San Clemente City Council
June 18, 2024

1). Cover Letter
May 31, 2024

Fatana Temory
Management Analyst
City of San Clemente
910 Calle Negocio, Suite 100
San Clemente, CA 92673
RE: San Clemente Trolley Operations Service Proposal
Dear Ms. Temory:

On behalf of Parking Concepts Inc., dba Transportation Concepts (TC), I would like to thank you for the opportunity to submit our proposal for the operation of the City of San Clemente Trolley Operations Service.

Parking Concepts was incorporated back in 1984 and is the parent company to Transportation Concepts, who has been successfully operating both fixed route and shuttle services to municipalities and private companies for the last 40 years in the Southern California Region. Our corporate headquarters is located at 12 Mauchly, Building I, Irvine, CA, 92618.

The City is seeking a proposal from a qualified, licensed transportation contractor who can provide high-quality transportation services. We hope that through this proposal we clearly demonstrate that we are most qualified and offer a positive customer centered culture driven by our experience, dedication, and commitment, resulting in a detailed and proven approach to operate this very important community transportation service to include:
 An Orange County based transportation company that has been successfully providing similar transportation services in the Southern California region for over 40 years.
 A highly qualified Project Manager leading the day-to-day operation.  Strong Operational Support through our Regional Support Team, led by our Director of Operations.
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 An employee compensation plan that ensures the hiring and retention of professional vehicle operators who will be representing the City of San Clemente Trolley Operations Service. The starting rate of pay will be $27 hour.

 Positive references from supportive clients who have continued to contract with Transportation Concepts for their transportation needs year after year.

Transportation Concepts completely understands the operational undertaking relative to providing this service. We are confident that we have submitted a very sound and competitive proposal. We acknowledge receipt of the release of a response to Q&A, sent via email on May 29, related to the above referenced RFP. We truly look forward to the opportunity to be considered as your selected contractor of choice for the City of San Clemente Trolley Operation Service.

We further attest that our proposal is in accordance with the Request for Proposal and the City’s Standard Professional Services Agreement, with no proposed exceptions.

If further information is needed, please contact me at 949-864-3493, or via e-mail:
[email protected]. I am the contact person during the evaluation period, and have been an executive with the organization for over 20 years. I am authorized to bind Parking Concepts Inc., dba Transportation Concepts to the terms of this proposal.

Sincerely,
Rich Rogers

EVP/COO
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2). Project Understanding and Work Plan
Project Understanding
The City of San Clemente launched the San Clemente
Trolley service back on Memorial weekend of 2017. The
service operated 2 fixed route lines, the blue and red
routes, from Memorial Day weekend through Labor Day
weekend. Later it extended service through the end of
September. The Trolley did not operate in 2020 due to the Covid-19 pandemic. Service was reintroduced in 2021, with pandemic guidelines. In 2021, because of the success of San Clemente’s outdoor dining program and subsequent removal of available parking spaces in the downtown area, the City Council approved extended service to improve access and mobility to the downtown area. This extension was limited to weekends from Labor Day Weekend until New Year’s day on the downtown red line only. The service’s success resulted in incremental extended time periods until December of 2022, when the City authorized a supplemental appropriation from the general fund to continue Weekend service from January through March, and to test a pilot route, known as the Green Line Trolley, for a 3-month period in south San Clemente.

The objectives of the San Clemente Trolley Service include:
♦ Provide residents, employees, and visitors in San Clemente a convenient, safe and enjoyable community transit service within the City
♦ Attract visitors to San Clemente on weekends annually as well as during the summer by serving both the Metrolink Station in North Beach and the Metrolink/Amtrak station at San Clemente Pier
♦ Connect outlets, the rail stations, Avenida Del Mar, and the Pier Bowl area ♦ Ease parking concerns via a “park-once” approach at the Outlets at San Clemente ♦ Improve access to coastal resources that experience parking shortages during the peak season and special events.

The City Trolley program is funded through a Measure V Grant from OCTA. OCTA reimburses the City for 90% of the operational costs within the allotted annual grant amounts. Most recently, because of the continued success of the Trolley service, in May of 2023 the City requested increased funding from OCTA to include the Red, Blue and Green Line Trolley routes. Depending on the funding level on the next round of Project V grants, the City may need to carry more than 10% of the operating costs beginning in FY 2025.

