FOREST CITY COUNCIL

HEREBY RECOGNIZES

Participant

Volunteers in Parks Program

2022-2023

The City Council and City of Lake Forest
appreciates your dedication and valuable contribution to the preservation of our parks.

September 5, 2023

________________________

DOUG CIRBO
MAYOR

________________________

MARK TETTEMER

MAYOR PRO TEM
________________________
ROBERT PEQUEÑO

COUNCIL MEMBER

________________________

SCOTT VOIGTS

COUNCIL MEMBER
________________________

BENJAMIN YU

COUNCIL MEMBER

Item: 3
13 CITY COUNCIL AGENDA REPORT
MEETING DATE: 9/5/2023
DEPARTMENT: City Manager
SUBJECT:

PROCLAMATION DESIGNATING SEPTEMBER 2023 AS NATIONAL

PREPAREDNESS MONTH
RECOMMENDED ACTION(S):

Approve the Proclamation designating September 2023 as National Preparedness Month
EXECUTIVE SUMMARY:

National Preparedness Month is observed each September in the United States.

The Department of Homeland Security Federal Emergency Management Agency ("FEMA") encourages all residents to prepare for emergencies at home and at work. The 2023 National Preparedness Month campaign focuses on preparing older adults for disasters. The City has programs and resources that encourage residents to help their families survive and recover from disasters and take the necessary steps to protect their family and home before the next wildfire, earthquake, pandemic, or storm. These resources include AM Radio 1690, Nixle (text messaging), an emergency hotline, Cox Channel 851, social media accounts, and evacuation routes. Residents can also prepare through the Community Emergency Response Team (“CERT”) program. Staff recommends the City Council approve the Proclamation designating September 2023 as "National Preparedness Month" in the City of Lake Forest.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

Proclamation Designating September 2023 as National Preparedness Month Initiated By: Sharlyn De la Paz, Senior Management Analyst Submitted By: Sean McGovern, Assistant to the City Manager Approved By: Debra Rose, City Manager
Item: 4
14 Attachment
Item: 4
15 PROCLAMATION

THE LAKE FOREST CITY COUNCIL

HEREBY PROCLAIMS
September 2023
AS
“NATIONAL PREPAREDNESS MONTH”
_________________________________

DOUG CIRBO
MAYOR

MARK TETTEMER

MAYOR PRO TEM
__________________________

SCOTT VOIGTS

COUNCIL MEMBER
_______________________
ROBERT PEQUEÑO

COUNCIL MEMBER
__________________________

BENJAMIN YU

COUNCIL MEMBER
Item: 4
16 CITY COUNCIL AGENDA REPORT
MEETING DATE: 9/5/2023
DEPARTMENT: City Clerk
SUBJECT:

PROCLAMATION DECLARING SEPTEMBER 2023 AS HUNGER ACTION
MONTH
RECOMMENDED ACTION(S):

Present a proclamation designating September 2023 as “Hunger Action Month.” EXECUTIVE SUMMARY:

The Orange County Food Bank and Second Harvest Food Bank of Orange County are requesting that the City Council support a proclamation declaring the month of September 2023 as “Hunger Action Month” in the City of Lake Forest.

Hunger Action Month is a national effort of Feeding America to raise awareness of the levels of food and nutritional insecurity in our country. Hunger can affect people from all walks of life. Millions of Americans are just one job loss, missed paycheck, or medical emergency away from hunger. Feeding America is a nonprofit organization that is a nationwide network of more than 200 food banks that feed the hungry through food pantries, soup kitchens, shelters, and other community-based agencies. A representative from Second Harvest Food Bank of Orange County will be in attendance to accept the proclamation.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

September 2023 Hunger Action Month Proclamation
Initiated By: Thy Merritt, Assistant City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 5
17 Attachment

Item: 5
18 CITY OF LAKE FOREST PROCLAMATION
Hunger Action Month – September 2023

WHEREAS, hunger and poverty are issues of vital concern in California, where 10.5% of Californians face food insecurity on a daily basis and one in every seven California children do not know where their next meal will come from; and
WHEREAS, everyone needs nutritious food to thrive, and people are working hard to provide for themselves and their families—yet over 267,000 individuals, including over 64,000 children, here in Orange County are food insecure; and WHEREAS, the City of Lake Forest of California is committed to taking steps to combat hunger in every part of our community and to provide additional resources that those in City of Lake Forest need; and WHEREAS, the City of Lake Forest of California is committed to working with Abound Food Care, Orange County Food Bank, and Second Harvest Food Bank, collectively known as the Orange County Hunger Alliance , in educating people about the role and importance of food banks and food care in addressing hunger and raising awareness of the need to devote more resources and attention to hunger issues; and WHEREAS, in the first half of 2023, Orange County Food Bank and Second Harvest Food Bank collectively recorded an average of 888,057 food distribution visits per month from our neighbors facing food insecurity; and WHEREAS, in the first half of 2023, Orange County Food Bank and Second Harvest Food Bank have collectively distributed 33,661,205 million pounds of food through its partner network of food pantries, soup kitchens, shelters, senior centers, schools, colleges, universities, and other community organizations; and WHEREAS, in the first half of 2023, Abound Food Care has recovered 307,430 pounds of food, reducing food waste and diverting that food to those who need it; and
WHEREAS, the month of September has been designated “Hunger Action Month” in order to bring attention to food insecurity in our communities and to enlist the public in the movement to end hunger by taking action – including volunteer shifts, social media shares, and donations – to ensure every community, and everybody in it, has the food they need to thrive; and
WHEREAS, food banks and other organizations across the country, including the members of the Orange County Hunger Alliance (Abound Food Care, Orange County Food Bank, and Second Harvest Food Bank) will host numerous events throughout the month of September to bring awareness and help end food insecurity in our local community; NOW, THERFORE, the City Council of the City of Lake Forest, California, do hereby proclaim September 2023 as HUNGER ACTION MONTH.

_______________________________

DOUG CIRBO
Mayor
__________________________

MARK TETTEMER
Mayor Pro Tem
__________________________
ROBERT PEQUEÑO
Council Member

__________________________

SCOTT VOIGTS
Council Member
__________________________

BENJAMIN YU
Council Member
Item: 5
19 CITY COUNCIL AGENDA REPORT
MEETING DATE: 9/5/2023
DEPARTMENT: City Clerk
SUBJECT:

RECOGNITION OF FAMILY ASSISTANCE MINISTRIES 36TH ANNUAL HUNGER WALK ON SEPTEMBER 30, 2023
RECOMMENDED ACTION(S):

Present a certificate of recognition to Family Assistance Ministries in support of the 36th Annual Hunger Walk on September 30, 2023.

EXECUTIVE SUMMARY:

Family Assistance Ministries (“FAM”) assists those in need with food, shelter, aid, personalized supportive counsel and coaches people on how to participate in the journey from dependency to self-reliance. Last year, FAM served over 2.5 million pounds of food to over 27,000 people, reunited 35 unhoused individuals with their families, and counseled and coached over 1,800 citizens. All of this was achieved with the support of 50 churches, 1,863 donors, and 2,000 volunteers.

To further spread the word and walk in solidarity to eradicate hunger and the root causes of hunger, FAM is hosting its 36th Annual Hunger Walk on September 30, 2023. Staff recommend presenting a certificate of recognition in support of this event.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

Certificate of Recognition to Family Assistance Ministries Initiated By: Thy Merritt, Assistant City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 6
20 5
2 4
4 7
Attachment
Item: 6
21 5
2 4
4 7

CERTIFICATE OF RECOGNITION

THE LAKE FOREST CITY COUNCIL

HEREBY RECOGNIZES
Family Assistance
Ministry’s
36th Annual Hunger Walk
September 5, 2023
_______________________________

DOUG CIRBO
MAYOR
__________________________

MARK TETTEMER

MAYOR PRO TEM
__________________________
ROBERT PEQUEÑO

COUNCIL MEMBER
__________________________

SCOTT VOIGTS

COUNCIL MEMBER
__________________________

BENJAMIN YU

COUNCIL MEMBER
Item: 6
22 CITY COUNCIL AGENDA REPORT
MEETING DATE: 9/5/2023
DEPARTMENT: City Clerk
SUBJECT:

PROCLAMATION DECLARING SEPTEMBER 2023 AS SERVICE CLUBS
MONTH
RECOMMENDED ACTION(S):

Present a proclamation designating September 2023 as "Service Clubs Month." EXECUTIVE SUMMARY:

Service clubs are integral to engaging local communities in charitable work and services and encourage civic engagement by promoting volunteerism. They play a vital role in providing resources and services to various community projects, such as building playgrounds or supporting educational programs. They also provide opportunities for professional and social networking and developing the skills and talents of young people through mentoring, leadership training, and scholarships.

