AGENDA
LAKE FOREST CITY COUNCIL
Regular Meeting of the City Council
Tuesday, March 4, 2025
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 scheduled City Council meeting. Such requests must be received via email at [email protected]
March 4, 2025 LAKE FOREST CITY COUNCIL AGENDA Page 1 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: 6:30 p.m.
Council Members: Doug Cirbo
Mark Tettemer
Benjamin Yu
Mayor Pro Tem: Robert Pequeño
Mayor: Scott Voigts
City Manager: Debra Rose
City Attorney: Matthew E. Richardson
City Clerk: 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 muay submit a completed “Request to Speak” form to the City Clerk prior to City Council action.
INVOCATION: The Invocation will be provided by Rabbi Dennis Linson, Temple Judea of Laguna Hills.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country to be led by Boy Scout Troop #321.
REPORT FROM STUDENT LIAISON: Report from Maya Lowrey, Student Liaison from El Toro High School.
PUBLIC COMMENTS
Members of the public can submit an e-comment to [email protected] . E-comments will not be read at the meeting.
Members of the public may also provide comments in-person at the meeting. Those wishing to provide comments in-person at March 4, 2025 LAKE FOREST CITY COUNCIL AGENDA Page 2 the meeting will be asked to submit a request to speak to the City Clerk.
CONSENT CALENDAR (Item Nos. 1 – 6)
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.
1. 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.
2. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON FEBRUARY 18, 2025
RECOMMENDED ACTION: Approve as submitted.
3. ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
RECOMMENDED ACTION: Conduct second reading of and adopt an Ordinance entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST FOR ZONING CODE AMENDMENT 12-24-5760 AMENDING SECTION 9.146.050 OF CHAPTER 9.146 OF TITLE 9 OF
THE LAKE FOREST MUNICIPAL CODE RELATING TO ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS, AND
FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA
UNDER PUBLIC RESOURCES CODE § 21080.17.”
4. PARTNER CHARTER SUPPORT FOR THE IRVINE-LAGUNA WILDLIFE
CORRIDOR
RECOMMENDED ACTION: Authorize the City Manager to sign the Irvine- Laguna Wildlife Corridor Partner Charter (“Partner Charter”), signifying the City of Lake Forest's support for implementing the Irvine-Laguna Wildlife Corridor (“Wildlife Corridor”).
March 4, 2025 LAKE FOREST CITY COUNCIL AGENDA Page 3
5. AGREEMENT FOR UNARMED SECURITY GUARD SERVICES
RECOMMENDED ACTION: 1. Award an agreement with A.G. Coast Corporation, dba California Panther Security, for contract security services in the amount of $213,285.94. 2. Authorize the Mayor to sign, and the City Clerk to attest to the award of agreement with California Panther Security, substantially in the form attached.
6. AWARD OF CONTRACT FOR CONTRACT ADMINISTRATION AND
CONSTRUCTION INSPECTION SERVICES FOR EL TORO ROAD
PROJECTS
RECOMMENDED ACTION: 1. Award a Professional Consultant Services Agreement with a compensation amount of $348,259.28 to FCG Consultants, Inc. for Contract Administration and Construction Inspection Services. 2. Authorize the Mayor to sign, and the City Clerk to attest, the award of Professional Consultant Services Agreement to FCG Consultants, Inc.
DISCUSSION/ACTION ITEMS (Item Nos. 7 – 8)
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.
7. THIRD AMENDMENT TO AGREEMENT WITH INTERWEST
CONSULTING GROUP, INC. FOR BUILDING AND SAFETY SERVICES RECOMMENDED ACTION: 1. Approve the Third Amendment to the Professional Services Agreement with Interwest Consulting Group, Inc. (“Interwest”) for Building and Safety Services. 2. Authorize the Mayor to sign, and the City Clerk to attest, the Third Amendment to the Professional Services Agreement with Interwest substantially in the form attached.
8. POTENTIAL PICKLEBALL TOURNAMENT
March 4, 2025 LAKE FOREST CITY COUNCIL AGENDA Page 4 RECOMMENDED ACTION: Exercise discretion in directing staff to produce a pickleball tournament in Fiscal Year 2025-26.
CITY MANAGER'S REPORT
At this time, the City Manager may comment on agenda and non-agenda items; and report on items of interest to the City Council and community.
CITY COUNCIL COMMENTS
At this time, City Council Members may comment on agenda or non-agenda matters. No discussion may take place on any item not appearing on the posted agenda. Council Members may ask a question for clarification, respond to statements made or questions posed by the public, make a brief announcement, or make a brief report on his or her own activities. In addition, the City Council may refer to staff or other resources for factual information, request staff to report back at a subsequent meeting or direct staff to place a matter of business on a future agenda. No action may be taken on non-agenda matters unless authorized by law (Government Code Section 54954.2).
Council Member Cirbo:
Council MemberTettemer:
Council Member Yu:
Mayor Pro Tem Pequeño:
Mayor Voigts:
March 4, 2025 LAKE FOREST CITY COUNCIL AGENDA Page 5
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 February 27, 2025.
Lisa Berglund
City Clerk
March 4, 2025
LAKE
FOREST CITY COUNCIL
AGENDA
CITY COUNCIL AGENDA REPORT
MEETING DATE: 3/4/2025
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: 1
7 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, February 18, 2025, 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
Mark Tettemer
Benjamin Yu
Mayor Pro Tem: Robert Pequeño
Mayor: Scott Voigts
City Manager: Debra Rose
City Attorney: Matthew E. Richardson
City Clerk: Lisa Berglund
INVOCATION: The Invocation was provided by Dave Evans, Grace Community Church.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Daisy Troop #3618.
PRESENTATIONS: (Item No. 1)
MOTION: It was moved by Council Member Yu, seconded by Council Member Cirbo, to approve Presentation Item No. 1. The motion was carried by a vote of 5-0.
1. POPULAR ANNUAL FINANCIAL REPORT - YEAR ENDED JUNE 30, 2024 City Manager Rose introduced this item and invited Finance Analyst Shrago to provide a presentation. Andrew O’Connor offered public comment and expressed concerns with overspending. Council questions were asked and answered.
ACTION: The presentation was received and filed.
PUBLIC COMMENTS:
Mayor Pro Tem Robert Pequeño expressed concerns about members of the public harassing and cyberbullying current and previous members of the City Council.
Sean Fletcher expressed concerns with public comments made by Andrew O’Connor.
Andrew O’Connor thanked various staff and expressed concerns with Council members’ behavior.
Item: 2
8 February 18, 2025 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 2 of 5 CONSENT CALENDAR: (Item Nos. 2 – 5)
Item No. 3 was pulled for discussion.
MOTION: It was moved by Council Member Yu, seconded by Mayor Pro Tem Pequeño, to approve Consent Calendar Item Nos. 2, and 4 – 5. The motion was carried by a vote of 5-0.
2. MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES ACTION: Said Ordinances and Resolutions which appeared on the public agenda were determined to have been read by title and further reading was waived.
4. PROCLAMATION DECLARING FEBRUARY 16 - 22, 2025, AS NATIONAL ENGINEERS WEEK.
ACTION: The proclamation designating February 16 - 22, 2025, as National Engineers Week in the City of Lake Forest was approved.
5. APPROVAL OF AGREEMENT WITH THE COUNTY OF ORANGE FOR ON-
CALL CONSULTING AND STREET MAINTENANCE SERVICES
ACTION: 1. The Agreement with the County of Orange for On-Call Consulting and Street Maintenance Services was approved. 2. The Mayor was authorized to sign, and the City Clerk to attest, the Agreement substantially in the form attached.
ITEM(S) PULLED FOR DISCUSSION: (Item No. 3)
MOTION: It was moved by Mayor Pro Tem Pequeño, seconded by Council Member Cirbo, to approve Consent Calendar Item No. 3. The motion was carried by a vote of 5-
0. 3. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON FEBRUARY 4, 2025
Andrew O’Connor provided public comment.
ACTION: The minutes were approved as submitted.
PUBLIC HEARING(S): (Item No. 6)
6. ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
Mayor Voigts opened the public hearing. City Manager Rose introduced this item and invited Community Development Assistant Director Stonich to provide a presentation. Andrew O’Connor offered public comment. Council questions were asked and answered. Mayor Voigts closed the public hearing.
Item: 2
9 February 18, 2025 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 3 of 5 MOTION: It was moved by Council Member Yu, seconded by Council Member Cirbo, to: 1. Find that the adoption of the proposed ordinance is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17. B.
2. Introduce for first reading an Ordinance Entitled: “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF LAKE FOREST FOR ZONING CODE AMENDMENT 12-24-5760 AMENDING SECTION 9.146.050 OF CHAPTER
9.146 OF TITLE 9 OF THE LAKE FOREST MUNICIPAL CODE RELATING TO
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING
UNITS, AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17.” The motion carried by a vote of 5-0.
CITY MANAGER'S REPORT: City Manager Rose had nothing further to report.
CITY COUNCIL COMMENTS:
Council Member Cirbo: Council Member Cirbo provided remarks on his military service and on public comments made during
council meetings. He reported on the Audit Committee
meeting. He requested that staff coordinate a
pickleball tournament between the homeowners
associations located in Lake Forest. Mayor Pro
Tem Pequeno and Mayor Voigts provided
consensus.
Council Member Tettemer: Council Member Tettemer had nothing further to report.
Council Member Yu: Council Member Yu provided the following statement:
“There was a protest against immigration enforcement
and deportation in Lake Forest, near Trabuco and El
Toro, last week. Like many protests in Southern
California and across the nation, many feature foreign
nations’ flags.
As an immigrant, I struggle to express my deep
concern and disappointment over decades of open-
border policies, as well as the tolerance and support
of illegal border crossings using taxpayer funds—at
the expense of our welfare system and public safety.
Item: 2
10 February 18, 2025 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 4 of 5 Under the previous administration, the United States
has witnessed a historic surge in illegal entries.
Additionally, so-called sanctuary cities not only shield and shelter illegal aliens but, at times, even criminals, while downplaying criminal acts to manipulate public
perception.
The U.S. Constitution guarantees the freedom of
speech and assembly that protesters enjoy. However,
just because illegal aliens and their supporters have
the right to protest does not necessarily mean they
are right. I also question whether, hypothetically
speaking, protestors openly bearing the flags of
nations like Russia, Iran, China, or North Korea would
be treated the same way in public opinion or receive
the same sympathetic media coverage.
The United States was built by immigrants and
remains a nation of immigrants, but it must also be a
nation of laws. Respecting our country means
respecting our borders. There is no exit control at U.S.
Customs and Border Protection—people are free to
leave and live where they feel proud.
May God bless America and the people who love it.”
Mayor Pro Tem Pequeño: Mayor Pro Tem Pequeño thanked staff for their hard work and reported on his attendance at a Families
Forward ribbon cutting event for a new pantry, and a
ribbon cutting event at Mamon.
He reported that certain Lake Forest residents have
been charged with various felony counts. The felonies
involve attempts to victimize Lake Forest elected
officials. He provided a court case number and
summarized the charges.
Mayor Voigts: Mayor Voigts reported on his attendance at a Families Forward ribbon cutting event for a new pantry, and a
ribbon cutting event at Mamon.
ADJOURNMENT: The Regular Meeting of the City Council was adjourned at 7:28 p.m.
Item: 2
11 February 18, 2025 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 5 of 5 Respectfully submitted:
APPROVED:
LISA BERGLUND SCOTT VOIGTS
CITY CLERK MAYOR
Item: 2
12 CITY COUNCIL AGENDA REPORT
MEETING DATE: 3/4/2025
DEPARTMENT: City Clerk
SUBJECT:
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING
UNITS
RECOMMENDED ACTION(S):
Conduct second reading of and adopt an Ordinance entitled: “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST FOR ZONING CODE AMENDMENT 12-24-5760 AMENDING SECTION 9.146.050 OF CHAPTER 9.146 OF TITLE 9 OF THE LAKE FOREST MUNICIPAL CODE
RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS, AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17.” EXECUTIVE SUMMARY:
In recent years, the California Legislature has enacted several bills limiting local authority over Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”). Two significant bills, Assembly Bill (“AB”) 2533 and Senate Bill (“SB”) 1211, took effect on January 1, 2025, prompting the City Council to adopt an urgency ordinance on January 7, 2025, to align local regulations with state law. This urgency ordinance ensured local control over ADU and JADU construction while a non-urgency ordinance underwent review.
Provisions of AB 2533 include:
•Expanding the prohibition on denying permits for unpermitted ADUs to include JADUs.
•Moving the construction cutoff date for unpermitted units from January 1, 2018, to January 1, 2020.
•Requiring local agencies to find that correcting violations is necessary to comply with Health and Safety Code section 17920.3.
Key changes introduced by SB 1211 include:
•Prohibiting requiring replacement parking for demolished uncovered parking spaces converted to ADUs.
Item: 3
13 •Defining "livable space" for multifamily ADUs and increasing the allowable number of detached ADUs in existing multifamily dwellings.
Additional updates include:
•Removing the owner-occupancy requirement for ADUs but maintaining it for JADUs, with exceptions for properties owned by governmental agencies, land trusts, or housing organizations.
•Prohibiting deed restrictions for ADUs but allowing them for JADUs, ensuring they cannot be sold separately from the primary dwelling.
The City Council conducted the first reading during its February 18, 2025, meeting. The ordinance will amend Lake Forest Municipal Code Section
9.146.050 to comply with recent changes to state law. These amendments streamline the approval process for ADUs and JADUs, clarify zoning and occupancy requirements, and ensure compliance with state laws. Staff recommends the City Council conduct a second reading of and adopt the ordinance.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
Ordinance Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units
Initiated By: Thy Merritt, Assistant City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 3
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ATTACHMENT
Item: 3
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-1-
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE FOREST FOR ZONING CODE AMENDMENT 12-24-
5760 AMENDING SECTION 9.146.050 OF CHAPTER 9.146
OF TITLE 9 OF THE LAKE FOREST MUNICIPAL CODE
RELATING TO ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS, AND FINDING
THE ACTION TO BE STATUTORILY EXEMPT FROM
CEQA UNDER PUBLIC RESOURCES CODE § 21080.17
WHEREAS, the City of Lake Forest, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 (“AB 2533”) and Senate Bill 1211 (“SB 1211”), which further amend state ADU law; and
WHEREAS, AB 2533 and SB 1211 take effect January 1, 2025, and if the City’s ADU ordinance does not comply with the requirements imposed by those bills by that date, the City’s entire existing ADU ordinance becomes null and void as a matter of law; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect AB 2533’s and SB 1211’s changes to state law; and
WHEREAS, on January 7, 2025, the City Council adopted an urgency ordinance amending Section 9.146.050 of the Lake Forest Municipal Code to comply with recent changes to state law that impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, on January 9, 2025, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
Item: 3
16 55136.00000\42966067.1
-2-
WHEREAS, on February 18, 2025, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, the City Council of the City of Lake Forest does ordain as follows:
Section 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313. Therefore, adoption of the Ordinance is statutorily exempt from CEQA in that it implements state ADU law.
Section 3. General Plan. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c). Specifically, the Zoning Code Amendment implements the following General Plan implementation actions:
Goal 1: Adequate housing to meet the existing and future needs of Lake Forest residents.
Policy 1.1: Allow for the development of a variety of housing opportunities (ownership and rental) in Lake Forest including low-density single-family homes, moderate-density townhomes, higher-density apartments and multi-family projects, mixed-use development, accessory dwelling units, and mobile homes to fulfill regional housing needs.
Section 4. Code Amendment. Section 9.146.050 of the Lake Forest Municipal Code is hereby amended as provided in Exhibit “A-1,” with additions shown in underline and deletions in strikethrough, attached hereto and incorporated herein by reference.
Section 5. Effective Date. This Ordinance shall become effective 30 days after the Council adopts this Ordinance.
Section 6. Publication. The City Clerk directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.
Item: 3
17 55136.00000\42966067.1
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Section 7. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at Lake Forest City Hall, 25550 Commercentre Drive, Suite 100, Lake Forest, California 92630.
Section 8. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
PASSED, APPROVED, AND ADOPTED this ___ day of February 2025 by the following vote, to wit:
SCOTT VOIGTS
MAYOR
ATTEST:
LISA BERGLUND
CITY CLERK
APPROVED AS TO FORM:
MATTHEW E. RICHARDSON
CITY ATTORNEY
Item: 3
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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, do hereby certify that the foregoing Ordinance No. ____ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 18th day of February 2025, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the Lake Forest City Council on the 4th day of March 2025 by the following roll-call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
LISA BERGLUND
CITY CLERK
Item: 3
19 55136.00000\42966067.1
-5-
EXHIBIT A-1
Amended ADU Regulations
(follows this page)
Item: 3
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ATTACHMENT 1
EXHIBIT A-1
Item: 3
21 55136.00000\42872289.2
5 4
4 2
3 EXHIBIT “A-1”
Amended Lake Forest Municipal Code Section 9.146.050
___
9.146.050 Accessory dwelling units.
A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.
B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
1. Deemed to be inconsistent with the City’s general plan and zoning designation for the lot on which the ADU or JADU is located.
2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
3. Considered in the application of any local ordinance, policy, or program to limit residential growth.
4. Required to correct a nonconforming zoning condition, as defined in subsection (C)(10) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.
C. Definitions. As used in this section, terms are defined as follows:
…
6. “Livable space” means a space in a dwelling intended for human habitation, as defined by section 66313 of the California Government Code. …
D. Approvals. The following approvals apply to ADUs and JADUs under this section:
1. Building Permit Only. If an ADU or JADU complies with each of the general requirements in subsection "E" below, it is allowed with only a building permit in the following scenarios:
a. Converted on Single-Family Lot. One ADU (as described in this subsection (D)(1)(a)) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
Item: 3
22 55136.00000\42872289.2
5 4
4 2
3 i. Is either: within the space of a proposed single-family dwelling; or within the existing space of an existing single- family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to
accommodating ingress and egress.
ii. Has exterior access that is independent of that for the single- family dwelling.
iii. Has side- and rear-yard setbacks sufficient for safety, as dictated by applicable building and fire codes.
iv. The JADU complies with all the requirements of Government Code Sections 66333 through 66339.
…
d. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU. ii. The peak height above grade does not exceed the applicable height limit provided in subsection (E)(2) below.
If the lot has an existing multifamily dwelling, the quantity of detached ADUs shall not exceed the number of primary dwelling units on the lot. …
E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (D)(1) or (D)(2) of this section:
1. Zoning.
a. An ADU or JADU subject only to a building permit under subsection (D)(1) above may be created on a lot in a residential or mixed-use zone.
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3 b. An ADU or JADU subject to an ADU permit under subsection (D)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use. c. In accordance with Government Code Section 66333(a), a JADU may only be created on a lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot. …
5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
…
7. Owner Occupancy. As required by State law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
8. Deed Restriction. Prior to issuance of a building permit for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all current and future owners. The form of the deed restriction will be provided by the City and must provide that the JADU may not be sold separately from the primary dwelling. …
F. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (D)(2) of this section. …
3. Passageway. No passageway, as defined by subsection (C)(11) (“Passageway”) of this section, is required for an ADU.
4. Parking.
...
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3 c. No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off- street parking spaces are not required to be replaced.
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H.Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
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2. Unpermitted ADUs and JADUs constructed before 2020.
a. Permit to Legalize. As required by State law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
i. The ADU or JADU violates applicable building standards, or ii. The ADU or JADU does not comply with the state ADU or JADU law or this section.
b. Exceptions.
iii. Notwithstanding subsection (H)(2)(a) above, the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.
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25 CITY COUNCIL AGENDA REPORT
MEETING DATE: 3/04/2025
DEPARTMENT: Community Development
SUBJECT:
PARTNER CHARTER SUPPORT FOR THE IRVINE-LAGUNA WILDLIFE
CORRIDOR
RECOMMENDED ACTION(S):
Authorize the City Manager to sign the Irvine-Laguna Wildlife Corridor Partner Charter (“Partner Charter”), signifying the City of Lake Forest's support for implementing the Irvine-Laguna Wildlife Corridor (“Wildlife Corridor”).
