Lake Forest City Council
June 4, 2024

AGENDA

LAKE FOREST CITY COUNCIL
Regular Meeting of the City Council
Tuesday, June 4, 2024
Public Session 6:30 p.m.

City Council Chambers, 100 Civic Center Drive, Lake Forest, California NOTICE: Pursuant to Lake Forest Municipal Code Section 2.04.010, Regular Meetings of the City Council are held the First and Third Tuesday of each month at the hour of 5:30 p.m. for Closed Session matters, if required.

The Public Session of the meeting shall commence at 6:30 p.m. or as soon thereafter as possible. Special Meeting times may be held at a different time and date as listed on the Agenda.

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

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

AGENDA ON SOCIAL MEDIA: This meeting will be streamed through Facebook Live. Comments will not be taken via Facebook Live. The City provides the Facebook Live stream as an additional service to the public.

However, the City cannot guarantee that its network and/or the site will be uninterrupted. The City is not responsible for any interrupted service.

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

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

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

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

TRANSLATION SERVICE:

Interpreters are available by request to members of the public that prefer to make their public comments in Spanish or Chinese. Requests for a translator need to be received by 8:00 a.m. the Monday before the June 4, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 1 scheduled City Council meeting. Such requests must be received via email at [email protected]
Los intérpretes están disponibles previa solicitud para el público que prefiera hacer sus comentarios públicos en español o chino. Las solicitudes de traductor deben recibirse antes de las 8:00 a. m. del lunes anterior a la reunión programada del Concejo Municipal. Dichas solicitudes deben recibirse por correo electrónico a [email protected]
如果大眾願意用西班牙語或中文發表公開評論，我們可應要求提供口譯服務。需要在預定市議會會議之前的周一
上午 8:00 之前收到翻譯請求。此類請求必須透過電子郵件收到：[email protected] Rúguǒ dàzhòng yuànyì yòng xībānyá yǔ huò zhōngwén fābiǎo gōngkāi pínglùn, wǒmen kě yīng yāoqiú tígōng k ǒuyì fúwù. Xūyào zài yùdìng shì yìhuì huìyì zhīqián de zhōuyī shàngwǔ 8:00 Zhīqián shōu dào fānyì qǐngqiú. Cǐ l èi qǐngqiú bìxū tòuguò diànzǐ yóujiàn shōu dào: [email protected] CALL TO ORDER:

Council Members:

Mayor Pro Tem:

Mayor:

City Manager:

City Attorney:

City Clerk:
6:30 p.m.

Doug Cirbo
Robert Pequeño
Benjamin Yu
Scott Voigts
Mark Tettemer
Debra Rose
Matthew E. Richardson
Lisa Berglund
PUBLIC SESSION: 6:30 p.m.

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

INVOCATION: The Invocation will be provided by Chris Graham, Lake Forest Ward of the Church of Jesus Christ of Latter-day Saints.

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country to be led by Girl Scout Troop #8629.

PRESENTATIONS (Item Nos. 1 – 3)

1. INTRODUCTION OF CHIEF OF LAKE FOREST POLICE SERVICES June 4, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 2

OCSD CAPTAIN DAVID PULTZ
RECOMMENDED ACTION: Receive and File Presentation.

2. LAKE FOREST MULTICULTURAL FESTIVAL
RECOMMENDED ACTION: Receive and file a presentation introducing the City's upcoming Multicultural Festival to be held on June 8, 2024.

3. TASTE OF LAKE FOREST RETURNS
RECOMMENDED ACTION: Receive and file the 2024 Taste of Lake Forest presentation.

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

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

CONSENT CALENDAR (Item Nos. 4 – 12)
All matters listed under the Consent Calendar are considered routine and will be enacted by one vote. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request specific items be removed from the Consent Calendar for separate action.

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

5. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MAY 21, 2024
RECOMMENDED ACTION: Approve as submitted.

June 4, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 3

6. INDEPENDENCE DAY PARADE ROAD CLOSURES AND RELATED
ACTIVITIES ON JULY 4, 2024
RECOMMENDED ACTION: 1. Approve road closures of race and parade route from 5:00 a.m. - 2:00 p.m. on July 4, 2024. 2. Direct Public Works to provide required traffic control devices and crews for road closures. 3.

Direct the Orange County Sheriff’s Department to staff road closures and patrol events. 4. Approve additional street sweeping of the route.

7. FIRST AMENDMENT TO AGREEMENTS WITH ARDURRA GROUP, INC.

AND ANNEALTA GROUP FOR MUNICIPAL ENGINEERING/ STAFF

AUGMENTATION SERVICES
RECOMMENDED ACTION: 1. Approve the First Amendment to the Professional Services Agreement with Ardurra Group, Inc. for Municipal Engineering/ Staff Augmentation Services. 2. Approve the First Amendment to the Professional Services Agreement with Annealta Group for Municipal Engineering/ Staff Augmentation Services. 3. Authorize the Mayor to execute, and the City Clerk to attest, the First Amendment to the Agreement with Ardurra Group, Inc., substantially in the form attached. 4.

Authorize the Mayor to execute, and the City Clerk to attest, the First Amendment to the Agreement with Annealta Group, substantially in the form attached.

8. AWARD OF AGREEMENT FOR JANITORIAL SERVICES AT THE

SPORTS PARK AND RECREATION CENTER
RECOMMENDED ACTION: 1. Approve the Agreement for Maintenance Services with a compensation amount of $300,000 to Crown Facility Solutions for janitorial maintenance services at the Sports Park and Recreation Center. 2. Authorize the Mayor to sign, and the City Clerk attest, the Agreement for Maintenance Services with Crown Facility Solutions, substantially in the form attached.

9. AWARD OF AGREEMENT FOR BUS SHELTER MAINTENANCE

SERVICES
June 4, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 4 RECOMMENDED ACTION: 1. Award Agreement for Maintenance Services in the amount of $211,145.70 to ShelterClean Services, Inc., for Bus Shelter Maintenance Services. 2. Authorize the Mayor to sign, and the City Clerk to attest, the award of contract to ShelterClean Services, Inc., substantially in the form attached.

10. AWARD OF CONTRACT FOR LAKE FOREST CITYWIDE ELECTRICAL

MAINTENANCE SERVICES
RECOMMENDED ACTION: 1. Award an Agreement for Maintenance Services in the amount of $397,200 to Access Electrical Services, Inc., for Lake Forest Citywide Electrical Maintenance Services. 2. Authorize the Mayor to sign, and the City Clerk to attest, the award of an Agreement for Maintenance Services to Access Electrical Services, Inc., substantially in the form attached.

11. FIRST AMENDEMENT TO THE AGREEMENT WITH CONVERGINT

TECHNOLOIGIES, LLC FOR CCTV MAINTENANCE SERVICES FOR
FISCAL YEAR 2024-25
RECOMMENDED ACTION: 1. Approve the First Amendment to the Agreement with Convergint Technologies, LLC for CCTV Maintenance for Fiscal Year 2024-25. 2. Authorize the Mayor to sign, and the City Clerk to attest, the First Amendment to the Agreement, substantially in the form attached.

June 4, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 5

12. CONSIDERATION OF THE SMALL BUSINESS DEVELOPMENT CENTER (“SBDC”) MAIN ST. DIGITAL PROGRAM
RECOMMENDED ACTION: 1. That the City Council authorize the City Manager to negotiate and enter into an Agreement with the Cal State University Fullerton Auxiliary Services Corp for the provision of Main St.

Digital Services. 2. Adopt a Resolution Entitled: A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA,
AMENDING THE 2023-2025 OPERATING BUDGET; AMENDING
APPROPRIATIONS FOR FISCAL YEAR 2023-24.

DISCUSSION/ACTION ITEMS (Item Nos. 13 – 15)
The following matters are for City Council consideration/discussion/action. Members of the public may have the opportunity to address these items if they wish to do so. Please complete the Request to Speak form and give to the City Clerk.

13. AWARD AGREEMENT FOR RESIDENTIAL AND COMMERCIAL SOLID

WASTE COLLECTION SERVICES
RECOMMENDED ACTION: 1. Approve Agreement for the Collection, Transportation, Processing, and Diversion of Recyclable Materials, Food Scraps, Yard Trimmings, Construction and Demolition Debris and Other Materials, and for the Collection, Transportation, and Disposal of Municipal Solid Waste to CR&R, Incorporated. 2. Authorize the Mayor to sign, and the City Clerk to attest, the Solid Waste and Recycling Agreement substantially in the form attached. 3. Direct staff to set a public hearing to adopt proposed rates in accordance with Proposition 218.

June 4, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 6

14. FISCAL YEAR 2024-25 BUDGET APPROPRIATION
RECOMMENDED ACTION: 1. 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. 2. Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LAKE FOREST, CALIFORNIA, APPROPRIATING FUNDS FOR FISCAL YEAR 2024-25 ONLY AND AUTHORIZING CERTAIN ACTIONS WITH APPROPRIATIONS.

15. CALIFORNIA CONSITUTION ARTICLE XIIIB APPROPRIATIONS LIMIT RECOMMENDED ACTION: Adopt a Resolution entitled: A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, APPROVING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-25 IN THE AMOUNT OF $166,646,632

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

June 4, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 7

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

Council Member Cirbo:

Council Member Pequeño:

Council Member Yu:

Mayor Pro Tem Voigts:

Mayor Tettemer:

June 4, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 8

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

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

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

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

Phone: (949) 461-3400. FAX (949) 461-3511
CERTIFICATION: I, Lisa Berglund, City Clerk of the City of Lake Forest, California, hereby certify that the foregoing agenda was posted for public review at City Hall on May 30, 2024.

Lisa Berglund
City Clerk

CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/4/2024
DEPARTMENT: City Manager
SUBJECT:

INTRODUCTION OF CHIEF OF LAKE FOREST POLICE SERVICES OCSD

CAPTAIN DAVID PULTZ
RECOMMENDED ACTION(S):

Receive and File Presentation.

EXECUTIVE SUMMARY:

After an extensive interview process, Captain David Pultz has been selected to serve as the City’s new local chief. Captain Pultz joined the Orange County Sheriff’s Department in 1998 and worked in three of the department’s jail facilities – James A. Musick, Theo Lacy, and the Intake Release Center. In 2007, he served in Patrol Operations for the City of Rancho Santa Margarita and then the City of San Clemente, where he was named Deputy of the Year. In 2011, he was selected for the Special Investigation Bureau’s South Gang Enforcement Team and served nearly four years leading investigations into various gangs.

Captain Pultz was promoted to investigator in 2015, and worked a variety of assignments, including the Professional Standards Division as a background investigator, the North Vice and Narcotics Detail and Special Operations, running dignitary protection, and conducting criminal investigations. In 2019 he was promoted to sergeant and worked for the Special Services Bureau, Patrol Operations in Mission Viejo, and led the South Directed Enforcement Team, among other assignments. Most recently, Captain Pultz served as a lieutenant at the Intake Release Center, overseeing the operational authority and safety of inmates and personnel.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

None.

Item: 1
9 Initiated By: Nidia Ruelas, Assistant to the City Manager Submitted By: Debra Rose, City Manager
Approved By: Debra Rose, City Manager
Item: 1
10 CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/4/2024
DEPARTMENT: Management Services
SUBJECT:

LAKE FOREST MULTICULTURAL FESTIVAL
RECOMMENDED ACTION(S):

Receive and file a presentation introducing the City's upcoming Multicultural Festival to be held on June 8, 2024.

EXECUTIVE SUMMARY:

On October 17, 2023, the City Council directed staff to produce the City’s first Multicultural Festival. Since receiving City Council direction, staff have worked to secure the attendance of dance groups, music acts, entertainers, artists, and food vendors representative of a variety of cultures throughout the world. This free event will be both entertaining and educational to attendees interested in exploring unique cultural offerings. The event will be held on the Civic Center Campus. Producing the Multicultural Festival will satisfy SP#54 of the City’s Strategic Business Plan.

Tonight, staff plan to provide a presentation to the City Council summarizing the details of the Multicultural Festival.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

Multicultural Festival Flyer
Initiated By: Nicole Houston, Management Analyst
Submitted By: Sean McGovern, Deputy City Manager
Approved By: Debra Rose, City Manager
Item: 2
11 ATTACHMENT
Item: 2
12 Item: 2
13 CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/4/2024
DEPARTMENT: City Manager
SUBJECT:

TASTE OF LAKE FOREST RETURNS
RECOMMENDED ACTION(S):

Receive and file the 2024 Taste of Lake Forest presentation.

EXECUTIVE SUMMARY:

The Taste of Lake Forest is an annual event hosted since 2011 with the Lake Forest Chamber of Commerce. The event provides a platform for local restaurants to showcase their culinary offerings, fostering community engagement and celebrating the diverse flavors of Lake Forest's dining scene.

The event will return in 2024, cohosted by the Chamber of Commerce and sponsored by Orange County Supervisor Donald P. Wagner and OC Parks, on June 21, 2024, at Heritage Hill Historic Park, from 4:30 to 8:00 p.m.

Attendees can anticipate a range of experiences, including sampling dishes from over 25 local restaurants, enjoying a beer and wine garden, participating in a raffle, and being entertained by live music from 90s Rockshow. Tickets priced at $40 per person, available exclusively to individuals aged 18 and up, can be purchased through the event's website. Updates will be provided on the event’s webpage TasteofLF.com and on social media.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended item.

ATTACHMENTS:

None.

Initiated By: Adrian Grijalva, Economic Development/Housing Manager Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
Item: 3
14 CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/4/2024
DEPARTMENT: City Clerk
SUBJECT:

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

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

EXECUTIVE SUMMARY:

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

FISCAL IMPACT:

There is minimal fiscal impact associated with the recommended action.

ATTACHMENTS:

None.

Submitted By: Lisa Berglund, MPA, City Clerk
Approved By: Debra Rose, City Manager
14 Item: 4
15 MINUTES OF A REGULAR MEETING

OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST

The regular meeting of the City Council of the City of Lake Forest held Tuesday, May 21, 2024, at the Lake Forest City Council Chambers, 100 Civic Center Drive, Lake Forest, California, was called to order at 6:30 p.m. with all members present.

ROLL CALL:

Council Members:

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

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

INVOCATION: The Invocation was provided by Peace Center Pastor Vanessa Burdick, Saddleback Church.

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Boy Scout Troop #628.

PUBLIC COMMENTS:

James Hong urged the Council to consider events celebrating the United States as a Christian nation.

Andrew O’Connor expressed concerns about the City Manager evaluation process, the costs of sinkhole repairs, flock cameras, and facility maintenance, and with Council Members Yu and Pequeño.

Nikita Ganatra thanked Council Member Pequeño for supporting the screening of ‘The Right to Read’ and provided information on literacy. She read a statement from a student expressing concern with the safety of a parking lot in Foothill Ranch.

Sean Fletcher expressed concerns with Andrew O’Connor’s statements about the Clean Lake Forest event, zika virus, and the homeless point-in-time count.

Council Member Pequeño provided information addressing Andrew O’Connor’s email stating a mosquito with zika virus was found in Foothill Ranch. He read into the record excerpts of a statement from Orange County Mosquito and Vector Control District (OCMVCD) indicating OCMVCD has not found any mosquitos that are actively carrying the zika virus in Orange County. He reiterated that all tracking information is available to the public through public records requests made to OCMVCD.

Item: 5
16 May 21, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 2 of 5 CONSENT CALENDAR: (Item Nos. 1 – 9)
Item Nos. 6 – 8 were pulled for discussion.

STATEMENTS READ INTO THE RECORD:

Council Member Cirbo: There are warrants on the register to All City Management Services. My wife is an employee of the ACMS and I have determined that I have a remote interest in these warrants and will abstain from voting on these warrants.

Mayor Pro Tem Voigts: There are warrants on the register to the County of Orange. I am an employee of the County of Orange, but I do not work for the departments that generated the warrants. Because the County of Orange is a public agency and because I do not work for the departments in question, I have determined that I have a non-interest in these warrants and will vote on this item.

MOTION: It was moved by Mayor Pro Tem Voigts, seconded by Council Member Yu, to approve Consent Calendar Item Nos. 1 – 5, and 9. The motion was carried by a vote of 5/0, with Council Member Cirbo abstaining from the All City Management Services warrant.

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

2. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MAY 7, 2024
ACTION: The minutes were approved as submitted.

3. CERTIFICATION OF WARRANT REGISTER
ACTION: The warrant register was approved in the amount of $5,009,196.12.

4. CEQA GUIDELINES: UPDATED 2024 IMPLEMENTATION GUIDELINES FOR

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
ACTION: A Resolution Entitled: A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING AND ADOPTING

LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (PUB. RESOURCES CODE 21000 ET SEQ.) was adopted.

5. AWARD CONSTRUCTION CONTRACT FOR PITTSFORD PARK SHADE STRUCTURE CANOPY REPLACEMENT PROJECT (PW 2023-09)
Item: 5
17 May 21, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 3 of 5 ACTION: 1. 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 was adopted. 2. A Construction Contract in the amount of $221,000 was awarded to Williamson Development Group, Inc. 3. All other bids received were rejected and return of the bid bonds upon receipt of the executed contract documents from Williamson Development Group, Inc. was authorized. 4. The Mayor was authorized to sign, and the City Clerk to attest the Construction Contract with Williamson Development Group, Inc.

9. AWARD OF CONTRACT FOR LAKE FOREST CITYWIDE ON-CALL FACILITY

AND PARK MAINTENANCE SERVICES
ACTION: 1. An Agreement for Maintenance Services in the amount of $484,200 was awarded to Jamey Clark, Inc., for Lake Forest Citywide On-Call Facility and Park Maintenance Services 2. The Mayor was authorized 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.

ITEMS PULLED FOR DISCUSSION: (Item Nos. 6 – 8)

6. AWARD OF CONTRACT FOR CIVIC CENTER FACILITY MANAGEMENT

SERVICES
Andrew O’Connor expressed concerns with the cost of the agreement.

MOTION: It was moved by Council Member Yu, seconded by Mayor Pro Tem Voigts, to: 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. The motion was carried by a vote of 5/0.

7. AWARD OF CONTRACT FOR SHOPPING CENTER ANALYSIS CONSULTING

SERVICES
Andrew O’Connor expressed concerns with the cost of the agreement.

MOTION: It was moved by Mayor Pro Tem Voigts, seconded by Council Member Yu, to: 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. The motion was carried by a vote of 5/0.

Item: 5
18 May 21, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 4 of 5

8. AWARD OF CONTRACT FOR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") CONSULTING
Andrew O’Connor questioned the City’s decision to contract with Willdan Engineering and expressed concerns with the cost of the agreement. Council Member Cirbo stated that the City’s former CDBG consultantis retiring. Nakita Ganatra expressed her appreciation of City staff, the City Council and the CDBG program.

MOTION: It was moved by Mayor Pro Tem Voigts, seconded by Council Member Yu, to: 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. The motion was carried by a vote of 5/0.

DISCUSSION/ACTION ITEMS: (Item Nos. 10 – 11)

10. 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.

City Manager Rose introduced this item and invited Economic Development/Housing Manager Grijalva to provide a presentation. Andrew O’Connor offered public comment and expressed his concerns about the program. Council questions were asked and answered.

MOTION: It was moved by Mayor Pro Tem Voigts, seconded by Council Member Yu, to: 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. The motion was carried by a vote of 5/0.

11. AGREEMENT WITH THE COUNTY OF ORANGE FOR LAW ENFORCEMENT

SERVICES
City Manager Rose introduced this item and invited Deputy City Manager McGovern to provide a presentation. Andrew O’Connor offered public comment and expressed concerns with the cost of the agreement. Council questions were asked and answered.

Item: 5
19 May 21, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 5 of 5 MOTION: It was moved by Mayor Pro Tem Voigts, seconded by Council Member Yu, to approve and authorize the Mayor to sign the Agreement with the County of Orange for Law Enforcement Services for Fiscal Year 2024-25. The motion was carried by a vote of 5/0.

CITY MANAGER'S REPORT: City Manager Rose provided an update on the Taste of Lake Forest event.

CITY COUNCIL COMMENTS:

Council Member Cirbo: Council Member Cirbo thanked Nikita Ganatra for her comments during the meeting. He reported on his
attendance at the Valhallan Esports Training Arena
ribbon cutting event, the ACC-OC Golden Hub
Awards, and the Kids Feeding Kids event at the Terra
Nova Church. He recognized veterans in anticipation
of Memorial Day.

Council Member Pequeño: Council Member Pequeño reported on his attendance at the Goodwill of Orange County and Valhallan
Esports Training Arena ribbon cutting events, the
Right to Read screening hosted by Soroptimist, and
the Kids Feeding Kids event. He thanked staff for their hard work.

Council Member Yu: Council Member Yu thanked Nikita Ganatra for her comments during the meeting and thanked staff for
their effort on the translation services policy.

Mayor Pro Tem Voigts: Mayor Pro Tem Voigts thanked Nikita Ganatra for her work in the community.

Mayor Tettemer: Mayor Tettemer reported on his attendance at the Valhallan Esports Training Arena ribbon cutting event,
the ACC-OC Golden Hub Awards, and an Eagle
Scout Court of Honor event.

ADJOURNMENT: The Regular Meeting of the City Council was adjourned at 7:50 p.m.

Respectfully submitted:

APPROVED:

Item: 5
20 May 21, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 6 of 5

LISA BERGLUND MARK TETTEMER

CITY CLERK MAYOR
Item: 5
21 SUBJECT:

CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/4/2024
DEPARTMENT: Management Services

INDEPENDENCE DAY PARADE ROAD CLOSURES AND RELATED
ACTIVITIES ON JULY 4, 2024
RECOMMENDED ACTION(S):

1. Approve road closures of race and parade route from 5:00 a.m. - 2:00 p.m. on July 4, 2024.

2. Direct Public Works to provide required traffic control devices and crews for road closures.

3. Direct the Orange County Sheriff’s Department to staff road closures and patrol events.

4. Approve additional street sweeping of the route.

EXECUTIVE SUMMARY:

The City’s 31st Annual Fourth of July Parade Celebration is scheduled to take place on Thursday, July 4, 2024. The Parade Committee, comprised of community volunteers and staff, is coordinating the celebration. The event will begin with a pancake breakfast hosted by the Lake Forest Kiwanis Club near the El Toro High School Administration Building at 7:00 a.m. The 5K/1K Run/Walk put on by the El Toro Parent-Student-Teacher Organization (“PTSO”) will also commence at 7:00 a.m. (Attachment 1).

The Parade will begin at 9:30 a.m. at El Toro High School and is routed along Toledo Lane, Lake Forest Drive, and Serrano Court. Staff requests City Council approval of necessary street closures and required support services (Attachment 2). The above recommended actions would authorize the necessary related logistical requirements for the parade.

Item: 6
22 FISCAL IMPACT:

The 2023-2025 Operating Budget includes sufficient funding to cover the costs of the recommended action.

ATTACHMENTS:

1. 5K/1K Race Route

2. Fourth of July Parade Route Including Road Closures and Signage Initiated By: Courtney Wysocki, Senior Recreation Supervisor Submitted By: Sean McGovern, Deputy City Manager
Approved By: Debra Rose, City Manager
Item: 6
23 ATTACHMENT 1
Item: 6
24 1K Race
5K Race
5K/1K Race Route
Item: 6
25 ATTACHMENT 2
Item: 6
26 The City of Lake Forest Fourth of July - Parade Route