The San Clemente Trolley Service provides free transportation to both residents and visitors, serving many destinations within the “Spanish Village by the Sea” community. Major passenger trip generators include the Outlets for shopping, the Metrolink, the Del Mar Shopping District, as well as the San Clemente pier.

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Work Plan There are many key elements to achieving a successful transit operation. Some of the components that are critical towards success include hiring and training, policies and procedures that guide the workforce, monitoring the overall performance of the operation through KPI’s and skilled assessment, continually striving for excellence, and a laser focus on Safety in everything we do. The following is a breakdown on how Transportation Concepts will achieve success.

Hiring the Right Person
One of the significant keys to success for any organization is to find the right person who can embody all the key characteristics necessary and sought by a customer service driven organization. Transportation Concepts utilizes a thorough, seven-step selection process to identify the right candidate to hire and train as a member of our team. The seven steps include:

Recruitment
We have a solid recruiting plan in place at each operation that involves utilizing external hiring companies to assist in recruitment, as well as getting out into the community to seek those that reside locally. Over the past 2 years, like just about every other transit operator in the State, we experienced significant challenges in hiring new as well as retaining existing employees. This has been exacerbated by the recent increase in the minimum wages for certain industries in California. We have combated this by adjusting wage scales, incorporating a hiring and retention bonus in locations that are seasonal in our effort to retain our drivers. This has had a positive impact on our success who return year after year for the seasonal work.

Ongoing recruitment includes advertising on our website and in the local media as well as going through the word of mouth and promoting a referral bonus for existing employees.

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Employee Selection
Success in any service driven industry starts with hiring the right people. Transportation Concepts has developed a comprehensive and thorough approach to the screening and selection program for our potential team members.

Job Description
When an applicant applies with Transportation Concepts, they complete an application online for employment, they are given a job description that describes in detail all the aspects of the job that the applicant will be expected to perform if they are selected for the position.

Application Review
The review of the application includes statements by the applicant regarding their previous employment history, their previous driving record history, any history of vehicle accidents, and any history of workplace injuries.

Motor Vehicle Record Check
Each applicant is required to submit a current driver record history printout from the Department of Motor Vehicles, which details the applicants’ driving record for the past five years. Only original, current driver record history reports are accepted. Any applicant who is unable to provide this is not given further consideration.

Interview
All the staff responsible for interviews have been trained in specific questions to ask that among other things will identify an individual’s initial skills and more importantly their attitude towards passengers, peers, and the service they have provided.

Reference Checks
The applicants must identify on the application form their three most recent employers. In addition, they must sign an authorization form, which gives permission to their former employer to comment upon their performance as an employee. Additionally, pursuant to 49 CFR Part 40 Drug and Alcohol Testing, the applicant must sign a “Release of Information form”. The employment references and release of information form that each applicant has identified are contacted and questioned about the work performance and prior D&A history of the applicant. All the responses gained through these references are documented to provide organization and structure to the process.

Criminal Background Check
Each Transportation Concepts vehicle operator providing service for the San Clemente Trolley Operations service will have successfully passed a company background check before they were hired. These qualifications must also be maintained throughout employment.
• Must have five years of driving experience.
• May have one break or interruption in holding a valid license of no more than 90 days during the five-year period immediately preceding the submittal of an employment application. The break or interruption cannot be the result of a state 1948
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having suspended or revoked the license and the candidate must still be able to demonstrate that they have a minimum of five years driving experience. • No felony convictions.
• No more than two at-fault or preventable accidents in the last three years. • No more than two convictions of moving violations in the last three years. • When combined, no more than two incidents (preventable accidents or moving violations) during the last three years.
• No record of DUI or DWI within the past 15 years.
• Not subject to outstanding warrants for arrest
Physical and Drug Screening
All Transportation Concepts employees must pass a physical examination and a drug screen prior to being accepted as an employee. The company’s physical examination and drug screening program meets the Department of Transportation (DOT) requirements. The company’s local DOT certified facility is US Healthworks Medical Group who conducts the medical screening and issues a DOT medical card. The company’s drug screening program is conducted locally by US Healthworks which meets all Federal Transit Administration guidelines

Final Selection Criteria
Once the employee completes the seven steps, the following criteria will be reviewed again and must be met before employment is offered:
• Five years minimum driving experience, including a minimum three-year U.S. residence.
• Minimum 21 years of age.
• Possession of all required licenses, including a Commercial Driver’s License Class B driver’s license.
• Can obtain special permits and endorsements.
• Proven abilities in customer service.
• Be able to speak, write and understand English and possess the capability to perform simple mathematic functions.
• Provide proof of U.S. citizenship or legal alien status, must have lived in the United States for three years.
• No negative feedback on ex-employment references.
• Demonstrate compassion and sensitivity for customer service and passenger assistance.