EXECUTIVE SUMMARY:
The South Orange County Natural Communities Conservation Plan/Habitat Conservation Plan (“NCCP/HCP”) is a continuous stretch of open space that connects the South Coast Wilderness with the Cleveland National Forest, covering 22,000 acres of protected wilderness habitat. It forms a regionally significant ecosystem to over 450,000 acres of wilderness in the Cleveland National Forest. Decades of urbanization and
development, including the 5 and 405
freeways, have fragmented the landscape,
hindering wildlife movement between coastal
and inland reserves. The City of Lake Forest
is a signatory participant to the
Central/Coastal NCCP/HCP.
The Wildlife Corridor project will create a
continuous stretch of open space connecting
the South Coast Wilderness with the
Cleveland National Forest, which would
support the preservation of habitat in Orange
County. Major progress has been made to
bring the corridor to functionality in the past
several years. To date, the corridor is still
under construction in some areas, and in the
planning phase in others. A portion of the
Wildlife Corridor is situated on deed-
restricted land in the City of Irvine and is
scheduled for completion by FivePoint in 2025 as part of the Great Park program.
NCCP Plan –
County of Orange (Central/Coastal)
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2 Once completed, the planned 6-mile habitat corridor extension will cross through the Great Park where grading, planting, landscaping, and new crossings in and near the Wildlife Corridor are proposed. This 178-acre linkage will provide a vital pathway for animals to cross from the mountains to the sea.
The Laguna Greenbelt, Inc. (”Laguna Greenbelt”) is a nonprofit organization focused on completing and maintaining the Wildlife Corridor by collaborating with local stakeholders and partners. In 2019, a study showed the lack of targeted species (deer, bobcats, coyotes, and other small animals) using the Corridor and the negative impacts of high human intrusion. Since the completion of the study, the nonprofit has researched possible opportunities for the funding and implementation of improvements that address the barriers identified in the study.
The purpose of this agenda report is to join other cities (including Irvine, Laguna Beach, Laguna Woods, and Aliso Viejo), non-profit agencies, and other stakeholders in a partnership to support the Wildlife Corridor. By signing the Corridor Partner Charter with the Laguna Greenbelt (Attachment 2), the City would support the Corridor's implementation, potentially boosting funding opportunities for its development and maintenance. This endorsement carries no financial obligation and can be terminated at any time without consequences.
This partnership is consistent with the City’s General Plan Goals and Policies and aims to enhance the functionality and sustainability of the Wildlife Corridor, which is crucial for maintaining ecological connectivity and biodiversity in the region.
BACKGROUND:
In 1991, the NCCP program was created as a regional conservation and development plan that protected entire communities of native plants and animals.
This continuous stretch of open space connects the South Coast Wilderness with the Cleveland National Forest covering 22,000 acres of protected wilderness habitat. The goal of the program was to bring much-needed certainty both for protection of California’s unique natural legacy and for economic growth and use of private property. The City of Lake Forest is a participating jurisdiction that is signatory to the Central/Coastal NCCP/HCP.
The Wildlife Corridor project is a critical component of the NCCP/HCP. The Wildlife Corridor serves as a gateway to over 450,000 acres of wilderness in the Cleveland National Forest, forming a regionally significant ecosystem. Decades of urbanization and development, including homes, industrial and commercial development, and the 5 and 405 freeways, have fragmented the landscape, hindering wildlife movement between coastal and inland reserves.
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2 Plans for this Wildlife Corridor have been developing since the early 1990s and the final Great Park portion is scheduled for completion by 2025. The project features natural wildlife trails spanning 5-6 miles, connecting areas north of Irvine Boulevard and south of the I-5, through the Irvine Great Park. Now under development at the Great Park by FivePoint, the Corridor spans 2.5 miles and is 600 to 800 feet wide. The project extensively uses native vegetation and includes fencing designed to keep animals in and humans out. Additionally, the Serrano Creek Tunnel, added by Irvine Co. as mitigation for the Irvine Spectrum development, is a key feature of the project. This tunnel is 1,200 feet long, 20 feet wide, and 15 feet high, and serves as a flood control channel. The Wildlife Corridor aims to mitigate the effects of development by preserving a pathway for wildlife, fostering genetic diversity, and enhancing ecosystem health.
An overview of the Wildlife Corridor, including the Great Park section, is provided in Attachment 1. A recent article published in the Voice of OC regarding the Wildlife Corridor is attached for reference as Attachment 3. Below is a map of the Wildlife Corridor.
Map of Wildlife Corridor
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2 DISCUSSION:
The Laguna Greenbelt is a non-profit organization focused on completing and maintaining the Wildlife Corridor. They support collaboration with local stakeholders and partners to achieve this goal. By becoming a signatory to the Corridor Partner Charter, the City affirms its support for the implementation of the Corridor. The City’s endorsement may enhance funding opportunities for the organization, enabling continued development and maintenance of the corridor.
Importantly, this action carries no financial obligation for the City, and the agreement may be terminated at any point without consequences, should the City choose to do so.
Next steps for the nonprofit include increasing public, private, and government support, and holding joint multi-stakeholder meetings to develop technical details of possible I-5 crossing solutions. The City has the option to actively participate as a partner by attending stakeholder meetings, assisting in the planning process, or engaging in related studies.
General Plan
The Partner Charter action is consistent with the City’s General Plan which supports these initiatives through specific policies. Policy RR 5.2 emphasizes the importance of regional coordination with county, state, and federal agencies, as well as local non-profits, to protect and preserve biological resources. Policy RR
5.6 advocates for participation in planning drainage channels, ridgelines, and other areas that provide potential wildlife linkages. Additionally, Policy RR-5.8 encourages coordination with private and public organizations within the region to implement strategies and programs that protect and preserve biological resources.
By aligning with these policies, the proposed partnership will not only address the immediate needs identified in the 2019 study but also contribute to the long-term sustainability and resilience of the Wildlife Corridor. The Partner Charter is attached in Attachment 2.
ENVIRONMENTAL:
The proposed action is not subject to the California Environmental Quality Act (CEQA) Pursuant to state CEQA guidelines, as it is not a “project” because becoming a signatory on the Irvine-Laguna Wildlife Corridor Partner Charter will not result in adverse physical change to the environment (14 cal. Code regs. §15378(a)). Furthermore, even if the proposed action qualified as a “project”, the project would be exempt from CEQA because “it can be seen with certainty that Item: 4
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2 there is no possibility that the activity in question may have a significant [adverse] effect on the environment” (14 cal. Code regs. §15061(b)(3)).
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action. This action carries no financial obligation for the City.
ATTACHMENTS:
1. Irvine-Laguna Wildlife Corridor Overview
2. Partner Charter by Laguna Greenbelt, Inc.
3. Voice of OC Article, January 24, 2025
Initiated By: Amy Stonich, AICP, Assistant Director of Community Development
Submitted By: Gayle Ackerman, AICP, Director of Community Development Approved By: Debra Rose, City Manager
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30 A
TTACHMENT 1
Item: 4
31 Irvine-Laguna Wildlife
Corridor (ILWC)
Item: 4
32 Preserved Open Space Today
• Over 22,000 acres ( 35 square miles)
are now preserved as the South Coast
Wilderness open space.
• Includes cities of Aliso Viejo, Irvine,
Laguna Beach, Laguna Woods, and
Newport Beach, portions of Orange
County, and the State of California.
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33 Preserving Biodiversity within the Open Space
• The current 22,000 acres
is a biological island, in
danger of losing species
due to a lack of genetic
diversity.
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34 The Need for a Wildlife Corridor
• Links wildlife habitats and
fragmented open spaces.
• Facilitates genetic mixing.
• Increases biodiversity.
• Allows wildlife to flee fires.
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35 The Irvine-Laguna Wildlife Corridor (ILWC)
• Designed to link coastal
open space to the
Cleveland National Forest.
• Natural wildlife trails north
of Irvine Blvd. and south of
the I-5 connected through
the Irvine Great Park.
• Total length 5 – 6 miles.
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36 ILWC Components – Great Park Section
• Connects natural trails
north of Irvine Blvd. to
natural trails south of I-5.
• Under development by
FivePoint.
• Total length 2.5 miles.
• 600 to 800 feet wide.
• Completion 2025.
N
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37 Great Park Section Today
• View from Irvine Boulevard
and Lynx Dr.
• Extensive use of native
vegetation.
• Fencing designed to keep
animals in and humans out.
• Designed to also serve as
flood water conveyance.
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38 I-5 Crossing - The Serrano Creek Tunnel
• Added by Irvine Co. for wildlife
movement as mitigation for
Irvine Spectrum development.
• 1,200 feet long.
• 20 feet wide by 15 feet high.
• Serves as a flood control channel.
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39 The Serrano Creek Tunnel under the I-5
South Entrance
North Entrance
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40 The Serrano Creek Tunnel under the I-5
Note Standing Water Note Human Presence
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41 The 30x30 Initiative
• International goal: conserve 30% of
terrestrial and marine habitat by 2030.
• Adopted by over 190 countries.
• Initiated in US by President Biden’s
executive order in 2021.
• Initiated in California by Governor
Newsom’s executive order in 2020.
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42 30x30 in California
• Southland Regional Power in Nature
coalition formed to identify key projects in
Ventura, Los Angeles, Orange, and western
Riverside and San Bernadino Counties.
• Projects evaluated on three key objectives:
• Protect and restore biodiversity
• Expand access to nature
• Mitigate and build resilience to climate change
• ILWC rated 1st in Southland Region for
ensuring climate resiliency of the 22,000-
acre South Coast Wilderness.
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43 Potential Financing Sources
• The Wildlife Crossing Fund – goal of $500M
(currently at $2.2M with $10M matching grant).
• Wildlife Crossing Pilot Program (WCPP) FHWA
and Caltrans - $370M
• CDFW Connectivity Advanced Mitigation Fund –
credits up to $50,000,000
• Proposition 4 Climate Bond - $180M for wildlife
crossings.
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44 Next Steps
• Increase public, private, and
government support.
• Joint multi-stakeholder
meetings to develop technical
details of possible I-5 crossing
solutions.
Existing
Tunnel
Potential
Overpass
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45 Partner Charter
Partners: The Laguna Greenbelt, Inc. is committed to bringing the vision of a completed and functional Corridor to reality by empowering the Irvine-Laguna Wildlife Corridor Working Group to collaborate with local stakeholders and Partners. Partners will be supporting the Corridor by actively participating in upcoming conversations and convening and other activities focused on honing, planning, and implementing specific remediations. By signing this Partner Charter, the organizations and government entities essential to success, signify collaboration in implementing the Irvine-Laguna Wildlife Corridor.
Current Partners:
Coastal
Greenbelt
Authority
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46 Fact Sheet
More details on
websites:
Wildlifecorridor.org
and
Lagunagreenbelt.org
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47 ATTACHMENT 2
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48 Protecting Open Space in Orange County since 1968
P.O. Box 860, Laguna Beach 92652
lagunagreenbelt.org
wildlifecorridor.org
Partner Charter
Support for a Functional, Sustainable Irvine-Laguna Wildlife Corridor
Purpose of the Charter: This Partner Charter provides a voluntary avenue for partner organizations and government entities to signify collaboration in implementing the Irvine- Laguna Wildlife Corridor (Wildlife Corridor).
The Project: The coastal portion of the south Orange County Natural Communities Conservation Plan/Habitat Conservation Plan (NCCP/HCP) encompasses 22,000 acres of protected wilderness habitat offering multiple benefits to wildlife and people. This portion of the NCCP/HCP is a gateway into more than 450,000 acres of wilderness habitat in the Cleveland National Forest that is a regionally important ecosystem. These two areas are separated by decades of ongoing urbanization which has caused fragmentation of the landscape making it difficult for many animals to move between the coastal and inland reserves.
Upon successful completion, the Wildlife Corridor will facilitate wildlife movement between the coastal parks and preserves and the Cleveland National Forest. Wildlife corridors in general, and this Corridor in particular, are an essential tool for mitigating the effects of urbanization and landscape fragmentation by preserving a pathway for wildlife movement between landscapes.
Connectivity fosters the genetic diversity and wildlife movement critical for ecosystem health.
Furthermore, as a designated ‘climate change corridor’ (Olsen, et al 2009), this last available Corridor is essential for maintaining resiliency in the face of climate change. Without this vital connection, the coastal ecosystem will continue to degrade over time due to genetic isolation.
Completed in 2019, the Irvine Wildlife Camera Monitoring Study showed both the lack of targeted species – deer, bobcats, coyotes, and other small mammals -- using the Corridor, and the negative impacts of high human intrusion. The Study underscored the importance of a functional, sustainable wildlife corridor connecting the coastal and inland wilderness areas and made specific recommendations for improving Corridor function. Since the completion of the Study, the Irvine-Laguna Wildlife Corridor Working Group has researched possible opportunities for the funding and implementation of improvements that address the barriers identified in the Study (e.g., rip-rap and sediment removal, vegetation management and fencing, among other solutions).
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49 Partners: The Laguna Greenbelt, Inc. is committed to bringing the vision of a completed and functional Corridor to reality by empowering the Irvine-Laguna Wildlife Corridor Working Group to collaborate with local stakeholders and Partners. Partners will be supporting the Corridor by actively participating in upcoming conversations and convening and other activities focused on honing, planning, and implementing specific remediations. By signing this Partner Charter, the organizations and government entities essential to success, signify collaboration in implementing the Irvine-Laguna Wildlife Corridor.
Signed: Dated:
_________________________________ ____________________________________
Current Partners:
City of Irvine
City of Laguna Beach
City of Laguna Woods
California Cultural Resources Preservation Alliance Inc. (CCRPA) California Native Plant Society
Chino Hill State Park Interpretive Association
Coastal Corridor Alliance
Coastal Greenbelt Authority
Crystal Cove Conservancy
Endangered Habitats League (EHL)
Friends of Harbors, Beaches and Parks (FHBP)
Hills for Everyone
Laguna Beach Canyon Alliance of Neighborhoods Defense Organization (CANDO) Laguna Canyon Conservancy (LCC)
Laguna Canyon Foundation (LCF)
OC Habitats
Pomona Valley Audubon
Still Protecting Our Newport (SPON)
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50 ATTACHMENT 3
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/21/22/23/24/i255/26/27/22/28/26/23/29/i255/22/27/i255/30/31/32/33/34/i255/35/36/26/27/37/38/i255/39/31/32/27/33/40/i255/26/36/38/i255/26/33/i255/36/22/29/41/42/i255 /43/22/28/22/33/38/24/i255/29/44/26/45/38/i255/46/22/33/34/22/27/i255/33/34/38/i255/30/31/32/33/34/i255/39/31/26/29/33/i255/21/22/23/24/38/36/27/38/29/29/i255/33/34/36/38/26/33/38/27/29/i255/22/27/47/36/38/38/24/22/27/37/i255/48/i255/23/26/45/41/22/27/37/i255/37/38/27/38/33/22/45/i255/24/22/49/38/36/29/22/33/40/i255/45/26/27/i255/29/44/36/38/26/24 /24/22/29/38/26/29/38/i255/26/28/31/27/37/i255/44/31/44/32/23/26/33/22/31/27/29/i255/31/50/i255/45/31/40/31/33/38/29/i255/26/27/24/i255/47/31/47/45/26/33/29/42 Item: 4