LAKE FOREST DR

TOLEDO WY

SERRANO RD

VIA DEL RIO

OVERLAKE DR

RIMHURST DR
LEO LN

APACHE DR

OLD TRABUCO RD

KILLY ST

BELQUEST DR

RUMBLE DR

RIVENDELL DR

PIZARRO RD

ROMERA PL

ORCHARD RIM LN

WILLARD AV
TAMA
DR

RIMGATE DR

SHAWNEE DR

ROLLINGWOOD RD
Q
U
IE
T
O
A
K
D
R
JUBILO
PL

WANDERINGLN

VISTA FUSCO

LE PARC

SAWMILL LN

CEDARSPRING

RIDGE LN

LOUMONT DR

MAMMOTH CIR
TW
INFORD
DR

CAMPO ROJO

CLEMENS LN

TREESHADE LN

MARYLHURST CTCHESTNUT LN
SYCAMO
RE
PO
INTE
G

REENTREE LN

EXTON WY

HORSE SHOE

S OUTHBROOK

SHOSHONE DR

PINO LN

MORNINGSTAR RD

COSTA BELLA DR

PRAIRIE RD
NUGGET

LANTERN LN

NAVAJO DR

REVERE RD

MILES AV

WINTERWOOD DR
M

NTCLIFF DR

SIOUX DR

BROOKHAVEN

BROADLEAF

REGAL WY

HAZELWOOD
UTE WY

SHASTA LAKE RD

TRAILWAY LN

GOLDRUSH

WINDING
W
Y

DEBRA ST

BONITA LN
M

E S A W Y

ROCKFORD DR

COMANCHE RD

KINSALE DR

CA MINO
VILLA

NEWVALE DR

AUBURN DALE DR

LAKE VISTATA DR

BAYES ST

EVEREVE CIR

SHAVER LAKE CIR

ANTHONY
DR

ZUNI DR

M A D R ID D R

DAYTON DR

FOXBORO
UGH
W
Y

OWENS LAKE CIR

SILVER SPUR

PARKWOOD ST

E VENINGSIDE LN

GLENWOOD D R
VIA

SERPIENTE

SUNSET LN

CINERIA WY

G A LA XY LN

GINGER RD

OAK CREEK LN

M AL AGA WY

SHADOWFAX DR

CHEROKEE WY
PERTH
W
Y

CINNAMON RD

CROL LN

CHAPEL HILL DR

QUEENSBURY DR

COLEFORD ST

KENMARE DR

BROOKMONT

WOODHILLLN

ELDAMAR AV

KNO LLWOOD

LEAFLOCK ST

PINE FLAT CIRNORTHWOOD LN
R
IO
VERDE
R
IM
POINTE

WINDWOOD LN

GREENHILL

SAXON WY

CASTLEWOOD

VIEW POINTE

POLARIS LN

VICAR WY

WINNEBAGO LN

EUCALYPTUS LN

LAKELAND AV
OSAGE
W
Y

WICKLOW
LN

VIA VERDE
W
O
ODS
ID
E
LN
VIA

INVIERNO

RED RIVER DR
LA

KEFIELD
ST

VISTA SERRANO

ASHBY WY

ARDERCT

GLENACRES

TAURUS LN

TREELINE LN

TIMBERLI

GREENBANK

WESTOVER CIR

FOREST KNOLL LN

HAZELNUT LN

TANBARK LN
TIM
B
E
R
W
O
O
D
W
Y
VIA
DEL
ANGEL

HEATHEROW CIR
CRYST
AL
C
IR
SH A
D Y

VALE L N

DARTMOUTH CIR
FALLEN
LEAF
RD

PARTIDO LN

CHARWOOD CIR

SITIO VERANO
R
IM
VIEW

BRIARCROFT

FORESTHILL

PRINCETON WY

FERNWOOD ST

VIA LOBO
W
OOD
GLEN
CIR

CAMINO PAPAL

TIPPERARY
LN

CAROLWOOD

CHEYENNE WY

COLDBROOK

WILLIAMSBURG CT

LOGANBERRY LN

GLENNHURST

BLOSSOM PARK ST
YE
LLO
W
STO
N
E
LN

BLUEBERRY LN

IRONBARK L
N

W IN D W ARD W Y

SHADE TREE LN

D OVE TREE LN

RAV ENSWOOD
W
OOD
CREST
CIR

VIA SOMBREADA
LA
BRISA
RD
CLAUDE
CIR
W

OODRIDGE

CHAPARRAL LN

CALLE OTONO

PRADO LN

VILLAGE WOOD LN
W
OOD
SHADOW
LN

DUNKENFIELD
CIR

MEADOWVIEW LN

CAMINORAYO

TETON WY
KIRKWO
OD

TUMBLEWEED CIR
CEDAR
PO
IN
TE

RADA AV

LIMERICK LN
SHADY
GRO
VE
CIR

EAGLE LAKE CIR

TREERIDGE LN
P EW
TER
LN

VIA CASTILLA

WESTWOOD LN

JONATHA N AV

BENNETT

CHINOOK DR

KILLARNEYDR

SAGEBRUSH CIR

TUSCAN WY

SILVER DOLLAR

ALDERWOOD

M ONT P O IN TE

CANARD LN

HOPI LN
TIA CT

SARAH LN

TIMBERLAND WY

PANA CT

GREENWOOD LN

RIMROCK ST

RUDOLPH CIR

TIMBERCREEK C

HEARTWOOD
CIR

WOODHUE CT

TRABUCO RD

CAMPO ROJO
CLAUDE
CIR

JERONIMORD

CAVANAUGH RD
JER
O
NIM
O
LN

COSTA BELLA DR

COLEFORD ST

DUNKENFIELD CIR

CALLE EL TORO GRANDE

SINGINGWOODS DR

CHASTER RD

HUMMINGBIRD LN

CROCKER LN

STEINWAY CIR

SUZIE LN

SWEETGRASS CIR

AWLSBURY CT

SLEEPY HOLLOW TERRACE

BENT TREE LN

WAGAR ST

WILLOW BEND

DONNA LN

EIVON LN

LONGWOOD LN

ELKWOOD

RIDGEWOOD CIR

MOHAWK DR

BASS LAKE CIR

SUMMERWIND LN

VALLEY RIM TERRACE

CRESTBROOK

GROVESIDE LN

TRAILVIEW TERRACE

BUFFWOOD WY

CANYON RIM PL

MAZA CT

REDWOOD POINTE

KERRY CT

SCOTT LN

BRITTLEWOOD
CIR

SHADY RIM CIR

CENTER POINTE

ROCHELLE LN

MEADOWWOOD

SHADY HOLLOW
CIR

FALL CREEK CIR

FOREST RIM

VIEW CIR
El Toro
High School
Rancho
Cañada
Elementary
School
Heritage Hill
Plaza
Lake Forest
Park
Park Place
Ranchwood
Serano
Creek
Ranch Serrano
Place
La Madera
Elementary
School
Sycamore
Plaza
7 2
8 13
14 9
4 10
15 21
16 5
11 6
12 17
18 1
19 20 22
23 Restricted
Parking
General Parking
& De-Staging
AreaVIP Grandstand
Ridge Route
Closed at 9:15am
Judging
Parade entrants
shall continue on to
Ridge Route without
slowing the pace.
3 Equestrian
Staging
Restricted
Parking
Longwood
Closed
IR
at 9:15am
Serano
Closed at 9:15am
General
Information Primary
Staging
Start
Car Club
Check-in
and Staging
Ambulance
Location
Primary Check-in
Location
(Toledo & Killy)
A
B
C
D Ridge Route
& Jeronimo
E
Lake Forest
& Jeronimo
Toledo
& Bake
Toledo
& SeranoF
Race Starts
at 7:00 am
Lake Forest
& Trabuco

EL TORO RD

RIDGE ROUTE DR
Shopping
Center
24 Band
Check-in
& Staging
Dayton
Closed at 9:15am

2.1 TV
F
Legend
A
1 Road
Closures
SignageF
24 Parking
General
Pancake
Breakfast
Item: 6
27 CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/4/2024
DEPARTMENT: Public Works
SUBJECT:

FIRST AMENDMENT TO AGREEMENTS WITH ARDURRA GROUP, INC. AND

ANNEALTA GROUP FOR MUNICIPAL ENGINEERING/ STAFF

AUGMENTATION SERVICES
RECOMMENDED ACTION(S):

1. Approve the First Amendment to the Professional Services Agreement with Ardurra Group, Inc. for Municipal Engineering/ Staff Augmentation Services.

2. Approve the First Amendment to the Professional Services Agreement with Annealta Group for Municipal Engineering/ Staff Augmentation Services.

3. Authorize the Mayor to execute, and the City Clerk to attest, the First Amendment to the Agreement with Ardurra Group, Inc., substantially in the form attached.

4. Authorize the Mayor to execute, and the City Clerk to attest, the First Amendment to the Agreement with Annealta Group, substantially in the form attached.

EXECUTIVE SUMMARY:

The Public Works Department uses consultants to provide municipal engineering services for applicant-initiated activities, as well as provide contract staff on an as-needed basis. The City requires continued support from Ardurra Group, Inc. (“Ardurra”) and Annealta Group (“Annealta”), to provide timely plan checks of development plans, construction inspection in new developments, and inspection for encroachment permit activities in the public street right-of-way.

The proposed First Amendment to the Agreement for Ardurra would extend the term of the agreement for the first one-year extension to June 30, 2025, and update the billing rate sheet to reflect each consultant’s current hourly rates. In addition, the amendment would increase the total compensation amount by $700,000 to a total compensation amount of $4,000,000 to provide for continued services for the next year. Most of this increase is directly reimbursable by Item: 7
28 development deposits. As the original agreements did not include the City’s current Consumer Price Index (“CPI”) cap language for rate increases, the rates in the amendments reflect the current hourly rates for the consultants. Based on recent City procurements, the rates appear to reflect market rates for engineers and inspectors.

The proposed First Amendment to the Agreement for Annealta would extend the term of the agreement for the first one-year extension to June 30, 2025, and update the billing rate sheet to reflect each firm’s current billing rates. The current total compensation amount under the agreement with Annealta is sufficient to accommodate the proposed rate increases and term extension.

Staff recommends the City Council approve the proposed First Amendment to the Agreement with Ardurra and the First Amendment to the Agreement with Annealta. The proposed amendments were prepared by the Finance Department and approved as to form by the City Attorney.

BACKGROUND:

On June 1, 2021, the City Council approved Professional Consultant Services Agreements with Ardurra (Attachment 1) and Annealta (Attachment 2) for professional municipal engineering services with total compensation amounts of $3,300,000 and $750,000, respectively (“Original Agreements”). Each agreement also includes an initial term from July 1, 2021, to June 30, 2024, and an option for two additional one-year terms.

The Public Works Department utilizes a municipal engineering contract to provide public works and engineering support on an as-needed basis. This includes supplemental staff services, office support, engineering design services, and plan check and inspection of development-related projects. Historically, there has been a greater need for services that provide plan checks for tract maps, grading plans, street improvements plans, and inspections of permitted work.

Currently, there are two major residential development projects within the city.

In the next year, staff anticipates continuing to review development plans for: the last phase of the Toll Brothers Meadows development with 57 residential units; and Portola Center - The Oaks with over 100 residential units remaining to be constructed. In addition, two fiber internet companies are installing fiber internet within the right-of-way throughout the city. Given these projects and the work these developments generate, staff anticipates the level of land development and encroachment activities will continue to require additional plan check and inspection as the continuing development of these properties and fiber installation proceeds toward build-out.

Item: 7
29 The contract service model allows the City flexibility by augmenting or reducing contract staff as required without interrupting services to residents, businesses, or developers, while continuing to meet service goals. The scope of work includes:
• Land use development application review
• Development plan and permit review
• Inspection of development and encroachment projects
• Design and project management of capital improvement projects • “As-Needed” Public Works Staff Augmentation
Given the need for these services and the magnitude of the projects and related processing, staff utilizes two consultants to ensure the City can meet the potential demand for development-related services. This allows staff to appropriately meet the demands of City services for project management, plan checking, and construction inspection when needed. This multiple consultant approach provides the City with greater flexibility in assigning time-sensitive work to consultants for a specific project or task. In exercising this flexibility, staff would evaluate the merits of the proposed consulting staff and select the best candidate based on specific qualifications, cost, and personnel best suited to provide the requested services. The services provided by the consultants are on a not-to-exceed, on-call basis, based on the actual needs of the City at any time.

In addition, deposits are collected for development and encroachment plan check and inspection services from the project applicants for private developments and encroachment permits.

DISCUSSION:

Per the Original Agreements with Ardurra and Annealta, the proposed First Amendments would extend the contracts by using the first optional one-year term extension under the agreement. Article 3.3.5 in each of the Original Agreements allows the consultant to request an adjustment in compensation at the time of renewal of the agreement.

Per Article 3.3.5, Ardurra requested to revise rates to reflect their current rates due to the cost of doing business increasing over the previous three years. The proposed rates include an average 16% increase and reflect the current rates for the consultant for the additional year of services. Staff reviewed agreements for similar services, namely Construction Administration/Construction Inspection Services (“CACI”), that are comparable to these agreements for municipal engineering services. The comparison of hourly rates is shown in Table 1 and support that the procurement of these services would likely yield similar hourly rates to the rates being requested by the consultant and proposed in the First Item: 7
30 Amendment with Ardurra. The First Amendment also adds a CPI escalator/cap clause that would cap any future rate increases at the CPI.

Table 1: Comparison of Hourly Rates
Consultant Services Date Engineer Inspector
FCG
Consultants, Inc. CACI Awarded
May 7, 2024 $234 $148
Transtech CACI Awarded
December 2023 $225 $150
Z&K
Consultants, Inc. CACI Awarded
May 7, 2024 $159 $140
Ardurra Municipal
Engineering
Proposed
June 4, 2024 $201* $164*
Annealta Municipal
Engineering
Proposed
June 4, 2024 $190* $164*
*When there are multiple positions with a similar title (e.g. Engineer I, Engineer II, etc.), the highest hourly rate is used for comparison.

Ardurra provides development plan check and development inspection services as well as encroachment inspection services. Approval of the First Amendment would ensure continuity and efficiency in ongoing and future projects. Re- procurement of these services would result in a six-month delay, disrupting development and encroachment inspections, which would impact construction timelines, increase costs for developers, and stall progress on infrastructure and development projects. The consultant’s familiarity with the City's standards and regulations, established rapport with developers, and proven track record will ensure that services are maintained without interruption. Additionally, a rate increase can be justified by inflationary pressures and the increasing complexity of projects, ensuring that the City continues to receive high-quality and timely inspection services.

The proposed First Amendment to the Agreement with Ardurra would increase the compensation amount by $700,000, to bring total compensation under the agreement from $3,300,000 to $4,000,000, to provide resources to plan check and provide construction inspection for FY 2024-25 (Attachment 3). The current not-to-exceed contract amount with Ardurra is $3,300,000 for the current contract term, July 1, 2021, to June 30, 2024. Through March 2024, 89% of the original agreement term, Ardurra has performed $2,984,123 worth of work or 90% of the agreement compensation.

Pursuant to the City’s Purchasing and Contracting Guidelines, staff completed a vendor performance assessment for Ardurra for the proposed contract amendment. The vendor performance assessment is used as a guide to Item: 7
31 determine whether a contract should be amended, renewed, or terminated based on performance in the following categories: performance of scope of services; timeliness; budget performance; and customer service. Utilizing an evaluation form, staff rates the consultant in each category as shown in Table

2. Table 2: Ardurra Performance Assessment
Ardurra Group Inc. – Performance Review
July 1, 2021 through May 23, 2024
Category Unsatisfied – Very Satisfied
Performance of Scope of
services
☐Unsatisfied ☐ Satisfied ☒Very Satisfied
☐N/A
Timeliness ☐Unsatisfied ☐ Satisfied ☒Very Satisfied
☐N/A
Budget Performance ☐Unsatisfied ☐ Satisfied ☒Very Satisfied ☐N/A
Customer Service ☐Unsatisfied ☐ Satisfied ☒Very Satisfied ☐N/A
Per Article 3.3.5, Annealta requested to revise rates to reflect their current rates due to the cost of doing business increasing over the previous three years as well as reflect additional primary and support staff positions to be provided under the agreement. The contractor provided a revised list of positions and rates to represent the staff available more effectively for the tasks assigned under the current scope of work. Amending these rates allows the consultant to efficiently deploy only the necessary resources to address requests for work from the City and ensure that qualified positions are completing the work. The First Amendment also adds a CPI escalator/cap clause that would cap any future rate increases at the CPI.

The current not-to-exceed contract amount with Annealta is $750,000 for the current contract term, July 1, 2021, to June 30, 2024. Staff notes that through March 2024, 89% of the original agreement term, Annealta has performed $353,129 worth of work of the 47% of the agreement compensation. Therefore, no additional increase to total compensation under the agreement is requested for the proposed First Amendment to the Agreement with Annealta (“Attachment 4”).

Pursuant to the City’s Purchasing and Contract Guidelines, staff completed a vendor performance assessment for Annealta for the proposed contract amendment. The vendor performance assessment is used as a guide to determine whether a contract should be amended, renewed, or terminated based on performance in the following categories: performance of scope of services; Item: 7
32 timeliness; budget performance; and customer service. Utilizing an evaluation form, staff rates the consultant in each category as shown in Table 3.

Table 3: Annealta Performance Assessment
Annealta Group – Performance Review
July 1, 2021 through May 23, 2024
Category Unsatisfied – Very Satisfied
Performance of Scope of
services
☐Unsatisfied ☐ Satisfied ☒Very Satisfied
☐N/A
Timeliness ☐Unsatisfied ☐ Satisfied ☒Very Satisfied
☐N/A
Budget Performance ☐Unsatisfied ☐ Satisfied ☒Very Satisfied ☐N/A
Customer Service ☐Unsatisfied ☐ Satisfied ☒Very Satisfied ☐N/A
Staff recommends the City Council approve the proposed First Amendment to the Agreement with Ardurra and the First Amendment to the Agreement with Annealta. The proposed amendments were prepared by the Finance Department and approved as to form by the City Attorney.

FISCAL IMPACT:

The funding sources for the contract amendment primarily include deposits and fees collected from project applicants for private developments and encroachment permits; any General Fund related work is appropriated per project through other approved budgeted accounts. As the work is largely dependent on an applicant paying a deposit or fee for the work, or through appropriated City projects, sufficient funds have been included in 2023-2025 Operating Budget.

ATTACHMENTS:

1. Professional Consultant Services Agreement with Ardurra Group, Inc.

2. Professional Consultant Services Agreement with Annealta Group

3. First Amendment to Agreement for Professional Consultant Services Municipal Engineering/ Staff Augmentation Services with Ardurra Group, Inc.

4. First Amendment to Agreement for Professional Consultant Services Municipal Engineering/ Staff Augmentation Services with Annealta Group.

Item: 7
33 Initiated By: Douglas Erdman, Assistant City Engineer Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 7
34 Attachment 1
Item: 7
35 Item: 7
36 Item: 7
37 Item: 7
38 Item: 7
39 Item: 7
40 Item: 7
41 Item: 7
42 Item: 7
43 Item: 7
44 Item: 7
45 Item: 7
46 Item: 7
47 Item: 7
48 Item: 7
49 Item: 7
50 Item: 7
51 Item: 7
52 Item: 7
53 Item: 7
54 Item: 7
55 Item: 7
56 Attachment 2
Item: 7
57 Item: 7
58 Item: 7
59 Item: 7
60 Item: 7
61 Item: 7
62 Item: 7
63 Item: 7
64 Item: 7
65 Item: 7
66 Item: 7
67 Item: 7
68 Item: 7
69 Item: 7
70 Item: 7
71 Item: 7
72 Item: 7
73 Item: 7
74 Item: 7
75 Item: 7
76 Item: 7
77 Attachment 3
Item: 7
78 MUNICIPAL ENGINEERING/ STAFF AUGMENTATION SERVICES

City of Lake Forest
100 Civic Center Dr.

Lake Forest, CA 92630

DocuSign Envelope ID: 165EF755-C78B-4797-88B0-D18F9217FF04 Item: 7
79 City of Lake Forest
First Amendment to Agreement for Professional Consultant Services Municipal Engineering/ Staff Augmentation Services
I. PARTIES AND DATE. ................................ ................................ ..............

II. RECITALS. ................................ ................................ ..............................

III. TERMS................................. ................................ ................................ ..

IV. SIGNATURES. ................................ ................................ ........................

V. EXHIBIT "C" - COMPENSATION ................................ ..............................

DocuSign Envelope ID: 165EF755-C78B-4797-88B0-D18F9217FF04 Item: 7
80 Title: Municipal Engineering/ Staff Augmentation Services 3 1. PARTIES AND DATE.

This First Amendment to the Agreement for Professional Consultant Services ("First Amendment") is 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 Ardurra Group, Inc., a Florida Corporation (Inc.) , with its principal place of business at 3737 Birch Street, Suite 250, Newport Beach, CA 92660 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”
DocuSign Envelope ID: 165EF755-C78B-4797-88B0-D18F9217FF04 Item: 7
81 Title: Municipal Engineering/ Staff Augmentation Services 4 2. RECITALS.

2.1. Agreement
The Parties entered into that certain Agreement for Professional Municipal Engineering Consulting Services dated July 1, 2021 (“Agreement”).

2.2. First Amendment
The Parties now desire to amend the Agreement in order to extend the term of the Agreement, increase the total amount of compensation under the Agreement, and update the rates of compensation under the Agreement.

DocuSign Envelope ID: 165EF755-C78B-4797-88B0-D18F9217FF04 Item: 7
82 Title: Municipal Engineering/ Staff Augmentation Services 5 3. TERMS.

3.1. Term.

Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:

The term of this Agreement shall be from July 1, 2021 to June 30, 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 one (1) 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. Rates of Compensation
Exhibit “C” of the Agreement is hereby amended in to update rates of compensation in the form of EXHIBIT "C" - COMPENSATION to this First Amendment, attached hereto and incorporated herein.

3.3. Remaining Provisions of Agreement.

Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

DocuSign Envelope ID: 165EF755-C78B-4797-88B0-D18F9217FF04 Item: 7
83 Title: Municipal Engineering/ Staff Augmentation Services 6 4. SIGNATURES.

4.1. SIGNATURES.

CITY OF LAKE FOREST Ardurra Group, Inc.

By: [AUTHORIZED CITY SIGNATURE]

Mark Tettemer
Mayor
By: [VENDOR SIGNATURE 1]

Lisa M. Penna
Vice 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]

Catherine Cahill
Chief Financial Officer (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: 165EF755-C78B-4797-88B0-D18F9217FF04 Item: 7
84 Title: Municipal Engineering/ Staff Augmentation Services 7 5. EXHIBIT "C" - COMPENSATION

5.1. 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 FOUR MILLION DOLLARS ($4,000,000.00) to be billed using the following hourly rates:

Original Agreement

Primary Positions Hourly Rate
Program Manager $185
Plan and Map Check Engineer $175
Development Inspector (Grading Development/QSP) $135
Encroachment Inspector (CIP/Encroachment/QSP) $125
Landscape Inspector (Developments/CIP/ QSP) $135
Supporting Staff
Principal-In-Charge $250
Management Contact/Project Manager $195
Assistant Project Manager $185
Inspections Manager $175
Senior Public Works Inspector $135
Construction Manager $185
Senior Engineer $180
Project/Office Engineer $170
Landscape Architect (Cornerstone) $155
Labor Compliance $120
Permit Technician $100
Administrative Aide $100

First Amendment

Primary Positions Hourly Rate
Program Manager $213
Plan and Map Check Engineer $201
Development Inspector (Grading Development/QSP)* $164
Encroachment Inspector (CIP/Encroachment/QSP)* $144
Landscape Inspector (Developments/CIP/ QSP)* $164
Supporting Staff
Principal-In-Charge $288
Management Contact/Project Manager $224
Assistant Project Manager $213
Inspections Manager $201
Senior Public Works Inspector* $164
DocuSign Envelope ID: 165EF755-C78B-4797-88B0-D18F9217FF04 Item: 7
85 Title: Municipal Engineering/ Staff Augmentation Services 8 Construction Manager $213
Senior Engineer $207
Project/Office Engineer $196
Landscape Architect (Cornerstone) $178
Labor Compliance $138
Permit Technician* $115
Administrative Aide $115
*Overtime will be billed at 1.5 times, and Sundays and holidays 2.0 times the standard rate.

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

DocuSign Envelope ID: 165EF755-C78B-4797-88B0-D18F9217FF04 Item: 7
86 Attachment 4
Item: 7
87 MUNICIPAL ENGINEERING/ STAFF AUGMENTATION SERVICES

City of Lake Forest
100 Civic Center Dr.

Lake Forest, CA 92630

DocuSign Envelope ID: 68C1A3E3-E00B-4D2D-B00B-DE1305C16BD7 Item: 7
88 City of Lake Forest
First Amendment to Agreement for Professional Consultant Services Municipal Engineering/ Staff Augmentation Services
I. PARTIES AND DATE. ................................ ................................ ..............

II. RECITALS. ................................ ................................ ..............................

III. TERMS................................. ................................ ................................ ..

IV. SIGNATURES. ................................ ................................ ........................

V. EXHIBIT "A" SCOPE OF SERVICES ................................ ...........................

VI. EXHIBIT "C" - COMPENSATION ................................ ..............................

DocuSign Envelope ID: 68C1A3E3-E00B-4D2D-B00B-DE1305C16BD7 Item: 7
89 Title: Municipal Engineering/ Staff Augmentation Services 3 1. PARTIES AND DATE.

This First Amendment to the Agreement for Professional Consultant Services ("First Amendment") is 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 Annealta Group, a California Corporation (Inc.) , with its principal place of business at 5151 Oceanus Drive, Suite 103, Huntington Beach, CA 92649 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.” DocuSign Envelope ID: 68C1A3E3-E00B-4D2D-B00B-DE1305C16BD7 Item: 7
90 Title: Municipal Engineering/ Staff Augmentation Services 4 2. RECITALS.

2.1. Agreement
The Parties entered into that certain Agreement for Professional Municipal Engineering Consulting Services dated July 1, 2021 (“Agreement”).

2.2. First Amendment
The Parties now desire to amend the Agreement in order to extend the term of the Agreement, amend the scope of services, and update the rates of compensation under the Agreement.

DocuSign Envelope ID: 68C1A3E3-E00B-4D2D-B00B-DE1305C16BD7 Item: 7
91 Title: Municipal Engineering/ Staff Augmentation Services 5 3. TERMS.

3.1. Term.

Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:

The term of this Agreement shall be from July 1, 2021 to June 30, 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 one (1) 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. Rates of Compensation
Exhibit “C” of the Agreement is hereby amended in to update rates of compensation in the form of EXHIBIT "C" - COMPENSATION to this First Amendment, attached hereto and incorporated herein.

3.3. Remaining Provisions of Agreement.

Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

DocuSign Envelope ID: 68C1A3E3-E00B-4D2D-B00B-DE1305C16BD7 Item: 7
92 Title: Municipal Engineering/ Staff Augmentation Services 6 4. SIGNATURES.

4.1. SIGNATURES.

CITY OF LAKE FOREST Annealta Group
By: [AUTHORIZED CITY SIGNATURE]

Mark Tettemer
Mayor
By: [VENDOR SIGNATURE 1]

Tim D'Zmura
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]

Tim D'Zmura
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: 68C1A3E3-E00B-4D2D-B00B-DE1305C16BD7 Item: 7
93 Title: Municipal Engineering/ Staff Augmentation Services 7 5. EXHIBIT "A" SCOPE OF SERVICES

5.1. EXHIBIT "A" SCOPE OF SERVICES
Consultant shall provide the following Professional Municipal Engineering Consulting Services relative to the City's Municipal Engineering/ Staff Augmentation Services project.

A. Program Manager (est.30 hrs/week) - Registered Civil Engineer with minimum of five (5) years local/city engineering experience in public works management as applicable to municipal community development, public services, long-range public works planning, and public works funding. As requested, perform the following:

1. Attend City Council and Commission meetings

2. Attend staff and community meetings.

3. Provide engineering support services under the direction of the City's Director of Public Works/City Engineer.

4. Analyze City's needs and prepare short and long-term CIP recommendations.

5. Review and comment on planning programs and land development controls.

6. Recommend regulations and ordinances pertaining to engineering matters Provide advice regarding public works activities.

7. Coordinate with other agencies, the public, and utility companies on engineering matters.

8. Advise the City as to funding availabilities and, when directed, initiate and prepare funding applications; and

9. Assist in the preparation of the City's operational budget and Capital Improvement Projects Budget.

10. Coordinate the intake and processing of development project plans, specifications, tentative maps, final maps, land use applications, and other development related submittals.

Positions covered under this task include:

1. Program Manager

B. Public Works/Development Land Use/Map and Plan Check Engineer (15-20 hrs/week) - Registered Civil Engineer with minimum of five (5) years local municipal/city engineering experience in Public works design, construction, and land development and subdivision Control as related to municipal planning.

Upon request perform the following:

1. Review, check and make recommendations regarding land use applications within 10 working days of receipt.

2. Review tentative maps and other developments, make recommendations as to engineering and water pollution reduction matters within 10 working days of receipt.

3. Recommend conditions of approval for development, including off-site improvements and financial obligations.

4. Establish bond amounts, determine financial obligations and other development fees within the proper sequence of development reviews;

5. Perform additional functions, including, but not limited to, the preparation of general correspondence and staff reports, and coordination with developers, engineers, staff, and the general public related to the engineering review of private developments.

Positions covered under this task include:

1. Plan Check Engineer I

2. Plan Check Engineer II or Plan Check Engineer

3. Plan Check Engineer III or Plan and Map Check Engineer DocuSign Envelope ID: 68C1A3E3-E00B-4D2D-B00B-DE1305C16BD7 Item: 7
94 Title: Municipal Engineering/ Staff Augmentation Services 8 C. Public Works/Development/Grading Inspection. (36-40 hrs/week) - Inspection requires five years' experience inspecting public and private construction and certification as a 'Qualified Stormwater Practitioner (QSP). Dependent on the level of development occurring within the City, additional inspectors may be needed. In the past the City has utilized 2 to 3 inspectors working on various developments. Upon request perform the following:

1. Review engineering plans and specifications provide construction inspection and observation for development projects designed by others.

2. Observe construction of improvements by private developers and make recommendations regarding completion and acceptance of the work.

3. Provide construction observation associated with work performed by developers on City streets, medians, slopes, and parks to ensure compliance with approved plans, specifications, permits, and City guidelines and standards.