In addition, if it is discovered through a Motor Vehicle Record Check that an existing employee has an infraction and has not notified us it could lead to termination. If the employee has notified us, the infraction could result in re-training or termination depending on the contract and the infraction.

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Employee Handbook
Our Employee Handbook is vital, as it sets the tone for the company’s expectations of its employees. The Handbook
incorporates our philosophy for excellence and ensures that all employees understand that our success is a result of their efforts.

Our Employee Handbook goes through ongoing revisions to stay current with both state and federal laws and is available if requested.

Ongoing Drug and Alcohol Screening
Transportation Concepts is committed to providing consistently safe and dependable transportation service to the passengers of the transit systems that it operates. In compliance with these goals, and with the Federal Transit Administration’s requirements, the company has adopted a Drug-Free Workplace Policy.

The Screening Guarantee:
• To ensure that employees are not impaired in their ability to perform their assigned duties in a safe, productive, and healthy manner.
• To create a workplace environment free from the adverse effects of drug and alcohol use and misuse.
• To prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances
• To encourage employees to seek professional assistance anytime personal problems, including alcohol or drug dependency, adversely affect their ability to perform assigned duties.

Transportation Concepts’ Drug and Alcohol screening policy applies to all safety-sensitive and non-safety-sensitive Transportation Concepts employees, paid part-time employees and contractors when they are on TC property or performing any transit related business for TC.

All safety-sensitive and non-safety-sensitive employees shall be subject to the following testing:
• Pre-Employment
• Random
• Post-Accident
• Return to Duty (after Leave exceeding 90 days)

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Employee Training Programs
Vehicle Operator Training
Training, at Transportation Concepts, is a comprehensive program that encompasses new driver training, orientation to the safety policy of the company, and regular, ongoing in-service training for all existing employees. Using the company’s proprietary Driver Training program, which has been developed using the TAPTCO Transit and Shuttle driver training program, along with additional Transit materials from the Transportation Safety Institute (TSI), APTA, and the National Safety Council.

The key elements in our operating procedures are the concern our professional bus operators demonstrate for the safety and comfort of their passengers, and the drivers’ effective technical performance in operating the equipment, coupled with orientation to the safety policy of our company, and regular, ongoing in-service training for all existing employees. Our training program will be overseen by one of our Certified Trainers. They will ensure that all training requirements, including all company policies and procedures, contractual requirements, and those required by regulatory agencies governing transit in the State of California are conducted.

The following is a breakdown of the Driver Training program:

Driver Classroom Training
We begin our classroom training with 8 hours of
company orientation. This is followed by an
additional 40 hours for employees without previous
transit training. This is an intense technical training program using the TAPTCO Training System,
however it has been enhanced and customized for each
of our operations. If the new hire driver is already an experienced transit driver, we will reduce the
classroom training time down, depending upon the
Trainers assessment of the individual, however a
minimum of 32 hours is required for all experienced vehicle operators that we hire.

Behind the Wheel Training
Behind the Wheel Training also follows the TAPTCO driver training program. We have enhanced the program to include specific elements specific to the Avalon Transit operation.

For inexperienced drivers, we require that they complete the 40-hour program.

Experienced drivers will complete a minimum of 8 hours of BTW. However, depending on the assessment of our trainer, the behind the wheel instruction may continue up through the entire 40-hour program.

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In-Service Training
In-service training is conducted with one of our certified behind the wheel drivers. A new driver without experience will be required to complete 40 hours of operating the bus in service with an experienced evaluator. For those new hire drivers with previous certifications / experience, we require a minimum of 32 hours of in-service training with an experienced BTW evaluator.