52 /0/1/2/3/4/5/6/3/i255/8/8/9/10/10/10/i255/12/13/14/15/16/i255/17/18/i255/17/19/15/20/i255/16/19/12/13/15/i255/21/22/23/22/i255/22/24/2/25/26/1/27/24/3/22/28/i255/27/29/i255/2/3/22/i255/30/31/32/24/i255/2/4/i255/33/23/4/2/22/34/2/i255/1/4/34/25/1/i255/3/25/26/27/2/25/2/24/i255/25/29/28/i255/22/34/4/24/35/24/2/22/36/24/i255/27/29 /37/4/5/2/3/i255/38/4/5/29/2/35/39/i255/27/2/40/24/i255/29/4/2/i255/22/29/4/5/6/3/i255/41/4/23/i255/36/25/29/35/i255/24/33/22/34/27/22/24/42 /43/29/44/27/23/4/29/36/22/29/2/25/1/27/24/2/24/i255/25/29/28/i255/26/27/4/1/4/6/27/24/2/24/i255/3/25/44/22/i255/24/33/22/29/2/i255/28/22/34/25/28/22/24/i255/27/36/25/6/27/29/27/29/6/i255/25/i255/21/27/1/28/1/27/41/22/i255/34/4/23/23/27/28/4/23/i255/33/25/24/24/25/6/22/i255/24/2/23/22/2/34/3/27/29/6/i255/18/14/17/45 /46/47/15/i255/48/12/20/46/12/i255/49/20/12/i255/50/17/51/20/46/12/52/20/16/i255/46/17/i255/46/47/15/i255/48/17/51/46/47/i255/53/17/12/16/46/i255/54/52/55/56/15/14/20/15/16/16/i255/2/4/i255/6/27/44/22/i255/25/29/27/36/25/1/24/i255/36/4/23/22/i255/24/33/25/34/22/i255/2/4/i255/36/27/6/23/25/2/22/39/i255/36/25/27/29/2/25/27/29 /3/22/25/1/2/3/35/i255/33/4/33/5/1/25/2/27/4/29/24/i255/25/29/28/i255/22/24/34/25/33/22/i255/28/25/29/6/22/23/42 /57/3/27/24/i255/24/27/58/59/36/27/1/22/i255/24/2/23/22/2/34/3/i255/25/27/36/24/i255/2/4/i255/34/4/29/29/22/34/2/i255/2/3/4/24/22/i255/60/60/39/32/32/32/i255/25/34/23/22/24/i255/25/1/4/29/6/i255/2/3/22/i255/34/4/25/24/2/1/27/29/22/i255/2/4/i255/2/3/22/i255/36/4/23/22/i255/2/3/25/29/i255/61/62/32/39/32/32/32/i255/25/34/23/22/24/i255/4/41 /4/33/22/29/i255/24/33/25/34/22/i255/2/4/i255/2/3/22/i255/29/4/23/2/3/22/25/24/2/42 /57/3/22/i255/34/4/29/29/22/34/2/27/4/29/i255/21/27/1/1/i255/33/23/4/36/4/2/22/i255/6/22/29/22/2/27/34/i255/28/27/44/22/23/24/27/2/35/i255/41/4/23/i255/1/4/34/25/1/i255/24/33/22/34/27/22/24/i255/21/3/27/1/22/i255/25/1/24/4/i255/6/27/44/27/29/6/i255/21/27/1/28/i255/25/29/27/36/25/1/24/i255/22/24/34/25/33/22/i255/23/4/5/2/22/24 /41/4/23/i255/22/44/22/29/2/24/i255/1/27/63/22/i255/21/27/1/28/41/27/23/22/24/42 /64/3/27/1/22/i255/2/3/22/i255/34/4/23/23/27/28/4/23/i255/27/24/i255/24/2/27/1/1/i255/5/29/28/22/23/i255/34/4/29/24/2/23/5/34/2/27/4/29/i255/27/29/i255/24/4/36/22/i255/25/23/22/25/24/i255/65/i255/25/29/28/i255/27/29/i255/2/3/22/i255/33/1/25/29/29/27/29/6/i255/33/3/25/24/22/i255/27/29/i255/4/2/3/22/23/24/i255/65/i255/36/25/66/4/23 /33/23/4/6/23/22/24/24/i255/3/25/24/i255/26/22/22/29/i255/36/25/28/22/i255/2/4/i255/26/23/27/29/6/i255/2/3/22/i255/34/4/23/23/27/28/4/23/i255/2/4/i255/41/5/29/34/2/27/4/29/25/1/27/2/35/i255/27/29/i255/2/3/22/i255/33/25/24/2/i255/24/22/44/22/23/25/1/i255/35/22/25/23/24/42 Item: 4
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64 /0/1/2/3/3/4/5/6/i255/3/5/8/9/i255/4/2/1/10/i255/1/10/3/10/5/1/11/12/i255/8/3/i255/6/10/10/9/10/9/i255/13/2/i255/10/6/3/14/1/10/i255/13/12/8/3/i255/15/8/6/5/16/i255/17/2/1/13/8/2/6/i255/2/15/i255/13/12/10/i255/11/2/1/1/8/9/2/1/i255/8/3/i255/15/14/6/11/13/8/2/6/5/16/i255/18/i255/10/3/17/10/11/8/5/16/16/19/i255/5 /11/14/16/20/10/1/13/i255/14/6/9/10/1/i255/13/12/10/i255/21/22/23/i255/13/2/16/16/i255/1/2/5/9/24 /25/26/27/28/29/i255/31/32/i255/31/33/33/34/35/34/36/37/38/i255/39/26/34/40/i255/32/26/41/41/34/42/26/41/i255/43/33/33/26/41/28 /44/20/10/1/i255/13/12/10/i255/17/5/3/13/i255/11/2/14/17/16/10/i255/19/10/5/1/3/45/i255/46/5/47/14/6/5/i255/0/1/10/10/6/48/10/16/13/i255/12/5/3/i255/48/10/10/6/i255/49/2/1/50/8/6/47/i255/13/2/i255/47/5/8/6/i255/16/2/11/5/16/i255/11/8/20/8/11/i255/3/14/17/17/2/1/13/i255/15/2/1/i255/13/12/10/i255/11/2/1/1/8/9/2/1/24 /51/19/i255/47/10/13/13/8/6/47/i255/11/8/13/8/10/3/i255/13/2/i255/3/8/47/6/i255/5/i255/17/5/1/13/6/10/1/i255/11/12/5/1/13/10/1/i255/18/i255/49/12/8/11/12/i255/20/2/8/11/10/3/i255/5/i255/11/8/13/19/52/3/i255/3/14/17/17/2/1/13/i255/15/2/1/i255/13/12/10/i255/11/2/1/1/8/9/2/1/52/3/i255/11/1/10/5/13/8/2/6/i255/18 /0/1/2/3/3/4/5/6/i255/3/5/8/9/i255/8/13/52/3/i255/10/5/3/8/10/1/i255/15/2/1/i255/46/5/47/14/6/5/i255/0/1/10/10/6/48/10/16/13/i255/13/2/i255/47/10/13/i255/15/14/6/9/8/6/47/i255/5/6/9/i255/3/13/5/13/10/i255/3/14/17/17/2/1/13/24 /53/12/10/i255/54/1/20/8/6/10/i255/55/8/13/19/i255/55/2/14/6/11/8/16/i255/20/2/13/10/9/i255/13/2/i255/3/14/17/17/2/1/13/i255/13/12/10/i255/11/2/1/1/8/9/2/1/52/3/i255/11/1/10/5/13/8/2/6/i255/5/13/i255/8/13/3/i255/4/10/10/13/8/6/47/i255/2/6/i255/56/14/6/10/i255/21/57/45/i255/21/58/21/22/24 /54/1/20/8/6/10/i255/59/5/19/2/1/i255/60/5/1/1/5/12/i255/61/12/5/6/45/i255/49/12/2/i255/12/5/3/i255/3/8/6/11/10/i255/48/10/10/6/i255/13/10/1/4/10/9/i255/2/14/13/i255/2/15/i255/2/15/15/8/11/10/45/i255/3/5/8/9/i255/8/13/i255/49/5/3/i255/8/4/17/2/1/13/5/6/13/i255/13/12/5/13/i255/16/2/11/5/16/i255/5/6/8/4/5/16/3 /5/1/10/i255/5/48/16/10/i255/13/2/i255/13/1/5/20/10/1/3/10/i255/13/12/10/i255/10/6/20/8/1/2/6/4/10/6/13/i255/3/5/15/10/16/19/24 Item: 4
65 /0/1/2/3/4/i255/6/3/7/7/i255/8/9/10/11/12/10/i255/13/14/9/10/i255/4/15/11/8/10/i255/16/14/9/i255/14/17/9/i255/6/3/7/18/7/3/16/10/i255/12/14/i255/19/10/i255/11/19/7/10/i255/12/14/i255/13/3/20/9/11/12/10/i255/16/9/14/13/i255/14/21/10/i255/11/9/10/11/i255/12/14/i255/11/21/14/12/2/10/9/i255/3/21/i255/11/i255/4/11/16/10/i255/13/11/21/21/10/9/22 /6/3/12/2/14/17/12/i255/12/2/10/i255/18/3/4/9/17/15/12/3/14/21/i255/14/16/i255/2/17/13/11/21/i255/19/10/3/21/20/4/22/23/i255/4/2/10/i255/4/11/3/18/24 /25/11/20/17/21/11/i255/26/10/11/8/2/i255/14/16/16/3/8/3/11/7/4/i255/27/14/12/10/18/i255/28/29/30/i255/11/12/i255/12/2/10/3/9/i255/31/10/15/12/24/i255/32/28/i255/13/10/10/12/3/21/20/i255/12/14/i255/4/17/15/15/14/9/12/i255/11/8/12/3/27/3/4/12/4/33/i255/10/16/16/14/9/12/4/i255/12/14/i255/10/4/12/11/19/7/3/4/2/i255/12/2/10/i255/8/14/9/9/3/18/14/9/24 /34/14/17/21/8/3/7/13/10/13/19/10/9/i255/35/11/9/36/i255/37/9/20/3/7/7/i255/6/11/4/i255/21/14/12/i255/15/9/10/4/10/21/12/i255/16/14/9/i255/12/2/10/i255/27/14/12/10/i255/19/17/12/i255/27/14/3/8/10/18/i255/2/3/4/i255/4/17/15/15/14/9/12/i255/3/21/i255/11/21/i255/10/13/11/3/7/i255/9/10/4/15/14/21/4/10/i255/12/14 /38/17/10/4/12/3/14/21/4/24/i255
/0/39/10/4/3/18/10/21/12/4/i255/6/3/7/7/i255/19/10/21/10/16/3/12/i255/16/9/14/13/i255/14/15/15/14/9/12/17/21/3/12/3/10/4/i255/12/14/i255/11/15/15/9/10/8/3/11/12/10/i255/6/3/7/18/7/3/16/10/i255/11/21/18/i255/21/11/12/17/9/11/7/i255/19/10/11/17/12/40/22/i255/6/2/3/8/2/i255/4/17/15/15/14/9/12/4/i255/13/10/21/12/11/7 /6/10/7/7/29/19/10/3/21/20/i255/11/21/18/i255/10/21/2/11/21/8/10/4/i255/14/17/9/i255/8/3/12/40/33/4/i255/3/18/10/21/12/3/12/40/i255/11/4/i255/11/i255/4/11/21/8/12/17/11/9/40/i255/16/14/9/i255/21/11/12/17/9/10/i255/7/14/27/10/9/4/22/23/i255/37/9/20/3/7/7/i255/6/9/14/12/10/24 /37/16/16/3/8/3/11/7/4/i255/3/21/i255/25/11/20/17/21/11/i255/41/14/14/18/4/i255/17/21/11/21/3/13/14/17/4/7/40/i255/11/15/15/9/14/27/10/18/i255/12/2/10/i255/15/11/9/12/21/10/9/i255/8/2/11/9/12/10/9/i255/14/21/i255/31/10/15/12/24/i255/42/43/22/i255/11/21/18/i255/12/2/10/i255/44/7/3/4/14/i255/45/3/10/46/14/i255/34/3/12/40 /34/14/17/21/8/3/7/i255/11/15/15/9/14/27/10/18/i255/12/2/10/i255/11/20/9/10/10/13/10/21/12/i255/18/17/9/3/21/20/i255/3/12/4/i255/13/10/10/12/3/21/20/i255/14/21/i255/47/14/27/24/i255/48/24 /41/2/10/21/i255/3/12/i255/8/14/13/10/4/i255/12/14/i255/8/14/13/15/7/10/12/10/7/40/i255/16/3/21/3/4/2/3/21/20/i255/12/2/10/i255/8/14/9/9/3/18/14/9/22/i255/49/9/14/4/4/13/11/21/i255/4/11/3/18/i255/3/12/i255/6/3/7/7/i255/12/11/36/10/i255/13/11/21/40/i255/18/3/4/8/17/4/4/3/14/21/4/i255/19/10/12/6/10/10/21 /25/11/20/17/21/11/i255/49/9/10/10/21/19/10/7/12/i255/27/14/7/17/21/12/10/10/9/4/i255/11/21/18/i255/12/2/10/3/9/i255/4/8/3/10/21/8/10/i255/11/18/27/3/4/14/9/4/24 Item: 4
66 /0/1/2/3/4/5/6/7/i255/9/10/2/11/12/i255/13/14/5/9/i255/7/3/15/2/7/i255/16/14/13/17/i255/18/14/6/6/19/20/i255/21/13/10/7/7/4/5/2/i255/7/5/3/9/22/i255/0/23/10/i255/24/10/18/i255/9/10/i255/18/14/i255/9/3/13/14/25/12/i255/12/24/14/i255/5/2/3/4/5/6/7/i255/3/2/12/10/i255/12/24/14/i255/26/13/10/26/14/13 /26/5/12/24/18/5/17/7/27/i255/28/10/18/i255/9/10/i255/18/14/i255/5/9/29/30/7/12/27/20 /0/1/i255/6/10/12/i255/10/31/i255/12/24/3/2/15/7/i255/13/14/4/5/3/2/i255/12/10/i255/32/14/i255/18/10/13/33/14/9/i255/10/30/12/19/20/i255/24/14/i255/7/5/3/9/22/i255/0/34/3/15/24/12/i255/2/10/18/i255/3/7/i255/29/30/7/12/i255/12/13/17/3/2/15/i255/12/10/i255/26/30/12/i255/12/24/14/i255/26/3/14/25/14/7/i255/12/10/15/14/12/24/14/13/22/20 /35/36/37/38/39/40/36/41/i255/43/40/44/45/46/i255/40/46/i255/41/i255/47/48/40/44/38/i255/48/49/i255/50/51/i255/52/53/41/44/54/i255/55/48/48/56/i255/57/38/58/48/53/59/40/36/37/i255/60/38/39/39/48/61/62/i255/51/48/36/59/41/44/59/i255/63/38/53/i255/41/59/i255/41/63/40/44/45/46/64/65/48/40/44/38/48/49/48/44/62/48/53/37/i255/48/53/i255/48/36 /52/61/40/59/59/38/53/i255/64/41/36/37/38/39/40/36/41/63/40/44/45/46/66/67/62 /68/53/40/45/41/i255/52/41/54/39/48/53/69/i255/70/41/71/53/41/i255/51/41/65/41/39/40/38/53/40/i255/41/36/56/i255/72/40/39/38/46/i255/73/41/46/45/40/36/i255/44/48/36/59/53/40/74/71/59/38/56/i255/59/48/i255/59/63/40/46/i255/53/38/58/48/53/59/62 /75/75/75
/76/77/78/i255/80/81/82/i255/83/82/84/84/81/85/86/i255/87/81/88/89/90/i255/81/91/i255/92/76/i255/93/88/86/94/i255/77 /95/81/78/77/86/88/81/78/96
/97/10/30/i255/10/32/16/3/10/30/7/6/17/i255/25/5/13/14/i255/5/32/10/30/12/i255/6/10/25/5/6/i255/2/14/18/7/i255/5/2/9/i255/16/5/6/30/14/i255/15/10/10/9/i255/29/10/30/13/2/5/6/3/7/4/i255/24/14/13/14/i255/3/2/i255/98/13/5/2/15/14/i255/99/10/30/2/12/17/22/i255/100/3/12/24 /17/10/30/13/i255/7/30/26/26/10/13/12/19/i255/18/14/i255/25/5/2/i255/32/13/3/2/15/i255/17/10/30/i255/4/10/13/14/i255/7/12/10/13/3/14/7/i255/6/3/33/14/i255/12/24/14/7/14/22 Item: 4
67 CITY COUNCIL AGENDA REPORT
MEETING DATE: 3/4/2025
DEPARTMENT: Community Development
SUBJECT:
AGREEMENT FOR UNARMED SECURITY GUARD SERVICES
RECOMMENDED ACTION(S):
1. Award an agreement with A.G. Coast Corporation, dba California Panther Security, for contract security services in the amount of $213,285.94.
2. Authorize the Mayor to sign, and the City Clerk to attest to the award of agreement with California Panther Security, substantially in the form attached.
EXECUTIVE SUMMARY:
As the community’s desire for City services in the evening and late night has increased, the City has sought to meet these demands through a combination of staff (used on an overtime basis), limited term staff and contract services. The need for contract security services to be available on an as-needed basis stem from special events held in the evening and on weekends, late evening enforcement related to street vending and other municipal code issues, and the occasional need to monitor City facilities and parks after business hours.
Staff issued a Request for Bids (“RFB”) for Unarmed Security Guard Services on November 21, 2024, and received 13 bids. Staff recommend awarding a Professional Consultant Services Agreement to California Panther Security, the lowest responsive and responsible bidder, with a total not-to-exceed compensation amount of $213,285.94 for a three-year term with two optional one-year extensions (Attachment 1). Staff conducted a reference check to determine the company’s status as a responsible bidder and received favorable comments (Attachment 2). Staff recommends the City Council award an Agreement to California Panther Security for Unarmed Security Guard Services (“Agreement”). The proposed Agreement was prepared by the Finance Department and approved as to form by the City Attorney.
Item: 5
68 3
4 4
1 BACKGROUND:
Over time, as the City has grown and expanded, the need for services at all hours of the day has increased and may fluctuate throughout a given week. As a result of the growth in demand for services at all hours, staff is evaluating the City’s transition into a ”24-hour city” and its response to changing service needs.
One example of the activities that have necessitated these services has been the need to address illegal sidewalk vending.
To protect the public health, safety, and welfare of the Lake Forest community, the City Council adopted an ordinance in 2019 to establish a Sidewalk Vending Program. Over the past year, the City faced an increase in illegal sidewalk vending operations, leading to obstructed public pathways, discarded trash, and unsanitary conditions. In response, on July 16, 2024, the City Council adopted an updated Sidewalk Vending ordinance, enabling code enforcement to impound equipment from non-compliant vendors.
Starting in November 2024, contract security officers were posted nightly to deter illegal vending, resulting in a marked reduction in such activities. Overall, new outreach and enforcement efforts have significantly reduced illegal vending operations within the city. The current contract with Valus Security for security services expires in October. This contract was established through the informal procurement process and authorized through the City Manager’s authority. At that time, staff viewed this contract as a “pilot” to evaluate the effectiveness of utilizing unarmed security guards as a supplement to staff resources.
DISCUSSION:
Staff issued an RFB for Unarmed Security Guard Services on November 21, 2024, through the OpenGov procurement portal. This post received 604 views and 33 downloads. By December 12, 2024, the City received 13 bids ranging from $213,285.94 to $484,503.04. Staff reviewed the lowest three bid packages for completeness with the electronic bidding system which eliminates mathematical errors in the bids. The submitted bid results are provided in Table 1 below.
Table 1: Bid Results
Proposing Firm
OpenGov
Verified Total 3-
Year
1. AG Coast Corporation dba California Panther Security $213,285.94
2. Carpe Diem 2024, LLC $239,023.80
3. Austin Logistics LLC $247,233.00
Item: 5
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4 4
1 Proposing Firm
OpenGov
Verified Total 3-
Year
4. Allied International Security, Inc. $256,357.74
5. D Harris LLC $260,402.00
6. Arriva Best Security Inc. $260,907.00
7. Absolute International Security, Inc. $310,458.10
8. Valus Security, Inc. $348,004.00
9. Alltech Industries Inc. $404,644.62
10. Kappia Security $412,110.00
11. GPI Security Services $445,285.65
12. Inter-Con Security Systems, Inc. $450,007.56
13. Bragpa Security Systems Inc. $484,503.04
The proposed scope of work includes performing patrol duties and tasks, assisting with pre-enforcement coordination, providing enforcement support, assisting with incident responses, and completing post-operation duties as needed. The objective of providing these unarmed security services is to ensure the safety of enforcement teams, contractors, and the public while maintaining order and deterring unauthorized and/or unpermitted activities.
Staff conducted a reference check for California Panther Security to determine the company’s status as a responsible bidder. References from other agencies provided mostly favorable comments. For example, OC Parks utilized their security services and noted that the quality of their work was very good. The company was responsive to emails and phone calls, and the guards were friendly and efficient. Other responses noted the contractor’s professionalism, efficient responses to last-minute requests, overall quality of work, and the desire to contract with California Panther Security in the future. (See Attachment 2).
Based on the review of the bid and reference check, staff recommends the City Council award an Agreement to California Panther Security for Unarmed Security Guard Services (“Agreement”). The term, beginning March 6, 2025, is three years with two optional one-year extensions at the discretion of the City Council (Attachment 1). The proposed Agreement includes a not-to-exceed compensation amount of $213,285.94. Sufficient funds exist to cover the costs of the recommended action. The Finance Department prepared the Agreement with California Panther Security, which the City Attorney reviewed and approved as to form.
In accordance with the City’s Purchasing Guidelines, the City Manager may approve additional work not to exceed 10% of the original contract amount.
Since November 2024, the City has managed enforcement and impoundment actions with the assistance of a security contractor. While the daily need for this Item: 5
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1 service has decreased, unarmed security guards may also be used to fill in for staff during holidays or absences and by other departments on an on-call and ad hoc basis. A security contractor, for instance, would be able to provide security services at the City’s public parks or during special events, such as the Taste of Lake Forest and/or Summer Concerts. As more services are required into later hours of the day and as the City experiences changes to its demands for services as a 24-hour city, contract security services would provide the City with the ability to provide these services as needed.
FISCAL IMPACT:
Sufficient funds exist in the 2023-2025 Operating Budget to cover the costs of the recommended action.
ATTACHMENTS:
1. Agreement for Contract Security Services with California Panther Security
2. Vendor Reference Check
Initiated By: Amy Stonich, AICP, Assistant Director of Community Development
Submitted By: Gayle Ackerman, AICP, Director of Community Development Approved By: Debra Rose, City Manager
Item: 5
71 ATTACHMENT 1
Item: 5
72 UNARMED SECURITY GUARD SERVICES
(2024-125)
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
Docusign Envelope ID: B75EA366-2E45-4387-834B-1CDD983985D3 Item: 5
73 City of Lake Forest
Professional Consultant Services Agreement
Unarmed Security Guard Services
I. PARTIES AND DATE. ................................ ................................ ..............
II. RECITALS. ................................ ................................ ..............................
III. TERMS................................. ................................ ................................ ..
IV. SIGNATURES. ................................ ................................ ........................
V. EXHIBIT "A" SCOPE OF SERVICES ................................ ...........................
VI. EXHIBIT "B" - SCHEDULE OF SERVICES ................................ ..................
VII. EXHIBIT "C" - COMPENSATION ................................ ..............................
VIII. EXHIBIT "D" - INSURANCE REQUIREMENTS ................................ ...........
Docusign Envelope ID: B75EA366-2E45-4387-834B-1CDD983985D3 Item: 5
74 Title: Unarmed Security Guard Services
3 1. PARTIES AND DATE.
This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California 92630 (“City”) and A.G Coast Corporation dba California Panther Security, a California Corporation (Inc.) , with its principal place of business at 5777 W Century Blvd, Ste. 1601, Los Angeles, CA 90045 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”
Docusign Envelope ID: B75EA366-2E45-4387-834B-1CDD983985D3 Item: 5
75 Title: Unarmed Security Guard Services
4 2. RECITALS.
2.1. Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional Unarmed Security Guard consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Unarmed Security Guard consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2. Project.
City desires to engage Consultant to render such professional Unarmed Security Guard consulting services for the Unarmed Security Guard Services project ("Project") as set forth in this Agreement.