Staff recommends presenting a proclamation declaring September 2023 as "Service Clubs Month" to a Rotary Club representative.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

Service Clubs Month Proclamation
Initiated By: Thy Merritt, Assistant City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 7
23 5
2 4
1 5
Attachment
Item: 7
24 5
2 4
1 5

CITY OF LAKE FOREST PROCLAMATION
Service Clubs Month – September 2023
WHEREAS, service clubs in Lake Forest are organizations that engage in community service, charitable work, and fundraising. These clubs have been an integral part of Lake Forest in many cases for over 100 years and have made significant contributions to the development of our communities; and WHEREAS, service clubs play a vital role in community development by providing resources and services to support local communities. They contribute to various community projects, such as building playgrounds, supporting educational programs, and providing scholarships; and WHEREAS, these clubs engage in various charitable works, such as donating to food banks, homeless shelters, and disaster relief efforts; and
WHEREAS, service clubs provide leadership development opportunities for their members and provide avenues to learn about leadership skills, team building, and communication, assisting them in their personal and professional lives; and
WHEREAS, these clubs offer networking opportunities for members where they can interact with other professionals and community leaders, build relationships, and expand their social and professional networks; and
WHEREAS, service clubs also focus on developing the skills and talents of young people. They provide mentoring, leadership training, and scholarship opportunities for students and organize programs to support underprivileged youth; and
WHEREAS, these clubs encourage civic engagement by promoting volunteering and community service; NOW, THERFORE, the City Council of the City of Lake Forest, California, do hereby proclaim September 2023 as SERVICE CLUBS MONTH in appreciation for all the significant contributions these organizations make to our communities.
_______________________________

DOUG CIRBO
Mayor
__________________________

MARK TETTEMER
Mayor Pro Tem
__________________________
ROBERT PEQUEÑO
Council Member
__________________________

SCOTT VOIGTS
Council Member
__________________________

BENJAMIN YU
Council Member
Item: 7
25 CITY COUNCIL AGENDA REPORT
MEETING DATE: 9/5/2023
DEPARTMENT: City Clerk
SUBJECT:

PROCLAMATION DECLARING SEPTEMBER 2023 AS WORLD ALZHEIMER'S

AWARENESS MONTH
RECOMMENDED ACTION(S):

Present a proclamation designating September 2023 as "World Alzheimer's Awareness Month."
EXECUTIVE SUMMARY:

Alzheimer’s disease, a progressive neurodegenerative brain disorder, robs individuals of their moments and leads to progressive mental and physical impairments. Currently, more than 164,000 residents in Orange County and over 6 million Americans are living with Alzheimer’s disease. Alzheimer’s Orange County has been Orange County’s center for Alzheimer’s resources and is dedicated to providing quality care and support services to local residents who are affected by Alzheimer’s disease or another related dementia. They also partner with local researchers to populate clinical trials to help find a cure.

Staff recommends presenting a proclamation designating September 2023 as "World Alzheimer's Awareness Month" to an Alzheimer’s Orange County representative.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

World Alzheimer's Awareness Month Proclamation
Initiated By: Thy Merritt, Assistant City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 8
26 5
2 4
1 5
Attachment
Item: 8
27 5
2 4
1 5

CITY OF LAKE FOREST PROCLAMATION
World Alzheimer’s Awareness Month – September 2023
WHEREAS, the Nation, State of California, and City of Lake Forest observe World Alzheimer’s Month during the month of September; and
WHEREAS, Alzheimer’s disease, a progressive neurodegenerative brain disorder, tragically robs individuals of their moments and leads to progressive mental and physical impairments; and
WHEREAS, more than 164,000 residents in Orange County and over 6 million Americans are currently living with Alzheimer’s disease; and WHEREAS, Alzheimer’s disease is the third leading cause of death in Orange County; and
WHEREAS, the mission of Alzheimer's Orange County is to provide hands-on care and support, information, referrals, education and resources for families in Orange County and surrounding areas who experience memory loss, Alzheimer’s and other dementias.

NOW, THERFORE, the City Council of the City of Lake Forest, California, do hereby proclaim September 2023 as WORLD ALZHEIMER’S AWARENESS MONTH. _______________________________

DOUG CIRBO
Mayor
__________________________

MARK TETTEMER
Mayor Pro Tem
__________________________
ROBERT PEQUEÑO
Council Member
__________________________

SCOTT VOIGTS
Council Member
__________________________

BENJAMIN YU
Council Member
Item: 8
28 CITY COUNCIL AGENDA REPORT
MEETING DATE: 9/5/2023
DEPARTMENT: City Clerk
SUBJECT:

MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES
RECOMMENDED ACTION(S):

Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.

EXECUTIVE SUMMARY:

California Government Code 36934 allows titles of ordinances and resolutions to be waived.

FISCAL IMPACT:

There is minimal fiscal impact associated with the recommended action.

ATTACHMENTS:

None.

Submitted By: Lisa Berglund, MPA, City Clerk
Approved By: Debra Rose, City Manager
14 Item: 9
29 MINUTES OF A REGULAR MEETING

OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST

The regular meeting of the City Council of the City of Lake Forest held Tuesday, August 15, 2023, at the Lake Forest City Council Chambers, 100 Civic Center Drive, Lake Forest, California, was called to order at 5:30 PM with Mayor Pro Tem Tettemer absent.

ROLL CALL:

Council Members:

Robert Pequeño
Scott Voigts
Benjamin Yu
Mayor Pro Tem: Mark Tettemer (absent)
Mayor: Doug Cirbo

City Manager: Debra Rose
City Attorney: Matthew E. Richardson
City Clerk: Lisa Berglund

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code section 54956.9(d)(4) Number of potential cases: 1

ACTION: Closed session was conducted.

RECESS: City Council recessed to Closed Session for the purpose of conducting regular City business.

At 6:30 p.m. Mayor Cirbo reconvened Open Session with four members present and Mayor Pro Tem Tettemer absent.

CLOSED SESSION REPORT: City Attorney Richardson had no action to report.

PUBLIC COMMENT: No public comment was offered for the Closed Session item.

INVOCATION: The Invocation was provided by David Nemrow, Executive Secretary to the Bishop of Sycamore Park Ward, Church of Jesus Christ of Latter-day Saints.

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Girl Scouts Daisy Troop #2532.

PRESENTATIONS: (Item Nos. 2 – 3)
Item: 10
30 August 15, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 2 of 6 MOTION: It was moved by Council Member Yu, seconded by Council Member Voigts, to approve Presentation Items 2 – 3. The motion was carried by a vote of 4/0, with Mayor Pro Tem Tettemer absent.

2. RECOGNITION OF 2023 FOURTH OF JULY PARADE VOLUNTEERS,

SPECIAL GROUPS, SPONSORS, AND AWARD WINNERS
City Manager Rose introduced this item and invited Senior Recreation Supervisor Wysocki to provide a presentation. No public comment was offered.

ACTION: 1. The volunteers who helped plan and produce the 2023 Lake Forest 4th of July Parade were recognized. 2. The special groups that provided police services, street closures and neighborhood cleanups, and ambulatory services were recognized. 3. The parade sponsors were recognized. 4. Awards were presented to the winning parade entries.

3. NEW EMPLOYEE INTRODUCTIONS
City Manager Rose introduced this item and invited City Clerk Berglund to provide a presentation. No public comment was offered.

ACTION: A report from the City Manager introducing the newest full-time employee for the City of Lake Forest was received and filed.

PUBLIC COMMENTS:

Victor Scherr spoke on creating a Veteran’s Program in Lake Forest.

Harrison Jiang spoke in opposition of additional housing construction by Toll Brothers at the Meadows Community in lieu of building a school.

Chao Huang spoke in opposition of additional housing construction by Toll Brothers at the Meadows Community in lieu of building a school.

Diana Lees spoke in opposition of additional housing construction by Toll Brothers at the Meadows Community in lieu of building a school.