The breakdown by mode for Vehicle Operator Training hours for new hires is shown below:

Vehicle Operator
Status
Classroom BTW In-Service Total Hours
No Transit Experience 48 hours 40 hours 40 hours 128 hours Transit Experienced 32 hours 8-40 hours 32 hours 72-104 hours Our Classroom driver training course provides instruction in the following general areas:
 Introduction to Professional Driving
 Federal Regulations
 Hazards Communication
 Creating a Drug & Alcohol-Free Workplace
 Blood-borne Pathogens
 Heat Stress Prevention / Wellness
 Whistleblower
 Introduction to the Bus
 Pre-Trip Inspections
 Air Brake System
 Safety Best Practices
 Mirror Adjustments & Reference Points
 Fatigue Management
 LLLC Defensive Driving / Critical Points
 Prevent Harassment
 Preventing Driving Distractions
 Following Distance
 Intersections
 Railroad Crossings
 Pedestrian Awareness
 Preventing Backing Accidents
 Merging, Lane Changing & Passing
 Special Driving Conditions
 Introduction to ADA & Sensitivity4
 ADA, Lifts, Ramps & Securement
 Professionalism / Customer Service
 Conflict/Aggression Management
 Accident & Emergency Procedures
 NTI – Warning Signs
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 IIPP
 Slip, Trips and Falls
 AVL / Paddles / Manifest
 The Mark DVD
 Active Shooter DVD
 Local Issues / SOP / Policies and Procedures
 Employee Handbook
 Reasonable Accommodations
 Title VI
 Fuel Tank / Filling Procedures
 Lock Out / Tag Out
 Fire Extinguisher / Emergency Evacuation
 OSHA Training
 TSI Transit Training
 Human Trafficking Training
Our Behind the Wheel (BTW) driver training course provides instruction in the following general areas:
 Introduction to the Bus / 10 step
 Skills /Maneuvering Standards
 Daily Driving Standards

In Service training focuses on all elements of operating the bus in “real time” conditions. A qualified BTW Trainer is always onboard while the new employee is operating the bus on the public streets.

As the new operator progresses to on-the-road training with a qualified driver trainer meeting the requirements as
outlined above. This individual will reinforce the basics of defensive driving and the handling of the specific vehicle they will be operating. Time is also spent as a
participant/observer.

As you approach the vehicle, notice
its general condition. Look under
the vehicle for:
 fresh oil
 coolant
 grease
 fuel leaks
Check area around the vehicle for
hazards to vehicle movement such
as:
 people
 other vehicles
 objects
 low hanging wires
limbs, etc.
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Following are some of the components of the in-service
training program:
♦ Basic vehicle handling skills including
starting, stopping, turns, and backing
♦ Proper loading and unloading procedures.
♦ Proper lock-down (equipment) and securing
procedures.
♦ Paperwork requirements, MDT/Tablet
operations, Destination sign operation (if
applicable).
♦ Specific route training.
♦ Providing passengers with courteous and
comfortable transportation.
♦ Proper use of the radios.
♦ Care and maintenance of the vehicle and equipment, accident procedures, dress code.
♦ Special driving skills needed when transporting passengers. ♦ Special driving skills needed when driving in periods of rain and or unseasonable weather.

Throughout the training program the qualified operator trainer continually evaluates the performance and personalities of candidates to recognize the individuals who have the best chance to succeed. Not all people are able to deal with the demands of public transit. Our Training program has been especially useful for screening those individuals not suited for public transit service.

This period may be extended if necessary to meet the
individual needs and demonstrate the skills of the new
driver. During this span of time, the operator trainer
completes a Driver Evaluation Form on the new driver and meets with the new driver and the Project Manager at the end of this training phase to discuss the evaluation. Any deficiencies are noted and must be corrected before the driver is authorized to operate without the senior driver on board.

Transportation Concepts’ training program exceeds the
training standards established by all regulatory agencies.

Our drivers are often trained with endorsements exceeding the minimum requirements, as this allows more flexibility within our firms’ operations.

Operators are also required to maintain a current medical certificate. Transportation Concept’s keeps a database of all company drivers together with the expiration of licenses and endorsements, thereby assuring contract and legal compliance.

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Continual Training Program
Transportation Concepts on-going training program will ensure a safe operating environment and address employee performance, provide refresher training and safety awareness for all employees, and provide training if a driver switches to a different size/type of revenue vehicle. This training includes monthly safety meetings, safety orientation for new employees, and retraining as necessary for employees who have been involved in accidents. In addition, management will conduct a safety and performance evaluation ride check with each driver at least once every 90 days, and one hour refresher training on proper use of wheelchair lifts at least once every twelve months. All preventable accidents result in retraining for the individual to prevent recurrence of the accident. Training is customized for the individual based upon the nature of their infraction.

Advanced Customer Service Training
The Company’s expectations are clearly articulated to all employees constantly. The company’s primary objectives are to provide safe, courteous, professional, and dependable service to every customer.