Docusign Envelope ID: B75EA366-2E45-4387-834B-1CDD983985D3 Item: 5
76 Title: Unarmed Security Guard Services
5 3. TERMS.
3.1. Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Unarmed Security Guard consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from March 6, 2025 to March 5, 2028, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2. Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
Docusign Envelope ID: B75EA366-2E45-4387-834B-1CDD983985D3 Item: 5
77 Title: Unarmed Security Guard Services
6 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Delia Rosales, Office Administrative Assistant; Akin Peters, Operations Manager; Lila Zepeda, Senior Accountant; Rubi Orozco, Accounting Assistant; Dispatcher Team.
3.2.5 City's Representative. The City hereby designates Debra Rose, City Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Delia Rosales, Office Administrative Assistant, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its Docusign Envelope ID: B75EA366-2E45-4387-834B-1CDD983985D3 Item: 5
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7 sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Insurance. Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “D” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.
3.2.12 Water Quality Management and Compliance.
3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.
3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other Docusign Envelope ID: B75EA366-2E45-4387-834B-1CDD983985D3 Item: 5
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8 municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
3.2.12.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations listed in Section 3.2.12.2 of this Agreement, Consultant must comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the City of Lake Forest Local Implementation Plan (“LIP”) and the applicable Water Quality Management Plan (“WQMP”). The DAMP contains requirements related to design and construction of public projects. Consultant must be familiar the DAMP, and the LIP and comply with the requirements as specified therein.
A copy of the DAMP is available on the internet at:
http://www.ocwatersheds.com/documents/damp/mapplan
A copy of the LIP is available on the internet at:
http://www.lakeforestca.gov/296/Local-Implementation-Plan-LIP
3.2.12.4 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2.12.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.12.2 and 3.2.12.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement, or any other relevant water quality law, regulation, or policy. regulation, or policy.
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9 3.3. Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed TWO
HUNDERED THIRTEEN THOUSAND TWO HUNDERED EIGHTY-FIVE DOLLARS AND NINETY-FOUR CENTS ($213,285.94) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
3.4. Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, Docusign Envelope ID: B75EA366-2E45-4387-834B-1CDD983985D3 Item: 5
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10 agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
3.5. Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6. General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.1.4 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: A.G Coast Corporation dba California Panther Security 5777 W Century Blvd, Ste. 1601
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11 Los Angeles, CA 90045
ATTN: Delia Rosales, Office Administrative Assistant
City: City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
ATTN: City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.2 Ownership of Materials and Confidentiality.
3.6.2.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.2.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) Docusign Envelope ID: B75EA366-2E45-4387-834B-1CDD983985D3 Item: 5
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12 working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non- appealable order by a court of competent jurisdiction requires that City release such information.
3.6.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reason¬able attorney's fees and all other costs of such action.
3.6.5 Indemnification.
To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.
If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
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13 3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant¬, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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14 because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.6.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7. Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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15 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST A.G Coast Corporation dba California Panther Security
By: [AUTHORIZED CITY SIGNATURE]
Scott Voigts
Mayor
By: [VENDOR SIGNATURE 1]
Mahmoud (Matt) Galal
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]
Mohamed (Moe) Galal
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]
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16 5. EXHIBIT "A" SCOPE OF SERVICES
5.1. EXHIBIT "A" SCOPE OF SERVICES
Consultant shall provide the following professional Unarmed Security Guard consulting services relative to the City's Unarmed Security Guard Services project.
The scope of services includes ensuring the safety of enforcement teams, contractors, and the public while maintaining order and deterring unauthorized and/or unpermitted activities. Security personnel will adapt to varying enforcement needs, locations, and schedules to address the City's operational priorities promptly and effectively.
I. Contractor Responsibilities
The Contractor will provide the following:
1. Patrol Duties and Tasks
Provide professional, unarmed security guard services aligned with City objectives, applicable laws, regulations, and industry standards.
Ensure security guards maintain a professional appearance and demeanor. Protect City personnel, contractors, and bystanders during enforcement operations. Deter unauthorized and/or unpermitted activities through a visible presence and proactive surveillance.
Conduct inspections of City-designated areas to identify potential security risks. Conduct security checks, document observations, and verify compliance.
2. Pre-Enforcement Coordination
Collaborate with City staff to plan and align objectives for enforcement operations. Participate in pre-operation briefings to assess risks and establish protocols.
3. Surveillance and Deterrence
Maintain ongoing monitoring of assigned areas via vehicle or foot patrols. Use visible identification to establish authority and discourage violations.
4. Enforcement Support
Assist City personnel during enforcement operations, ensuring their safety. De-escalate conflicts and manage crowd behavior professionally. Secure confiscated property to prevent unauthorized access.
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17 5. Incident Response
Respond promptly to incidents or emergencies.
Follow emergency protocols, coordinate with law enforcement as needed, and document actions taken.
6. Post-Operation Duties
Inspect sites post-enforcement to ensure security and compliance. Submit detailed incident reports to the City within 24 hours of operations.
II. Patrol Services
1. Service Hours
Security guard services may be required up to 7 days per week, with varying shifts and durations based on City needs. The tentative hours of service will be 6 hours per day, i.e., 6:00 PM to 12:00 PM or 8:00 PM to 2:00 AM.
Emergency or on-call services may be requested at the City’s discretion.
2. Fixed and Roaming Patrols
Fixed Patrols: Guards may be stationed at specific locations or intersections as designated by the City. These locations may vary based on enforcement priorities. Roaming Patrols: Mobile patrols across City-designated areas, with routes adjusted based on real-time needs.
III. Personnel Requirements
Security personnel must:
o Hold valid California BSIS licenses.
o Complete training in conflict de-escalation, public engagement, and incident reporting. o Bilingual (English and Spanish) preferred.
City staff will perform random quality assurance checks.
IV. Reporting and Documentation
Daily Activity Logs: Maintain detailed records of patrols and observations. Incident Reports: Submit reports for significant events within 24 hours. Monthly Summary Reports: Provide analysis of patrol activities and recommendations for adjustments.
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18 V. Coordination and Communication
Assign a dedicated account manager as the primary contact for the City. Participate in quarterly performance review meetings. Remain available for service requests or strategy adjustments.
VI. Equipment and Resources
The security firm is responsible for supplying, maintaining and insuring all equipment and vehicles. Vehicles: Fully marked patrol vehicles with GPS tracking and proper insurance. Equipment: Uniforms, communication devices, safety equipment, and first-aid kits.
VII. Emergency Protocols
Implement the designated emergency response plan.
Coordinate with law enforcement or emergency services as necessary. Document and report all emergency actions promptly.
VIII. Performance Metrics and Key Performance Indicators (KPIs) Maintain professionalism and responsiveness during all operations. Meet reporting and documentation requirements.
Demonstrate measurable reductions in unauthorized activities, violations, or security concerns within assigned areas.
Timely and accurate submission of reports.
Positive feedback from City personnel regarding professionalism and adaptability.
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19 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.
Security guard services may be required up to 7 days per week, with varying shifts and durations based on City needs. The tentative hours of service will be 6 hours per day, i.e., 6:00 PM to 12:00 PM or 8:00 PM to 2:00 AM.
Emergency or on-call services may be requested at the City’s discretion.
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20 7. EXHIBIT "C" - COMPENSATION
7.1. EXHIBIT "C" - COMPENSATION
Consultant shall be paid for services in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Services and the not to exceed fee of TWO HUNDERED THIRTEEN THOUSAND TWO HUNDERED EIGHTY-FIVE DOLLARS AND NINETY-FOUR CENTS ($213,285.94).
Compensation shall be paid per the following schedule and terms.
Line
Item Description Quantity* Unit of Measure Unit Cost Total 1 Weekdays (Monday-Friday) Hourly Rate 6264 Hourly $23.45 $146,890.80 2 Weekends (Saturday and Sunday) Hourly
Rate 2496 Hourly $23.45 $58,531.20
3 Holidays (Federal Holidays observed)
Hourly Rate 264 Hourly $29.61 $7,817.04
4 On-Call Hourly Rate 1 Hourly $23.45 $23.45
5 Emergency Hourly Rate 1 Hourly $23.45 $23.45
Total $213,285.94
*Quantities are based on the maximum number of guards (up to 4), maximum hours per day (6 hours per day, per guard), and maximum days per week (up to 7 days) for the total contract duration (up to three (3) years).
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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21 8. EXHIBIT "D" - INSURANCE REQUIREMENTS
8.1. EXHIBIT "D" - INSURANCE REQUIREMENTS
1.1.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence.
(C) Workers’ Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
1.1.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
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22 (A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Professional Liability (Errors & Omissions):
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers’ Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
1.1.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self- insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
1.1.5 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a Docusign Envelope ID: B75EA366-2E45-4387-834B-1CDD983985D3 Item: 5
94 Title: Unarmed Security Guard Services
23 loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
1.1.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
1.1.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
1.1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.
1.1.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
1.1.10 Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
1.1.11 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
1.1.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its Docusign Envelope ID: B75EA366-2E45-4387-834B-1CDD983985D3 Item: 5
95 Title: Unarmed Security Guard Services
24 officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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96 ATTACHMENT 2
Item: 5
97 Apparent Low Bidder: Contact #1: Contact #2: Contact #3:
A.G Coast Corporation dba California Panther
Security OC Irvine Historical Park Santa Monica Pier United Medical Imaging Name Melanie Goss Cheryl Shavers Ben Barel
Phone No. or Email 714-973-6629
[email protected]
310-458-4984 (ext. 207)
[email protected]
310-635-0710
[email protected]
QUESTION RESPONSE RESPONSE RESPONSE
1. Title and type of project Unarmed security at OC Parks Headquarters
Security Services on the Santa Monica
Pier Unarmed Security Guard Services
2. Contract Amount $35,000/year Approx $550,000/year Not able to disclose
3. Approximate duration 5 years 5 years Contract term: July 2, 2018 - ongoing
4. Actual or estimated project completion date 2026 2028 Ongoing
5. Quality of the work Very good Good Very good
6. Similarity of the Project Very good Good Very good
7. Contractor’s relationship with agency representatives Very good Good Very good
8. Changes to Agreement No No No
9. Agency’s desire to have contractor bid on future projects Yes Yes Yes
10. Additional Comments
My experience with Panther has been
positive. They are responsive to emails
and phone calls. The guards are friendly
and efficient. We have used them for extra
work at other historic sites when we had
special projects and we have been equally
satisfied with their performance.
The city is billed bi-monthly. Over the
past four months, 50% of invoices
needed to be corrected.
California Panther Security’s 24/7
Dispatch has been very helpful in their
quick response times, ensuring all last-
minute coverage requests are handled
promptly and efficiently.
Unarmed Security Guard Services RFB
Item: 5
98 CITY COUNCIL AGENDA REPORT
MEETING DATE: 3/04/2025
DEPARTMENT: Public Works
SUBJECT:
AWARD OF CONTRACT FOR CONTRACT ADMINISTRATION AND
CONSTRUCTION INSPECTION SERVICES FOR EL TORO ROAD PROJECTS RECOMMENDED ACTION(S):
1. Award a Professional Consultant Services Agreement with a compensation amount of $348,259.28 to FCG Consultants, Inc. for Contract Administration and Construction Inspection Services.
2. Authorize the Mayor to sign, and the City Clerk to attest, the award of Professional Consultant Services Agreement to FCG Consultants, Inc.
EXECUTIVE SUMMARY:
On October 15, 2024, the City issued a Request for Proposal (“RFP”) to secure one firm for the following three projects :
1. El Toro Road Raised medians and resurfacing, from Jeronimo Road to Trabuco Road
2. Median Improvements on Trabuco Road at El Toro Road
3. Jeronimo Road Widening at El Toro Road.
The City received nine proposals in response to the RFP solicitation. Those nine firms were evaluated utilizing the City’s Purchasing and Contracting Guidelines (“Purchasing Guidelines”). Each firm was individually evaluated and scored as part of the City’s proposal evaluation process.
The highest rated firm was FCG Consultants, Inc. (“FCG”) Based on the satisfactory review of the proposal from FCG, staff recommends the City Council approve the proposed Professional Consultant Services Agreement (“Agreement”) with FCG for Contract Administration and Construction Inspection Services for the El Toro Road Projects in the not to exceed amount of $348,259.28.
All projects are included as part of the individual project budgets within the City’s 2023-2030 CIP, which includes the funding sources for each project.
Item: 6
99 BACKGROUND:
The City uses consultants to provide Contract Administration and Construction Inspection Services for CIP projects. On October 10, 2024, the City Manager approved the RFP for Contract Administration and Construction Inspection Services and authorized staff to solicit proposals. The City issued the RFP on the City’s electronic bid management system, OpenGov, to secure consultants for the following three projects:
1. El Toro Road Raised medians and resurfacing from Jeronimo Road to Trabuco Road
2. Median Improvements on Trabuco Road at El Toro Road
3. Jeronimo Road Widening at El Toro Road
In the RFP, staff noted that the City would be awarding all three projects to a single firm, as the projects will be advertised for construction as a package and awarded to a single contractor.
DISCUSSION:
On November 6, 2024, the City received proposals in response to the RFP from the following nine (9) firms:
• AESCO
• FCG Consultants, Inc.
• LAE Associates, Inc.
• Onward Engineering
• Transtech Engineers, Inc.
• FALCON Engineering Services
• Fountainhead Consulting Services
• Z&K Consultants, Inc.
• Southstar Engineering & Consulting,
Inc.
Consistent with the City’s Purchasing Guidelines, staff assembled a selection committee approved by the City Manager to review proposals and participate in the selection process. The selection committee was comprised of the following:
• Director of Public Works
• Assistant City Engineer/Engineering Services Manager
• Assistant Director of Finance
Technical Review and Interview Process
The review process has three phases: the Technical Review of written proposals, the Qualifications Interview phase, and the cost proposal evaluation. The Purchasing Guidelines require the Selection Committee to review all proposals submitted in response to the RFP.
Item: 6
100
During review of the technical proposals, the selection panel scored proposals based on criteria described in the RFP. The technical proposal scores are shown in Table 1 below. Pursuant to the City's Purchasing Guidelines, the City invited firms that received a minimum average score of 60 points in the technical proposal phase to the interview phase of the selection process. During the interview phase, each of the five firms had the opportunity to discuss their respective approaches to the requested services.
Table 1
Aggregate Scores Summary – Technical Review Phase Scoring Vendor Evaluator
1 Evaluator
2 Evaluator
3 Total Avg.
Score (Max
Score 100)
FCG Consultants,
Inc.
80 79 88 82.33
Onward Engineering 80 74 79 77.67
Transtech
Engineers, Inc.
73.5 65 63.5 67.33
LAE Associates, Inc. 67.5 62.5 70 66.67
Z&K Consultants,
Inc.
61.5 58.5 67.5 62.5
Southstar
Engineering &
Consulting, Inc.
46 55 57.5 52.83
Fountainhead
Consulting Corp.
52.5 52.5 52 52.33
FALCON
Engineering
Services
47.5 50 53.5 50.33
AESCO 42 54 53.5 49.83
Table 2 shows the total score for the Interview and Cost Proposal evaluation portion.
Table 2
Aggregate Scores Summary - Interview and Costing Review Vendor Evaluator
1 Evaluator
2 Evaluator
3 Total Avg.
Score (Max
Score 200)
FCG Consultants,
Inc.
166 160.4 174 166.8
Z&K Consultants,
Inc.
119 150.2 160.6 143.27
Onward Engineering 127 134.2 155.8 139
Item: 6
101
Vendor Evaluator
1 Evaluator
2 Evaluator
3 Total Avg.
Score (Max
Score 200)
Transtech
Engineers, Inc.
116 138.4 137.6 130.67
LAE Associates, Inc. 120 124.8 139.2 128
The scores reflected FCG as the firm with the highest qualifications with its cost proposal included. The selection panel recommends awarding an agreement to FCG due to the proposed team’s experience with intersection widening projects and experience working on City projects. FCG’s proposed Project Manager is the former Construction Director for the City of Irvine. The selection panel determined that his unique experience would be extremely valuable due to the impact the construction will have on one of the City’s busiest arterials.
Cost Proposals
Compensation for Contract Administration and Construction Inspection Services is based on a time and materials basis for four (4) specific tasks for each project defined in the solicitation. At the conclusion of the interview process, the interviewed firms had the opportunity to submit a last, best, and final cost proposal. Those cost proposals or the original, if a revised proposal was not submitted, were utilized for the selection of the most qualified, cost-effective firms. Z&K and FCG were the only firms who chose to submit revised cost proposals. Table 3 below describes the final cost proposals received.
Table 3
COST PROPOSALS
Firm Cost Proposal
FCG Consultants, Inc. $348,259.28
Z&K Consultants, Inc. $197,988.00
Onward Engineering $285,270.00
Transtech Engineers, Inc. $394,580.00
LAE Associates, Inc. $195,432.00
FCG earned the highest score overall, including scoring associated with the cost proposal. While FCG’s cost proposal was higher than the 2nd ranked firm, Z&K, FCG’s proposal included an appropriate amount of hours for construction management and inspection in line with this project’s complexity. The proposed contract would be billed on a time and materials basis only for the hours actually used on the project. In the past, staff has found that proposals that do not include sufficient hours of construction management and inspection can potentially lead to a lack of oversight on the quality of work from the contractor and construction claims. The El Toro Road projects are particularly complex due to right-of-way Item: 6
102
acquisition issues, the traffic control necessary for large traffic volumes on both El Toro Road and Jeronimo Road, and overall scope of the three projects. Staff recommend the highest ranked consultant, FCG, based on the combination of qualifications and the estimated hours proposed to provide proper management and inspection for projects of this complexity. Staff checked references for FCG, and received positive reviews based on projects completed for other agencies (Attachment 2).
CIP Funding Overview
Projects identified in the current fiscal year (2024-25) have funds allocated to begin the projects. Any future funding would be allocated by the City Council as necessary. The Jeronimo Widening at El Toro Road and El Toro Raised Median and Resurfacing Project are funded by the Foothill Corridor Phasing Program (“FCPP”) Program. The Trabuco Medians are funded through the M2/SB1 Gas Tax.
The Finance Department prepared the proposed Professional Services Agreement with FCG, which the City Attorney reviewed and approved as to form.
The proposed agreement includes a total not-to-exceed compensation amount of $348,259.28. 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 the proposed Agreement with FCG Consultants to provide Contract Administration and Construction Inspection Services for the El Toro Road Projects.
FISCAL IMPACT:
Funds to pay for Contract Administration and Construction Inspection Services are included as part of the individual project budgets included in the City’s 2023- 2030 Capital Improvement Plan. Sufficient funds exist to cover the costs of the recommended actions.
ATTACHMENTS:
1. Professional Consultant Services Agreement with FCG Consultants, Inc.
2. Reference Check - FCG
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: 6
103
Attachment 1
Item: 6
104
REQUEST FOR PROPOSALS FOR CONTRACT ADMINISTRATION
AND CONSTRUCTION INSPECTION SERVICES FOR: EL TORO
ROAD PROJECTS
(2025-010)
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
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City of Lake Forest
Professional Consultant Services Agreement
REQUEST FOR PROPOSALS FOR CONTRACT ADMINISTRATION AND
CONSTRUCTION INSPECTION SERVICES FOR: EL TORO ROAD PROJECTS I. PARTIES AND DATE. ................................ ................................ ..............
II. RECITALS. ................................ ................................ ..............................
III. TERMS................................. ................................ ................................ ..
IV. SIGNATURES. ................................ ................................ ........................
V. EXHIBIT "A" SCOPE OF SERVICES ................................ ...........................
VI. EXHIBIT "B" - SCHEDULE OF SERVICES ................................ ..................
VII. EXHIBIT "C" - COMPENSATION ................................ ..............................
VIII. EXHIBIT "D" - INSURANCE REQUIREMENTS ................................ ...........
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Title: REQUEST FOR PROPOSALS FOR CONTRACT ADMINISTRATION AND CONSTRUCTION INSPECTION SERVICES FOR:
EL TORO ROAD PROJECTS
3 1. PARTIES AND DATE.
