2. The project site must abut a commercial corridor and have frontage along the commercial corridor of at least 50 feet.
3. The project site may not be greater than 20 acres.
Item: 4
215
Local Guidelines for Implementing the
California Environmental Quality Act (2024) AFFORDABLE HOUSING
2024 City of Lake Forest Guidelines 10-32 ©Best Best & Krieger LLP
4. The project must be located in a zone where office, retail, or parking are a principally permitted use.
5. At least 75 percent of the perimeter of the project site must adjoin parcels that are developed with urban uses. Parcels that are only separated by a street or highway shall be considered adjoined.
6. The project may not be located on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use.
7. The project site must be located on a legal parcel or parcels that are either (a) in a city where the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau; or (b) in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
8. The proposed development must meet applicable objective zoning standards, objective subdivision standards, and objective design review standards as further explained in Government Code section 65912.123(j).
9. The proposed housing development must meet certain density requirements set forth in Government Code section 65912.123(b).
10. The proposed housing development must meet certain height and setback requirements set forth in Government Code section 65912.123(c)-(d).
11. The project may not be located on a site where any of the following would apply:
(a) The development would require the demolition of the following types of housing: (i) housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; (ii) housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; (iii) or housing that has been occupied by tenants within the past 10 years, excluding any manager’s units.
(b) The site was previously used for permanent housing that was occupied by tenants, excluding any manager’s units, that was demolished within 10 years before the development proponent submitted its application for the development.
(c) The site would require the demolition of a historic structure that was placed on a national, state, or local historic register.
(d) The property contains one to four dwelling units.
Item: 4
216
Local Guidelines for Implementing the
California Environmental Quality Act (2024) AFFORDABLE HOUSING
2024 City of Lake Forest Guidelines 10-33 ©Best Best & Krieger LLP (e) The property is vacant and zoned for housing but not for multifamily residential use.
(f) The existing parcel of land or site is governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act
12. None of the proposed housing may be located within 500 feet of a freeway.
13. None of the proposed housing may be located within 3,200 feet of a facility that actively extracts or refines oil or natural gas.
14. The project may not be located on a site that qualifies as either prime farmland or farmland of statewide importance.
15. The project site may not be located in wetlands.
16. The project site may not be located in a very high fire hazard severity zone.
17. The project site may not be located on a hazardous waste site, with limited exceptions as set forth in Government Code section 65913.4(a)(6)(E).
18. The project site may not be located within a delineated earthquake fault zone, unless the development complies with applicable seismic protection building code standards as set forth in Government Code section 65913.4(a)(6)(F).
19. The project may not be located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (“FEMA”).
20. The project site may not be located within a regulatory floodway as determined by FEMA, with limited exceptions as set forth in Government Code section 65913.4(a)(6)(H).
21. The project site may not be located on lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the federal Endangered Species Act, or other adopted natural resource protection plan.
22. The project site may not be located on habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act, the California Endangered Species Act, or the Native Plant Protection Act.
23. The project site may not be located on lands under conservation easement.
24. For a project proposed on a site within a neighborhood plan area, the applicable neighborhood plan must permit multifamily housing development on the site.
Item: 4
217
Local Guidelines for Implementing the
California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Lake Forest Guidelines 10-34 ©Best Best & Krieger LLP Additional requirements apply to projects within a neighborhood plan area as of January 1, 2024, as set forth in Government Code section 65912.121(i).
25. For a project proposed on a vacant site, the project may not result in significant and unavoidable impacts to tribal cultural resources on the site.
26. The development proponent must complete a Phase I Environmental Site Assessment, and the proponent must undertake additional measures if a recognized environmental condition is found as set forth in Government Code section 65912.123(f).
A project approved under this section must meet certain labor standards, as set forth in Government Code section 65912.130, et seq. For example, a private housing development project under this section is subject to a requirement that all construction workers employed in the execution of the development be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations. (Reference: Gov. Code, § 65912.120, et seq.)
J) A RESPONSIBLE AGENCY’S PROVISION OF FINANCIAL ASSISTANCE OR INSURANCE FOR THE DEVELOPMENT AND CONSTRUCTION OF AFFORDABLE HOUSING.
Action taken by a local agency that is acting as a responsible agency – not as a lead agency – to provide financial assistance or insurance for the development and construction of residential housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, is exempt from CEQA if the project that is the subject of the application for financial assistance or insurance will be subject to CEQA review by another public agency.
(Reference: Pub. Resources Code, § 21080.10.)
K) EXEMPTION FOR SPECIFIED AFFORDABLE HOUSING PROJECTS.
If the conditions and requirements set forth in Public Resources code section 21080.40 are met, the following public agency action relating to an “affordable housing project” shall be exempt from CEQA :
1. The issuance of an entitlement by a public agency for an affordable housing project.
2. An action to lease, convey, or encumber land owned by a public agency for an affordable housing project.
3. An action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased by a public agency for an affordable housing project.
Item: 4
218
Local Guidelines for Implementing the
California Environmental Quality Act (2024) AFFORDABLE HOUSING
2024 City of Lake Forest Guidelines 10-35 ©Best Best & Krieger LLP
4. Rezoning, specific plan amendments, or general plan amendments required specifically and exclusively to allow the construction of an affordable housing project.
5. An action to provide financial assistance in furtherance of implementing an affordable housing project.
Section 21080.40 of the Public Resources Code defines “affordable housing project” as a project that meets the following requirements:
The project consists of multifamily residential uses only or a mix of multifamily residential and nonresidential uses;
At least two-thirds of the square footage of the project is designated for residential use; All of the project’s residential units, excluding managers’ units, are dedicated to lower income households, as defined by Health & Safety Code section 50079.5; The project meets the labor requirements set forth in Government Code section 65912.130, or Government Code section 65912.131 if the project has 50 or more residential units;
The project is located on a parcel in any of the following locations: (i) an urbanized area or urban cluster, as designated by the United States Census Bureau, (ii) within one-half mile walking distance to either a high-quality transit corridor or a major transit stop, (iii) a very low vehicle travel area (defined as an urbanized area where existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita), or (iv) proximal to six or more certain specified amenities, including within one-half mile of a bus station or ferry terminal, or within one mile (or two miles if in a rural area) of a supermarket or grocery store, public park, community center, pharmacy or drugstore, medical clinic or hospital, public library, or a school; and Parcels that are developed with urban uses must adjoin at least 75 percent of the perimeter of the project site or at least three sides of a four-sided project site.
To qualify for this exemption, the affordable housing project must meet a series of requirements set forth in Public Resources Code section 21080.40. The requirements include that the affordable housing project be subject to a recorded California Tax Credit Allocation Committee regulatory agreement for at least 55 years upon completion of construction, and that the project site must be adequately served by existing utilities or extensions. In addition, the public agency must confirm that the project is not built on environmentally sensitive or hazardous land; that the project will not have significant and unavoidable tribal cultural resource impacts; that a Phase I environmental assessment was prepared and any hazardous substances on the site have been remediated; and if the project site is not permitted for multifamily housing, that none of the housing is located within 500 feet of a freeway or within 3,200 feet of a facility that actively extracts or Item: 4
219
Local Guidelines for Implementing the
California Environmental Quality Act (2024) AFFORDABLE HOUSING
2024 City of Lake Forest Guidelines 10-36 ©Best Best & Krieger LLP refines soil or natural gas; and that the project site is not within a very high fire hazard severity zone.
If a lead agency determines that the affordable housing project is exempt from CEQA pursuant to this provision, it must file a notice of exemption with the Office of Planning and Research and the county clerk of each county in which the project is located. (Reference: Pub. Resources Code, § 21080.40.)
L) MINISTERIAL APPROVAL OF HOUSING DEVELOPMENTS ON LAND OWNED BY INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION AND RELIGIOUS INSTITUTIONS.
A “housing development project” is not subject to CEQA if it meets the criteria and requirements set forth in Government Code section 65913.16. To qualify for the exemption, a housing development project must, among other things, meet the following requirements:
1. The housing development project must be located on land owned on or before January 1, 2024 by an independent institution of higher education or a religious institution, including ownership through an affiliated or associated nonprofit public benefit corporation organized pursuant to the Nonprofit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code).
2. The housing development project must consist of residential units only; constitute a mixed-use development consisting of residential and non-residential uses with at least two-thirds of the square footage designated for residential use; or consist of transitional housing or supportive housing.
3. The housing development project must meet certain affordability requirements.
One hundred percent of the development project’s total units, exclusive of a manager’s unit or units, must be for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the total units in the development may be for moderate-income households, as defined in Section 50052 of the Health and Safety Code, and 5 percent of the units may be for staff of the independent institution of higher education or religious institution that owns the land.
4. The project must be subject to specified labor and prevailing wage requirements.
The exemption is subject to a lengthy series of locational and other requirements, set forth in Government Code section 65913.16.
(Reference: Gov. Code, § 65913.16.)
Item: 4
220
Local Guidelines for Implementing the
California Environmental Quality Act (2024) DEFINITIONS
2024 City of Lake Forest Guidelines 11-1 ©Best Best & Krieger LLP 11) DEFINITIONS
Whenever the following terms are used in these Guidelines, they shall have the following meaning unless otherwise expressly defined:
11.01 “Agricultural Employee” means a person engaged in agriculture, including farming in all its branches, and, among other things, includes: (1) the cultivation and tillage of the soil, (2) dairying, (3) the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, (4) the raising of livestock, bees, furbearing animals, or poultry, and (5) any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market.
This definition does not include any person covered by the National Labor Relations Act as agricultural employees pursuant to Section 2(3) of the Labor Management Relations Act (Section 152(3), Title 29, United States Code) and Section 3(f) of the Fair Labor Standards Act (Section 203(f), Title 29, United States Code). This definition does not apply to employees who perform work to be done at the site of the construction, alteration, painting, or repair of a building, structure, or other work (as these terms have been construed under Section 8(e) of the Labor Management Relations Act, 29 United States Code section 158(e)) or logging or timber-clearing operations in initial preparation of land for farming, or who does land leveling or only land surveying for any of the above. As used in this definition, “land leveling” shall include only major land moving operations changing the contour of the land, but shall not include annual or seasonal tillage or preparation of land for cultivation. (State CEQA Guidelines section 15191(a).)
11.02 “Applicant” means a person who proposes to carry out a project which requires a lease, permit, license, certificate, or other entitlement for use, or requires financial aid from one or more public agencies when applying for governmental approval or assistance.
11.03 “Approval” means a decision by the decision making body or other authorized body or officer of the City which commits the City to a definite course of action with regard to a particular project. With regard to any project to be undertaken directly by the City, approval shall be deemed to occur on the date when the decision making body adopts a motion or resolution determining to proceed with the project, which in no event shall be later than the date of adoption of plans and specifications. As to private projects, approval shall be deemed to have occurred upon the earliest commitment to provide service or the issuance by the City of a discretionary contract, subsidy, or other form of financial assistance, lease, permit, license, certificate, or other entitlement for use of the project. The mere acquisition of land by the City shall not, in and of itself, be deemed to constitute approval of a project.
Item: 4
221
Local Guidelines for Implementing the
California Environmental Quality Act (2024) DEFINITIONS
2024 City of Lake Forest Guidelines 11-2 ©Best Best & Krieger LLP For purposes of these Guidelines, all environmental documents must be completed as of the time of project approval.
11.04 “Baseline” refers to the pre-project environmental conditions. By comparing the project’s potential impacts to the baseline, the Lead Agency determines whether the project’s impacts are substantial enough to be significant under the relevant thresholds of significance. Generally, the baseline is the environmental conditions existing on the date the environmental analysis begins, such as the date of the Notice of Preparation is published for an EIR or the date of the Notice of Intent to Adopt a Negative Declaration. However, in certain circumstances, an earlier or later date may provide a more accurate environmental analysis. The City may establish any baseline that is appropriate, including an earlier or later date, as long as the choice of baseline can be supported by substantial evidence.
11.05 “California Native American Tribe” means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004.
11.06 “Categorical Exemption” means an exception from the requirement of preparing a Negative Declaration or an EIR, based on a finding by the Secretary of the Resources Agency that the class of projects does not have a significant effect on the environment.
11.07 “CEQA” (the California Environmental Quality Act) means California Public Resources Code sections 21000, et seq.
11.08 “City” means the City of Lake Forest, California.
11.09 “Clerk” means either the “Clerk of the Board” or the “County Clerk” depending upon the county. Please refer to the “Index to Environmental Filing by County” in the Staff Summary to determine which applies.
11.10 “Community-Level Environmental Review” means either of the following:
(1) An EIR certified on any of the following: (A) a general plan; (B) a revision or update to the general plan that includes at least the land and circulation elements; (C) an applicable community plan; (D) an applicable specific plan; (E) a housing element of the general plan, if the environmental impact report analyzed the environmental effects of the density of the proposed project.
(2) A negative declaration or mitigated negative declaration adopted as a subsequent environmental review document, following and based upon an EIR on a general plan, an applicable community plan, or an applicable specific plan, provided that the subsequent environmental review document is allowed by CEQA following a master EIR or a program EIR, or is required pursuant to Section 21166.
Item: 4
222
Local Guidelines for Implementing the
California Environmental Quality Act (2024) DEFINITIONS 2024 City of Lake Forest Guidelines 11-3 ©Best Best & Krieger LLP
11.11 11.12
11.13 11.14
11.15 11.16
11.17 11.18
“Consultation” means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties’ cultural values and, where feasible, seeking agreement. Consultation between government agencies and Native American tribes shall be conducted in a way that is mutually respectful of each party’s sovereignty. Consultation shall also recognize the tribes’ potential needs for confidentiality with respect to places that have traditional tribal cultural significance.
“Cumulative Impacts” means two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. The individual effects may be changes resulting from a single project or a number of separate projects, whether past, present or future.
The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present and reasonably foreseeable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time.
“Cumulatively Considerable”
means that the incremental effects of an individual
project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. “Decision Making Body” means the body within the City, i.e., the City Council or Planning Commission, with final approval authority over the particular project. “DEIR” means an EIR containing the information summarized in Local Guidelines Section 7)o).
“Developed Open Space” means land that meets all of the following criteria: (1) land that is publicly owned, or financed in whole or in part by public funds, (2) is generally open to, and available for use by, the public, and (3) is predominantly lacking in structural development other than structures associated with open spaces, including,
but not limited to, playgrounds, swimming pools, ball fields, enclosed child play areas, and picnic facilities.
Developed open space may include land that has been designated for acquisition by a public agency for developed open space but does not include lands acquired by public funds dedicated to the acquisition of land for housing purposes. “Development
Project” means any project undertaken for the purpose of development, including any project involving the issuance of a permit for construction or reconstruction but not a permit to operate. It does not include any ministerial projects proposed to be carried out or approved by public agencies. (Government Code section 65928.)
“Director” means the Director of Community Development or his or her designee.
Item: 4
223
Local Guidelines for Implementing the
California Environmental Quality Act (2024) DEFINITIONS
2024 City of Lake Forest Guidelines 11-4 ©Best Best & Krieger LLP
11.19 “Discretionary Project” means a project for which approval requires the exercise of independent judgment, deliberation, or decision making on the part of the City.
11.20 “EIR” (Environmental Impact Report) means a detailed written statement setting forth the environmental effects and considerations pertaining to a project.
EIR may mean a Draft or a Final EIR, a Project EIR, a Subsequent EIR, a Supplemental EIR, a Tiered EIR, a Staged EIR, a Program EIR, a Redevelopment EIR, a Master EIR, or a Focused EIR.
11.21 “Emergency” means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Emergency includes such occurrences as fire, flood, earthquake, landslide or other natural disaster, as well as such occurrences as riot, war, terrorist incident, accident or sabotage.
11.22 “Endangered, Rare or Threatened Species” means certain species or subspecies of animals or plants. A species or subspecies of animal or plant is “endangered” when its survival and reproduction in the wild are in immediate jeopardy from one or more cause, including loss of habitat, change in habitat, overexploitation, predation, competition, disease, or other factors. A species or subspecies of animal or plant is “threatened” when it is listed as a threatened species pursuant to the California Endangered Species Act or the federal Endangered Species Act. A species or subspecies of animal or plant is “rare” when either:
(1) Although not presently threatened with extinction, the species is existing in such small numbers throughout all or a significant portion of its range that it may become endangered if its environment worsens; or (2) The species is likely to become endangered within the foreseeable future throughout all or a significant portion of its range and many be considered “threatened” as that term is used in the Federal Endangered species Act.
For purposes of analyzing impacts to biological resources, a species of animal or plant shall be presumed to be endangered, rare or threatened if it is listed under the California Endangered Species Act or the federal Endangered Species Act.
This definition shall not include any species of the Class Insecta which is a pest whose protection under the provisions of CEQA would present an overwhelming and overriding risk to man as determined by the Director of Food and Agriculture (with regard to economic pests) or the Director of Health Services (with regard to health risks).
11.23 “Environment” means the physical conditions which exist in the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. The area involved shall be the area in which significant effects would occur either directly or indirectly as a result of the project. The “environment” includes both natural and man-made conditions.
Item: 4
224
Local Guidelines for Implementing the
California Environmental Quality Act (2024) DEFINITIONS
2024 City of Lake Forest Guidelines 11-5 ©Best Best & Krieger LLP
11.24 “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
11.25 “Final EIR” means an EIR containing the information contained in the DEIR, comments either verbatim or in summary received in the review process, a list of persons commenting, and the response of the City to the comments received.
11.26 “Greenhouse Gas” includes, but is not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
11.27 “Highway” shall have the same meaning as defined in Section 360 of the Vehicle Code.
11.28 “Historical Resources” include:
Resources listed in, or eligible for listing in, the California Register of Historical Resources shall be considered historical resources.
A resource may be listed in the California Register if it meets any of the following National Register of Historic Places criteria:
Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage; Is associated with the lives of persons important in our past; Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or Has yielded, or may be likely to yield, information important in prehistory or history.
A resource may also be listed in the California Register if it is identified as significant in an historical resource survey that meets all of the following criteria:
The survey has been or will be included in the State Historic Resources Inventory;
The survey and the survey documentation were prepared in accordance with office procedures and requirements; and The resource is evaluated and determined by the office to have a significance rating of Category 1 to 5 on DPR Form 523.
Resources included in a local register of historical resources on a list of properties officially designated or recognized as historically significant by a local government Item: 4
225
Local Guidelines for Implementing the
California Environmental Quality Act (2024) DEFINITIONS
2024 City of Lake Forest Guidelines 11-6 ©Best Best & Krieger LLP pursuant to a local ordinance or resolution as defined in Public Resources Code section 5020.1(k), or identified as significant in a historical resource survey, (as described above) as specified in Public Resources Code section 5024.1(g), are presumed to be historically or culturally significant, unless a preponderance of evidence demonstrates that they are not historically or culturally significant.
Any of the following may be considered historically significant: any object, building, structure, site, area, place, record or manuscript which a Lead Agency determines, based upon substantial evidence in light of the whole record, to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military or cultural annals of California.
The Lead Agency is not precluded from determining that a resource is a historical resource, as defined in Public Resources Code sections 5020.1(j) or 5024.1, even if it is: (a) not listed in, or determined to be eligible for listing in, the California Register of Historical Resources; (b) not included in a local register of historical resources; or (c) not identified in a historical resources survey.
11.29 “Infill Site” means a site in an urbanized area that meets one of the following criteria: (1) the site has been previously developed for qualified urban uses; or (2) the site has not been developed for qualified urban uses but all immediately adjacent parcels are developed with existing qualified urban uses; or (3) the site has not been developed for qualified urban uses, no parcel within the site has been created with the past 10 years, and the site is situated so that: (A) at least 75 percent of the perimeter of the site adjoins, or is separated only by an improved public right-of- way from, parcels that are developed with existing qualified urban uses at the time the lead agency receives an application for an approval; and (B) the remaining 25 percent of the perimeter of the site adjoins parcels that had been previously developed for qualified urban uses.
11.30 “Initial Study” means a preliminary analysis conducted by the City to determine whether an EIR or a Negative Declaration must be prepared or to identify the significant environmental effects to be analyzed in an EIR.
11.31 “Jurisdiction by Law” means the authority of any public agency to grant a permit or other entitlement for use, to provide funding for the project in question or to exercise authority over resources which may be affected by the project.
The City will have jurisdiction by law over a project when the City, having primary and exclusive jurisdiction over the area involved, is the site of the project, the area in which the major environmental effects will occur, or the area in which reside those citizens most directly concerned by any such environmental effects.
11.32 “Lead Agency” means the public agency which has the principal responsibility for preparing environmental documents and for carrying out or approving a project when more than one public agency is involved with the same underlying activity.
Item: 4
226
Local Guidelines for Implementing the
California Environmental Quality Act (2024) DEFINITIONS
2024 City of Lake Forest Guidelines 11-7 ©Best Best & Krieger LLP
11.33 “Low-Income Households” means households of persons and families of very low and low income, which are defined in Sections 50093 and 50105 of the Health and Safety Code as follows:
(1) “Persons and families of low income” or “persons of low income” is defined in Section 50093 of the Health & Safety Code to mean persons or families who are eligible for financial assistance specifically provided by a governmental agency for the benefit of occupants of housing financed pursuant to this division.
(2) “Very low income households” is defined in Section 50105 of the Health & Safety Code to mean persons and families whose incomes do not exceed the qualifying limits for very low income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. “Very low income households” includes extremely low income households, as defined in Section 50106 of the Health & Safety Code.
11.34 “Low-Level Flight Path” means any flight path for any aircraft owned, maintained, or under the jurisdiction of the United States Department of Defense that flies lower than 1,500 feet above ground level, as indicated in the United States Department of Defense Flight Information Publication, “Area Planning Military Training Routes: North and South America (AP/1B)” published by the United States National Imagery and Mapping Agency or its successor.
11.35 “Metropolitan Planning Organization” means a federally-designated agency that provides transportation planning and programming in metropolitan areas. A MPO is designated for each urban area that has been defined in the most recent federal census as having a population of more than 50,000 people. The Census Bureau issued its list of qualifying Urbanized Areas based on population counts from the 2000 decennial Census. There are 18 federally-designated MPOs in California.
Non-urbanized (rural) areas do not have a designated MPO.
11.36 “Military Impact Zone” means any area, including airspace, that meets both of the following criteria:
(1) Is located within two miles of a military installation, including, but not limited to, any base, military airport, camp, post, station, yard, center, homeport facility for a ship, or any other military activity center that is under the jurisdiction of the United States Department of Defense; and (2) Covers greater than 500 acres of unincorporated land, or greater than 100 acres of city incorporated land.
11.37 “Ministerial” describes a governmental decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely applies the law to the facts as presented but uses no special discretion or standards or objective measurements, and the public official cannot use personal, subjective judgment in deciding whether or how the project Item: 4
227
Local Guidelines for Implementing the
California Environmental Quality Act (2024) DEFINITIONS
2024 City of Lake Forest Guidelines 11-8 ©Best Best & Krieger LLP should be carried out. Common examples of ministerial permits include automobile registrations, dog licenses, and marriage licenses. A building permit is ministerial if the ordinance requiring the permit limits the public official to determining whether the zoning allows the structure to be built in the requested locations, the structure would meet the strength requirements in the Uniform Building Code, and the applicant has paid his fee. (Public Resources Code section 21080(b)(1).)
11.38 “Mitigated Negative Declaration” means a Negative Declaration prepared for a Project when the Initial Study has identified potentially significant effects on the environment, but: (1) revisions in the project plans or proposals made , or agreed to, by the applicant before the proposed Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment.
11.39 “Mitigation” means avoiding the environmental impact altogether by not taking a certain action or parts of an action, minimizing impacts by limiting the degree or magnitude of the action and its implementation, rectifying the impact by repairing, rehabilitating or restoring the impacted environment, reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action, or compensating for the impact by replacing or providing substitute resources or environments.
11.40 “Negative Declaration” means a written statement by the City briefly describing the reasons that a proposed project, not exempt from CEQA, will not have a significant effect on the environment and, therefore, does not require the preparation of an EIR.
11.41 “Notice of Completion” means a brief report filed with the Office of Planning and Research by the City when it is the Lead Agency as soon as it has completed a DEIR and is prepared to send out copies for review.
11.42 “Notice of Determination” means a brief notice to be filed by the City when it approves or determines to carry out a project which is subject to the requirements of CEQA.
11.43 “Notice of Exemption” means a brief notice which may be filed by the City when it has approved or determined to carry out a project, and it has determined that the project is exempt from the requirements of CEQA. Such a notice may also be filed by an applicant where such a determination has been made by a public agency which must approve the project.
11.44 “Notice of Preparation” means a brief notice sent by a Lead Agency to notify the Responsible Agencies, Trustee Agencies, the Office of Planning and Research, and involved federal agencies that the Lead Agency plans to prepare an EIR for a Item: 4
228
Local Guidelines for Implementing the
California Environmental Quality Act (2024) DEFINITIONS
2024 City of Lake Forest Guidelines 11-9 ©Best Best & Krieger LLP project. The purpose of this notice is to solicit guidance from those agencies as to the scope and content of the environmental information to be included in the EIR.
Public agencies are free to develop their own formats for this notice.
11.45 “Person” includes any person, firm, association, organization, partnership, business, trust, corporation, company, city, county, city and county, town, the state, and any of the agencies which may be political subdivisions of such entities, and, to the extent permitted by federal law, the United States, or any of its agencies or political subdivisions.
11.46 “Pipeline” as defined in these Local Guidelines depends on the context. Please see Local Guidelines Sections 3)y) and 3)3)z) for specific definitions.
11.47 “Private Project” means a project which will be carried out by a person other than a governmental agency, but which will need a discretionary approval from the City.
Private projects will normally be those listed in subsections (2) and (3) of Guidelines Section 11.48.
11.48 “Project” means the whole of an action or activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment, and is any of the following:
(1) A discretionary activity directly undertaken by the City including but not limited to public works construction and related activities, clearing or grading of land, or improvements to existing public structures. (2) A discretionary activity which involves a public agency’s issuance to a person of a lease, permit, license, certificate, or other entitlement for use, or which is supported, in whole or in part, through contracts, grants, subsidies, loans or other forms of assistance by the City.
(3) A discretionary project proposed to be carried out or approved by public agencies, including but not limited to the enactment and amendment of local General Plans or elements thereof, the enactment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits and the approval of tentative subdivision maps.
The presence of any real degree of control over the manner in which a project is completed makes it a discretionary project.
The term “project” refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term “project” does not mean each separate governmental approval.
11.49 “Project-Specific Effects” means all the direct or indirect environmental effects of a project other than cumulative effects and growth-inducing effects. (Public Resources Code section 21065.3; State CEQA Guidelines section 15191(j).) Item: 4
229
Local Guidelines for Implementing the
California Environmental Quality Act (2024) DEFINITIONS
2024 City of Lake Forest Guidelines 11-10 ©Best Best & Krieger LLP
11.50 “Public Water System” means a system for the provision of piped water to the public for human consumption that has 3000 or more service connections. A public water system includes all of the following: (A) Any collection, treatment, storage, and distribution facility under control of the operator of the system which is used primarily in connection with the system; (B) Any collection or pretreatment storage facility not under the control of the operator that is used primarily in connection with the system; (C) Any person who treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption. (State CEQA Guideline Section 15155.)
11.51 “Residential” means a use consisting of either of the following: (1) Residential units only. (2) Residential units and primarily neighborhood-serving goods, services, or retail uses that do not exceed 15 percent of the total floor area of the project. Residential, pursuant to State CEQA Guidelines section 21159.24, shall mean a use consisting of either of the following:
(1) Residential units only.
(2) Residential units and primarily neighborhood-serving goods, services, or retail uses that do not exceed 25 percent of the total building square footage of the project.
11.52 “Responsible Agency” means a public agency which proposes to carry out or approve a project for which a Lead Agency has prepared the environmental documents. For the purposes of CEQA, the term “Responsible Agency” includes all federal, state, regional and local public agencies other than the Lead Agency which have discretionary approval power over the project.
11.53 “Riparian Areas” mean those areas transitional between terrestrial and aquatic ecosystems and that are distinguished by gradients in biophysical conditions, ecological processes, and biota. A riparian area is an area through which surface and subsurface hydrology connect waterbodies with their adjacent uplands. A riparian area includes those portions of terrestrial ecosystems that significantly influence exchanges of energy and matter with aquatic ecosystems. A riparian area is adjacent to perennial, intermittent, and ephemeral streams, lakes, and estuarine- marine shorelines.
11.54 “Roadway” means a roadway as defined pursuant to Section 530 of the Vehicle Code and the previously graded and maintained shoulder that is within a roadway right-of-way of no more than five feet from the edge of the roadway.
11.55 “Significant Effect” means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the activity including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. A social or economic change related to a physical change may be considered in determining whether the physical change is significant.
Item: 4
230
Local Guidelines for Implementing the
California Environmental Quality Act (2024) DEFINITIONS 2024 City of Lake Forest Guidelines 11-11 ©Best Best & Krieger LLP
11.56 11.57
11.58 11.59
“Significant Value as Wildlife Habitat” includes wildlife habitat of national, statewide, regional, or local importance; habitat for species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531, et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code); habitat identified as candidate, fully protected, sensitive, or species of special status by local, state, or federal agencies; or habitat essential to the movement of resident or migratory wildlife.
“Special Use Airspace” means the land area underlying the airspace that is designated for training, research, development, or evaluation for a military service, as that land area is established by the United States Department of Defense Flight Information Publication, “Area Planning: Special Use Airspace: North and South America (AP/1A)” published by the United States National Imagery and Mapping Agency or its successor.
“Staff” means the City Manager, the Director of Community Development, or his or her designee.
“Standard” means a standard of general application that is all of the following:
(1) A quantitative, qualitative or performance requirement found in a statute, ordinance, resolution, rule, regulation, order, or other standard of general application;
(2) Adopted for the purpose of environmental protection; (3) Adopted by a public agency through a public review process; (4) Governs the same environmental effect which the change in the environment is impacting; and Governs the jurisdiction where the project is located.