Bob Holtzclaw spoke on his concerns of bicycle parts being dumped at Heroes Parks.

Lily Chau spoke in opposition of additional housing construction by Toll Brothers at the Meadows Community in lieu of building a school.

Bin Zhou spoke in opposition of additional housing construction by Toll Brothers at the Meadows Community in lieu of building a school.

April Josephson spoke on operations at the Orange County Animal Care Center and the services the Pet Adoption Center of Orange County provides.

Randy Johnson spoke in opposition of additional housing construction by Toll Brothers at the Meadows Community in lieu of building a school.

Item: 10
31 August 15, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 3 of 6 CONSENT CALENDAR: (Item Nos. 4 – 10)
STATEMENT READ INTO THE RECORD:

Council Member Voigts: There is a warrant on the register for the County of Orange. I am an employee of the County of Orange, but I do not work for the department that generated the warrant. Because the County of Orange is a public agency and because I do not work for the department in question, I have determined that I have a non- interest in this warrant and will vote on this item.

MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu, to approve the Consent Calendar. The motion was carried by a vote of 4/0, with Mayor Pro Tem Tettemer absent.

4. MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES ACTION: Said Ordinances and Resolutions which appear on the public agenda were determined to have been read by title and further reading was waived.

5. MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL HELD ON JULY 18, 2023
ACTION: The minutes were approved as submitted.

6. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JULY 18, 2023
ACTION: The minutes were approved as submitted.

7. CERTIFICATION OF WARRANT REGISTER
ACTION: The warrant register in the amount of $6,211,609.02 was approved.

8. QUARTERLY TREASURER'S REPORT - QUARTER ENDED JUNE 30, 2023 ACTION: The treasurer’s report was received and filed.

9. AWARD OF CONTRACT FOR ECONOMIC CONSULTING SERVICES -

PROPERTY TAX AUDITING
ACTION: 1. A contract in the amount of $143,750 was awarded to HdL Coren and Cone for Economic Consulting Services - Property Tax Auditing. 2. The Mayor was authorized to sign and the City Clerk to attest to the agreement with HdL Coren and Cone substantially in the form attached.

10. AWARD OF CONTRACT FOR ECONOMIC CONSULTING SERVICES - SALES AND USE TAX AUDITING.

Item: 10
32 August 15, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 4 of 6 ACTION: 1. A contract in the amount of $349,520 was awarded to HdL Companies for Economic Consulting Services - Sales and Use Tax Auditing. 2.

The Mayor was authorized to sign and the City Clerk to attest to the agreement with HdL Companies substantially in the form attached.

DISCUSSION/ACTION ITEMS: (Item Nos. 11 – 13)

11. CONSIDERATION OF INCREASED FUNDING FOR THE CITY'S SHOP & DINE COMMUNITY GIFT CARD PROGRAM WITH YIFTEE, INC.

City Manager Rose introduced this item and invited Assistant to the City Manager McGovern to provide a presentation. No public comment was offered.

Council member questions were asked and answered.

Council Member Pequeño motioned to approve staff’s recommendations.

Council Member Voigts requested a friendly amendment to the motion to add that participants may purchase up to three gift cards. Council Member Pequeño agreed to amend his motion.

MOTION: It was moved by Council Member Pequeño, seconded by Council Member Voigts, to: 1. Authorize the City Manager to enter into a BOGO Campaign Quickstart Agreement with Yiftee, Inc. and solely include the $50 and $100 gift card options in the Shop & Dine Community Gift Card Program, and allow for up to three gift cards per purchaser, and 2. Adopt a Resolution Entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2023-2025 OPERATING BUDGET;
AMENDING APPROPRIATIONS FOR FISCAL YEAR 2023-24. The motion was carried by a vote of 4/0, with Mayor Pro Tem Tettemer absent.

12. RESPONSE TO THE ORANGE COUNTY GRAND JURY REGARDING

ORANGE COUNTY ANIMAL CARE OPERATIONS AND GROUP HOMES
City Manager Rose introduced this item and clarified that the Council would take public comment on each response to the Orange County Grand Jury reports.

Randy Johnson offered public comment and expressed his concerns with the operations at Orange County Animal Care. April Josephson offered public comments and provided information on how Orange County Animal Care could improve services. Sharon Logan offered public comment and expressed her concerns with the operations at Orange County Animal Care. Council member questions were asked and answered.

MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu, to approve and authorize the City Manager to submit the City’s response to the Orange County Grand Jury Reports regarding Orange County Item: 10
33 August 15, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 5 of 6 Animal Care operations. The motion was carried by a vote of 4/0, with Mayor Pro Tem Tettemer absent.

City Attorney Richardson provided a presentation on the City’s response to the Orange County Grand Jury report regarding group homes. No public comment was offered. Council member questions were asked and answered.

MOTION: It was moved by Council Member Pequeño, seconded by Council Member Voigts, to approve and authorize the City Manager to submit the City’s response to the Orange County Grand Jury Reports regarding groups homes.

The motion was carried by a vote of 4/0, with Mayor Pro Tem Tettemer absent.

13. STRATEGIC PLAN QUARTERLY UPDATE
City Manager Rose introduced this item and invited Assistant to the City Manager McGovern to provide a presentation. No public comment was offered.

Council member questions were asked and answered.

ACTION: The presentation was received and filed by Council members.

CITY MANAGER'S REPORT: City Manager Rose had nothing further to report.

CITY COUNCIL COMMENTS:

Council Member Pequeño: Council Member Pequeño reported on his attendance at the National Night Out event, and informed
everyone about an opening ceremony at an El Toro
High School football game where Noah Aguilar would
be honored. He also informed everyone of a Clean
Lake Forest event on September 16. He thanked staff
for all their hard work.

Council Member Voigts: Council Member Voigts expressed his sadness over the passing of Noah Aguilar and had nothing further to
report.

Council Member Yu: Council Member Yu reported on his attendance at the Meadows groundbreaking event and the ribbon
cutting ceremony of Visionworks.

Mayor Cirbo: Mayor Cirbo reported on his attendance at the National Night Out event and the Biolase ribbon
cutting ceremony. He invited businesses to join the
Chamber of Commerce in Lake Forest.

Item: 10
34 August 15, 2023 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 6 of 6 ADJOURNMENT: The Regular Meeting of the City Council was adjourned at 8:19 p.m.

Respectfully submitted:

APPROVED:

LISA BERGLUND DOUG CIRBO

CITY CLERK MAYOR
Item: 10
35 CITY COUNCIL AGENDA REPORT
MEETING DATE: 9/5/2023
DEPARTMENT: Public Works
SUBJECT:

REJECT ALL BIDS AND AUTHORIZE RE-BIDDING FOR PITTSFORD PARK SHADE STRUCTURE CANOPY REHABILITATION PROJECT (PW 2022-09) RECOMMENDED ACTION(S):

1. Reject all bids for the Pittsford Park Shade Structure Rehabilitation Project (PW-2022-09).

2. Authorize staff to solicit new bids for this project.

EXECUTIVE SUMMARY:

The Pittsford Park Shade Structure Rehabilitation Project, part of the Park Gazebo Repair/Replacement Project in the FY 2021-23 Capital Improvement Projects (“CIP”) budget, would rehabilitate the existing shade structure at Pittsford Park. The project was advertised through Planet Bids, an electronic procurement management system the City utilized at the time the procurement was issued.

On May 31, 2023, the City received bids from six (6) firms ranging from $45,575 to $400,000. In reviewing the bid packages, only one bidder provided examples of the experience and technical expertise required to complete the highly technical repairs to the shade structure. Staff recommends the City Council reject all bids and authorize rebidding the project with a revised scope requiring proof of experience in similar projects.

BACKGROUND:

The picnic area shade shelter at Pittsford Park is an original structure from the late 1980’s/early 1990’s. Age, termite impacts, and weather damage have compromised the large wooden crossmembers that support the wood and metal canopy cover.

The proposed project would replace all the primary support beams, requiring the hydraulic lifting of the large canopy roof and lowering the rehabilitated roof back onto seismically secure pilasters. In addition, the structure would be repainted Item: 11
36 and new lighting would be installed. The engineer’s estimate for the Pittsford Park Shade Structure Rehabilitation Project was $250,000 to $300,000. The project is estimated to be completed in 60 to 90 working days and when completed, the structure should have a useful life of 20-25 years.