4. Inspect and provide recommendations for the installed Best Management Practices (BMP) for water quality; and

5. Recommend notices of completion and acceptance of work.

6. Inspect street and storm drain improvement for compliance with approved plans.,

7. Inspect approved work and installed water quality measures.

8. Perform additional functions, including, but not limited to, the preparation of general correspondence and daily construction inspection reports, and coordination with developers, engineers, staff, and the general public.

Positions covered under this task include:

1. Public Works Inspector I

2. Public Works Inspector II or Development Inspector (QSP)

3. Public Works Inspector III or Development Inspector (QSP, QiSP)

4. Public Works Inspector IV

D. Public Works/Encroachment Permit Inspection (40 hrs/week} - Inspector shall have minimum of five (5) years local municipal/city engineering experience in public works construction, including construction inspection of streets, sidewalks, curb and gutter, underground utilities, and storm drains. Inspector shall be certified as a QSP. Upon request perform the following:

1. Review engineering plans and specifications provide construction administration and observation for City projects designed by others.

2. Provide construction observation associated with work performed on City streets, medians, slopes, and parks to ensure compliance with approved plans, specifications, permits, and City guidelines and standards; within 48 hours of notification.

3. Inspect and provide recommendations for the installed Best Management Practices (BMP) for water quality; and

4. Recommend notices of completion and acceptance of work.

5. Perform additional functions, including, but not limited to, the preparation of general correspondence and daily construction inspection reports, and coordination with developers, engineers, staff, and the general public.

Positions covered under this task include:

1. Public Works Inspector I

2. Public Works Inspector II or Encroachment Permit Inspector

3. Public Works Inspector III

4. Public Works Inspector IV

5. Senior Public Works Inspector (for prevailing wage work)

DocuSign Envelope ID: 68C1A3E3-E00B-4D2D-B00B-DE1305C16BD7 Item: 7
95 Title: Municipal Engineering/ Staff Augmentation Services 9 E. Public Works/Development Landscape Inspection (15-20 hrs/week) - Inspector shall have minimum of five (5) years local municipal/city engineering experience in public works construction, including construction inspection of streets, sidewalks, curb and gutter, underground utilities, and storm drains.

Inspector shall be certified as a QSP. Upon request perform the following:

1. Review landscape plans and specifications provide construction inspection and observation for development projects designed by others.

2. Observe construction of landscape and irrigation improvements by private developers and make recommendations regarding completion and acceptance of the work.

3. Provide construction observation associated with landscape work performed by developers on City streets, medians, slopes, and parks to ensure compliance with approved plans, specifications, permits, and City guidelines and standards.

4. Inspect plants and trees and make recommendations on acceptance of the plant materials

5. Inspect and provide recommendations for the installed Best Management Practices (BMP) for water quality; and

6. Recommend notices of completion and acceptance of work.

7. Inspect landscape and irrigation improvements for compliance with approved plans.

8. Inspect approved work and installed water quality measures.

9. Perform additional functions, including, but not limited to, the preparation of general correspondence and daily construction inspection reports, and coordination with developers, engineers, staff, and the general public.

Positions covered under this task include:

1. Public Works Inspector I

2. Public Works Inspector II

3. Public Works Inspector III

4. Public Works Inspector IV or Landscape Inspector

5. Senior Public Works Inspector (for prevailing wage work)

F. Supplement public works staff on an 'as-needed' basis. Registered Civil Engineer with minimum of five (5) years local municipal/city engineering experience in public works investigation, design, and construction of public facilities. - Upon request perform the following:

1. Provide design services for City projects to prepare plans and specifications for City projects.

2. Assist in preparing the City's GIP Budgets.

3. Provide project management services for planning, designing, and constructing GIP projects.

4. Process plans and specifications through other agencies for review and approval in connection with special funding programs and permit requirement; and

5. Augment City staff. Public Works Department need to temporarily fill vacant positions. Qualifications will depend on the position and vacancy duration. When requested provide qualified temporary staff to Public Works Department. Staff positions may include Registered Civil Engineers, Engineering technicians, inspectors, and clerical

Positions covered under this task include:

1. Principal

2. Senior Project Manager

3. Project Manager

4. Assistant Project Manager

5. Senior Construction Manager

6. Assistant Construction Manager

7. Resident Engineer

8. Senior Engineer

9. Associate Engineer

10. Assistant Engineer

11. Engineering Technician I
DocuSign Envelope ID: 68C1A3E3-E00B-4D2D-B00B-DE1305C16BD7 Item: 7
96 Title: Municipal Engineering/ Staff Augmentation Services 10 12. Engineering Technician II

13. Administrative Support I

14. Administrative Support II

DocuSign Envelope ID: 68C1A3E3-E00B-4D2D-B00B-DE1305C16BD7 Item: 7
97 Title: Municipal Engineering/ Staff Augmentation Services 11 6. EXHIBIT "C" - COMPENSATION

6.1. 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 SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000.00) to be billed using the following hourly rates:

Original Agreement
Primary Positions Hourly Rate
Program Manager $165
Plan and Map Check Engineer $155
Development Inspector (QSP, QISp) $120
Development Inspector (QSP) $110
Encroachment Permit Inspector $110
Landscape Inspector $130
Supporting Staff
Project Manager $150
Plan Check Engineer $145

First Amendment

Classification Rate
Principal $ 225
Senior Project Manager $ 200
Program Manager $ 195
Project Manager $ 180
Assistant Project Manager $ 160
Senior Construction Manager $ 180
Construction Manager $ 160
Assistant Construction Manager $ 145
Resident Engineer $ 190
Plan Check Engineer III $ 170
Plan Checker Engineer II $ 160
Plan Check Engineer I $ 145
Senior Engineer $ 140
Associate Engineer $ 125
Assistant Engineer $ 115
Engineering Technician II $ 105
Engineering Technician I $ 95
Senior Public Works Inspector (for prevailing wage work) $ 164 Public Works Inspector IV $ 150
Public Works Inspector III $ 140
DocuSign Envelope ID: 68C1A3E3-E00B-4D2D-B00B-DE1305C16BD7 Item: 7
98 Title: Municipal Engineering/ Staff Augmentation Services 12 Public Works Inspector II $ 130
Public Works Inspector I $ 115
Administrative Support II $ 65
Administrative Support I $ 55

Mileage, while on the project, will be charged at the current Federal guideline rate at the time of billing.

Consultation in connection with litigation and court appearances will be quoted separately. Overtime will be billed at 1.5 times, and Sundays and holidays 2.0 times the standard rate. A sub consultant management fee of fifteen percent (15%) will be added to the direct cost of all sub consultant services to provide for the cost of administration, consultation and coordination. Valid thru June 30, 2025.

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: 68C1A3E3-E00B-4D2D-B00B-DE1305C16BD7 Item: 7
99 CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/4/2024
DEPARTMENT: Management Services
SUBJECT:

AWARD OF AGREEMENT FOR JANITORIAL SERVICES AT THE SPORTS

PARK AND RECREATION CENTER
RECOMMENDED ACTION(S):

1. Approve the Agreement for Maintenance Services with a compensation amount of $300,000 to Crown Facility Solutions for janitorial maintenance services at the Sports Park and Recreation Center.

2. Authorize the Mayor to sign, and the City Clerk attest, the Agreement for Maintenance Services with Crown Facility Solutions, substantially in the form attached.

EXECUTIVE SUMMARY:

The City utilizes the services of a janitorial firm to perform the cleaning needs at the Lake Forest Sports Park and Recreation Center. The City’s current contract arrangement for janitorial services at the Lake Forest Sports Park and Recreation Center (“Sports Park”) is set to expire on June 30, 2024. Staff initiated a Request for Proposals (“RFP”) process to secure a new janitorial firm in light of the upcoming expiration of the current arrangement. On February 14, 2024, staff posted the RFP document to OpenGov, the City’s electronic procurement management system. The City received eight responses by the March 1, 2024, deadline. A selection committee approved by the City Manager reviewed all proposals and conducted interviews with qualified proposers. Staff recommends the City Council approve the attached Maintenance Services Agreement with Crown Facility Solutions (“Agreement”) (Attachment 1). The Agreement includes a $300,000 compensation amount and a three-year term with two optional one-year extensions.

The proposed Agreement also includes sufficient compensation to cover the costs of janitorial work associated with sports tournaments and routine activities that take place at the Sports Park. Staff performed a reference check in accordance with the City’s Purchasing & Contracting Guidelines (“Purchasing Guidelines”), which provided favorable reviews of Crown’s work (Attachment 2).

The scope of work for the Agreement includes daily Recreation Center janitorial services, which includes the North and South Clubhouses. The scope of work Item: 8
100

also includes language to ensure adequate janitorial services are provided for special events.

The proposed Agreement was prepared by the Finance Department and has been approved as to form by the City Attorney. The 2023-2025 Operating Budget includes sufficient funding to cover the costs of the recommended action.

BACKGROUND:

The Sports Park consists of the Recreation Center, North and South Clubhouses, which opened in November 2014. The Sports Park is commonly referred to as the community’s “crown jewel” due to the many opportunities to either host or take part in events on site. These events vary from everyday sports user groups, adult sports leagues, contract classes, birthday parties, special events, and sports tournaments.

Sports Park facilities require a high volume of consistent and ordinary cleaning services. Since July 1, 2019, the janitorial services for the Sports Park have been provided by Crown, whose contract is set to expire on June 30, 2024.

The janitorial needs of the Sports Park include:
•Vacuum carpet
•Empty trash & recycle bins
•Clean mirrors & fixtures
•Restock paper & soap
•Sweep & damp mop floors
•Wipe counters & appliances
•Quarterly deep cleanings
The RFP was issued on February 14, 2024, via OpenGov, the City’s electronic procurement management system.

DISCUSSION:

The City received eight proposals in response to the RFP by the March 1, 2024, deadline. Pursuant to the City’s Purchasing Guidelines, staff assembled a selection committee approved by the City Manager to review the proposals. The Selection Committee comprised of the Deputy City Manager, Recreation Manager, Facilities Maintenance Manager, and Senior Recreation Supervisor reviewed the proposals.

Item: 8
101

The proposal review process was comprised of three phases: the Technical Review of written proposals, the Qualifications Interview Phase, and the Cost Scoring evaluation. The RFP received interest from eight firms that downloaded all the files associated with the procurement and submitted proposals through the OpenGov system. Six proposals qualified for the Technical Review phase and four firms passed to the Qualifications Interview phase.

A firm must receive an average score of 60% (or higher) in the Technical Review phase to move on to the Qualifications Interview phase. Four firms received the minimum scoring from the reviews of the technical proposals (see Table 1 below), and the City invited these four firms to the Qualifications Interview phase of the selection process to discuss their respective approach to the requested services. Interviews were held on March 25, 2024.

Table 1: Janitorial Services Technical Review
Vendor Evaluator
1 Evaluator
2 Evaluator
3 Evaluator
4 Total Avg.

Score*
(Max
Score
100)
Crown Facility
Solutions, Inc

74.5 89 84 88.5 84
Premier Property
Preservation,
LLC

67.5 63.5 80 64 68.75
Santa Fe
Janitorial
Maintenance
Services, Inc.
67 68 74 50.5 64.88
Team One
Management
58 60 83.5 56.5 64.5
*Maximum score is 100
Following the Qualifications Interviews and subsequent scoring by the Selection Committee, the Contract Administrator reviewed the cost proposals. The total scores of each vendor based on the Qualifications Interview and Cost Scoring phases are shown in Table 2 below.

Item: 8
102

Table 2: Vendor Qualifications Interview & Cost Scoring Vendor Evaluator
1 Evaluator
2 Evaluator
3 Evaluator
4 Total Avg.

Score
Crown Facility
Solutions 179 179.8 169.4 180.6 177.2
Team One
Management 139.2 152.8 144 132.8 142.2
Santa Fe
Janitorial
Maintenance
Services, Inc.

74.2 117.4 89.4 110.2 97.8
Premier
Property
Preservation,
LLC
0 0 0 0 0
*Max Score 200
Crown received the highest overall score of 177.2, compared to 142.2 for Team One Management, and 97.8 for Santa Fe Janitorial Maintenance Service, Inc.

Premier Property Preservation, LLC was unable to attend the scheduled interview.

Throughout the RFP process, Crown demonstrated an excellent understanding of the City’s needs. Crown Facility Solutions presented a detailed management plan with checklists and effective communication protocols. Staff conducted reference checks for Crown, all of which highly recommended the firm (Attachment 2). As a result, the Selection Committee concluded that Crown is the “most qualified” contractor to provide janitorial services at the Sports Park.

Cost Proposals
Cost proposal submissions were based on monthly and as-needed services.

At the conclusion of the Qualifications Interview process, all proposers had the opportunity to submit a revised cost proposal. No firms submitted a revised cost proposal. Table 3 below includes the final cost proposals received.

Table 3: Cost Proposals
Firm Monthly Service
Cost
Sports
Tournaments
3-Year Cost
Proposal
Crown Facility
Solutions $5,824 $13,200 $249,264
Premier Property
Preservation,
LLC
Not Applicable Not Applicable Not Applicable
Item: 8
103

Firm Monthly Service
Cost
Sports
Tournaments
3-Year Cost
Proposal
Santa Fe
Janitorial
Maintenance
Services, Inc.
$7,500 $3,600 $280,800
Team One
Management $5,900 $2,450 $219,750
Compensation is comprised of routine monthly janitorial services and up to 24 sports tournament cleanings per year. Although Team One Management submitted the lowest proposal price, Team One Management received comparably lower scores in Technical Review and Qualifications Interview phases of the process relative to Crown. It was clear to the selection committee that Crown had the most thorough understanding of the volume of work required to keep the Sports Park facilities clean and presentable. Crown’s approach to managing the workload required of the City’s facilities was exceptionally organized and detailed relative to the other proposers. Pursuant to the City’s Purchasing Guidelines, the combined scoring determines the most qualified vendor, which is Crown.

In addition to routine services, staff is also proposing an annual contingency allocation of $16,912 to account for unforeseen circumstances or emergent needs as detailed in Table 4 below. If room and other rental activity exceed staff’s projections, facilities may require additional cleaning services. Tables 3 and 4 describe the compensation required to cover routine services and the as- needed costs for additional cleaning services.

Table 3: Routine Services Cost
Routine Services
Description Unit of
Measure
Frequency Unit Cost Total Cost
Lake Forest Sports
Park & Clubhouses
Monthly 12 $5,824.00 $69,888.00
Sports
Tournaments
(Clubhouses &
Restrooms -
Outside)
Per
Occurrence
23 $550.00 $12,650.00
Sports
Tournaments (Gym
& Restrooms -
Inside)
Per
Occurrence
1 $550.00 $550.00
Annual Routine Services Cost $83,088.00
Three-Year Routine Services Cost $249,264.00
Item: 8
104

Table 4: As-Needed Services Costs with Contingency
As-Needed Services
Description Unit of
Measure Unit Cost
Interior Window
Cleaning Hour $50.00
Exterior Window
Cleaning Hour $50.00
Power Washing Hour $75.00
Stone Floor Cleaning Sq. Ft. $0.75
Carpet Cleaning Sq. Ft. $0.25
Strip & Seal Floor Sq. Ft. $0.65
Annual Contingency $16,912.00
Three-Year Contingency Amount $50,736.00
Staff recommends the City Council approve the proposed Agreement for janitorial services at the Sports Park. The Agreement includes a compensation amount of $300,000 and a three-year term with two optional one-year extensions (Attachment 1). The Agreement has been prepared by the Finance Department and reviewed and approved as to form by the City Attorney. Staff performed a reference check (Attachment 2) with other local agencies that have contracted with Crown. All of Crown’s listed references responded positively to the performance of Crown at their facilities.

FISCAL IMPACT:

The proposed Agreement with Crown includes a total compensation amount of $300,000 and a three-year term with two optional one-year extensions. The 2023-2025 Operating Budget includes sufficient funding to cover the costs of the recommended action.

ATTACHMENTS:

1. Agreement for Maintenance Services with Crown Facility Solutions

2. Contractor Reference Check
Initiated By: Laura Lisack, Recreation Manager
Submitted By: Sean McGovern, Deputy City Manager
Approved By: Debra Rose, City Manager
Item: 8
105

ATTACHMENT 1
Item: 8
106

CUSTODIAL SERVICES AT THE LAKE FOREST SPORTS PARK AND

RECREATION CENTER

City of Lake Forest
100 Civic Center Dr.

Lake Forest, CA 92630









 





Item: 8
107

City of Lake Forest
Agreement for Maintenance Services
Custodial Services at the Lake Forest Sports Park and Recreation Center I. PARTIES AND DATE. ..............................................................................

II. RECITALS. ..............................................................................................

III. TERMS. ..................................................................................................

IV. SIGNATURES. ........................................................................................

V. EXHIBIT "A" SCOPE OF MA INTENANCE SERVICES ..................................

VI. EXHIBIT "B" - SCHEDU LE OF SERVICES ..................................................

VII. EXHIBIT "C" - CO MPENSATION ..............................................................

VIII. EXHIBIT "D" - INSURA NCE REQUIREMENTS ...........................................









 





Item: 8
108

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 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 Crown Facility Solutions, a California Corporation (Inc.) , with its principal place of business at 3617 W. MacArthur Blvd. Ste. 504 Santa Ana, CA 92704, (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.” 







 





Item: 8
109

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 4 2. RECITALS.

2.1. Contractor.

Contractor desires to perform and assume responsibility for the provision of certain Custodial 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 Custodial 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 Sports Park and Recreation Center Custodial Services project (“Project”) as set forth in this Agreement. 







 





Item: 8
110

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 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 Custodial 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 per-form 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.








 





Item: 8
111

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 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 Brent Shears, 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 







 





Item: 8
112

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 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. 







 





Item: 8
113

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 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.








 





Item: 8
114

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 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 







 





Item: 8
115

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 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 THREE HUNDRED THOUSAND DOLLARS ($300,000.00) 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.”








 





Item: 8
116

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 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 represen-ta-tive 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 activi-ties 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: Crown Facility Solutions
3617 W. MacArthur Blvd. Ste. 504
Santa Ana, CA 92704
ATTN: Brent Shears, 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.








 





Item: 8
117

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 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.








 





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Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 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 considera-tion 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 discrimi-nate against any subcontractor, employee or applicant for employ-ment 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 







 





Item: 8
119

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 14 comply with all relevant pro-vi-sions 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.








 





Item: 8
120

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 15 4. SIGNATURES.

4.1. SIGNATURES.

CITY OF LAKE FOREST Crown Facility Solutions
By: [AUTHORIZED CITY SIGNATURE]

Mark Tettemer
Mayor
By: [VENDOR SIGNATURE 1]

Brent Shears, 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]

Brent
Shears, President
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]








 





Item: 8
121

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 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 Custodial Maintenance Services for the City's Lake Forest Sports Park and Recreation Center Custodial Services project (“Project”).

DEFINITIONS
Whenever the following terms are used in this agreement, they shall have the following meaning:

A. “CITY” - The City of Lake Forest.

B. “City Manager” - The fully appointed City Manager of the City or his/her authorized representative.

C. “contractor” - The managing individual of the contracting entity or his/her authorized employees or representatives.

D. “DEPUTY CITY MANAGER” - The official designated as the Deputy City Manager, or any of his/her authorized representatives.

E. “RECREATION MANAGER” – The Deputy City Manager’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 The premises shall be maintained with a clea n appearance and all work shall be performed in a professional, workmanlike manner using quality equipment and materials.

1.02 Contractor shall, during the term of this Contract, respond to all callbacks to the satisfaction of the Recreation Manager, within two (2) hours of notification.

1.03 Contractor shall report to the Recreation Manager all observations of graffiti and other vandalism; illegal activities; transients; missing or damaged equipment or signs; hazards or potential hazards, including burnt out light fixtures within twenty-four (24) hours. The city will remove and/or repair reported graffiti, vandalism, damaged equipment, signs or hazards.

1.04 The following is an excerpt from Senate Bill 20, Displaced Janitor Opportunity Act. Labor Code Section 1060-1065. The full text is available on the State of California’s website:

“The successful Contractor or Subcontractor shall retain, for a 60-day transition employment period, employees who have been employed by the terminated Contractor or its subcontractors, if any, for the preceding four months or longer at the site or sites covered by the successful service contract unless the successor contractor or successor subcontractor has reasonable and substantiated cause not to hire a particular employee based on that employee’s performance or conduct while working under the terminated contract.”









 





Item: 8
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Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 17 By signing and/or authorizing this proposal su bmittal, the Contractor acknowledges that they have read and understood the meaning, intent and requirements of said Act; and acknowledges said Act is included as part of the proposal, an d the Contractor will be required to abide by the terms of said Act.

2.00 FACILITIES TO BE MAINTAINED

2.01 The facilities to be maintained under the provis ions of this Contract are located at the following areas:

Schedule A: Building

1. Lake Forest Sports Park Recreation Center (25,495 sq.ft.), 28000 Rancho Parkway, Lake Forest, CA 92630.

Schedule B: Park Clubhouses

1. Lake Forest Sports Park (2) (958 sq.ft. each), 28000 Rancho Parkway, Lake Forest, CA 92630.

2.02 The square footage for the Sports Park Recrea tion Center includes five offices and one at each clubhouse. The two clubhouse offices shall receiv e the same schedule of services as the Sports Park Recreation Center. The compensation for the offices shall be included in the price for the Sports Park Recreation Center. No other compensation will be paid.

2.03 Contractor acknowledges personal inspection of the sites and the surrounding areas and has evaluated the extent to which the physical condi tion thereof will affect the services to be provided. Contractor accepts the premises in their present physical condition and agrees to make no demands upon City for any improvements or alterations thereof.

2.04 Contractor shall be available for On Call/Em ergency Call Back for any cleanings needs at any City owned facilities. Response time shall be no more than two (2) hours and paid at the rate listed in the Contractor’s Proposal.

2.05 The City may, at its discretion, add new facilities to be maintained and/or require additional services in accordance with Section 3.3.4, Extra Work, of this contract. The Contractor shall be compensated for the additional facilities or se rvices that are designated after the date of the commencement of this Contract based on the submission of an approved maintenance proposal, consistent in all respects with this Contract, an d shall contain all information as required in the Request for Proposals. The proposal cost shall not exceed the cost to provide maintenance for similar facilities being maintained under this Contract.

3.00 As needed services for 24 SPORTS TOURNAMENTS & special events

3.01 The City may award work to the Contractor, at the discretion of the Recreation Manager, for custodial services during the 24 Sports Tournaments or following a tournament/scheduled special event. The Recreation Manager shall provide the Contractor with twenty-four (24) hours’ notice and shall request additional personnel to perfor m these services. The Contractor shall dispatch the number of custodians requested to the locations requested by the Recreation Manager. The City guarantees a minimum of two (2) hours of work for each custodian requested in this 







 





Item: 8
123

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 18 section. The Contractor shall be compensated at a fixed price for work utilizing unit prices in accordance with the Contractor’s Proposed Cost of Services chart.

3.02 Work items performed under this section include all items indicated in “Daily Activities and/or Section Weekly Activities for Facilities/Par k Clubhouses as directed by the Recreation Manager. Extra supplies and materials shall be available to City staff for additional stocking needs due to the Special Events. All other quality/materials requirements stipulated in this Contract apply to work performed under this section.

3.03 All work shall commence on the specified date/time established and Contractor shall proceed diligently to complete said work within the time allotted.

4.00 Task Descriptions and Standards

TASK DESCRIPTION
Vacuum Carpet

All carpet areas of lobbies, hallway corridors, and entrances are to be thoroughly vacuumed. Portable objects (chair, wastebaskets, etc.) are to be moved to provide for vacuuming for roll up rugs (not to include roll mats or objects over 50 lbs.)
Neatly Arrange
Furniture
All furniture and wastebaskets are to be placed back in their appropriate places.

Empty Trash &
Recycle Bins
Replace Liners,
Restock Paper
Products.

All trash receptacles and recycle bins (including exterior cans immediately outside the building) shall be emptied completely in the appropriate receptacles and a clean, appropriately sized liner installed. Co-mingled recycle bins to maintain separation from trash and be emptied in recycle bins provided. All paper products shall be restocked as so that they are always ¾ full at all times.

Sweep Floors All resilient tile floors (rubber, vinyl, terrazzo) shall be swept with a broom or dry mopped so as to leave the floor in a dirt/dust/debris free state. Dry mops should be sprayed with a dust mop treatment chemical prior to use.

Damp Mop Floors

All Resilient floor surfaces shall be damp mopped with a germicidal detergent solution to remove any and all spills. Scuffmarks or stains are not expected to be removed with damp mopping. Trash receptacles, chairs, etc. shall be moved when necessary to mop underneath and shall be moved back to their proper area in a timely manner. After being mopped, the floor shall have a uniform appearance with no streaks, swirl marks, detergent residue, or any evidence of soil. There shall be no splash marks or mop streaks on furniture, walls, baseboards, etc. or mop strands remaining in the area. 







 





Item: 8
124

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 19 Dust Mop Floors Use a clean dust mop of the largest suitable size for the area. At the end of each pass, turn the dust mop without lifting it from the floor, overlapping the previous pass by one or two inches. Continue this pattern until the entire area is free of visible soil. To remove the soil, which has been collected, but does not adhere to the mop, carefully lift the mop head off the floor and lean the mop against the trash collection cart or the janitorial cart.

Be careful not to let the mop head or handle touch building or furniture surfaces. Pick up the soil with a counter brush and dustpan. Dump the soil into the trash collection bag.

Clean Entry Glass Main lobby and partition glass, as well as exterior door glass to each tenant space, is to be clean and streak free.

Dust Horizontal
Surfaces
All benches, tables, counter-tops, reception desks, tops of partitions, mirrors, dispensers, toilets, urinals, window ledges, picture frames and the like are to be dust free.

Wipe/Clean Drinking
Fountains
Stainless steel fountains are to be cleaned with a stainless cleaner, inside and out, as well as fixtures. Porcelain fountains are to be cleaned with a mild abrasive. Fountains are to be free of water spots, stains, and smudges.

Wipe Counters and
Appliances
All drain boards, Formica counters, tables and appliances (refrigerator, stove, dishwasher exterior) are to be cleaned so as to remove finger marks, smudges and left in a dust/dirt free condition.

Monthly interior clean out
and cleanup of refrigerators.

Clean Interior Glass Interior glass (door glass, wall glass, etc.) within the office spaces shall be cleaned and left streak-free.

Spray and/or Spot
Clean Furniture
Use a sponge, clean cloth, and spray bottle of neutral detergent, germicidal detergent, or glass cleaner to remove fingerprints, smudges, marks, streaks, etc., from washable surfaces of walls, partitions, doors, furniture, fixtures, appliances, etc. Germicidal detergent shall be used in rest rooms, locker rooms, food service areas, and drinking fountains. Glass cleaner shall be used on hard-to-remove spots. After spot cleaning, the surfaces shall have a clean, uniform appearance, be free of streaks, spots, and other evidence of removable soil. This includes both sides of glass in exterior doors and vestibules and in interior offices.