The definition of “standard” includes any thresholds of significance adopted by the City which meet the requirements of this Section.
If there is a conflict between standards, the City shall determine which standard is appropriate based upon substantial evidence in light of the whole record.
11.60 “State CEQA Guidelines” means the Guidelines for Implementation of the California Environmental Quality Act as adopted by the Secretary of the California Resources Agency as they now exist or hereafter may be amended. (California Administrative Code, Title 14, Sections 15000, et seq.)
11.61 “Substantial Evidence” means reliable information on which a fair argument can be based to support an inference or conclusion, even though another conclusion Item: 4
231
Local Guidelines for Implementing the
California Environmental Quality Act (2024) DEFINITIONS
2024 City of Lake Forest Guidelines 11-12 ©Best Best & Krieger LLP could be drawn from that information. “Substantial evidence” includes facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts. “Substantial evidence” does not include argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly inaccurate or erroneous, or evidence of social or economic impacts which do not contribute to, or are not caused by, physical impacts on the environment.
11.62 “Sustainable Communities Strategy” is an element of a Regional Transportation Plan, which must be adopted by the metropolitan planning organization for the region. (See Local Guidelines Section 11.35.) The Sustainable Communities Strategy is an integrated land use and transportation plan intended to reduce greenhouse gases. The Sustainable Communities Strategy includes various components such as: consideration of existing densities and uses within the region, identification of areas within the region that can accommodate an eight-year projection of the region’s housing needs, development of projections for growth in the region, identification of existing transportation networks, and preparation of a forecast for development pattern for the region that can be integrated with transportation networks.
11.63 “Tiering” means the coverage of general matters in broader EIRs (such as on general plans or policy statements) with subsequent narrower EIRs or ultimately site-specific EIRs incorporating by reference the general discussions and concentrating solely on the issues specific to the EIR subsequently prepared.
Tiering is appropriate when the sequence of EIRs is:
(1) From a general plan, policy, or program EIR to a program, plan, or policy EIR of lesser scope or to a site-specific EIR;
(2) From an EIR on a specific action at an early stage to a subsequent EIR or a supplement to an EIR at a later stage. Tiering in such cases is appropriate when it helps the Lead Agency to focus on the issues which are ripe for decision and exclude from consideration issues already decided or not yet ripe.
(Public Resources Code §§ 21003, 21061 and 21100.)
11.64 “Transit Priority Area” means an area within one-half mile of a major transit stop that is existing or planned, if the planned stop is schedule to be completed within the planning horizon included in a Transportation Improvement Program adopted pursuant to Section 450.216 or 450.322 of Title 23 of the Code of Federal Regulations.
11.65 “Transit Priority Project” means a mixed use project that is consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy for which for which the California Air Resources Board has accepted a metropolitan planning organization’s determination that the Item: 4
232
Local Guidelines for Implementing the
California Environmental Quality Act (2024) DEFINITIONS
2024 City of Lake Forest Guidelines 11-13 ©Best Best & Krieger LLP sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets. Such a project may be exempt from CEQA if a detailed laundry list of requirements is met.
To qualify for the exemption, the Transit Priority Project must:
(1) contain at least 50 percent residential use based on total building square footage
(2) if the project contains between 26 percent and 50 percent non-residential uses, the floor-to-area ratio (FAR) must be at least 0.75; (3) have a minimum net density of 20 dwelling units per acre; (4) be located within a half mile of a major transit stop or high-quality transit corridor included in a regional transportation plan; and (5) meet all the requirements of Public Resources Code section 21155.1.
11.66 “Transportation Facilities” includes major local arterials and public transit within five (5) miles of the project site and freeways, highways, overpasses, on-ramps, off- ramps, and rail transit service within ten (10) miles of the project site.
11.67 “Tribal Cultural Resources” are either of the following:
(1) Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either of the following:
(a) Included or determined to be eligible for inclusion in the California Register of Historical Resources.
(b) Included in a local register of historic resources as defined in subdivision (k) of Section 5020.1.
(2) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Section 5024.1. In applying the criteria set forth in subdivision (c) of Section 5024.1 for the purposes of this definition, the lead agency shall consider the significance of the resource to a California Native American tribe.
A cultural landscape that meets the criteria set forth above is a tribal cultural resource to the extent that the landscape is geographically defined in terms of the size and scope of the landscape.
A historic resource described in Section 21084.1, a unique archaeological resource as defined in subdivision (g) of Section 21083.2, or a “nonunique archaeological resource” as defined in subdivision (h) of Section 21083.2 Item: 4
233
Local Guidelines for Implementing the
California Environmental Quality Act (2024) DEFINITIONS
2024 City of Lake Forest Guidelines 11-14 ©Best Best & Krieger LLP may also be a tribal cultural resource if it conforms with the criteria of Tribal cultural resources.
11.68 “Trustee Agency” means a State agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California. Trustee Agencies may include, but are not limited to, the following:
(1) The California Department of Fish and Wildlife (“DFW”) with regard to the fish and wildlife of the state, designated rare or endangered native plants, and game refuges, ecological reserves, and other areas administered by DFW.
(2) The State Lands Commission with regard to state owned “sovereign” lands such as the beds of navigable waters and state school lands. (3) The State Department of Parks and Recreation with regard to units of the State Park System.
(4) The University of California with regard to sites within the Natural Land and Water Reserve System.
(5) The State Water Resources Control Board with respect to surface waters.
11.69 “Urbanized Area” means either of the following: (1) an incorporated city that either by itself or in combination with two contiguous incorporated cities has a population of at least 100,000 persons; or (2) an unincorporated area that meets the requirements set forth in (A) and (B) below.
(A) The unincorporated area must meet one of the following location or density requirements:
(1) the unincorporated area must be:
(i) completely surrounded by one or more incorporated cities, (ii) have a population level of at least 100,000 persons either by itself or in combination with the surrounding incorporated city or cities, and
(iii) have a population density that at least equals the population density of the surrounding city or cities; or
(2) the unincorporated area must be located within an urban growth boundary and have an existing residential population of at least 5,000 persons per square mile. For purposes of this subparagraph, an “urban growth boundary” means a provision of a locally adopted general plan that allows urban uses on one side of the boundary and prohibits urban uses on the other side.
Item: 4
234
Local Guidelines for Implementing the
California Environmental Quality Act (2024) DEFINITIONS
2024 City of Lake Forest Guidelines 11-15 ©Best Best & Krieger LLP (B) The board of supervisors with jurisdiction over the unincorporated area must have taken the following steps:
(1) The board has prepared a draft document by which the board would find that the general plan, zoning ordinance, and related policies and programs applicable to the unincorporated area are consistent with principles that:
(i) encourage compact development in a manner that promotes efficient transportation systems, economic growth,
affordable housing, energy efficiency, and an appropriate balance of jobs and housing, and
(ii) protects the environment, open space, and agricultural areas. (2) The board has submitted the draft document to OPR and allowed OPR thirty days to submit comments on the draft findings to the board.
(3) No earlier than thirty days after submitting the draft document to OPR, the board has adopted a final finding in substantial conformity with the draft finding described in the draft document referenced above in (B)(1).
11.70 “Water Acquisition Plans” means any plans for acquiring additional water supplies prepared by the public water system or a city or county lead agency pursuant to subdivision (a) of section 10911 of the Water Code.
11.71 “Water Assessment” or “Water Supply Assessment” means the water supply assessment that must be prepared by the governing body of a public water system, or the City, pursuant to and in compliance with sections 10910 to 10915 of the Water Code, and that includes, without limitation, the elements of the assessment required to comply with subdivisions (d), (e), (f), and (g) of section 10910 of the Water Code.
11.72 “Water Demand Project” means any one of the following:
(1) A residential development of more than 500 dwelling units; (2) A shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space; (3) A commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space;
(4) A hotel or motel, or both, having more than 500 rooms; Item: 4
235
Local Guidelines for Implementing the
California Environmental Quality Act (2024) DEFINITIONS
2024 City of Lake Forest Guidelines 11-16 ©Best Best & Krieger LLP (5) An industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area;
(6) Except, a proposed photovoltaic or wind energy generation facility approved on or after October 8, 2011, is not a Water Demand Project if the facility would demand no more than 75 acre-feet of water annually. (7) A mixed-use project that includes one or more of the projects specified in subdivisions (1); (2), (3), (4), (5), (6) and (8);
(8) A project that would demand an amount of water equivalent to, or greater than, the amount of water; required by a 500 dwelling unit project; (9) For public water systems with fewer than 5,000 service connections, a project that meets the following criteria:
(a) A proposed residential, business, commercial, hotel or motel, or industrial development that would account for an increase of 10 percent or more in the number of a public water system’s existing service connections; or
(b) A mixed-use project that would demand an amount of water equivalent to, or greater than, the amount of water required by residential development that would represent an increase of 10 percent or more in the number of the public water system’s existing service connections. (State Guideline Section 15155.)
11.73 “Waterway” means a bay, estuary, lake, pond, river, slough, or a perennial, intermittent, or ephemeral stream, lake, or estuarine-marine shoreline.
11.74 “Wetlands” has the same meaning as that term is construed in the regulations issued by the United States Army Corps of Engineers pursuant to the Clean Water Act. Thus, “wetlands” means areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (Public Resources Code section 21159.21(d), incorporating Title 33, Code of Federal Regulations, Section 328.3.)
11.75 “Wildlife Habitat” means the ecological communities upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection. (Public Resources Code section 21159.21.)
11.76 “Zoning Approval” means any enactment, amendment, or appeal of a zoning ordinance; granting of a conditional use permit or variance; or any other form of land use, subdivision, tract, or development approval required from the city or county having jurisdiction to permit the particular use of the property.
Item: 4
236
Local Guidelines for Implementing the
California Environmental Quality Act (2024) FORMS
2024 City of Lake Forest Guidelines 12-1 ©Best Best & Krieger LLP 12) FORMS
See Forms A-S which accompany these Guidelines.
Item: 4
237
Local Guidelines for Implementing the
California Environmental Quality Act (2024) COMMON ACRONYMS
2024 City of Lake Forest Guidelines 13-1 ©Best Best & Krieger LLP 13) COMMON ACRONYMS
ADEIR – Administrative Draft Environmental Impact Report AQMD – Air Quality Management District
AQMP – Air Quality Management Plan
AR – Administrative Record
ARB – Air Resources Board
**************************************************
BMP – Best Management Practices
BO – Biological Opinion
**************************************************
Cal EPA – California Environmental Protection Agency
CAP – Climate Action Plan
CCAA – California Clean Air Act
CCR – California Code of Regulations (Title 14 Sections 15000 et seq CE – Categorical Exclusion (NEPA)
CESA – California Endangered Species Act
CEQA – California Environmental Quality Act
CFR – Code of Federal Regulations
CMP – Congestion Management Plan
CRWQCB – California Regional Water Quality Control Board **************************************************
DEIR – Draft Environmental Impact Report
DFW – Department of Fish and Wildlife
**************************************************
EA – Environmental Assessment (NEPA term)
EIR – Environmental Impact Report
EIS – Environmental Impact Statement (NEPA term)
EPA – Environmental Protection Agency
ESA – Endangered Species Act; Environmental Site Assessment **************************************************
FCAA – Federal Clean Air Act
FEIR – Final Environmental Impact Report
FOIA – Freedom of Information Act (Federal)
FONSI – Finding of No Significant Impact (NEPA term)
FWS – Fish and Wildlife Service
**************************************************
GHG – Greenhouse Gas
Item: 4
238
Local Guidelines for Implementing the
California Environmental Quality Act (2024) COMMON ACRONYMS
2024 City of Lake Forest Guidelines 2 ©Best Best & Krieger LLP GW – Ground Water
**************************************************
HH&E – Human Health and Environment
HRA – Health Risk Assessment
HS – Hazardous Substance
**************************************************
IS – Initial Study
**************************************************
**************************************************
**************************************************
LADD – Lifetime Average Daily Dose; Lowest Acceptable Daily Dose LEA – Local Enforcement Agency
LESA – Land Evaluation and Site Assessment
LUFT – Leaking Underground Fuel Tank
LUST – Leaking Underground Storage Tanks
**************************************************
MEIR – Master Environmental Impact Report
MMRP – Mitigation Monitoring and Reporting Plan
MPO – Metropolitan Planning Organization
MND – Mitigated Negative Declaration
**************************************************
ND – Negative Declaration
NEPA – National Environmental Policy Act
NOA – Notice of Availability
NOC – Notice of Completion
NOD – Notice of Determination
NOE – Notice of Exemption
NOI – Notice of Intent
NOP – Notice of Preparation
NOV – Notice of Violation
**************************************************
OPR – Office of Planning and Research
**************************************************
PEIR – Program Environmental Impact Report
PM – Particulate Matter
Item: 4
239
Local Guidelines for Implementing the
California Environmental Quality Act (2024) COMMON ACRONYMS
2024 City of Lake Forest Guidelines 3 ©Best Best & Krieger LLP PRA – Public Records Act
PSA – Permit Streamlining Act
**************************************************
**************************************************
RCRA – Resource Conservation and Recovery Act (1976) Governs definition, handling, and disposal of hazardous waste
**************************************************
SCH – State Clearinghouse
SEIR – Supplemental or Subsequent Environmental Impact Report SMARA – Surface Mining and Reclamation Act
SWMP – Stormwater Monitoring Program
SWPPP – Stormwater Pollution Prevention Program
**************************************************
TCM – Transportation Control Measure
TCP – Transportation Control Plan
TDS – Total Dissolved Solids
TMP – Transportation Management Plan
Title V – refers to Title V of the Clean Air Act related to ambient air quality provisions TLV – Threshold Limit Value
**************************************************
UBC – Uniform Building Code
UFC – Uniform Fire Code
UGST – Underground Storage Tank
USDW – Underground Source of Drinking Water
UWMP – Urban Water Management Plan
**************************************************
VOC – Volatile Organic Compounds (Health & Safety Code, Section 25123.6.) VOS – Vehicle Operating Survey
**************************************************
WQS – Water Quality Standard
WSA – Water Supply Assessment
WTP – Water Treatment Plant
WWTP – Wastewater Treatment Plan
**************************************************
Item: 4
240
CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/21/2024
DEPARTMENT: Public Works
SUBJECT:
AWARD CONSTRUCTION CONTRACT FOR PITTSFORD PARK SHADE
STRUCTURE CANOPY REPLACEMENT PROJECT (PW 2023-09)
RECOMMENDED ACTION(S):
1. Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE
2023-2030 CAPITAL IMPROVEMENT PLAN; AMENDING
APPROPRIATIONS FOR FISCAL YEAR 2023-24
2. Award a Construction Contract in the amount of $221,000 to Williamson Development Group, Inc.
3. Reject all other bids received and authorize return of the bid bonds upon receipt of the executed contract documents from Williamson Development Group, Inc.
4. Authorize the Mayor to sign, and the City Clerk to attest the Construction Contract with Williamson Development Group, Inc.
EXECUTIVE SUMMARY:
This Pittsford Park Shade Structure Canopy Replacement Project would repair and renew the picnic area shade shelter at Pittsford Park. The shade structure has structural damage caused by weather and termites, which requires the replacement of the beams holding the roof structure. After design and bidding of the project, Williamson Development, Inc. (”Williamson”) was the apparent low bidder at $221,000. Staff originally proposed a budget of $138,000 in the Capital Improvement Program (“CIP”) prior to the design of the project. After the design and a detailed analysis of the structure, the designer determined the engineer’s estimate to be $250,000.
Staff recommends the City Council award a Construction Contract to Williamson for the construction of the Pittsford Park Shade Structure Canopy Replacement Project (PW 2023-09) (Attachment 1). The attached proposed Budget Resolution (Attachment 2) would provide an additional $105,100 from the City’s General Item: 5
241
3 0
8 7
Fund to cover the actual cost for the park shelter renovations. The proposed construction contract was prepared by the Finance Department and approved as to form by the City Attorney.
BACKGROUND:
The picnic area shade shelter at Pittsford Park is an original structure from the late 1980s/early 1990’s. The structure shows signs of age, termite impacts, and weather damage compromising the large wood 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 will be repainted, and new lighting will be installed. Upon approval of the award of the contract, staff anticipates construction would begin in summer 2024. The construction contract specifies 120 working days with the work anticipated to be completed in fall 2024.
DISCUSSION:
The Project was advertised using the City’s online OpenGov procurement software on January 22, 2024. On February 22, 2024, the City received bids from two (2) firms, ranging from $221,000 to $280,825. The apparent low bidder is Williamson Development Group, Inc. (”Williamson”). The engineer’s estimate for the project is $250,000. After opening bids, the total project cost to construct and provide contingency for the project is estimated to cost $243,100. Staff reviewed Williamson’s bid package for completeness. In addition, the electronic bidding system the City utilizes eliminates mathematical errors in the bids, therefore the submitted bid results are as follows:
Table 1: Bid Results
Contracting Firm OpenGov Verified Base Bid
Amounts
Williamson Development Group, Inc. $221,000
United Riggers & Erectors, Inc. $280,825
After analysis of the bids received, staff determined that Williamson was the lowest responsive, responsible bidder for this project. Recently, Williamson completed projects with the California Department of General Services, California Department of Transportation, and Metropolitan Water District of Southern Item: 5
242
3 0
8 7
California. Staff conducted a reference check that indicated Williamson is a responsible contractor (Attachment 3).
The Finance Department prepared the proposed Construction Contract with Williamson (Attachment 1). The City Attorney reviewed and approved the contract as to form. The contract bid amount as determined by the estimated quantities is $221,000. Per Lake Forest Municipal Code Section 3.13.085, the City Manager may approve additional work not-to-exceed 10% of the final contract amount ($22,100).
The 2023-2030 Capital Improvement Plan includes $138,000 budgeted in Fiscal Year 2023-2024 for the Pittsford Park Shade Structure Project. The proposed resolution would increase funds budgeted in the City Facilities Improvement Fund to provide sufficient funding for the Project. If adopted, the proposed resolution would increase funding for the 2023-2030 Capital Improvement Plan by $105,100.
Staff recommends the City Council approve the award of contract to Williamson and authorize the Mayor to sign and the City Clerk to attest to the proposed contract (Attachment 1). Staff also recommends the City Council adopt the proposed resolution to ensure there are sufficient funds for the completion of the Project.
FISCAL IMPACT:
Approving the recommended action would award a contract to Williamson in the amount of $221,000. The total estimated project cost, including construction, inspection, construction support, and contingency is $243,100. If approved, proposed budget resolution (Attachment 2) would provide an additional $105,100 from the City’s General Fund to cover the actual bid price for the Pittsford Park Shade Structure Canopy Rehabilitation Project.
ATTACHMENTS:
1. Proposed Construction Contract with Williamson Development Group
2. Proposed Budget Resolution
3. Contractor's Reference Check
Initiated By: Michael McConaha, Public Works Maintenance Manager Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 5
243
Attachment 1
Item: 5
244
PITTSFORD PARK SHADE STRUCTURE CANOPY REPLACEMENT
PROJECT
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
DocuSign Envelope ID: EE370152-7DA1-4C0E-8E4E-8B23F1C7D186 Item: 5
245
City of Lake Forest
REQUEST FOR BIDS (RFB)
Pittsford Park Shade Structure Canopy Replacement Project I. SECTION 00500 CONSTRUCTION CONTRACT ................................ ........
DocuSign Envelope ID: EE370152-7DA1-4C0E-8E4E-8B23F1C7D186 Item: 5
246
Title: Pittsford Park Shade Structure Canopy Replacement Project 3 1. SECTION 00500 CONSTRUCTION CONTRACT
1.1. CONTRACT
THIS CONTRACT is made this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], in the County of Orange, State of California, by and between the City of Lake Forest hereinafter called City, and Williamson Development Group,Inc., hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:
1.2. SCOPE OF WORK
The Contractor shall perform all Work within the time stipulated the contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in "COMPONENT PARTS OF THE CONTRACT" section below for the following Project:
City of Lake Forest Pittsford Park Shade Structure Canopy Replacement Project, PW 2023-09 The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
1.3. TIME FOR COMPLETION
The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within one hundred twenty (120) working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
1.4. CONTRACT PRICE
City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of TWO HUNDRED TWENTY-ONE THOUSAND DOLLARS ($221,000.00). Payment shall be made as set forth in the General Conditions.
1.5. LIQUIDATED DAMAGES
In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of two thousand five hundred dollars ($2,500) for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract.
This Article does not affect the City’s rights to other damages or remedies specified in the Contract Documents or allowed by law.
1.6. COMPONENT PARTS OF THE CONTRACT
The “Contract Documents” include the following:
Notice Inviting Bids
DocuSign Envelope ID: EE370152-7DA1-4C0E-8E4E-8B23F1C7D186 Item: 5
247
Title: Pittsford Park Shade Structure Canopy Replacement Project 4 Instructions to Bidders
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Noncollusion Declaration form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
1.7. PROVISIONS REQUIRED BY LAW
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.
DocuSign Envelope ID: EE370152-7DA1-4C0E-8E4E-8B23F1C7D186 Item: 5
248
Title: Pittsford Park Shade Structure Canopy Replacement Project 5 1.8. INDEMNIFICATION
Contractor shall provide indemnification as set forth in the General Conditions.
1.9. PREVAILING WAGES
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at City Hall or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.
1.10. SIGNATURES
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
Williamson Development Group,Inc.
By [VENDOR SIGNATURE 1]
Name: Mickel Abdallah
Title: President
License No. [CONTRACTOR LICENSE NUMBER]
CITY OF LAKE FOREST
By [AUTHORIZED CITY SIGNATURE]
______________________________
Mark Tettemer
Mayor
By [VENDOR SIGNATURE 2]
Name: [Mickel Abdallah
Title: [Secretary (Corporation or LLC)
(If Corporation, TWO SIGNATURES, President OR
Vice President AND Secretary OR Treasurer
REQUIRED)]
Attest:
[CITY CLERK SIGNATURE]
Lisa Berglund
City Clerk
DocuSign Envelope ID: EE370152-7DA1-4C0E-8E4E-8B23F1C7D186 990201
Item: 5
249
Title: Pittsford Park Shade Structure Canopy Replacement Project 6 [CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
Approved as to Form:
[CITY ATTORNEY SIGNATURE]
__________________________________
Best Best & Krieger, LLP
City Attorney
DocuSign Envelope ID: EE370152-7DA1-4C0E-8E4E-8B23F1C7D186 Item: 5
250
ATTACHMENT 2
Item: 5
251
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA, AMENDING
THE 2023-2030 CAPITAL IMPROVEMENT PLAN ;
AMENDING APPROPRIATIONS FOR FISCAL YEAR
2023-24
WHERE
AS, the 2023-2030 Capital Improvement Plan was adopted by the City Council on June 20, 2023; and
WHERE
AS, the appropriations for Fiscal Year 2023-24 were adopted by the City Council on June 20, 2023;
WHEREAS, modifications are now required as a result of changes during Fiscal Year 2023-24.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
FOREST DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:
Section 1. The City Council’s adoption of this Resolution is not a project within the meaning of the California Environmental Quality Act. Specifically, the City’s adoption of the Resolution is an administrative and fiscal function of the City that does not commit the City to any specific project or course of action. (State CEQA Guidelines, sections 15378(b)(4) & (b)(5).) Thus, no environmental review of the Resolution is required. The City Council hereby directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption within five working days of the adoption of this Resolution.
Se
ction 2. The General Fund Capital Fund is amended to increase its Capital Improvement Plan Appropriations for Fiscal Year 2023-24 as demonstrated in Exhibit A.
Section 3. The Director of Finance is hereby authorized to move appropriations between programs within program area budgets in concurrent with Department Directors.
Section 4. The City Manager is hereby authorized to transfer appropriations from one program area to another or between funds within the Operating Budget with notification to the City Council Audit Committee.
Item: 5
252
Section 5. The City Manager is hereby authorized to transfer appropriations from a capital improvement project to another existing project within the adopted Capital Improvement Program with notification to the City Council Audit Committee.
Section 6. The City Clerk shall attest as to the adoption and execution of this Resolution and cause the same to be maintained in the permanent records of the City.
PASSE
D, APPROVED AND ADOPTED this 21st day of May 2024, by
the following vote, to wit:
ATTEST:
MARK TETTEMER
MAYOR
LISA BERGLUND
CITY CLERK
APPRO
VED AS TO FORM:
MATTHEW RICHARDSON
CITY ATTORNEY
Item: 5
253
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. 2024- was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 21st day of May 2024, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
LISA BERGLUND
CITY CLERK
Item: 5
254
EXHIBIT A
AMENDMENT TO THE 2023-2030
CAPITAL IMPROVEMENT PLAN,
AMENDMENT TO FISCAL YEAR
2023-24 APPROPRIATIONS
Capital Improvement Plan Appropriations
Funding Source Project
Current
Budget
Increase
(Decrease)
Amended
Budget
General Fund
CIP Projects
Park Gazebo
Replacement $132,580 $105,100 $237,680
Total $237,680
Item: 5
255
Attachment 3
Item: 5
256
Apparent Low Bidder: Contact #1: Contact #2: Contact #3:
Williamson Development Group, Inc. Western Municipal Water District California Department of General Services San Jacinto Unified School District
Name Luis Cardenas Sabina Wiley Alex Adame
Phone No. 951-571-7285 279-799-3936 949-279-8806
E-mail [email protected] [email protected] [email protected]
QUESTION RESPONSE RESPONSE RESPONSE
1. Title and type of project Treatment Project Mobile Shelving Security Door Systems
2. Contract Amount $254,000 $489,000 $110,000
3. Approximate duration 6 Months 4 Months 4 Months
4. Actual or estimated project completion date April-24 December-23 January-24
5. Quality of the work Good Good Good
6. Similarity of the Project Good Good Good
7. Contractor’s relationship with agency representatives Good Good Good
8. Claims or stop notices No No No
9. Change order requests District Initiated Yes No
10. Agency’s desire to have contractor bid on future projects Yes Yes Yes
11. Additional Comments Very Flexible None None
PITTSFORD PARK SHADE STRUCTURE CANOPY REHABILITATION PROJECT (PW 2022-09) Item: 5
257
CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/21/2024
DEPARTMENT: Public Works
SUBJECT:
AWARD OF CONTRACT FOR CIVIC CENTER FACILITY MANAGEMENT
SERVICES
RECOMMENDED ACTION(S):
1. Award an Agreement for Maintenance Services in the amount of $2,313,920.34 to Kidder Mathews of California, Inc., for Civic Center Facility Management Services.
2. Authorize the Mayor to sign, and the City Clerk to attest, the award of an Agreement for Maintenance Services to Kidder Mathews of California, Inc., substantially in the form attached.
EXECUTIVE SUMMARY:
The current agreement with Kidder Mathews (“Kidder”) for Civic Center facility maintenance services expires on June 30, 2024. Staff issued a Request for Proposals (“RFP”) on January 22, 2024. The procurement process is a qualifications-based selection process. The RFP selection process is based on a contractor’s experience, understanding of the scope of services, proposed personnel, completion of similar projects in a timely manner, and ability to provide optimal services at an acceptable cost. After completing a competitive process as outlined in the City’s Purchasing Guidelines, staff identified the most qualified contractor for Civic Center facility maintenance services as Kidder.
Therefore, staff recommends the City Council award an Agreement for Maintenance Services to Kidder.
The term for the proposed agreement would be three years with two optional one-year extensions at the discretion of the City Council. The proposed Agreement for Maintenance Services for Civic Center Facility Maintenance with Kidder (“Agreement”) would begin July 1, 2024 (Attachment 1). The Agreement includes a compensation amount of $2,313,920.34. Sufficient funds for the Agreement are included in the 2023-2025 Operating Budget. The award of contract would provide the services of a third party to provide facility maintenance services at the Civic Center for over 30 distinct operational items.
Operational items include, in part, the operating of, preventative maintenance for, Item: 6
258
and emergency repairs for: heating, ventilation, air conditioning, elevators, charging stations, painting, plumbing, solar panels, supplies, roofs as well as any doors and security hardware for the four buildings at the Civic Center. The complete scope of maintenance services is included in Exhibit “A” of the proposed Agreement.
The Finance Department prepared the maintenance services agreement with Kidder, which the City Attorney reviewed and approved the agreement as to form.
BACKGROUND:
The Lake Forest Civic Center opened to the public in 2019 and serves as the City’s “100 Year Home”. The 12.5-acre site is comprised of an 8.1-acre Civic Center Campus, 2.6 acres of Mitigation area and 1.8 acres of landscaped slopes. Table 1 describes the size of the Civic Center Campus.
Table 1: Civic Center Campus
Facility Acreage
City Hall & Community Policing
Building
52,000 Sq Ft.
Council Chambers and Performing
Arts Center
14,000 Sq. Ft.
Senior Center 18,000 Sq. Ft.
Community Center 18,000 Sq Ft.
Parking Structure 109,340 Sq. Ft.
Kidder has provided facility maintenance services since the opening of the Civic Center in 2019. The City initiated a Request for Proposals (“RFP”) for Civic Center Facility Management Services on January 22, 2024. The scope of work in the proposed Agreement includes the following:
•One full-time building engineer on campus
•Electrical repairs
•Elevator maintenance
•Graffiti/ Nuisance/ Pressure wash/ Window cleaning.
•HVAC maintenance
•Plumbing repairs
•Roofing repairs
The proposed Agreement includes scope of work items not originally included in the previous agreement. These areas include maintenance for automatic doors, Item: 6
259
fountains, shade covers, solar panels, and rain gutters. The Agreement would also include floor care management for both carpet and wood flooring.