This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California 92630 (“City”) and FCG Consultants, Inc., a CaliforniaCorporation (Inc.) , with its principal place of business at 22885 Savi Ranch Pkwy Suite G , Yorba Linda, CA 92887 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.” Docusign Envelope ID: C1D61F99-2B7B-48C8-8179-94D0004C884A Item: 6
107
Title: REQUEST FOR PROPOSALS FOR CONTRACT ADMINISTRATION AND CONSTRUCTION INSPECTION SERVICES FOR:
EL TORO ROAD PROJECTS
4 2. RECITALS.
2.1. Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional Contract Administration and Construction Inspection Services (CA/CI) consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Contract Administration and Construction Inspection Services (CA/CI) consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2. Project.
City desires to engage Consultant to render such professional Contract Administration and Construction Inspection Services (CA/CI) consulting services for the Contract Administration and Construction Inspection Services for El Toro Road project ("Project") as set forth in this Agreement.
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Title: REQUEST FOR PROPOSALS FOR CONTRACT ADMINISTRATION AND CONSTRUCTION INSPECTION SERVICES FOR:
EL TORO ROAD PROJECTS
5 3. TERMS.
3.1. Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Contract Administration and Construction Inspection Services (CA/CI) consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from March 4, 2025 to March 3, 2028, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2. Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
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Title: REQUEST FOR PROPOSALS FOR CONTRACT ADMINISTRATION AND CONSTRUCTION INSPECTION SERVICES FOR:
EL TORO ROAD PROJECTS
6 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Kal Lambaz, Construction Manager.
3.2.5 City's Representative. The City hereby designates Thomas Wheeler, Director of Public Works/City Engineer, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Abdallah Fakhouri, Project Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its Docusign Envelope ID: C1D61F99-2B7B-48C8-8179-94D0004C884A Item: 6
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7 sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Insurance. Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “D” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.
3.2.12 Water Quality Management and Compliance.
3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.
3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other Docusign Envelope ID: C1D61F99-2B7B-48C8-8179-94D0004C884A Item: 6
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8 municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
3.2.12.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations listed in Section 3.2.12.2 of this Agreement, Consultant must comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the City of Lake Forest Local Implementation Plan (“LIP”) and the applicable Water Quality Management Plan (“WQMP”). The DAMP contains requirements related to design and construction of public projects. Consultant must be familiar the DAMP, and the LIP and comply with the requirements as specified therein.
A copy of the DAMP is available on the internet at:
http://www.ocwatersheds.com/documents/damp/mapplan
A copy of the LIP is available on the internet at:
http://www.lakeforestca.gov/296/Local-Implementation-Plan-LIP
3.2.12.4 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2.12.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.12.2 and 3.2.12.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement, or any other relevant water quality law, regulation, or policy. regulation, or policy.
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9 3.3. Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed THREE
HUNDRED AND FORTY-EIGHT THOUSAND TWO HUNDRED AND FIFTY-NINE DOLLARS AND TWENTY EIGHT CENTS ($348,259.28) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
3.4. Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, Docusign Envelope ID: C1D61F99-2B7B-48C8-8179-94D0004C884A Item: 6
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10 agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
3.5. Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6. General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.1.4 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
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11 Consultant: FCG Consultants, Inc.
22885 Savi Ranch Pkwy Suite G
Yorba Linda, CA 92887
ATTN: Abdallah Fakhouri, Project Manager
City: City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
ATTN: City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.2 Ownership of Materials and Confidentiality.
3.6.2.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.2.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other Docusign Envelope ID: C1D61F99-2B7B-48C8-8179-94D0004C884A Item: 6
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12 applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non- appealable order by a court of competent jurisdiction requires that City release such information.
3.6.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reason¬able attorney's fees and all other costs of such action.
3.6.5 Indemnification.
To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.
If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
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13 3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant¬, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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14 3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.6.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7. Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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15 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST FCG Consultants, Inc.
By: [AUTHORIZED CITY SIGNATURE]
Scott Voigts
Mayor
By: [VENDOR SIGNATURE 1]
Maha Alfakhouri
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]
Abdallah Fakhouri
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]
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16 5. EXHIBIT "A" SCOPE OF SERVICES
5.1. EXHIBIT "A" SCOPE OF SERVICES
Consultant shall provide the following Contract Administration and Construction Inspection Services (CA/CI) professional consulting services relative to the City's Contract Administration and Construction Inspection Services for El Toro Road project.
General Project Descriptions
Designs for all these projects are currently underway and PS&E packages will be ready for advertising.
The main improvement for each package being the arterial street resurfacing. The partial bid line items for each resurfacing project includes the following: Mobilization, demobilization & cleanup, surveying & monument preservation, traffic control & public noticing, traffic signing and striping, AC grind and overlay, AC removal and replacement, AC local dig outs, base cement treatment, removal and replacement of ADA ramps, sidewalks, curb and gutter, driveways, bus pads, as well as replacement and adjustment of utilities, updates to traffic signals and/or traffic loops, landscaping and irrigation modifications, and other related improvements to complete the resurfacing project as necessary.
A. Provide construction administration and construction inspection services for El Toro Road Resurfacing (Jeronimo Road to Trabuco Road): This project would resurface El Toro Road from Jeronimo Road to Trabuco Road to improve the PCI of the street to extend the street service life, improve safety, minimize costs, maintenance needs, and enhance aesthetics. Supplemental design components include curb, gutter and sidewalk repairs, construction of ADA ramps and driveways, signing and striping replacement.
B. Provide construction administration and construction inspection services for El Toro Road Medians (Jeronimo Road to Trabuco Road): This project includes construction of raised medians on El Toro Road from Jeronimo Road to Trabuco Road. The work also includes installation of irrigation and landscaping in the raised medians.
C. Provide construction administration and construction inspection services for Jeronimo Road Widening (Jeronimo Road at El Toro Road): This project includes the widening/realignment of Jeronimo Road at the intersection of El Toro Road. The widening consists of the removal and reconstruction of portions of the roadway, curb, gutter, sidewalk and an existing perimeter CMU block retaining wall, to facilitate the widening, as well as restoration of landscaping and irrigation.
D. Provide construction administration and construction inspection services for Arterial Median Improvements Trabuco Road (Trabuco Road at El Toro Road): This project would remove the existing traffic delineators in the median of Trabuco Road and construct a raised median on Southbound Trabuco Road.
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17 It is the City’s intent to bid El Toro Road Resurfacing (Jeronimo to Trabuco); El Toro Median Improvements (Jeronimo to Trabuco); Jeronimo Widening (Jeronimo at El Toro Road); and Arterial Median Improvement (Trabuco Road at El Toro Road) projects as a single package to be awarded to a single contractor. The construction contract is estimated to be approximately 120 Working Days.
Contract Administration
A. Assist the City in securing bids, preparing necessary addenda, answering bidders’ questions, providing analysis of bid results, and furnishing a recommendation on the award of construction contract.
B. Prepare special concerns to be presented at preconstruction conference. Determine requirements, and identify any necessary permits from City, various utility companies, state and federal agencies as required to construct and operate the improvements for all projects up-front prior to preconstruction conference. Prior to commencement of construction, assist the City in preparing a notice to utilities identifying the impact of the project on their utilities and for any relocation required.
C. Hold preconstruction conference, present special project requirements, and prepare minutes. This will include the preparation of an agenda and reviewing/commenting on the Contractor’s schedule, including an Initial 4-week look-ahead schedule.
D. Provide contract administration for proper enforcement of the contract plans and specifications. This will include, but is not limited to, assisting the City in reviewing bonds and insurance to verify compliance with specifications, verifying that the contractor has obtained all the required permits for the construction of the project, reviewing submitted certified payroll records (CPRs) for compliance with the applicable wage rates.
E. Provide engineering support, as needed, to make as-built revisions to the original plans.
F. Provide the necessary consulting services required to coordinate the efforts between the City and Contractor. Maintain a correspondence, information, and document tracking system to ensure that correspondence requiring responses, requests, and submittals are answered in a timely manner and that project files are maintained in an orderly manner.
G. Administer, review and track Requests for Information (RFI’s), Requests for Clarifications (RFC’s), and shop drawings.
H. Review and recommend approval of progress payment requests to City. Prior to the Notice to Proceed, the contractor will submit for approval by the City a schedule of values for all lump sum items. The consultant’s construction management staff and contractor shall meet after the agreed upon cut-off date to review and verify quantities of work completed this period. Once agreed upon, the contractor shall submit an invoice for work completed. The consultant shall then initiate the progress pay procedures.
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Title: REQUEST FOR PROPOSALS FOR CONTRACT ADMINISTRATION AND CONSTRUCTION INSPECTION SERVICES FOR:
EL TORO ROAD PROJECTS
18 I. For Federally Funded projects, the work will be in accordance with Caltrans' Construction Oversight Information Notices (COIN) including No. 1: Keeping Adequate Construction Records; COIN No. 2: FHWA Risk Management Plan for Recovery Act Projects; COIN No. 3 Quality Assurance Program (QAP); COIN No. 4 Do Not Use Local Hiring Preferences; COIN No.10 Frequently Observed Deficiencies in Contract Administration; COIN No 11: Administration of Contract Time, and any other applicable construction related COIN publications.
J. Attend meetings with the Contractor and Inspector at the site, as needed, to maintain continuity for control on overall progress of the work.
K. Provide necessary coordination with other agencies, including submitting permit applications and other potential grant application documents and documentation as well.
L. Consult with City regarding disposition of Contract Change Orders (CCO’s) and Stop Notices. All contract change orders must be issued by the City’s Project Manager or authorized representative. The consultant has no authority to issue Change Orders. Owner-initiated changes will be initiated by the City. The consultant shall negotiate and document cost increases or credits with the contractor and assess schedule impact. All Stop Notices must be immediately reported to the City’s Project Manager.
M. Provide labor compliance services to ensure that all labor compliance regulations are thoroughly adhered to in accordance with the requirements set forth by the Department of Industrial Relations (DIR). Monitor, document, and verify compliance with prevailing wage laws, certified payroll reporting, and other relevant labor regulations to ensure that the project meets all state labor standards, This includes regular reviews and audits of contractor submissions to maintain full compliance throughout the project’s duration.
N. Review the Contractor’s initial and updated construction schedules for compliance with the contract documents and verify that the schedules accurately represent the scope of work. Monitor the overall project schedule and provide the City with monthly schedule progress reports. Prepare weekly statement of working days documenting the construction progress, time of completion, delays, and time extensions.
O. Assist the City in maintaining a good relationship with the public. Answer citizen inquiries and complaints for the City relating to the project.
P. Coordinate the schedules and response of other City consultants or contractors (designers, surveyors, and materials testing laboratories) to ensure that the project proceeds on schedule.
Q. Coordinate construction with adjacent businesses or residences to ensure that they are afforded access to their property at all times, and to enforce the working hour and noise restrictions provided in the specifications.
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19 R. Enforce the provisions of the specifications that require contractor to post or distribute public notices. Enforce the requirement for re-noticing when construction schedules change.
S. Coordinate with public utilities and other public agencies to resolve construction questions, scheduling conflicts, or safety issues.
T. Coordinate with the contractor to ensure that Storm Water Pollution Prevention Plans, Water Quality control measures, and air pollution measures are effectively and consistently implemented.
U. At the completion of the project, coordinate inspection of the work to determine if any work is incomplete. Prepare a punch list of the incomplete work and provide to the Contractor and City.
Coordinate subsequent inspections to confirm that incomplete work has been completed satisfactorily.
V. At the completion of the project, turn over all documents including final redline as-builts. A final project report will be prepared summarizing the project and performance of the contractor.
Construction Inspection
A. Provide daily field observation during construction monitoring the general progress of the work to determine if the work is proceeding in accordance with the contract documents.
B. Inspect the location, line, grade of the facilities that are constructed.
C. Maintain accurate records of the quantities of materials that are constructed.
D. Maintain accurate records of the project schedule, days worked by contractor, and working days lost to weather or similar delays.
E. Maintain accurate records of the equipment on the job; and the idle or working time of the equipment.
F. Maintain accurate records or accidents or claims that are related to the construction.
G. For Federally Funded projects, the work will be in accordance with Caltrans' Construction Oversight Information Notices (COIN) including No. 1: Keeping Adequate Construction Records; COIN No. 2: FHWA Risk Management Plan for Recovery Act Projects; COIN No. 3 Quality Assurance Program (QAP); COIN No. 4 Do Not Use Local Hiring Preferences; COIN No.10 Frequently Observed Deficiencies in Contract Administration; COIN No 11: Administration of Contract Time, and any other applicable construction related COIN publications.
H. Coordinate contractor requests for interpretation of the plans and / or specifications in a manner that will document the resolution of questions and keep the project on schedule.
I. As required by the project specifications or funding conduct labor compliance interviews.
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Title: REQUEST FOR PROPOSALS FOR CONTRACT ADMINISTRATION AND CONSTRUCTION INSPECTION SERVICES FOR:
EL TORO ROAD PROJECTS
20 J. Review and monitor all traffic control and public safety plans for compliance with all safety laws and regulations. Review all detour, lane closures, temporary access, signing, delineation, and traffic control plans. Inspector will enforce traffic control safety requirements in and around construction zones.
K. Review pedestrian and handicap facilities potentially impacted by the project to ensure that pedestrian traffic and handicap traffic is safely and reasonably afforded access through the project.
L. Through independent inspections ensure that the contractor maintains traffic control, pedestrian access, and storm runoff at all times (during weekends, holidays, and storms).
M. Ensure that the contractor protects its worksite from pedestrians and motorists at all times and nighttime traffic controls are secured at the end of each workday. Whenever trench plates are used on the roadway, the inspector shall ensure that the trench plates are properly ramped and secured to the pavement at the end of each workday.
N. Enforce water quality best management practices, storm water pollution prevention plans, and water quality management plans at all times.
O. Meet with Contractor at the beginning of each workday and review proposed work plans, including specific details that may affect progress.
P. Review actual Contractor performance throughout working days and discuss discrepancies with the Contractor as they occur.
Q. Maintain copies of all permits needed to construct the project and enforce all special requirements of each permit.
R. Assist City in maintaining good relations with residents and businesses in the surrounding neighborhood. Respond to citizen complaints and inquiries regarding the project and ensure residents impacted by construction are informed of the project’s progress and potential impacts.
S. Review construction schedules and enforce requirements for updating schedules and maintaining appropriate progress of the work.
T. Evaluate work in progress and give a weekly status report to the City for the City’s use in determining any effect of scheduling delays and any needed enforcement or corrective action.
U. Maintain field file bound workbooks during construction, including quantities constructed, daily and weekly reports, working-day reports, change order documentation, and other documentation and photographs.
V. Review, evaluate, and discuss with the City all requests for changes of work, including costs involved, and prepare change orders.
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Title: REQUEST FOR PROPOSALS FOR CONTRACT ADMINISTRATION AND CONSTRUCTION INSPECTION SERVICES FOR:
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21 W. Maintain detailed records of workers and hours, and equipment and materials utilized under force account change orders.
X. Review and recommend approval of progress payments.
Y. Recommend and schedule, with the City and applicable agencies, the final inspection.
Z. Provide a final report summarizing all issues for project closeout. The report will document final inspections and the final punch lists of items to be completed and verify that all items on the final punch lists have been completed or corrected. The consultant shall assist the City in following up on defective work performed by contractor covered by warranties. The contractor will provide a follow up report to City following final inspection stating that the installation of improvements was completed in accordance with the plans and specifications and provide necessary data for City acceptance of the project.
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Title: REQUEST FOR PROPOSALS FOR CONTRACT ADMINISTRATION AND CONSTRUCTION INSPECTION SERVICES FOR:
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22 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.
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23 7. EXHIBIT "C" - COMPENSATION
7.1. EXHIBIT "C" - COMPENSATION
Consultant shall be paid for services in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Services and the not to exceed fee of THREE HUNDRED AND FORTY- EIGHT THOUSAND TWO HUNDRED AND FIFTY-NINE DOLLARS AND TWENTY EIGHT CENTS ($348,259.28) and billed per the following schedule and terms.
FCG Consultants, Inc. - El Toro Road Projects
Classification Hours Hourly Rate Cost
Pre Construction Phase (30 Calendar Days)
Construction Manager 80 $ 233.76 $ 18,700.80 Construction Inspector 8 $ 147.52 $ 1,180.16 Office Engineer 16 $ 99.86 $ 1,597.76 Subtotal (FCG Only) 104 $ 21,478.72
Construction Phase (120 WD)
Construction Manager 490 $ 233.76 $ 114,542.40 Construction Inspector 1140 $ 147.52 $ 168,172.80 Office Engineer 308 $ 99.86 $ 30,756.88 Subtotal (FCG Only) 1938 $ 313,472.08
Post-Construction Phase
Construction Manager 40 $ 233.76 $ 9,350.40 Construction Inspector 16 $ 147.52 $ 2,360.32 Office Engineer 16 $ 99.86 $ 1,597.76 Subtotal (FCG Only) 72 $ 13,308.48
Total Cost (NOT TO EXCEED) $ 348,259.28
Limitations & Conditions
Inspectors will be fully equipped with vehicles, computers, and tools and equipment required to perform their tasks.
Overtime and Weekend work is not included. Overtime is to be charged at 1.5 the above rate. Cost proposal is subject to prevailing wage rates, and prevailing wage rate change for inspectors.
Miscellaneous expenses includes stationaries and other items needed for CM team.
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: REQUEST FOR PROPOSALS FOR CONTRACT ADMINISTRATION AND CONSTRUCTION INSPECTION SERVICES FOR:
EL TORO ROAD PROJECTS
24 8. EXHIBIT "D" - INSURANCE REQUIREMENTS
8.1. EXHIBIT "D" - INSURANCE REQUIREMENTS
1.1.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence.
(C) Workers’ Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
1.1.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
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Title: REQUEST FOR PROPOSALS FOR CONTRACT ADMINISTRATION AND CONSTRUCTION INSPECTION SERVICES FOR:
EL TORO ROAD PROJECTS
25 (A) Commercial General Liability [INSERT “and Contractor’s Pollution Liability”; OTHERWISE, ALWAYS DELETE]:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Professional Liability (Errors & Omissions):
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers’ Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
1.1.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self- insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
1.1.5 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing Docusign Envelope ID: C1D61F99-2B7B-48C8-8179-94D0004C884A Item: 6
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26 insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
1.1.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
1.1.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
1.1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.
1.1.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
1.1.10 Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
1.1.11 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
1.1.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate Docusign Envelope ID: C1D61F99-2B7B-48C8-8179-94D0004C884A Item: 6
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27 insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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Attachment 2
Item: 6
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CITY OF LAKE FOREST - DEPARTMENT OF PUBLIC WORKS
REFERENCE CHECK
FCG Consultants, Inc.
Construction Administration/Construction Inspection - El Toro Road Projects Contact #1: Contact #2: Contact #3:
Agency: City of Irvine City of Pico Rivera City of Downey Kazan Walnut Traffic Signal
Improvements
Traffic Signal Improvements
Paramount Blvd.
Imperial Highway Traffic Signal
UpgradesProject:
Contact Info:
Phone:
Darell Hartman
(949-724-7556
Kenner Guerrero
(562) 801-4351
Ed Norris
(562) 904-7110
[email protected]
RESPONSE
Email: [email protected]
RESPONSEQUESTIONS RESPONSE
1. What were the services
performed?
Kal Lambaz performed Design and
Construction Management
Construction engineering,
inspection and material testing.Traffic Signal Improvements Paramount Blvd.
2. How would you rate the quality
of work? Very good Very good Very good
They adhered to the budget but
Good. Aside from some material ended up exceeding it because of delays not under their control which additional working days we ended3. How well did they adhere to budget? Very good
effected the budget. up giving the contractor due to
COVID.