Knowledge of these objectives is reinforced in training. Safety, attitude, on-time performance, customer relations, effective communication, and appearance are all stressed as being our major focal points. On an ongoing basis, the company reinforces that our role is to serve our customers. Transportation Concepts infiltrates the idea that our goal is to deliver exceptional customer service in all areas of our business. Our customers should experience customer satisfaction upon every interaction with any representative of our organization. As mentioned earlier, our program incorporates the following principles:
• Teaching importance of excellent customer service
• Developing the operator’s professional image
• Establishing positive relationships with customers
Each employee is required to review customer service principles and implement simple methods to ensure that they are projecting a positive image and providing a pleasant experience for those they encounter daily. We continuously strive for customer service excellence and provide tools to our employees so that they can deliver exceptional customer service. Our objectives for the program are described below:
• Understand who your customer is
• Define exceptional customer service for that individual • Identify the benefits of great customer service
• Recognize barriers to the delivery of outstanding customer service • Demonstrate how to measure customer satisfaction and take corrective action • Learn techniques for dealing with angry or upset customers • Develop a personal action plan to improve customer service skills Transportation Concepts’ primary goal is to deliver exceptional customer service. If we are fulfilling all our contractual obligations, we should have extremely satisfied customers that experience a pleasant, safe, and timely ride, as well as expedience and professionalism if 1955
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they call in for a reservation or need system information. Such concepts are a significant part of our day at Transportation Concepts. We emphasize the importance of these objectives and how they can assist in and out of the workplace. Our customer service philosophy will continue to emphasize that this is the responsibility of each employee, and will include the following:

Professional Attitude
Wear specified uniforms that are clean and maintained. Be well groomed and ready to work at designated times and positions. Be calm, energetic, pleasant, and polite. Smile, make eye contact, and be committed to excellence.

Superior Customer Service
Go out of your way to meet customer needs, providing personalized service when appropriate. Work as an effective team member with an enthusiastic attitude. Be able to take direction with minimal supervision.

Effective Communication
Speak clearly and in a friendly tone of voice. Ask questions to clarify customer’s understanding and assist any special needs passengers. Seek bilingual assistance when necessary. Be an active listener and demonstrate attentiveness and sincerity.

Problem Solving
Handle and resolve difficult situations promptly. Be discrete, apologize to the customer or driver, and suggest solutions. Remain calm and notify a supervisor when necessary to keep a situation from escalating. Be a pro-active problem solver and anticipate potential issues.

Operations Staff and Maintenance Staff Training Transportation Concepts has defined our mission to empower our team to deliver superior service to our partners with uncompromising integrity. We understand that our greatest resources in fulfilling this mission are our employees. We believe that we must work through the first-line employees; our operators, staff, and mechanics, to provide the quality of service, safety, and professionalism that our customers expect. Our staff selection process is designed to identify employees who understand our mission and are committed to fulfilling its aims. Development is one of the most important ingredients that TC focuses on. Not just at the time of hire, but continually. 1956
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Managers and Supervisors
To achieve these goals, we must equip our first and
second-level managers with leadership skills that
they can use every day. Therefore, we have
undertaken a training process to help these
managers develop the skills they need. Every
supervisory employee receives “Interaction
Management” training. This training develops the
skills they need to coach, develop, and lead others.

Managers receive ongoing quarterly training in
such areas as:
• The foundation of leadership skills
• Reinforcing effective performance
• Coaching for success
• Improving work habits
• Resolving conflict
• Improving employee performance
• Using effective follow-up
• Maintaining improved
performance
• Sexual Harassment
• California Labor Laws
• Health and Wellness
• Developing and Nurturing a Successful Safety Culture

Employee Incentive Programs Transportation Concepts is committed to improving and maintaining the success of all employees. We are committed to provideemployees many different programs that encourage and reward those who are safe in their work and take an interest in improving their career.  Safety Meetings are held monthly and are a time where all employees can get together and share their experiences to help one another with similar issues faced day to day. Meetings include networking with other transit employees, resourceful presentations, community speakers and health and wellness improvement information. During the meetings, a selection of food is prepared from suggestions by the employees.
 Employee of the Quarter is a program that highlights an outgoing and committed employee who embodies the goals
of safety and service to the community. This employee is selected by management with the input from performance
evaluations, employee survey and customer feedback.