The Civic Center requires detailed attention and immediate response for maintenance repairs. Staff have experienced how a third party with substantial resources and contacts can respond quickly and effectively to the general facility maintenance needs of a building. Additionally, utilization of a contractor to oversee daily maintenance responsibilities will relieve the need to acquire more full-time staff and allow current maintenance staff members to focus on facility needs at other City facilities. The City’s Facility Maintenance Manager works directly with the assigned property manager to approve work and assign daily maintenance activities.
DISCUSSION:
Staff solicited proposals for Civic Center facility management services in January 2024. The City received two proposals for the services. Proposals were received from Kidder Mathews and GSH Group. A selection committee comprised of the staff listed below reviewed and scored the proposals:
•Director of Public Works/City Engineer
•Public Works Maintenance Manager
•Facility Maintenance Manager
•Recreation Manager
Technical Review and Interview Process:
The review process is comprised of three phases: the Technical Review of written proposals, the Qualifications Interview phase, and the cost proposal evaluation. The Purchasing Guidelines require the Selection Committee to review all proposals submitted in response to the RFP. Staff reviewed the proposals submitted by Kidder and GSH Group. As summarized in Table 1, staff reviewed the proposals, and all contractors met the minimum required technical criteria and staff therefore invited them to the interview process. Table 2 shows the total score for the interview and cost.
Table 1:
Technical Review Scoring
Vendor Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4
Total Score
(Max Score
100)
Kidder
Mathews
90.5 85.5 79.5 80 83.88
Item: 6
260
George S.
Hall, Inc.
81.5 70 61 66.5 69.75
Table 2:
Aggregate Scores Summary - Interview and Cost Scoring
Vendor Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4
Total Score
(Max Score
200)
Kidder
Mathews
175.2 165.6 192 169.6 175.6
George S.
Hall, Inc.
163.2 139.2 167.2 140.8 152.6
During the qualifications interview Kidder Mathews demonstrated their knowledge and experience managing facilities. Cost Proposal scoring is based on the costs for monthly and as-needed services. At the conclusion of the interview process, both firms had the opportunity to submit a last, best, and final cost proposal. After all scores were received, Kidder was the highest ranked and lowest cost firm. City staff negotiated with Kidder and the contractor was willing to lower their mark-up cost from 20% to 15%. Kidder‘s prior agreement with the City included a 20% mark-up. Table 3 below describes the final cost proposals.
Table 3
Cost Proposals
Firm 3-Year Cost Proposal
Kidder Mathews, Inc. $2,313,920.34
GSH Group, Inc. $2,410,147.74
The cost includes routine monthly maintenance, inspections, routine repairs, and emergency repairs. After the analysis of the proposals and costs, staff determined Kidder is the most qualified and cost-effective contractor for Civic Center Facility Maintenance Services. Kidder is the highest rated and lowest cost firm for Civic Center Facility Management Services. Kidder has worked on similar facilities for the Port of Olympia, City of Tacoma, University of Washington, Oregon Institute of Technology, Amazon, and Kaiser Foundation Health Plan. Its corporate headquarters are located in Seattle, Washington, with a regional office located in Irvine. Kidder Mathews has a portfolio of over 600 commercial real estate assets with 53 million square feet of space to maintain. This provides their company with a variety of contractors to immediately contact to resolve maintenance issues. Maintenance issues are responded to twenty-four hours a Item: 6
261
day, seven days a week. The reference check with other agencies stated the quality of the company’s work has been very good (Attachment 2).
The Finance Department prepared the proposed Agreement for Maintenance Services with Kidder, which the City Attorney reviewed and approved the agreement as to form. The proposed Agreement would be for the standard 3- year initial term with two optional one-year extensions based on performance and at the City Council’s discretion. The proposed agreement includes a total not-to- exceed compensation amount of $2,313,920.34. Per the City’s Purchasing Guidelines, the City Manager may approve additional work not-to-exceed 10% of the original Agreement amount. Staff recommends the City Council award an Agreement for Maintenance Services with Kidder.
FISCAL IMPACT:
The proposed Agreement for Maintenance Services includes $2,313,920.34 in total compensation. The Agreement includes a 3-year term ending June 30, 2027, with two optional one-year extensions. Sufficient funds are included in the 2023-2025 Operating Budget to cover the costs of the recommended action.
ATTACHMENTS:
1. Agreement for Maintenance Services with Kidder Mathews, Inc., for Civic Center Facility Management Services
2. References for Kidder Mathews, Inc.
Initiated By: Michael McConaha, Public Works Maintenance Manager Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 6
262
Attachment 1
Item: 6
263
LAKE FOREST CIVIC CENTER FACILITY MAINTENANCE
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
264
City of Lake Forest
Agreement for Maintenance Services
Lake Forest Civic Center Facility Maintenance
I. PARTIES AND DATE. ................................ ................................ ..............
II. RECITALS. ................................ ................................ ..............................
III. TERMS................................. ................................ ................................ ..
IV. SIGNATURES. ................................ ................................ ........................
V. EXHIBIT "A" SCOPE OF MAINTENANCE SERVICES ................................ ..
VI. EXHIBIT "B" - SCHEDULE OF SERVICES ................................ ..................
VII. EXHIBIT "C" - COMPENSATION ................................ ..............................
VIII. EXHIBIT "D" - INSURANCE REQUIREMENTS ................................ ...........
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
265
Title: Lake Forest Civic Center Facility Maintenance
3 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, located at 100 Civic Center Drive, Lake Forest 92630 (“City”) and Kidder Mathews of California, Inc., a California Corporation (Inc.) , with its principal place of business at 5 Park Plaza, Suite 1700 Irvine, CA 92614 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.” DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
266
Title: Lake Forest Civic Center Facility Maintenance
4 2. RECITALS.
2.1. Contractor.
Contractor desires to perform and assume responsibility for the provision of certain Facility Management Maintenance Services required by the City which shall be performance in accordance with the terms and conditions set forth in this Agreement and all plans, specifications and other contract documents attached to or incorporated into this Agreement. Contractor represents that it is experienced in providing Facility Management Maintenance Services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that it is familiar with the plans of City.
2.2. Project.
City desires to engage Contractor to render such services for the Lake Forest Civic Center Facilities Management Maintenance project (“Project”) as set forth in this Agreement.
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
267
Title: Lake Forest Civic Center Facility Maintenance
5 3. TERMS.
3.1. Scope of Services and Term.
3.1.1 General Scope of Services. Contractor 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 Facility Management Maintenance Services maintenance 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 July 1, 2024 to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2. Responsibilities of Contractor.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor 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 Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees or agents, except as set forth in this Agreement.
Contractor 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. Contractor 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. Contractor 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. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor 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 Contractor shall be subject to the approval of City.
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
268
Title: Lake Forest Civic Center Facility Maintenance
6 3.2.4 City’s Representative. The City hereby designates Thomas E. Wheeler, P.E. 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 Contractor but not the authority to enlarge the Scope of Work or change the total compensation due to Contractor under this Agreement. The City’s 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 Contractor’s total compensation, subject to the provisions contained in Section 3.3 of this Agreement. Contractor shall not accept direction or orders from any person other than the City Manager, City’s Representative or his/her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates D. William Frame, III, SIOR, CCIM, CEO, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his 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.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, Contractors and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the discipline necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors 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, Contractor 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 Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors 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 Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
269
Title: Lake Forest Civic Center Facility Maintenance
7 regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents 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.
3.2.9 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor 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 as 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 subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space 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 safety measures.
3.2.10 Labor
3.2.10.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since 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, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor 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 Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.2.10.2 Registration. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code sections 1725.5 and 1771.1, Contractor and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. 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. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
270
Title: Lake Forest Civic Center Facility Maintenance
8 3.2.10.3 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 Contractor shall therefore comply with such Labor Code sections to the fullest extent required by law.
3.2.11 Insurance. Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Exhibit “D” attached hereto and by this reference incorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.
3.2.12 Bonds.
3.2.12.1 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to- exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.13 Water Quality Management and Compliance.
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
271
Title: Lake Forest Civic Center Facility Maintenance
9 3.2.13.1 Storm Water Management. Storm, surface, ground, nuisance, or other waters may be encountered at various times during the Services. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
3.2.13.2 Compliance with Water Quality Laws, Ordinances and Regulations. Contractor 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, without limitation, all applicable provisions of the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.
3.2.13.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations listed in paragraph 3.2.13.2, Contractor must comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”) and the City of Lake Forest Local Implementation Plan (“LIP”). Both documents contain Model Maintenance Procedures with Best Management Practices (“BMPs”). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, stormwater runoff, and receiving water quality. Contractor shall be familiar the DAMP, and the LIP and shall comply with the requirements as specified therein.
A copy of the DAMP is available on the internet at:
http://www.ocwatersheds.com/documents/damp/mapplan
A copy of the LIP is available on the internet at:
http://www.lakeforestca.gov/296/Local-Implementation-Plan-LIP
3.2.13.4 Standard of Care. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement as they may relate to the Services.
3.2.13.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, standards and ordinances listed in Sections 3.2.13.2, 3.2.13.3, and 3.2.13.4 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
272
Title: Lake Forest Civic Center Facility Maintenance
10 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 in Sections 3.2.13.2, 3.2.13.3, and 3.2.13.4 of this Agreement 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 Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Contractor for delay in completing the Services caused by Contractor’s failure to comply with the laws, regulations, policies and standards described in Sections 3.2.13.2, 3.2.13.3 and 3.2.13.4 of this Agreement, or any other relevant water quality law, regulation, or policy.
3.3. Fees and Payments.
3.3.1 Compensation. Contractor 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 TWO
MILLION THREE HUNDRED THIRTEEN THOUSAND NINE HUNDRED TWENTY DOLLARS AND THIRTY-FOUR CENTS ($2,313,920.34) without written approval of City’s City Council. 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. Contractor shall submit to City a monthly itemized invoice which indicates work completed and hours of Services rendered by Contractor. 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 Contractor’s fees, the City shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor 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. Contractor 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.”
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
273
Title: Lake Forest Civic Center Facility Maintenance
11 3.4. Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor 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. Contractor 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.
3.5. General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.1 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.
3.5.2 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:
Contractor: Kidder Mathews of California, Inc. 5 Park Plaza, Suite 1700
Irvine, CA 92614
ATTN: D. William Frame, III, SIOR, CCIM, CEO
City: City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
ATTN: City Clerk
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.
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
274
Title: Lake Forest Civic Center Facility Maintenance
12 3.5.3 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.
3.5.4 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.
3.5.5 State License Board Notice. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
3.5.6 Indemnification. To the fullest extent allowable by law, Contractor shall defend, 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, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
3.5.7 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.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
275
Title: Lake Forest Civic Center Facility Maintenance
13 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer. Contractor 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, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 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 Contractor include all personnel, employees, agents, and subcontractors of Contractor, 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.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 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.
3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 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.
3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, 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.
3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, 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. Contractor shall also DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
276
Title: Lake Forest Civic Center Facility Maintenance
14 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.
3.5.20 Labor Certification. By its signature hereunder, Contractor 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.
3.5.21 Authority to Enter Agreement. Contractor 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.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6. Subcontracting.
3.6.1 Prior Approval Required. Contractor 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.
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
277
Title: Lake Forest Civic Center Facility Maintenance
15 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST Kidder Mathews of California, Inc.
By: [AUTHORIZED CITY SIGNATURE]
Mark Tettemer
Mayor
By: [VENDOR SIGNATURE 1]
Eric Paulsen, Regional President
President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By: [CITY CLERK SIGNATURE]
Lisa Berglund
City Clerk
By: [VENDOR SIGNATURE 2]
Brian Hatcher
Secretary (Corporation or LLC)
APPROVED AS TO FORM:
By: [CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
278
Title: Lake Forest Civic Center Facility Maintenance
16 5. EXHIBIT "A" SCOPE OF MAINTENANCE SERVICES
5.1. EXHIBIT "A" SCOPE OF MAINTENANCE SERVICES
Contractor shall provide the following maintenance services relative to Facility Management Maintenance Services for the City's Lake Forest Civic Center Facilities Management Maintenance project.
DEFINITIONS
Whenever the following terms are used in this agreement, they shall have the following meaning:
A. "BID ITEM" - Individual items of work in the Contractor's proposal at an agreed Price for the specified Item of Work.
B. "CITY" - The City of Lake Forest.
C. "CITY MANAGER" - The fully appointed City Manager of the City or his/her authorized representative.
D. "CONTRACTOR" - The managing individual of the contracting entity or his/her authorized employees or representatives.
E. "PUBLIC WORKS DIRECTOR" - The official designated as the Public Works Director of City, or any of his/her authorized representatives.
F. “PUBLIC WORKS MANAGER" - The Public Works Director's designee for bidding, awarding and administering the Contractor's work under this agreement, or any of his/her authorized representatives.
G. "REPAIRS" - Work required to maintain the serviceability of all Civic Center facilities specified under this agreement that are outside the scope of the scheduled Preventative Maintenance. Routine and reoccurring repair work must be authorized by the Public Works Manager prior to the Contractor performing the work, unless otherwise directed by the City. After hour's repair work is defined as work outside of normal business hours as indicated in the Contractor's Proposed Cost of Services Chart and shall be compensated at the proposed Bid Item Rate for Cost of labor maintenance, and routine and DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
279
Title: Lake Forest Civic Center Facility Maintenance
17 reoccurring repairs. Major repair work is not authorized under this project and shall be conducted by the City.
1.00 GENERAL INFORMATION
1.01 The Contractor shall provide all required services, including emergency work, and administer the duties and responsibilities set forth in this Request for Proposals (“RFP”), in compliance with all applicable laws, regulations, policies and procedures. The Contractor shall possess and maintain all necessary certifications, registrations and Contractors licenses issued by the State of California Licensing Board through the term of the Contract. The Contractor shall perform the work described herein, in a thorough and professional manner, so that the City of Lake Forest is provided with reliable and high- quality facility maintenance at all times.
1.02 The Contractor shall ensure that the operation of the buildings and parking structure is in compliance with all State and Federal laws.
1.03 The Contractor's forces shall leave work areas free of all dirt, litter, or other materials utilized to perform facility maintenance. The Contractor shall erect barricades, warning signs, and any other devices to prevent unauthorized access by the public or unauthorized City staff to work areas.
1.04 Facility Maintenance shall be performed in accordance with all accepted standards for maintenance and repair work to the satisfaction of the City. Contractor shall immediately respond when notified by City to correct unsatisfactory work at no additional charge.
1.05 The Contractor shall handle all City requests and concerns in a professional and timely manner.
1.06 The Contractor shall maintain individual repair and maintenance logs for both routine and emergency work listing all work performed under this agreement, referred to hereinafter as "repair and maintenance logs" or "logs" for short and kept in a designated area on each site. Logs shall indicate the date of service, time of service, service performed, the supervisor and the crew performing the work and be available for inspection upon request at all times.
1.07 The Contractor shall, during the term of this Contract, respond to all emergency phone calls/contacts to the satisfaction of the Public Works Manager, Facilities Maintenance Manager or designee within 15 minutes of notification. Contractor shall respond to requests for routine and reoccurring repairs, or emergency repairs as required, twenty-four (24) hours per day, seven (7) days per week, including holidays, by dispatching necessary personnel to the site within 60 minutes of notification. Failure to comply with this requirement may result in a reduction in payment to the Contractor as determined appropriate by the Public Works Manager.
1.08 The City shall provide access to all areas to be serviced by the Contractor.
The Contractor shall not be held responsible for damage, should access be denied or not provided by the City.
1.09 The City reserves the right to procure facility management services from other service providers/vendors, as the City deems appropriate.
1.10 The Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its services, the Contractor shall exercise all necessary precautions for the DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
280
Title: Lake Forest Civic Center Facility Maintenance
18 safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
2.00 SCOPE OF WORK – FACILITY MAINTENANCE
2.01 The Contractor shall begin preparation and utilization of an asset management system in conjunction with the City to record and document all service requests, routine and reoccurring repairs, purchases, utilities usage and facilities maintenance costs as soon as the work agreement is agreed upon and signed by both parties.
2.02 All sub-contractors and service providers shall be fully on-boarded by the Contractor a minimum of 30 days before beginning of the contract.
2.03 The Contractor shall host 3 introductory/training sessions reviewing new systems, procedures and policies. 2 meetings for upper/senior management team and 1 meeting for City staff members.
2.04 All services provided by the Contractor are intended for the interior and exterior of the Civic Center buildings, all hardscape and soft cape (Define? Or give examples?), and the parking structure located on the City’s 8.13 acre campus at 100 Civic Center Drive. The services exclude Landscaping, Landscape Maintenance and Arboriculture. The services provided by the Contractor may shall include, but are not limited to:
Electrical
Elevators and ADA Lift
General Services
Graffiti and Nuisance Abatement
Heating , Ventilation, Air Conditioning
Painting
Pest Control
Plumbing
Roofing
Fire Safety Alarm Monitoring
Solar Panel Cleaning and Maintenance
Automatic Doors
Fountain Maintenance
Shade Covers
Steam Cleaning
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
281
Title: Lake Forest Civic Center Facility Maintenance
19 Rain Gutter Cleaning
Floor Waxing
Submitting a proposed operating budget to the City for the Civic Center for the following fiscal year on or before February 1 of each year for the City’s review and approval, in such form and detail as the City shall reasonably require
Developing Standard Operating Procedures (SOP’s) for building systems Reviewing current Operation and Maintenance (O&M) manuals and developing O&M protocols Coordinating preventative maintenance programs
Coordinating routine inspections for fire systems and other functions related to building safety and operations
Providing facilities on-call engineer services 24 hour a day/7 days per week. Providing facilities engineering during business hours, as needed Coordinating renovation/capital improvement projects with contractors Populating a Computerized Maintenance Management System (CMMS) with building system data, work orders, and asset collection information
Providing cost sheets in spreadsheet format for all service and maintenance tasks by work classification, trade or service. Providing regular maintenance costs, extra work and emergency work costs detailing proposed service, frequency of service, rate, and estimated time for service with total costs extended to monthly and annual totals. The cost for the Facilities Maintenance scope of work as described above in the contractors mark up of work and service provided.
The cost for the coordination for all capital projects in the mark-up of work and service provided.
Other items not identified specifically above.
3.00 CAPITAL PROJECTS
3.01 The City shall be responsible for the design and construction of larger capital projects and major repairs. However, coordination of such work will be required of the Contractor.
4.0 ELECTRICAL
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
282
Title: Lake Forest Civic Center Facility Maintenance
20 The Contractor shall provide qualified C7, C10, C11, and California B licensed Contractors and Electricians for normal and on-call Electrical Maintenance Services, including emergency work and routine and reoccurring repairs.
The Contractor shall provide all materials, equipment, and labor for electrical maintenance services and routine and reoccurring repairs as needed.
The Contractor shall maintain and service all equipment described herein using Journeyman technical level personnel. The Contractor shall specify and qualify two certified Technicians to perform all work. One is required to have at least 10 years commercial electrical service experience and the other must have a minimum of 5 years of commercial electrical service experience. Both technicians must have overall knowledge of all of the City’s electrical equipment and systems. Both technicians shall be qualified to safely work on all electrical components.
All work shall be performed in a professional manner according to industry standards. The Contractor shall be responsible for maintaining all equipment under this contract in safe operating condition in accordance with NFPA 70B: Recommended Practice for Electrical Equipment Maintenance 2016 Edition.
The type of work required will include, but is not limited to, replacement and maintenance of commercial electrical equipment and systems of the following type:
Electrical conduit and wiring
Lighting systems and lighting control systems including timers Receptacles, switches, data and telephone jacks
Data and telephone cabling (AMP Data Certified Cat5e and Cat 6) Conduit systems for communication and other electronic systems Power to other systems such as HVAC systems, smoke fire dampers generators UPS’s or equipment
Generator systems
Solar power and PV systems
Low voltage wiring
Low voltage systems
Emergency lighting equipment and systems
Field and Street Lighting (40 foot Bucket Truck Required) Air controls
Refrigeration electrical equipment
Motors, MCC panels and electrical breakers
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
283
Title: Lake Forest Civic Center Facility Maintenance
21 VFD Drives
Soft starts
SCADA systems
Electric vehicle recharging stations
The Contractor shall have the experience and technical ability to work with “ALL” voltages. The Contractor will also be expected to perform trouble shooting and issue resolution.
5.0 ELEVATORS AND LIFTS
The Contractor shall provide elevator and lift repair and maintenance service providers who are certified, registered and licensed in the State of California.
The Contractor shall be responsible to maintain all equipment under this contract in safe operating condition in accordance with DOSH Title 8 Elevator Safety Orders. The Contractor shall also provide materials, equipment and labor for elevator and lift repair and maintenance services as needed.
All work shall be performed in a professional manner, according to industry standards.
The type of work required will include, but is not limited, to the following for Hydraulic Elevators:
Provide preventative maintenance, routine maintenance, management strategies and emergency services
Maintain a general record log of all maintenance performed on all City elevators and lifts. The maintenance record log shall be subject to inspection at any time upon request by the Facilities Maintenance Supervisor
Controller, selector, and dispatching equipment, all relays, solid state components, resistors, condenser, transformers, contacts, leads, dashpots, timing devices, computer devices, steel selector tape or cable and mechanical and electrical driving equipment Governor, governor sheave and shaft assembly, bearings, contacts and governor jaws, where applicable to roped hydraulic elevators
Car guide shoes, rollers, gibs and seismic retainer plates Hoistway door interlocks, hoistway limits, hoistway door hangers, bottom door guides and auxiliary door closing devices. Automatic power operated door operator, car door hanger, car door contact, car frame, platform and platform sub-flooring Signal and operating fixtures including lights, buzzers and gongs in all the signals and operating fixtures
Car emergency telephone equipment and system
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
284
Title: Lake Forest Civic Center Facility Maintenance
22 Electronic scanning detectors, safety edges, and light rays on car at every visit and if they are inoperative, shall repair them within one business day. If in the Contractor’s opinion, the car door protection devices are not maintainable, they shall be replaced. Fire Service related elevator
Seismic line rupture valves
Pumping plant, valves, exposed piping, fittings, piston (unless damaged by cylinder failure), piston packing, reservoir tank, oil tank heaters, mufflers and pit equipment Fuses in electrical disconnects
Emergency power lighting fixtures
Car lighting fixtures
Elevator controller computer
Pit pump
Furnishing all oil, lubricants, packing and other material as required or needed Replacement of batteries and associated components of battery lowering equipment, where installed
Make corrections and respond to discrepancies identified by local elevator enforcing authority
The type of Work required will include, but is not limited, to the following for Lifts:
Adjust gates, interlocks, fixed cams, chain, belts, push buttons, emergency communications, key switches and screw drives
Load testing at intervals as required by State of California DOSH Title 8 Elevator Safety Orders
The Contractor will also be expected to perform trouble shooting and issue resolution.
6.0 GENERAL SERVICES
The Contractor shall provide qualified C5, C8, C9, C13, C15, C17, C29, C33, C39, C53, C54, C60, and California licensed B contractors for normal and on-call General Maintenance Services including emergency work and routine and reoccurring repairs.
The Contractor shall provide all materials, equipment, and labor for services and routine and reoccurring repairs as needed.
The type of work required will include, but is not limited, to the following:
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
285
Title: Lake Forest Civic Center Facility Maintenance
23 Identifying substrate issues and provide resolutions ensure OSHA compliance Cement, Brick, Stone or Plaster work
Framing, Wood replacement and light carpentry
General Engineering, Rigging and Material Handling/Moving Partitions
Counters
Benches
Tables
Fences
Flooring
Tile, Composite, Membrane Roofs and Flat Roofs
Demolition
Refuse/Rubbish removal
Welding and Metal Fabrication
Maintenance and Repair of Special Features; including water features and fire appliances Generator Maintenance
Pressure Washing
Solar Panel Maintenance
The Contractor will also be expected to perform trouble shooting and issue resolution.
7.0 GRAFFITI REMOVAL AND NUISANCE ABATEMENT
The Contractor shall provide the City of Lake Forest with a qualified and State licensed Graffiti Removal and Nuisance Abatement C33, C61 and D38 service providers for normal and on-call Graffiti Abatement and Nuisance Abatement services.
The Contractor shall provide all labor, materials, equipment, vehicles, tools, chemicals and supplies, services and special skills and manufactured articles. Contractor shall determine the most effective method(s) for the removal of the graffiti at each location using care to avoid damages to existing improvements. Damages caused by the Contractor shall be repaired at Contractor’s sole expense to the satisfaction of the City.
All work will be performed in a professional manner according to the highest industry standards. The type of work required will include, but is not limited to, the following:
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
286
Title: Lake Forest Civic Center Facility Maintenance
24 Chemical Cleaning
Steam Cleaning
Power / Pressure Washing
Sand Blasting
Soda Blasting
Painting with Color Matching
Surface coating and protection with anti-graffiti chemicals Repair and Maintenance of special vertical and horizontal surfaces Public Convenience, Safety and Traffic Control
Litter and Debris removal
Collection and proper removal of waste water and debris from cleaning procedures Gum removal
Stickers / Posted Sign Removal
Window Washing with Pressure Washer
Providing Daily, Weekly and Monthly Schedules for service and service detail reports. Reports shall include the following information:
Location
Date and time of service
Type of service
Surface type and approximate size of site in square feet Photo of nuisance before service
Photo of nuisance after service call
Service method utilized
Name of service technicians and job supervisor
Invoice or job reference number
The Contractor will also be expected to complete all service requests within 24 hours and also perform trouble shooting and issue resolution.
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
287
Title: Lake Forest Civic Center Facility Maintenance
25 8.0 HEATING, VENTILATION & AIR CONDITIONING
The Contractor shall provide the City of Lake Forest with a qualified C20, C38, or California B licensed contractor for normal and on-call HVAC and Mechanical maintenance services, including emergency work and routine and reoccurring repairs.
The Contractor shall provide all materials, equipment, and labor for HVAC and Mechanical Services and routine and reoccurring repairs as needed.
The Contractor shall maintain and service all equipment described herein using Journeyman technical level NATE Certified personnel. The Contractor shall specify and qualify two certified Technicians to perform all work. One is required to have at least 10 years commercial HVAC / Refrigeration service experience and the other must have a minimum of 5 years of commercial HVAC / refrigeration service experience. Both technicians must have overall knowledge of all of the City’s HVAC equipment and systems. Both technicians shall be qualified to safely work on electrical components as they relate to the equipment they are servicing.
A general log of maintenance performed for the City shall be maintained by the Contractor at all times. The maintenance log shall be subject to inspection upon request by the Facilities Maintenance Supervisor.
All work shall be performed in a professional manner according to industry standards. The Contractor shall be responsible for maintaining all equipment under this contract in safe operating condition in accordance with ASHRAE 180-2012 Standard Practice for Inspection and Maintenance of Commercial Building HVAC Systems.
The type of work required will include, but is not limited to, replacement and maintenance of commercial HVAC equipment and systems of the following type:
HEATNG/HOT WATER SYSTEMS
Pumps
Air Separators
Pipe and Fittings
Valves
Chemical Treatments
CHILLERS
Chilled Water Systems
Pumps
Expansion Tanks
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
288
Title: Lake Forest Civic Center Facility Maintenance
26 Pot Feeders
Air Separators
Pipe and Fittings
Valves
Chemical Treatments
AIR HANDLERS
Variable air volume/re-heat terminal units
SUPPLY OR MAKE UP FANS
EXHAUST FANS
AIR COMPRESSORS
PACKAGE UNITS
SPLIT SYSTEMS
DDC CONTROL SYSTEMS
The Contractor will also be expected to perform trouble shooting and issue resolution.
9.0 PAINTING & RESURFACING
The Contractor shall provide the City of Lake Forest with a qualified C9, C11, C17, C33 or California B licensed contractor for normal and on-call painting services including emergency work and routine and reoccurring repairs.
The Contractor shall provide all materials, equipment, and labor for Painting services and routine and reoccurring repairs as needed.
All work shall be performed in a professional manner according to industry standards.
The type of work required will include, but is not limited to, the following:
Properly prepare various surfaces via pressure washing, scraping, sanding and filling, as necessary
Apply the following using brush, roller or paint gun
Paint
Varnish
Shellac
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
289
Title: Lake Forest Civic Center Facility Maintenance
27 Lacquer
Other
The Contractor will also be expected to perform trouble shooting and issue resolution.
10.0 PEST CONTROL
The Contractor shall provide a certified, registered and licensed in California pest eradication and management specialist.
The Contractor shall provide prevention, management strategies, routine maintenance and emergency services for a pest free environment. The Contractor shall provide all materials, equipment and labor for Pest Control services as needed.
All work shall be performed in a professional manner, day or night as needed, according to industry standards.
The type of work required will include, but is not limited, to the following:
Fully qualified and licensed personnel to perform all inspections, treatments and monitoring Maintain MSDS of all applicable chemicals which may be used in treatments Provide detailed monthly inspection reports for each service(s) at each site(s) Provide on-site inspections of kitchens, dining areas, cafeterias, work rooms, mechanical rooms, electrical rooms, utility rooms, closets, classrooms, conference rooms, corridors, hallways, recreation areas, common areas, offices, lobbies, restrooms and building exteriors Notify Facilities Maintenance Supervisor with “Notice of Intent for Pesticide Application or Treatment” prior to applying necessary pest control
Based on inspection results, apply necessary pest control measures Monitor pest control measures and record findings in a log book placed at the site Provide monthly sanitation and chemical use reports
All applications or treatments shall be done when employees are not present, after regular work hours or during the weekend
Dead Animal / Carcass removal - investigate, remove and dispose of any dead animal carcass located in, under or around buildings, attics, sheds, storage rooms or containers, etc., as needed, within four hours of initial notification
Schedule and provide monthly service calls for the prevention of rodent and pest infestations Provide on-call emergency services for correction of rodent and other pest issues DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
290
Title: Lake Forest Civic Center Facility Maintenance
28 The Contractor will also be expected to perform trouble shooting and issue resolution.
11.0 PLUMBING
The Contractor shall provide a qualified C4, C36, C53 or California B licensed contractor for normal and on-call plumbing and maintenance services, including emergency work and routine and reoccurring repairs.