DISCUSSION:

On May 31, 2023, the City received bids from six (6) firms, ranging from $45,575 to $400,000. Of the six bids, three of the firms submitted very low bids while the other three submitted bids closer to the engineer’s estimate of the project. The three low bids of $45,575, $65,700, and $82,811 raised serious questions about whether these firms were responsible bidders and sufficiently qualified to perform the work safely. The experience of the three lowest bidders represented minor facility repair work and not structural work as defined in the scope of work. The three higher bids were generally in-line with the engineer’s estimate for the project. However, only one of the firms included experience on a project similar to the Pittsford Park Project.

Given the wide variance of the bids received and the unclear technical capacity of many of the bidders to complete this project safely, staff recommends the City Council reject all bids and rebid the project. If approved, staff plan to reissue a new set of bid documents that provides more emphasis on the technical work required to lift the roof of the shade structure and affix new horizontal support beams properly to ensure stability.

FISCAL IMPACT:

There is minor fiscal impact for the recommended action.

ATTACHMENTS:

Bid Summary
Initiated By: K Yoshino, Facilities Supervisor
Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 11
37 Attachment
Item: 11
38 City of Lake Forest
Bid Results for Project Pittsford Park Shade Structure Rehabilitation Project Issued on 05/03/2023
Bid Due on May 31, 2023 10:00 AM (PDT)
Exported on 08/09/2023
VendorID Vendor Name Bid Amount
663619 Real Estate Consulting & Services, Inc $45,575.00 1012710 HZS Engineering Inc $65,700.00
1234219 ZUMA CONSTRUCTION GROUP INC. $82,811.00
597117 United Riggers & Erectors, Inc. $251,496.00
817153 Harbor Coating and Restoration $254,400.00
805533 Elegant Construction Inc. $400,000.00
Item: 11
39 CITY COUNCIL AGENDA REPORT
MEETING DATE: 9/05/2023
DEPARTMENT: Public Works
SUBJECT:

AWARD OF CONTRACTS FOR CONTRACT ADMINISTRATION AND

CONSTRUCTION INSPECTION SERVICES FOR ARTERIAL RESURFACING

PROJECTS
RECOMMENDED ACTION(S):

1. Award a Professional Consultant Services Agreement with a compensation amount of $252,853.55 to Interwest Consulting Group for Contract Administration and Construction Inspection Services.

2. Award a Professional Consultant Services Agreement with a compensation amount of $194,620 to Z&K Consultants Inc. for Contract Administration and Construction Inspection Services.

3. Authorize the Mayor to sign, and the City Clerk to attest, the award of contracts to Interwest Consulting Group and Z&K Consultants Inc.

EXECUTIVE SUMMARY:

The City utilizes consultants to provide Contract Administration and Construction Inspection Services for 2021-2028 Capital Improvement Plan (“CIP”) projects. On May 3, 2023, the City issued a Request for Proposal (“RFP”) to secure multiple firms for six (6) arterial resurfacing projects. Multiple firms would be beneficial to ensure firms will be able to provide qualified consultants when needed and staff each project properly without stretching its resources. It also provides an opportunity to engage a larger number of well-qualified consultants with local presence and diversify the team of professionals that provide services to the City.

The City received five (5) proposals in response to the RFP solicitation. Those five (5) firms were evaluated utilizing the City’s Purchasing and Contracting Guidelines (“Purchasing Guidelines”). Each firm was individually evaluated and scored as part of the City’s proposal evaluation process.

The two highest rated firms were Z&K Consultants Inc. ("Z&K”) and Interwest Consulting Group ("Interwest”). Based on the satisfactory review of Z&K’s and Interwest’s proposals, staff recommends the City Council approve the proposed Professional Consultant Services Agreements (“Agreements”) with each firm for Contract Administration and Construction Inspection Services for the specific Item: 12
40 projects listed below (Attachments 1 and 2). Z&K and Interwest both received favorable reviews when staff performed reference checks (Attachment 2). The Agreements include the following compensation amounts and a three-year term with two optional one-year extensions:

1. Interwest - $252,853.55 for Trabuco Road Resurfacing (Bake to Peachwood); Trabuco Median Improvements (at Ascension Cemetery); Trabuco Trail Asphalt Repairs (Bake to Peachwood); Lake Forest Drive Resurfacing (Bake to Portola Parkway); and Lake Forest Drive Resurfacing (Serrano Road to Fernleaf Drive) projects.

2. Z&K - $194,620 for Bake Parkway Resurfacing (South Pointe Dr to Rancho Parkway S Phase 1 and 2) project.

All projects are included as part of the individual project budgets within the City’s 2021-2028 CIP, which includes the funding sources for each project.

BACKGROUND:

The City utilizes consultants to provide Contract Administration and Construction Inspection Services for the implementation of CIP projects. In a memo dated April 22, 2023, the City Manager approved the RFP for Contract Administration and Construction Inspection Services and authorized staff to solicit proposals.

On May 3, 2023, the City issued the RFP on the City’s electronic bid management system, PlanetBids, to secure consultants for the following six (6) arterial resurfacing projects:

1. Trabuco Road Resurfacing (Bake Parkway to Peachwood);

2. Trabuco Median Improvements (at Ascension Cemetery);

3. Trabuco Trail Asphalt Repairs (Bake Parkway to Peachwood);

4. Lake Forest Drive Resurfacing (Bake Parkway to Portola Parkway);

5. Lake Forest Drive Resurfacing (Serrano Road to Fernleaf Drive); and

6. Bake Parkway Resurfacing (South Pointe Drive to Rancho Parkway South Phase 1 and 2).

DISCUSSION:

On May 31, 2023, the City received proposals in response to the RFP from the following five (5) firms:
•Interwest
•KOA
Item: 12
41 •SYRUSA
•Transtech
•Z&K
The proposals were subsequently reviewed by a selection panel consisting of staff from the Public Works and City Clerk Departments:
•City Clerk
•Assistant City Engineer/Engineering Services Manager
•Principal Civil Engineer
During review of the technical proposals, the selection panel scored proposals based on criteria described in the RFP. Pursuant to the City's Purchasing Guidelines, the City invited all five firms to the interview phase of the selection process to discuss their respective approaches to the requested services. The two highest rated firms were Z&K and Interwest. Each firm recommended for the projects listed below were selected based on their well-prepared presentations, excellent examples of similar engagements, thorough responses to the interview questions, and proposed costs. The two most qualified and cost-effective firms after the technical review, interview phase, and cost proposals were assigned to the projects.

Item: 12
42 Technical
Review

Qualifications
Interview

Rater: Rater:

Pricing

Firm 1 2 3
Technical
Review
Subtotal 1 2 3 Interview
Subtotal
Points x 3 Total
Interwest 69 92 83 244 115 144 134 393 90 483
KOA 73 89 79 241 105 128 118 351 69 420
SYRUSA 69 60 64 193 118 101 105 324 66 390
Transtech 73 89 98 260 128 135 135 398 54 452
Z&K 76 89 66 231 144 132 123 399 120 519
Interwest was the chosen consultant for the first two construction contracts, which will include the following five projects:

1. Trabuco Road Resurfacing (Bake to Peachwood)

2. Trabuco Median Improvements (at Ascension Cemetery)

3. Trabuco Trail Asphalt Repairs (Bake to Peachwood)

4. Lake Forest Drive Resurfacing (Bake to Portola Parkway)

5. Lake Forest Drive Resurfacing (Serrano Road to Fernleaf Drive) It is the City’s intent to bid Trabuco Road Resurfacing (Bake Parkway to Peachwood); Trabuco Median Improvements (at Ascension Cemetery); Trabuco Trail Asphalt Repairs (Bake Parkway to Peachwood); and Lake Forest Drive Resurfacing (Bake Parkway to Portola Parkway) projects as a single package to be awarded to a single contractor. Lake Forest Drive Resurfacing Project (Serrano Road to Fernleaf Drive) is anticipated to be awarded separately after construction of the first set of projects. Hence, Interwest is being awarded to provide support for the first two construction contracts scheduled to go to bid.

Z&K was the chosen consultant for the two construction contracts for both phases of the sixth project: Bake Parkway Resurfacing (South Pointe Drive to Rancho Parkway South Phase 1 and 2).