This employee is given a small gift and is recognized
publicly for their achievement.

NEWMEYER DILLION

EMPLOYMENT SEMINAR
Presented by
Jason L. Morris
November 19, 2019

SUMMARY OF WAGE AND HOUR
LAWS
Training for Supervisors and Managers
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 Employee Appreciation Day is held at least twice a year by TC to reward and acknowledge all our employees. During appreciation day, management provides a special lunch to all employees, their families, and friends as well as riders and transit stakeholders. This event allows employees to show off their other life passions such as cooking, music, and art that can be shared with everyone who attends.
 PCI Rockstar Program recognizes
employees who deliver exceptional
performance and outstanding customer
service. This program is one of the ways
we can attract and retain the best
employees by fostering a culture that
celebrates those who go above and
beyond.

The employee incentive program for the San Clemente Trolley Operations Service will be customized and aligned with contract goals and objectives as outlined throughout the contract term. We believe in providing the employees input as to the specific program to be put in place. This gives each employee a sense of ownership, pride, accountability, and increased motivation to perform.
 Additionally, all employees also participate in our safety incentive program described further along in this proposal

Safety Policy and Awareness
The effectiveness of any program is dependent upon the existence of a clear direction. This is particularly true in the areas of safety. Transportation Concepts has adopted a safety policy statement that declares the following:
♦ Safety is the number-one priority of our operations
♦ Safety is everyone’s Responsibility
♦ All accidents/incidents and near misses can be prevented ♦ All unsafe acts and conditions must be eliminated by everyone at work and at home
♦ Safety is not simply another rule to follow, but a significant guiding principle.

Target Zero As an organization, we are continually doing all we can to enhance safety awareness amongst our operating locations and strive for continued nurturing of our safety culture. Beginning in 2017 we implemented a theme for our safety program, calling it Target Zero.

It is our goal to have zero accidents, incidents and near misses. This vision starts at the top and is driven down to every employee within the organization.
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Since the implementation of Target Zero in 2017, our company has recognized the following reductions in key metrics of our prevention plan:
• 78% reduction in total injuries
• 89% reduction in litigated claims
• 81% reduction in direct cost associated with claims
What made PCI so incredibly successful is a result of these key factors:
 Leadership Commitment to the risk reduction plan and their direct participation.

Belief in the plan that specifically targeted the corporate identified risks  Focus on stellar and methodical execution of the strategic risk reduction plans.

This is a critical component in any plan. Without focus, even the best plans fail  Innovative communications and technology were utilized. With a network of sites across the country and continued direct communication with employees, we increased employee confidence and trust. The communication model is one of the key components of an early and sustainable risk reduction model.

Recent Safety Accolades Over this last year, our company has achieved the following accolades by some of the most well-known National and International Safety organizations :

Finalist for the Green Cross for Safety Award of Excellence This award recognizes a corporation, coalition or
organization that was relentless in its pursuit of
safety. Our company was recognized as one of three
Companies who made it as Finalists in the United
States
Nominees in Safety Excellence must have:
• Identified an obstacle to eliminating
preventable deaths or injuries
• Developed a solution to the problem
identified
• Implemented the solution with
significant measurable results
• Evaluated the solution and planned next
steps
• Recognized its value to the safety community and planned steps to share with others
Delegate Presenter at the XXII World Congress on
Safety and Health at Work 2021
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Held every three years since 1955, the World Congress on Safety and Health at Work is a unique international Forum that brings together approximately 3,000 safety and health experts, decision makers from the field of social security and the public sector as well as employers' and workers' representatives from around the world to exchange ideas, research and best practices on highly topical issues in the area of occupational safety and health.

Delegate Presenter at the 33rd International Congress on Occupational Health 2022
With the theme ‘Sharing Solutions in
Occupational Health: Locally,
Regionally, Globally,’ ICOH brought
together occupational health
researchers, practitioners, and policy makers from around the world to share their collective knowledge about improving worker health and safety at the largest occupational health congress in the world.