The Contractor shall provide all materials, equipment and labor for Plumbing Services and routine and reoccurring repairs as needed.
The Contractor shall maintain and service all equipment described herein using Journeyman technical level personnel. The Contractor shall specify and qualify two certified technicians to perform all work. One is required to have at least 10 years of commercial plumbing experience and the other technician must have a minimum of 5 years commercial plumbing experience. Both technicians must have overall knowledge of all of the City’s Plumbing equipment and systems.
All work shall be completed in a professional manner according to industry standards. The Contractor shall be responsible for maintaining all equipment under this contract in safe operating condition in accordance with current UPC publications.
The type of work required will include, but is not limited to, repair, replacement and maintenance of commercial plumbing equipment and systems of the following type:
All Plumbing Fixtures
Waste Drain systems
Condensate Drains
Electric or Gas Fired Hot Water Heaters
Instant Hot Water Heaters
Solar Hot Water Systems
Boiler Repairs
Pumps
Pump Controls
Expansion Tanks
Thermostatic Mixing Valves
Pressure Reducing Valves
Pressure Testing
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
291
Title: Lake Forest Civic Center Facility Maintenance
29 Backflow Components
Backflow Testing
Sewer Injector Pumps
Elevator Sump pumps
The Contractor will also be expected to be able to perform trouble shooting and issue resolution.
12.0 ROOFING, MAINTENANCE AND REPAIR
The Contractor shall provide the City of Lake Forest with a qualified and State licensed roofing contractor for normal and on-call Roofing, Maintenance and Repair Services, including emergency work.
The Contractor shall provide all materials and supplies, equipment and tools, and labor to complete tasks, incidental and customary work necessary to complete on-call roofing maintenance and repair work at various City locations.
All work shall be performed in a professional manner in accordance with the highest standards of the industry. The Contractor shall respond to all service requests 24 hours a day, 365 days per year including holidays with a response time within 4 hours of the initial service request. The type of work required will include, but is not limited to, the following:
Complete roof inspections
Clean roof of debris, including dirt, leaves and misc. debris Inspect and clear drains, check and replace drain fasteners as needed Inspect and repair flashing at all penetrations and curbs, including skylights, vents and walls Inspect and repair seams in the roof field and expansion joints Inspect and secure any and all sheet metal items, reseal all cracked and missing caulking Maintain maintenance log book of all reported and completed repairs Advise City Facilities Supervisor of any repairs exceeding the scope of annual maintenance
The Contractor will also be expected to perform trouble shooting and issue resolution.
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
292
Title: Lake Forest Civic Center Facility Maintenance
30 6. EXHIBIT "B" - SCHEDULE OF SERVICES
6.1. EXHIBIT "B" - SCHEDULE OF SERVICES
The Consultant shall provide the services described in Exhibit “A” Scope of Services as directed by the City.
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
293
Title: Lake Forest Civic Center Facility Maintenance
31 7. EXHIBIT "C" - COMPENSATION
7.1. EXHIBIT "C" - COMPENSATION
Contractor shall be paid for services in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Services and the not to exceed fee of TWO MILLION THREE HUNDRED THIRTEEN THOUSAND NINE HUNDRED TWENTY DOLLARS AND THIRTY-FOUR CENTS ($2,313,920.34) billed on a time and materials basis utilizing the following rates.
Position
Annual
Hours Hourly Rate Total
Building Engineer 2080 $89.441 $186,037.28
Total Labor $186,037.28
Service
Annual
Budget Frequency Mark Up %
Annual
Amount
with Mark-up
Electrical Maintenance - Regular Non-
Emergency $10,200.00 T&M 15% $ 11,730.00
Electrical Repairs & Emergency Work $10,200.00 T&M 15% $ 11,730.00 Elevator - Chair Lift Maintenance & Testing $960.00 Semi Annual 15% $ 1,104.00 Elevators - Maintenance & Testing $12,120.00 Monthly 15% $ 13,938.00 Fire Life Safety - Monitoring $7,500.00 Quarterly 15% $ 8,625.00 Fire Life Safety Inspections $16,410.00
Quarterly,
Annual,
Semiannual 15% $ 18,871.50
Floor Care $30,000.00
2x/3x/year
Carpet, 2x/year
Wood 15% $ 34,500.00
Fountain Service $13,920.00 Monthly 15% $ 16,008.00 General Services Maintenance & Repairs $50,000.00 T&M 15% $ 57,500.00 HVAC Maintenance & Service $93,782.00 Quarterly 15% $ 107,849.30 Automated Gates, Manual Pass-Through
Gates and Fencing Maintenance and Repair $30,000.00 Monthly 15% $ 34,500.00 DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
294
Title: Lake Forest Civic Center Facility Maintenance
32 Powerwash Parking Structure $15,600.00 Semi Annual 15% $ 17,940.00 Parking Charging Stations $10,000.00 T&M 15% $ 11,500.00 Pest Control $8,000.00 Monthly 15% $ 9,200.00 Pest/Bird Abatement $3,000.00 T&M 15% $ 3,450.00 Painting $60,000.00 T&M 15% $ 69,000.00
Plumbing Repairs & Maintenance $30,000.00 T&M 15% $ 34,500.00 Pressure Wash/Windows/Graffiti/Nuisance $20,712.00 Annual 15% $ 23,818.80 Refrigerator Maintenance $5,000.00 Quarterly 15% $ 5,750.00 Roofing Inspection Maintenance & Repair $15,000.00 T&M 15% $ 17,250.00 Security Monitoring $3,500.00 Monthly 15% $ 4,025.00 Solar Panel Pressure Wash $4,000.00 1x/year 15% $ 4,600.00 Solar Panel - Tightening, Maintenance $14,500.00 Annual 15% $ 16,675.00 Steam Clean Circular Driveway $13,426.00 Monthly 15% $ 15,439.90 Supplies Office & Building $6,000.00 T&M 15% $ 6,900.00 Sweeping (Parking Structure) $1,600.00 Quarterly 15% $ 1,840.00 Back Up Power; Cummins Generator
Maintenance and Repair $5,500.00 Annually 15% $ 6,325.00 Panel Doors, Folding Doors and Room
Dividers $8,000.00 Semi Annual 15% $ 9,200.00 Gutter and Roof-Top Cleaning and
Maintenance and Service $10,000.00 T&M 15% $ 11,500.00 Total Services $ 585,269.50
Total Annual Cost $ 771,306.78
Total Compensation $ 2,313,920.34
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-Long Beach-Anaheim.
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
295
Title: Lake Forest Civic Center Facility Maintenance
33 8. EXHIBIT "D" - INSURANCE REQUIREMENTS
8.1. EXHIBIT "D" - INSURANCE REQUIREMENTS
1.1.1 Time for Compliance. Contractor 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, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.
1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor 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 not 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.
1.1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability
(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. For all policies of Commercial General Liability insurance, Contractor 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.
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
296
Title: Lake Forest Civic Center Facility Maintenance
34 Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. (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:
(1) 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. (C) Workers’ Compensation:
(1) 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. (2) 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.
1.1.4 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.
1.1.5 Waiver of Subrogation. All required policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor 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 subcontractors.
1.1.6 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.
1.1.7 Evidence of Insurance. The Contractor, 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 authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
297
Title: Lake Forest Civic Center Facility Maintenance
35 be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
1.1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Contract 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 Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
1.1.9 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.
1.1.10 Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposed no additional obligation on the City nor does it waive any rights hereunder.
1.1.11 Requirements Not Limiting. Requirement of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
1.1.12 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor’s policies, or the Contractor shall be responsible for causing subcontractors 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 subcontractor’s policies. All policies of Commercial General Liability insurance provided by Contractor’s subcontractors 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. Contractor shall not allow any subcontractor to commence work until it has received satisfactory evidence of subcontractor’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.
DocuSign Envelope ID: AF527E34-420C-42E5-B9DD-7C0C2E4025A9 Item: 6
298
Attachment 2
Item: 6
299
Contact #1: Contact #2: Contact #4:
Agency: City of Salinas City of Tacoma
Washington
Department of Natural
Resources
Contact Info: Erin Birkenkopg James Coffman Gary Martindale (206) 334-6455 (253) 591-5003 (360) 902-1166
QUESTIONS RESPONSE RESPONSE RESPONSE
1. What were the services
performed? Property Mgmt. Services Property Mgmt. Services Property Mgmt.
Services
2. How would you rate the quality
of work? Very Good Very good Very good
3. Did the firm meet all
deadlines? (Yes/No) Yes Yes Yes
4. Was day-to-day
communication with the firm
satisfactory? (Yes/No)
Yes Yes Yes
5. Were there any issues with
the firm? (Yes/No) (No, please
explain.)
No No No
6. Do you have any additional
comments or information
regarding your experience with
the firm?
Highly Recommend None None
DATE: 4/30/2024
CITY OF LAKE FOREST
DEPARTMENT OF PUBLIC WORKS
Lake Forest Civic Center Facility Maintenance Services
KIDDER MATHEWS REFERENCE CHECK
Item: 6
300
CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/21/2024
DEPARTMENT: City Manager
SUBJECT:
AWARD OF CONTRACT FOR SHOPPING CENTER ANALYSIS CONSULTING
SERVICES
RECOMMENDED ACTION(S):
1. Award a Professional Consultant Services Agreement for Shopping Center Analysis Consulting Services in the amount of $92,010 to Kosmont Companies (“Kosmont”).
2. Authorize the Mayor to sign, and the City Clerk to attest, the award of contract to Kosmont, substantially in the form attached.
EXECUTIVE SUMMARY:
The Economic Development Division (“Division”) consistently pursues business attraction, retention, and expansion as its primary objectives. Findings from the 2023 Community Satisfaction Survey (“Survey”) included attracting new restaurants and stores as the most common specific suggestion provided by residents. As part of the City’s Strategic Business Plan (“Strategic Plan”), adopted June 20, 2023, the City included Initiative SP #14 – Shopping Center Study to address the suggestions provided through the Survey.
In December 2023, staff initiated a Request for Proposal (“RFP”) procurement process. As a result, the City received proposals from four firms. The selection committee evaluated proposals through the three RFP phases: technical review, qualification interview, and cost proposal assessment. Kosmont's proposal received the highest ranking, reflecting the firm’s expertise and alignment with the City's objectives.
Staff recommends awarding the proposed Professional Consultant Services Agreement for Shopping Center Analysis Consulting Services (“Agreement”) to Kosmont, with a compensation amount of $92,010 (Attachment 1). Kosmont's comprehensive approach is supported by favorable references and a proven track record working with cities. The proposed Agreement term is for one-year with two optional one-year extensions. The proposed Agreement was prepared by the Finance department and approved as to form by the City Attorney.
Item: 7
301
Sufficient funds are included in the 2023-2025 Operating Budget to cover the costs of the recommended action.
BACKGROUND:
The Division has consistently focused on business attraction, retention, and expansion as its core objectives. Results from the 2023 Community Satisfaction Survey indicate significant demand for new businesses and restaurants in Lake Forest. Addressing this need has become a priority for the enhancement of our community and economic growth. According to the Survey, 12% of residents listed “Attract new restaurants, stores” as a change to improve the city. The current offerings in our area are perceived as limited, and there is a strong consensus that attracting new businesses/restaurants would improve overall satisfaction and meet the evolving needs of our community. To achieve the Division’s objectives and address community input, the City included Initiative SP #14 – Shopping Center Study in the City’s Strategic Plan, which was adopted June 20, 2023. The initiative aims to produce a technical report that assesses the City’s current shopping center inventory and recommends transition or re-tenant options based on shopper preferences and other economic trends.
DISCUSSION:
The City Manager reviewed and approved the RFP for a Shopping Center Analysis Consultant to be released on December 12, 2023. Four proposals were received in response to the RFP from the following firms:
•HdL
•Kosmont
•Robert Charles Lesser & Co, LLC d/b/a RCLCO (“RCLCO”)
•The Retail Coach
Consistent with the City’s Purchasing and Contracting Guidelines (“Purchasing Guidelines”), staff assembled a selection committee approved by the City Manager to review proposals and participate in the interview phase of the selection process. Four evaluators were a part of the Technical and Qualifications Review of each proposal. The Selection Committee was comprised of the following staff:
Technical Proposal Review and Interview Evaluators:
•Assistant City Manager
•Director of Community Development
Item: 7
302
•Economic Development/Housing Manager
•Management Assistant
Review Process:
The review process is comprised of three phases: the Technical Review of written proposals, the Qualifications Interview, and the Revised Cost Proposal evaluation. A firm must receive an average of 60 points (60%) or higher, in the Technical Review phase to move on to the Qualifications Interview phase. All four firms scored at least a 60-point average score from the Technical Proposal Review. The results of the Technical Review phase are summarized in Table 1 below.
Table 1: Technical Review Phase Scoring
Firm Technical Review Rater Total
1 2 3 4
HdL 71.5 66.5 94.5 60 73.13
Kosmont
Companies
73.5 77.5 98 82 82.75
Robert Charles
Lesser & Co, LLC
d/b/a RCLCO
80 68.5 91.5 72 78
The Retail Coach 64 65.5 85.5 60 68.75
Pursuant to the City’s Purchasing Guidelines, the City invited the firms that scored a minimum of 60 points for an interview to discuss their respective approaches to the requested services. Interviews were conducted February 27 and February 28, 2024. Following the Qualifications Interviews and subsequent scoring by the Selection Committee, the Purchasing Coordinator reviewed the cost proposals. The Qualifications Interview and Cost Proposal Evaluation phase scoring is reflected in Table 2.
Table 2: Interview and Costing Review
Firm Technical Review Rater Total
1 2 3 4
HdL 118.8 122 123.6 110 118.6
Kosmont
Companies
142 158 157.2 142 149.8
Robert Charles
Lesser & Co, LLC
d/b/a RCLCO
145.6 139.2 154.4 152 147.8
The Retail Coach 140.8 148 157.6 136 145.6
Item: 7
303
Including the cost proposal component, Kosmont received the highest ranking in the proposal review process. Table 3 shows the total cost for the firms that made it to the Qualifications Interview and Cost Proposal Evaluation phase.
Table 3: Compensation Costs of Proposed Agreement
Firm Cost
HdL $203,000
Kosmont Companies $92,010
Robert Charles Lesser & Co, LLC d/b/a RCLCO $304,610
The Retail Coach $62,500
Recommend Consultant – Kosmont:
Kosmont is a real estate, financial advisory and economic development services firm offering a full range of services including real estate and financial advisory; economic development strategies; public/ private project transactions; sustainable infrastructure; housing projects; and market studies and economic analysis for the public, non-profit, and private sectors. Founded in 1986, Kosmont is a nationally recognized expert in economic development, public/ private finance, and real estate development projects involving government and private sector partnerships.
Staff believes the firm’s allocation of resources, project management schedule, and experienced personnel differentiated Kosmont from the other proposers. The project team includes key personnel, including the President and Project Manager, with experience working with several California and South County clients.
Staff conducted a reference check with other local agencies that have contracted Kosmont for related analysis or studies. Staff found the reference check to be positive and overall indicative of an effective and useful service offering (Attachment 2).
Proposed Agreement:
Staff recommends the City Council award the proposed Agreement to Kosmont with a compensation amount of $92,010. The Agreement was prepared by Finance staff and has been reviewed by the City Attorney and approved as to form. The term of the Agreement is for one-year with two optional one-year extensions. Staff anticipates that it will take approximately one year to complete the initial deliverables outlined in the Scope of Work. Should the City Council choose to award the proposed Agreement with Kosmont, staff would begin working with the consultant to begin the analysis.
Item: 7
304
FISCAL IMPACT:
The proposed Agreement includes a total compensation amount of $92,010. The term of the Agreement is for one-year with two optional one-year extensions.
Sufficient funds exist in the 2023-2025 Operating Budget.
ATTACHMENTS:
1. Agreement for Professional Consultant Services with Kosmont Companies
2. Reference Check for Kosmont Companies
Initiated By: Hope Hairrell, Management Assistant
Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
Item: 7
305
ATTACHMENT 1
Item: 7
306
SHOPPING CENTER ANALYSIS CONSULTING SERVICES
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
307
City of Lake Forest
Professional Consultant Services Agreement
Shopping Center Analysis Consulting Services
I. PARTIES AND DATE. ................................ ................................ ..............
II. RECITALS. ................................ ................................ ..............................
III. TERMS................................. ................................ ................................ ..
IV. SIGNATURES. ................................ ................................ ........................
V. EXHIBIT "A" SCOPE OF SERVICES ................................ ...........................
VI. EXHIBIT "B" - SCHEDULE OF SERVICES ................................ ..................
VII. EXHIBIT "C" - COMPENSATION ................................ ..............................
VIII. EXHIBIT "D" - INSURANCE REQUIREMENTS ................................ ...........
DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
308
Title: Shopping Center Analysis Consulting Services
3 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 Kosmont and Associates, Inc., dba Kosmont Companies, a California Corporation (Inc.) , with its principal place of business at 2301 Rosecrans Ave., Suite 4140, El Segundo, CA 90245 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”
DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
309
Title: Shopping Center Analysis Consulting Services
4 2. RECITALS.
2.1. Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional Shopping Center Analysis 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 Shopping Center Analysis 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 Shopping Center Analysis consulting services for the Shopping Center Analysis project ("Project") as set forth in this Agreement.
DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
310
Title: Shopping Center Analysis Consulting Services
5 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 Shopping Center Analysis 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 June 1, 2024 to May 31, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually 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.
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 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 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 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.
DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
311
Title: Shopping Center Analysis Consulting Services
6 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: Fernando Sanchez, Vice President.
3.2.5 City's Representative. The City hereby designates Keith Neves, Assistant City Manager, 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 Ken Hira, President and Project Manager, or his/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 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 uncooperative, incompetent, a threat to the DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
312
Title: Shopping Center Analysis Consulting Services
7 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 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, directors, officers, 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.
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 space 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 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 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, 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 DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
313
Title: Shopping Center Analysis Consulting Services
8 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.
A copy of the DAMP is available on the internet at:
http://www.ocwatersheds.com/documents/damp/mapplan
A copy of the LIP is available on the internet at:
http://www.lakeforestca.gov/296/Local-Implementation-Plan-LIP
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 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. regulation, or policy.
DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
314
Title: Shopping Center Analysis Consulting Services
9 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 NINTY TWO THOUSAND AND TEN DOLLARS ($92,010.00) 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.
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 post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
315
Title: Shopping Center Analysis Consulting Services
10 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 subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
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 address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: Kosmont and Associates, Inc., dba Kosmont Companies 1601 N Sepulveda Blvd., #382
DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
316
Title: Shopping Center Analysis Consulting Services
11 Manhattan Beach, CA 90266
ATTN: Ken Hira, President and Project Manager
City: City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
ATTN: City Clerk
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 Consultant 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) DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
317
Title: Shopping Center Analysis Consulting Services
12 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 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, 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 reason¬able 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), 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, or this Agreement, including the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses.
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 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.
DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
318
Title: Shopping Center Analysis Consulting Services
13 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, 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.
3.6.16 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. 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 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 DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
319
Title: Shopping Center Analysis Consulting Services
14 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 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.
DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
320
Title: Shopping Center Analysis Consulting Services
15 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST Kosmont and Associates, Inc., dba Kosmont Companies
By: [AUTHORIZED CITY SIGNATURE]
Mark Tettemer
Mayor
By: [VENDOR SIGNATURE 1]
Larry J. Kosmont
Chairman of the Board
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By: [CITY CLERK SIGNATURE]
Lisa Berglund
City Clerk
By: [VENDOR SIGNATURE 2]
Kelly Aguilar
Secretary (Corporation or LLC)
APPROVED AS TO FORM:
By: [CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
321
Title: Shopping Center Analysis Consulting Services
16 5. EXHIBIT "A" SCOPE OF SERVICES
5.1. EXHIBIT "A" SCOPE OF SERVICES
Consultant shall provide the following Shopping Center Analysis professional consulting services relative to the City's Shopping Center Analysis project.
The objective is to provide a comprehensive report detailing the challenges, opportunities, and strengths of the targeted shopping centers (“Centers”) and mixed-use sites (“Sites”) to evaluate existing retail market conditions and provide recommended strategies to successfully promote economic growth within the City. In addition, the firm shall recommend retention strategies and transition or re-tenant options based on shopper preferences and economic trends. This analysis will provide for current and future retail needs to ensure the continued economic health of the City.
The City would like to better understand market trends and demands, best practices for fostering a diverse economic environment at the Centers and Sites, and customer preferences for commercial and restaurant tenants. The City intends to work closely with the professional firm to provide pertinent information and assist in identifying retail leakage, site opportunities, community/neighborhood strengths, key stakeholders, and business development opportunities.
The City has over 50 shopping centers. The firm shall utilize the most current data to compile its Retail Market Analysis and focus on the designated Centers listed below. The consultant shall also include in the analysis assumptions for the build-out of the Meadows Development and Portola Center Developments (currently under construction).
Shopping Centers:
A. Foothill Plaza
B. Lake Forest Corridor Center
C. Foothill Retail Center, Baker Ranch Plaza, Big O Tire Plaza, Forest Plaza D. Forest Plaza
E. Sycamore Plaza
F. Fresh & Easy Center
G. Lake Forest Village
H. El Toro Plaza (East & West)
I. Orange Tree Plaza
J. Bell Tower South
In addition to the Retail Market Analysis focused on the centers listed above, the consultant shall also consider the additional residential developments that could occur in the mixed-use commercial focused areas in the 2020 General Plan. The consultant shall identify which types of commercial uses will pair well within the Sites listed below; which Sites will likely have a viable retail component.
Existing Commercial/Urban Industrial Centers With Potential for new Residents:
1. Foothill Ranch Towne Centre (all four (4) quadrants)
2. Lake Forest Towne Center, Aspan Plaza, Rockfield Center DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
322
Title: Shopping Center Analysis Consulting Services
17 3. Rockfield Showplace
4. El Toro Auto Center
5. Freeway Corridor (Hunter Court, Swartz Plaza, El Toro Square, Bridger Road)
6. Lake Forest Marketplace
The primary scope of services for the firm will include, but may not be limited to:
A. General Consulting Services shall consist of the following but are not limited to:
A. Engage with key stakeholders (public and private), which includes but is not limited to: major employers, local commercial brokers/property managers, customers/residents, and the Lake Forest Chamber of Commerce;
B. Preparation of a basic Retail Market Analysis and specific action plans to implement overall strategies of business attraction and retention successfully for the preferred Centers identified; C. Identify opportunity sites for transition or re-tenant; D. Participate in a kick-off meeting with City staff to discuss the City’s economic development goals and objectives, identify potential constraints, review the Scope of Work, establish a schedule and communication protocols;
E. Present alongside the City at up to two (2) Commercial Broker/Property Manager Roundtable(s), one (1) Commission Meeting, and three (3) City Council Meetings. The City Council meetings shall accomplish the following: (1) kick off meeting with the City Council; (2) City Council update meeting; and (3) final results and presentation to the City Council.
B. Retail Market Analysis shall consist of the following but are not limited to:
A. Utilizing the most current data, create a full economic and development profile for the City which includes, but is not limited to: population and household demographics: unemployment and employment breakdown by industry, City’s top employers, resident concentration within City limits, employment concentration, resident and employee commute, worker inflow/outflow, and traffic counts; an analysis on employment growth by the following methods: industry, employment projections, supply, vacancy and lease rates, regional submarkets, retail vacancy, office vacancy, regional retail asking rates, regional retail format breakdown, regional and local historical rent, vacancy and absorption; taxable retail sales performance metrics for Lake Forest and comparison cities; and retail sales surplus/leakage information.
B. Analyze demographic and economic data concerning the market area, focusing on consumer spending available to support and estimate retail uses by category over time; C. Evaluate the current conditions of designated Centers and the surrounding market area, including the infrastructure, traffic, existing land use, known local and regional plans, and developments, outlining the dynamics of the trade area, as shaped by major regional retail concentrations nearby;
DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
323
Title: Shopping Center Analysis Consulting Services
18 D. Prepare a Retail Market Analysis report that shall compile data and findings from the economic and development profile to understand supply and demand conditions for the City’s market capacity for the Centers. The analysis should include a Leakage Analysis (Void Analysis), Needs Assessment, and Market and Retail GAP Analysis to determine what, if any, retail or other commercial demand is not being met locally;
E. Estimate future demand and market potentials with respect to the following market segments:
retail, dining, entertainment, personal and professional services, office, active and passive recreation, and light industrial; for the designated Centers and the amount of future market segments that could be supported by existing and future anticipated demographics; as well as under-utilized/under-performing properties;
F. Assess the constraints and opportunities for reuse of existing buildings and infrastructure versus redevelopment of the Sites;
G. Utilize consumer and regional trends to identify customer’s interest and desire for certain types of potential uses or redevelopment and the scale, intensity, and economic market for those uses.
H. Provide a listing of retail business types that have the potential to successfully expand in or be recruited to the Centers.
C. Mixed-Use Analysis shall consist of the following but are not limited to:
A. Consider the additional residential developments that could occur in the mixed-use commercial focused areas in the 2020 General Plan;
B. The consultant shall identify which types of commercial uses will pair well within the Sites; C. Identify which Sites will likely have a viable retail component.
D. Community Outreach and Engagement shall consist of the following but are not limited to:
A. Coordinate with shopping center owners, adjacent property owners, and the broader community through a variety of interactive means to solicit feedback and develop the vision and goals for the designated Centers and Sites. Consultants are encouraged to provide alternative approaches to community engagement based on past experience or best practices to ensure a wide range of community participation;
B. Develop a strong understanding of the land leases, ground leases, and building leases at the Centers and Sites. Create a portfolio including ownership, lease, broker, and CC&R information for the Sites;
C. Coordinate ownership stakeholder meetings that facilitate a discussion between designated Centers and Sites ownership, the consultant, the City, and other relevant stakeholders.
E. Economic Development Strategy shall consist of the following but are not limited to:
DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
324
Title: Shopping Center Analysis Consulting Services
19 A. Develop recommendations for the Centers and Sites to improve the quality and diversity of uses within the Centers and Sites, outline how the City can leverage resources to retain businesses supported by market and consumer demand, and how the City can positively influence the redevelopment of the Centers and Sites;
B. Identify the best and most appropriate uses for the Centers and Sites that is supported by market data and City and community interests and desires; C. Recommend potential public incentives that could improve the Centers and Sites viability for redevelopment;
D. Provide a recommendation of prospective tenants to assist the City and shopping center owner(s) with targeted marketing efforts;
E. Identify recruitment targets that will meet the long-term needs of the City and will be targeted to draw consumers from outside the market area into the City’s trade area and will respond to the leakage gaps identified;
F. Make recommendations concerning phasing of retail development, zoning changes as appropriate, most favorable new retail uses and other issues as useful; G. Identify site opportunities and constraints for the designated Centers and Sites. This will include the site access, existing building placement, biological constraints, infrastructure constraints, grading constraints, and other relevant site development constraints.
F. Consultant Deliverables shall consist of the following but are not limited to:
A. Full Economic and Development Profile;
B. Retail Market Analysis Report;
C. Mixed-Use Analysis Report;
D. Lease Information Portfolio of the Sites;
E. Presentations:
o Kick-off meeting with City Council (overview of services, regional retail trends, schedule); o Second meeting with City Council (Economic and Development Profile, Opportunity Sites); o Third meeting with City Council (Responses to questions from previous meetings, recommendations);
o Informational meeting with City Commissioners (overview of services, regional retail trends, goals of the study);
o Commercial broker, property manager roundtable(s) (overview of services, regional retail trends, goals of study).
DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
325
Title: Shopping Center Analysis Consulting Services
20 G. The Economic Development Division will be responsible for:
A. Administering the project and overseeing the consultant’s work; B. Providing relevant studies, plans, and initiatives;
C. Providing the City’s local policies and practices in support of economic development for the consultant’s review;
D. Coordination of meetings with stakeholders, such as City officials and staff, members of the Chamber of Commerce, and other City-based economic development-related organizations; E. Assisting with other community outreach.
H. Reporting Requirements shall consist of the following but are not limited to:
A. Prepare monthly/quarterly assessment of the effectiveness of the consultant’s recommendations for modifications. Summary report should include recruitment targets that will meet the long-term needs of the City and will be targeted in response to the leakage gaps identified. The report should identify the appropriate uses for the Sites that is supported by market data and City and community interests and desires; B. Detailed invoices with supporting documentation for services shall be submitted monthly, broken down by hours worked per staff member and any other charges.
DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
326
Title: Shopping Center Analysis Consulting Services
21 6. EXHIBIT "B" - SCHEDULE OF SERVICES
6.1. EXHIBIT "B" - SCHEDULE OF SERVICES
The Consultant shall provide the services described in Exhibit “A” Scope of Services as directed by the City.
DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
327
Title: Shopping Center Analysis Consulting Services
22 7. EXHIBIT "C" - COMPENSATION
7.1. EXHIBIT "C" - COMPENSATION
Consultant shall be paid for services in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Services and the not to exceed fee of NINTY TWO THOUSAND AND TEN DOLLARS ($92,010.00) and billed at the following rates:
TASKS COST / TASK
1: Kickoff Meeting and Tour $6,475
2: Economic and Development Profile
Data / Reimbursable Costs
$12,350
$1,000
3: Retail Market Analysis
Data/ Reimbursable Costs
$14,490
$4,000
4: Community Outreach and Engagement $16,815
5: Draft of Retail Market Analysis Report $9,050
6: Draft of Mixed/Blended-Use Analysis Report $7,910
7: Economic Development Strategy $5,770
8: Public Presentations and Meetings $14,150
TOTAL COST $92,010
Additional Expenses
In addition to professional services (labor fees):
1) An administrative fee for in-house copy, fax, phone, postage costs, digital/technological support and related administrative expenses will be charged, which will be computed at four percent (4.0 %) of monthly Kosmont Companies professional service fees incurred; plus 2) Out-of-pocket expenditures, such as travel and mileage, professional printing, and delivery charges for messenger and overnight packages will be charged at cost. 3) Project/Market data sources for support of evaluation and analysis e.g., ESRI, Placer.ai, CoStar/STR, IMPLAN, ParcelQuest and other based on quoted project cost. 4) If Kosmont retains Third Party Vendor(s) for Client (with Client’s advance approval), fees and cost will be billed to Client at 1.1X (times) fees and costs.
DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
328
Title: Shopping Center Analysis Consulting Services
23 5) Consultant’s attendance or participation at any public meeting, whether such participation is in person, digital, video and/or telephonic (e.g., City Council, Planning Commission, Public Agency Board, other) requested by Client and are beyond those specifically identified in the Scope of Work will be billed at the professional services (hourly) fees as shown on this rate sheet
Kosmont & Associates, Inc. DBA Kosmont Companies Hourly Rates Position Hourly Rates
President $395.00 / hour
Senior Vice President/Sr. Advisor/Sr. Managing Director $370.00 / hour Vice President/Project Advisor $250.00 / hour
Senior Project Analyst $195.00 / hour
Project Analyst/Project Research $175.00 / hour
Assistant Project Analyst/Assistant Project Manager $150.00 / hour Project Promotion/Graphics/GIS Mapping Services $ 95.00 / hour Clerical Support $ 80.00 / hour
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-Long Beach-Anaheim.
DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
329
Title: Shopping Center Analysis Consulting Services
24 8. EXHIBIT "D" - INSURANCE REQUIREMENTS
8.1. EXHIBIT "D" - INSURANCE REQUIREMENTS
1.1.1 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.
1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the 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 Consultant’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.
1.1.3 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:
DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
330
Title: Shopping Center Analysis Consulting Services
25 (A) Commercial General Liability
(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:
(1) 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. (C) Professional Liability (Errors & Omissions):
(1) 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. (2) 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.
(D) Workers’ Compensation:
(1) 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. (2) 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.
1.1.4 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.
1.1.5 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
331
Title: Shopping Center Analysis Consulting Services
26 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.
1.1.6 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.
1.1.7 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 authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
1.1.8 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.
1.1.9 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.
1.1.10 Enforcement of Contract 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.
1.1.11 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.
1.1.12 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 shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
332
Title: Shopping Center Analysis Consulting Services
27 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.
DocuSign Envelope ID: F247B28B-3BD0-411B-BD6E-520702165720 Item: 7
333
ATTACHMENT 2
Item: 7
334
Reference Check for Kosmont Companies
Shopping Center Analysis Consulting
1 of 2
Contact 1
City of Twentynine Palms
Contact 2
City of Indian Wells, CA
Contact 3
City of South Gate, CA
Contact 4
City of Norwalk, CA
Contact 5
City of Fullerton, CA
# Questions Response Response Response Response Response 1 What were the services performed?
Recruitment to Attract
Grocery/Retail and Hotels
Analytics and Retail
Recruitment to Attract
Grocery Retail
Public Private Project /
Recruitment to Attract Retail
Retail Recruitment to Attract
Restaurants and Hotels Recruitment to Attract retail
2 How would you rate the quality of
work? Scale
1‐5: 1 Poor, 2 Ok, 3 Good, 4 Very
Good, 5
Excellent
Excellent work - excellent
5 5
5 5 - Very Good
3 Were there any delays or deviations
from the firms' workplan? If so, what
caused them?
No deviations
None
No Delays
No delays or deviations.
No Delays or Deviations,
flexible and did a physical
drive in our community and
assessed major sites.
4 Did the firm meet all deadlines? Yes Yes Yes YES YES
5 Was regular communication
satisfactory?
Excellent
Communication was excellent
and Kosmont Companies
always made themselves
available when needed.
More than Satisfactory
YES
YES
6 How would you rate the firm’s
approach and performance when
interacting with community
stakeholders including elected
officials (Council Members) and
public stakeholders? Scale
1‐5: 1 Poor, 2 Ok, 3 Good, 4 Very
Good, 5 Excellent
Very well with Council, and
with our downtown plan
they interacted with the
Community which was also
very good
5 5
5 5 - Very Good
Item: 7
335
Reference Check for Kosmont Companies
Shopping Center Analysis Consulting
2 of 2
Contact 1
City of Twentynine Palms
Contact 2
City of Indian Wells, CA
Contact 3
City of South Gate, CA
Contact 4
City of Norwalk, CA
Contact 5
City of Fullerton, CA
# Questions Response Response Response Response Response
7 Would you consider using this firm for
future projects/services?
Yes, and right now – which I
am with another City
Yes. Recently brought them
onboard for another project in
the City.
5 Yes
Yes – We have now entered
into an on-call agreement
with Kosmont for Real
Estate & Financial Advisory
Services
8 Do you have any additional comments
or information regarding your
experience with the firm?
Good Firm, and has results I have worked with Kosmont
Companies over the past
decade. They have an
amazing team and are
committed to assist their
clients. I can happily say
that they assisted the City of
Indian Wells bring in a new
grocery store to fill a vacant
spot in our community that
was there for seven years.
Without their assistance, it
would still be vacant.
6 yrs. of work with the City.
Econ Dev plans in
2018/2019/2023. Help with
the strategic plan. Provide
quarterly market updates
given to City Council. Help
line up retailers and hotels
and restaurants they want to
meet with. Develop
marketing materials -
demographic data etc.
depending on sites they are
marketing. Very good
relationship and very
supportive. They have a lot
of experience with other
cities. Complete, thorough,
responsiveness. Ken and
team do presentations to the
Council/Commission and
answer questions. Really
good with community
policymakers and
community members.
Professional and mindful of
the audience. They are up to
speed on the market
conditions, really helpful.
The firm was very good at
data and providing a solid
SWOT analysis as well as
recommended actions to
improve our retail health.
The firm lacks in some of its
aesthetics/marketing and
design on the products they
provide. They are focused on
data analysis and quality
rather than visual appeal.
Staff used their data to
create separate content
including booklets, flyers,
etc. for such events as ICSC
and local business outreach
activities.
Item: 7
336
CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/21/2024
DEPARTMENT: City Manager
SUBJECT:
AWARD OF CONTRACT FOR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") CONSULTING
RECOMMENDED ACTION(S):
1. Award a Professional Consultant Services Agreement for CDBG Consulting Services in the amount of $225,800 to Willdan Engineering
2. Authorize the Mayor to sign, and the City Clerk to attest, the award of Professional Consultant Services Agreement to Willdan Engineering, substantially in the form attached
EXECUTIVE SUMMARY:
The City has received Community Development Block Grant (“CDBG”) funding from the Department of Housing and Urban Development (“HUD”) since 1994. To maintain eligibility for this grant, the City submits several technical reports to HUD.
Since 2014, the City has engaged Mike Linares, Inc. (“Mike Linares”) for CDBG consulting services. Following the City’s selection process, Willdan Engineering (“Willdan”) emerged as the recommended consultant for CDBG Consulting Services. Willdan’s proven track record coupled with a thorough understanding of the City's needs and successful history of collaboration, makes it the ideal firm to assist with the administration of the CDBG program.
Based on a comprehensive review process and favorable references, staff recommend awarding the contract for CDBG Consulting Services (“Agreement”) to Willdan, with a proposed compensation of $225,800 (Attachment 1). The proposed Agreement term spans from June 5, 2024, to June 30, 2027, with the option for two one-year extensions. The proposed compensation aligns with the City's budgetary framework and would be funded through Federal CDBG funds, subject to approval by the City Council. The proposed Agreement was prepared by the Finance department and approved as to form by the City Attorney.
Item: 8
337
Should the City Council approve the Agreement with Willdan, staff will initiate collaboration with the consultant on CDBG administration and services, ensuring continued support for community development initiatives and economic opportunities for residents.
BACKGROUND:
CDBG
Since 1994, the City has received annual CDBG funding from HUD. CDBG is a formula grant allocated to city and county governments to develop viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities for low and moderate-income persons. To receive this annual grant, the City must complete and submit technical reports to HUD detailing the achievements of CDBG goals and related expenditures. These reports include the Annual Action Plan, Five-Year Consolidated Plan, Analysis of Impediments to Fair Housing, and Comprehensive Annual Performance Evaluation Report.
Consulting Services
Since 2014, the City has utilized the services of Mike Linares for CDBG consulting services. In June 2019, the City entered into the current Professional Consultant Services Agreement with Mike Linares, which is set to expire on June 30, 2024. Since entering into the Agreement with Mike Linares, the City Council has approved two amendments and extended the agreement for two additional one-year terms beyond the initial three-year term.
DISCUSSION:
The City Manager reviewed and approved the Request for Proposal (“RFP”) for CDBG Consulting Services to be released on January 8, 2024. Five proposals were received in response to the RFP, and four proposals from the following firms met the mandatory elements:
•Grow America
•MVN & Associates, LLC (“MVN”)
•The Ramsay Group
•Willdan
Consistent with the City’s Purchasing and Contracting Guidelines (“Purchasing Guidelines”), staff assembled a selection committee approved by the City Item: 8
338
Manager to review proposals and participate in the interview phase of the selection process. Four evaluators were a part of the Technical and Qualifications Review of each proposal. The Selection Committee was comprised of the following staff:
•Assistant City Manager
•Economic Development/Housing Manager
•Senior Planner
•Management Assistant
Review Process:
The review process is comprised of three phases: the Technical Review of written proposals, the Qualifications Interview, and the Revised Cost Proposal evaluation. Firms must meet all mandatory elements to advance to the Technical Review phase. Additionally, a firm must receive an average of 60 points (60%) or higher, in the Technical Review phase to move on to the Qualifications Interview phase. Two of the five firms scored at least a 60-point average score from the Technical Proposal Review. Pursuant to the City’s Purchasing Guidelines, the City invited the firms that scored a minimum of 60 points for an interview to discuss their respective approaches to the requested services. Interviews were conducted April 2 and April 3, 2024. The results of the Technical Review and Qualifications Interview phases are summarized in Tables 1 and 2 below.
Table 1: Technical Review Phase Scoring
Firm Technical Review Rater Total
1 2 3 4
Grow America 60 60 60 76.5 64.13
MVN 54 49 40 57 50
The Ramsay
Group
57.5 56 50 61.5 56.25
Willdan 79.5 78.5 91.3 80.5 82.44
Following the Qualifications Interviews and subsequent scoring by the Selection Committee, the Purchasing Coordinator reviewed the cost proposals. The impact on the Qualifications Interview phase scoring is reflected in Table 2.
Table 2: Interview and Costing Review
Firm Qualifications Interview Review Rater Total
1 2 3 4
Grow America 141 151.4 129 158.6 145
Willdan 168 184.8 184 178.4 178.8
Item: 8
339
Including the cost proposal component, Willdan received the highest ranking in the proposal review process. Table 3 below outlines the total cost estimates for the firms that made it to the Qualifications Interviews phase.
Table 3: Proposed Service Fees
Firm Not To Exceed Cost
Estimate
Willdan $232,514
Grow America $540,000
Recommend Consultant – Willdan:
Willdan is a leading provider of professional consulting and technical services to utilities, public agencies, and private industry throughout the United States. With over 50 years of experience, Willdan offers a diverse range of services encompassing energy efficiency and sustainability, engineering and planning, and municipal finance and administration. Their team of experts collaborates closely with clients to deliver tailored solutions that address complex challenges and drive positive outcomes. From community development and infrastructure projects to environmental compliance and renewable energy initiatives, Willdan is committed to delivering innovative, cost-effective solutions that enhance the quality of life for communities nationwide.
Staff believes the firm’s allocation of resources, project management schedule, experience of its personnel, and successful history working with the City are an important indicator of the level of service and expertise that the recommended consultant will provide. Willdan’s proposal and interview demonstrated a level of service and expertise that reflects the City’s desired level of work and analysis.
Staff conducted a reference check with other local agencies that have contracted with Willdan for related analysis or studies. Staff found the reference check to be positive and overall indicative of an effective and useful service offering (Attachment 2).
Proposed Agreement:
Upon identifying Willdan as the highest ranked firm, staff proceeded to negotiate with the firm and secured a lower not to exceed amount of $225,800 for the initial three-year term under the agreement. Staff recommends the City Council award the proposed Agreement to Willdan with a compensation amount of $225,800.
The Agreement was prepared by Finance staff and has been reviewed by the City Attorney and approved as to form. The initial term of the Agreement is from June 5, 2024, to June 30, 2027, with the option for up to two one-year extensions.
Item: 8
340
Should the City Council choose to award the Agreement with Willdan, staff would begin working with the consultant on CDBG administration and services.
FISCAL IMPACT:
Consulting services provided under this Agreement are paid for with Federal CDBG funds. The proposed Agreement would include a total compensation amount of $225,800. The compensation would cover the projected costs associated with providing CDBG consulting services. CDBG funding is provided annually by HUD. As outlined in the previously adopted 2023-25 Operating Budget, appropriations subject to approval by the City Council for FY 2024-25 will include expenditures consistent with the approved FY 2024-25 Annual Action Plan.
ATTACHMENTS:
1. Agreement for Professional Consultant Services with Willdan Engineering
2. Reference Check for Willdan Engineering
Initiated By: Hope Hairrell, Management Assistant
Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
Item: 8
341
ATTACHMENT 1
Item: 8
342
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
CONSULTING SERVICES
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
343
City of Lake Forest
Professional Consultant Services Agreement
Community Development Block Grant (CDBG) Consulting Services I. PARTIES AND DATE. ................................ ................................ ..............
II. RECITALS. ................................ ................................ ..............................
III. TERMS................................. ................................ ................................ ..
IV. SIGNATURES. ................................ ................................ ........................
V. EXHIBIT "A" SCOPE OF SERVICES ................................ ...........................
VI. EXHIBIT "A-I" - FEDERALLY REQUIRED PROVISIONS FOR SERVICES ........
VII. EXHIBIT "B" - SCHEDULE OF SERVICES ................................ ..................
VIII. EXHIBIT "C" - COMPENSATION ................................ ..............................
IX. EXHIBIT "D" - INSURANCE REQUIREMENTS ................................ ...........
DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
344
Title: Community Development Block Grant (CDBG) Consulting Services 3 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 Willdan Engineering, a California Corporation (Inc.) , with its principal place of business at 2401 E. Katella Suite 300, Anaheim, CA 92806 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.” DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
345
Title: Community Development Block Grant (CDBG) Consulting Services 4 2. RECITALS.
2.1. Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional Community Development Block Grant (CDBG) 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 Community Development Block Grant (CDBG) 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 Community Development Block Grant (CDBG) Consulting Services for the CDBG Consulting Services and Preparation of the 5-Year Consolidated Plan project ("Project") as set forth in this Agreement.
DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
346
Title: Community Development Block Grant (CDBG) Consulting Services 5 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 Community Development Block Grant (CDBG) Consulting Services 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. Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I.”
3.1.2 Term. The term of this Agreement shall be from June 5, 2024 to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually 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.
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 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 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 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.
DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
347
Title: Community Development Block Grant (CDBG) Consulting Services 6 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: Jennifer Maria, Deputy Director of Planning .
3.2.5 City's Representative. The City hereby designates Keith Neves, Assistant City Manager, 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 Jennifer Maria, Deputy Director of Planning , or his/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 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 uncooperative, incompetent, a threat to the DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
348
Title: Community Development Block Grant (CDBG) Consulting Services 7 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 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, directors, officers, 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.
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 space 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 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 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, 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 DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
349
Title: Community Development Block Grant (CDBG) Consulting Services 8 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.
A copy of the DAMP is available on the internet at:
http://www.ocwatersheds.com/documents/damp/mapplan
A copy of the LIP is available on the internet at:
http://www.lakeforestca.gov/296/Local-Implementation-Plan-LIP
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 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. regulation, or policy.
DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
350
Title: Community Development Block Grant (CDBG) Consulting Services 9 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 TWO HUNDRED TWENTY-FIVE THOUSAND EIGHT HUNDRED DOLLARS ($225,800.00) 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.
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 post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
351
Title: Community Development Block Grant (CDBG) Consulting Services 10 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 subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
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 address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: Willdan Engineering
2401 E. Katella Suite 300
DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
352
Title: Community Development Block Grant (CDBG) Consulting Services 11 Anaheim, CA 92806
ATTN: Jennifer Maria, Deputy Director of Planning
City: City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
ATTN: City Clerk
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 Consultant 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) DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
353
Title: Community Development Block Grant (CDBG) Consulting Services 12 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 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, 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 reason¬able 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), 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 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 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.
DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
354
Title: Community Development Block Grant (CDBG) Consulting Services 13 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.
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, 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.
3.6.16 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. 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 subconsultant, employee or applicant for employment DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
355
Title: Community Development Block Grant (CDBG) Consulting Services 14 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 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.
DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
356
Title: Community Development Block Grant (CDBG) Consulting Services 15 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST Willdan Engineering
By: [AUTHORIZED CITY SIGNATURE]
Mark Tettemer
Mayor
By: [VENDOR SIGNATURE 1]
Vanessa Muñoz, President
President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By: [CITY CLERK SIGNATURE]
Lisa Berglund
City Clerk
By: [VENDOR SIGNATURE 2]
Kate Nguyen
Secretary (Corporation or LLC)
APPROVED AS TO FORM:
By: [CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
357
Title: Community Development Block Grant (CDBG) Consulting Services 16 5. EXHIBIT "A" SCOPE OF SERVICES
5.1. EXHIBIT "A" SCOPE OF SERVICES
Consultant shall provide the following Community Development Block Grant (CDBG) Consulting Services professional consulting services relative to the City's Community Development Block Grant (CDBG) Consulting Services project.
General CDBG Services:
General CDBG program consultation and program management support including, but not limited to, the following:
Review and respond to HUD-related correspondence.
Review and prepare other HUD reports (e.g., prevailing wage, minority contractor and Section 3 reports).
Review, report and advise proposed legislation and/or regulations that impact the City's use of CDBG funds.
Respond to public inquiries regarding housing and CDBG-related activities. Undertake annual on-site monitoring of nonprofits that receive CDBG funds to ensure program compliance.
Provide initial review of CDBG invoices.
Coordinate with City staff to ensure timely use/reimbursement of CDBG funds including reconciling financial records.
Other tasks related to general CDBG program administration. Assist City with Interface with IDIS system to complete all necessary funding. Activities reporting requirements, and set up voucher drawdowns for the City's Program Manager.
Attend bi-weekly meetings with staff (virtual or in-person, although in-person is preferred) (1 hour every 2 weeks).
On an as-needed basis: review and provide input on the City's Compliance Workout Plan.
Preparation of the City's annual application for CDBG funds (the Annual Action Plan). Tasks include, but may not be limited to the following:
Prepare annual application for CDBG funds to be used by nonprofits and city departments. Prepare required narratives and tables for annual submission of the Action Plan. Input proposed project/program data in HUD's CPMP tool. Other tasks related to the preparation, submission and approval of the Action Plan.
Preparation of CDBG amendments/substantial amendments (as needed) including, but not be limited to the following:
Prepare required narratives and tables for submission of a CDBG amendment(s)/substantial amendment(s).
DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
358
Title: Community Development Block Grant (CDBG) Consulting Services 17 Input proposed project/program data in HUD's Integrated Disbursement and Information System (IDIS).
Other tasks related to preparing, submitting, and approving a CDBG amendment(s)/substantial amendment(s).
Preparation of items for the City's annual performance report (the Comprehensive Annual Performance and Evaluation Report (CAPER). Tasks include, but may not be limited to the following:
Update HUD's Integrated Disbursement and Information System (IDIS) with all relevant quarterly data from funded entities and any available year-end data. Prepare IDIS reports for public review and submission to HUD. Prepare CAPER pursuant to HUD's direction.
Other tasks related to the preparation, submission, and approval of the CAPER. Preparation of the City's 2025-2029 Five-Year Consolidated Plan, including but not limited to:
Assessment of the City's housing and community development needs in consultation with staff;
Preparation of a Needs Assessment that profiles the City's population, housing, and employment;
General CDBG-CV Services:
General CDBG-Coronavirus (CDBG-CV) program consultation and program management support including, but not limited to, the following:
Review and respond to HUD-related correspondence.
Review, report, and advise proposed legislation and/or regulations that impact the City's use of CDBG-CV funds.
Respond to public inquiries regarding CDBG-CV related activities. Undertake on-site monitoring of nonprofits that receive CDBG-CV funds to ensure program compliance.
Provide initial review of CDBG-CV invoices.
Coordinate with City staff to ensure timely use/reimbursement of CDBG-CV funds, including reconciling financial records.
Other tasks related to general CDBG-CV program administration. Activities reporting requirements and set up voucher drawdowns for the City's Program Manager.
Attend bi-weekly meetings with staff (virtual or in-person, although in-person is preferred) (1 hour every 2 weeks).
Preparation of CDBG-CV annual performance report (the Comprehensive Annual Performance and Evaluation Report (CAPER)). Tasks include but may not be limited to the following:
Update HUD's IDIS with all relevant data from funded entities and available year-end data. Prepare IDIS reports for public review and submission to HUD.
DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
359
Title: Community Development Block Grant (CDBG) Consulting Services 18 Prepare CAPER pursuant to HUD's direction.
Other tasks related to the preparation, submission, and approval of the CAPER.
General Consolidated Plan Services:
Preparation of a housing and community development strategy for the 2025-2029 Consolidated Plan to include HUD-required Consolidated Plan Needs and Priority Tables created in the context of HUD's econ Planning Suite;
Community workshop/outreach meetings (maximum of 3) to discuss housing and community development needs;
Conduct a community survey for public input;
Attend up to two City Council meetings at which the Council will consider approval of the draft Five-Year Consolidated Plan;
Optional Services – Annually determined at the request of the City
Other CDBG-related services as Needed
DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
360
Title: Community Development Block Grant (CDBG) Consulting Services 19 6. EXHIBIT "A-I" - FEDERALLY REQUIRED PROVISIONS FOR SERVICES
6.1. EXHIBIT "A-I" - FEDERALLY REQUIRED PROVISIONS FOR MAINTENANCE
SERVICES
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)–Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining and Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
Debarment and Suspension (executive Orders 12549 and 12689) – A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive order 12549.
DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
361
Title: Community Development Block Grant (CDBG) Consulting Services 20 7. EXHIBIT "B" - SCHEDULE OF SERVICES
7.1. EXHIBIT "B" - SCHEDULE OF SERVICES
The Consultant shall provide the services described in Exhibit “A” Scope of Services as directed by the City.
DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
362
Title: Community Development Block Grant (CDBG) Consulting Services 21 8. EXHIBIT "C" - COMPENSATION
8.1. EXHIBIT "C" - COMPENSATION
Consultant shall be paid for services in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Services and the not to exceed fee of TWO HUNDRED TWENTY-FIVE THOUSAND EIGHT HUNDRED DOLLARS ($225,800.00) billed on a time and materials basis according to the following schedule:
2025-2029 Consolidated Plan:
Preparation of 2025-2029 Consolidated Plan $31,100
Total: $31,100
The Preparation of the 2025-2029 Consolidated Plan is a fixed rate cost and shall not exceed $31,100.
CDBG Consulting Services:
Description Annual Costs
Per Task
3-Year Agreement
Total Cost
Administration of the CDBG and CDBG-CV Program $42,546 $127,638 Preparation of CDBG Annual Action Plan $7,457 $22,371
Preparation of CAPER $6,134 $18,402
Participation in Bi-Weekly Meetings $4,578 $13,734
Additional Services $2,500 $7,500
Compliance Workout Plan Review $1,685 $5,055
Total: $64,900 $194,700
The CDBG Consulting Services shall be based on hourly rates which are listed below and shall not exceed $194,700 over the initial three-year term.
Staff Hourly Rates:
Project Role Hourly Rate
Principal-In-Charge $237
Grants Administrator (Project Manager) $209
CDBG Manager $145
Housing Programs Manager $132
Grants Analyst $125
Grants Specialist $95
Sr. Grants Technical Advisor $150
Labor Compliance Manager $174
Labor Compliance Specialist $136
DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
363
Title: Community Development Block Grant (CDBG) Consulting Services 22 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-Long Beach-Anaheim.
DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
364
Title: Community Development Block Grant (CDBG) Consulting Services 23 9. EXHIBIT "D" - INSURANCE REQUIREMENTS
9.1. EXHIBIT "D" - INSURANCE REQUIREMENTS
1.1.1 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.
1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement 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 the 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 Consultant’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.
1.1.3 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:
DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
365
Title: Community Development Block Grant (CDBG) Consulting Services 24 (A) Commercial General Liability:
(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:
(1) 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. (C) Professional Liability (Errors & Omissions):
(1) 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. (2) 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.
(D) Workers’ Compensation:
(1) 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. (2) 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.
1.1.4 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.
1.1.5 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
366
Title: Community Development Block Grant (CDBG) Consulting Services 25 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.
1.1.6 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.
1.1.7 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 authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
1.1.8 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.
1.1.9 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.
1.1.10 Enforcement of Contract 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.
1.1.11 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.
1.1.12 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 shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
367
Title: Community Development Block Grant (CDBG) Consulting Services 26 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.
DocuSign Envelope ID: A265EE3A-73F5-4E20-9DD2-52A58A8753C9 Item: 8
368
ATTACHMENT 2
Item: 8
369
Reference Check for Willdan
CDBG Consulting Services
2 of 2
Contact 1
City of Bell, CA
Contact 2
City of Cudahy, CA
Contact 3
City of Moreno Valley, CA
# Question Response Response Response
1 What were the services performed?
CDBG administrative project
management and Labor Compliance
project management
Comm Development;
Human Resources;
Engineering
HOME ARP Allocations
CDBG Entitlement Management
CDBG-CV Grants Management
2 How would you rate the quality of
work? Scale 1-5
1 Poor, 2 Ok, 3 Good, 4 Very Good,
5 Excellent
5 5 5
3 Were there any delays or deviations
from the firms' workplan? If so, what
caused them? Not so far
N/A, we worked with Willdan for many
years in various departments and projects.
Work plan was followed and if needed
adjusted for better results
No
4 Did the firm meet all the deadlines? yes All were completed in a timely manner according to the workplan. Yes
5 Was regular communication
satisfactory? yes Communication with Willdan was excellent Yes, very easy to get ahold of 6 How would you rate the firm’s
approach and performance when
interacting with community
stakeholders including elected
officials (Council Members)
and public stakeholders? Scale
1‐5: 1 Poor, 2 Ok, 3 Good, 4 Very
Good, 5 Excellent
5 Consultant only communicates with staff
and applicants.
5 Most interaction was with the community
and staff which was very excellent.
5 7
Would you consider using this firm
for future projects/services?
Yes Yes Yes
8 Do you have any additional
comments or information regarding
your experience with the firm?
Willdan have been very effective in
getting our commercial rehab program
off the ground
No
Always willing to pitch in/help with anything
from staff reports, presentations, last minute
changes/additions. Always reachable.
Item: 8
370
CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/21/2024
DEPARTMENT: Public Works
SUBJECT:
AWARD OF CONTRACT FOR LAKE FOREST CITYWIDE ON-CALL FACILITY
AND PARK MAINTENANCE SERVICES
RECOMMENDED ACTION(S):
1. Award an Agreement for Maintenance Services in the amount of $484,200 to Jamey Clark, Inc., for Lake Forest Citywide On-Call Facility and Park Maintenance Services
2. Authorize the Mayor to sign, and the City Clerk to attest, the award of an Agreement for Maintenance Services to Jamey Clark, Inc., substantially in the form attached.
EXECUTIVE SUMMARY:
The current agreement with Jamey Clark, Inc. (”JCI”) for citywide on-call facility and park maintenance services will expire on June 30, 2024. Staff issued a Request for Proposals (RFP) in March 2023. The procurement process is a qualifications-based selection process. The RFP selection process is based on a firm’s experience, understanding of the scope of services, proposed personnel, completion of similar projects in a timely manner, and ability to provide optimal services at an acceptable cost. After completing a competitive process as outlined in the City’s Purchasing Guidelines, staff identified JCI as the most qualified firm for citywide on-call facility and park maintenance services. Staff recommends the City Council award an agreement for Maintenance Services to JCI.
The term for the proposed agreement would be three years with two optional one-year extensions at the discretion of the City Council. The proposed Agreement for Maintenance Services for Citywide On-Call Facility and Park Maintenance Services Agreement with JCI (”Agreement”) would begin July 1, 2024 (Attachment 1). The Agreement includes a compensation amount of $484,200. Sufficient funds for the Agreement are included in the 2023-2025 Operating Budget. The Finance Department prepared the Agreement for Maintenance Services with JCI, which the City Attorney reviewed and approved as to form.
Item: 9
371
BACKGROUND:
The City provides facilities, parks, playgrounds, parkways, and medians for the use and enjoyment by the community. The City maintains these facilities and conducts repairs by utilizing an on-call maintenance provider on an as needed basis. Services include playground certified safety inspections and repairs, plumbing repairs, equipment repairs, and after hour responses related to vandalism and broken facilities. The City currently maintains 30 parks, various structures and facilities such as Arbor structures, Sports Park Community Center, and Civic Center.
DISCUSSION:
On March 7, 2024, staff issued an RFP and solicited proposals for Maintenance Services on OpenGov. The scope of work provides for general maintenance of park facilities and includes furnishing all labor, materials, equipment, tools, and incidentals to repair City-owned facilities and equipment at all park locations and at the Civic Center as required. At the close of the RFP response period, the City received one proposal. The RFP had 285 views, 12 followers, and three applicants that started a submission. Ultimately, only one vendor submitted a proposal. Facility Maintenance and Park Maintenance Services are very specific services with a finite number of contractors. The details associated with park inspections and repairs require certifications from the State of California that many construction contractors do not obtain. Consistent with the City Purchasing Guidelines, staff assembled a selection committee approved by the City Manager to review proposals and participate in the interview phase of the selection process. The selection committee was comprised of the following:
•Director of Public Works
•Public Works Maintenance Manager
•Facility Maintenance Manager
•Senior Recreation Supervisor
Technical Review and Interview Process
The review process is comprised of three phases: the Technical Review of written proposals, the Qualifications Interview phase, and the Cost Proposal Evaluation. The Purchasing Guidelines require the Selection Committee to review all proposals submitted in response to the RFP. Staff reviewed the proposal submitted by JCI. As summarized in Table 1, staff reviewed the proposal and JCI met the minimum required technical criteria and staff therefore Item: 9
372
invited JCI to the interview process. Table 2 shows the total score for the interview and cost.