Due to the large project scope, it is the City’s intent to bid and complete the Bake Parkway Resurfacing (South Pointe Drive to Rancho Parkway South) in two phases via two construction contracts.

Z&K currently holds multiple contracts with the City for CA/CI services of a similar nature for other CIP projects. Based on the tentative schedule of CIP projects, it Item: 12
43 is anticipated that at least three of the upcoming CIP projects (i.e. two residential slurry seal projects and one arterial streets slurry seal project) which Z&K will be providing CA/CI services for will potentially have overlap with the first two construction contracts for projects 1 through 5 in this report. Hence, staff recommends awarding the services for projects 1 through 5 to Interwest and awarding the services for the last two construction contracts to Z&K. This approach provides for better resource management and accommodates project schedules.

Compensation for Contract Administration and Construction Inspection Services are based on a time and materials basis for four (4) specific tasks for each project defined in the solicitation. At the conclusion of the interview process, the interviewed firms had the opportunity to submit a last, best, and final cost proposal. Those cost proposals or the original, if a revised proposal was not submitted, were utilized for the selection of the most qualified, cost-effective firms. Staff checked references for both firms, and both received positive reviews based on projects completed for other agencies (Attachment 3) CIP Funding Overview:

Projects identified in the current fiscal year (2023-24) have funds allocated to begin the projects. Projects budgeted in Fiscal Year 2024-25 will have funds allocated when the City Council approves next years’ operating budget. Any future funding would be allocated by the City Council, as necessary.

The proposed Agreements with Interwest and Z&K provide for a three-year term with two one-year term extensions. The Agreements include the following compensation amounts:

1. Interwest - $252,853.55

2. Z&K - $194,620
If approved, the term of the Agreements would begin on September 6, 2023, and end on September 5, 2026, unless extended. Interwest and Z&K’s scopes of work are provided within Exhibit A of the proposed Agreements for each project selected (Attachments 1 and 2). The Agreements describe the process for securing extra work from the consultant and the City’s Purchasing Guidelines allow the City Manager to authorize up to 10% of additional work beyond the compensation amount. Consistent with the City’s Purchasing Guidelines, the Finance Department prepared the Agreements and the City Attorney’s Office reviewed and approved them as to form.

Item: 12
44 FISCAL IMPACT:

Funds to pay for Contract Administration and Construction Inspection Services are included as part of the individual project budgets included in the City’s 2021- 2028 Capital Improvement Plan. The proposed Agreements with Interwest and Z&K include the following compensation amounts and a three-year term, with two optional one-year extensions: Interwest - $252,853.55 and Z&K - $194,620.

ATTACHMENTS:

1. Professional Consultant Services Agreement with Interwest

2. Professional Consultant Services Agreement with Z&K

3. Reference Checks – Interwest and Z&K
Initiated By: Nazila Mokarram, Principal Civil Engineer Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 12
45 Attachment 1
Item: 12
46 (BB&K 2019)
55136.00200\31918793.1 -1-

CITY OF LAKE FOREST

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California, 92630 ("City") and Interwest Consulting Group Inc., a Colorado corporation, with its principal place of business at 1 Jenner Suite 160, Irvine, CA 92618 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional contract administration, and construction inspection consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional contract administration, and construction inspection consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional contract administration, and construction inspection consulting services for the Trabuco Road Resurfacing (Bake to Peachwood); Trabuco Median Improvements (at Ascension Cemetery); Trabuco Trail Aspha lt Repairs (Bake to Peachwood); Lake Forest Drive Resurfacing (Bake to Portola Parkway); and Lake Forest Drive Resurfacing (Serrrano Road to Fernleaf Drive) as part of the Arterial Streets Resurfacing project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional contract administration, and construction inspection consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subj ect to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from September 6, 2023 to September 5 , 2026 , unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than DocuSign Envelope ID: 903FF205-59D3-44E2-9629-A6160A5ABC0E Item: 12
47 (BB&K 2019)
55136.00200\31918793.1 -2-

two (2) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at a ll times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, excep t as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and tec hnical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant s hall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements . All work prepared by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Steve Kooyman, PE, Project Manager.

DocuSign Envelope ID: 903FF205-59D3-44E2-9629-A6160A5ABC0E Item: 12
48 (BB&K 2019)
55136.00200\31918793.1 -3-

3.2.5 City's Representative . The City hereby designates Thomas Wheeler, Director of Public Works/ City Engineer , or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.6 Consultant's Representative . Consultant hereby designates Shelby Sieracki, Senior Account Manager , or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention , and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Ag reement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. 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 Project or the Services, including all Cal/OSHA requirements, and shall give all notices requi red by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, DocuSign Envelope ID: 903FF205-59D3-44E2-9629-A6160A5ABC0E Item: 12
49 (BB&K 2019)
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employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. Nothing in this Section shall be understood to modify the applicable standard of care, specified in Section 3.2.8.

3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection a nd lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipme nt and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.11 Insurance. Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “D” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.

3.2.12 Water Quality Management and Compliance.

3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.

3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontr actors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

3.2.12.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations listed in Section 3.2.12.2 of this Agreement, Consultant must comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the City of Lake Forest Local Implementation Plan (“LIP”) and the applicable Water Quality Management Plan (“WQMP”). The DAMP contains requirements related to design and construction of public projects. Consultant must be familiar the DAMP, and the LIP and comply with the requirements as specified therein.

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A copy of the DAMP is available on the internet at:
https://media.ocgov.com/gov/pw/watersheds/documents/damp/default.asp A copy of the LIP is available on the internet at:
http://www.lakeforestca.gov/depts/pw/water/local_implementation_plan_%28lip%29.asp More information on the applicable WQMP is available on the internet at:
http://www.lakeforestca.gov/depts/pw/water/water_quality_management_plan_(wqmp).asp

3.2.12.4 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to th em without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

3.2.12.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.12.2 and 3.2.12.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for t he costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exce ed TWO HUNDRED FIFTY -TWO THOUSAND EIGHT HUNDRED FIFTY -THREE DOLLARS AND FIFTY-FIVE CENTS ($252,853.55) without written approval of the City Council DocuSign Envelope ID: 903FF205-59D3-44E2-9629-A6160A5ABC0E Item: 12
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or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation . Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.3.4 Extra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”

3.4 Labor Code Requirements.

3.4.1 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 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 Services available to interested parties upon request, and shall po st 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 Con sultant 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.

of the project and require the same of any subconsult ants. 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.

3.5 Accounting Records.

3.5.1 Maintenance and Inspection . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.6.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.1.4 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following addres s, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: Interwest Consulting Group Inc.
1 Jenner Suite 160
Irvine, CA 92618
ATTN: Shelby Sieracki, Senior Account Manager
City: City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
ATTN: City Clerk
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Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.2 Ownership of Materials and Confidentiality.

3.6.2.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consulta nt has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.2.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel and selected from Consultant's insurance carrier's panel counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information.

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3.6.3 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.6.5 Indemnification.

To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing and selected from Consultant's insurance carrier's panel counsel ), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, los s, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of , pertaining to, or incident to any alleged acts, errors or omissions , or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.

If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional ” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon agreement of parties or Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.9 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.

3.6.10 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.

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3.6.11 Assignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City, which shall not be unreasonably delayed or withheld. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the variou s articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or servi ce voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.6.15 No Third -Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.17 Prohibited Interests. Consulta nt maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in DocuSign Envelope ID: 903FF205-59D3-44E2-9629-A6160A5ABC0E Item: 12
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effect or hereinafter enacted.

3.6.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

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

3.7 Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

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CITY OF LAKE FOREST INTERWEST CONSULTING GROUP INC.

By:

[AUTHORIZED CITY SIGNATURE]

By:

[VENDOR SIGNATURE 1]
Doug Cirbo
Mayor
Paul Meschino
President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
ATTEST:

By:

[VENDOR SIGNATURE 2]
David Kniff
Assistant Secretary
By:

[CITY CLERK SIGNATURE]

Lisa Berglund
City Clerk

APPROVED AS TO FORM:

By:

[CITY ATTORNEY SIGNATURE]

Best Best & Krieger LLP
City Attorney

[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]

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Exhibit “A”-1

EXHIBIT "A"

SCOPE OF SERVICES
General Project Descriptions

Designs for all these projects are currently underway and PS&E packages will be ready for advertising. The main improvement for each package being the arterial street resurfacing. The partial bid line items for each resurfacing project includes the following: Mobilization, demobilization & cleanup, surveying & monument preservation, traffic control & public noticing, traffic signing and striping, AC grind and overlay, AC removal and replacement, AC local dig outs, base cement treatment, removal and replacement of ADA ramps, sidewalks, curb and gutter, driveways, bus pads, as well as replacement and adjustment of utilities, updates to traffic signals and/or traffic loops, landscaping and irrigation modifications, and other related improvements to complete the resurfacing project as necessary.