Safety Wellness Program
In each of our operating locations, the local teams have embodied our safety principle and strive to involve all our employees in the building of this foundation. Some of our elements of the local safety wellness programs include:
 Safety Messages broadcast via dispatch, on driver paperwork, or through our media program which is continually streaming in the driver’s room on a flat screen TV
 Tailgate sessions with small groups of employees to talk about safety in the workplace
 Immediate communication of information regarding any location accident/ incident or near miss to all employees. Not only do we provide the information, but we also ask for their input on solutions to reduce or eliminate reoccurrence
 Facility Safety Inspections at each facility every month  Program to recognize and reward employees who bring solutions to management regarding potential safety hazards
 Employee wellness program that focuses on eating healthy and an exercise program
 Annual wellness contests that involve location teams that compete throughout the company. Focus is on eating right and exercise. Rewards are given out to the top three placing teams
 Mandatory Incident Calls with Corporate held weekly if needed to discuss any accident/incident/near miss that may have occurred the previous week.

These are held each Thursday, and we celebrate when we have zero incidents each week by proclaiming that day “No Call Thursday.”
 Mandatory weekly safety meeting call for all managers / supervisors 1960
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 Safe Work Habit Observations each week at every location  Mandatory monthly safety meetings for all employees
 Safety messages on pay stubs and through our payroll
system
 Mandatory monthly ride checks by the management
team, including our Project Supervisor and Project
Manager
 Quality assurance maintenance checks/Audits by Regional Maintenance Manager
 Formation of an active Safety Advisory Committee / development of an annual safety plan at each operation
 Comprehensive OSHA Facility Audits every quarter
Safety Monitoring
As a promoter of awareness, Transportation Concepts utilizes a thorough system of monitoring to review/record and guarantee the effectiveness of the Safety Program. Drivers’ motor vehicle records will be monitored through the State of California’s program, in which an updated MVR report is generated every twelve months, in addition, on-street observations are performed as well as paperwork reviewed. Observations are documented and serve to provide valuable feedback to the employees regarding their performance.

Safety performance is also monitored in the investigation, review, determination of Root Cause, and subsequent retraining of each accident/incident or near miss. The result of the investigation is not only to decide on preventability, but more importantly it is designed to implement retraining and communication across the board to do all that is possible to prevent a reoccurrence. Although typical the definition of a preventable accident as one in which the operator failed to do everything possible to prevent the accident, Transportation Concepts strives to take that further by applying that same definition to potential incidents or near misses as well. If an accident is deemed preventable, retraining is scheduled.

The combination of the implementation of a thorough safety policy, a recruiting and screening process that focuses on safety, a comprehensive training program, and monitoring system to record and identify performance, results in a genuinely safety-oriented company. The safety of the services provided by Transportation Concepts is an acknowledgment of the success of the overall program.

Safety Incentive Program
Our company has in place an incentive program that promotes safety and rewards exemplary safety performance. Everyone responds to a benefit. Most of what we do is with the understanding that there will be a benefit to our actions. Regarding vehicle accidents or a worker’s compensation injury, a safety program establishes an incentive to be safe. It encourages each employee to do things the right way, which is the premise of our “Safety Culture.” A table reflective of our safety incentive program is included below:
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Achievement Criteria Reward
Employee of the Quarter
Awarded to one driver at
location
This achievement is based on
three months of
performance.

If all other criteria are met,
manager must select winner
based on who most clearly
exemplifies TC’s safety
philosophy for that period.

No
accidents/incidents,
Perfect attendance
In proper uniform
No injuries
No valid complaints
No conduct violations
Select promotional items to
be presented by Manager at
monthly safety meeting
$50 gift card presented
One Year Safe Driving
Award
Awarded to each driver at
that meets criteria
This achievement is based on
one year of performance.

No Preventable
accidents/injuries $100 gift card presented
One year Safety pin
Five Year Safe Driving
Award
Awarded to each driver that
meets criteria over 5-year
period

No Preventable
accidents/injuries $500 gift card presented
Five-year Safety pin
Safety Jacket
Transportation Concepts Contractor Succession Plan
Work Plan
Transportation Concepts (TC) clearly understands the nuances that are required for any community transit system to be a success and understands the City of San Clemente’s requirements and standards for service quality and safety. Transportation Concepts’ priority is starting the new contract effectively. The TC team is fortunate to have many years of experience operating community-based seasonal transit services, which ensures stability during the change of contractors. Service sometimes suffers during a contractor change due to the learning curve associated with the unknown Agency and operational culture, the routes, scheduling, equipment, and required training and required activity relative to employee transition.

The implementation of the service builds the foundation from which to grow and continuously improve the operation. Although we already have the operational knowledge in place to ensure service operates smoothly during the transition phase’ we will be working in partnership with the City every step of the way in communicating our progress and completing milestones, such as setting up the technology to greatly enhance the end user and create an exciting improvement to the concept of serving the community.