Spot Clean Carpet All carpet is to be kept in a stain-free condition. The Facilities Maintenance Manager and the Contractor shall agree as to whether carpet shampooing/extraction supersedes spot cleaning.

Spot Clean Walls,
Doors, Fixtures
Finger marks furniture rubs, etc. are to be removed from walls, doors, door handles, electrical switch plates and outlet covers.

Wipe/Clean
Receptacles
All wastebaskets, trash containers, and garbage cans shall be cleaned inside and out so as to remove stains, smudges and dried refuse.

Clean Picture
Glass/Extinguisher
Cabinets
All glass picture frames are to be cleaned with a damp lint-free rag so as not to leave water spots or streaks. Fire extinguisher cabinets shall be cleaned inside and out to remove smudges and finger marks.








 





Item: 8
125

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 20 Vacuum with Edging
Tool - All Corners
All carpet edges and corners where floor and wall intersect, where floor and thresholds meet or around the base of any object permanently placed on a carpeted surface.

Spray Buff or Burnish
Hard Surface Floors
Resilient floor surfaces shall be spray buffed or burnished so as to produce a shiny finish.

High Dust: Vents,
Lights, Etc.

High dusting shall be anything over 6' from the floor. HVAC vents, ceiling fans, light fixtures, tops of doors and doorframes included.

Re-wax/Buff Hard
Surface Floors
All resilient floor surfaces shall be top cleaned with an effective detergent cleaner, neutralized, and new wax applied. Floor should be buffed/burnished.

Fluorescent Light
Fixtures
All debris, dust, and dirt shall be cleared from fluorescent light fixtures.

Wash Interior
Windows
All interior wall windows and interior partition glass are to be washed, inside and out, and left in a streak/fog-free condition.

Wash Exterior
Windows
All exterior wall windows are to be washed, inside and out, and left in a streak/fog-free condition.

Strip, Seal, Buff Hard
Surface Floors

All resilient floor surfaces are to be stripped with an aggressive pad so as to remove all wax and sealer. The floor shall be free of scuffs and scratches. The floors then shall be re-sealed with two coats of sealer followed by two coats of wax. All sealers and wax must be pre-approved as to type by the Facilities Manager. The floor then shall be burnished to provide a high gloss.

Clean/Disinfect All
Sinks, Toilets, Urinals
All porcelain and stainless-steel basins, toilets and urinals as well as shower stalls are to be cleaned and sanitized with a disinfectant.

Restock Paper/Soap

Paper towels and tissue dispensers are to be checked and filled whenever the product remaining is 30% or less. In restrooms of high usage, new rolls of tissue will be installed and the 30% or partial roll shall be placed on the dispenser. Soap is to be checked and filled or cartridge replaced when less than 1/3 of the product remains.

Clean Mirrors Mirrors shall be kept clean, fog and streak free.

Clean Fixtures

All sinks shall be cleaned and free of rust deposits, stains, soap scum, etc. Toilets and urinals shall be cleaned and sanitized so as to remove any deposits, stains, or odors. Where bowl blocks are used, the blocks will be removed prior to cleaning and new blocks installed when applicable.

Spot Clean Partitions,
Doors, Walls
Toilet room partitions, partition doors, entry doors, shower doors, and wall shall be free of soap scum, fingerprints, dirt, smudges, and graffiti.

Clean/Polish Fixture
Exteriors
All plumbing under sinks and surrounding toilets and urinals are to be cleaned and polished so as to produce a shiny appearance.

Machine Scrub Floors Tile Floors are to be machine scrubbed with an aggressive pad and grout shall be cleaned so as to produce a clean, dirt-free appearance. 







 





Item: 8
126

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 21 Carpet Shampooing -
Bonnet Method

Carpet shampooing, bonnet method of carpet is defined as the spot cleaning, vacuuming, pile brushing, shampooing, and re-vacuuming of all carpet in an area. All vacuuming, both before and after shampooing shall be done with an upright carpet vacuum. All stained areas shall be treated with spot cleaning solution, following the directions of the manufacturer. Spot cleaning shall be continued until as much of the stain as possible has been removed. The shampooing shall be performed using a single disc floor machine rotating less than 200 rpm, a bonnet or yarn pad specifically designed for spin pad or bonnet cleaning meeting the specifications for such equipment and mater
ials defined in the Contract Documents. The
instructions provided by the manufacturers of the equipment and materials shall be followed during its use. Areas, such as corners, which are inaccessible to the machine, shall be shampooed with shampoo and manual scrubbing devices. Chairs and trash receptacles shall be tilted or moved where necessary for shampooing and shall be moved back to their proper area in a timely manner. After shampooing and allowing sufficient drying time, the carpet shall be vacuumed following a pattern that will give the carpet pile a clean and uniform appearance. The portable rugs should be included.

Carpet Shampooing -
Dry Clean Method

Dry cleaning carpet is defined as the spot cleaning, vacuuming, application, and scrubbing of dry-cleaning compound followed by another complete vacuuming. All vacuuming should be done with an upright vacuum. All stained areas shall be treated with spot cleaning solution following the directions of the manufacturer. Spot cleaning shall be continued until as much of the stain as possible has been removed. The dry cleaning shall be performed by applying the "dry" chemical and machine scrubbing the area according to the manufacturer's instructions. Chairs and trash receptacles shall be tilted or
moved where necessary for shampooing and shall be
moved back to their proper area in a timely manner. After sufficient absorption time, the remaining dry-cleaning residue and soil shall be vacuumed completely following a pattern that will give the carpet pile a clean and uniform appearance.








 





Item: 8
127

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 22 Carpet Shampooing -
Extraction Method

Carpet shampooing, extraction method is defined as the spot cleaning, vacuuming, pile brushing, operation of the extraction equipment, and re- vacuuming of all carpet in an area. All vacuuming, both before and after the use of the water extraction equipment shall be done with an upright carpet vacuum. All stained areas shall be treated with spot cleaning solutions, following the directions of the manufacturer of the solutions. Spot cleaning shall continue until as much of the stain as possible has been removed. The water extraction equipment and materials shall meet the Specifications defined in the Contract Documents. The extraction equipment shall be operated over the entire carpeted area. All instructions provided by the manufacturer of the extraction equipment and material shall be followed during their use. Chairs and trash receptacles shall be tilted or moved where necessary for shampooing and shall be moved back to their proper area in a timely manner. After operating the water extraction equipment and allowing
sufficient drying time, the carpet shall be vacuumed following a pattern, which shall give the carpet pile a clean and uniform appearance.

5.00 CHEMICALS, CLEANING PRODUCTS & MATERIALS

5.01 All work involving the use of chemicals shall be in compliance with all Federal, State, and local laws.

Contractor must demonstrate safety procedures for use of chemicals.

5.02 The Contractor shall use Dilution Control Solution Systems and the appropriate chemicals where applicable.

5.03 Records of all operations, including applicator names stating dates, times, methods of application, chemical formulations, and weather conditions shall be made and retained according to governing regulations.

5.04 Material Safety Data Sheets (MSDS) and sample labels shall be provided to the Recreation Manager for all products and chemicals used within the Ci ty, and shall be on site during any application, mixing or transporting of these products and chemicals. All chemical bottles shall have approved labels affixed. Handwritten labels are not acceptable.

5.05 No chemicals or cleaning agents shall be stored at any facility without the express written permission of the Recreation Manager but shall be carried to and from the job site daily.

5.06 Materials used by Contractor in the performance of this Agreement, including but not limited to cleaning supplies and paper products, shall cons ist only of those specific types and brands approved in writing by the Recreation Manager.

5.07 The Contractor shall provide and install all paper and soap products as well as supply and maintain one case of backstock of each of the following supplies at all times in the storage area on site and stock one full case of the following supplies in all restrooms, at all times:
x Toilet paper








 





Item: 8
128

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 23 x Paper towels
x Seat liners
x Hand soap
x Wastebasket liners

5.08 Materials used by Contractor in the performance of this Agreement shall be approved prior to the start of the contract. The Contractor will be required to walk each facility to determine the type and quantity of dispenser to be maintained.

5.09 The bid must include all vendor cleaning materials and equipment, supplies for all restrooms, kitchenettes and necessary paper goods.









 





Item: 8
129

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 24 6. EXHIBIT "B" - SCHEDULE OF SERVICES

6.1. EXHIBIT "B" - SCHEDULE OF SERVICES

1.00 HOURS AND DAYS OF MAINTENANCE SERVICES

1.01 The basic daily hours of maintenance service for the Sport’s Park Recreation Center and Sport’s Park Clubhouses shall be 10:00 p.m. to 6:00 a.m., which shall be considered normal work hours as may pertain to any other provision of the Contract. No work shall begin prior to 10:00 p.m. and all work shall be completed by 6:00 a.m. The basic working days of the maintenance service shall be Sunday through Saturday. This time must be adhered to as oftentimes, the public is in the building until closing time.

1.02 The Contractor shall be responsible for unlocking and re-locking the Park Clubhouses when service is not completed prior to the specified time for locking the facility.

1.03 The Contractor shall not duplicate keys to buildings and park clubhouses; additional keys, as needed, shall be provided by the Recreation Manager. The Contractor will be required to perform an annual key audit with the Recreation Manager or designee.

o All lights are to be turned off when leaving unoccupied buildings.

1.05 Contractor employees shall not use City phon es, computers, copiers, fax machines, or other such equipment.

1.06 Holiday hours are defined as any scheduled work to be performed on the following holidays (observance days subject to change each calendar year): In observance of City Holiday’s, City Hall, and the Sport’s Park Recreation Center will be closed as follows:

New Year’s Day Labor Day
Martin Luther King Jr Day Veteran’s Day
President’s Day Thanksgiving Day Memorial Day Independence Day Christmas Day

1.07 All facilities including the park clubhouses shall be cleaned everyday as specified in the Contract. The Contractor shall contact the Recreation Manager to obtain the actual observance dates of the above Holidays.

2.00 FACILTY SCOPE OF SERVICES
The Contractor will perform the following custodial maintenance services in accordance with all Exhibits at the Facilities described in Exhibit A, Section 2.00.

Contractor Working hours are:
x Sports Park Recreation Center (Sunday – Saturday) – 10:00 p.m. – 6:00 a.m.









 





Item: 8
130

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 25 2.01 DAILY ACTIVITIES IN RECREATION CENTER
A. Locate Contractor checklist. Indicate time of arrival and proceed with all work items indicated as “Daily”.

B. Empty all trash and recycled containers and pape r shredders; re-line as needed with properly sized bags; wipe containers clean, as necessary; remove all waste to a designated central location for disposal.

C. Hand dust and/or damp wipe without streaking all flat surfaces, including but not limited to, counters and receptionist counters, and conference room tables.

D. Hand dust and/or damp wipe all ledges and flat surfaces below 72" from the floor.

E. Remove all finger marks, smudges, and other ma rks around light switches, doorknobs, entry doors, metal partitions, and corridor walls.

F. Clean out outside trashcans at entrance.

G. Wipe clean all chrome, aluminum, stainless steel and other metal trims, such as, but not limited to, push plates, kick plates, door handles and railings.

H. Dust mop all hard surface / tile floor surfaces.

I. Damp mop all hard surface, tile, and wood floors. Spray buff all hard surface / tile areas.

J. Dust mop all wood floors, including gymnasium and activity room floors, at the Lake Forest Sports Park Recreation Center. Mops must be rotated weekly to prevent slippery floors. Maintain separate dust mops for use only on gymnasium and activity room floors.

K. Spray buff and/or apply S.O.S. floor finish as required on hard surface floors to eliminate slippery conditions.

L. Thoroughly vacuum traffic areas of all carpets and rugs, including entrance rugs: spot clean carpets and rugs as needed.

M. Clean glass entrance doors, inside/outside, clean all mirrors; spot clean metal framing, as needed.

N. Clean restrooms: use germicidal detergent to clean all toilets and urinals, inside and outside including seats; clean and polish all flushometers, faucets and all exposed piping.

1. Clean all wash basins/sinks and wipe dry; cl ean and polish all basin fi xtures and exposed pipes underneath.

2. Clean all mirrors, shelves under mirrors, and other shelves or brackets.

3. Clean partitions, doors, and wall areas, as needed.









 





Item: 8
131

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 26 4. Fill all paper and fill or replace soap disp ensers; wipe clean all dispensers and trash receptacles (no refill supplies shall be stocked in vicinity of dispenser). The Contractor shall not cut the top of soap refill and fill disposable contains that are designed to be thrown away once the product has exhausted.

5. Damp mop floor using germicidal detergent.

6. Completely sanitize restroom floors and walls at all facilities.

7. Fill checklist out completely, initial work performed and indicate time all work has been completed. A checklist must be submitted and left on the front desk counter each night.

O. Remove all recyclable items from the single stream recycling bin at each workstation and deposit them in a centrally located receiving bin locate d at the facility being serviced. Removal or transportation of recycled materials from the facility being serviced is not required. Removal or transportation of recycled materials from the facility being serviced is not required.

P. Clean all kitchen and break room counters, coffee s tations, sinks, tabletops and cabinet doors. Refill all dispensers.

Q. Clean water coolers.

R. Notify City staff of any needed repairs.

S. Fill checklist out completely, initial work performed and indicate time all work has been completed.

T. Meet APPA 1 cleaning standard.

2.02 WEEKLY ACTIVITIES IN RECREATION CENTER

Shall be performed on the first day of the week and in addition to all items required under “Daily Activities”:

A. Vacuum all carpeted areas completely.

B. Vacuum all upholstered furniture and fa bric partitions; spot clean as needed.

C. Clean all inside glass partitions.

D. Clean and polish all metal entrance doors and jambs.

E. Dust all baseboards, picture frames and other vertical surfaces of all office furniture; dust all molding, ledges, and windowsills, tops of partitions, trim ventilators, louvers, and air registers regardless of height above floor. Remove all spider webs from ceilings and corners.









 





Item: 8
132

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 27 F. Pour one-gallon water containing two ounces of ge rmicidal detergent down all floor drains including kitchen and restroom floor drains and scrub and clean the custodian's deep sink.

G. Sweep and mop janitorial closets and restock all supplies.

H. Scrub all hard surface / tile floors.

I. Apply new floor finish and buff all hard surface / tile floors at the Lake Forest Sports Park Recreation Center.

J. Damp mop all wood floors, including gymnasium and activity room floors with approved product.

Gymnasium floor mops must be rotated weekly to prevent slippery floors.

K. Replace urinal screens (as needed).

L. Fill checklist out completely, init ial work performed and indicate time all work has been completed.

M. Secure all Contractor Checklists for the previous week and return to Contractor’s office. Contractor shall forward all completed checklists to the Recreation Manager on a weekly basis. Failure to provide these required documents for each Facility will result in a 5% deduction, additive to all other deductions, to the Contractor’s payment for that Facility.

N. Meet APPA 1 cleaning standards.

2.03 MONTHLY ACTIVITIES IN RECREATION CENTER
Shall be performed on the first day of the month and in addition to all items required under “Daily/Weekly Activities”:

A. Machine scrub all hard surface / tile floors; apply new floor finish, including restrooms.

B. Dust all partition tops, door tops, ceiling vents and light fixtures.

C. Dust exposed pipes and overhead exposed mechanical equipment.

D. Clean and polish all metal kitchen appliances.

E. Replace empty hand sanitizer stations (as needed). Contractor shall supply the refills.

F. Wipe clean all kitchen appliances.

G. Fill checklist out completely, initial work perf ormed and indicate any additional work that has been completed.

H. Dust the lobby tvs; do not use a cleaning solution.

2.04 QUARTERLY ACTIVITIES IN RECREATION CENTER
Shall be performed on the first day of the first, fourth, seventh and tenth month of each year of the contract:

A. Those items are listed under daily, weekly, and monthly maintenance.

B. Clean all windows, inside and outside. Carefully remove exterior window screens and clean. 







 





Item: 8
133

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 28 C. Clean walls and ceilings (including partitions).

D. Removal all cobwebs.

E. Replace air fresheners.

F. Clean walls and paneling.

G. Vacuum, spot clean, and shampoo traffic carpet areas using a soil extraction method or alternative method approved by the Recreation Manager. Proper shampooing shall result in a carpet free from all types of airborne soil, dry dirt, water-soluble soils, and petroleum soluble soils. A clean carpet shall be uniform in appearance when dry and vacuumed.

H. Strip, re-seal all hard tile (ceramic, quarry, vinyl, linoleum, etc.) floors. Upon completion of this task, floor shall be free of all scuffmarks, dirt, dust, soil, spots, stains, deposits, and film (dirt, oil, grease, etc.).

I. Fill checklist out completely, init ial work performed and indicate time all work has been completed.

2.05 SEMI-ANNUAL ACTIVITIES IN RECREATION CENTER
Shall be performed on the first day of the first and seventh months of each year of the contract:

A. Those work items are listed under daily, we ekly, monthly, and quarterly maintenance.

B. Clean (wash) all window blinds.

C. Vacuum all heating and air return vents.

D. Clean all baseboards.

E. Vacuum, spot clean, and shampoo all upholstered furniture and fabric partitions using a soil extraction method or alternative method approved by the Recreation Manager.

F. Wipe clean and sanitize all vinyl chairs with a damp cloth. Cleaning methods shall not damage the vinyl or discolor the vinyl in any manner. The contractor shall replace any damaged chairs.

G. Fill checklist out completely, initial work performed and indicate time all work has been completed.

3.00 PARK CLUBHOUSE SCOPE OF SERVICES
The Contractor will perform the following custodial maintenance services in accordance with all Exhibits at the park clubhouses. Hours of work for the park clubhouses ONLY shall be between the hours of 10:00 p.m. and 6:00 a.m. Service for all clubhouses shall occur seven (7) days per week, three hundred and sixty- five (365) days a year.









 





Item: 8
134

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 29 3.01 DAILY ACTIVITIES IN CLUBHOUSES:

A. Locate Contractor checklist. Indicate time of arrival and proceed with all work items indicated as “Daily”.

B. Provide proper signage to be posted outs ide the restroom identifying it is closed for maintenance/cleaning.

C. Clean restrooms: use germicidal detergent to clean all toilets and urinals, inside and outside including seats; clean and polish all flushometers, faucets and all exposed piping.

1. Clean all wash basins/sinks, waterless urinals and wipe dry; clean and polish all basin fixtures and exposed pipes underneath.

2. Clean all mirrors, shelves under mirrors, and other shelves or brackets.

3. Clean partitions, doors, and wall areas, as needed.

4. Fill all paper and fill or replace soap dispensers; wipe clean all dispensers and trash receptacles (no refill supplies shall be stocked in vicinity of dispenser). The Contractor shall not cut the top of soap refill and fill disposable contains that are designed to be thrown away once the product has exhausted.

5. Dust mop and damp mop floor using germicidal detergent; wet mop ceramic tile and terrazzo tile.

6. Completely sanitize restroom floors and walls at all facilities.

D. Spot clean walls, light switches, and dispensers.

E. Empty trash containers: re-line as needed with properly sized bags; wipe containers clean, as necessary; remove all trash to a designated central location for disposal.

F. Verify extra toilet paper, paper towel, seat liners, wastebasket liners and hand soap is fully stocked in the storage area.

G. Remove graffiti.

H. Report any vandalism immediately.

I. Unclog toilets, urinals, and sinks as needed. Report on Checklist.

J. Secure all Contractor Checklists for the previous week and return to Contractor’s office. Contractor shall forward all completed checklists to the Recreation Manager on a monthly basis. Failure to provide these required documents for each Facility will result in a 5% deduction, additive to all other deductions, to the Contractor’s payment for that Facility.

3.02 WeekLY ACTIVITIES IN CLUBHOUSES:

A. Replace urinal screens (as needed).








 





Item: 8
135

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 30 B. Removal all cobwebs.

C. Clean material storage area.

D. Fill checklist out completely, init ial work performed and indicate time all work has been completed.

3.03 MONTHLY ACTIVITES IN CLUBHOUSES:

A. Machine scrub all hard surface / tile floors; apply new floor finish.

B. Fill checklist out completely, initial work performed and indicate time all work has been completed.

3.04 QUARTLY ACTIVITIES IN CLUBHOUSES:

A. Replace air fresheners (as needed).

B. Fill checklist out completely, init ial work performed and indicate time all work has been completed.

C. Powerwash restrooms. Remove paper from or cover all paper dispensers so that the paper does not get wet. Replace any wet paper.

3.05 SEMI-ANNUAL ACTIVITIES IN CLUBHOUSES:

A. Fill checklist out completely, initial work performed and indicate time all work has been completed. 







 





Item: 8
136

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 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 THREE HUNDRED THOUSAND DOLLARS ($300,000.00) based on the following schedule:

Description
Unit of
Measure Frequency Unit Cost Total Cost
Lake Forest Sports Park & Clubhouses Monthly 12 $5,824.00 $69,888.00 Sports Tournaments (Clubhouse & Restrooms-
Outside) Per Occurrence 23 $550.00 $12,650.00
Sports Tournament (Gym & Restrooms-Inside) Per Occurrence 1 $550.00 $550.00 Annual Fixed Cost: $83,088.00
Interior Window Cleaning Hour $50.00
Exterior Window Cleaning Hour $50.00
Power Washing Hour $75.00
Stone Floor Cleaning Sq ft. $0.75
Carpet Cleaning Sq ft. $0.25
Strip & Seal Floor Sq ft. $0.65
Annual Contingency: $16,912
Total Annual Amount: $100,000
Total Contract Amount: $300,000

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. 







 





Item: 8
137

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 32 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. 







 





Item: 8
138

Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 33 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 







 





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Title: Custodial Services at the Lake Forest Sports Park and Recreation Center 34 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.









 





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ATTACHMENT 2
Item: 8
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CONTRACTOR REFERENCE CHECKS
Contact Information:

Agency
Reference 1
South Orange County
Wastewater Authority
Reference 2 Reference 3
St. Edwards Christian
SchoolRunyon Group
Contact Jeanette Cotinola Carolina McGilvra Sergio Lizarraga Did you find the company to be:

Responsive?
(Y=Yes; S=Somewhat; N=No; N/A= Not Applicable)
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Cost Effective?
Thorough?
Did the company Meet or Exceed
Agency Expectations? Yes, exceeds expectations. Yes, exceeds expectations. Yes, meets expectations.

Overall Satisfaction:

Would the Agency Hire the
Company Again? Yes Yes Yes
Additional Comments:

Jeanette highly
recommends the Crown
team.
“Crown goes above and
beyond.” Carolina is very
happy with the service that
has been provided for over
eight years.

No additional comments.

Item: 8
142

CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/4/2024
DEPARTMENT: Public Works
SUBJECT:

AWARD OF AGREEMENT FOR BUS SHELTER MAINTENANCE SERVICES RECOMMENDED ACTION(S):

1. Award Agreement for Maintenance Services in the amount of $211,145.70 to ShelterClean Services, Inc., for Bus Shelter Maintenance Services.

2. Authorize the Mayor to sign, and the City Clerk to attest, the award of contract to ShelterClean Services, Inc., substantially in the form attached.

EXECUTIVE SUMMARY:

The current contract with ShelterClean Services, Inc., (“ShelterClean”) for bus shelter maintenance services expires on June 30, 2024. There are no additional term extensions remaining on the contract and consequently, in accordance with the City’s Purchasing and Contracting Guidelines, the City is required to re- procure these services. Staff authorized the issuance of a Request for Bids in March 2024. After opening bids, staff determined ShelterClean to be the lowest responsive, responsible bidder. Staff recommends the City Council award an Agreement for Maintenance Services to ShelterClean for bus shelter maintenance services.

The proposed Bus Shelter Agreement for Maintenance Services with ShelterClean (“Agreement”) term beginning July 1, 2024, is three years with two optional one-year extensions at the discretion of the City Council (Attachment 1).

The proposed Agreement includes a compensation amount of $211,145.70, and was prepared by the Finance department and approved as to form by the City Attorney. Sufficient funds for the contract are included in the 2023-2025 Operating Budget.

BACKGROUND:

The City maintains 50 bus shelters and 51 bus benches with appurtenant trash receptacles at most locations. These facilities provide convenience for passengers that use bus lines operated by the Orange County Transportation Item: 9
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Authority (“OCTA”) and require periodic cleaning and maintenance. The current contract for bus shelter maintenance services provides for cleaning and repair of all bus shelters and bus benches. The scope of work performed under the current contract consists of pressure washing bus stop shelters, benches, and trash receptacles; emptying of trash receptacles and replacement of plastic bags/liners; and cleaning glass panels and repairing broken glass at bus shelters. Also included in the work is removal of graffiti, and general clean-up at bus shelter and bus bench locations. The current agreement ends June 30, 2024. There are no additional term extensions remaining on the contract and consequently, in accordance with the City’s Purchasing and Contracting Guidelines, the City has re-procured these services. The scope of work for the proposed contract remains the same.

DISCUSSION:

On March 18, 2024, Public Works posted the Request for Bids (“RFB”) through the OpenGov procurement portal for Bus Shelter Maintenance Services.

Nineteen contractors downloaded the project documents. On April 4, 2024, the City received three (3) bids ranging from $211,145.70 to $479,310.66. The solicitation received 324 views, 19 downloads, and 3 applicants. Staff reviewed ShelterClean’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 provided in Table 1 below.

Table 1: Bid Results
Contracting Firm OpenGov Verified Total 3-Year
ShelterClean Services, Inc. $211,145.70
Kept Companies $360,774.00
Z&C Services, Inc. $479,310.66
Staff conducted a reference check on ShelterClean to determine the company’s status as a responsible bidder (Attachment 2). Staff received favorable comments from the company’s references having conducted work for other municipal agencies. Staff also confirmed that ShelterClean maintains a valid contractor’s license as specified in the bid documents and that the company has experience performing similar maintenance projects. In addition, ShelterClean has provided bus shelter maintenance services for the City of Lake Forest for the past ten years through previous contracts awarded in 2014 and 2019, which included fulfilling the two (2) one-year optional agreement extensions under each agreement. Predicated on the review of the bid and background check, staff recommend the City Council deem ShelterClean the lowest responsive, responsible bidder for this maintenance project and award the Agreement for Maintenance Services to ShelterClean.

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The Finance Department prepared the maintenance services agreement with ShelterClean, which the City Attorney reviewed and approved as to form. The proposed agreement would be for the standard three-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 $211,145.70. Per the City’s Purchasing Guidelines, the City Manager may approve additional work not-to-exceed 10% of the original contract amount.

Staff recommends the City Council award an Agreement for Maintenance Services with ShelterClean.

FISCAL IMPACT:

The proposed Agreement for Maintenance Services includes $211,145.70 in total compensation. The Agreement includes a three-year term ending June 30, 2027, with two optional one-year extensions. Sufficient funds exist in the 2023- 2025 Operating Budget to cover the costs of the recommended action.

ATTACHMENTS:

1. Agreement for Maintenance Services with ShelterClean Services, Inc., for Bus Shelter Maintenance Services

2. References for ShelterClean Services, Inc.

Initiated By: Justin Kirk, Street Maintenance Administrator Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 9
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Attachment 1
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BUS SHELTER MAINTENANCE SERVICES

City of Lake Forest
100 Civic Center Dr.