Very good. Kal Lambaz did an
excellent job communicating day-to-
day project information
4.Rate the day-to-day
communication with the firm.
Very good. Mr. Fakhouri (CM) and
inspectors are very responsive.Very good
Yes absolutely. They are currently
providing project management and
constructability review services for
us.
Yes. I would hire Kal Lambaz to
manage any project5. Would you hire the firm again? Yes.
6. Do you have any additional
comments or information
regarding your experience with
the firm?
Loved working with them. They
communicated well and had good
control over contractor in keeping know the Caltrans LAPM as well as the budget. any firm out there.
Where this firm really shines is on
federally-funded projects. TheyKal Lambaz is an excellent project manager and any project under his
control will be a success
Item: 6
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 3/4/2024
DEPARTMENT: Community Development
SUBJECT:
THIRD AMENDMENT TO AGREEMENT WITH INTERWEST CONSULTING
GROUP, INC. FOR BUILDING AND SAFETY SERVICES
RECOMMENDED ACTION(S):
1. Approve the Third Amendment to the Professional Services Agreement with Interwest Consulting Group, Inc. (“Interwest”) for Building and Safety Services.
2. Authorize the Mayor to sign, and the City Clerk to attest, the Third Amendment to the Professional Services Agreement with Interwest substantially in the form attached.
EXECUTIVE SUMMARY:
On March 25, 2021, the City Council awarded a three-year Professional Services Agreement (“Agreement”) to Interwest Consulting Group, Inc. (“Interwest”) with a total not-to-exceed compensation amount of $3,600,000 for Building and Safety Services, expiring April 30, 2024 (Attachment 1). The contract amount was based on the estimated volume of development projected to occur over the three-year term and allowed for two optional one-year term extensions. Since the start of the Agreement, the City Council has approved the following amendments:
Table 1: Amendments to the Agreement with Interwest
Amendment Date Approved
Revised
Term End
Date
Change Total
Compensation
First
Amendment
(Attachment 2)
January 5, 2023 April 30, 2024
Increased
compensation by
$2,240,000
$5,840,000
Second
Amendment
(Attachment 3)
February 13, 2024 April 30, 2025
Term extended by
one year, Increased
compensation by
$500,000
$6,340,000
Staff recommends the City Council approve the proposed Third Amendment to the Professional Services Agreement with Interwest (“Third Amendment”) Item: 7
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2 3
4 3
2 (Attachment 4).The proposed Amendment would incorporate the following changes:
•Extend the term by one year to April 30, 2026;
•Amend the basis of compensation from a revenue share model to an hourly compensation model;
•Increase the total compensation by $972,445, for a total not-to-exceed amount of $7,312,445;
•Update the rates of hourly compensation in accordance with Consumer Price Index (“CPI”) increase;
•Update consultant key personnel and representatives; and •Update the Delivery of Notices.
Costs for services under the Agreement are paid for through plan check and permit revenues. Applicants pay for the permit, plan check, and inspection fees.
Historically, the City and Interwest have split the revenue from these fees, with the current revenue split under Agreement at 48% and 52%, respectively. This revenue share model was beneficial during high-development activity, allowing Interwest staffing levels to be adjusted continually to meet the pace of construction.
Staff recommends transitioning to an hourly compensation model because permit volume and revenues have stabilized as the new home buildout within the Opportunities Study Area (“OSA”) and Toll Brothers Meadows development is near completion. As the volume of building permits continues to reach a new consistent baseline, the need to quickly increase and decrease building staff from month to month to meet fluctuating permit activity has subsided. From the vendor’s perspective, permit volumes in some months have not generated sufficient revenue to cover costs under the current revenue split. An hourly compensation model would allow the City to connect compensation to hours worked and allow Interwest to continue to provide services while covering its cost of providing these services at the new, stable baseline.
Should the City Council approve the proposed Third Amendment, the term of the agreement would be extended through April 30, 2026. Staff will release a Request for Proposals (“RFP”) for Building and Safety Services in spring of 2025 to provide the new opportunity for consultants to provide proposals for Building and Safety services. In addition, staff will review building permit fees in an upcoming comprehensive fee study to ensure fees reflect the time required for permit, plan check, and inspection services. Staff will also analyze the potential of conducting these services using in-house staffing in the future.
The proposed Third Amendment to the Professional Services Agreement with Interwest was prepared by the Finance Department and was reviewed and approved as to form by the City Attorney. Sufficient funds are available in the Item: 7
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3 3
4 3
2 2023-2025 Operating Budget and would be proposed in the 2025-2027 Operating Budget for the recommended action.
BACKGROUND:
Since its incorporation in 1991, the City has utilized the services of a consulting firm to provide Building and Safety Services to residents and businesses who are building new structures or improving property within the city. Beginning in the early 2000s, the City experienced an increase in building activity with the annexation of the Foothill Ranch and Portola Hills communities and the buildout of the business park/ industrial areas within Pacific Commercentre. Following the closure of the Marine Corps Air Station El Toro, the City Council approved the residential development of vacant land under the former flight path in 2008, dubbed the Opportunities Study Area (“OSA”). This allowed for the development of 5,055 new homes, neighborhood parks, the Lake Forest Sports Park, and the Civic Center. Robust construction of new homes commenced in 2014 and continued at a consistent pace until 2024.
Interwest has provided the City with Building and Safety Services since 2009.
In accordance with the City’s Purchasing Guidelines, the City has issued a new RFP every five years to ensure the provision of professional building and safety services at a competitive rate.
Current Agreement
The current Agreement with Interwest for Building and Safety Services was approved by the City Council on March 25, 2021, after a competitive proposal process consistent with the City’s Purchasing Guidelines. The Agreement included an initial three-year term from May 1, 2021, to April 30, 2024. Since then, the Agreement has been amended twice to add compensation and extend the term under the agreement, as detailed in Table 1.
Table 1: Compensation and Term Extensions –Agreement with Interwest Agreement/
Amendment Date Entered Term Expiration Compensation
Increase
Total
Compensation
Original
Agreement March 25, 2021 April 30, 2024 $3,600,000
First
Amendment January 5, 2023 April 30, 2024 $2,240,000 $5,840,000 Second
Amendment February 13, 2024 April 30, 2025 $500,000 $6,340,000 Item: 7
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4 3
4 3
2 Plan Check and Permit Revenue
The compensation paid to Interwest under the Agreement for Building and Safety Services has been 52% of the fees collected by the City for permit issuance, building plan check fees, and inspection services. The City has retained 48% of the fees collected to cover the costs for City staff who provided review related to plan check review as well as overhead costs associated with the use of City Hall space and utilities. Per the City’s Financial Management and Budgetary Policy section on User Fees, the City may target up to 100% cost recovery through the collection of fees for these services. Through the current revenue share model, the City’s share of revenue is less than the cost recovery target.
The percentage of fees that has been historically split between Interwest and the City was based on several factors, including the volume of revenue that is anticipated, the City’s maximum delivery timeframes, and the number of personnel Interwest must provide to meet those service delivery timeframes.
During the recent phase of higher permit issuance, Interwest continually made staffing adjustments to meet the pace of construction, as outlined in the scope of work.
Today, monthly permit and plan check revenues received by the City have decreased over the past three years and stabilized, as shown in Figures 1 and 2 on the following pages.
Item: 7
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5 3
4 3
2 Figure 1: Monthly Plan Check and Permit Revenue
$320,900
Monthly Average
(FY 22)
$284,380
Monthly Average
(FY 23)
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4 3
2 Figure 2: Annual Revenue
As shown in Figures 1 and 2, plan check and permit revenues have decreased by approximately 48% between FY 2021-2022 and FY 2023-2024. Aside from the new home buildout within the OSA (Portola Center) and the Toll Brothers Meadows neighborhoods, new home construction in Lake Forest is largely complete. The volume of building permits continues to stabilize to a new baseline and the need to quickly increase and decrease building staff from month to month to meet fluctuating permit activity has subsided.
DISCUSSION:
The proposed Third Amendment to the Agreement with Interwest (“Third Amendment”) would effectuate the following changes:
•Extend the term by one year to April 30, 2026;
•Amend the basis of compensation from a revenue share model to an hourly rate model;
•Increase the total compensation by $972,445, for a total not-to-exceed amount of $7,312,445;
•Update the rates of hourly compensation in accordance with CPI increase; •Update consultant key personnel and representatives; and •Update the Delivery of Notices.
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7 3
4 3
2 Term Extension
The current Agreement is set to expire on April 30, 2025. The proposed Third Amendment would extend the Agreement term an additional one year to April 30, 2026.
Amended Basis for Compensation
Under the current Agreement (Exhibit C of Attachment 1), Interwest receives 52% of revenues received for permit issuance (residential and commercial building, plumbing, electrical, mechanical, combination, etc.), plan check fees, and inspections. As the building permit volume and revenue have stabilized, the vendor has experienced months that have not generated sufficient revenue to cover costs under the current revenue split. This scenario is expected to continue in the future. Therefore, the vendor has requested to decrease staffing and either increase the revenue split or change the compensation model in anticipation of a new baseline volume of permit activity associated with a built-out community.
The hourly compensation model allows the City to connect compensation to hours worked. Professional services (such as municipal engineering, law enforcement and legal services) and non-professional services (such as maintenance services) are contracted by the City on an hourly basis. Currently, encroachment permit inspection is contracted on an hourly basis. The exception is the category of contract recreation classes where the City splits class registration fees with the class instructor. Because of the community benefit, contract classes are heavily subsidized by the City.
Using hourly rates as the basis of compensation would connect compensation directly to the number of hours worked rather than the share of revenues generated from services. Moreover, compensation connected to hours worked would allow staff to assess and manage performance measures more easily such as desired timeframes for service delivery. Therefore, staff recommend a shift in compensation structure from a revenue share model to an hourly rate compensation model.
The proposed Third Amendment would effectuate this transition by installing hourly rates set forth in Exhibit C of Attachment 4. The revised hourly rates include a CPI increase of 3.42% over the hourly rates previously included for extra work and overtime. Should the proposed Third Amendment be approved, these changes would be effective beginning May 1, 2025.
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2 Staffing Levels
In addition to a change in compensation structure, the proposed Third Amendment reduces contract staffing levels to better match the demands of current and projected permit volume. The historical and proposed staffing for these positions are detailed in Table 2 along with the average monthly revenue in each fiscal year.
Table 2: Historical and Proposed 2025 Contracted Personnel Certified Classification # of Positions
FY 22
# of Positions
FY 23
# of Positions
2024
Proposed #
of Positions
2025
Building Official 1 1 1 1
Deputy Building Official 1 1 0 0
Lead Permit Technician 1 1 1 1
Senior Building Inspector 1 1 1 1
Permit Technician 2 2 2 1
Building Inspector 2.5 2.5 2 1
TOTAL 8.5 8.5 7 5
Monthly Average Plan
Check and Permit
Revenue
$320,900 $284,380 $167,010 $122,322
(Estimate)
As outlined in Table 2, Interwest would provide staffing at the same staffing level as 2024, minus one Permit Technician (two positions to one) and one Building Inspector (two positions to one). A reduction in a Permit Technician may result in the need to modify counter operations. Currently, the Building Counter hours are the following:
Monday, Tuesday, and Thursday 8 AM–6 PM, Closed 11:45 AM–1 PM Wednesday 8 AM–11:45 AM
Friday 8 AM–5 PM, Closed 11:45 AM–1 PM
Typically, the busiest times at the building counter are from 9:30 AM to 11:30 AM and 1:00 PM to 2:30 PM, with Thursdays being the busiest day. Any changes to operating hours will consider when the Building Counter is busiest to ensure it remains fully operational during these key times. Staff will monitor and request adjustments to staffing levels as needed to ensure sufficient coverage and a consistent level of service. The shift to hourly compensation allows the City to ensure the availability of specified contract building staff. For overflow work, the proposed Agreement identifies hourly rates for overtime work and additional resources such as specialized plan check and structural engineering services.
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2 Compensation
Staff contacted the developers of the various residential communities within the city to anticipate the upcoming volume of construction. In addition, staff factored into account the likely activity in the commercial and industrial sectors, as well as home improvement activity and additions.
Staff calculated a minimum monthly compensation rate of approximately $117,465 starting May 2025 through the end of the proposed contract term (April 30, 2026). This estimate includes hourly rates for the personnel listed in Table 2, overtime for select staff due to the City’s 9/80 schedule, 150 hours of offsite plan check support per month, Building Official after-hour emergency callouts and inspections, and a small contingency of roughly 5%.
Based on the factors outlined above, staff estimates that an additional $972,445 would be required to cover the cost of Building and Safety Services. Under the proposed amendment, the total not-to-exceed compensation would increase from $6,340,000 to $7,312,445.
Additional Minor Revisions
Additional minor revisions to the proposed Third Amendment are outlined below in Table 3.
Table 3: Additional Minor Revisions to Third Amendment
Agreement Article
Reference Agreement Article Title Revision
3.2.4 Substitution of Key Personnel Yasaman Houshyar, Building Official
3.2.6 Consultant’s Representative Shelby Cook, Director of Client Success, West Region
3.3.5 Rate Increases Billing rate increase of 3.42% per December 2024 CPI
3.6.1.4 Delivery of Notices Shelby Cook, Director of Client Success, West Region
Vendor Assessment
Pursuant to the City’s Purchasing and Contracting Guidelines, staff completes a vendor performance assessment during a proposed agreement amendment. The 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. Utilizing the evaluation form, staff rates the consultant in each category as shown in Table 4.
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2 Table 4: Vendor Performance Assessment
Recommendation and Next Steps
Consistent with the Purchasing Guidelines and upon performing a vendor assessment, staff recommends the approval of the Third Amendment to the Agreement with Interwest for Building and Safety Services. Should the proposed Third Amendment be approved, the amended term will expire on April 30, 2026, and the not-to-exceed amount will increase to $7,312,445. The Finance Department prepared the proposed Third Amendment and the City Attorney’s Office reviewed and approved the document as to form (Attachment 4).
The proposed amendment would ensure continuity of services through the end of the term extension, April 30, 2026, and allow staff to procure a new agreement for Building and Safety Services that would be in place by the end of the current agreement. As part of the transition to a Maintenance City, staff continues to evaluate the advantages and disadvantages of contracting versus providing services with City employees. The transition to hourly compensation assists in this assessment. Additionally, in the City’s effort to meet the target cost recovery rates for these services, staff will also conduct a comprehensive fee study following the transition from a revenue share model to an hourly rate model as the basis for compensation. This would allow the City to better analyze and project the cost recovery rate for these services.
FISCAL IMPACT:
The proposed Third Amendment would extend the term an additional year, amend the compensation schedule, and increase compensation by $972,445 to the total not-to-exceed compensation amount under the Agreement to $7,312,445.
Sufficient funds are available in the 2023-2025 Operating Budget and would be proposed in the 2025-2027 Operating Budget for the recommended action.
Interwest Consulting Group, Inc. – Performance Review
May 1, 2021- January 31, 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 Item: 7
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2 ATTACHMENTS:
1. Professional Services Agreement with Interwest Consulting Group, Inc. (March 25, 2021)
2. First Amendment to Agreement with Interwest Consulting Group, Inc. (January 5, 2023)
3. Second Amendment to Agreement with Interwest Consulting Group, Inc. (February 13, 2024)
4. Third Amendment to Agreement with Interwest Consulting Group, Inc.
Initiated By: Arianna Young, Management Analyst
Reviewed By: Amy Stonich, AICP, Assistant Director of Community Development Submitted By: Gayle Ackerman, AICP, Director of Community Development Approved By: Debra Rose, City Manager
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AT TACHMENT 1
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CITY OF LAKE FOREST
PROFESSIONAL CONSUL TANT SERVICES AGREEMENT
1. PARTIES AND DATE,
This Agreement is made and entered into this 2f3 day of Mflt.f<� 20 LJ, 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 C'City") and lnterwest Consulting Group, Inc., a California corporation, with its principal place of business at 1 Jenner, Sui te 160, Irvine CA 92618 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Partyn and collectively as "Parties. 0 2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional building and safety consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced ,in providing professional building and safety consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professiona l building and safety consulting services for the project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional building and safety consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herern 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 telTn of this Agreement shall be from May 1, 2021 to April 30, 2024, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 ResponsibHltles of Consultant.
3.2.1 lnde endent Contractor Control and P ment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the (BB&K 2019)
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means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perfonn similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Sen.rices under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit
1 '8" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals In a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated perfonnance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Ron Beehler, SE, CBO, ICC, Director, Building and Safety Services and Fred Marzara, PE, ICC, Project Manager, Building Official.
3.2.5 City's Representative. The City hereby designates Gayle Ackerman.
Director of Community Development, or her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement (~City1s Representative0).
City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on Citys behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Ron Beehler, (BB&K2019)
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SE, CBO, ICC, Director, Building and Safety Services, or his/her designee, to act as its representative for the perfonnance of this Agreement ("Consultant's Representative").
Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Servfces. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care: Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, pennits, qualifications and approvals of whatever nature that are legaHy required to perfonn the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification pro\l!isions of this Agreement, Consultant shall perfonn, at Its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is detennined 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 perfonn the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re~employed to pertorm any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed cf and in compliance wlth all tocal, state and federal laws, rules and regulations in any manner affecting the peliormance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City,. its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Servioes, the Consultant shall at all times be in compliance with an applicable local, state and federal laws. rules and regulations., and shall exercise all necessary precautions for the safe~ of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where appllcable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, (BB&K2019)
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confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Insurance. Consultant agrees to procure and maintain, at Consultant's expense all insurance specified in Exhibit ~o~ attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to calT)' the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.
3.2. 12 Water Quality Management and Compliance.
3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be enoountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.
3.2.12.2 Comgliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U..S.C. § 1251, et seq.); the Califomia Porter-Cologne Water Quality Control Act (Water Code§ 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
3.2.12.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations Usted in Section 3.2.12.2 of this Agreement, Consultant must comply with all applicable requirements ofthe Orange County Drainage Area Management Plan ("DAMP"), the City of Lake Forest Local Implementation Plan ("UP") and the applicable Water Quality Management Plan ('WQMP"). The DAMP contains requirements related to design and construction of public projects. Consultant must be familiar tihe DAMP .. and the LIP and comply with the requirements as specified therein.
A co,py of the DAMP is available on the internet at:
https:1/media.ocqov.com/qov/pw/watersheds/documents/damp/default.asp A copy of the LIP is available on the internet at:
http://www.lakeforestca.gov/depts/pw/\wter/local implementation plan %28lip%29.asp More information on 1he applicable WQMP is available on the internet at:
http://www.lakeforestca.gov/depts/pw/water/water quality management plan (wgmp).asp (BB&K 2019)
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3.2.12.4 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2.12.5 LiabUity for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.12.2 and 3.2.12.3 of this Agreement is a violation of federal and state law. Notw[thstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the· sole established negligence, willful misoonduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B} Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant's failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for
delay in oompleting the Services caused by Consultant's failure to comply with the la\lVS, regulations and policies described iin Sections 3.2.12.2 and 3.2.12.3 of this Agreement, or any other relevant water quality law, regulation, or policy.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C' attached hereto and incorporated herein by reference. The total compensation shall not exceed THREE MILLION SIX HUNDRED THOUSAND DOLLARS ($3,600,000) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, wm be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The lnvoloe 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 Consu'ltant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
(BB&K2019)
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3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perfom, Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorizati>on from the City.
3.3.5 Rate tncreases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "C~ may be adjusted each year at the time of renewal as set forth in Exhibit "C."
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the perfonnance of other requirements on °public works" and "maintenance" projects. If the Services are being performed as part of an applicable •public works• or 1'maintenance1' project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and hannless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration. If the Services are being performed as part of an applicable "public works" or "maintenance" project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1 , the Consultant and all subconsultants must be registered with the Department of Industrial Relations {"DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consu~tant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall aUow a representative of City during nonnal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shalf allow inspection of all work, data, (BB&K 2019)
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documents, proceedings. and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 Genera.I Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon tennination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. if this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen ( 15) days of the request.