Table 1:
Technical Review Scoring
Vendor Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4
Total Score
(Max Score
100)
JCI-Safepark 82.5 90.5 87.5 81.5 85.5
Table 2:
Aggregate Scores Summary - Interview and Cost Scoring
Vendor Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4
Total Score
(Max Score
200)
JCI-Safepark 180 182.4 186.4 184 183.2
During the qualifications interview, Jamey Clark demonstrated knowledge and experience with maintaining and repairing facilities and parks. Cost Proposal scoring is based on the costs for as needed services. At the conclusion of the interview process, JCI had the opportunity to submit a revised cost proposal. JCI did not propose any changes to their original cost proposal. Table 3 below describes the final cost proposal received.
Table 3
COST PROPOSALS
Firm 3-Year Cost Proposal
Jamey Clark, Inc. $484,200
The costs include all required services and allowances for emergency repairs.
After the analysis of the proposal and cost, staff determined JCI is the most qualified and cost-effective contractor for Citywide Facility and Park Maintenance Services. The cost proposal sets unit prices for three years and is nearly the same as the current contract. JCI has satisfactorily completed projects for the City in the past. JCI is currently providing on-call facility and park repair services for the cities of Dana Point, Laguna Hills, Mission Viejo, San Clemente, and Vista. Although JCI is the incumbent contractor, staff conducted a reference check, which yielded positive results. The reference check with other agencies stated the quality of the company’s work has been very good (Attachment 2). JCI has demonstrated its willingness to respond quickly to specific concerns and requests from staff.
Item: 9
373
The Finance Department prepared the Agreement with JCI, which the City Attorney reviewed and approved the agreement as to form. The proposed agreement would be for the standard 3-year initial term with two optional one- year extensions based on performance and at the City Council’s discretion. The proposed agreement includes a total not-to-exceed compensation amount of $484,200. Per the City’s Purchasing Guidelines, the City Manager may approve additional work not-to-exceed 10% of the original Agreement amount. Staff recommends the City Council award an Agreement for Maintenance Services with JCI.
FISCAL IMPACT:
The proposed Agreement for Maintenance Services includes $484,200 in total compensation. Sufficient funds are included in the 2023-2025 Operating Budget to cover the costs of the recommended action.
ATTACHMENTS:
1. Agreement for Maintenance Services with Jamey Clark, Inc., for Maintenance Services
2. References for Jamey Clark, Inc.
Initiated By: Michael McConaha, Public Works Maintenance Manager Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 9
374
Attachment 1
Item: 9
375
CITYWIDE ON-CALL FACILITY AND PARK REPAIR SERVICES
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
376
City of Lake Forest
Agreement for Maintenance Services
Citywide On-Call Facility and Park Repair Services
I. PARTIES AND DATE. ................................ ................................ ..............
II. RECITALS. ................................ ................................ ..............................
III. TERMS................................. ................................ ................................ ..
IV. SIGNATURES. ................................ ................................ ........................
V. EXHIBIT "A" SCOPE OF MAINTENANCE SERVICES ................................ ..
VI. EXHIBIT "B" - SCHEDULE OF SERVICES ................................ ..................
VII. EXHIBIT "C" - COMPENSATION ................................ ..............................
VIII. EXHIBIT "D" - INSURANCE REQUIREMENTS ................................ ...........
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
377
Title: Citywide On-Call Facility and Park Repair Services 3 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, located at 100 Civic Center Drive, Lake Forest 92630 (“City”) and Jamey Clark Inc., a California Corporation (Inc.) , with its principal place of business at 23151 Alcalde Dr. Suite B4, Laguna Hills, CA 92653 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.” DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
378
Title: Citywide On-Call Facility and Park Repair Services 4 2. RECITALS.
2.1. Contractor.
Contractor desires to perform and assume responsibility for the provision of certain Citywide On- Call Facility and Park Repair Services maintenance services required by the City which shall be performance in accordance with the terms and conditions set forth in this Agreement and all plans, specifications and other contract documents attached to or incorporated into this Agreement. Contractor represents that it is experienced in providing Citywide On-Call Facility and Park Repair Services maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that it is familiar with the plans of City.
2.2. Project.
City desires to engage Contractor to render such services for the Citywide On-Call Facility and Park Repair Services project (“Project”) as set forth in this Agreement.
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
379
Title: Citywide On-Call Facility and Park Repair Services 5 3. TERMS.
3.1. Scope of Services and Term.
3.1.1 General Scope of Services. Contractor 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 Citywide On-Call Facility and Park Repair Services maintenance 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 July 1, 2024 to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2. Responsibilities of Contractor.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor 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 Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees or agents, except as set forth in this Agreement.
Contractor 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. Contractor 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. Contractor 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. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor 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 Contractor shall be subject to the approval of City.
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
380
Title: Citywide On-Call Facility and Park Repair Services 6 3.2.4 City’s Representative. The City hereby designates Thomas E. Wheeler, Director of Public Works, 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 Contractor but not the authority to enlarge the Scope of Work or change the total compensation due to Contractor under this Agreement. The City’s 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 Contractor’s total compensation, subject to the provisions contained in Section 3.3 of this Agreement. Contractor shall not accept direction or orders from any person other than the City Manager, City’s Representative or his/her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Mike Schmidt, Vice President, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his 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.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, Contractors and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the discipline necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors 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, Contractor 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 Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors 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 Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
381
Title: Citywide On-Call Facility and Park Repair Services 7 regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents 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.
3.2.9 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor 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 as 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 subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space 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 safety measures.
3.2.10 Labor
3.2.10.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since 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, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor 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 Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.2.10.2 Registration. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code sections 1725.5 and 1771.1, Contractor and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. 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. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
382
Title: Citywide On-Call Facility and Park Repair Services 8 3.2.10.3 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 Contractor shall therefore comply with such Labor Code sections to the fullest extent required by law.
3.2.11 Insurance. Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Exhibit “D” attached hereto and by this reference incorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.
3.2.12 Bonds.
3.2.12.1 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to- exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.13 Water Quality Management and Compliance.
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
383
Title: Citywide On-Call Facility and Park Repair Services 9 3.2.13.1 Storm Water Management. Storm, surface, ground, nuisance, or other waters may be encountered at various times during the Services. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
3.2.13.2 Compliance with Water Quality Laws, Ordinances and Regulations. Contractor 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, without limitation, all applicable provisions of the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.
3.2.13.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations listed in paragraph 3.2.13.2, Contractor must comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”) and the City of Lake Forest Local Implementation Plan (“LIP”). Both documents contain Model Maintenance Procedures with Best Management Practices (“BMPs”). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, stormwater runoff, and receiving water quality. Contractor shall be familiar the DAMP, and the LIP and shall comply with the requirements as specified therein.
A copy of the DAMP is available on the internet at:
http://www.ocwatersheds.com/documents/damp/mapplan
A copy of the LIP is available on the internet at:
http://www.lakeforestca.gov/296/Local-Implementation-Plan-LIP
3.2.13.4 Standard of Care. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement as they may relate to the Services.
3.2.13.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, standards and ordinances listed in Sections 3.2.13.2, 3.2.13.3, and 3.2.13.4 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
384
Title: Citywide On-Call Facility and Park Repair Services 10 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 in Sections 3.2.13.2, 3.2.13.3, and 3.2.13.4 of this Agreement 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 Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Contractor for delay in completing the Services caused by Contractor’s failure to comply with the laws, regulations, policies and standards described in Sections 3.2.13.2, 3.2.13.3 and 3.2.13.4 of this Agreement, or any other relevant water quality law, regulation, or policy.
3.3. Fees and Payments.
3.3.1 Compensation. Contractor 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 FOUR HUNDRED EIGHTY-FOUR THOUSAND TWO HUNDRED DOLLARS ($484,200.00) without written approval of City’s City Council. 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. Contractor shall submit to City a monthly itemized invoice which indicates work completed and hours of Services rendered by Contractor. 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 Contractor’s fees, the City shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor 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. Contractor 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.”
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
385
Title: Citywide On-Call Facility and Park Repair Services 11 3.4. Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor 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. Contractor 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.
3.5. General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.1 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.
3.5.2 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:
Contractor: Jamey Clark Inc.
23151 Alcalde Dr. Suite B4
Laguna Hills, CA 92653
ATTN: Mike Schmidt, Vice President
City: City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
ATTN: City Clerk
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.
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
386
Title: Citywide On-Call Facility and Park Repair Services 12 3.5.3 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.
3.5.4 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.
3.5.5 State License Board Notice. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
3.5.6 Indemnification. To the fullest extent allowable by law, Contractor shall defend, 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, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
3.5.7 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.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
387
Title: Citywide On-Call Facility and Park Repair Services 13 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer. Contractor 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, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 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 Contractor include all personnel, employees, agents, and subcontractors of Contractor, 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.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 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.
3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 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.
3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, 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.
3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, 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. Contractor shall also DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
388
Title: Citywide On-Call Facility and Park Repair Services 14 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.
3.5.20 Labor Certification. By its signature hereunder, Contractor 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.
3.5.21 Authority to Enter Agreement. Contractor 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.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6. Subcontracting.
3.6.1 Prior Approval Required. Contractor 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.
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
389
Title: Citywide On-Call Facility and Park Repair Services 15 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST Jamey Clark Inc.
By: [AUTHORIZED CITY SIGNATURE]
Mark Tettemer
Mayor
By: [VENDOR SIGNATURE 1]
James L. Clark
President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By: [CITY CLERK SIGNATURE]
Lisa Berglund
City Clerk
By: [VENDOR SIGNATURE 2]
James L. Clark
Secretary (Corporation or LLC)
APPROVED AS TO FORM:
By: [CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
390
Title: Citywide On-Call Facility and Park Repair Services 16 5. EXHIBIT "A" SCOPE OF MAINTENANCE SERVICES
5.1. EXHIBIT "A" SCOPE OF MAINTENANCE SERVICES
DEFINITIONS
Whenever the following terms are used in this agreement, they shall have the following meaning:
A. “Athletic and Physical Development Equipment” - Shall include, but not be limited to, all physical fitness courses, tennis court equipment, volleyball court equipment, basketball court equipment, and exercise equipment.
B. “BID ITEM” – Individual items of work in the Contractor’s proposal at an agreed Unit Price for the specified Item of Work.
C. “CITY” - The City of Lake Forest.
D. “City Manager” - The fully appointed City Manager of the City or his/her authorized representative.
E. “contractor” - The managing individual of the contracting entity or his/her authorized employees or representatives.
F. “Major Maintenance and Repair Work” - Is defined as repairs and maintenance work amounting to more than $500.
G. “Minor Maintenance and Repair Work” - Is defined as repairs and maintenance work amounting to less than $500.
H. “Park Equipment” - Shall include, but not be limited to, all park benches, litter containers, and litter container holders, tot lot benches, picnic tables, barbecues, bike racks.
A. “Periodic Inspection” – Routinely scheduled or randomly noticed inspection or audit conducted by City.
B. “Play Equipment” - Shall include, but not be limited to, all slides, climbers, rocking and bouncing equipment, whirls, swings, play structures.
C. “PUBLIC WORKS Director” - The official designated as the Public Works Director of City, or any of his/her authorized representatives.
L. “PUBLIC WORKS MANAGER” – The Public Works Director’s designee for administering the Contractor’s work under this agreement, or any of his/her authorized representatives.
1.00 STANDARDS OF WORK and contractor responsibility
1.01 Contractor shall provide all labor, materials, tools and equipment necessary to provide on -call maintenance and repairs services on all City -owned Facilities, equipment, parks, and playgrounds including an optional annual safety inspection for all City parks as listed under Section 2. All work shall be completed on a time and materials basis.
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
391
Title: Citywide On-Call Facility and Park Repair Services 17 1.02 The work required for on -call maintenance and repair services will be primarily determined from requests for services and/or inspectio ns generated daily, weekly, and monthly from City inspectors, inspection contractors, and public property and facility users. The Contactor shall provide City staff with contact information during and after hours for the use of service requests.
1.03 Additionally, the contractor will take the initiative to find out and report the condition of equipment, site amenities, and the condition of City property, in general, while performing maintenance to ensure complete safety for use by the public.
1.04 Upon notification by the City, work shall proceed immediately. Where warning devices or caution tape have been installed around potential hazards or areas where work is to be performed upon notification by the City, the Contractor shall immediately proceed. If materials are delayed or other delays occur, the Contractor shall be responsible for daily checking and maintaining adequate warning devices, caution tape, etc., around all potential hazards to adequately warn the public. Warning devices are to remain in place while work is proceeding and until the potential hazards are eliminated.
1.05 The objective of the required service is to have available at the project sites the tools and knowledge necessary to make safety repairs or mitigate a potentially hazardous condition as soon as it is observed by the Contractor or when reported City staff.
1.06 All unauthorized work will be at no expense to the City and solely the Contractor's responsibility. All work conducted under this contract shall be compensated on a time and materials basis.
1.07 All materials and supplies shall be new, high quality, free of defects, designed for their intended use and shall be subject to the Public Works Manager or designee’s approval prior to use or installation. Replacement parts and materials should be from the same manufacturer as the part being replaced and must be listed and approved by the Consumer Products Safety Commission and/or Underwriters' Laboratories (UL). Any deviation in replacing of original equipment unless otherwise authorized will result in a performance deficiency deduction. In addition, the Contractor is responsible for all liabilities resulting in utilizing unauthorized materials. Material markups shall not exceed ten (10) percent.
1.08 When proceeding to accomplish authorized maintenance, follow the directions and events listed below:
A. Before terminating any work being performed, Contractor shall perform a thorough clean up and remove any debris generated. A final inspection must be performed by the Contractor to insure that all necessary work is complete before leaving the park/facility.
B. Acceptance of work by the City for payment will occur when bills are received and approved. Warranty period will continue for a period of one (1) year from the date of acceptance by the City.
C. Error! Filename not specified. Failure to comply with conditions, specifications, schedules, and directives from the Public Works Manager or designee will result in a performance deficiency deduction.
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
392
Title: Citywide On-Call Facility and Park Repair Services 18 D. All unsatisfactory work believed to be complete by the Contractor and submitted for billing shall be set aside and considered incomplete until work is performed again to the satisfaction of the City. Removals and rework shall be completed immediately by the Contractor and shall be at no additional expense to the City.
E. Work left idle, incomplete, or not commencing immediately upon notification to the Contractor to proceed shall be subject to a performance deficiency deduction for failure to protect the public.
F. The objective of the required service is to have available on the project sites the tools and knowledge needed to make repairs or mitigate a potentially hazardous condition as soon as it is observed.
G. Physical repairs will be conducted by personnel trained in park and facilities risk management as promoted and specified through the California Parks and Recreation Society.
2.00 Locations of Work
2.01 Location of work includes all City -owned facilities and parks within the City of Lake Forest. This will require the contractor to work in the public right-of-way. Due to the sensitive nature of the working environment, contractor shall protect the public at all times. Proper safety practices as well as approved traffic control (e.g., WATCH Manual) will be strictly enforced. Failure to provide a safe work environment or approved traffic control may result in a performance deficiency deduction.
2.01.1 Facilities Inventory
City Hall Administrative Offices | Community Policing Building 52,000 sf, Two Floors
Large areas of Open Office (approximately 4,000 sf per floor) for about 30 employees Mix of Private Offices
Small POs are 150 sf. Medium are 245 sf. Large are 400 sf. Mix of reconfigurable Conference Room sizes
Council Chambers | Performing Arts Building
14,000 sf
200 Seats
Senior Center Building
17,000 sf, One Floor
Catering Kitchen
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
393
Title: Citywide On-Call Facility and Park Repair Services 19 Community Center Building
18,000 sf, One Floor
A few small offices
Medium reconfigurable Conference Rooms
Banquet Rooms-folding tables, chairs, etc.
Exterior dining and lounge areas
2 Story Parking Garage
109,340 sq. ft. / 308 parking spaces
21 electric vehicle charging stations 12 stations on first level and 9 stations on second level
2.01.2 Parks Landscape Inventory
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
394
Title: Citywide On-Call Facility and Park Repair Services 20 2.01.3 Median, PARKWAY, and SLOPE Landscape Inventory
3.00 Annual Park Playground Safety Inspection
3.01 The annual park and playground safety inspection shall be scheduled at the discretion of the City. Maintenance personnel shall be CPSI certified and have a complete and thorough understanding of the National Safety Standards for Parks and Recreation Facilities as specified by the Department of Consumer Affairs, the Consumer Products Safety Commission Guidelines for Playground, Parkland Safety as well as A.S.T.M. 1487.
The work shall consist of performing annual playground, athletic and physical development equipment safety inspections to ensure compliance with all current and new ASTM and CPSC standards, safety codes, and regul ations. In addition, the Contractor shall provide minor maintenance and repair to playground, athletic and physical development equipment to ensure equipment is in a safe, and usable condition at all times.
The work shall also consist of performing annual general park safety inspections to ensure that all park furnishings, fencing, amenities and signage are kept in a safe and usable condition.
A. Performance:
1. All City parks shall be inspected on a biannual basis with inspections commencing at the direction of the City.General - Inspection: All park equipment, play equipment and athletic and physical development equipment shall be inspected and maintained/repaired in accordance with the following criteria:
B. All equipment shall be inspected t o identify deficiencies in the overall stability, rigidity and proper ground anchoring of all equipment.
1. All nuts and bolts, lag screws, metal bands, brackets, set screws, fasteners, welded joints and other miscellaneous hardware parts shall be inspected for serviceability and tightened at the time of inspection, repaired or replaced if loose, worn and/or damaged.
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
395
Title: Citywide On-Call Facility and Park Repair Services 21 2. All protruding nuts and bolts, lag screws, etc., shall be capped with an approved safety cap, countersunk, filed or sanded flush to prevent injury.
3. All bent, broken, missing or severely worn pipe on all structures and equipment shall be repaired or replaced. Equipment shall be taken out of service if repairs cannot be made promptly.
4. All sharp edges and/or burrs on all metal and plastic parts and accessories shall be sanded, mechanically ground or filed to provide a smooth surface. All metal surfaces sanded, ground or filed, shall be painted first with a rust inhibiting primer then a finish coat shall be applied to match the existing color coating where applicable.
5. All moving parts to include but not be limited to swing hangers, S-hooks, bearings, ball and socket joints, etc., shall be inspected for erosion or wear and shall be replaced when the wear is affecting the safe operation of the equ ipment. If any moving parts are found to be damaged and affecting the safe operation of the equipment, the affected equipment shall be taken out of service and the Public Works Supervisor must be notified the same day.
6. All grease fittings (zerk fittings) shall be cleaned and parts serviced by these fittings shall be lubricated at each inspection. Contractor shall replace all clogged grease fittings. Moving parts without grease fittings shall be lubricated, if practicable, to be determined by the Public Works Supervisor.
7. All chains on all chain -constructed equipment and ladders and on chain -suspended equipment shall be inspected for wear, wearing away and erosion and replaced by Contractor when necessary or when directed by the Public Works Supervisor.
8. All surface rust on all metallic surfaces shall be removed and the cleaned area treated with a rust inhibiting primer and a finish coat applied to match the existing color coat where applicable. Galvanized surfaces shall be painted with galvaloy or equiva lent product approved by the City. Barbecues shall be painted with a heat resistant paint tolerant from 1000 - 2000 F. All severely rusted metallic parts shall be replaced.
9. All wooden structures and/or equipment shall be inspected for potential vandalism or other damage such as cracking, checking, dry rot, splintering, graffiti, termite damage, shaking, etc., and shall be repaired/ replaced/repainted when necessary or when required by the Public Works Supervisor. Any equipment presenting a safety hazard shall be taken out of service immediately and the Public Works Supervisor shall be notified the same day.
10. All wood structures requiring repair or replacement shall constructed using treated lumber.
11. Inspect and measure woodchip levels.
C. Play Equipment - Inspection/Maintenance: The following items of work shall be performed in addition to the General - Inspection/Maintenance requirements at each scheduled quarterly inspection.
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
396
Title: Citywide On-Call Facility and Park Repair Services 22 1. Swings:
a. The Contractor shall ensure that all S-hooks are closed tightly on all swing assemblies.
b. The Contractor shall ensure that all S -hooks are not worn past 40% material loss. Should a hook exceed 40% material loss, remove the swing from service and notify the Public Works Supervisor immediately.
c. All partially slashed, damaged or severely weathered swing seats shall be replaced or taken out of service immediately. Replacement seats shall be slash-proof.
d. The Contractor shall ensure that all safety straps/bars and chains on all infant swing seats are present and operational. Missing and/or damaged safety straps/bars shall be repaired/ replaced. If missing or damaged, remove from service and contact the City immediately.
2. Rocking/Bouncing Equipment:
a. All broken, cracked and/or fatigued springs shall be replaced or taken out of service immediately or when directed by the City.
b. All broken, brittle and/or cracked plastic seats and parts shall be repaired, replaced or taken out of service immediately.
3. Slides:
a. The Contractor shall ensure the bedway exits of all slides are parallel to the ground.
b. All bedways, bedrails, handrails and ladders shall be examined for foreign objects, holes, separation at joints and/or cracks and repaired/replaced when necessary or when directed by the City.
D. Athletic and Physical Development Equipment –Inspection / Maintenance:
1. Physical Fitness Courses:
a. All signs on all physical fitness courses shall be maintained in accordance with the following criteria:
1. All signs shall be clearly legible and free of graffiti.
2. All activity description signs shall correspond to the intended use of the exercise equipment at each location.
3. Damaged or missing signs shall be repaired/replaced when necessary or when directed by the City.
2. Tennis Court Equipment:
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
397
Title: Citywide On-Call Facility and Park Repair Services 23 a. All severely worn and/or damaged nets shall be replaced when necessary or when directed by the City. Any net posing a safety hazard shall be taken out of service immediately and the City shall be notified the same day. Replacement nets shall meet the following criteria:
1) Headband - Shall consist of 46 oz. vinyl coated polyester fabric with a sun-protecting urethane coating and shall be quadruple stitch ed with polyester or dacron thread or approved equal.
2) Net Body - Shall consist of a minimum of 3 millimeter (3mm) black, braided, polyethylene cord treated to resist sun, water, scuff and abrasion. Cord shall have a minimum breaking strength of 285 lbs. Net shall include heavy duty side tapes with sleeves for sidesticks (sidesticks shall be included). Net base shall have extra heavy bottom tape.
3) Cable - Shall consist of a minimum of 3/16 inch or 5 mm diameter galvanized steel cable with a polyvinyl coating resistant to ultraviolet deterioration. Cable shall be guaranteed to withstand 3600 lbs. tension.
b. All center net straps shall be replaced upon inspection if damaged or missing, where applicable.
c. All damaged or missing net post reels shall be repaired/replaced when necessary or when required by the Public Works Superintendent.
3. Volleyball Court Equipment:
A. All missing volleyball net posts shall be replaced when directed by the City.
B. All missing and/or damaged volleyball nets shall be replaced when directed by the City.
4. Basketball Court Equipment:
a. All nylon basketball goal nets shall be replaced if torn. The use of metal nets is prohibited.
b. All replacement nets shall be made of nylon, hourglass shape and size shall be appropriate to fit basketball rim.
c. All basketball rims shall be inspected to ensure that all net holders are preset (if applicable). All basketball rims shall be replaced if net holders and/or rims are missing, cracked, severely rusted and/or worn to a point where breakage is imminent.
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
398
Title: Citywide On-Call Facility and Park Repair Services 24 d. All basketball backboards shall be inspected for cracking, dry rot, brittleness, etc. and all structurally deficient or broken backboards shall be taken out of service or removed immediately.
3.02 Impact Attenuation Testing:
At Serrano Creek Park, Pittsford Park, El Toro Park, Lake Forest Park, Cherry Park, Mountain View Park, Darrin Park, Peachwood Park, Rimgate Park, Pebble Creek Park, Borrego Overlook Park, Baker Ranch Park, Vintage Park, and the Sports Park. Contractor will perform Impact Attenuation Testing on the fall zones that have poured in place (PIP) rubber as the impact attenuation safety surfacing.
Impact Attenuation Testing is necessary to ensure compliance with ASTM 1292, ASTM 1951, ASTM 2223, ASTM 1487 Standards and The CPSC Handbook #325. The Impact Attenuation Field Test shall be performed by a NPSI Certified Playground Safety Inspector, Certified to administer the Triax 2010 drop test. The Field Test(s) shall include a printed report of the Impact Test(s) findings, printed photographs of the Field Test(s), the conditions at the time of the Field Test(s) and one (1) hour consultation time. A Certification shall be issued for each playground in complete compliance with ASTM F -1292-09 and ASTM F-2223-10
4.00 ENFORCEMENT, DEDUCTIONS AND LIQUIDATED DAMAGES
4.01 The Public Works Manager shall be responsible for the enforcement of this Contract on behalf of City. In addition to deductions stipulated in other sections of this agreement, the Public Works Manager may enforce deductions in accordance with this Section.
4.02 If, in the judgment of the Public Wor ks Manager, the Contractor is deemed non -compliant with the terms and obligations of the Contract, the Public Works Manager, may, in addition to other remedies provided herein, deduct up to pro-rata from the Contractor's invoice for work not performed, and/or deduct liquidated damages. Notification of the amount to be withheld or deducted from payments to Contractor will be forwarded to the Contractor by the Public Works Manager in a written notice describing the reasons for said action. The written notice shall provide the Public Works Manager’s reason for any deductions so imposed. Work will be considered not to have been performed when any of the following but not limited to conditions exists:
The work tasks in an area were not performed in strict accordance with the performance standards. Work tasks were not performed in their entirety.
The specified equipment, tools, and chemicals were not used or were not in good operating condition. The tasks were not performed within the scheduled work shift or within the specified timeframe.
The monthly inspection rating system report shall constitute reason for any deductions so imposed. In the event of non-performance of work by the Contractor, the Public Works Manager will have the right to exercise one of the following options:
The Contractor shall, within two (2) hours, correct such non-performance upon notification by the City and the City shall make no deductions for that non-performance.
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
399
Title: Citywide On-Call Facility and Park Repair Services 25 The City shall correct the non -performance by using another Contra ctor, or by other means it deems necessary and reasonable. Direct costs incurred by the City for the performance of such work shall be deducted from payments made to the Contractor. The City shall allow the non-performance to remain uncorrected and shall make a deduction from payments to the Contractor in accordance with the following paragraphs in the section:
4.04 In addition to the inspection rating system deductions, non-performance deductions will be applied to any situation that inhibits perform ance of the Contract. Deductions include, but are not limited to, non-compliance with a Scope of Work, Specifications, and/or Special Conditions requirement of this Contract that results in failure to perform.
4.05 The Public Works Manager or designee shall prepare and implement an inspection rating system to be used to verify monthly payments and deductions from payments (see sample rating system as Appendix A). This form and system may be modified at the discretion of the Public Works Manager. The Contractor agrees to be evaluated by said system and bound by the ratings and/or deductions from payments indicated in the monthly inspection rating system report. To avoid deductions from payment, Contractor must receive a rating of 95 or higher per facility as described in Section 2.01.
4.06 Failure of the Public Works Manager or designee during the process of the Agreement to discover or reject unacceptable work, or work not in accordance with the Agreement, shall not be deemed an acceptance thereof nor a waiver of the City’s right to a proper execution of the Agreement or any part of it by the Contractor.
4.07 The action above shall not be construed as a penalty but as adjustment of payment to Contractor to recover cost or loss due to the failure of the Contractor to complete or comply with the provisions of this Contract.
5.00 INSPECTIONS, MEETINGS, & REPORTS
5.01 City reserves the right to perform inspections, including inspection of Contractor’s equipment, at any time for the purpose of verifying Contractor’s performance of Contract requirements, identifying deficiencies, and access deductions as necessary.
5.02 The Contractor or his/her authorized representative shall meet with the City on each site at the discretion and convenience of the City, for walk-through inspections at no additional costs to the City.
5.03 At the request of the City, the Contractor, or his/her appropriate representative, shall attend meetings and/or training sessions, as determined by the Pub lic Works Manager, for purposes of orientation, information sharing, Contract revision, description of City policies, procedures, standards, and the like at no additional costs to the City.
5.04 Contractor shall provide to the City such written docume ntation and/or regular reports, as the City deems necessary to verify and review Contractor’s performance under this Contract and to provide to the City pertinent information relative to the maintenance, operation, and safety of the City’s DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
400
Title: Citywide On-Call Facility and Park Repair Services 26 property. All reports, logs, tools, etc. shall be maintained and submitted in a City approved electronic format at no additional costs to the City.
5.05 At the request of the City, the Contractor shall utilize certain asset management and work order software to be specified at a later date, and Contractor shall provide sufficient electronic smartphones, tablets, and/or computer systems necessary for Contractor's personnel to complete assignments utilizing such software.
6.00 COMMUNICATIONS AND EMERGENCY RESPONSE
6.01 The Contractor shall, during the term of this Contract, maintain two seven (7) days per week twenty - four (24) hour emergency telephone numbers , toll free to a South Orange County region area code. For hours beyond a normal 8:00am to 6:00pm business day, an answering service shall be considered an acceptable substitute.