Lake Forest, CA 92630

DocuSign Envelope ID: 9F12351D-EBD0-49A4-BF5D-7CD2DE04D187 Item: 9
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City of Lake Forest
Agreement for Maintenance Services
Bus Shelter Maintenance 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: 9F12351D-EBD0-49A4-BF5D-7CD2DE04D187 Item: 9
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Title: Bus Shelter Maintenance 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 ShelterClean Services, Inc., a California Corporation (Inc.) , with its principal place of business at 11065 Penrose Street, Sun Valley, California 91352 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.” DocuSign Envelope ID: 9F12351D-EBD0-49A4-BF5D-7CD2DE04D187 Item: 9
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Title: Bus Shelter Maintenance Services
4 2. RECITALS.

2.1. Contractor.

Contractor desires to perform and assume responsibility for the provision of certain Bus Shelter 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 Bus Shelter 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 Bus Shelter Maintenance Services project (“Project”) as set forth in this Agreement.

DocuSign Envelope ID: 9F12351D-EBD0-49A4-BF5D-7CD2DE04D187 Item: 9
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Title: Bus Shelter Maintenance 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 Bus Shelter 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.

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Title: Bus Shelter Maintenance Services
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 Alan Mudge, General Manager, 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: 9F12351D-EBD0-49A4-BF5D-7CD2DE04D187 Item: 9
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Title: Bus Shelter Maintenance 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: 9F12351D-EBD0-49A4-BF5D-7CD2DE04D187 Item: 9
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Title: Bus Shelter Maintenance 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: 9F12351D-EBD0-49A4-BF5D-7CD2DE04D187 Item: 9
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Title: Bus Shelter Maintenance 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: 9F12351D-EBD0-49A4-BF5D-7CD2DE04D187 Item: 9
155

Title: Bus Shelter Maintenance 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 TWO HUNDRED ELEVEN THOUSAND ONE HUNDRED FORTY-FIVE DOLLARS AND SEVENTY CENTS ($211,145.70) 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: 9F12351D-EBD0-49A4-BF5D-7CD2DE04D187 Item: 9
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Title: Bus Shelter Maintenance 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: ShelterClean Services, Inc. 11065 Penrose Street
Sun Valley, California 91352
ATTN: Alan Mudge, General 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.

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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.

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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: 9F12351D-EBD0-49A4-BF5D-7CD2DE04D187 Item: 9
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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.

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15 4. SIGNATURES.

4.1. SIGNATURES.

CITY OF LAKE FOREST ShelterClean Services, Inc.

By: [AUTHORIZED CITY SIGNATURE]

Mark Tettemer
Mayor
By: [VENDOR SIGNATURE 1]

Lonnie Fine
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]

Mark Yuenger
Chief Financial Officer (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]
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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 Bus Shelter Maintenance Services for the City's Bus Shelter Maintenance Services project.

DEFINITIONS
Whenever the following terms are used in this agreement, they shall have the following meaning:

A. "CITY" - The City of Lake Forest.

B. "CITY MANAGER" - The fully appointed City Manager of the City or his/her authorized representative.

C. "CONTRACTOR" - The managing individual of the contracting entity or his/her authorized employees or representatives.

D. "PUBLIC WORKS DIRECTOR"- The official designated as the Public Works Director of the City, or any of his/her authorized representatives.

E. "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.

1.00 STANDARDS OF WORK AND CONTRACTOR RESPONSIBILITY

1.01 Contractor shall provide all necessary tools, supplies, equipment, materials, knowledge, and labor to provide bus stop maintenance and related services to the City of Lake Forest as requested. Services of work shall be completed per the City of Lake Forest’s cleaning and maintenance specifications. Examples of work include but are not limited to:

 Commercial pressure washing of bus stop enclosures, benches, trash receptacles, and sidewalks.  Trash and graffiti removal.
 Shelter repair and glass cleaning.
 Capture and legal disposal of all cleaning compounds, liquids, or other related materials per section 6.7 Water Pollution Control of this document.

1.02 The Contractor shall return all areas surrounding work locations to the condition prior to the performance of any services.

1.03 The Contractor will provide all materials to be used in the performance of its duties and all such materials shall be included in the proposal price for said services. For each specific jobsite, the Contractor shall obtain approval of materials and cleaning methods to be used from a designated City representative.

1.04 The Contractor shall perform thorough cleaning of surface improvements identified in this document. Thorough cleaning in this context means complete and total removal of oil, chewing gum, liquid and soft drink stains, ground in dirt, plant material stains, algae, mold, stickers, debris, and other similar items including graffiti. Painting of bus shelters may be required, as necessary, if surfaces are damaged or graffiti cannot be removed. The Contractor shall take more aggressive methods to remove stubborn stains and graffiti through scrubbing or application of approved cleaning materials.

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17 1.05 The Contractor shall not utilize methods or materials that damage, discolor or otherwise damage surface improvements. If the Contractor damages surface improvements during the course of the work, the City retains the right to withhold payment to the Contractor in an amount the City determines fair and reasonable to repair or replace damaged improvements.

1.06 After reasonable attempts at stain removal, the Contractor shall indicate areas that have non- removable or permanent stains. This report shall indicate the location of staining, suspected type of staining, location of staining including nearest address and closest cross street. The City’s representative shall inspect the areas and shall make a final determination as to the nature of the staining. If the City’s representative determines that the reported staining is not permanent, the Contractor shall make additional attempts to remove this material, and no additional compensation shall be provided.

2.00 Locations of Work/ priority list/Maps

Frequency
Count ID# Location Trash Cleaning/
Maintenance
Pressure
Wash
Bench w/ Trash
1 LFBN001 EB ROCKFIELD FS LAKE FOREST BW M M
2 LFBN003 EB MUIRLANDS FS LAKE FOREST BW M M
3 LFBN005 EB MUIRLANDS FS ENTRADOS W M M
4 LFBN007 NB LAKE FOREST FS OVERLAKE BW M M
5 LFBN010 WB MUIRLANDS FS ENTRADOS W M M
6 LFBN012 WB JERONIMO FS RIDGE ROUTE DR BW M M
7 LFBN014 WB JERONIMO FS PARKWOOD BW M M
8 LFBN015 NB RIDGE ROUTE FS TOLEDO BW M M
9 LFBN017 NB RIDGE ROUTE NS SERRANO W M M
10 LFBN018 SB RIDGE ROUTE FS SERRANO W M M
11 LFBN021 EB TRABUCO FS LAKE FOREST BW M M
12 LFBN022 NB LAKE FOREST FS BUFFWOOD BW M M
13 LFBN023 EB TRABUCO NS RIDGE ROUTE BW M M
14 LFBN024 NB LAKE FOREST FS NEWVALE BW M M
15 LFBN025 WB TRABUCO FS RED RIVER BW M M
16 LFBN028 NB LAKE FOREST FS VINTAGE WOODS BW M M
17 LFBN030 NB LAKE FOREST FS REGENCY BW M M
18 LFBN033 WB BAKE PARKWAY WO LAKE FOREST BW M M
19 LFBN034 WB BAKE PRKWY FS RUE DEFORTUNA BW M M
20 LFBN038 NB BAKE PKWY FS RUE DEFORTUNA BW M M
21 LFBN040 SB LAKE FOREST FS BAKE PKWY BW M M
22 LFBN045 SB LAKE FOREST OPP REGENCY BW M M
23 LFBN047 SB LAKE FOREST FS VINTAGE WOODS BW M M
24 LFBN049 SB LAKE FOREST FS STERLING BW M M
25 LFBN050 SB LAKE FOREST FS CANADA BW M M
26 LFBN051 WB TRABUCO FS PEACHWOOD BW M M
27 LFBN053 WB TRABUCO NS PASEO SOMBRA BW M M
28 LFBN054 EB TRABUCO OPP PEACHWOOD BW M M
29 LFBN056 SB LAKE FOREST OPP BUFFWOOD BW M M
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18 30 LFBN058 SB LAKE FOREST FS TOLEDO BW M M
31 LFBN061 SB LAKE FOREST NS OVERLAKE BW M M
32 LFBN062 NB LOS ALISOS FS FORDVIEW BW M M
33 LFBN065 EB MUIRLANDS FS EL TORO W M M
34 LFBN066 WB MUIRLANDS FS LOS ALISOS BW M M
35 LFBN071 EB JERONIMO FS CHERRY BW M M
36 LFBN073 WB JERONIMO FS CHERRY BW M M
37 LFBN080 NB EL TORO NS SERRANO BW M M
38 LFBN081 NB EL TORO NS SANTA MARGARITA W M M
39 LFBN083 NB EL TORO NS ALISO PARK BW M M
40 LFBN085 NB EL TORO FS RAINTREE BW M M
41 LFBN087 WB MUIRLANDS FS EL TORO W M M
42 LFBN091 NB EL TORO FS CORNELIUS BW M M
43 LFBN092 NB EL TORO RD FS MUIRLANDS W M M
44 LFBN093 WB MUIRLANDS FS TULIP ST W M M

45 LFBN096 EB ROCKFIELD NS 23781 EL TORO BLVD W M M
46 LFBN097 SB LOS ALISOS BL FS MUIRLANDS BL BW M M
47 LFBN011 NB RIDGE ROUTE DR FS JERONIMO BW M M
48 NVTR008 NB 23632 EL TORO W M M
49 NVTR009 SB 23621 EL TORO W M M
50 NVTR010 SB 23515 EL TORO W M M
51 NVTR011 NB 23572 EL TORO W M M
Shelter w/ Trash
1 LFBS002 EB MUIRLANDS FS RIDGE ROUTE DR W BW M
2 LFBS008 EB JERONIMO FS LAKE FOREST DR W BW M
3 LFBS009 NB LAKE FOREST FS MUIRLANDS BW BW M
4 LFBS013 WB MUIRLANDS FS RIDGE ROUTE DR W BW M
5 LFBS016 NB LAKE FOREST FS JERONIMO W BW M
6 LFBS019 NB LAKE FOREST FS TOLEDO BW BW M
7 LFBS020 NB LAKE FOREST NS SERRANO BW BW M
8 LFBS026 NB LAKE FOREST FS TRABUCO W BW M
9 LFBS027 NB LAKE FOREST FS PITTSFORD W BW M
10 LFBS029 NB LAKE FOREST OPP DIMENSION BW BW M
11 LFBS031 NB LAKE FOREST FS VISTA TERRACE BW BW M
12 LFBS032 NB LAKE FOREST OPP BURBANK BW BW M
13 LFBS035 NB MARKET PLACE FS TOWN CENTER BW BW M
14 LFBS036 EB TOWN CENTER FS ALTON W BW M
15 LFBS037 EB PORTOLA FS MARKET PLACE W BW M
16 LFBS039 NB BAKE PARKWAY FS PORTOLA BW BW M
17 LFBS041 SB LAKE FOREST FS BURBANK BW BW M
18 LFBS042 SB LAKE FOREST FS PORTOLA BW BW M
19 LFBS043 SB LAKE FOREST FS RANCHO BW BW M
20 LFBS044 SB LAKE FOREST OPP VISTA TERRACE BW BW M
21 LFBS046 SB LAKE FOREST FS DIMENSION BW BW M
22 LFBS048 SB LAKE FOREST FS PITTSFORD W BW M
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19 23 LFBS052 EB TRABUCO FS BAKE PARKWAY BW BW M
24 LFBS055 SB LAKE FOREST FS TRABUCO W BW M
25 LFBS057 SB LAKE FOREST FS SERRANO BW BW M
26 LFBS059 SB LAKE FOREST FS JERONIMO W BW M
27 LFBS060 WB JERONIMO FS LAKE FOREST BW BW M
28 LFBS067 EB MUIRLANDS FS PARKVIEW BW BW M
29 LFBS069 WB MUIRLANDS FS PARKVIEW BW BW M
30 LFBS070 EB JERONIMO FS EL TORO W BW M
31 LFBS072 WB JERONIMO FS LOS ALISOS BW BW M
32 LFBS074 NB EL TORO FS JERONIMO W BW M
33 LFBS075 NB EL TORO NS TOLEDO W BW M
34 LFBS076 SB EL TORO FS PORTOLA W BW M
35 LFBS077 SB EL TORO FS NORMANDALE BW BW M
36 LFBS078 SB EL TORO FS SERRANO W BW M
37 LFBS079 SB EL TORO FS TRABUCO W BW M
38 LFBS082 NB EL TORO NS TRABUCO W BW M
39 LFBS084 NB EL TORO FS NORMANDALE BW BW M
40 LFBS086 WB JERONIMO FS EL TORO W BW M
41 LFBS088 SB EL TORO FS JERONIMO W BW M
42 LFBS089 SB EL TORO FS NORTHCREST BW BW M

43 LFBS090 SB EL TORO FS MUIRLANDS W BW M
44 NVTR001 SB 23501 EL TORO W BW M
45 NVTR002 NB 23562 EL TORO W BW M
46 NVTR003 NB EL TORO NS ROCKFIELD W BW M
47 NVTR004 NB 23730 EL TORO W BW M
48 NVTR005 NB 23718 EL TORO W BW M
49 NVTR006 SB 23647 EL TORO W BW M
50 NVTR007 SB 23653 EL TORO W BW M
TRASH
ONLY

1 LFTR001 WB ROCKFIELD FS 24251 EL TORO RD W N/A N/A
2 LFTR002 EB ROCKFIELD BEFORE ORCHARD LANE W N/A N/A
3 LFTR003 WB TRABUCO FS MANALASTAS ON BIKE TRAIL W N/A N/A 4 LFTR004 WB TRABUCO FS MANALASTAS ON BIKE TRAIL W N/A N/A 5 LFTR005 NB ORANGE BEHIND 23302 EL TORO W N/A N/A
6 LFTR006 SB ORANGE BEHIND 23302 EL TORO W N/A N/A
7 LFTR007 NB ORANGE BEHIND 232 EL SEGUNDO W N/A N/A
8 LFTR008 NB LAKE FOREST FS RANCHO W N/A N/A
9 LFTR009 NB EL TORO @ NORTHCREST (No Bench) W N/A N/A 10 LFTR010 EB MUIRLANDS FS EL TORO W N/A N/A

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20 Bus Shelter

Bus Bench

Trash Only

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21 3.00 CONTRACTOR’S STAFF AND TRAINING

3.01 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.

3.02 Each crew of Contractor'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 Contractor's supervisory personnel present.

3.03 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.

3.04 The Contractor shall require each of his/her 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.

3.05 Each vehicle shall be clearly marked with the Contractor’s company name.

4.00 SAFETY

4.01 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 bus stops. 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.

4.02 For duties within the public right-of-way, the Contractor shall install traffic control per MUTCD/WATCH specifications. Failure to install per the approved plans can result in a stop work notice and may result in deductions.

o All work shall be conducted in a manner with minimal disruption in traffic flow. When sidewalk or parking restrictions are necessary, Contractor will place approved traffic control devices in accordance with standard traffic control plans. If parking must be restricted, temporary “No Parking” signs will be placed a minimum of 72 hours prior to the start of work. All traffic control shall be in accordance with the current California Manual on Uniform Traffic Control Devices (as amended for use in California).

o All traffic control costs including preparation and submission of traffic control plans are included in the Proposal Item price for the associated work and no additional payments for traffic control will be allowed.

5.00 TRAFFIC CONTROL

5.01 Prior to any work in the public right-of-way, the Contractor shall follow typical WATCH/MUTCD traffic control plans for work performed in the City right-of-way. The Contractor shall submit supplementary traffic control plans for unusual circumstances that are out of the ordinary for rig ht-of-way maintenance. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (latest version). The provisions in this section will not relieve the Contractor from its responsibility to DocuSign Envelope ID: 9F12351D-EBD0-49A4-BF5D-7CD2DE04D187 Item: 9
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22 provide such additional devices or take such measures as may be necessary to maintain public safety. Payment shall be included in the unit price and no additional payments will be made.

5.02 When lanes are closed for only the duration of work periods, all components of the traffic control system except portable delineators placed along open trenches or excavation adjacent to the traveled way shall be removed from the traveled way and shoulder at the end of the work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the City Traffic Engineer, within the limits of the right-of-way.

5.03 The Contractor shall comply with all requirements of the City Traffic Engineer and shall bear all costs of required traffic control including, but not limited to signs, cones, portable markers, flagmen, etc..

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 5:00pm business day, an answering service shall b e considered an acceptable substitute. Answering machines are not acceptable.

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 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 NON-INTERFERENCE – NOISE

7.01 Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and i nconvenience to the public or disruption to the peace and quiet of the area within which the services are performed.

7.02 In the event that the Contractor’s operations must be performed when persons of the public are present, Contractor shall courteo usly inform said persons of any operations that might affect them and, if appropriate, request persons to move out of the work area.

7.03 Contractor shall be subject to local ordinances regarding noise levels with regard to equipment operations. Contractor shall not use any power equipment prior to 7:00 a.m. or later than 10:00 p.m., except under emergency circumstances. Further, any schedule of such operations may be modified by Public Works Manager in order to insure that the public is not unduly impacted by the noise created by such equipment.

8.00 INSPECTIONS, MEETINGS, & REPORTS

8.01 City reserves the right to perform inspections, including inspection of Contractor’s equipment, at any time for the purpose of verifying Contractor’s pe rformance of Contract requirements, identifying deficiencies, and access deductions as necessary.

8.02 The Contractor or his/her authorized representative shall meet with the Public Works Manager or his/her representative on each site at the discretion and convenience of the Public Works Manager, for walk-through inspections at no additional cost to the City.

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23 8.03 At the request of the Public Works Manager, the Contractor, or his/her appropriate representative, shall attend meetings and/or training sessions, as determined by the Public Works Manager, for purposes of orientation, information sharing, Contract revision, description of City policies, procedures, standards, and the like at no additional cost to the City.

8.04 At the request of the Public Works Manager, the Contractor shall provide to the Public Works Manager such written documentation and/or regular reports, as the Public Works Manager deems necessary to verify and review Contractor’s performance under this Contract and to provide to the Public Works Manager pertinent information relative to the maintenance, operation, and safety of the City’s property. All reports, logs, tools, etc. shall be maintained and submitted in a City approved electronic format at no additional cost to the City.

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24 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.

1.00 HOURS AND DAYS OF MAINTENANCE SERVICES

1.01 The acceptable daily hours shall consist of weekdays only 8:00 am to 5:00 pm for all services, except monthly pressure washing, and shall be considered normal work hours as may pertain to any other provision of the Contract. Monthly pressure washing shall be completed during nighttime hours when bus routes are not in service.

1.02 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 (i.e. Holiday Schedule) heretofore prescribed shall be subject to approval by the Public Works Manager.

1.03 Contractor shall be available on an on -call basis for emergency calls regarding maintenance issues. Contractor shall provide t he 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.

2.00 HOLIDAY SCHEDULES

2.01 In observance of City Holiday’s, City Hall will be closed as follows (observance days subject to change each calendar year):

New Year’s Day Labor Day Martin Luther King Jr Day Veteran’s Day
President’s Day Thanksgiving Day Memorial Day Thanksgiving Friday Independence Day Christmas Day

3.00 SCHEDULED CLEANING

3.01 WEEKLY, BI-WEEKLY, and MONTHLY (Location and frequency listed in Attachment A):
 Inspect and report of all bus shelters, concrete bus benches, trash receptacles, boarding areas, and the roadway approach and departure zones for damage and potential safety hazards.  Emptying of trash receptacles and replacement of plastic bags/liners.  Weed and litter removal within ten (10) feet of bus shelters and concrete bus benches.  Cleaning of spilled liquids or food and gum and sticker removal from bus shelters, benches, signs, trash receptacles and adjacent sidewalk.
 Graffiti removal from shelters, benches, trash receptacles, signs, and sidewalks.  Clean glass panels.
 Remove any shopping carts found within the passenger boarding area. Shopping carts shall be moved to an area away from the bus zone and secured in such a manner to prevent them from rolling into the DocuSign Envelope ID: 9F12351D-EBD0-49A4-BF5D-7CD2DE04D187 Item: 9
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Title: Bus Shelter Maintenance Services
25 street, parked vehicles, or other objects. Contractor shall call the owners of the shopping carts and notify them of the location for pick up.

3.02 Monthly:
 Professional nighttime pressure washing of bus shelters, concrete bus benches, trash receptacles, and adjacent sidewalk areas. The Contractor shall comply with all water quality regulations while working within the City. Proper BMPs and water reclamation are required. The Contractor will produce an anticipated service schedule the first day of each month for every month of service.  If normal pressure washing techniques are ineffective, mechanical scrubbing and/or chemic al cleaning of heavily soiled areas will be required, including removal of oil, chewing gum, liquid and soft drink stains, ground in dirt, plant material stains, debris, and other similar items. This specialty treatment is considered incidental to the work and shall be paid at the established rates for “Scheduled” cleaning.

3.03 AS NEEDED:
 The Contractor shall replace any broken glass panels on a per unit cost basis and at a prevailing wage rate as quoted within this proposal. Work shall commence after the Contractor has submitted a proposal and it has been approved by the City. See Attachment C

4.00 FUTURE ADJUSTMENTS IN SCHEDULED CLEANING

4.01 The City may, at its discretion, execute an Amendment to the Contract to add new bus stops to be maintained and/or repaired and/or require additional services. The Contractor shall be compensated for the additional bus stop or services that are designated after the date of the commencement of this Contract based on a time and material negotiated proposal. Proposal costs shall not exceed customary costs of similar equipment as submitted in the request for proposals or as adjusted in accordance with subsequent amendments to the agreement.

The Public Works Manager shall notify the Contractor of additions, reductions, or deletions of areas to be serviced in writing.

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Title: Bus Shelter Maintenance Services
26 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 HUNDRED ELEVEN THOUSAND ONE HUNDRED FORTY-FIVE DOLLARS AND SEVENTY CENTS ($211,145.70). Compensation shall be paid per the following schedule and rates.

Description Quantity Unit of
Measure Unit Cost Annual
Total
Shelter Stops Cleaning
Shelter Stop Bi-weekly Maintenance/Cleaning 1300 Per Visit $9.80 $12,740.00 Shelter Stop Monthly Pressure Washing 600 Per Visit $29.90 $17,940.00 Concrete Bench Stops Cleaning
Concrete Bench Stop Monthly Maintenance/Cleaning 612 Per Visit $4.90 $2,998.80 Concrete Bench Stop Monthly Pressure Washing 612 Per Visit $11.70 $7,160.40 Trash Removal
Trash Removal Bi-weekly 1534 Per Visit $3.90 $5,982.60
Trash Removal Weekly 2704 Per Visit $3.40 $9,193.60
Other Items
3/8" Tempered Glass Panel Replacement (Tolar Mfg. Co.

Inc., Model 15 NAHP-GL 23-3/8"x73-3/4") including labor at prevailing wage
10 Each $294.00 $2,940.00
3/8" Tempered Glass Panel Replacement (Tolar Mfg. Co.

Inc., Model 15 NAHP-GL 42-11/16"x73-3/4") including labor at prevailing wage
10 Each $434.30 $4,343.00
Labor Rates
Labor Rates for Extraordinary Maintenance (non-
emergency) 15 Each $62.30 $934.50
Labor Rates for Emergency Maintenance 15 Each $76.60 $1,149.00 Extra Work
Extra Work Annually 1
Time and
Material (as
needed)
$5,000.00 $5,000.00
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Title: Bus Shelter Maintenance Services
27 Year 1 Total: $70,381.90
Year 2 Total: $70,381.90
Year 3 Total: $70,381.90
Total Contract Amount: $211,145.70

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.

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Title: Bus Shelter Maintenance Services
28 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.
(D) Contractors Pollution Liability: Contractors Pollution Liability Insurance covering all of the contractor’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $5,000,000 per loss and $10,000,000 total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another.

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.

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Title: Bus Shelter Maintenance Services
29 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 Contractor’s Pollution 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.

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 DocuSign Envelope ID: 9F12351D-EBD0-49A4-BF5D-7CD2DE04D187 Item: 9
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Title: Bus Shelter Maintenance Services
30 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 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 DocuSign Envelope ID: 9F12351D-EBD0-49A4-BF5D-7CD2DE04D187 Item: 9
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Title: Bus Shelter Maintenance Services
31 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.

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Attachment 2
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Apparent Low Bidder: Contact #1: Contact #2: Contact #3:

ShelterClean Services Inc. City of Santa Monica OC Transportation Authority City of Signal Hill Name Jesus Ocampo Jeff Tatro Margarita Beltran
Phone No. or Email 310-451-5444
[email protected] 714-560-5865 562-989-7250, [email protected]

QUESTION RESPONSE RESPONSE RESPONSE

1. Title and type of project Bus Stop Maintenance OCTS Stops and Zones Maintenance Bus Stop Maintenance

2. Contract Amount $720,000 $1,647,044 $11,700

3. Approximate duration Ongoing Ongoing Ongoing

4. Actual or estimated project completion date 2014-2023 Nov-24 Jul-24

5. Quality of the work Very good Very good. Very good.

6. Similarity of the Project Very good Very good. Very good.

7. Contractor’s relationship with agency representatives Very good Very good. Very good.

8. Claims or stop notices No No No

9. Change order requests No No Request for additional services.

10. Agency’s desire to have contractor bid on future projects Yes Yes Yes

11. Additional Comments Shelter clean is very responsive and addressed issues immediately.

They are the best in the business. We
have used them for over 20 years. We
have two, 2-year option terms so the
current contract will go thru 2028.

Recommend ShelterClean. Good
services.

Questions 5,6,7
Rating Scale: 5 - Very Good, 4 - Good, 3 - OK, 2 - Poor, 1 - Very Poor Questions 8,9,10 - Yes or No
Bus Shelter Maintenance Services
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/4/2024
DEPARTMENT: Public Works
SUBJECT:

AWARD OF CONTRACT FOR LAKE FOREST CITYWIDE ELECTRICAL

MAINTENANCE SERVICES
RECOMMENDED ACTION(S):

1. Award an Agreement for Maintenance Services in the amount of $397,200 to Access Electrical Services, Inc., for Lake Forest Citywide Electrical Maintenance Services.

2. Authorize the Mayor to sign, and the City Clerk to attest, the award of an Agreement for Maintenance Services to Access Electrical Services, Inc., substantially in the form attached.

EXECUTIVE SUMMARY:

The City utilizes an on-call electrical contractor to provide maintenance and repair services for all the City maintained facilities, parks, medians, parkways, and slopes. The current agreement for electrical maintenance services expires June 30, 2024. There are no additional term extensions remaining on the contract. In accordance with the City’s Purchasing and Contracting Guidelines, the City initiated a Request for Proposal (“RFP”) process to procure these services. 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 their ability to provide optimal services at an acceptable cost. After completing a competitive process outlined in the City’s Purchasing Guidelines, staff identified Access Electrical Services (“ASL Electric“) as the most qualified contractor for Citywide Electrical Maintenance Services.