3.6.1.3 Additional Servlces. 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, servlces similar to those terminated.
3.6.1.4 DeUverv of Notices. AH notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
City:
lnteiwest Consulting Group, Inc.
1 Jenner, Suite 160
Irvine, CA 92618
ATTN: Ron Beehler, Director, Building and Safety Svcs.
City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
ATTN: City Clerk
Such notice shall be deemed made when personally deltvered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.2 Ownership of Materials and Confidentiality.
3.6.2.1 Documents & Data: Licensing of lntenectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in (B6&K2019)
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any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (NOocuments & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provfded to Consultant by the City. City shall not be limited in any way tn its use of the Documents & Data at any time, provided that any such use not within the· purposes intended by this Agreement shaU be at City's sole risk.
3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the perfomiance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed ocmfidential. Consultant shall not use City's name or inslgnia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.2.3 Confidential Information. The City shall refrain from releasing Consultant's proprietary information eProprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to reiease Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of ConsuUant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all Uability, loss, cost or expense (induding attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choioe of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2} a final and non-appealable order by a court of competent jurisdiction requires that City release such infom,ation.
3.6.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or oonvenlent to attain the purposes of this Agreement.
3.6.4 Attorney's Fees. If either party commences an actton against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.6.5 Indemnification.
(BB&K 2019)
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To the fullest extent permitted by law, Consultant shall defend (witl1 oounsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performanc-e of the Consultant•s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses. Consultants obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.
If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's perfonnance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obl.igation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law. This Agreement shaH be governed by the laws of the State of California. Venue shall be in Orange County.
3.6 .. 8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 City's Right to Employ other Consultants. City reserves right to employ other consultants in connection with this Project.
3.6.1 O Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer. either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction:References :_Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictJy for or against any Party. Any term referencing time, days or period for perfonnanoe shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise. specified in this Agreement. All references to Clty include its (SB&K2019)
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elected officials, officers,. employees, agents, and volunteers except as othel'Wise specified in this Agreement. The captions of the various artioles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the soope, content, or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, wtiether 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, estoppal, or otherwise.
3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity: Severability. If any portion of this Agreement is deciared invalid, illegal, or otherwise unenforceable by a oourt of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant. to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement. no member, officer or employee of City, during the tenn of his or her service with City, shall have any direct interest in this A(;Jreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.6.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the perfom1ance of the Services.
3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power. right, and authority to make this Agreement and bind each respective Party. (BB&K 2019)
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3.6.21 Counterparts. TMs Agreement may be signed in counterparts, each of which shall constitute an original.
3. 7 Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.7.2 Use of Independent Contractors and Subcontractors. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California tabor Code Section 2750.3 and Dynamex Operations West1 . Inc. v. Su~rior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (1'Subcontractor(s)") unless approved by the City as set forth in Section 3.6.1 of the Agreement.
Consultant represents and warrants that all personnel who perform the Services on Consultant's behalf are Consultant's employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and an applicable Industrial Welfare Commission Wage Orders.
City shall have the right to audit Consultant's compliance with this Section; upon City's request, Consultant shall provide within five (5} business days documents sufficient to demonstrate its compliance with this Section including, but not limited to, W4s, itemized wage statements, employee handbooks. and time cards for any of Consultant personnel who provides the Services.
Any provisions in the Agreement which provide, imply or suggest that Consultant may use Suboontractors to provide the Services are modified to be consistent with this Section. fn the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all applicable provisions oft.he Agreement, including a restriction on the Subcontractor's use of further Independent contractors, subcontractors or subconsultants without the City's prior written consent.
3.7.3 Acknowledgment of Employment Relationship. Consultant shall provide each of its employees who it assigns to provide the Servlces with a copy of the "ACKNOWLEDGMENT OF EMPLOYMENT RELATIONSHIP" attached hereto as Exhibit ~A-1" ("Acknow1edgment"), attached hereto and incorporated herein by reference. Each employee who provides the Services must execute the Acknowledgment before Consultant may permit the employee to provide Services for City. Consultant shall provide a copy of each executed Acknowledgment to City upon City's request.
(BB&K2019)
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INTERWEST CONSUL TING GROUP, INC.
By: ___ ....,__ ___ lli,ll'fla. -;.,,,.,,....,+-.,.. -_ -_ -_ -_ -_ -_ -_ -_ -_ -- By: L-:~~~:;z: :azl)~~ ~-..::::: ---- Terry Ro i e e ident
ATTEST:
By: ~ ~ J._..,,
Lisa Berglund
City Clerk
APPROVED AS TO FORM:
By: /4 ttt; Cl. 1
Best Best & Krieger LLP
City Attorney
(BB&K2019)
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By:
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[If C rporation, ~ O SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
gi I COO I Vice President
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EXHIBIT RAIi
SCOPE OF SERVICES
The consultant shall provide the followlng professional seivices:
GENERAL SERVICES
• Plan checking services for erosion control, building (architectural and structural), electrical, mechanical and plumbing work.
• Issuing permits for building, electrical, mechanical and plumbing work. • Managing/coordinating review of plans (for permits to be issued by the Building and Safety Division) by other Departments/Divisions, including routing of plans for plan checking (as appropriate, on a case-by.case basis), transmitting comments to permit applicants, and maintaining records of plan check comments. • Inspection services for erosion control, buUding, electrical, mechanical and plumbing work, including all work requiring a permit issued by the Building & Safety Division, as wall as walls/fences, signs, parking lot striping, and other improvements shown on approved plans. Inspectors will be required to verify consistency between approved plans and as-built projects as a standard practice with all inspections, and to report any significant deviations to the Director or her/his designee prior to final of permits. • Administration by Building Official including, but not limited to, resolution of complex Building Code issues, Building Code adoption including recommendation of code refinements.
• Assistance to the public at the counter within City Hall and via phone and e-mail regarding City processes and code/permit requirements. Intake of plans for review. • Review of oonceptual plans for development proposals and preparation of plan review memoranda identifying significant code compliance deficiencies that may impact the project design and/or feasibility.
• Ability to use the City's permitting software to track all building and safety services based on City-established plan submittal and review, permit issuance, inspectlon, and record management processes.
• Assistance with the configuration, implementation, and on-going support of the City's permitting software (City currently utilizes EnerGov by Tyler Technologies). • Assistance with the transition of additional or new permitting software to further implement online plan submittal, plan review and permit issuance. • Coordination/cooperation with. and consultant to. Planning. Code Enforcement, Public Works and other City staff regarding building, plumbing, mechanical, electrical codes, permitting requirements, permitlprojecVinspection status, and other related matters.
• Coordination with Planning, Code Enforcement, Public Works and other City staff on all requirements for permit issuance including compliance with. conditions of approval. • Ongoing training for assigned personnel for full compliance with current building code standards, software updates, etc.
• Review and support of digital dig,ital/electronic plan tracking and review and support when such services are available.
• Assign personnel with all materials, resources and training necessary to conduct plan reviews, induding a current copy of the applicable City amendments, policies, procedures and fonns.
(BB&K 2019)
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• Provision of City-approved mobile devices and mobile data plans compatible to the City's permitting and land management system for building inspectors or personnel as-needed.
SPECIALIZED SERVICES
• Hillside Development Review and Inspection
Due to the location of new residential construction in the City's hillside areas, the City anticipates plan check, permitting, and inspection activity relating to hillside grading, mechanically-stabilized earth (MSE) retaining walls, other soil retaining systems, and drainage.
Responsibility for grading plan check, permitting, and inspections for grading and drainage was transferred to the City's Public Works Department in 2012. However, the Building and Safety Division retains responsibility for reviewing soils reports, foundations. and retaining walls.
The Building and Safety consultant is required to have access to licensed professionals, well versed in the field of geotechnical issues, to provide plan checking of retaining walls and review of geotechnical reports, as wen as any special inspections that may be needed. It is expected that these professionals will coordinate with Public Works Department staff on an as-needed basis with regard to geotechnical matters.
• Permitting System Use, Support, Future Online Permitting and Mobile Devices:
The City currently uses EnerGov by Tyler Technologies, a permitting software program.
E.nerGov provides functionality for multiple City departments and divisionsr including the Building and Safety Division, for tracking and managing project reviews, plan check submittals, permit issuance, and inspection activity. New software may be introduced to facilitate a platform for increased online permitting.
The Building and Safety Services consultant will be required to use E.nerGov or any future software system, to track all building and safety serviaes based upon City-established plan submittal and review, permit issuance, inspection, and record management processes. The consultant shall also assist City staff/consultants as requested with Energov permit, inspection, and fee configuration to support Building and Safety opera.tions.
The consultant will be required to fumish its Building Inspectors with City-approved mobile devices with mobile data plans compatible with the City's permitting and land management system, and to pay the annual software licensing and support fees for the mobile portion of the software. The consultant wrn also be responsible for the ongoing maintenance and replacement of the mobile devices if damaged or at "end-of-life." The consultant's mobile device "end-of-life~ shall be aligned to the City's IT equipment and device replacement standards, which most of the City's end-user IT equipment is plaoed and refreshed every 3-4 years after purchase. EnerGov's mobile application (EnerGov IG Inspect app) currently requires tablet devices with Apple iOS, and the Mobile Software Licensing cost is approximately $700-$800 per device per year. • Electronic Plan Checking:
At such time as electronic plan check services are established, plan checkers assigned to the City shall be proficient in the use of the selected software as necessary to accommodate the (BB&K2019)
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public demand for electronic plan checking in accordance with maximum service delivery timeframes stated herein. Applicants for building permits may choose to submit plans electronically. Therefore, the consultant shaU have the capability to accommodate electronic plan checking.
CORE POSITIONS:
The City has identified "Core Positions" that are instrumental to ensure that a responsive and consistent level of professional service is provided to the public and development community.
The personnel serving in the Core Positions are required to work in Lake Forest City Hall during the hours that City Hall is open to the public, provided however that inspection staff will primarily work in the field. Lake Forest City Hall is open Monday through Friday tmm 8:00 a.m. to 6:00 p.m., excluding 10 holidays annually1. The Core Posmons are also required to be avajlable to respond to emergency situations for structural assessments that may be ,required at times when City Hall is closed for business.
The consultant shall include in their proposal the Full-time staffing of the following Core Positions:
Core Position 1: Building Official with Plan Check Capabilities The position is responsible for performing Chief Building Official Services. The Building Official is responsible for overseeing building plan check, inspection, code compliance and permitting, and acts as an official City representative on buildi,ng~related matters.
Duties shall include:
• Serve as the City's Building Official, enforcing construction and construction site stormwater management codes to ensure public and environmental safety and health;
• Oversee and manage required construction site stonnwater quality inspection, reporting and records maintenance;
• Establish and implement building procedures to ensure a high level of customer satisfaction;
• Plan check complex building plans;
• Provide over-the-counter plan check for minor residential remodels and commercial tenant improvements;
• Provide information and assistance to homeowners, businesses and the development community;
• Resolve interpretation issues for compliance with adopted codes; • Manage staffing levels and staff to ensure that all established timeframes are met and ensure quality control review of plan checks and inspections; • Interface with other City departments/divisions in coordinating plan approval and building/storrnwater code related issues;
1 The City reserves the right to change the hours that City Hall is open without amending the contract and with 10-days minimum notice to consultant. (BB&K2019)
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• Ensure use of the City's permitting software by subordinates to track all building and safety services based on City established plan submittal and review, permit issuance, inspection, and record management processes;
• May be required to attend one or more City Council and/or Planning Commission meetings annually, on an as-needed basis, to address Building & Safety related matters.
Qualifications:
• Five or more years increasingly responsible plans examination, building inspections and structural engineering experience, including two or more years in a supervisory or lead role;
• Equivalent to a Bachelor's degree from an accredited college or university, with major course work in engineering, pubUc administration or related field; • Possession of valid ICC certification as a Certified Building Official and ICC certification as a Plans Examiner;
• Experience with residential tract development highly desirable; • Experience with use and configuration of permit tracking software; • Certification as a Qualified SWPPP practitioner or Qualified SWPPP Developer is highly desirable:
• Registered Civil Engineer highly desirable;
• Certification as a California Access Specialist {CASP) highly desirable; • Excellent oral and written communication skills;
• Solution-oriented customer service experience with a wide range of customers, including developers, contractors, homeowners, business owners and City staff.
Core Position 2: Senior Building Inspector
Quties shalUnclude:
• Supervise building inspectors asstgned to Lake Forest and ensure that records are maintained for all building/inspection activities;
• Provide buildingfconstruction site inspections to ensure compllance with the conditions of approval and code requirements set forth on the plans for which the permit was issued, including code compliance with stormwater management requirements for construction sites;
• Resolve Code interpretation issues in the field; Qualifications:
• Three or more years of experience as a Building Inspector; • Certification as a Qualified SWPPP practitioner or Qualified SWPPP Developer with underlying certification is highly desirable;
• ICC Certification as a Building Inspector:
• ICC Certification as a Combination Building Inspector highly desirable; • Experience with residential tract i:nspection;
• Solution-oriented customer service experience with a wide range of customers including developers, contractors, homeowners, business owners and City staff.
Core Position 3: Lead Permit Technicl ,an
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Consultant shall provide a Lead Permit Technician. The services of the Lead Pennit Technician shall be required to meet maximum service timeframes, depending on current and future workload.
Duties shall include:
Provide assistance at the building counter, accept plans, issue pennits, provide information to general public, calculate charges and fees, prepare statistical reports, coordinate with the Orange County Fl"e Authority review process and personnel, maintain records and prepare documents for storage and/or fmaging and maintain NP0ES records for new construction.
Qualifications:
• Two or more years of experience performing required technical building and safety support functions;
• High school diploma;
• ICC Certification as a Permit Technician highly desirable; • Experience with the use of permit tracking software;
• Solution-orie,nted customer service experience with a wide range of customers, including contractors, homeowners, business owners and City staff.
SUPPORT POSITIONS:
In addition to the three Core Positions outlined above, the consultant is required to provide supplemental personnel on an as-needed basis to ensure that the City's Maximum Service Timeframes are met. The consultant shall be responsible for ensuring that all personnel assigned to Lake Forest have sufficient on-going training and continuing education to perform their assigned duties.
Support Position(s): Plans Examiner/Deputy Building Official.
Office space for supplemental plan checking for building plans may be provided at City Hall but may take p'lace at an off ~site location provided by the consultant.
Duties shall include:
• All duties of the Building Official when serving as the Acting Building Official; • Review plans prepared by or on behalf of applicants for compliance with building ordinances of the City and State disabled-access and energy regulations; • Coordination with other City departments/divisions in order that ttie requirements of those departments can be incorporated within such building plans:
• Coordinate reviews by other appropriate agencies having jurisdiction in such matters related to the enforcement of Fire, Sanitation and Health Codes; • When satisfied that all building-related conditions of approval and the appropriate requireme,nts of the City's Building Codes have been met, and upon approval as necessary of other City departments, consultant shall issue pennits as appropriately set forth in such codes.
Qualifications:
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• Registered Civil Engineer highly desirable;
• Three or more years of experience as a Plans Examiner; • ICC Certification as a Plans Examiner;
• Certification as a California Access Specialist (GASP) desirable; • Experience with the use of permitting software;
• Solution-oriented customer service experience with a wide range of customers including architects, engineers, developers, contractors, homeowners, business owners and City staff.
Support Posltlon(s): Stonnwater Compllance Manager
Duties shall include:
• Oversees maintenance of NPDES site inventory and annual reporting; • Responsible to ensure the regular inspection and monitoring of construction sites City- wide for compliance with SWPPP requirements and BMP compliance verification;
• Provides quarterly training to building inspectors assigned to the City; • Serves as liaison to City staff;
(Staffing to be provided as support to consultant's City Hall-based team on an as- needed basis.)
Qualifications:
• Possess and maintain a certification for Qualified SWPPP practitioner or Qualified SWPPP Developer,
Support Position(s): Building lnspector(s)
Building inspectors shall be provided as necessary to meet the City's Maximum Service Delivery Timeframes. Inspectors shall be provided office space within City Hall and shall be available for typically 2 hours per day but as needed to meet with applicants, schedule inspections and return phone calls.
Duties shall include:
• Provide building inspection services and building/construction site inspection during the course of construction to verify and enforce compliance with approved plans, conditions of approval as set forth on the plans corresponding to the issued permit, and applicable provisions of the City's ordinances and Codes, including code compliance with stormwater management requirements for construction sites ..
Qualffications:
• Two or more years of experience as a Building Inspector; • ICC Certification as a Building Inspector;
• Certification as a ,Qualified SWPPP practitioner or Qualified SWPPP Developer with underlying certification highly desirable;
(BB&K2019)
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• ICC Certification as a Combination Building Inspector highly desirable; • Solution-orrented customer service experience with a wide range of customers including architects, engineers, contractors, homeowners and business owners.
Support Posltlon(s): Pennlt Technlclan(s)
On an as needed basis, consultant shall provide PellTlit Technician(s) to assist the consultant's Lead Permit Technician, The services of the Permit Technician(s) shall be as required to meet maximum service timeframes, based on the current and future workload.
Duties shall include:
• Provide assistance at the building counter, accept plans, issue permits, provide information to the general public, calculate charges and fees, prepare statistic.al reports, coordinate with other City staff/Departments/Divisions and Orange County Fire Authority, maintain records and prepare documents for storage and/or imaging and maintain NPDES records for new construciion.
Qualifications:
• Two or more years of experience performing required technical building and safety support functions;
• High school diploma;
• ICC Certification as a Permit Technician highly desirable; • Experience with the use of an permit tracking software; • Solution-oriented customer service experience with a wide range of customers, including architects. engineers, contractors. homeowners, business owners and City staff.
Miscellaneous
The consultant shall be responsible to furnish all field personnel assigned to the City of Lake Forest with uniform shirts and jackets that identify each individual as an employee of the selected consulting firm working under contract to the City of Lake Forest. (BB&K2019)
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EXHIBIT "A-1~•
ACKNOWLEDGMENT OF EMPLOYMENT RELATIONSHIP
lnteiwest Consulting Group, Inc. ("lnterwest") provides cost-efficient staffing services for its public agency clients. One of lnterwest's clients is the City of Lake Forest ("City").
I nterwest and the City are parties to a Professional Consultant Services Agreement ("Agreement"), pursuant to which lnterwest provides a variety of services to the City as called for in the Agreement ("Services").
In connection with lnterwest's performance of the Agreement, It assigns its employees to provide the Services. Because lnteiwest has assigned you as one of its employees who will provide the Services, which may include working out of the City's offices or utiHzing the City's resources, it is important that you understand that you are an lnterwest employee, and not an employee of the City.
By signing below, you acknowledge and agree to the following:
• You are an employee of lnterwest. lnterwest will set your working days and hours, set your assignments (which may be with entities other than City), evaluate your performance, handle disciplinary matters, pay your wages, and provide any required or offered benefits.
• You are not an employee of the City. The City does not set your working days or hours, evaluate your performance, handle disciplinary matters, pay your wages, or provide any benefits of any kind.
• By providing the Services on behalf of lnterwest, neither you or the City intend to create an employment relationship as between you and the City. • The City may provide general instructions to you regarding the results or objectives it wants achieved in connection with the Services. However, only lnterwest may instruct you on the manner or means by which you provide such Services.
• If you believe the City is attempting to control the manner or means by which you provide the Services, or otherwise exercise control over you beyond the setting of objectives, goals or deadlines, you must immediately notify lnterwest.