1. Provide construction administration and construction inspection services for Trabuco Road Resurfacing (Bake Parkway to Peachwood): This project would resurface Trabuco Road from Peachwood to Bake Parkway to improve the PCI of the street to extend the street service life, improve safety, minimize costs, maintenance needs, and enhance aesthetics.

Supplemental design components include curb, gutter and sidewalk repairs, construction of ADA ramps and driveways, signing and striping replacement.

2. Provide construction administration and construction inspection services for Trabuco Median Improvement (At Ascension Cemetery): This project includes changes to the median on Trabuco at Ascension Cemetery to accommodate a left turn holding lane on westbound of Trabuco Road. The work also includes relocation of an SCE light pole.

3. Provide construction administration and construction inspection services for Trabuco Trail Asphalt Repairs (Bake Parkway to Peachwood): This project includes slurry seal and grind and overlay of Trabuco Trail between Bake Parkway and Peachwood.

4. Provide construction administration and construction inspection services for Lake Forest Drive Resurfacing (Portola Parkway to Bake Parkway): This project would resurface Lake Forest Drive from Bake Parkway to Portola Parkway to improve the PCI of the street to extend the street service life, improve safety, minimize costs, maintenance needs, and enhance aesthetics. Supplemental design components include curb, gutter and sidewalk repairs, construction of ADA ramps and driveways, signing and striping replacement.

5. Provide construction administration and construction inspection services for Lake Forest Drive Resurfacing (Serrano Road to Fernleaf Drive): This project would resurface Lake Forest Drive from Fernleaf Drive to Serrano Road to improve the PCI of the street to extend the street service life, improve safety, minimize costs, maintenance needs, and enhance aesthetics. Supplemental design components include: curb, gutter and sidewalk repairs, construction of ADA ramps and driveways, signing and striping replacement.

Lake Forest Drive Resurfacing Project (Serrano Rd to Fernleaf Drive) is anticipated to be awarded separately after construction of first set of projects. The construction contract for this project is estimated to be approximately 70 Working Days.

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Exhibit “A”-2

City anticipates each construction contract to be awarded in separate fiscal years.

Table below shows approximate linear ft of Arterial Streets being resurfaced as part of each project:

Project Approx. Length of Arterial Street
Resurfacing
Trabuco Road Resurfacing (Bake to Peachwood) 4,600 LF
Lake Forest Drive Resurfacing (Portola Parkway to Bake) 1,900 LF Lake Forest Drive Resurfacing (Serrrano Road to Fernleaf Drive)
4,100 LF

Contract Administration

1. Assist the City in securing bids, preparing necessary addenda, answering bidders’ questions, providing analysis of bid results, and furnishing a recommendation on the award of construction contract.

2. Prepare special concerns to be presented at preconstruction conference. Determine requirements, and identify any necessary permits from City, various utility companies, state and federal agencies as required to construct and operate the improvements for all projects up-front prior to preconstruction conference. Prior to commencement of construction, assist the City in preparing a notice to utilities identifying the impact of the project on their utilities and for any relocation required.

3. Hold preconstruction conference, present special project requirements, and prepare minutes. This will include the preparation of an agenda and reviewing/commenting on the Contractor’s schedule, including an Initial 4-week look-ahead schedule.

4. Provide contract administration for proper enforcement of the contract plans and specifications. This will include, but is not limited to, assisting the City in reviewing bonds and insurance to verify compliance with specifications, verifying that the contractor has obtained all the required permits for the construction of the project, reviewing submitted certified payroll records (CPRs) for compliance with the applicable wage rates.

5. Provide engineering support, as needed, to make as-built revisions to the original plans.

6. Provide the necessary consulting services required to coordinate the efforts between the City and Contractor. Maintain a correspondence, information, and document tracking system to ensure that correspondence requiring responses, requests, and submittals are answered in a timely manner and that project files are maintained in an orderly manner.

7. Administer, review and track Requests for Information (RFI’s), Requests for Clarifications (RFC’s), and shop drawings.

8. Review and recommend approval of progress payment requests to City. Prior to the Notice to Proceed, the contractor will submit for approval by the City a schedule of values for all lump sum items. The consultant’s construction management staff and contractor shall meet DocuSign Envelope ID: 903FF205-59D3-44E2-9629-A6160A5ABC0E Item: 12
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Exhibit “A”-3

after the agreed upon cut-off date to review and verify quantities of work completed this period. Once agreed upon, the contractor shall submit an invoice for work completed. The consultant shall then initiate the progress pay procedures.

9. For Federally Funded projects, the work will be in accordance with Caltrans' Construction Oversight Information Notices (COIN) including No. 1: Keeping Adequate Construction Records; COIN No. 2: FHWA Risk Management Plan for Recovery Act Projects; COIN No. 3 Quality Assurance Program (QAP); COIN No. 4 Do Not Use Local Hiring Preferences; COIN No.10 Frequently Observed Deficiencies in Contract Administration; COIN No 11:

Administration of Contract Time, and any other applicable construction related COIN publications.

10. Attend meetings with the Contractor and Inspector at the site, as needed, to maintain continuity for control on overall progress of the work.

11. Provide necessary coordination with other agencies, including submitting permit applications and other potential grant application documents and documentation as well.

12. Consult with City regarding disposition of Contract Change Orders (CCO’s) and Stop Notices. All contract change orders must be issued by the City’s Project Manager or authorized representative. The consultant has no authority to issue Change Orders. Owner-initiated changes will be initiated by the City. The consultant shall negotiate and document cost increases or credits with the contractor and assess schedule impact. All Stop Notices must be immediately reported to the City’s Project Manager.

13. Perform a Constructability Review on the plans and specifications during the final design preparation. Verify bid item quantity take-off amounts, ensure bid schedules and pay applications fully account for all items to be constructed or provided by the contractor, and ensure engineering design standards provided by the City’s engineering design consultant meet current construction standards and methods.

14. Review the Contractor’s initial and updated construction schedules for compliance with the contract documents and verify that the schedules accurately represent the scope of work. Monitor the overall project schedule and provide the City with monthly schedule progress reports. Prepare weekly statement of working days documenting the construction progress, time of completion, delays, and time extensions.

15. Assist the City in maintaining a good relationship with the public. Answer citizen inquiries and complaints for the City relating to the project.

16. Coordinate the schedules and response of other City consultants or contractors (designers, surveyors, and materials testing laboratories) to ensure that the project proceeds on schedule.

17. Coordinate construction with adjacent businesses or residences to ensure that they are afforded access to their property at all times, and to enforce the working hour and noise restrictions provided in the specifications.

18. Enforce the provisions of the specifications that require contractor to post or distribute public notices. Enforce the requirement for re-noticing when construction schedules change.

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Exhibit “A”-4

19. Coordinate with public utilities and other public agencies to resolve construction questions, scheduling conflicts, or safety issues.

20. Coordinate with the contractor to ensure that Storm Water Pollution Prevention Plans, Water Quality control measures, and air pollution measures are effectively and consistently implemented.

21. At the completion of the project, coordinate inspection of the work to determine if any work is incomplete. Prepare a punch list of the incomplete work and provide to the Contractor and City. Coordinate subsequent inspections to confirm that incomplete work has been completed satisfactorily.

22. At the completion of the project, turn over all documents including final redline as-builts. A final project report will be prepared summarizing the project and performance of the contractor.

Construction Inspection

1. Provide daily field observation during construction monitoring the general progress of the work to determine if the work is proceeding in accordance with the contract documents.

2. Inspect the location, line, grade of the facilities that are constructed.

3. Maintain accurate records of the quantities of materials that are constructed.

4. Maintain accurate records of the project schedule, days worked by contractor, and working days lost to weather or similar delays.