Staff recommends the City Council award an Agreement for Maintenance Services to ASL Electric (“Agreement”). The term for the proposed Agreement would include an initial three-year term with two optional one-year extensions at the discretion of the City Council. The proposed Agreement for Citywide Electrical Maintenance Services with ASL Electric would begin July 1, 2024 (Attachment 1). The contract cost is $132,400 annually, with a three-year total contract cost of $397,200. Sufficient funds for the Agreement are included in the 2023-2025 Operating Budget. The Finance Department prepared the Item: 10
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maintenance services agreement with ASL Electric, which the City Attorney reviewed and approved the agreement as to form.

BACKGROUND:

The City currently provides electrical maintenance services at 31 parks, Civic Center, and at all medians, parkways, and slopes. The current contract for electrical maintenance services includes furnishing all labor, materials, equipment, tools, and incidentals to repair electrical facilities and equipment at these locations as required.

The current agreement with Thomas J. O’Connell dba Lake Forest Electric (“LFE”), for electrical maintenance services expires June 30, 2024. There are no additional term extensions remaining on the contract. In accordance with the City’s Purchasing and Contracting Guidelines, the City initiated an RFP process to procure these services.

DISCUSSION:

Staff solicited proposals for Citywide Electrical Maintenance Services on March 7, 2024. The City received four proposals on March 29, 2024, from ALS Electric, AMTEK Construction, A D Electric, and Horizon Lighting. 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 Qualification 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 ASL Electric, AMTEK Construction, A D Electric, and Horizon Lighting. As summarized in Table 1, staff reviewed the proposals, and three contractors met the minimum required technical criteria and staff therefore invited three to the interview process. Table 2 shows the total score for the interview and cost.

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Table 1:

Technical Review Scoring
Vendor Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4
Avg. Score
(Max Score
100)
ASL Electric 84 82 90 84.5 85.13
AMTEK

CONSTRUCTION
78 80 91.5 55 76.13
A D Electric 65 70 69 50 63.5
Horizon Lighting Inc 27.5 25 41.5 0 23.5
Table 2:

Aggregate Scores Summary – Interview and Cost Scoring
Vendor Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4
Avg. Score
(Max Score
200)
ASL Electric 176.8 168.8 190.4 184 180
AMTEK

CONSTRUCTION
151.8 148.6 163 119.8 145.8
A D Electric 91 91.8 111 86.2 95
Horizon Lighting Inc
Excluded
0 0 0 0 0
During the qualifications interview, ASL Electric demonstrated their knowledge and experience maintaining electrical components and facilities. Cost proposal scoring is based on the costs for as-needed services. At the conclusion of the interview process, all three firms had the opportunity to submit a last, best, and final cost proposal. None of the three firms submitted a revised cost proposal.

After all scores were received, ASL Electric was the highest ranked and lowest cost firm. Table 3 below describes the final cost proposals.

Table 3
Cost Proposals
Firm 3-Year Cost Proposal
ASL Electric $397,200.00
AMTEK Construction $453,499.20
A D Electric $507,900.00
After analysis of the proposals and costs, staff determined ASL Electric to be the most qualified contractor for Citywide Electrical Maintenance Services. ASL Electric is based in the City of Lake Forest and has done work for the City before.

ASL Electric has performed work in Laguna Hills, Ontario, and for the Lake Item: 10
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Forest II Community Association in addition to previous work for Lake Forest.

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 with ASL Electric, which the City Attorney reviewed and approved as to form. The proposed Agreement would include a standard three-year initial term with two optional one- year extensions based on performance and at the City Council’s discretion. The proposed agreement includes an annual cost of $132,400 for a total not-to- exceed compensation amount of $397,200. 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 ASL Electric.

FISCAL IMPACT:

The proposed Agreement for Maintenance Services includes $397,200 in total compensation. The Agreement includes a 3-year term ending June 30, 2027, with two optional one-year extensions. Sufficient funds exist in the 2023-2025 Operating Budget to cover the costs of the recommended action.

ATTACHMENTS:

1. Agreement for Maintenance Services with Access Electrical Services, Inc., for Citywide Electrical Maintenance Services

2. References for Access Electrical Services, 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
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Attachment 1
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CITYWIDE ELECTRICAL MAINTENANCE SERVICES

City of Lake Forest
100 Civic Center Dr.

Lake Forest, CA 92630

DocuSign Envelope ID: EF625721-DAE0-494F-807A-23A53A3B056A Item: 10
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City of Lake Forest
Agreement for Maintenance Services
Citywide Electrical Maintenance 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 ................................ ...........

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Title: Citywide Electrical Maintenance 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 ASL Electric, a California Corporation (Inc.) , with its principal place of business at 20381 Lake Forest Drive Unit B4, Lake Forest, CA 92630 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.” DocuSign Envelope ID: EF625721-DAE0-494F-807A-23A53A3B056A Item: 10
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Title: Citywide Electrical Maintenance Services
4 2. RECITALS.

2.1. Contractor.

Contractor desires to perform and assume responsibility for the provision of certain Electrical 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 Electrical 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 Electrical Maintenance Services Project (“Project”) as set forth in this Agreement.

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Title: Citywide Electrical Maintenance 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 Electrical 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.

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Title: Citywide Electrical Maintenance 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 Johnny Bryant, 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: EF625721-DAE0-494F-807A-23A53A3B056A Item: 10
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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.

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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.

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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: EF625721-DAE0-494F-807A-23A53A3B056A Item: 10
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Title: Citywide Electrical Maintenance 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 THREE HUNDRED NINTY SEVEN THOUSAND TWO HUNDRED DOLLARS ($397,200.00) 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.”
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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: ASL Electric
20381 Lake Forest Drive Unit B4
Lake Forest, CA 92630
ATTN: Johnny Bryant, 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.

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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.

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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: EF625721-DAE0-494F-807A-23A53A3B056A Item: 10
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Title: Citywide Electrical Maintenance 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.

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15 4. SIGNATURES.

4.1. SIGNATURES.

CITY OF LAKE FOREST ASL Electric
By: [AUTHORIZED CITY SIGNATURE]

Mark Tettemer
Mayor
By: [VENDOR SIGNATURE 1]

Johnny Bryant, 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]

Ahsan Khan
Chief Financial Officer (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]
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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 Citywide Electrical Maintenance for the City of Lake Forest.

DEFINITIONS

Whenever the following terms are used in this agreement, they shall have the following meaning:

A. “CITY” - The City of Lake Forest.

B. “CITY MANAGER” - The fully appointed City Manager of the City or his/her authorized representative.

C. “CONTRACTOR” - The managing individual of the contracting entity or his/her authorized employees or representatives.

D. “PUBLIC WORKS DIRECTOR” - The official designated as the Public Works Director of City, or any of his/her authorized representatives.

E. “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.

F. “REPAIRS” – Work required to maintain the serviceability of Electricals specified under this agreement that are outside the scope of the scheduled Preventative Maintenance. Repair work must be authorized by the Public Works Manager prior to the Contractor performance. After hour’s repair is, work outside of normal business hours as indicated in the Contractor’s Proposed Cost of Services Chart and shall be compensated at the proposed item rate for Cost of labor for demolition, installation, maintenance, and repairs.

1.00 STANDARDS OF WORK AND CONTRACTOR RESPONSIBILITY

1.01 The Contractor shall possess and maintain a C -10 General Electrical license by the State of California Contractors Licensing Board through the term of the Contract. All personnel performing work under this Contract shall possess and maintain a state journeyman certification. An electrical apprentice shall work directly under the supervision of a qualified journeyman. 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 electrical maintenance at all times.

1.02 The Contractor shall furnish, at Contractor's own expense, all labor, tools, equipment, and materials necessary, unless specifically excluded herein, to perform Demolition, In stallation, Maintenance and Repair work and Emergency, Holiday and “After Hours” work at the Proposal Item price. The Contractor shall furnish, at Contractor’s own expense, tools, and equipment necessary, unless specifically excluded herein, to perform DocuSign Envelope ID: EF625721-DAE0-494F-807A-23A53A3B056A Item: 10
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Title: Citywide Electrical Maintenance Services
17 authorized work at the Proposal Item price for Labor. Cost of parts shall be paid at the Contractor’s invoice cost for parts and the percentage of markup indicated in this proposal. The Contractor shall attach all receipts to said invoices for review prior to payment. In the absences of a receipt, the invoice will not be paid.

1.03 The Contractor’s forces shall leave work areas free of all dirt, litter, lubricants, or other materials utilized to perform electrical 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 Electrical Maintenance shall be performed in accordance with all accepted standards for electrical demolition, installation; maintenance and repair work to the satisfaction of the Public Works Manager or his/her designee. Contractor shall immediately respond when notified by City to correct unsatisfactory work at no additional charge.

1.05 The Contractor shall main tain individual demolition, installation, 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. These repair and maint enance logs shall be kept in a designated area on each site. Logs shall indicate the date of service, time of service, service performed, the technician performing service and any other information that may affect current or future operation of the electr ical systems. The Contractor shall report these locations, by address, to City’s Public Works Manager, or designee, within 48 hours. (Deductions may be made from the Contractor’s payments if maintenance and repair tasks are not reported to City within the time allowed.)

1.06 The Contractor shall, during the term of this Contract, respond to all callbacks to the satisfaction of the Public Works Manager, within two (2) hours of notification. Failure to comply with this requirement will result in a reduction in payment to the Contractor as determined appropriate by the Public Works Manager.

1.07 Contractor shall, during the term of this Contract, respond to requests for repairs, or emergency repairs as required, twenty -four (24) hours per day, seven (7) days per week, including holidays, by dispatching required technicians to the site, within two (2) hours of contact by the City.

1.08 The City shall provide access to all devices to be serviced by the Contractor. The Contractor shall not be held responsible for equipment malfunction or damage, should access to equipment or the inability to start and stop primary equipment incidental to the operation of the electrical system be denied or not provided by the City.

1.09 The City reserves the right to procure electrical maintenance services from other vendors, as the City deems appropriate.

1.10Failure to meet the requirements under this Contract may result in a deduction per Section 4.00.

2.00 ELECTRICAL SYSTEMS TO BE MAINTAINED
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18 2.01 The service areas, hours of operation, frequencies of service and equipment under the provisions of this Contract include all current and future City owned facilities, parks, restroom buildings, and the public right-of- ways, not limited to the following:

2.01.1 FACILITIES INVENTORY

Current Facilities:

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

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

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Title: Citywide Electrical Maintenance Services
19 DocuSign Envelope ID: EF625721-DAE0-494F-807A-23A53A3B056A Item: 10
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Title: Citywide Electrical Maintenance Services
20 2.01.3 MEDIAN, PARKWAY, AND SLOPE LANDSCAPES INVENTORY

2.01.4 ELECTRICAL EQUIPMENT INVENTORY LIST
All material shall be new, listed, and approved by the Underwriter’s Laboratories (UL) and shall bear the label showing said approval. Contractually required work on City of Lake Forest Inventory includes but is not limited to troubleshooting of problems, new installation, maintenance, demolition and repair of the following items associated with, contained within or attached to any City of Lake Forest owned or managed building:

1. Interior Fluorescent Lighting, Decorative Lighting, Stage Ligh ting, Emergency Lighting Systems, Exit Lighting, Incandescent Lighting, Metal Halide Lighting, Quartz Lighting, Neon Lighting, Sodium Lighting, Illuminated Signs and Other Associated Indoors Lighting Fixtures and Control Systems and any other lighting systems attached to buildings in any way. Sport Court Lighting, Sport Field Lighting, Park Safety Lighting, Park Restroom Lighting, and Bus Shelter Lighting.

2. Pedestals/Meters

3. Ballasts

4. Conduits

5. Wiring

6. Switches

7. Disconnects, Fused and Un-fused

8. Transfer Switches, Automatic and Manual

9. Rheostats

10. Amplifiers and Speakers
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Title: Citywide Electrical Maintenance Services
21 11. Receptacles

12. Meter Service Panels

13. Distribution Panels and Sub-panels

14. Enclosures

15. Breakers

16. Contactors

17. Motor Starters and Controls

18. Transformers

19. Pull boxes

20. High Voltage Systems

21. Low Voltage Systems

22. New Circuits

23. Dedicated Electrical Circuits

24. Wiring and Control Systems of Special Electrical Equipment (Pumps, Compressors, Stoves, Ovens, Refrigerators, Dishwashers, Garbage Disposals, Stage Lighting, Timers, Irrigation Controllers, Irrigation Pumps, Elevators, Automatic Doors, Automatic Doorjamb Locks, Washing Machines, Dryers, Fans, Hand Dryers, Clocks, Audio Visual and Multi-Media Systems etc.) Uninterruptible Power Sources and Other Associated Equipment and Appurtenances.

25. Examples of Troubleshooting include, but are not limited to, investigating electrical failures on electrical equipment and systems located in or attached to any City of Lake Forest building or facility, using standard and specialty diagnostic tools including electrical multi-meters, amp probes, meg ohm meters, tick tracers, phase rotation meters and other electrical diagnostic tools. Determining cause of failures and recommending repairs or replacement of electrical equipment as detailed in the Electrical Scope of Work and Equipment List above as directed by the Public Works Manager or his/her authorized representative.

26. Examples of New Installations include, but are not limited to, installation of new equipment, conduits, wiring and associated electrical services o r devices necessary for the preservation or protection of a DocuSign Envelope ID: EF625721-DAE0-494F-807A-23A53A3B056A Item: 10
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Title: Citywide Electrical Maintenance Services
22 City facility as detailed in the Electrical Scope of Work and Equipment List above as directed by the Public Works Manager or his/her authorized representative. After performing installations, th e Technician shall show changes and modifications to the system on plan sets provided by the City of Lake Forest and submit them for review and approval. If plan sets are not available, the technician shall submit notes and line diagrams of changes for City’s review and approval.

27. Examples of Maintenance include but are not limited to maintenance of equipment, conduits, wiring and associated electrical equipment or devices as detailed in the Electrical Scope of Work and Equipment List above. Maintenance tasks include cleaning electrical cabinets, terminal and insulation inspection, replacement of wire markers, electrical tape and wire nuts, replacement of wire splices, replacement of contacts, replacement of other worn equipment to prevent possible failur e of associated electrical systems as directed by the Public Works Manager or his/her authorized representative. Wire splicing connectors shall be UL approved #M Scotch Coat Cast Weatherproof Splices utilizing barrel crimp compression splices.

28. Examples of Demolition include but are not limited to removal of equipment, conduits, wiring and associated electrical equipment or devices necessary for the preservation or protection of a City facility as detailed in the Electrical Scope of Work and Equipment List above as directed by the Public Works Manager or his/her authorized representative. This work may be required in the case of upgrades of facilities, demolition of facilities or to remove obsolete equipment from service.

29. Examples of repairs include but are not limited to repair of equipment, conduits, wiring and associated electrical equipment or devices as detailed in the Electrical Scope of Work and Equipment List above as directed by the Public Works Manager or his/her authorized representative. This work may be made pursuant to troubleshooting work identified by the Contractor or City Staff, as generated by work order from other City Personnel, request from other users of City Facilities or as identified during other routine maintenance activities.

30. The Contractor shall furnish all personnel, parts, materials, test equipment, tools, and services in conformance with the terms and conditions of this Agreement.

31. City authorization is required prior to performing any repairs whose aggregate parts and labor dollar amount exceeds one hundred and fifty dollars ($150.00). The Contractor shall notify the City’s Authorized Representative as designated by Public Works Manager, and receive authorization prior to performing repairs in excess of $150.00.

2.02 Contractor acknowledges personal inspection of the sites and the surrounding areas and has evaluated the extent to which the physical condition thereof will affect the services to be provided. Contractor accepts the premises in their present physical cond ition, and agrees to make no demands upon City for any improvements or alterations thereof.

ELECTRICAL MAINTENANCE SERVICES SPECIAL PROVISIONS

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Title: Citywide Electrical Maintenance Services
23 1.00 COMMUNICATIONS AND EMERGENCY RESPONSE

1.01 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 business day (see Exhibit B, Section 2.00), an answering service shall be considered an acceptable substitute. Answering machines are not acceptable.

1.02 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 Public Works Manager. If any emergency service request is not responded to in two (2) hours, the Public Works Manager shall be notified immediately of the reason for not meeting the required response time followed by a written report to the Public Works Manager within two (2) working days.

1.03 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 Public Works Manager, 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.

1.04 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 Public Works Manager at all reasonable times.

2.00 SAFETY

2.01 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.

2.02 For duties within the public right-of-way, the Contractor shall submit traffic control plans pursuant to the California MUTCD 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.

3.00 CONTRACTOR’S STAFF AND TRAINING

3.01 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.

3.02 Each crew of Contractor'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 Contractor's supervisory personnel present.

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24 3.03 The City may at any time give Contractor writte n 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 circumstances to assure the City that the conduct and activities of Contractor’s employees will not b e detrimental to the interest of City staff, its contractors & vendors and, the public patronizing the premises.

3.04 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

3.05 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 pe rsonnel 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.

4.00 EQUIPMENT

4.01 The Contractor shall provide Personnel Lifts and/or Aerial Work Platforms as specified in this Section for the price specified in Proposal Item #3 (Cost of Hydraulic Man Lifting Truck Capable of Reaching a 20 Foot Height) and Proposal Item #4 (Cost of Hydraulic Man Lifting Truck Capable of Reaching a 80 Foot Height) of the Contractor’s Proposed Cost of Service. Hydraulic Personnel Lifts/Aerial Work Platforms must be self-propelled, street legal, and fully operational from the work platform. The lifting portion of this equipment must be capable of reaching a minimum of 20 and 80 feet in height. The hourly rate quoted shall include an operator. No additional hourly pay will be provided for this operational equipment over and above the Contractor’s quoted hourly rate for the equipment in proposal items.

4.02 In the event that the Public Works Manager or his authorized representative requests the Contractor to provide specialty equipment that would not normally be supplied by field technicians including Heavy Equipment (all types), Cranes, Scaffolds, and Pavement Cutting Tools, the Contractor agrees that compensation for the specialty equipment shall be as detailed in this section. Regardless of ownership, the rates to be used in determining Contractor’s equipment rental costs shall be the edition of the “Labor Surcharge and Equipment Rental Rates” published by Caltrans, current at the time of the Contractor’s actual use of the tool or equipment. Caltrans’ equipment rates website can be found at the following web address: http://www.dot.ca.gov/hq/construc/equipmnt.html. The labor surcharge rates and right of way delay multipliers published therein are not a pa rt of this contract. Specialty Equipment shall be procured from sources within a fifty -mile radius of the City of Lake Forest if possible. Delivery time will be compensated for actual delivery time or a maximum of one (1) hour for delivery and one (1) ho ur for equipment return regardless of where the equipment is actually located. Specialty Equipment that is not available within this parameter will be compensated for actual delivery time with prior approval by the Public Works Manager or his/her authoriz ed representative.

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25 5.00 NON-INTERFERENCE - NOISE

5.01 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.

5.02 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 mi ght affect them and, if appropriate, request persons to move out of the work area.

6.00 INSPECTIONS, MEETINGS, & REPORTS

6.01 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.

6.02 The Contractor or his authorized representative shall meet with the Public Works Manager or his representative on each site at the discretion and convenience of the Public Works Manager, for walk- through inspections.

6.03 At the request of the City, the Contractor, or his/her appropriate representative, shall attend meetings and/or training sessions, as determined by the City, for purposes of orientation, information sharing, Contract revision, description of City policies, procedures, standards, and the like at no additional costs to the City.

6.04 At the request of the City, the Contractor shall provide to the City such written documentation 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 property. All reports, logs, tools, etc. shall be maintained and submitted in a City approved electronic format at no additional costs to the City.

6.05 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.

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Title: Citywide Electrical Maintenance Services
26 6. EXHIBIT "B" - SCHEDULE OF SERVICES

6.1. EXHIBIT "B" - SCHEDULE OF SERVICES

SCHEDULE OF SERVICES

1.00 SCHEDULING

1.01 All repair services are on an on-call basis and will be paid for actually services rendered.

1.02 Contractor will coordinate and schedule all repairs & replacements with the City in advance. Contractor will notify the City of any changes in those schedules.

1.03 Changes to the schedule shall be received by the City a minimum of 24 hours prior to the scheduled time for the inspection. No change to the schedule shall be implemented without prior approval.

1.04 Failure to perform the work on the day scheduled shall result in a performance deficiency deduction.

2.00 HOURS AND DAYS OF SERVICES

2.01 The acceptable daily hours of services shall be Monday -Friday 8:00 am to 6:00 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.

2.02 Emergency hours are defined as an unexpected and sudden event that must be dealt with urgently in order to provide continuous service.

2.03 Holiday hours are defined as any scheduled work to be performed on the following holidays (observance days subject to change each calendar year): In observance of City Holiday’s, City Hall, and the Sport’s Park Community Center will be closed as follows:

New Year’s Day Labor Day
Martin Luther King Jr Day Veteran’s Day
President’s Day Thanksgiving Day Memorial Day Thanksgiving Friday Independence Day Christmas Day

2.04 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 DocuSign Envelope ID: EF625721-DAE0-494F-807A-23A53A3B056A Item: 10
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Title: Citywide Electrical Maintenance Services
27 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 THREE HUNDRED NINTY SEVEN THOUSAND TWO HUNDRED DOLLARS ($397,200.00). Compensation shall be paid per the following schedule and terms.

Description Quantity
Unit of
Measure Unit Cost Total
Cost of parts and materials
*Parts and Materials Markup 10% to cover procurement
and administration 3 ALLOWANCE $30,000.00 $90,000.00
Cost of Authorized Equipment Rental 3 ALLOWANCE $2,500.00 $7,500.00 Cost of Hydraulic Man Lifting Truck capable of reaching an 20 foot height 300 HOURS $50.00 $15,000.00
Cost of Hydraulic Man Lifting Truck capable of reaching an 80 foot height 150 HOURS $175.00 $26,250.00
Cost of labor for demolition, installation, maintenance, and repairs, (Monday - Friday, 8:00 AM - 5:00 PM) 3000 HOURS $85.00 $255,000.00 Cost of Emergency, Holiday or "after hours" labor for
Installations, maintenance and repairs 30 HOURS $115.00 $3,450.00 Total: $397,200.00
Year 1 Total: $132,400.00
Year 2 Total: $132,400.00
Year 3 Total: $132,400.00
Total Contract Amount: $397,200.00

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.

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28 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.

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Title: Citywide Electrical Maintenance Services
29 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: EF625721-DAE0-494F-807A-23A53A3B056A Item: 10
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Title: Citywide Electrical Maintenance Services
30 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.

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Attachment 2
Item: 10
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Contact #1: Contact #2: Contact #4:

Agency: Lake Forest II HOA
New Vista School,
Laguna Hills Skytech Gaming, Ontario
Contact Info: Bud Finch Bill Bermingham Jeff De Veau
(949) 586-0860 (949) 632-3994 (951) 775-0732

QUESTIONS RESPONSE RESPONSE RESPONSE

1. What were the services
performed? Electrical Services Electrical Services Electrical Services

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: 06/042024

CITY OF LAKE FOREST

DEPARTMENT OF PUBLIC WORKS
Citywide Electrical Maintenance Services

ASL ELECTRIC REFERENCE CHECK
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/4/2024
DEPARTMENT: Information Technology
SUBJECT:

FIRST AMENDMENT TO THE AGREEMENT WITH CONVERGINT

TECHNOLOGIES, LLC FOR CCTV MAINTENANCE SERVICES
RECOMMENDED ACTION(S):

1. Approve the First Amendment to the Agreement for Maintenance Services with Convergint Technologies, LLC for CCTV Maintenance.

2. Authorize the Mayor to sign, and the City Clerk to attest, the First Amendment to the Agreement, substantially in the form attached.

EXECUTIVE SUMMARY:

The City contracts with Convergint Technologies, LLC (“Convergint”) for CCTV system maintenance across five locations: Civic Center, Lake Forest Sports Park, Etnies Skate Park, El Toro Park, and Heroes Park. The Agreement for Maintenance Services with Convergint (“Agreement”) is scheduled to expire on June 30, 2024 (Attachment 1). The proposed First Amendment to the Agreement with Convergint (“First Amendment”) would exercise the first one-year optional extension and establish a new term end date of June 30, 2025. The proposed First Amendment would add $45,268 for the cost of an additional year of services, for a new total contract amount of $181,072. The proposed First Amendment to the Agreement with Convergint was prepared by the Finance Department and approved as to form by the City Attorney. There are sufficient funds available in the 2023-2025 Operating Budget for the recommended action.

BACKGROUND:

Prior to June 2021, the City's CCTV systems were managed by three separate vendors. On April 3, 2018, the City Council approved a three-year contract with Convergint for CCTV maintenance at Lake Forest Sports Park and Etnies Skate Park. In January 2020, Schneider Electric installed a new CCTV system at the Civic Center and provided CCTV maintenance support under warranty.

Subsequently, in November 2021, Inter-Pacific Systems implemented new CCTV systems at El Toro and Heroes Park and provided warranty maintenance services.

Item: 11
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To ensure the efficiency of CCTV system management, staff proposed to consolidate camera maintenance services into a single contract with one vendor.

On June 30, 2021, after a competitive bid process, the City Manager approved an Agreement for Maintenance Services with Convergint for CCTV maintenance at all operational locations in the amount of $135,804 (Attachment 1). The initial term of the Agreement is three years and ends on June 30, 2024. The current agreement includes two optional one-year extensions.

DISCUSSION:

Pursuant to the Civic Center Security Operations Policy and in compliance with California state law which mandates the retention of one year's worth of video footage, the City has prioritized efforts to ensure the effectiveness and reliability of CCTV infrastructure. The City operates CCTV systems at five locations: the Civic Center, Lake Forest Sports Park, Etnies Skate Park, El Toro Park, and Heroes Park. The Convergint Agreement covers maintenance and support for the CCTV systems at all locations. The CCTV maintenance scope of work includes quarterly maintenance services and service request support as detailed below:
•Regular System Checks and Maintenance: Conducted quarterly, these inspections ensure the CCTV system operates efficiently. They can be done on-site or via remote access and include bi-annual cleaning along with adjustments to camera angles and focus.
•Comprehensive Software and Hardware Support: This includes regular updates to Video Management System (VMS) applications, camera firmware, and other critical CCTV software. The service is covered under an all-inclusive contract that handles all associated costs.

The City’s Purchasing and Contracting Guidelines allow for two optional one-year extensions to standard professional consulting services agreements. The proposed First Amendment would exercise the first optional extension to extend the term to June 30, 2025, and add an additional compensation amount of $45,268 to cover the additional year of services (Attachment 2). This annual amount includes a Base Maintenance Cost of $36,658 with up to $8,610 in extra work, subject to City approval.

Table 1 and Table 2 below outline Base Maintenance and Contingency items over a four-year period. The total proposed Base Maintenance and Contingency Cost of services is the same as the total amount for Year 3 under the current Item: 11
218

agreement. Hourly and rental rates for Extra Work would increase as shown in Table 2. These rates would only be deployed if extra work is requested that is not covered under the Base Maintenance scope of services. The increase to hourly rates for extra work is 4.2%.