6.02 All requests for emergency services shall require a qualified technician to be dispatched to the required location as soon as possible after notification; but in all cases within two (2) hours, to the satisfaction of the City. If any emergency service request is not responded to in two (2) hours, the City shall be notified immediately of the reason for not meeting the required response time followed by a written report to the City within two (2) working days.
6.03 Whenever immediate action is required to prevent possible injury, death, or property damage, City may, after reasonable attempt to notify the Contractor, cause such action to be taken by alternate work forces. As determined by the City, charge the cost thereof to the Contractor, or deduct such cost from any amount due to the Contractor. This deduction shall include a markup for administrative costs equal to fifteen (15) percent of the actual costs incurred.
6.04 The Contractor shall maintain a written log of all communications, the date and the time thereof and the action taken pursuant thereto or the reason for non -action. Said log of communications shall be open to the inspection of the City at all reasonable times.
7.00 SAFETY
7.01 The Contractor shall provide safe access and egress for City of Lake Forest employees or members of the public while work is in progress at City facilities. The Contractor agrees to be responsible for providing and installing any safety or cautionary equipment necessary to prevent unauthorized access to work areas including common public areas.
7.02 For duties within the public right-of-way, the Contractor shall submit traffic control plans for the City’s review and approval. Once approved the Contractor shall provide and install traffic control per the approved plans. Failure to install per the approved plans can result in a stop work notice and may result in deductions.
8.00 CONTRACTOR’S STAFF AND TRAINING
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
401
Title: Citywide On-Call Facility and Park Repair Services 27 8.01 The Contractor’s staff will be required to work in a semi -autonomous manner. The Contractor’s staff will be required to interact in a businesslike and professional manner with City staff and members of the public.
8.02 Each crew of C ontractor's employees shall include at least one individual who speaks the English language proficiently. For the purposes of this section, a crew is understood to be any individual worker or group of workers who might service any site without other Contr actor's supervisory personnel present.
8.03 The City may at any time give Contractor written notice to the effect that the conduct or action of a designated employee of Contractor is, in the reasonable belief of the City, detrimental to the interest of City staff, its Contractors, the public patronizing the premises. Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter. Contractor shall take reasonable measures under the circu mstances to assure the City that the conduct and activities of Contractor’s employees will not be detrimental to the interest of City staff, its contractors & vendors and, the public patronizing the premises.
8.04 The City may at any time order any of the Contractor’s personnel removed from the premises when, in the reasonable belief of the City, said Contractor’s personnel is objectionable, unruly, unsafe, or otherwise detrimental to the interest of the City or the public patronizing the premises
8.05 The Contractor shall require each of his personnel to adhere to basic public works standards of working attire including uniform shirts and/or vests clearly marked with the Contractor’s company name and employee name badges as approved by the City. Sufficient changes shall be provided to present a neat and clean appearance of the Contractor's personnel at all times. Shirts shall be worn and buttoned at all times. Contractor’s personnel shall be equipped with proper shoes and other gear required by State Safety Regulations. Each vehicle shall be clearly marked with the Contractor’s company name.
9.00 NON-INTERFERENCE - NOISE
9.01 Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed.
9.02 In the event that the Contractor’s operations must be performed when persons of the public are present, Contractor shall courteously inform said persons of any operations that might affect them and, if appropriate, request persons to move out of the work area.
10.00 PROFESSIONAL ADVICE / SPECIAL PROJECTS
10.01 The Contractor shall serve as a professional liaison for the City in the area of facility and park maintenance. The Contractor shall provide professional advice in conjunction with other professional organizations in coordinating projects, energy efficient projects, and/or other special projects. No extra payment will be made for these services.
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
402
Title: Citywide On-Call Facility and Park Repair Services 28 DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
403
Title: Citywide On-Call Facility and Park Repair Services 29 6. EXHIBIT "B" - SCHEDULE OF SERVICES
6.1. EXHIBIT "B" - SCHEDULE OF SERVICES
SCHEDULING:
1. Contractor will coordinate and schedule all repairs & replacements and the annual park inspection with the City’s Public Works Manager or designee in advance. Contractor will notify the City of any changes in those schedules.
2. The CONTRACTOR shall submit a quarterly inspection schedule within two (2) w eeks after the contract award. Schedule shall be submitted to the Public Works Supervisor and shall include the following information:
a. Park Name
b. Date of Inspection
3. Changes to the schedule shall be received by the Public Works Supervisor a minimum of 24 hours prior to the scheduled time for the inspection. No changes to the schedule shall be implemented without prior approval.
4. Failure to submit the annual inspection schedule and subsequent changes to the schedule a minimum of two weeks prior to performing the inspection shall result in a performance deficiency deduction.
5. Failure to perform the work on the day scheduled shall result in a performance deficiency deduction.
HOURS AND DAYS OF SERVICES:
4.01 The acceptable daily hours of services shall be Monday -Friday 8:00 am to 5:00 pm, which shall be considered normal work hours as may pertain to any other provision of the Contract. After hours are defined as anytime outside the acceptable normal daily hours of services.
4.02 Emergency hours are defined as an unexpected and sudden event that must be dealt with urgently in order to provide continuous service.
4.03 Holiday hours are defined as any scheduled work to be performed on the following holidays:
New Year’s Day Columbus Day Martin Luther King Jr Day Veteran’s Day President’s Day Thanksgiving Day Memorial Day Thanksgiving Friday Independence Day Christmas Day Labor Day
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
404
Title: Citywide On-Call Facility and Park Repair Services 30 4.04 Contractor shall provide staffing to perform the required services during the prescribed hours as specified in these Contract documents. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the Public Works Manager.
4.05 Contractor shall be available on an on -call basis for emergency calls regarding maintenance issues. Contractor shall provide the City with emergency on -call contact numbers. Contractor will provide the City with prior notification of an alternate contact should Contractor be unavailable at any time.
Non-emergency: The Contractor, when notified, shall respond within forty-eight (48) hours for non-emergency service.
Emergency: On occasion, through accidents, vandalism, or Acts of God, an emergency condition may exist which required immediate service. The Contractor, when notified of an emergency, shall respond on-site within two (2) hours and shall be prepared.
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
405
Title: Citywide On-Call Facility and Park Repair Services 31 7. EXHIBIT "C" - COMPENSATION
7.1. EXHIBIT "C" - COMPENSATION
Contractor shall be paid for services in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Services and the not to exceed fee of FOUR HUNDRED EIGHTY-FOUR THOUSAND TWO HUNDRED DOLLARS ($484,200.00) billed on a time and materials basis utilizing the following rates.
Item
No. Description Quantity Unit Price
3 Year Total
(Contract Term)
1 Cost of parts and materials 3 $11,000.00 $33,000.00
2 Cost of Authorized
Equipment Rental
3 $1,000.00 $3,000.00
3 Cost of labor for
maintenance, and repairs,
(Monday-Friday, 8:00 AM -
5:00 PM)
2400 $90.00 per hour $216,000.00
4 Cost of Emergency, Holiday
or "after hours" labor for
maintenance and repairs
360 $135.00 per hour $48,600.00
3 YEAR TOTAL LABOR
& EQUIPMENT: $300,600.00
Payment for the annual inspections are set at the rates set forth below:
Location Quantity Unit Price
3 Year Total
(Contract Term)
1. Alton Park 6 $450.00 $2,700.00
1 playground
1 gazebo
1 half-court basketball
2. Baker Ranch Community Park 6 $550.00 $3,300.00
1 playground
1 restroom building
3. Borrego Park 6 $425.00 $2,550.00
1 playground
1 outdoor exercise area
1 half-basketball court
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
406
Title: Citywide On-Call Facility and Park Repair Services 32 1 restroom building
4. Borrego Overlook Park 6 $425.00 $2,550.00
1 playground
1 gazebo
5. Cavanaugh Mini Park 6 $425.00 $2,550.00
1 playground
1 half-basketball court
6. Cherry Park 6 $550.00 $3,300.00
1 playground
1 gazebo
1 half-court basketball
7. Concourse Park 6 $550.00 $3,300.00
2 playgrounds
1 restroom building
1 outdoor exercise area
2 gazebos
1 half-court basketball
8. Darrin Park 6 $425.00 $2,550.00
1 playground
1 half-court basketball
9. El Toro Park 6 $500.00 $3,000.00
1 playground
1 restroom building
2 lighted tennis courts
1 volleyball court
1 outdoor exercise area
10. Etnies Skate Park 6 $500.00 $3,000.00
1 restroom building
various skate features
11. Foothill Ranch Community Park 6 $550.00 $3,300.00
1 playground
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
407
Title: Citywide On-Call Facility and Park Repair Services 33 2 tennis courts
2 roller hockey courts
1 full basketball court
2 volleyball courts
2 baseball fields
1 restroom building
12. Heroes Park 6 $500.00 $3,000.00
4 baseball fields
1 outdoor exercise area
1 restroom and snack bar building
13. Lake Forest Park 6 $425.00 $2,550.00
1 playground
14. Lake Forest Sports Park 6 $1,200.00 $7,200.00
2 playgrounds
2 full basketball courts
2 soccer fields
2 gazebos
2 tennis courts
4 baseball fields
2 restroom buildings
15. Montbury Park 6 $425.00 $2,550.00
16. Mountain View Park 6 $750.00 $4,500.00
2 playgrounds
2 handball courts
2 volleyball courts
1 gazebo
1 half-court basketball
1 full basketball court
2 lighted tennis courts
17. Nature Park 6 $425.00 $2,550.00
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
408
Title: Citywide On-Call Facility and Park Repair Services 34 1 gazebo
18. Peachwood Park 6 $425.00 $2,550.00
1 playground
1 arbor structure
19. Pebble Creek Park 6 $425.00 $2,550.00
1 playground
20. Pittsford Park 6 $550.00 $3,300.00
2 playgrounds
2 tennis courts
1 outdoor exercise area
1 gazebo
1 restroom building
21. Portola Park 6 $550.00 $3,300.00
3 lighted pickleball courts
1 gazebo
3 dog play enclosures
1 restroom building
1 volleyball court
22. Rancho Serrano Park 6 $500.00 $3,000.00
23. Ranchwood Park 6 $425.00 $2,550.00
1 half-court basketball
1 playgournd
24. Regencey Park 6 $425.00 $2,550.00
25. Rimgate Park 6 $500.00 $3,000.00
3 playgrounds
1 gazebo
2 full basketball courts
1 tennis court
26. Serrano Creek Park 6 $550.00 $3,300.00
1 playground
1 outdoor exercise area
1 gazebo
1 restroom building
27. Sundowner's Park 6 $425.00 $2,550.00
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
409
Title: Citywide On-Call Facility and Park Repair Services 35 28. Tamarisk Park 6 $500.00 $3,000.00
1 playground
1 full basketball court
1 baseball field
29. Veteran’s Park 6 $450.00 $2,700.00
30. Vintage Park 6 $450.00 $2,700.00
1 half-court basketball
1 full basketball court
1 playground
31. Impact Attenuation Testing 6 $15,350.00 $92,100.00
Serrano Creek Park | Pittsford Park | El Toro Park | Lake Forest Park | Cherry Park | Mountain View Park | Darrin Park | Peachwood Park | Rimgate Park | Pebble Creek Park | Borrego Overlook Park | Baker Ranch Park | Vintage Park | Lake Forest Sports Park
3 YEAR TOTAL INSPECTIONS:
$183,600.00
YEAR 1 TOTAL: $161,400.00
YEAR 2 TOTAL: $161,400.00
YEAR 3 TOTAL: $161,400.00
TOTAL CONTRACT AMOUNT: $484,200.00
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-Long Beach-Anaheim.
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
410
Title: Citywide On-Call Facility and Park Repair Services 36 8. EXHIBIT "D" - INSURANCE REQUIREMENTS
8.1. EXHIBIT "D" - INSURANCE REQUIREMENTS
1.1.1 Time for Compliance. Contractor 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, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.
1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor 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 not 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.
1.1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(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. For all policies of Commercial General Liability insurance, Contractor 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.
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
411
Title: Citywide On-Call Facility and Park Repair Services 37 Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. (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:
(1) 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. (C) Workers’ Compensation:
(1) 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. (2) 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.
1.1.4 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.
1.1.5 Waiver of Subrogation. All required policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor 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 subcontractors.
1.1.6 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.
1.1.7 Evidence of Insurance. The Contractor, 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 authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
412
Title: Citywide On-Call Facility and Park Repair Services 38 be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
1.1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Contract 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 Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
1.1.9 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.
1.1.10 Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposed no additional obligation on the City nor does it waive any rights hereunder.
1.1.11 Requirements Not Limiting. Requirement of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
1.1.12 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor’s policies, or the Contractor shall be responsible for causing subcontractors 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 subcontractor’s policies. All policies of Commercial General Liability insurance provided by Contractor’s subcontractors 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. Contractor shall not allow any subcontractor to commence work until it has received satisfactory evidence of subcontractor’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.
DocuSign Envelope ID: EECDD693-CC47-4497-BC70-A12009DEBC62 Item: 9
413
Attachment 2
Item: 9
414
Contact #1: Contact #2: Contact #4:
Agency: City of Mission Viejo City of Laguna Hills City of Laguna Niguel Contact Info: Jerry Hill Ryan Hanley Scott Frame
(949) 795-8405 (949) 795-1537 (949) 795-1537
QUESTIONS RESPONSE RESPONSE RESPONSE
1. What were the services
performed? MPS MPS & Parks Park/Sports Parks
2. How would you rate the quality
of work? Good Very good Very good
3. Did the firm meet all
deadlines? (Yes/No) Yes Yes Yes
4. Was day-to-day
communication with the firm
satisfactory? (Yes/No)
Yes Yes Yes
5. Were there any issues with
the firm? (Yes/No) (No, please
explain.)
No No No
6. Do you have any additional
comments or information
regarding your experience with
the firm?
Quality of work very good.
Staff communicates well
and assists with all
necessary requests.
None
DATE: 06/04/2024
CITY OF LAKE FOREST
DEPARTMENT OF PUBLIC WORKS
Citywide Facility Maintenance Services
JAMEY CLARK, INC. REFERENCE CHECK
Item: 9
415
CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/21/2024
DEPARTMENT: City Manager
SUBJECT:
RECOGNITION OF ASSOCIATION OF CALIFORNIA CITIES-ORANGE
COUNTY (“ACC-OC”) GOLDEN HUB OF INNOVATION AWARD AND
CONSIDERATION OF EIGHTH FUNDING PHASE FOR THE CITY’S SHOP & DINE COMMUNITY GIFT CARD PROGRAM WITH YIFTEE, INC.
RECOMMENDED ACTION(S):
1. Receive and file the presentation for Recognition of the Association of California Cities – Orange County Hub of Innovation Award.
2. Authorize the City Manager to enter into the attached 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.
3. 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.
EXECUTIVE SUMMARY:
On October 4, 2022, the City formally authorized the Shop & Dine Community Gift Card Program (“CGCP”). The CGCP is the first major program funded in response to City Council’s approval of the Strategic Economic Investment Project (“SEIP”). The SEIP established a budget for economic development programs to help local businesses recover from the COVID-19 pandemic. On April 23, 2024, staff submitted a nomination form to ACC-OC’s Golden Hub of Innovation Award in the Collaborative Community Development & Innovation category (Attachment 1). The City was an award winner in this category for its SEIP program. To recognize this achievement, staff has prepared a presentation for the City Council commemorating the receipt of the ACC-OC Hub of Innovation Award (“Award”).
The CGCP provides residents and visitors with an opportunity to buy community gift cards in increments of $50 or $100 and receive a matching gift card of the same value for free. The gift cards can only be used at Lake Forest businesses Item: 10
416
that apply for and receive approval to participate in the program. As the first major program funded through the SEIP, the CGCP was originally approved with a $575,000 budget, which included $500,000 in funds to cover the costs of providing the free bonus gift cards. The City is party to the Community Card Customer Agreement with Yiftee, Inc. (“Yiftee”) for the provision of electronic cards (Attachment 2). Since the inception of the CGCP, the City Council has approved seven funding phases of the CGCP. Phases two through seven have included a $565,000 budget.
Staff recommends the City Council receive and file a presentation recognizing the City’s receipt of the Award for SEIP. Additionally, staff recommends the City Council approve the proposed eighth SEIP budget allocation to the CGCP in the amount of $565,000 and authorize the City Manager to enter into the attached BOGO Campaign Quickstart Agreement with Yiftee (Attachment 3). A draft resolution authorizing the budget appropriation of $565,000 to cover the costs of the eighth funding phase of the CGCP is also provided for City Council review (Attachment 4).
BACKGROUND:
SEIP and CGCP
The SEIP established a budget for economic development programs to help local businesses recover from the COVID-19 pandemic. On October 4, 2022, the City formally authorized the City’s CGCP, the first major program funded through the SEIP. The CGCP provides residents and visitors with an opportunity to buy community gift cards in increments of $50 or $100 and receive a matching gift card of the same value for free. The gift cards can only be used at Lake Forest businesses that apply for and receive approval to participate in the program.
Funding phases of the CGCP are generally approved with a $565,000 budget, which includes $500,000 in funds to cover the costs of providing the free bonus gift cards, $64,000 to cover the costs of the fees associated with card issuance, and $1,000 to be used on marketing materials. Table 1 below summarizes the funding phases that have been approved by the City Council since October 2022.
Table 1: CGCP Funding Phase Summary
Phase Approval Date Funding
Amount Summary
Phase 1 10/4/2022 $575,000 Initial program launch. Launch included three funding rounds, with
marketing prioritized towards Lake
Forest residents. Funding amount
included a $10,000 contract with the
Item: 10
417
Phase Approval Date Funding
Amount Summary
Lake Forest Chamber of Commerce
to assist with business recruitment.
Phase 2 2/21/2023 $565,000 Second phase of CGCP. Program was advertised broadly to the public.
Staff and HdL instituted a new
vendor agreement system and
established new program guidelines
to enhance the integrity of the
program. $25
gift card increment was removed to
mitigate fee costs.
Phase 3 8/15/2023 $565,000 Third phase of funding. Marketed broadly to the public.
Phase 4 10/17/2023 $565,000 Fourth phase of funding. Marketed broadly to the public.
Phase 5 11/21/2023 $565,000 Fifth phase of funding. Marketed broadly to the public.
Phase 6 1/16/2024 $565,000 Sixth phase of funding. Marketed broadly to the public.
Phase 7 3/5/2024 $565,000 Seventh phase of funding. Marketed broadly to the public.
Pursuant to the CGCP, residents and visitors can buy gift cards in increments of $50 or $100. The gift cards are delivered electronically and can be used at any of the 116 participating Lake Forest businesses. The City covers the cost of the bonus card, plus the fees associated with card issuance. Table 2 below provides a breakdown of fees related to gift card issuance.
Table 2: CGCP Fees Paid to Yiftee
Fee Type Per Card Fee Amount
Fee for Issuance of Original Gift Card $1, plus 5% of card value Fee for Issuance of BOGO Gift Card $1
On November 13, 2023, the Audit Committee held its quarterly meeting. The Committee expressed its support for continued funding for the CGCP.
ACC-OC Golden Hub of Innovation Award
ACC-OC was established in 2011 and represents the interests of Orange County cities on regional public policy issues. The ACC-OC membership base consists of the cities of Orange County, dozens of local government special districts, businesses, non-profits, and higher education institutions. The Golden Hub Item: 10
418
Awards program publicly highlights and commends local Orange County governments for developing and implementing innovative solutions to a variety of current challenges in municipal leadership.
DISCUSSION:
ACC-OC Golden Hub of Innovation Award for SEIP
On April 23, 2024, staff submitted a nomination form to ACC-OC’s Golden Hub of Innovation Award in the Collaborative Community Development & Innovation category. The City’s nomination form highlighted the SEIP and underscored the success of the CGCP and Catalytic Theft Mitigation Programs that stemmed from it. At the time of the nomination, staff noted that the CGCP had 115 enrolled businesses, 777,665 purchased cards (including City provided cards), and $7,438,460 in purchased and City provided cards. In addition, staff noted the Catalytic Theft Mitigation Program had received 274 applications under the Painting & Etching Program and 165 gift cards had been issued under the Shield Program.
The City was an award winner in this category for its SEIP program and was recognized on May 8, 2024, at ACC-OC’s Golden Hub of Innovation Awards ceremony.
CGCP – Eighth Funding Phase
Considering the continued success of the CGCP, staff recommends establishing an eighth funding phase for the program. To establish an eighth funding phase, staff recommends the City Council authorize and direct the City Manager to sign the attached BOGO Campaign Quickstart Agreement with Yiftee (Attachment 3).
The City Attorney’s Office has reviewed and approved the attached BOGO Campaign Quickstart Agreement with Yiftee as to form. In addition, staff recommends the City Council allocate SEIP funds to support the costs of the new funding phase. A budget resolution authorizing $565,000 towards the eighth funding phase of the CGCP is attached for City Council consideration (Attachment 4).
The attached BOGO Campaign Quickstart Agreement with Yiftee includes the provision of gift cards in increments of $50 and $100 with a three-card maximum purchase cap. These are the same card increments and purchase limit used for the seventh phase of CGCP funding. The City’s SEIP funding categories include sufficient funding to support an eighth phase of funding for the CGCP.
Item: 10
419
FISCAL IMPACT:
Approving the proposed resolution (Attachment 4) would appropriate $565,000 to the City’s General Fund in the 2023-2025 Operating Budget to cover the costs of the proposed BOGO Campaign Quickstart Agreement with Yiftee, Inc.
ATTACHMENTS:
1. City of Lake Forest ACC-OC Golden Hub of Innovation Award 2024 Nomination Form
2. Customer Card Agreement with Yiftee, Inc.
3. Proposed BOGO Campaign Quickstart Agreement with Yiftee, Inc.
4. Proposed Resolution Appropriating $565,000 for Community Gift Card Program
Initiated By: Hope Hairrell, Management Assistant
Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
Item: 10
420
ATTACHMENT 1
Item: 10
421
L F
CITY OF LAKE FOREST
ACC-OC GOLDEN HUB OF INNOVATION 2024
City of Lake Forest’s Strategic Economic Investment Program:
Buy-One-Get-One Shop and Dine Community Gift Card Program Catalytic Converter Theft Deterrent Mitigation Program
Category: Collaborative Community Development & Innovation Item: 10
422
The City of Lake Forest (“City”), along with every other community, felt the effects of the COVID-19 pandemic. The City implemented several services and resources, including its Strategic Economic Investment Program (“SEIP”), to help those affected by the pandemic recover.
On February 15, 2022, the Lake Forest City Council approved the SEIP. The SEIP assigns $8,303,350 in economic support funds to three business types: restaurants, hotels, and other impacted industries.
The City Council’s intent in approving the SEIP is to help local businesses offset the economic damage caused by COVID-19, better prepare businesses to weather future pandemics, and encourage business activity in sectors that experienced significant economic adversity.
Over several months, the City worked to develop programs that provide economic support to businesses in each of the three categories. On June 21, 2022, the City Council approved a contract with a consultant to help the City develop programs that match the genuine needs of Lake Forest businesses and promote progress toward the goals of SEIP.
The consultant and City staff surveyed 10 cities throughout California to see what initiatives they implemented to increase economic development through residents’ participation. Research showed that seven of the 10 cities rolled out a program that paid residents to shop locally. Participants were able to purchase a gift card from the city and receive a second one of the same value to use at local businesses in the community. Each city saw an average 5-18 percent increase in sales during the duration of the program. In addition, within the last few years, thefts of catalytic converters have gone up dramatically. City staff and the consultant researched ways to help reduce these incidents.
After the completion of a thorough outreach process to the business community, City staff and the consultant proposed economic support programs to the City Council. The City Council approved two programs: the Shop and Dine Community Gift Card Program (“BOGO”), and the Catalytic Converter Theft Prevention Program. These programs continue to operate, offering economic benefits to businesses, residents, and Lake Forest visitors.
2024 Golden Hub of Innovation Award | City of Lake Forest Strategic Economic Investment Program
BACKGROUND
RESEARCH AND PLANNING
COMMUNITY GIFT CARD PROGRAM
Designed to support local businesses and bolster the local economy, the BOGO program offers residents and community members the opportunity to purchase community gift cards redeemable exclusively at participating Lake Forest-based businesses. 1 Item: 10
423
CAMPAIGN
Gift cards are available in $50 and $100 denominations, with a unique "buy one, get one" (BOGO) offer in which a purchaser will receive a matching card of equal value, effectively doubling their purchasing power and encouraging local spending.
The City invites local businesses to sign up to participate. Certain businesses, such as restaurants and hospitality-based businesses, automatically qualify to participate in the program. Other businesses, such as storefront retail, personal care services, automotive, etc., can participate but must attest to having experienced a negative economic impact from COVID-19. If a business can accept Mastercard credit card payments over the phone, it can accept the community gift card.
With approximately $4 million in funding approved by the Lake Forest City Council, spread across seven phases, the program aims to revitalize the local economy, stimulate growth, and enhance community well-being.
For further details and a comprehensive list of participating businesses, please refer to the official Lake Forest Community Gift Card Program webpage at www.lakeforestca.gov/giftcard.
Click here for
BOGO COMMERCIAL
Click here for
PSA VIDEO
2024 Golden Hub of Innovation Award | City of Lake Forest Strategic Economic Investment Program
2 Item: 10
424
Promotional Material
Articles and Social Media
2024 Golden Hub of Innovation Award | City of Lake Forest Strategic Economic Investment Program
3 Item: 10
425
RESULTS
To prevent catalytic converter theft, a growing problem nationwide, the City of Lake Forest has instituted a series of prevention programs. These include the Catalytic Converter Painting & Etching (P&E) Program and the Catalytic Converter Shield Program; both of which provide funds to support catalytic converter theft mitigation.
The program was based on the success of an event in 2021 where 50 Lake Forest residents were able to get their vehicle identification numbers (“VIN”) etched on their catalytic converter for free. The CAT Program included this service and offered residents a $250 gift card to offset the cost of having a shield installed on their catalytic converter.
Painting & Etching Program
Under the P&E Program, residents and local businesses with fleet vehicles can apply to have their catalytic converters painted and etched for free. Painting and etching catalytic converters can help deter thieves and assist law enforcement in prosecuting criminals who steal the valuable parts. 2024 Golden Hub of Innovation Award | City of Lake Forest Strategic Economic Investment Program
4 CATALYTIC CONVERTER THEFT MITIGTATION PROGRAM
# of Enrolled Businesses
# of Purchased Cards (including BOGO)
Value of Purchased and BOGO Cards
$7,438,460
77,665
115
Item: 10
426
CAMPAIGN
Painting and etching services are provided by Lake Forest businesses that have signed up to participate in the program. Residents that have vehicles on the City’s List of Frequently Targeted Vehicles for Catalytic Converter Theft, or a vehicle with a catalytic converter that is accessible by thieves via the vehicle undercarriage, are eligible to participate. Not all vehicles have catalytic converters that are exposed from the undercarriage. Vehicles must be registered to a Lake Forest address via DMV registration to participate. Once approved for the program, residents may use their approved application to schedule an appointment at any one of the participating businesses to have the painting and etching service performed.
Shield Program
Under the Shield Program, residents can apply to receive a $250 gift card toward the purchase and installation of a catalytic converter theft deterrent shield by a participating business. This helps residents offset the costs of purchasing and installing the device on their vehicle. Only vehicles registered to a Lake Forest address via DMV registration are eligible to participate. Once approved, residents receive an approved application form and an electronic gift card via email. Next, residents are advised to schedule an installation date with a participating business. The gift card can be used toward the full cost of the installation. The gift card will only work at a participating business for the purpose of installing a catalytic converter shield. A program webpage can be found at the following link: www.lakeforestca.gov/en/CatGrant.
Click here for
PSA VIDEO
2024 Golden Hub of Innovation Award | City of Lake Forest Strategic Economic Investment Program
5 Item: 10
427
Click here for
TESTIMONIAL VIDEO
Promotional Material and Articles
2024 Golden Hub of Innovation Award | City of Lake Forest Strategic Economic Investment Program
6 Item: 10
428
2024 Golden Hub of Innovation Award | City of Lake Forest Strategic Economic Investment Program
7 RESULTS
Catalytic converter thefts decreased after the launch of the campaign. On average, seven smog devices were stolen a month in Lake Forest, the most recent report showed a decrease to only four being stolen monthly.
Painting & Etching01
Shield Program02
274 Applications approved
165 Gift Cards issued
Item: 10
429
THANK YOU
City of Lake Forest
ACC-OC Golden Hub of Innovation Award 2024
Strategic Economic Investment Program
Buy-One-Get-One Shop and Dine Community Gift Card Program Catalytic Converter Theft Mitigation Program
Item: 10
430
ATTACHMENT 2
Item: 10
431
Community Card Customer Agreement
THIS AGREEMENT (the “Agreement”) is made effective as of __________, 2022 (the “Effective Date”) by and between Yiftee Inc., a Delaware corporation, with an address at 325 Sharon Park Drive #215, Menlo Park, CA 94025 (“Yiftee”) and _____________________________________ with an address at _________________________________________(“Customer”). The parties agree a follows:
1. Definitions.
1.1 “Merchant” means a merchant, prospect or other contact that may be using or desire to use Yiftee Services to redeem eGifts.
1.2 “Participant” means a Merchant who has opted to participate in a Community Card by running an Activation Card and agreeing to the Merchant Agreement.
1.3 “Yiftee Services” means Yiftee’s gift-giving platform. It is the technology foundation for Community Cards.
1.4 “Purchaser” means a person or entity that purchases or redeems eGifts.
1.5 “eGift” means a digital virtual gift voucher used as payment for goods or services at a Participant.
1.6 “Offer” or “Offers” mean specific benefits that Participants provide to consumers who use their Community Cards in their store, as determined by the Participants and posted on their eGift Card web page.
2. Merchant Enrollment.
2.1 Merchant Enrollment Obligations
(a) Customer will collect a set of Merchants who have elected to participate in the Yiftee Services.