Signature: _________ _
Print ------------
Date: -------
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EXHIB'.IT "'B"
SCHEDULE OF SERVICES
MAXIMUM SERVICE DELIVERY TIMEFRAMES:
The consultant shall be responsible for managing its personnel levels based on the level of development activity within the City, as necessary to ensure that the following timeframes are met or exceeded at all times:
Service rnmeframe for delivery
Major plan check: 12 weeks (10 working days}
Subsequent plan check-s:-----+1-week {5 working days) •• Mino·r plan checks and single-story
homeowner additions:
Building inspection:
Water Quality Inspections:
3 days if submitted into plan dieck orover t�
counter
The following working day if request is received
before 5 PM
As required by NPbES Pe.rmit ------··-·
WaterOuaTiiy Annual Reporting:-- �s required by NPDES Pem,it Maintenance of NPDES Site Inventory: �s required by NPDES Permit _ ___ ---- Permit assistance at the public counter: !Average within 10 minutes of customer arrival Return of telephone calls and e-mails: Within 24 hours
'�Xonthly statistical acoounting and-··-. -Completed at-th_e_e-nd-. of each month preparation of plans for imaging:
(BB&K2019)
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EXHIBIT "C"
COMPENSATION
Consult.ant 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 three million six hundred thousand dollar ($3,600,000). The not-to-exceed fee shall be equal to 52% of the monthly combined plan review and inspection fees collected by the Building and Safety Division.
This fee includes the as needed services provided by the Stormwater Compliance Manager and Stormwater Compliance Inspector. Any specialized Services that exceed the scope of services will be billed at the hourly rates shown below. No extra services will be billed by Consultant without prior authorization by the City.
Certified Classification H~~rl,l R~t_e!_ -• -- --· Deputy Building Official 125 Building Official 145
Permit Technician 70
ICC Certified Plans Examiner 105 ---Plan Check Engineer 135 ICC Certified BuiidinQ Inspector 70 to 95
CASp Specialist 115
Stormwater Comoliai:i~ -~anager 135 - - 110 Stormwater Compliance Inspector 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. (BB&K 2017)
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EXHIBIT "0"
INSURANCE REQUIREMENTS
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the suboonsultant has secured all insurance required under thls section.
3.2.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be perfonned hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the tern, of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies todo so.
(A) Commercial Ge,neral Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 ,in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions ( 1 ) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability}; or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B} Automobile LiabiHty Insurance: Automobile Liability Insurance vilith 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 witti a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant's profession with limits of not less than $1,000,000. Covered professional servlces shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution,. testing. underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effectlve 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 e~iration of this Agreement.
3.2.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions. or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insi.rance policies:
(BB&K2019)
55136.00200\31918793.1
(A) Commercial General Liability:
Exhibit "D" -1
ATTACHMENT 1
Item: 7
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(1) Additional Insured: The City, its officials. officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability-; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the tenns or purposes of this Agreement. For all policies of Commercial General Liability insuranoe. Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2l 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. (8) Automobile Liability:
(C) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be aHowed for non-payment of premium.
3.2.11.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (8) Contraotual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must "pay on behalf of the insured and include a provision establishing the insurer's duty to defend.
3.2.11.5 Workers• Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the Oty, its officials, officers, employees. agents, and volunteers.
3.2.11.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insuranoe maintained by the City, as officr.als, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.11.7 Waiver of Subrogation. All policies of Commercial General Liabflity and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials. officers, employees, agents. and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to (BB&K2019)
55136.00200\31918793.1
Exhibit "0"·2
ATTACHMENT 1
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waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, ilS officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.11.8 Deductibles and Self •Insured Retentions. Any deductible or self insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they v.iould have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.11.9 Evldence of Insurance. The Consultant, ooncurrentJy 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 tne City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that Insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten {10) days after receipt of written riotice of such cancellation or reduction of coverage, file with the City evidence of insurance showlng that the required insurance has been reinstated or has been provided tnrough another insurance company or companies.
3.2.11.1 O Fa;ture to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City wlli be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.
3.2.11.11 Acceptabflity of Insurers. Each such policy shaill be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance ,In the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.11.12 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledg;es and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.2.11.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage nonnally provided by any insurance.
3.2.11.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing (BB&K2019)
55136.00200\31918793.1
Exhibit "D" -3
ATTACHMENT 1
Item: 7
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subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the suboonsultant's policies. All policies of Commercial General Liability insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with all insurance requirements under thf s Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
(BB&K2019)
55136.00200\31918793.1
Exhibit ·o· -4
ATTACHMENT 1
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AT TACHMENT 2
ATTACHMENT 2
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55136.00200\31919338.1 - 1 -
CITY OF LAKE FOREST
FIRST AMENDMENT TO
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PARTIES AND DATE.
This First Amendment to the Agreement for Professional Consultant Services (“ First Amendment”) is entered into on the day of , ,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, CA 92630 (“City”) and Interwest Consulting Group, Inc., a California corporation, with its principal place of business at 1 Jenner, Suite 160, Irvine, CA 92618 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
RECITALS.
2.1 Agreement. The Parties entered into that certain Agreement for Building and Safety Consulting Services dated March 25, 2021 (“Agreement”).
2.2 First Amendment. The Parties now desire to am end the Agreement in order to increase the total amount of compensation under the Agreement.
TERMS.
3.1 Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed FIVE
MILLION EIGHT HUNDRE D FORTY THOUSAND DOL LARS
($5,840,000) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2 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: 11346FCF-68E7-492D-BBCA-93418A089325 2023
January5th
ATTACHMENT 2
Item: 7
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55136.00200\31919338.1 - 2 -
CITY OF LAKE FOREST INTERWEST CONSULTING GROUP, INC.
By:
Robert Pequeno
Mayor
By:
Chris Giordano
President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By:
Lisa Berglund
City Clerk
By:
David Kniff
Assistant Secretary
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
DocuSign Envelope ID: 11346FCF-68E7-492D-BBCA-93418A089325 ATTACHMENT 2
Item: 7
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55136.00200\31919338.1 Attachment “1”-1
ATTACHMENT “1” TO FIRST AMENDMENT TO
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
EXHIBIT “C”
COMPENSATION
Consultant 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 five million eight hundred forty thousand dollars ($5,840,000). The not-to-exceed fee shall be equal to 52% of the monthly combined plan review and inspection fees collected by the Building and Safety Division. This fee includes the as needed services provided by the Stormwater Compliance Manager and Stormwater Compliance Inspector. Any specialized Services that exceed the scope of services will be billed at the hourly rates shown below. No extra services will be billed by Consultant without prior authorization by the City.
Certified Classification Hourly Rates
*Deputy Building Official 125
*Building Official 145
*Permit Technician 70
*ICC Certified Plans Examiner 105
*Plan Check Engineer 135
*ICC Certified Building Inspector 70 to 95
*CASp Specialist 115
*Stormwater Compliance Manager 135
*Stormwater Compliance Inspector 110
*Overtime will be billed at 1.5 times the regular rate as authorized by the City.
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: 11346FCF-68E7-492D-BBCA-93418A089325 ATTACHMENT 2
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ATTACHMENT
ATTACHMENT
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BUILDING AND SAFETY CONSULTING SERVICES
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
ATTACHMENT
Item: 7
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City of Lake Forest
Second Amendment to Agreement for Professional Consultant Services Building and Safety Consulting Services
I. PARTIES AND DATE. ..............................................................................
II. RECITALS. ..............................................................................................
III. TERMS. ..................................................................................................
IV. SIGNATURES. ........................................................................................
V. EXHIBIT "C" - CO MPENSATION ..............................................................
ATTACHMENT
Item: 7
178
Title: Building and Safety Consulting Services
3 1. PARTIES AND DATE.
This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California 92630 (“City”) and Interwest Consulting Group, Inc., a California Corporation (Inc.) , with its principal place of business at 1 Jenner, Suite 160, Irvine, CA 92618 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”
ATTACHMENT
Item: 7
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Title: Building and Safety Consulting Services
4 2. RECITALS.
2.1. Agreement
The Parties entered into that certain Agreement for Building and Safety Consulting Services dated May 1, 2021 (“Agreement”).
2.2. First Amendment
The Parties entered into that certain First Amendment to the Agreement dated January 5, 2023 ("First Amendment").
2.3. Second 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, update the rates of compensation under the Agreement, update vendor information under this Agreement, and update the Delivery of Notices.
ATTACHMENT
Item: 7
180
Title: Building and Safety Consulting 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 May 1, 2021 to April 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. Compensation.
Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed SIX MILLION THREE HUNDRED THOUSAND FORTY DOLLARS ($6,340,000) without writ ten approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be co mpensated at the rates and manner set forth in this Agreement.
3.3. Delivery of Notices.
Section 3.6.1.4 of the Agreement is hereby amended as follows:
Consultant: Interwest Consulting Group, Inc.
1 Jenner, Suite 160, Irvine, CA 92618
ATTN: Shelby Sieracki, Senior Account Manager
3.4. Rates of Compensation.
Exhibit "C" of the Agreement is hereby amended in its entirety and to include the rates set forth in Attachment 1 to this Amendment.
3.5. Substitution of Key Personnel
Section 3.2.4 of the Agreement is hereby amended as follows:
Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As
ATTACHMENT
Item: 7
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Title: Building and Safety Consulting Services
6 discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows:
Faye Yuan, Building Official and Yasaman Houshyar, Deputy Building Official
3.6. Consultant's Representative
Section 3.2.6 of the Agreement is hereby amended as follows:
Consultant hereby designates Shelby Sieracki, Senior Account Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.7. Remaining Provisions of Agreement.
Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
ATTACHMENT
Item: 7
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Title: Building and Safety Consulting Services
7 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST Interwest Consulting Group, Inc.
By: [AUTHORIZED CITY SIGNATURE]
Mark Tettemer
Mayor
By: [VENDOR SIGNATURE 1]
Paul Meschino
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]
David Kniff
Assistant 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]
ATTACHMENT
ATTACHMENT
Item: 7
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Title: Building and Safety Consulting Services
8 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 SIX MILLION THREE HUNDRED THOUSAND FORTY DOLLARS ($6,340,000). The not-to-exceed fee shall be equal to 52% of the monthly combined plan review and inspection fees collected by the Building and Safety Division. This fee includes the as needed services provided by the Stormwat er Compliance Manager an d Stormwater Compliance Inspector. Any specialized Services that exceed the scope of services will be billed at the hourly rates shown below. No extra services will be billed by Consultant without prior authorization by the City.
Compensation shall be paid per the following schedule and terms.
Certified Classification Hourly Rates
(3.5% CPI Increase)
*Deputy Building Official 129.38
*Building Official 150.08
*Permit Technician 72.45
*ICC Certified Plans Examiner 108.68
*Plan Check Engineer 139.73
*ICC Certified Building Inspector 72.45 - 98.33
*CASp Specialist 119.03
*Stormwater Compliance Manager 139.73
*Stormwater Compliance Inspector 113.85
*Overtime will be billed at 1.5 times the regular rate as authorized by the City when requested and funded by an applicant.
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.
Applicant Refunds
The City and Interwest have developed a process in which applicant refunds are properly accounted for when calculating revenue from permit issuance, plan check fees, and inspection services. Every month, check requests are submitted for applicant refunds. The processed monthly requests are then compiled and broken down to calculate Interwest’s share which includes 52% of the refundable portion of the above-listed fees, which are then reduced from the City’s next invoice.
ATTACHMENT
Item: 7
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ATTACHMENT 4
ATTACHMENT 4
Item: 7
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BUILDING AND SAFETY CONSULTING SERVICES
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
Docusign Envelope ID: E190D13E-27AC-44ED-A582-59321941969F ATTACHMENT 4
Item: 7
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City of Lake Forest
undefined
Building and Safety Consulting Services
I. PARTIES AND DATE. ................................ ................................ ..............
II. RECITALS. ................................ ................................ ..............................
III. TERMS................................. ................................ ................................ ..
IV. SIGNATURES. ................................ ................................ ........................
V. EXHIBIT "C" - COMPENSATION ................................ ..............................
Attachments:
A - REVISED V3 Third Amendment City Council Staff Report (1 Yr Ext and HOURLY) Docusign Envelope ID: E190D13E-27AC-44ED-A582-59321941969F ATTACHMENT 4
Item: 7
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Title: Building and Safety Consulting Services
3 1. PARTIES AND DATE.
This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California 92630 (“City”) and Interwest Consulting Group, Inc., a California Corporation (Inc.) , with its principal place of business at 1 Jenner, Suite 160, Irvine, CA 92618 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.” Docusign Envelope ID: E190D13E-27AC-44ED-A582-59321941969F ATTACHMENT 4
Item: 7
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Title: Building and Safety Consulting Services
4 2. RECITALS.
2.1. Agreement
The Parties entered into that certain Agreement for Professional Building and Safety Consulting Services dated March 25, 2021 (“Agreement”).
2.2. First Amendment
The Parties entered into that certain First Amendment to increase the total amount of compensation under the Agreement dated January 5, 2023 ("First Amendment").
2.3. Second Amendment
The Parties entered into that certain Second Amendment to extend the term of the Agreement, increase the total amount of compensation, update the rates of compensation, update vendor information, and update the Delivery of Notices under the Agreement dated February 13, 2024 ("Second Amendment").
2.4. Third Amendment
The Parties now desire to amend the Agreement in order to extend the term of the Agreement, amend the compensation schedule, increase the total amount of compensation, update vendor information, and update the Delivery of Notices under the Agreement.
Docusign Envelope ID: E190D13E-27AC-44ED-A582-59321941969F ATTACHMENT 4
Item: 7
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Title: Building and Safety Consulting 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 May 1, 2021 to April 30, 2026, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2. Compensation.
Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporate d herein by reference. The total compensation shall not exceed SEVEN MILLION THREE HUNDERED TWELVE THOUSAND FOUR HUNDERED FORTY -FIVE DOLLARS ($7,312,445.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3. Schedule of Compensation.
Exhibit “C” of the Agreement is hereby amended in its entirety in the form of EXHIBIT "C" - COMPENSATION, attached hereto and incorporated herein.
3.4. Delivery of Notices.
Section 3.6.1.4 of the Agreement is hereby amended as follows:
Consultant: Interwest Consulting Group, Inc.
1 Jenner, Suite 160, Irvine, CA 92618
ATTN: Shelby Cook, Director of Client Success, West Region
3.5. Substitution of Key Personnel / Consultant's Representative Section 3.2.4 of the Agreement is hereby amended as follows:
Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other perso nnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the Docusign Envelope ID: E190D13E-27AC-44ED-A582-59321941969F ATTACHMENT 4
Item: 7
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Title: Building and Safety Consulting Services
6 safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Yasaman Houshyar, Building Official Section 3.2.6 of the Agreement is hereby amended as follows:
Consultant hereby designates Shelby Cook, Director of Client Success, West Region, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.6. Remaining Provisions of Agreement.
Except as otherwise specifically set forth in this Third Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
Docusign Envelope ID: E190D13E-27AC-44ED-A582-59321941969F ATTACHMENT 4
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Title: Building and Safety Consulting Services
7 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST Interwest Consulting Group, Inc.
By: [AUTHORIZED CITY SIGNATURE]
Scott Voigts
Mayor
By: [VENDOR SIGNATURE 1]
Chris Giordano
Chief Executive Officer (CEO)
[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]
David Kniff
Assistant 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: E190D13E-27AC-44ED-A582-59321941969F ATTACHMENT 4
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Title: Building and Safety Consulting Services
8 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 SEVEN MILLION THREE HUNDERED TWELVE THOUSAND FOUR HUNDERED FORTY-FIVE DOLLARS ($7,312,445.00). This fee includes the as-needed services provided by the Stormwater Compliance Manager and Stormwater Compliance Inspector. No extra services will be billed by Consultant without prior authorization by the City. Compensation shall be paid on a time and materials basis per the following schedule and terms.
Certified Classification Original Agreement Hourly Rate (Second Amendment)
Hourly Rate (Third Amendment - 3.42% CPI
Increase)
(Effective May 1, 2025)
*Building Official $145 $150.08 $155.21
*Deputy Building Official $125 $129.38 $133.80
*Permit Technician $70 $72.45 $74.93
*ICC Certified Plans Examiner $105 $108.68 $112.40
*Plan Check Engineer $135 $139.73 $144.51
*ICC Certified Building Inspector $70 - $95 $72.45 - $98.33 $74.93 - $101.69 *CASp Specialist $115 $119.03 $123.10
*Stormwater Compliance
Manager $135 $139.73 $144.51
*Stormwater Compliance
Inspector $110 $113.85 $117.74
*Overtime will be billed at 1.5 times the regular rate as authorized by the City when requested and funded by an applicant.
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: E190D13E-27AC-44ED-A582-59321941969F ATTACHMENT 4
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 3/4/2025
DEPARTMENT: Management Services
SUBJECT:
POTENTIAL PICKLEBALL TOURNAMENT
RECOMMENDED ACTION(S):
Exercise discretion in directing staff to produce a pickleball tournament in Fiscal Year 2025-26.
EXECUTIVE SUMMARY:
At its February 18, 2025, City Council meeting, Councilmember Doug Cirbo received consensus to discuss the possibility of producing a public pickleball tournament in Lake Forest (Attachment). Specifically, Councilmember Cirbo mentioned the potential involvement of various homeowners’ associations (“HOA’s”) in the proposed tournament. In preparation of such a discussion, staff contacted the Lake Forest Beach and Tennis Club along with the Sun and Sail Club to inquire about potentially hosting a public pickleball tournament that would include non-club and/or non-HOA members.
In November 2022, staff produced a public pickleball tournament at then-Mayor Cirbo’s request at Portola Park. There were 16 participants within the one round- robin bracket tournament. On an on-going basis, the City hosts several pickleball classes, clinics, and lessons at Portola Park throughout the year as part of the City‘s contract class program. The City owns and maintains five pickleball courts: three at Portola Park and two at Rimgate Park (Rimgate courts share boundary lines with the existing tennis court). In addition, several HOAs own and maintain pickleball courts, such as Serrano Summit, Montbury, Lake Forest Sun and Sail Club, and the Lake Forest Beach and Tennis Club.
The City can produce a pickleball tournament with the assistance of a contract instructor on the pickleball courts owned and maintained by the City (Portola Park courts). Since the City has control over these pickleball courts, the City can reserve courts, establish tournament rules, and ultimately produce the tournament without needing to coordinate court access with HOA’s or other private entities. To expand participation of a public tournament produced on City-owned facilities, staff can produce a doubles tournament (men’s, women’s, and mixed brackets) with the help of a contract instructor. Staff project the total cost of a City-produced public pickleball tournament on City-owned facilities Item: 8
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would be $5,000-7,000. This budget would cover a tournament director (contract instructor), miscellaneous supplies, refreshments, prizes, and giveaways.
Alternatively, the City could coordinate a public pickleball tournament in partnership with entities that own pickleball courts in Lake Forest. Staff have reached out to the Lake Forest Sun and Sail Club and the Lake Forest Beach and Tennis Club, who oversee the largest collection of pickleball courts. To date, the City has not received a commitment from either entity for the public tournament. While partnering with private entities to at least partially host a public pickleball tournament could expand event participation, it would also present logistical hurdles, such as access to private courts via a public tournament. Further dialogue with these private entities would be contingent upon City Council direction.
Inasmuch as the City Council requested that this item be placed on the agenda, any further direction is at its sole discretion.
FISCAL IMPACT:
The fiscal impact of the recommended action is dependent upon City Council action.
ATTACHMENTS:
Minute Excerpt from February 18, 2025, City Council Meeting Initiated By: Laura Hunter, Recreation Manager
Submitted By: Sean McGovern, Deputy City Manager
Approved By: Debra Rose, City Manager
Item: 8
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Attachment
Item: 8
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MINUTE EXCERPT
LAKE FOREST REGULAR CITY COUNCIL MEETING
February 18, 2025
______________________________________________________________________
CITY COUNCIL COMMENTS:
Council Member Cirbo:
Council Member Cirbo provided remarks on his
military service and on public comments made
during council meetings. He reported on the Audit
Committee meeting. He requested that staff
coordinate a pickleball tournament between the
homeowners associations located in Lake
Forest. Mayor Pro Tem Pequeno and Mayor
Voigts provided consensus.
Item: 8
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