Table 1: Contract Amount
Year Base Maintenance
Cost Extra Work Total
Year 1 $33,988 $11,280 $45,268.00
Year 2 $35,008 $10,260 $45,268.00
Year 3 $36,058 $9,210 $45,268.00
Subtotal Original
Contract
$105,054 $30,750 $135,804.00
Year 4 $36,658 $8,610 $45,268.00
Total Contract $141,712 $39,360 $181,072.00
Table 2: Contingency/Extra Work Cost Detail
Contingency Items /Extra Work Unit Rate/Cost
Year 1~3
Rate/Cost
Year 4
Video Research Cost (Over 10
Requests)
Per Hour $165 $172
Boom Lift Rental (Over 2 rentals) Per Day $1000 $1040 Boom Lift Rental (Over 2 rentals) Per Week $2500 $2600 Service Request (Over 6 requests) Per Hour $165 $172 Pursuant to the City’s Purchasing and Contracting Guidelines, staff completes a vendor performance assessment during a proposed contract amendment. The vendor performance assessment is used as a guide to determine whether a contract should be amended, renewed, or terminated based on performance in the following categories: performance of scope of services; timeliness; budget performance; and customer service.

Table 3: Vendor Performance Assessment
Convergint Technologies, LLC Consulting Performance Assessment July 1, 2021 to April 8, 2024
Category Rating
Performance of Scope of
Services □ Unsatisfied □ Satisfied X Very Satisfied □ N/A Timeliness □ Unsatisfied X Satisfied □ Very Satisfied □ N/A Budget Performance □ Unsatisfied □ Satisfied X Very Satisfied □ N/A Customer Service □ Unsatisfied □ Satisfied X Very Satisfied □ N/A Item: 11
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Table 3 provides an overall summary of the consultant’s performance during the respective evaluation period. Staff is satisfied with Convergint’s timeliness and very satisfied with all other measures. Based on Convergint’s contract performance, staff recommend approving the First Amendment to the Agreement with Convergint for CCTV maintenance. If approved, the proposed First Amendment would extend the term under the agreement to June 30, 2025, and add $45,268 in compensation, bringing total compensation under the agreement to $181,072. The Finance Department prepared the attached agreement and the City Attorney reviewed and approved it as to form.

Rate increases for a potential future second one-year extension, should the City choose to continue beyond the proposed agreement term, would be limited to the Consumer Price Index for All Urban Consumers in the Los Angeles-Long Beach- Anaheim metropolitan area, as specified in the First Amendment. This ensures the City manages costs effectively while maintaining the quality and continuity of CCTV maintenance services provided by Convergint.

FISCAL IMPACT:

The proposed First Amendment would add $45,268 for the new contract amount of $181,072. Sufficient funds are available in Fiscal Year 2024-25 of the 2023- 2025 Operating Budget.

ATTACHMENTS:

1. Agreement for Maintenance Services with Convergint Technologies, LLC

2. First Amendment to Agreement with Convergint Technologies, LLC Initiated By: Joanne Jin, Information Technology Analyst Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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ATTACHMENT 2
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CCTV SECURITY CAMERA MAINTENANCE

City of Lake Forest
100 Civic Center Dr.

Lake Forest, CA 92630

DocuSign Envelope ID: 231CE882-368C-4AAB-9FA5-F552F4288CAB Item: 11
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City of Lake Forest
First Amendment to Agreement for Maintenance Services
CCTV Security Camera Maintenance
I. PARTIES AND DATE. ................................ ................................ ..............

II. RECITALS. ................................ ................................ ..............................

III. TERMS................................. ................................ ................................ ..

IV. SIGNATURES. ................................ ................................ ........................

V. EXHIBIT "C" - COMPENSATION ................................ ..............................

DocuSign Envelope ID: 231CE882-368C-4AAB-9FA5-F552F4288CAB Item: 11
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Title: CCTV Security Camera Maintenance
3 1. PARTIES AND DATE.

This First Amendment to the Agreement for Maintenance Services (“First Amendment”) is entered into on the [***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 Convergint Technologies, LLC, a California Limited Liability Company (LLC) , with its principal place of business at 1983 S.

Santa Cruz Street, Anaheim, California 92805 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.” DocuSign Envelope ID: 231CE882-368C-4AAB-9FA5-F552F4288CAB Item: 11
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Title: CCTV Security Camera Maintenance
4 2. RECITALS.

2.1. Agreement
The Parties entered into that certain Agreement for CCTV Security Camera Maintenance Services dated June 30, 2021 (“Agreement”).

2.2. First Amendment
The Parties now desire to amend the Agreement in order to extend the term of the Agreement, increase total amount of compensation under the Agreement, and update the rates of compensation under the Agreement.

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Title: CCTV Security Camera Maintenance
5 3. TERMS.

3.1. Term.

Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:

The term of this Agreement shall be from July 1, 2021 to June 30, 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 one (1) 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. Rates of Compensation
Exhibit “C” of the Agreement is hereby amended in its entirety in the form of EXHIBIT "C" - COMPENSATION to this First Amendment, attached hereto and incorporated herein.

3.3. Remaining Provisions of Agreement.

Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

DocuSign Envelope ID: 231CE882-368C-4AAB-9FA5-F552F4288CAB Item: 11
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Title: CCTV Security Camera Maintenance
6 4. SIGNATURES.

4.1. SIGNATURES.

CITY OF LAKE FOREST Convergint Technologies, LLC
By: [AUTHORIZED CITY SIGNATURE]

Mark Tettemer
Mayor
By: [VENDOR SIGNATURE 1]

Larry Hillman
Vice 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]

Bob Berkery
General Partner (Limited Partnership)
APPROVED AS TO FORM:

By: [CITY ATTORNEY SIGNATURE]

Best Best & Krieger LLP
City Attorney

[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
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Title: CCTV Security Camera Maintenance
7 5. EXHIBIT "C" - COMPENSATION

5.1. EXHIBIT "C" - COMPENSATION
Compensation
Contractor shall be paid for services rendered in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Services the not to exceed fee of ONE HUNDRED EIGHTY-ONE THOUSAND SEVENTY-TWO DOLLARS ($181,072) based on the following schedule:

Year Base Maintenance
Cost
Contingency Items / Extra Work Total
Year 1 $33,988.00 $11,280.00 $45,268.00
Year 2 $35,008.00 $10,260.00 $45,268.00
Year 3 $36,058.00 $9,210.00 $45,268.00
Original Total Compensation: $135,804.00
Year 4 (1st Amendment) $36,658.00 $8,610.00 $45,268.00 First Amendment Total Compensation: $181,072.00

Contingency Items / Extra Work Unit Rate/Cost
(Year 1-3)
Rate/Cost
(1st Amendment)
Video Research Cost (Over 10 requests) Per Hour $165.00 $172.00 Boom Lift Rental (Over 2 rentals) Per Day $1,000.00 $1,040.00 Boom Lift Rental (Over 2 rentals) Per Week $2,500.00 $2,600.00 Service Request (Over 6 requests) Per Hour $165.00 $172.00

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: 231CE882-368C-4AAB-9FA5-F552F4288CAB Item: 11
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/4/2024
DEPARTMENT: City Manager
SUBJECT:

CONSIDERATION OF THE SMALL BUSINESS DEVELOPMENT CENTER
(“SBDC”) MAIN ST. DIGITAL PROGRAM
RECOMMENDED ACTION(S):

1. That the City Council authorize the City Manager to negotiate and enter into an Agreement with the Cal State University Fullerton Auxiliary Services Corp for the provision of Main St. Digital Services

2. Adopt a Resolution Entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2023-2025 OPERATING BUDGET; AMENDING APPROPRIATIONS FOR FISCAL
YEAR 2023-24
EXECUTIVE SUMMARY:

The Strategic Economic Investment Program (“SEIP”), approved by the City Council in February 2022, allocated $8,303,350 for economic support programs, with subsequent appropriations totaling $4,335,944 for various initiatives. The 2023 Business/Resident Satisfaction Survey revealed that businesses seek improved marketing strategies and website updates to boost profitability. The 2023-2030 Strategic Plan introduced an initiative to reformulate the City's SEIP under Strategic Plan Initiative #23 - SEIP 2.0.

In February 2024, the City Council approved setting aside $50,000 from SEIP to fund potential Small Business Development Center (“SBDC”) programs, as well as consolidating budgets for the Restaurant Industry and Other Impacted Industry Assistance categories. The SBDC offers tailored services and consulting to foster small business growth and success.

The proposed Main St. Digital Program aims to assist businesses in establishing a digital presence. Eligible businesses would receive virtual training and one-on- one consulting over four weeks. Upon completion, businesses meeting requirements would receive $1,000 grants for digital advertising campaigns.

Staff recommends the City Council approve the budget allocation to the Main St.

Digital Program in the amount of $50,000 (Attachment 1) and authorize the City Item: 12
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Manager to negotiate and enter into an Agreement with Cal State University (“CSU”) Fullerton Auxiliary Services Corp (“ASC”) (Attachment 2) for the Main St.

Digital Program.

BACKGROUND:

SEIP
On February 15, 2022, the City Council approved the SEIP. The SEIP established a budget for economic development programs to help local businesses recover from the COVID-19 pandemic. It assigns $8,303,350 in economic support funds to three business types: restaurants, hotels, and other businesses impacted by COVID-19.

The initial allocations of SEIP funds by category can be seen in Table 1 below.

Table 1: SEIP Business Support Allocations
Category Allocation
Restaurant Industry Assistance $3,803,350
Hotel Industry Assistance $2,500,000
Other Impacted Industry Assistance $2,000,000
Total Business Support $8,303,350
Following the establishment of SEIP, the City Council Audit Committee and staff began formulating economic development programs for City Council consideration. Table 2 outlines the funds that have been appropriated for SEIP related programming to date.

Table 2: SEIP Program Spending Summary
Phase Approval Date Funding Amount
Agreement with HdL 6/21/2022 $124,790
BOGO Phase 1 10/4/2022 $575,000
Catalytic Converter Program Phase 1 10/4/2022 $111,154
BOGO Phase 2 2/21/2023 $565,000
Catalytic Converter Program Phase 2 2/21/2023 $60,000
Taste 7/5/2023 $75,000
BOGO Phase 3 8/15/2023 $565,000
BOGO Phase 4 10/17/2023 $565,000
BOGO Phase 5 11/21/2023 $565,000
BOGO Phase 6 1/16/2024 $565,000
BOGO Phase 7 3/5/2024 $565,000
BOGO Phase 8 5/21/2024 $565,000
Total if approved: $4,900,944
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Business/Resident Satisfaction Survey and Strategic Plan Results from the 2023 Business/Resident Satisfaction Survey indicate more than half of the surveyed businesses expressed a desire to enhance their profitability through improved marketing and advertising strategies. Additionally, a similar proportion of respondents highlighted the importance of updating their business websites to attract a broader customer base. Over 40% of businesses expressed their anticipation for growth. Addressing this has become a priority for the enhancement of our community and economic growth.

The updated 2023-2030 Strategic Plan included an initiative to develop and present a plan to reformulate the City’s SEIP, Strategic Plan Initiative #23 – SEIP

2.0. This initiative aims to expand and diversify the reach of SEIP funding within the business community.

SEIP Reformulation
On February 6, 2024, staff presented potential programming for the reformulation of the City’s SEIP. The City Council approved setting aside $50,000 from SEIP to fund potential SBDC programs. The City Council also approved combining the budgets for the Restaurant Industry Assistance and Other Impacted Industry Assistance categories. Table 3 outlines the remaining funds between the combined categories.

Table 3: Combined Categories’ Remaining Funds
Category Allocation Appropriated
Funds
Remaining
Funds
Restaurant Industry and
Other Impacted Industry
Assistance
$5,803,350 $4,900,944 $902,406
As demonstrated by Table 3, there are sufficient funds remaining in the combined categories to fund the $50,000 set aside for SBDC programs. During the February 6 meeting, the City Council directed staff to return at a later date to present potential program guidelines of an SBDC program.

SBDC
The SBDC, supported by the U.S. Small Business Administration (“SBA”), serves as a resource for entrepreneurs and small business owners throughout the United States. Operating in partnership with universities, colleges, state economic development agencies, and private sector organizations, the SBDC offers a diverse array of services tailored to address the unique needs of small businesses at every stage of development. From business plan development and Item: 12
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market research to financial management guidance and assistance with loan applications, the SBDC provides invaluable support to foster growth and success.

The SBDC has experienced business advisors who offer free or low-cost consulting services. The advisors, equipped with expertise in various aspects of business management, serve as mentors to entrepreneurs, guiding them to navigate challenges, capitalize on opportunities, and ensure compliance with legal and regulatory requirements. Through accessible resources, training, and consulting services, the SBDC empowers small businesses, drives economic development, and contributes to vibrant and resilient communities nationwide.

SBDC representatives are employees under the CSU Fullerton ASC.

Main St. Digital
The SBDC offers the Main St. Digital Program, a virtual training program that typically takes place over four weeks and aims to assist brick-and-mortar retail businesses with creating a digital presence for their business. All sessions take place in a group format and are coupled with individual one-on-one consulting with an SBDC consultant.

There are certain eligibility requirements set by the SBDC and the partnering City, that a business must meet to participate in the program. The program would offer a grant from the City to fund participating businesses’ paid online advertising.

City of Tustin’s Main St. Digital Program
In June of 2023, the City of Tustin offered the Main St. Digital Program. Its program was open to commercial businesses, home-based businesses, and nonprofits that had a physical location in Tustin and had between two to twenty- five full-time equivalent employees. Cannabis-related businesses, gambling facilities, adult entertainment businesses, massage parlors, largely cash-based businesses, and residential or real estate projects including short-term rental operators were not considered eligible to participate. Participants were also required to have an active Tustin business license.

Tustin received thirty-one participants who met all eligibility requirements. The training consisted of four online courses that covered topics such as how to set- up an online profile through Google, how to reach out to customers for a Google review, how to create and send Facebook or Instagram posts, and how to use paid and non-paid advertising to generate leads that turn into sales. The group- format training also included one-on-one consulting with an SBDC consultant.

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Businesses who submitted all required documentation and attended all classes received a $1,000 grant from the City. The City awarded grant funds in a single disbursement and required that businesses spend the money on a digital/online paid advertising campaign no later than two months following the program start.

Funds that were not spent by the deadline were required to be returned to the City. To ensure compliance with the spending requirements, Tustin required the businesses to maintain documentation to evidence the use of Grant Funds if the City required evaluation.

The program also required the business to continue to work one-on-one with an SBDC consultant for twelve months following the program’s end. If contacted by the City or SBDC, all awardees were required to update the City on their business and if additional employees have been hired or employees retained. A twelve-month report was created by the SBDC and the City of Tustin to document the success of the program.

DISCUSSION:

Staff, in collaboration with the SBDC and utilizing the City of Tustin’s program as a template, developed guidelines for the proposed City of Lake Forest Main St.

Digital Program.

Eligibility and Application Submission
Staff recommend opening the potential Main St. Digital Program to a maximum of thirty-five businesses. Commercial businesses, home-based businesses, and nonprofits that have a physical location in Lake Forest would be eligible to participate. The businesses must employ between two to twenty-five full-time equivalent employees. Staff also recommend requiring a current business registration form be on file with the City and that the business comply with any City permit/license requirements applicable to the business.

The SBDC would be responsible for hosting the application portal and for receiving all applications. The SBDC would also be responsible for vetting the applications, ensuring they meet eligibility requirements. The City would provide input on applications if necessary. Applications would be approved on a first- come first-serve basis. If the City anticipates a large influx of applications, a lottery would be implemented.

Program
The program would take place in a group format and be conducted virtually over the course of four weeks. The program would cover topics that assist businesses with “Creating a Digital Presence”. Each session would also include one-on-one Item: 12
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consultation with an SBDC consultant. The SBDC would work with each client throughout the duration of the program and beyond. Every quarter, the SBDC would track and measure the success of each business as it deploys its marketing campaigns. The SBDC would track changes in sales, jobs created, and/or increases in customer traffic.

If contacted by the City or SBDC, all awardees would be required to update the City on their business. A twelve-month report would be created by the SBDC and the City to document the success of the program. By accepting the grant, the business agrees to comply with City information requests that may include the use of photos or business logos.

Grants
Staff recommend offering $1,000 grants to thirty-five eligible businesses. Funds would be distributed in a single disbursement to all businesses that meet the requirements following the completion of the program. The businesses would be required to spend the money on a digital/online paid advertising campaign no later than two months following the program’s end. Funds that were not spent by the deadline would be required to be returned to the City. To ensure compliance with the spending requirements, the City would mandate that businesses maintain documentation to evidence the use of Grant Funds to be presented to the City upon request.

Funding
The City Council approved setting aside $50,000 to fund SBDC programs. Table 4 below outlines the potential disbursement of funds in relation to the implementation of the presented program.

Table 4: Allocation of funds for Main St. Digital Program Services Item Funding Amount
Administration Cost $15,000
Grant Cost $35,000
Total $50,000
$15,000 would be allocated toward an administrative fee for the SBDC to implement the program. $35,000 would cover $1,000 grants for thirty-five participating businesses.

Implementation
The City would need to enter into an Agreement with the CSU ASC for the provision of services described in this report. The proposed draft agreement is Item: 12
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attached for the City Council’s review. The City Attorney’s Office reviewed the ASC template agreement in its entirety and made edits to the agreement. Upon approval from the City Council, the City Manager, in working with the City Attorney’s Office, would work with the ASC to finalize and execute the agreement.

The $15,000 administrative fee would fund the SBDC’s implementation of the program. The fee would cover the following services:

1. The setup of an online application;

2. The setup of a webpage on the SBDC website, featuring program guidelines and the application;

3. The receiving and vetting of applications prior to City approval;

4. The facilitation of an internal lottery for selecting applicants if necessary;

5. The creation of Datarooms for selected awardees to submit sensitive documentation securely prior to City finalization;

6. The hosting of a 4-week training program;

7. The reporting of attendance to promote compliance with the program guidelines;

8. The provision of awardees with 1:1 consulting during and after the program.

These services are provided by the SBDC, with input from the City, minimizing staff time and resources required from the City to run the program. The City reviews business eligibility (attendance verified by the SBDC) and would initialize grant payment simultaneous with the Main Street Digital trainings. This ensures that payments can be given to awardees in a timely manner. Following the successful completion of the Main Street Digital Program, awardees would be invited to a City Council meeting and presented with certificates.

Staff recommends the City Council approve the budget allocation to the Main St.

Digital Program in the amount of $50,000 and authorize the City Manager to negotiate and enter into an Agreement with CSU Fullerton ASC for the Main St.

Digital Program.

FISCAL IMPACT:

Authorizing the attached Resolution would appropriate $50,000 to the City’s General Fund in the 2023-25 Operating Budget to cover the costs of the proposed Main St. Digital Program with ASC.

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ATTACHMENTS:

1. Resolution

2. Draft California State University Auxiliary Services Corp Agreement Initiated By: Hope Hairrell, Management Assistant
Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
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ATTACHMENT 1

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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

WHEREAS, the 2023-2025 Operating Budget and the appropriations for Fiscal Year 2023-24 were adopted by the City Council on June 20, 2023; and

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.

Section 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 concurrence 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.

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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.

PASSED, APPROVED AND ADOPTED this 4th day of June 2024, by the following vote, to wit:

ATTEST:

MARK TETTEMER
MAYOR

LISA BERGLUND

CITY CLERK

APPROVED AS TO FORM:

MATTHEW RICHARDSON

CITY ATTORNEY

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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 4th day of June 2024, by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

LISA BERGLUND

CITY CLERK
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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 5,288,996 50,000 $5,338,996

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ATTACHMENT 2

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55136.00220\42281375.1

1 SERVICE AGREEMENT

This Agreement for Services (herein "Agreement"), is made and entered into this _____ day of ____, 2024, by and between the CITY OF LAKE FOREST, a municipal corporation ("City"), and CSU Fullerton Auxiliary Services Corp (“ASC”), a non -profit corporation which is a recognized auxiliary organization serving California State University, Fullerton (CSUF), operating pursuant to California Education Code § 89900, et seq. and California Code of Regulations Title 5, § 42400, et seq. ("ASC").

WHEREAS, ASC desires to perform services required by City, on the terms and conditions set forth in this Agreement, related to business and business-related technical assistance to residents and businesses of the City; and

WHEREAS, ASC is qualified to provide the necessary services and has agreed to provide such services; and

WHEREAS, ASC has submitted to City a proposal, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference ("Scope of Work"); and

WHEREAS, City desires to engage ASC to render the services required by the City on the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the premises and mutual agreements contained herein, City agrees to employ and does hereby employ ASC and ASC agrees to provide services as follows:

1. SERVICES OF ASC

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, ASC shall provide those services identified in the Scope of Work attached hereto as Exhibit A (the "services" or "work"). ASC certifies that all services shall be performed in a professional manner as described in Exhibit A. In the event of any inconsistency between the terms contained in Exhibit A and the terms set forth in the main body of this Agreement, the terms set forth in the main body of this Agreement shall govern.

1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of the City of Lake Forestand of any federal, state or local governmental agency of competent jurisdiction.

1.3 Licenses and Permits. ASC shall obtain at its sole cost and expense such licenses, permits , and approvals as may be required by law for the performance of the services required by this Agreement.

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2 1.4 Familiarity with Work . By executing this Agreement, ASC certifies that ASC (a) has reviewed and considered the work to be performed, (b) has investigated the site of the work and become fully acquainted with the conditions there existing, (c) has carefully considered how the work should be performed, and (d) understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should ASC discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, ASC shall within five (5) business days inform City of such fact and shall not proceed with any work except at ASC’s risk until written instructions are received from the Contract Officer.

1.5 Care of Work. ASC warrants to the City that all work performed under this Agreement will be performed in accordance with the professional standards and degree of care applicable to professionals who specialize and provide similar services. ASC shall adopt and follow reasonable procedures and methods during the term of the Agreement to prevent loss or damage to materials, papers or other components of the work, and shall be responsible for all such damage until acceptance of the work by City, exc ept such loss or damages as may be caused by City's sole negligence or willful misconduct.

1.6 Additional Services. ASC shall perform services in addition to those specified in the Scope of Work when directed to do so in writing by the Contract Officer, provided that ASC shall not be required to perform any additional services without compensation. Any additional compensation not exceeding ten percent (10%) of the original Agreement sum must be approved in writing by the Contract Officer. Any greater increase must be approved in writing by the City Manager.

2. COMPENSATION

2.1 Compensation of ASC. For the services rendered
pursuant to this Agreement, ASC shall be compensated and reimbursed only such amount as are prescribed in Exhibit A, in an amount not to exceed $15,000. The City will cap all indirect expenses to no more than 10% of total compensation. This is a fixed payment contract. The total cost for this Contract shall not exceed $15,000 for services performed in accordance with the Scope of Work. City agrees to pay each invoice total, within 30 days of receipt. Billing and Payment: at execution of the Contract $7 ,500 will be invoiced; followed by at completion of the program $7,500 will be invoiced.

2.2 Method of Payment. ASC shall submit to City, in the form approved by City’s Director of Finance, an invoice for services Item: 12
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55136.00220\42281375.1

3 rendered in accordance with Exhibit A. City shall pay each invoice for all expenses stated thereon which are approved by City consistent with this Agreement, within thirty (30) business days of receipt.

2.3 Changes. In the event any change or changes in the work is requested by City, the parties hereto shall execute an addendum to this Agreement, setting forth with particularity all terms of such addendum, including, but not limited to, any additional fees.

Addenda may be entered into:

A. To provide for revisions or modifications to
documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product or work;

B. To provide for additional services not
included in this Agreement or not customarily furnished in accordance with generally accepted practice in ASC’s
profession.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence . Time is of the essence in the
performance of this Agreement. ASC will perform their services as expeditiously as is consistent with professional skill and care and the orderly progress of a project of this scope.

3.2 Schedule of Performance . All services rendered
pursuant to this Agreement shall be performed within any time periods prescribed in the Scope of Work, attached hereto as Exhibit A. The extension of any time period specified in the Exhibit A must be approved in writing by the Contract Officer.

3.3 Force Majeure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of ASC, including, but not restricted to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if the Consultant shall, within a reasonable time but no greater than ten (10) business days of the commencement of such condition notify the Contract Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Item: 12
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4 Agreement. Force Majeure events, regardless of the Party responsible for the delay, shall not entitle ASC to any additional compensation.

3.4 Term. Unless earlier terminated in accordance with Section 7.6 of this Agreement, this Agreement shall continue in full force and effect until completion of the services as described in t he Exhibit A but not exceeding one (1) year from the date hereof, unless extended by mutual written agreement of the parties.

4. COORDINATION OF WORK

4.1 Principal Contacts of ASC.

Technical/Programmatic:

Regional Director
California State University, Fullerton
800 N. State College Blvd., SGMH-4157B
Fullerton, CA 92831
Phone: (657) 278
Email:

Administrative:

Director, Office of Sponsored Programs
CSU Fullerton Auxiliary Services Corporation
1121 N. State College Blvd.

Fullerton, CA 92831
Telephone: (657) 278
Email:

Authorized Official:

Executive Director
CSU Fullerton Auxiliary Services Corporation
1121 N. State College Blvd.

Fullerton, CA 92831
Telephone: (657) 278
Email:

It is expressly understood that the experience,
knowledge, capability, and reputation of the foregoing Principal Contacts is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principa l Contacts shall be responsible during the term of this Agreement for directing all activities of ASC and devoting sufficient time to personally supervise the services hereunder. The foregoing Principal Contacts may not be changed by ASC without the express written approval of City.

4.2 Contract Officer. The Contract Officer shall be the City Manager or their designee. It shall be the ASC’s responsibility to keep Item: 12
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5 the Contract Officer fully informed of the progress of the performance of the services and ASC shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.

Contract Officer:

City Manager
City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
(949) 282-5213
Email: [email protected]

4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of ASC, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, ASC shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City.

4.4 Independent Contractor. Neither the City nor any of its officers, agents or employees shall have any control over the manner, mode or means by which ASC, its agents or employees perform the services required herein, except as otherwise set forth herein. ASC shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.

ASC shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. ASC shall be solely responsible for compliance with State and Federal Law with respect to the wages, hours, benefits, and working conditions of its employees, including requirement for payroll deductions for taxes.

Employees or independent contractors of ASC are not City employees and are considered at all times to be under ASC’s exclusive direction and control.

5. INSURANCE / INDEMNIFICATION

5.1 Insurance.

A. ASC shall maintain in full force and effect
during the term of these Agreement policies of commercial general liability and automobile liability insurance (each of which Item: 12
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6 shall include property damage and bodily injury) and each with limits of at least $1,000,000 combined single limit coverage per occurrence or accident.