Merchants must all be located in the same state in the USA, due to varying gift card laws by state. Each Merchant must agree to the Yiftee Community Card Merchant Agreement located on the Yiftee.com website. Merchants who have not agreed to the Merchant Agreement will not be able to utilize the Yiftee Services to redeem eGifts. Customer will upload into the Yiftee Services or provide the names of the Merchants who intend to participate to Yiftee. Upon the agreed upon launch date, the billing for the Yiftee Services will begin (“Commencement Date”). This billing will include the agreed-upon cost for each Participant or group thereof as defined in Appendix A. (b) Yiftee will provide to Customer or directly to Merchants, upon receipt of the set of Merchant names in 2.1a, a set of unique Activation Cards to be run by each Merchant. Customer will inform Merchants of their individual Activation Card and provide instructions on its use. Additionally, Customer will inform Merchants that running the Activation Card implies consent to the Merchant Agreement located on the Yiftee.com website.
(c) As Merchants run the Activation Cards, they will be included in the set of Merchants enabled to participate in the Yiftee Services, i.e. the Participants. Participant may also post their Offers to be available for eGift Card holders who redeem gifts in their stores. 100 Civic Center Dr., Lake Forest, CA 92630
City of Lake Forest
DocuSign Envelope ID: BEBEC6F7-D026-426B-9118-BA0B8330B956 October 17, 2022
Item: 10
432
(d) Yiftee will bill Customer or Merchants as described in Appendix A. Customer can add or remove Participants and fees will be adjusted accordingly, if applicable. There will be no retroactive adjustments allowed by Yiftee (that is, a cancelled Participant’s billing obligation will result in that Participant’s cost to Customer, as defined in Appendix A, to be eliminated beginning only on the next annual billing cycle).
A Participant may be added to the list of Participants at any time (“Enrollment Time”), with billing adjustment for said Participant to begin immediately and to be included in the current month’s billing. (e) Each party shall comply with good, ethical and moral business practices and all applicable laws and regulations in engaging in any activities here under.
(f) Fees and payment terms applicable to the subject matter here under shall be as set forth in Appendix A. Customer is not entitled to compensation other than what is described in Appendix A. (g) Customer is responsible and liable for any disputes or liability arising out of its relationships with Merchants and Participants, except with respect to any liability of Yiftee under this agreement.
2.2 Yiftee Materials.
Yiftee may provide Customer with certain materials for use in conjunction with promoting the Yiftee Services here under (“Yiftee Materials”). No rights or licenses, express or implied, are granted in those Yiftee Materials or otherwise, except as expressly and unambiguously set forth in this Agreement.
2.3 Limited Licenses.
Subject to the terms and conditions of this Agreement, Yiftee hereby grants to Customer, a non- exclusive, non-transferable, non-assignable, non-sublicensable right and license to access and use the Yiftee Services and Yiftee Materials solely for the purposes of Customer’s performance of this Agreement.
2.4 Trademark License.
Subject to the terms and conditions of this Agreement, Yiftee hereby grants Customer and Customer hereby grants Yiftee a non-exclusive, non-transferable, non-assignable, non-sublicensable, royalty-free license to use Yiftee’s or Customer’s name, trade names, trademarks, service marks, and logos (collectively, a party’s “Marks”) solely in connection with Customer’s and Yiftee’s promotion and marketing of the Yiftee Services, subject to written usage guidelines, if any, made mutually available.
3. Ownership. As between the parties, Yiftee owns all right, title and interest in and to the Yiftee Services, Yiftee’s Marks and the Yiftee Materials. Customer owns all right, title and interest in and to Customer’s Marks.
4. Warranties Disclaimer. YIFTEE AND ITS LICENSORS MAKE NO WARRANTIES TO CUSTOMER,
EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING OUT OF USAGE OR TRADE, COURSE OF DEALING AND COURSE OF PERFORMANCE.
5. Liability Limitation. EXCEPT FOR LIABILITY ARISING UNDER SECTION 7, NEITHER PARTY (NOR ITS
LICENSORS) WILL BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT OR UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE
THEORY, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHATSOEVER, FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE AND IN NO EVENT SHALL EITHER PARTY’S DocuSign Envelope ID: BEBEC6F7-D026-426B-9118-BA0B8330B956 Item: 10
433
LIABILITY EXCEED THE GREATER OF $500 OR THE AMOUNTS PAID AND/OR PAYABLE BY YIFTEE TO
CUSTOMER (AND/OR BY CUSTOMER TO YIFTEE, IF PAYMENTS ARE PAYABLE BY CUSTOMER TO YIFTEE IN ACCORDANCE WITH PROPOSAL) HEREUNDER IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.
6. Term and Termination.
6.1 Term. This Agreement shall be effective as of the Effective Date and shall continue in full force on an annual period from the Effective Date, and thereafter shall automatically renew annually, unless and until either party terminates this Agreement pursuant to Section 6.2.
6.2 Termination.
(a) Either party may, at its option, terminate this Agreement upon thirty (30) days written notice to the other party for any reason or for no reason whatsoever. (b) Either party may terminate this Agreement if the other party materially breaches a term of this Agreement and fails to cure such breach within fifteen (15) days after receipt of written notice of such breach from the non-breaching party.
(c) Participants are obligated to honor all outstanding eGifts issued by Yiftee for the entire duration of those eGift's validity periods. Termination does not relieve Participants from honoring conditions outlined in the Merchant Agreement.
6.3 Effect of Termination. Upon any termination: (a) Customer shall immediately cease all promotion of the Yiftee Services and shall immediately return to Yiftee, or at the option of Yiftee, destroy, all Confidential Information (as defined below) of Yiftee disclosed to Customer, Yiftee Materials, and any Yiftee Services, hardware and software provided to Customer here under, (b) Yiftee shall immediately return to Customer, or at the option of Customer, destroy, all Confidential Information of Customer disclosed to Yiftee here under, and (c) all licenses granted under this Agreement shall immediately cease. The following Sections shall survive termination and remain in effect 1, 3, 4, 5, 6.3, 7 and 8. Any termination of this Agreement shall be without prejudice to any other rights or remedies available under this Agreement or at law.
7. Confidentiality. Because of this Agreement, the parties may have access to information that is confidential to the disclosing party (“Confidential Information”). Confidential Information shall include, without limitation, Purchaser lists and information relating to the parties’ products and pricing and all information designated as confidential by the disclosing party at the time of disclosure. A party’s Confidential Information shall not include any information which (i) becomes generally publicly available through no wrongful act or omission of the receiving party; (ii) is lawfully acquired by the receiving party from a third party without any breach of a confidentiality obligation; or (iii) is independently developed without use of or reference to the disclosing party’s Confidential Information. Each party agrees to maintain the confidentiality of the other party’s Confidential Information using the same degree of care that it uses with regard to its confidential information of like nature, but in no event less than reasonable care, and to protect as a trade secret any portion of the other party’s Confidential Information by preventing any unauthorized copying, use, distribution, installation or transfer of possession of such information. If required by law, the receiving party may disclose Confidential Information of the disclosing party, but will give adequate prior notice of such disclosure to the disclosing party to permit the disclosing party to intervene and to request protective orders or other confidential treatment therefor. The parties acknowledge that money damages will not be an adequate DocuSign Envelope ID: BEBEC6F7-D026-426B-9118-BA0B8330B956 Item: 10
434
remedy if this Section 7 is breached and, therefore, either party may, in addition to any other legal or equitable remedies, seek an injunction or other equitable relief against such breach or threatened breach without the necessity of posting any bond or surety.
8. Non-solicitation
During the term of this Agreement, neither party will (on behalf of itself or any other person or entity) solicit any Purchaser or Merchant of the other party to restrict, limit, or terminate such Purchaser’s or Merchant’s participation in the other party’s products and services.
9. Miscellaneous
9.1 Choice of Law. This contract shall be governed by and construed in accordance with the laws of the State of California, without regard to the provisions of the conflict of laws thereof. The parties will resolve any disputes in the state or federal courts located in Santa Clara County, California, to whose exclusive jurisdiction and venue they irrevocably submit. Notwithstanding anything to the contrary, either party may pursue injunctive or other equitable relief in any court of competent jurisdiction.
9.2 Notices. Any notice or other communication required or permitted in this Agreement shall be in writing and shall be deemed to have been duly given on the day of service if served personally or by facsimile transmission with confirmation, or three (3) days after mailing if mailed by First Class mail, registered or certified, postage prepaid, and addressed to the respective parties at the addresses set forth above, or at such other addresses as may be specified by either party pursuant to the terms and provisions of this section.
9.3 Assignment. Customer may not assign or otherwise transfer, without the prior written consent of Yiftee, its rights, duties or obligations under this Agreement to any person or entity, in whole or in part. Yiftee may freely assign or otherwise transfer this Agreement in connection with the sale of all or substantially all of its business or assets. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
9.4 Severability. Any provision of this Agreement that is determined to be unenforceable or unlawful shall not affect the remainder of the Agreement and shall be severable therefrom, and the unenforceable or unlawful provision shall be limited or eliminated to the minimum extent necessary to that this Agreement shall otherwise remain in full force and effect and enforceable.
9.5 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior agreements between them, whether written or oral, with respect to the subject matter hereof, and may not be amended, modified or provision hereof waived, except in a writing signed by the parties hereto. No waiver by either party, whether express or implied, of any provision of this Agreement, or of any breach thereof, shall constitute a continuing waiver of such provision or a breach or waiver of any other provision of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
Customer (Print): YIFTEE, INC.
By: By:
Name, Title: Name, Title: Donna Novitsky, Yiftee CEO City of Lake Forest
Debra Rose, City Manager
DocuSign Envelope ID: BEBEC6F7-D026-426B-9118-BA0B8330B956 Approved as to Form:
Best Best & Krieger LLP, City Attorney
Attest:
Lisa Berglund, City Clerk
Item: 10
435
Community Card Customer Agreement
APPENDIX A
Pricing
Customer and Participants are not required to pay Yiftee a subscription fee or a revenue share. Yiftee does not take a percentage of the cards that are redeemed in the Participants’ stores.
Charges:
Purchasers pay the face value of the card plus a $1+5% of the eGift Card value eDelivery fee at the time of purchase. Bulk purchases of one thousand dollars ($1000) or more, and enterprise accounts may qualify for a reduced eDelivery fee by depositing funds into their Yiftee eGifting accounts by check or ACH and disabling credit cards.
Participants pay Mastercard processing fees for a card-not-present (CNP) transaction upon redemption.
Yiftee does not control these fees, they are set by the Merchant Acquirer who is their credit card processor.
Subject to applicable laws, Yiftee will implement a monthly maintenance fee on eGift Cards that have been inactive (i.e. no spending on the Card) for periods of greater than 12 months. This will be made clear to cardholders on the face of the eGift Card when implemented, as is required by law.
Yiftee eGift Cards do not generally expire. Subject to applicable laws, in some cases eGift Cards given by corporations or merchants as promotions, rewards and awards may have expiration dates. In the case of eGift Cards expiring, Yiftee retains 10% of the original eGift Card value not to exceed the remaining unspent funds and refunds the balance to the purchaser’s Yiftee eGift Card account. eDelivery fees are not refunded.
Participants may choose, at their discretion, to post Offers to encourage Purchasers to use their Community Cards in their stores.
Participants may choose, at their discretion, to offer rebates as fund raisers to local groups such as schools, churches and other non-profits. Such programs are an incentive for the local groups to sell Community Cards to their members, and for the Purchasers to use them in specific stores who are offering rebates. Yiftee will work with the Participants and Purchasers to execute such programs.
No tipping is allowed on Yiftee eGift Cards.
DocuSign Envelope ID: BEBEC6F7-D026-426B-9118-BA0B8330B956 Item: 10
436
ATTACHMENT 3
Item: 10
437
www.yiftee.com – 325 Sharon Park Drive #215, Menlo Park, CA 94025 – (650) 533-0938 Keep Local Dollars Local
Yiftee Comm Card BOGO Campaign Quickstart
(Please complete sections in orange)
Community and Campaign Name: (e.g., COVID Recovery 2021) _________________________ Contact Name: __________________________
eMail: ________________________ Phone: ________________________ Campaign Start date: ____________ Stop date: “while supplies last” or date: _________ Campaign budget: $_______________ Yiftee must receive funds by check or ACH (minimum $2500) pre-launch to pay for bonus gifts. Promotion will automatically cease when funds run out. Optional alert when balance drops to a certain level. Alert at amount: $_______ Offer description/banner copy: check A, B or C below and specify amounts. Please create a banner using this copy (760 x 100, example on pg 2).
_____ A. 50% or 100% match any value, example: Buy a card for any value $10-$125 and get a matching value bonus card. Limit X bonus cards per purchaser. Available while supplies last. Bonus cards must be used in X days. Purchased card range: $______ to $______. Match level (check one): ___ 50% or ____ 100%. Limit: ______ or none. Expires after # days: _____ or date: _________. _____ B. Total shopping cart value, example: Get a $20 bonus gift for every $80 you spend. Limit X bonus cards per purchaser. Available while supplies last. Bonus cards must be used in X days.
Get a $_____ bonus gift for every $_____ you spend. Limit: ______ or none. Expires after # days: _____ or date: __________.
_____ C. Specific price points, example: Buy $25 and get a $10 bonus gift; buy $50 and get a $20 bonus gift; buy $100 and get a $40 bonus gift. Limit X bonus cards per purchaser. Available while supplies last.
Bonus cards must be used in X days. (1-5 levels allowed, only specific price points) Buy $______, Get $_____; Buy $______, Get $_____; Buy $______, Get $_____. Limit: ______ or none. Expires after # days: _____ or date: _________.
Optional limits: You can define a limit of 1,2,3,4,5,9, or 10 bonus gifts per purchaser, or $50, $125, $300 total bonus gift value per purchaser (irrespective of recipients). Only those values are available. Limit applies to entire campaign duration, restarts for new campaigns.
Buyer $1+5% eDelivery fee: Who pays buyer eDelivery fee, ____ you or ____ buyer (check one) Bonus gift $1 eDelivery fee and customer eD fees (if elected) paid out of funds on deposit.
Refunds: Purchasers may contact [email protected] for refunds but Yiftee will retain the eDelivery fee regardless of who paid it to cover costs.
Bonus Card expiration: _____ days from card issue or a specific date: _____________. When gifts expire, Yiftee returns the unused amount to Community, less restocking fee which is the lesser of 10% of the original bonus gift value or the remaining unused amount of the gift.
Lake Forest Shop & Dine Community Gift Card
Tim Campbell
[email protected]
(424) 228-8517, x. 1140
5/27/2024
While supplies last
564,000
150,000
x
50 50
100
100
3 180
x
180
Item: 10
438
www.yiftee.com – 325 Sharon Park Drive #215, Menlo Park, CA 94025 – (650) 533-0938 Keep Local Dollars Local
Bonus gift message (255 char limit, example): Thank you for purchasing _________________. Enjoy this bonus gift - designed to support our independent restaurants and retailers. To spur the economy quickly, this bonus gift will expire _____________. Make any changes you want or write a different message here, but please stay within character limit.
Bonus gift signature (25 char limit, who it is from): ____________________________________.
Campaign changes are not allowed once campaign has been launched. Yiftee requires a minimum of 48 hrs from signed Quickstart to implement; funding and banner must have been received prior to implementation. Minimum 1 week in between campaigns to avoid confusion.
Bonus gift terms: The terms including expiration, bonus value and limits (if applicable) should be clearly stated on your web site, marketing materials and in the banner on the Yiftee gift purchase page. Please submit all planned advertising of the program for Yiftee review prior to launch. We want to make sure that all restrictions and terms are clearly articulated in the material that advertises the program. Do not begin marketing prior to campaign start date. If marketing starts prior to campaign start date, Yiftee reserves the right to deliver bonus gifts to early purchasers once the campaign begins.
Required Images:
Please provide a 760x100 pixel banner that clearly states your promo language such as Gift card 300 x 200 pixels minimum:
We can use your regular card image, or you can provide something custom. We recommend not a complete change so as not to confuse merchants, but you could add a BONUS indication.
Fee for promotion: Program Fee: waived (normally $100/location) eDelivery fee: $1/gift sent, deposited in advance of campaign start by check or ACH, along with gift funds.
Restocking fees for expired bonus gifts as described above.
Accepted on behalf of Community Yiftee, Inc.
Signature ________________________________
Print____________________________________ Donna Novitsky, CEO
Date_____________________________________
Receive a $25 Bonus Gift for Every $50 You Spend.
Offer expires 8/31/2020, available while supplies last. Limit 4/purchaser.
the Lake Forest Shop and Dine Card
6 months after purchase
City of Lake Forest
Debra Rose, City Manager
Item: 10
439
ATTACHMENT 4
Item: 10
440
RESOLUTION NO. 2024-
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
WHERE
AS, the 2023-2025 Operating Budget and the appropriations for Fiscal Year 2023-24 were adopted by the City Council on June 20, 2023; and WHERE
AS, modifications are now required as a result of changes during Fiscal Year 2023-24.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
FOREST DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:
Section 1. The City Council’s adoption of this Resolution is not a project within the meaning of the California Environmental Quality Act. Specifically, the City’s adoption of the Resolution is an administrative and fiscal function of the City that does not commit the City to any specific project or course of action. (State CEQA Guidelines, sections 15378(b)(4) & (b)(5).) Thus, no environmental review of the Resolution is required. The City Council hereby directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption within five working days of the adoption of this Resolution.
S
ection 2. The General Fund is amended to increase appropriations for Fiscal Year 2023-24 as demonstrated in Exhibit A.
Section 3. The Director of Finance is hereby authorized to move appropriations between programs within program area budgets in concurrent with Department Directors.
Section 4. The City Manager is hereby authorized to transfer appropriations from one program area to another or between funds within the Operating Budget with notification to the City Council Audit Committee.
Section 5. The City Manager is hereby authorized to transfer appropriations from a capital improvement project to another existing project within the adopted Capital Improvement Program with notification to the City Council Audit Committee.
Item: 10
441
Section 6. The City Clerk shall attest as to the adoption and execution of this Resolution and cause the same to be maintained in the permanent records of the City.
PASSE
D, APPROVED AND ADOPTED this 21st day of May 2024, by
the following vote, to wit:
ATTEST:
MARK TETTEMER
MAYOR
LISA BERGLUND
CITY CLERK
APPRO
VED AS TO FORM:
MATTHEW RICHARDSON
CITY ATTORNEY
Item: 10
442
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. 2024- was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 21st day of May 2024, by the following vote, to wit:
AYE
S: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
LISA BERGLUND
CITY CLERK
Item: 10
443
EXHIBIT A
AMENDMENT TO 2023-2025
OPERATING BUDGET
FISCAL YEAR 2023-24
APPROPRIATIONS
General Fund Operating Appropriations
Expenditure
Major Program
Area
Current
Budget
Increase
(Decrease) Amended
Budget
Community Vitality &
Engagement 4,723,996 565,000 $5,288,996
Item: 10
444
CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/21/2024
DEPARTMENT: Management Services
SUBJECT:
AGREEMENT WITH THE COUNTY OF ORANGE FOR LAW ENFORCEMENT
SERVICES
RECOMMENDED ACTION(S):
Approve and authorize the Mayor to sign the Agreement with the County of Orange for Law Enforcement Services for Fiscal Year 2024-25.
EXECUTIVE SUMMARY:
The City of Lake Forest contracts with the Orange County Sheriff’s Department (“OCSD”) for law enforcement services. The proposed cost for the attached Fiscal Year 2024-25 Law Enforcement Agreement (“OCSD Agreement”) is $21,360,473, which is $1,073,900 or 5.29% more than the current fiscal year (Attachment 1). This year-over-year increase is primarily due to increased labor costs and the transition away from City-owned auxiliary vehicles (one commercial enforcement vehicle and two motorcycles) to County-owned auxiliary vehicles.
The proposed OCSD Agreement includes a staffing plan that describes personnel and other resource allocations (Attachment 2).
Through proactive policing and partnership with the community, Lake Forest consistently has one of the lowest crime rates within Orange County. A historical record of “Part 1” crimes is described later in this report and in Attachment 3, which documents significant local crime trends across the region (Attachment 3).
Staff recommends the City Council approve the new one-year OCSD Agreement.
The 2023-2025 Operating Budget includes sufficient funding to cover the costs of the recommended action.
BACKGROUND:
When the City incorporated in 1991, the “contract city” service model was implemented for a variety of public services, including law enforcement.
Consequently, the City has a long-standing contractual relationship with OCSD, which also provides law enforcement services to many other Orange County Item: 11
445
cities. The contract service model has been an effective and efficient model for service delivery and crime mitigation.
The City’s annual contract with OCSD includes salaries, benefits, and other associated overhead costs for the number of direct and shared positions required to support public safety and police operations within the City’s boundaries. Cities that contract with OCSD capitalize on the economies of scale associated with the sharing of certain facilities, vehicles, training, personnel, specialized policing units (i.e., Directed Enforcement Team, Behavioral Health Bureau, Special Weapons and Tactics, Major Accident Reconstruction Team, Mounted Unit, Air Support, K-9 Unit, Bomb Squad, and the Gang Enforcement Team) and other costs. Each year, as part of the City’s budget compilation process, staff reviews the proposed costs associated with these services and presents an annual contract with OCSD to the City Council for consideration.
DISCUSSION:
Year in Review
The OCSD continues its partnership with the community to reduce and prevent crime in Lake Forest through various initiatives. Highlights from calendar year 2023 include:
▪3,852 service hours donated by the Sheriff’s Team of Active Retired Seniors (“STARS”) and an increase in the number of STARS recruited to serve the City
▪Deputy Rodney Elcock was awarded the prestigious Medal of Merit for his diligence in investigating a string of robberies that included more than 10 search warrants and an eventual suspect apprehension in Las Vegas, Nevada
▪Deputy Jeremiah Stephens was honored with the Mothers Against Drink Driving (“MADD”) Recognition Award for making 41 drinking-under-the- influence (“DUI”) arrests throughout 2022
▪Homeless Liaison Officer (“HLO”) facilitated shelter provision for 20 individuals in partnership with other organizations as well as providing resources related to substance abuse, disability, mental health, medical issues, and veteran services
▪Collaborated with City staff during implementation of “in-house” parking enforcement
Item: 11
446
▪Continued to refine emergency response services in partnership with the Orange County Fire Authority
▪Helped the City implement several Automated License Plate Reader (“ALPR”) camera locations throughout the city, completing the City’s “ALPR Geofence”
▪Continued the Business Watch Program
▪Met with several Homeowner Associations to discuss issues related to their neighborhood
▪Maintained an average call for service response time of less than five minutes (4:47 min)
Completion of ALPR Geofence
The City now has 52 fully functioning ALPR cameras covering all major thoroughfares in the community. The ALPR system provides quick, reliable information to law enforcement related to the physical descriptions and license plate numbers of vehicles suspected of being utilized in the commission of a crime. The ALPR system is particularly effective at alerting law enforcement as to the whereabouts of stolen vehicles. Since the initial buildout of the ALPR system in 2021, stolen vehicle arrests in Lake Forest have increased dramatically (see Graphic 1 below).
Graphic 1: Stolen Vehicle Arrests
Traffic Enforcement Statistics
2019 2020 2021 2022 2023
Arrests 9 12 89 138 129
0 20
40 60
80 100
120
140
160
Lake Forest Stolen Vehicle Arrests
Item: 11
447
The recommended California State Office of Traffic Safety (“OTS”) Traffic Enforcement Index is between 25%-35%. This index is determined by dividing the number of hazardous violations by the number of fatal and injury collisions.
In 2023, the City‘s Traffic Enforcement Index was below that range at 12.25%.
There was a decrease in the number of fatal traffic accidents from six to four from the prior year and the number of injury traffic accidents increased by 23.9%. A three-year comparison of traffic enforcement statistics is provided in Table 1 below.
Table 1: Traffic Enforcement Statistics
Incident Type 2021 2022 2023
Hazardous Moving Citation 1,018 2,591 2,144
Non-Hazardous Citations 726 453 1,584
Fatal Traffic Accidents 4 6 4
Injury Traffic Accidents 150 138 171
Calls for Service
Calls for service include calls that were generated from dispatch and by the patrol deputies’ self-initiated observations. In 2023, there was a 3% increase in the volume of calls for service and an increase in the average response time of 4%. Of these calls for services, those that are potential life-threatening incidents are identified as “Priority 1” calls. Table 2 below provides a three-year comparison of response times for all calls for service. More specific data on service calls and other demands is available in Attachment 3.
Table 2: Calls for Service and Response Times
Metric 2021 2022 2023
Total Calls for
Service
26,519 27,329 28,211
Priority One Calls 427 423 451
Response Times for
Priority One Calls
4:45 min 4:28 min 4:47 min
Reports of Crime and Crime Rates
The Uniform Crime Reporting (“UCR”) database, which includes the official record of Part 1 Crimes, is reported on a calendar year basis by the Federal Bureau of Investigation (“FBI”). Effective June 1, 2021, the OCSD began to report crime statistics via the National-Incident Based Reporting System (“NIBERS”). Often in the commission of criminal acts, suspects commit multiple crimes. Unlike UCR, NIBERS quantifies all crimes committed during a criminal incident, not just the most severe of the crimes committed. As a result, the new crime data published via the public portal of crime statistics is both more accurate Item: 11
448
and quantifies a greater volume of crimes. Despite this technical change, Lake Forest remains one of the safest cities in all of Orange County in terms of Part 1 crime incidence. Part 1 crimes are considered the most serious offenses, and include homicide, rape, burglary, and auto theft. Graphic 2 below includes a table that describes the total volume of Part 1 crimes committed in Lake Forest since 2018. Graphic 2 also provides comparative trend lines that include the cities of San Clemente, Mission Viejo, and Laguna Niguel.
Graphic 2: Part 1 Crimes by City 2018-2022
On a per-capita basis (total volume of Part 1 crimes divided by 2020 Census population record), Lake Forest remains one of the safest cities in Orange County. Graphic 3 below illustrates Lake Forest’s per-capita Part 1 crimes compared to Orange County overall. Table 3 below provides a five-year trend of Part 1 crimes across many cities in Orange County that contract with OCSD for law enforcement services. Both Graphic 3 and Table 3 below demonstrate that Lake Forest remains a safe community relative to other cities in the region. In most of the cities used for comparison with Lake Forest Part 1 crime statistics, cities showed an increase in Part 1 crime incidence beginning in 2021. Staff believe this increase can, at least, in part, be attributed to the OCSD’s switch from the UCR to the NIBERS crime reporting system effective June 1, 2021, which accounts for all Part 1 crimes committed during a single crime incident.
2018 2019 2020 2021 2022
Lake Forest 930 651 949 880 1017
San Clemente 1017 1009 962 854 1054
Mission Viejo 1055 936 925 989 1201
Laguna Niguel 723 651 625 617 737
0 200
400
600
800
1000
1200
1400
Lake Forest San Clemente Mission Viejo Laguna Niguel
Item: 11
449
Graphic 3: Part 1 Crimes by City (Per Capita)
Table 3: Per Capita Part 1 Crimes by City 2018-2022
City 2018 2019 2020 2021 2022 5 Yr Avg
Orange County 21.7 20.8 21.6 21.1 21.7 21.4
San Clemente 15.8 15.7 15.0 13.3 16.4 15.2
Laguna Hills 14.7 14.0 15.3 16.2 15.3 15.1
San Juan Cap 12.4 10.3 10.4 11.9 16.0 12.2
Mission Viejo 11.3 10.0 9.9 10.6 12.8 10.9
Laguna Niguel 11.2 10.1 9.7 9.6 11.5 10.4
Lake Forest 10.8 7.6 11.1 10.2 11.8 10.3
Laguna Woods 6.9 7.6 9.6 6.2 5.5 7.1
Rancho SM 7.7 6.8 6.3 5.6 5.0 6.3
Proposed Fiscal Year 2024-25 Agreement
On an annual basis, OCSD prepares an estimate of potential costs that initiates the development of annual contracts with various cities. This process is purposefully iterative. OCSD works closely with contract cities and presents subsequent estimates of potential costs based on its operations, desired service levels, and other general feedback from the community. As part of the process, contract city representatives and OCSD discuss ongoing needs relative to public safety and cost-sharing/saving measures that provide sufficient funding for the desired level of services.
This year, the estimate provided by OCSD is $21,360,473, which is 5.29% or $1,073,900 more than current fiscal year costs. This year-over-year increase is primarily due to increased labor costs and the transition away from City-owned auxiliary vehicles (one commercial enforcement vehicle and two motorcycles) to
0.0 5.0
10.0 15.0
20.0 25.0
2018 2019 2020 2021 2022
Lake Forest Orange County
Per Capita Part 1 Crime - Lake Forest vs Orange
County
Item: 11
450
County-owned auxiliary vehicles. Increased costs for base salaries and benefits make up 88% of the total cost increase. Staffing levels of sworn OCSD Deputies remain the same, while the total number of CSO’s will be reduced from five to four in accordance with the City introducing an in-house parking enforcement program to augment OCSD’s parking management efforts. The full staffing outlay is provided in Attachment 2.
Staff recommends the City Council approve the attached OCSD Agreement and authorize the Mayor to sign the document (Attachment 1). The 2023-2025 Operating Budget includes sufficient funding to cover the costs of the recommended action.
FISCAL IMPACT:
The total cost of the proposed OCSD Agreement for Fiscal Year 2024-25 is $21,360,473. The 2023-2025 Operating Budget includes sufficient funding to cover the costs of the recommended action.
ATTACHMENTS:
1. Agreement for Law Enforcement Services with Orange County Sheriff’s Department for Fiscal Year 2023-24
2. Orange County Sheriff’s Department Fiscal Year 2024-25 Staffing Plan
3. Lake Forest Police Services 2023 Annual Report
Initiated By: Sean McGovern, Deputy City Manager
Submitted By: Sean McGovern, Deputy City Manager
Approved By: Debra Rose, City Manager
Item: 11
451