5. Maintain accurate records of the equipment on the job; and the idle or working time of the equipment.

6. Maintain accurate records or accidents or claims that are related to the construction.

7. For Federally Funded projects, the work will be in accordance with Caltrans' Construction Oversight Information Notices (COIN) including No. 1: Keeping Adequate Construction Records; COIN No. 2: FHWA Risk Management Plan for Recovery Act Projects; COIN No. 3 Quality Assurance Program (QAP); COIN No. 4 Do Not Use Local Hiring Preferences; COIN No.10 Frequently Observed Deficiencies in Contract Administration; COIN No 11:

Administration of Contract Time, and any other applicable construction related COIN publications.

8. Coordinate contractor requests for interpretation of the plans and / or specifications in a manner that will document the resolution of questions and keep the project on schedule.

9. As required by the project specifications or funding conduct labor compliance interviews.

10. Review and monitor all traffic control and public safety plans for compliance with all safety laws and regulations. Review all detour, lane closures, temporary access, signing, delineation, and traffic control plans. Inspector will enforce traffic control safety requirements in and around construction zones.

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Exhibit “A”-5

11. Review pedestrian and handicap facilities potentially impacted by the project to ensure that pedestrian traffic and handicap traffic is safely and reasonably afforded access through the project.

12. Through independent inspections ensure that the contractor maintains traffic control, pedestrian access, and storm runoff at all times (during weekends, holidays, and storms).

13. Ensure that the contractor protects its worksite from pedestrians and motorists at all times and nighttime traffic controls are secured at the end of each workday. Whenever trench plates are used on the roadway, the inspector shall ensure that the trench plates are properly ramped and secured to the pavement at the end of each workday.

14. Enforce water quality best management practices, storm water pollution prevention plans, and water quality management plans at all times.

15. Meet with Contractor at the beginning of each workday and review proposed work plans, including specific details that may affect progress.

16. Review actual Contractor performance throughout working days and discuss discrepancies with the Contractor as they occur.

17. Maintain copies of all permits needed to construct the project and enforce all special requirements of each permit.

18. Assist City in maintaining good relations with residents and businesses in the surrounding neighborhood. Respond to citizen complaints and inquiries regarding the project and ensure residents impacted by construction are informed of the project’s progress and potential impacts.

19. Review construction schedules and enforce requirements for updating schedules and maintaining appropriate progress of the work.

20. Evaluate work in progress and give a weekly status report to the City for the City’s use in determining any effect of scheduling delays and any needed enforcement or corrective action.

21. Maintain field file bound workbooks during construction, including quantities constructed, daily and weekly reports, working-day reports, change order documentation, and other documentation and photographs.

22. Review, evaluate, and discuss with the City all requests for changes of work, including costs involved, and prepare change orders.

23. Maintain detailed records of workers and hours, and equipment and materials utilized under force account change orders.

24. Review and recommend approval of progress payments.

25. Recommend and schedule, with the City and applicable agencies, the final inspection.

City in following up on defective work performed by contractor covered by warranties. The contractor will provide a follow up report to City following final inspection stating that the installation of improvements was completed in accordance with the plans and specifications and provide necessary data for City acceptance of the project.

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Exhibit “B”-1

EXHIBIT "B"

SCHEDULE OF SERVICES
Work on these projects will be subject to the completion of the project specific designs. The approximate project schedule with expected durations shall be broken down into the following categories:

Task 1A.0 CA/CI for Trabuco Resurfacing Improvements from Bake to Peachwood: Pre- construction Meeting (fixed fee)
Task 1A.1 CA/CI for Trabuco Resurfacing Improvements from Bake to Peachwood:

Anticipated construction duration 70 Working Days (Not-to-exceed fee) Task 1A.2 CA/CI for Trabuco Resurfacing Improvements from Bake to Peachwood:

Close out and documents transfer (fixed fee)
Task 1A.3 CA/CI for Trabuco Resurfacing Improvements from Bake to Peachwood: One year warranty inspection (fixed fee)

Task 1B.0 CA/CI for Trabuco Median Improvements (At Ascension Cemetery): Pre- construction Meeting (fixed fee)
Task 1B.1 CA/CI for Trabuco Median Improvements (At Ascension Cemetery):

Anticipated construction duration 70 Working Days (Not-to-exceed fee) Task 1B.2 CA/CI for Trabuco Median Improvements (At Ascension Cemetery): Close out and documents transfer (fixed fee)
Task 1B.3 CA/CI for Trabuco Median Improvements (At Ascension Cemetery): One year warranty inspection (fixed fee)

Task 1C.0 CA/CI for Trabuco Trail Improvements from Bake to Peachwood: Pre- construction Meeting (fixed fee)
Task 1C.1 CA/CI for Trail Resurfacing Improvements from Bake to Peachwood:

Anticipated construction duration 70 Working Days (Not-to-exceed fee) Task 1C.2 CA/CI for Trabuco Trail Improvements from Bake to Peachwood: Close out and documents transfer (fixed fee)
Task 1C.3 CA/CI for Trabuco Trail Improvements from Bake to Peachwood: One year warranty inspection (fixed fee)

Task 1D.0 CA/CI for Lake Forest Drive Resurfacing from Portola to Bake: Pre- construction Meeting (fixed fee)
Task 1D.1 CA/CI for Lake Forest Drive Resurfacing from Portola to Bake: Anticipated construction duration 70 Working Days (Not-to-exceed fee) Task 1D.2 CA/CI for Lake Forest Drive Resurfacing from Portola to Bake: Close out and documents transfer (fixed fee)
Task 1D.3 CA/CI for Lake Forest Drive Resurfacing from Portola to Bake: One year warranty inspection (fixed fee)

Anticipate construction to start in Summer/Fall 2023.

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Exhibit “B”-2

Task 2.0 CA/CI for Lake Forest Drive Resurfacing from Serrano Road to Fernleaf: Pre- construction Meeting (fixed fee)
Task 2.1 CA/CI for Lake Forest Drive Resurfacing from Serrano Road to Fernleaf:

Anticipated construction duration 70 Working Days (Not-to-exceed fee) Task 2.2 CA/CI for Lake Forest Drive Resurfacing from Serrano Road to Fernleaf: Close out and documents transfer (fixed fee)
Task 2.3 CA/CI for Lake Forest Drive Resurfacing from Serrano Road to Fernleaf: One year warranty inspection (fixed fee)

Anticipate construction to start in FY 24/25.

After Notice to Proceed, the Firm shall develop a detailed schedule for review and approval by the City. The proposal must include the above activities, deliverables, and key milestones with durations. Each project shall be administered as a stand-alone project. Each project shall be billed individually, as funding sources are different for the various projects.

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Exhibit “C”-1

EXHIBIT "C"

COMPENSATION
Consultant shall be paid for services for services rendered in accordance with the Agreement as described in Exhibit “A” Scope of Services and a not-to exceed amount of two hundred fifty-two thousand eight hundred fifty-three dollars and fifty-five cents ($252,853.55) according to the following schedule.

In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.

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Exhibit “D”-1

EXHIBIT “D”

INSURANCE REQUIREMENTS

3.2.11 Insurance.

3.2.11.1 Time for Compliance . Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.11.2 Types of Insurance Required . As a condition precedent to the effectiveness of this Agreeme nt for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of th e Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consu ltant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

3.2.11.3 Insurance Endorsements . 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) Commercial General Liability:

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(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.

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 terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(C) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30 ) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.11.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) 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.

3.2.11.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.2.11.6 Primary and Non -Contributing Insurance . All policies of Commercial General Liability 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.

3.2.11.7 Waiver of Subrogation . All policies of C ommercial 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 insuran ce evidence in compliance with these specifications to DocuSign Envelope ID: 903FF205-59D3-44E2-9629-A6160A5ABC0E Item: 12
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Exhibit “D”-3

waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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

3.2.11.9 Evidence of Insurance . The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. 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 approval. The certificates and endorsements for each insurance policy shall be signed by a person a uthorized 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 evidenc e of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.11.10 Failure to Maintain Coverage . In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.

3.2.11.11 Acceptability of Insurers . Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.11.12 Enforcement of Agreement Provisions (non estoppel) .