B. ASC shall maintain in full force and effect
during the term of this Agreement a policy of professional liability insurance coverage with limits of at least $1,000,000 combined single limit coverage per claim or per occurrence. If ASC provides claims made professional liability insurance, ASC shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement or to cover claims made within five (5) years of the completion of ASC’s service under this Agreement, or (2) to mai ntain professional liability insurance coverage with the same carrier in the amount
required by this Agreement for at least five (5) years after completion of ASC’s services under this Agreement. ASC shall also provide evidence to the City of the purchase of the required tail insurance or continuation of the professional liability policy by executing the attached Letter Agreement on ASC’s
letterhead.

C. ASC shall carry and pay for such workers’
compensation insurance as is required fully protect ASC and its employees under California Worker’s Compensation Insurance Law. The insurance company shall agree to waive all rights of subrogation against the City for losses paid under the policy, which losses arose from the work performed by the named insured.

D. Evidence of such insurance in the form of
Certificates and Insurer Endorsements shall be delivered to the City prior to execution of the Agreement. The Insurer
Endorsements (or a copy of the policy binder, if applicable) shall provide that (1) said insurance shall not be cancelled, except if the insurer provides the City thirty (30) business days written notice of any cancellation or termination of insurance; (2) general liability insurance shall be primary to and not contributing with any other insurance maintained by the City, and shall name "the City of Lake Forest and their respective officers and employees" as additional insureds, and shall provide that all losses shall be payable notwithstanding any act or failure to act or negligence of the City, or any other person; (3) shall contain a provision that the insurer waives any right of subrogation against the City insured parties which may arise by reason of any payments made under a policy; and (4) if ASC is self-insured for Workers Compensation, ASC shall submit to Licensor a copy of its certification of self-insurance.

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7 E. The insurance obligations under this
Agreement shall be: (1) all the insurance coverage and/or limits carried by or availa ble to the ASC; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of t his
Agreement are sufficient to cover t he obligations of the ASC under this Agreement.

5.2 Indemnification. The Consultant shall defend, indemnify and hold harmless the City, its officers and employees, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person or persons, for damage to property, including property owned by City, arising from errors and omissions of Consultant, its officers, employees and agents, and arising out of or related to Consultant's performance under this Agreement, except for such loss as may be caused by City's sole negligence or that of its officers or employees.

The Consultant shall also defend, indemnify and hold the City harmless from any claims or liability for City health and welfare, retirement benefits, or any other benefits of part-time or fulltime City employment sought by Consultant’s officers, employe es, or independent co ntractors, whether legal action, administrative proceeding or pursuant to State statue.

6. RECORDS AND REPORTS

6.1 Reports. ASC shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require.

6.2 Records. ASC and City agree to maintain and preserve all records to this Agreement for three (3) years after termination. ASC agrees to permit City or any of its duly authorized representatives to have access to and to examine and audit, any pertinent books, documents, papers, and records related to this Agreement.

Furthermore, all records related to this Agreement shall be reasonably available for inspection by the Contract Officer.

6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by ASC in the performance of this Agreement shall be the property of ASC Item: 12
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8 (“CSUF IP”). All drawings, specifications, reports, records, documents and other materials prepared by City under this Agreement shall belong to City (“City IP”). All drawings, specifications, reports, records, documents and other materials prepared jointly by ASC and City shall be jointly owned (“Joint IP”). CSUF IP and Joint IP shall not include any drawings, specifications, reports, records, documents and other materials prepared, delivered, or communicated to City pursuant to Sections 4.2 and 6.1 of this Agreement. City shall have an exclusive option for 6 months following completion of the statement of work under this Agreement to negotiate with CSUF to obtain, under reasonable terms and conditions, including a reasonable royalty, an assignment of or exclusive license rights to CSUF IP or CSUF’s rights in Joint IP or both. CSUF and City shall negotiate in good faith.

6.4 Release of Documents . All drawings, specifications, reports, records, documents and other materials prepared by ASC in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. Notwithstanding the foregoing, ASC/CSUF may release information concerning the existence of the project, the general nature of the research, the level and duration of funding, the Agreement term, and the identity of the City.

7. ENFORCEMENT OF AGREEMENT

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

7.2 Disputes. ASC and City agree to enter into Negotiation to resolve any dispute. Both parties agree to negotiate in good faith to reach a mutually agreeable settlement within a reasonable amount of time. If negotiation is unsuccessful, ASC and City agree to enter into binding Arbitration. The American Arbitration Association (AAA) Commercial Arbitration Rules (most recent edition) are to govern this Arbitration. The Arbitration shall take place in the State of California.

The Arbitrator shall be bound to follow the applicable Agreement provisions and California law in adjusting the dispute. It is agreed by both parties that the Arbitrator’s decision is final, and that no party may take any action, judicial or administrative, to overturn this decision. The judgement rendered by the Arbitrator may be entered in any court having jurisdiction thereof. Pending any decision, appeal or judgement referred to in this provision or the settlement of any dispute arising Item: 12
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9 under this Agreement, City shall proceed diligently with the performance of this Agreement.

7.3 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of ASC. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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

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

7.6 Termination Prior to Expiration of Term . Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) business days written notice to the other party, except that where termination is due to the fault of of the breaching party and constitutes an immediate danger to health, safety and general welfare, the period of notice shall be such shorter time as may be appropriate.

Upon receipt of the notice of termination, ASC shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Upon termination of this Agreement, ASC agrees to submit all applicable deliverables to City and City agrees to compensate ASC for all expenses incurred through the date of termination, including non-cancellable obligations, reasonably incurred by ASC in the performance of its work under this Agreement.

7.7 Termination for Default of ASC. If termination is due to the failure of ASC to fulfill its obligations under this Agreement, City may afford ASC written notice of the breach and fifteen (15) business days within which to cure the breach, take over the work and prosecute the same to completion by contract or otherwise, and ASC shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated, Item: 12
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10 provided that the City shall use reasonable efforts to mitigate damages, and City may withhold any payments to ASC for the purpose of set-off or partial payment of the amounts owed to City.

7.8 Attorneys Fees. If either party commences an action against the other party arising out of or in connection with this Agreement or it subject matter, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party.

8. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION

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

8.2 Covenant Against Discrimination. ASC covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry. ASC shall take affirmative action to insure that applicants and employees are treated without regard to t heir race, color, creed, religion, sex, marital status, national origin, or ancestry.

9. MISCELLANEOUS PROVISIONS

9.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally via email, or sent by pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section.

To City: To ASC:

CITY OF LAKE FOREST CSU Fullerton Auxiliary Services Corp 100 Civic Center Dr. 1121 N. State College Blvd.

Lake Forest, CA 92630 Fullerton, CA 92831
Attention: Debra Rose Attention:

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11 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement.

9.3 Amendment. This Agreement may be amended at any
time by the mutual consent of the parties by an instrument in writing.

9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or une nforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder.

9.5 Corporate Authority . The persons executing this
Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.

For City of Lake Forest

Dated: _________________ CITY OF LAKE FOREST , a municipal corporation

By: __________________________________

Debra Rose, City Manager

APPROVED AS TO FORM:

___________________________
City Attorney
For CSU Fullerton Auxiliary Services Corporation

By:

Executive Director

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12 EXHIBIT A

SCOPE OF WORK and BUDGET

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13 DRAFT SCOPE OF WORK (TO BE INSERTED BY THE SBDC WITH SBDC BRANDING)

City of Lake Forest / CSUF SBDC
Collaboration 2024

The CSUF SBDC is planning on collaborating with the City of Lake Forest to support the growth and expansion of its small business community. The CSUF SBDC will provide business and business-related technical assistance as detailed below to residents and businesses of the City of Lake Forest.

Areas of assistance will primarily include digital marketing and 1:1 business consulting.

DIGITAL MAIN STREET INITIATIVE

The CSUF SBDC will coordinate with the City to roll out the Main Street Digital Program for one cohort of thirty-five businesses in 2024, with the goal to assist small businesses establish and grow their digital presence for successful outcomes. The four-week series is limited to thirty-five participants. These participants will be given the opportunity to collaborate with an assigned consultant for no cost 1:1 assistance during and beyond the program with their digital and business needs.

LAKE FOREST GRANT SURVEY

The CSUF SBDC has the ability to deploy a survey to follow up with all the City of Lake Forest grant awardees on the status of their digital marketing campaign and their progress.

Results will be shared with the City’s staff. These businesses will also be contacted in order to be invited to a City Council meeting in which they will receive recognition and have the opportunity to take a photo with Lake Forest City Council.

MARKETING

The CSUF SBDC will assist with marketing the Main Street Digital initiative to the business community by means of e-fliers, targeted email marketing campaigns, and social media posts. The SBDC will showcase the City of Lake Forest by adding the City’s seal as a partner of the program through literature and digital content. The City of Lake Forest will actively assist the SBDC in the marketing and promotion of the service.

REPORTING

The CSUF SBDC will provide reports on the registration and attendance to the City of Lake Forest for the Main Street Digital initiative.

FEE FOR SERVICES TO ASC

A $15,000 fee for services will be paid to the CSU Fullerton Auxiliary Services Corporation (ASC) by the City of Lake Forest for the services provided to Lake Forest Small Businesses. This is a fixed payment contract. The total cost for this Contract shall not Item: 12
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14 exceed $15,000 for services performed in accordance with The Scope of Work. City agrees to pay each invoice total, within 30 days of receipt. Billing and Payment: at execution of the Contract $7,500 will be invoiced; followed by at completion of the program $7,500 will be invoiced.

California State University, Fullerton
BUDGET
(TO BE PROVIDED BY THE SBDC)

SALARIES & WAGES

FRINGE BENEFITS

TOTAL DIRECT COSTS

INDIRECT COSTS
TOTAL DIRECT + INDIRECT COSTS $15,000

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15 BUDGET JUSTIFICATION
(TO BE PROVIDED BY THE SBDC)

PERSONNEL
- ASC Full-Time Staff Salaries: $2485
OCIE SBDC Consultants
- ASC Part-Time, no benefit staff salaries: $9000

Total Salaries and Wages: $11,485

FRINGE BENEFITS
- ASC Full-Time Staff: $1,147
- ASC Part-Time Staff: $1,007

Total Fringe Benefits: $2,151

Total Direct Cost: $13,636

INDIRECT CHARGES (10%): $1,364

TOTAL DIRECT + INDIRECT COST: $15,000

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16 CERTIFICATE OF COVERGE
(TO BE PROVIDED BY THE SBDC)

COVERAGE OF NAMED COVERAGE PARTY: CSU Fullerton Auxiliary Services Corporation
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/4/2024
DEPARTMENT: Public Works
SUBJECT:

AWARD AGREEMENT FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE

COLLECTION SERVICES
RECOMMENDED ACTION(S):

1. Approve Agreement for the Collection, Transportation, Processing, and Diversion of Recyclable Materials, Food Scraps, Yard Trimmings, Construction and Demolition Debris and Other Materials, and for the Collection, Transportation, and Disposal of Municipal Solid Waste to CR&R, Incorporated.

2. Authorize the Mayor to sign, and the City Clerk to attest, the Solid Waste and Recycling Agreement substantially in the form attached.

3. Direct staff to set a public hearing to adopt proposed rates in accordance with Proposition 218
EXECUTIVE SUMMARY:

The current Franchise Agreement for solid waste services expires on June 30, 2025. The Cities of Lake Forest and Laguna Hills worked together under a Memorandum of Understanding to jointly procure a new Agreement for the Collection, Transportation, Processing and Diversion of Recyclable Materials, Food Scraps, Yard Trimmings, Construction and Demolition Debris and Other Materials and for the Collection, Transportation and Disposal of Municipal Solid Waste ("Solid Waste and Recycling Agreement"). An Ad Hoc Committee consisting of two City Council members and staff from each city, along with a professional solid waste consultant met to advise staff throughout the procurement process. The Lake Forest City Council approved a Request for Proposals (“RFP”) and authorized staff to solicit proposals on November 7, 2023.

The Laguna Hills City Council approved the same RFP on December 12, 2023.

Seven solid waste haulers qualified to submit proposals by attending the mandatory pre-submittal meeting. CR&R, Inc. (“CR&R”) and Valley Vista Services (“Valley Vista”) submitted proposals on March 1, 2024. Both proposers submitted comprehensive and well-thought-out proposals. After a thorough analysis of both proposals, the main difference between the two proposals was Item: 13
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evident in the cost analysis. CR&R proposed rates that were $7.3 million per year less than those proposed by Valley Vista. In addition, Valley Vista proposed using third party facilities. In comparison, CR&R owns its facilities which allows more control and potentially more operational and cost efficiencies.

The Ad Hoc Committee recommends awarding a Solid Waste and Recycling Agreement to CR&R, Inc for an initial term of eight years with two one-year extensions that may be earned by the hauler if certain performance goals are met. Staff anticipates the City of Laguna Hills will consider the award of the Solid Waste and Recycling Agreement at its June 25, 2024, City Council meeting.

BACKGROUND:

After a competitive selection process, on March 4, 2014, the City Council awarded a Franchise Agreement to CR&R Environmental Services, Inc. (“CR&R”) for the collection, transportation, processing, and diversion of recyclable materials and municipal solid waste (“Franchise Agreement”). The original term of the Franchise Agreement was May 1, 2014, through April 30, 2022, and included two one-year extensions that CR&R could earn by meeting certain performance goals designed to increase the City’s waste diversion from landfills. On February 21, 2017, the City Council awarded the first one-year extension to the Franchise Agreement which extended the term to April 30, 2023.

On April 20, 2021, the City Council approved the First Amendment which extended the Franchise Agreement to June 30, 2024, and added SB 1383 requirements to the scope of work. On January 2, 2024, the City Council approved the Second Amendment to the Franchise Agreement thereby extending the term to June 30, 2025. The City of Laguna Hills holds a franchise agreement for similar solid waste services that also expires on June 30, 2025.

On September 20, 2021, the Cities of Lake Forest and Laguna Hills entered into a Memorandum of Understanding (“MOU”) for the purpose of sharing costs while developing procurement documents for the selection of a solid waste and recycling services provider. On February 1, 2022, after a joint selection process with Laguna Hills, the City Council awarded a professional consultant services agreement to EcoNomics, Inc. (“EcoNomics”) to provide consulting services during the solid waste agreement procurement process. The City of Lake Forest is the lead agency for the project. As such, Lake Forest requests and collects payment from the City of Laguna Hills for 50% of the consultant’s fees.

On April 19, 2022, the Lake Forest City Council created a Solid Waste Procurement Ad-Hoc Committee (“Committee”) and appointed then-Mayor Robert Pequeno and then-Mayor Pro Tem Doug Cirbo to the Committee. On April 26, 2022, the City of Laguna Hills City Council appointed City Item: 13
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Councilmembers Don Caskey and Erica Pezold to serve on the Committee. The Committee also includes the City Managers and staff from both cities.

On April 18, 2023, the Lake Forest City Council approved the First Amendment to the MOU between the City of Laguna Hills and the City of Lake Forest to include the procurement, selection, and recommendation of a single solid waste hauler for the two cities. As part of the updated terms of the MOU, each city would have a separate agreement for services at the end of the joint procurement.

DISCUSSION:

The current solid waste and recycling franchise agreements for the Cities of Lake Forest and Laguna Hills are set to expire on June 30, 2025. For the purposes of sharing costs and resources, the Cities entered into an MOU to procure new solid waste agreements jointly. With the assistance of a professional solid waste consultant, EcoNomics, the Committee, met 6 times in the summer and fall of 2023 to make recommendations for a Request for Proposals (“RFP”). The Lake Forest City Council approved the RFP and directed staff to solicit proposals on November 7, 2023, and the Laguna Hills City Council approved the RFP and directed staff to solicit proposals on December 12, 2023.

A summary timeline of the RFP selection process is below in Table 1.

Table 1: RFP Selection Process Timeline
Date Action
12/14/23
RFP published on OpenGov – The RFP was viewed 907 times and 46 vendors downloaded the documents
An email announcement was sent to seven known haulers in the area 12/18/23 Mandatory pre-submittal conference held. Seven haulers attended and completed a Process Integrity Rules form making them eligible to submit a proposal 02/02/24 Question & Answer period ended
03/01/24 Two proposals submitted
04/16/24 Interviews conducted for both proposers
05/22/24 Final Ad Hoc meeting held
06/04/24 Recommendation to be presented to Lake Forest City Council Proposals were received from CR&R and Valley Vista in response to the RFP on March 1, 2024. During the proposal review process, Lake Forest and Laguna Hills staff and EcoNomics reviewed each proposal to ensure minimum RFP requirements were met. Four sets of follow-up questions were sent to each proposer. Staff and EcoNomics conducted interviews with each proposer, completed reference checks, and completed a comprehensive analysis of the rate proposals.

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EcoNomics prepared an Evaluation of Proposals Received for Solid Waste and Recycling Services (“Evaluation Report”) (Attachment 1). The Evaluation Report provides a detailed review of each proposal applicable under each of the 17 evaluation categories contained in the RFP. Both proposers demonstrated requisite experience and knowledge for the following twelve evaluation categories:
•Organization and Experience
•Technical Capability: Collection Operations
•Special Collection Services
•Public Education and Outreach
•Start-Up and Implementation Plan
•Reporting
•Environmental Responsibility
•Financial Capability
•Customized Local Approach
•Diversion Strategy
•Procedural Compliance
•AB 1669 Employment Offers
In four evaluation criteria, there were notable differences between the two proposals. These differences are summarized in Table 2.

Table 2: Summary of Notable Differences of Evaluation Criteria Pending Litigation and
Assessment of Liquidated
Damages (“LDs”)
• CR&R has been assessed LDs in four cities it services over the past two years
• Valley Vista has not had LDs assessed in any of the cities it serves
Customer Service/Call
Center
•CR&R proposed 1.539 full-time equivalent (“FTE”)
employees to service both cities
•Valley Vista proposed 4 FTE employees to service both cities Agreement Exceptions
•CR&R's proposal did not include any exceptions to the
agreement
•Valley Vista proposed three minor exceptions to the
agreement
Technical Capability:

Processing and Marketing
of Divertible Materials
•CR&R owns the processing facilities it proposed
•Valley Vista proposed using its own Clean Materials
Recovery Facility (“MRF”) and facilities owned by third parties for composting, stable bedding, and Construction and
Demolition (“C&D”) processing.

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Cost Evaluation
The Cost Evaluation showed the most significant difference. To evaluate the total cost of each proposer’s rates, the rates submitted were multiplied by the current services, accounting for the number of customers, collection frequency, and sizes of carts, bins, and roll off boxes to calculate the projected rate revenues. As shown in Table 3 below, the CR&R proposal is $7.35 million less per year and over a potential 10-year agreement would be $73.5 million less to the rate payers for both cities. Specifically for the City of Lake Forest, the CR&R cost to ratepayers is $5.12 million less than the Valley Vista proposal annually and $51.2 million less over a 10-year agreement.

Table 3: Summary of Overall Cost Evaluation (in Millions) CR&R
Proposal
Valley Vista
Proposal
Cost
Difference
Lake Forest $15.92 $21.04 $5.12
Laguna Hills $6.69 $8.92 $2.23Joint Proposal
Total $22.61 $29.96 $7.35
Lake Forest $16.14 $20.95 $4.81
Laguna Hills $6.78 $8.87 $2.09Separate Proposal
Total $22.92 $29.82 $6.90
The cost evaluation also revealed cost savings for rate payers resulting from the joint procurement process and shared routes available in the RFP. Each proposer submitted rates based on the proposer being awarded agreements in both cities and rates based on the proposer being awarded an agreement in only one of the cities. Both proposers identified considerable cost savings achieved through cross-city efficiencies if awarded agreements in both cities, including reduced capital, personnel, and operational costs. If the agreements were awarded separately, CR&R’s proposed costs are $22.92 million compared to a joint award of agreements at a cost of $22.61 million. This is a savings to ratepayers of $314,000 per year and $3.14 million over a potential 10-year agreement.

The proposed agreement includes rate structures that apply if both the Cities of Lake Forest and Laguna Hills award a Solid Waste and Recycling Agreement to CR&R and if only one City awards it. The single City rates would also be utilized if, at any time during the term, either City decides to terminate its agreement with CR&R.

Residential Rates
The most common residential trash cart in the City of Lake Forest is the 95- gallon (“gal”) cart. CR&R proposed an 8.8% increase in rates and Valley Vista Item: 13
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proposed a 25.4% increase. This equates to a $2.03 per month increase proposed by CR&R and a $5.84 per month increase proposed by Valley Vista.

Table 4 compares the rates for each of the three residential bundled rates for Lake Forest.

Table 4: Proposed Lake Forest Residential Rate Comparison Trash Cart/ Bin
Size
Current
Rates
Effective
July 1,
2024
CR&R
Proposed
Rate
CR&R
Proposed
Increase %
Valley Vista
Proposed
Rate
Valley Vista
Proposed
Increase %
35-gal Residential $21.86 $22.13 1.2% $26.79 19.9%
65-gal Residential $22.35 $23.71 6.1% $27.81 24.4%
95-gal Residential $23.00 $25.02 8.8% $28.84 25.4%
Commercial Rates
The proposals included rates for commercial and multi-family services. There are many combinations that the hauler may provide depending on the commercial customer’s needs. The most common commercial container used is the 3 cubic yard (“cy”) Municipal Solid Waste (“MSW”) bin. Table 5 compares current rates to the proposals provided by CR&R and Valley Vista. When averaging the six rates proposed for the 3-cy bin, CR&R’s proposal reflects a 23% rate increase compared to Valley Vista’s 49% increase.

Table 5: Lake Forest Commercial 3-CY MSW Monthly Rate Comparison 3-cy MSW Bin
Current
Rates
Effective
July 1,
2024
CR&R
Proposed
Rate
CR&R
Proposed
Increase %
Valley Vista
Proposed
Rate
Valley Vista
Proposed
Increase %
1x/week $124.88 $174.79 40% $186.68 49%
2x/week $187.29 $299.18 60% $343.91 84%
3x/week $312.19 $411.89 32% $515.87 65%
4x/week $437.02 $534.43 22% $687.83 57%
5x/week $561.89 $655.75 17% $806.76 44%
6x/week $692.99 $775.84 12% $917.74 32%
Total $2,316.26 $2,851.88 23% $3,458.79 49%
Avg Cost per
Weekly cy/month $36.77 $45.27 23% $54.90 49%
In summary, the cost evaluation shows that CR&R’s proposal would save the ratepayers in Lake Forest and Laguna Hills approximately $7.3 million per year overall compared to Valley Vista’s proposal. CR&R’s rates for both residential Item: 13
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and commercial services are lower than those proposed by Valley Vista. CR&R offered the same residential rates for both cities. These rates place both cities among the twelve cities with the lowest rates in Orange County based on known and projected rates for other cities.

Cart Replacement
The RFP included the provision of new carts for residential customers. The carts would be a solid color, both lid and body, in compliance with SB 1383. The carts residents currently use have SB 1383 compliant lids but may have a body color different than the lid. Most residents have older carts, some of which exceed the 8-year anticipated useful life. It was noted at previous City Council meetings that residents in new neighborhoods have newer carts that may not need to be replaced. If desired, City Council may direct staff to request CR&R offer an opt- out option for residents who have newer carts that are SB 1383 compliant. This potential “opt-out” would not include an account credit as the cost of the new carts are included in the rate structure.

As part of the implementation of the new Solid Waste and Recycling Agreement, CR&R will send postcards to residents to choose the size carts they wish to have delivered. This postcard could include an opt-out option. Staff would not recommend this option because of the administrative burden on CR&R to track those who wish to opt-out and resulting inconsistent cart colors. However, this potential option may address a concern presented in previous City Council meetings and offers convenience to residential rate payers that do not wish to exchange their carts.

Conclusion and Recommendation
Staff and EcoNomics presented the following findings to the Ad Hoc Committee on May 22, 2024:
•Valley Vista presented a thorough and thoughtful proposal. Its references revealed that Valley Vista provides excellent service to its customers. The firm proposed a good approach to provide services to the Cities. However, the cost to establish services for the Cities appears to have added additional expenses to its proposals.
•CR&R’s cost and rate advantage was significant and was consistent across all service sectors. The costs and rates included in CR&R’s proposal versus Valley Vista’s proposal resulted in an annual cost advantage of $5.12 million for the ratepayers of Lake Forest and $7.36 million for both cities combined.

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•CR&R owns its proposed processing and collection infrastructure, which allows CR&R more control and potentially more operational and cost efficiencies related to processing of Municipal Solid Waste, recyclables, organics and C&D materials.
•CR&R provided a thorough implementation plan. The plan includes new trucks, carts, and bins in addition to the use of two medium duty electric box trucks.
•CR&R’s proposal is well thought out and embodies a great deal of local knowledge of the Cities of Lake Forest’s and Laguna Hills’ demographics and current conditions.
•The CR&R Recycling Coordinators assigned to the Cities are well-qualified and are currently serving as the Recycling Coordinators for the Cities of Lake Forest and Laguna Hills. CR&R also proposed assigning an additional Recycling Coordinator to help both City’s during the first two years of the Solid Waste and Recycling Agreement term.

At the conclusion of the meeting, all members of the Ad Hoc Committee agreed with the findings and recommended awarding agreements with CR&R for the provision of solid waste and recycling services in each of the cities.

The Ad Hoc Committee members, staff, and the consultant recommend the City Council award an Agreement for the Collection, Transportation, Processing and Diversion of Recyclable Materials, Food Scraps, Yard Trimming, Construction and Demolition Debris and Other Material and for the Collection, Transportation and Disposal of Municipal Solid Waste to CR&R, Inc. (Attachment 2). The initial Agreement term would be for a period of eight years beginning July 1, 2025 through June 30, 2033 with two additional one-year extensions based on CR&R achieving performance related to contamination as outlined in the Agreement.

The proposed Agreement was prepared by EcoNomics’ attorney and the City Attorney’s Offices from the Cities of Lake Forest and Laguna Hills. Staff also recommends the City Council direct staff to set a public hearing to adopt the new rates in accordance with Proposition 218. The City of Laguna Hills will consider the Agreement at a future City Council meeting in June 2024.

FISCAL IMPACT:

In lieu of franchise fees, CR&R will pay $118,426.50 per month for the City’s regulatory compliance and vehicle impact costs beginning July 1, 2025.

Additionally, CR&R will reimburse $263,097.50 to the City of Lake Forest and Item: 13
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$241,447.50 to the City of Laguna Hills for costs associated with developing the RFP, administering the RFP process, and evaluating proposals.

ATTACHMENTS:

1. Evaluation Report prepared by EcoNomics

2. Proposed Solid Waste and Recycling Agreement
Initiated By: Christine Groves, Administrative Services Manager Submitted By: Thomas Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
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Attachment 1
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CITY OF LAKE FOREST AND

CITY OF LAGUNA HILLS

EVALUATION OF PROPOSALS RECEIVED

FOR SOLID WASTE AND

RECYCLING SERVICES

Prepared by:

EcoNomics, Inc.
832 Camino del Mar, Suite 2
Del Mar, California 92014
www.economicsinc.net

May 2024

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Proposals Evaluation Report
Cities of Lake Forest and Laguna Hills RFP for Solid Waste and Recycling Services