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.2.11.13 Requirements Not Limiting . Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.2.11.14 Insurance for Subconsultants . Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant sha ll be responsible for causing DocuSign Envelope ID: 903FF205-59D3-44E2-9629-A6160A5ABC0E Item: 12
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Exhibit “D”-4

subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

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CITY OF LAKE FOREST

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California, 92630 ("City") and Z & K Consultants, Inc., a California corporation, with its principal place of business at 17130 Van Buren Blvd, Suite 122, Riverside, CA 92504 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional contract administration and construction inspection consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional contract administration and construction inspection consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional contract administration and construction inspection consulting services for the Bake Parkway Resurfacing (S Pointe Dr to Rancho Parkway S Phase 1 and 2) as part of the Arterial Streets Resurfacing Project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary w ork necessary to fully and adequately supply the professional contract administration and construction inspection consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from September 6, 2023 to September 5 , 2026 , unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

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3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and det ails of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other a mounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: so cial security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements . All work prepared by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Ser vices under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substi tution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Zack Faqih, PE CBO MSCE QSD/QSP.

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3.2.5 City's Representative . The City hereby designates Thomas Wheeler, Director of Public Works/ City Engineer, or his designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.6 Consultant's Representative. Consultant hereby designates Crystal Fraire, PE, QSD/QSP, or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Con sultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals i n the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be un cooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rule s and regulations in any manner affecting the performance of the Project or the 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 Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, di rectors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions DocuSign Envelope ID: 16A87BDB-6CFE-4005-89D3-A2A78AF9E686 Item: 12
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of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined spac e procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safe ty measures.

3.2.11 Insurance. Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “D” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same poli cies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.

3.2.12 Water Quality Management and Compliance.

3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at va rious times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.

3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. C onsultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, witho ut limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

A copy of the DAMP is available on the internet at:

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https://media.ocgov.com/gov/pw/watersheds/documents/damp/default.asp A copy of the LIP is available on the internet at:
http://www.lakeforestca.gov/depts/pw/water/local_implementation_plan_%28lip%29.asp More information on the applicable WQMP is available on the internet at:
http://www.lakeforestca.gov/depts/pw/water/water_quality_management_plan_(wqmp).asp

3.2.12.4 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to per form the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

3.2.12.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.12.2 and 3.2.12.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE HUNDRED NINETY-FOUR THOUSAND SIX HUNDRED TWENTY DOLLARS ($194,620.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall giv e written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requ irements 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 othe r requirements on "public works" and "maintenance" projects. If the 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 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 o f 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 Con sultant 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.

3.4.2 Registration. If the 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 subconsul tants 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 DocuSign Envelope ID: 16A87BDB-6CFE-4005-89D3-A2A78AF9E686 Item: 12
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submission of payroll records directly to the DIR.

3.5 Accounting Records.

3.5.1 Maintenance and Inspection . Consultant shall maintain c omplete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.4 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: Z & K Consultants, Inc.
17130 Van Buren Blvd, Suite 122
Riverside, CA 92504
ATTN: Crystal Fraire, PE, QSD/QSP
City: City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
ATTN: City Clerk
Such notice shall be deemed made when personally delive red or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its DocuSign Envelope ID: 16A87BDB-6CFE-4005-89D3-A2A78AF9E686 Item: 12
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applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.2 Ownership of Materials and Confidentiality.

3.6.2.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights , designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and wa rranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Docu ments & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade pa per, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.2.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the C ity's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Con sultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Propri etary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.6.3 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, DocuSign Envelope ID: 16A87BDB-6CFE-4005-89D3-A2A78AF9E686 Item: 12
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appropriate or convenient to attain the purposes of this Agreement.

3.6.5 Indemnification.

To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including wit hout limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, it s officials, officers, employees, agents or volunteers.

If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional ” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misco nduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.9 City's Right to Employ Other Consultan ts. City reserves right to employ other consultants in connection with this Project.

3.6.10 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.

3.6.11 Assignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, DocuSign Envelope ID: 16A87BDB-6CFE-4005-89D3-A2A78AF9E686 Item: 12
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hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.6.15 No Third -Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultan t, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.6.19 Labor Certification. By its signature hereunder, Consultant certifies that it DocuSign Envelope ID: 16A87BDB-6CFE-4005-89D3-A2A78AF9E686 Item: 12
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is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

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

3.7 Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly state d herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

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CITY OF LAKE FOREST Z & K CONSULTANTS, INC.

By:

[AUTHORIZED CITY SIGNATURE]

By:

[VENDOR SIGNATURE 1]
Doug Cirbo
Mayor
Crystal Fraire
President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
ATTEST:

By:

[VENDOR SIGNATURE 2]
Jasmine Pate
Secretary
By:

[CITY CLERK SIGNATURE]

Lisa Berglund
City Clerk

APPROVED AS TO FORM:

By:

[CITY ATTORNEY SIGNATURE]

Best Best & Krieger LLP
City Attorney

[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]

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Exhibit “A”-1

EXHIBIT "A"

SCOPE OF SERVICES
General Project Descriptions

1. Provide construction administration and construction inspection services for Bake Parkway Resurfacing (South Pointe Drive to Rancho Parkway South- Phase 1 and Phase 2):

This project would resurface Bake Parkway from South Pointe Drive to Rancho Parkway South to improve the PCI of the street to extend the street service life, improve safety, minimize costs, maintenance needs, and enhance aesthetics. Supplemental design components include: curb, gutter and sidewalk repairs, construction of ADA ramps and driveways, signing and striping replacement. These improvements are expected to be completed in two phases with two separate construction contracts. Tentative limits for Phase 1 of the project are from South Pointe Drive to Commercentre and Phase 2 from Commercentre to Rancho Parkway South. The limits of the phases may be adjusted depending on the budget availability and the construction cost estimate for the improvements.

It is the City’s intent to bid Trabuco Road Resurfacing (Bake to Peachwood); Trabuco Median Improvements (at Ascension Cemetery); Trabuco Trail Asphalt Repairs (Bake to Peachwood); and Lake Forest Drive Resurfacing (Bake to Portola Parkway) projects as a single package to be awarded to a single contractor. Lake Forest Drive Resurfacing Project (Serrano Rd to Fernleaf Drive) is anticipated to be awarded separately after construction of first set of projects, followed by the Bake Parkway Resurfacing (S Pointe Dr to Rancho Parkway S) project to be bid and completed in two phases. The construction contract for each of these three projects is estimated to be approximately 70 Working Days.

City anticipates each construction contract to be awarded in separate fiscal years.

Table below shows approximate linear ft of Arterial Streets being resurfaced as part of each project:

Project Approx. Length of Arterial Street
Resurfacing
Bake Parkway Resurfacing Phase 1 (S Pointe Dr to Rancho Parkway S)
4,700 LF
Bake Parkway Resurfacing Phase 2 (S Pointe Dr to Rancho Parkway S)
5,900 LF

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Exhibit “A”-2

Contract Administration

5. Provide engineering support, as needed, to make as-built revisions to the original plans.

7. Administer, review and track Requests for Information (RFI’s), Requests for Clarifications (RFC’s), and shop drawings.

8. Review and recommend approval of progress payment requests to City. Prior to the Notice to Proceed, the contractor will submit for approval by the City a schedule of values for all lump sum items. The consultant’s construction management staff and contractor shall meet after the agreed upon cut-off date to review and verify quantities of work completed this period. Once agreed upon, the contractor shall submit an invoice for work completed. The consultant shall then initiate the progress pay procedures.

Administration of Contract Time, and any other applicable construction related COIN publications.

10. Attend meetings with the Contractor and Inspector at the site, as needed, to maintain continuity for control on overall progress of the work.

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Exhibit “A”-3

11. Provide necessary coordination with other agencies, including submitting permit applications and other potential grant application documents and documentation as well.

15. Assist the City in maintaining a good relationship with the public. Answer citizen inquiries and complaints for the City relating to the project.

16. Coordinate the schedules and response of other City consultants or contractors (designers, surveyors, and materials testing laboratories) to ensure that the project proceeds on schedule.

18. Enforce the provisions of the specifications that require contractor to post or distribute public notices. Enforce the requirement for re-noticing when construction schedules change.

19. Coordinate with public utilities and other public agencies to resolve construction questions, scheduling conflicts, or safety issues.

20. Coordinate with the contractor to ensure that Storm Water Pollution Prevention Plans, Water Quality control measures, and air pollution measures are effectively and consistently implemented.

22. At the completion of the project, turn over all documents including final redline as-builts. A final project report will be prepared summarizing the project and performance of the contractor.

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Exhibit “A”-4