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New Contract Implementation Plan
Transportation Concepts (TC) realizes that the implementation of a new service provider is critical to the continued success of the San Clemente Trolley Operations Service. We take this very seriously.

This is a tremendous responsibility and our approach to a new contract will be one of dedication to service and commitment to exceeding expectations.

All employees will be involved and communicated with in a systematic approach. Dispatch and facility procedures will be put in place. Our goal is to hire as many of the existing drivers to ensure continuity of service, and that each employee participates in advanced customer service training to sharpen their skills and set the tone for our expectations for every team member on this new contract.

TC operates several contracts that involved an initial transition from public to private operator, from competitor to TC, or new service altogether. In addition, the nature of this business requires the need to transition from day to day on many levels day to include: the addition of service, route revisions, new employees, implementation of new policies, new technology, or new contractual obligations, even traffic or weather conditions can facilitate the need for making a transition. TC believes the most important element of effectively carrying out a designated “transition” is open, clear, and consistent communication. If all the people involved in implementing a transition along with all the people who will be affected by the transition are informed and prepared to make the transition, we are guaranteed success.

This is where the strength of the TC team, under the leadership of Brett Baum and Christopher Lamp really will make the difference. Our team has a comprehensive understanding of community-based shuttle services and the nuances that surround them relative to equipment, route timing, and most important, the communities we serve. Our team is clearly the most qualified and best suited to ensure that service is uninterrupted due to a new contract. Passengers will be happy and in turn the San Clemente Community, City staff and City officials will be most satisfied.

The new contract begins July 1, 2024 as stated in the RFP. As soon as the City Council approves the contract award in early June, we will immediately begin the implementation process and timeline. Our goal would be to have all drivers hired and to begin the customer service training within 2 weeks of that City Council meeting.

Workforce
Our workforce is in place so very little transition time or resources will be required relative to workforce. However, the workforce will be instrumental relative to the technology implementation. All information will be communicated to employees relative to expectations and overall strategic plan for service transition to include key dates and activities.
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Administrative Duties
All administrative functions will be put in place and handled locally under the direction of our Project Manager and Operations Supervisor.

Addressing Operational Issues
Transportation Concepts is successful due to the incredible strength of our local management team coupled with the ability to be flexible with a “CAN DO” attitude in effectively managing the day-to-day operations. As stated, all operational functions will be in place for this contract. We are familiar with the service characteristics and associated operational requirements of similar shuttle operations as well as the reporting requirements of OCTA.

Partnership with the City of San Clemente
A primary ingredient in the overall success of our service culture has been the strong partnership that has been forged between TC and each of our clients. We have collectively built an open and honest level of communication
while working together as a team. We believe this is a
key reason we have been successful in consistently
retaining transportation contracts for many years and
it is our commitment to forge that type with
relationship with the City of San Clemente Staff to
ensure that we focus on the future to strive towards our collective desire to meet and exceed the community
expectations of the San Clemente Trolley Operations
Service.

Dispatch & Supervision Operation To operate this service effectively, Transportation Concepts’ will provide Dispatch coverage during all
hours of operations. The Operations Supervisor and
Project Manager will provide back-up as necessary.

Our approach to effective supervision focuses on safe
and effective operations primarily considering
headways, quality assurance, and a 20 -minute
response time goal (relative to on-street response).

Expectations- The focus of our Dispatch operation is to consistently ensure the highest level of quality service delivery. The responsibilities of this position are critical in the overall service provision. It is fundamental to ensure that dispatch has a clear understanding of associated duties. Whenever someone contacts our dispatch staff, the highest level of customer service will be given, regardless of the demeanor of that passenger call.

Additionally, our dispatchers will be cross trained to understand all aspects of the San Clemente Trolley Operations Service. Being cross trained on all routes/service provides our dispatchers with an exceptional understanding of the service and ability to better schedule, 1964
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knowing how long it takes to load wheelchair passengers, assist the elderly, and scheduling the proper time for drivers to ensure excellent on-time performance.

The person on duty in Dispatch is responsible for coordination and communications with vehicle operators in addition to answering the customer information line. The purpose of dispatch is to communicate daily bus assignments, late pull-outs, detours, and other issues that could potentially affect service. In addition, this person is responsible for monitoring and verifying all the driver information that is input for the generation of monthly reports.

For this reason, it is critical that this individual understands the service, the service area, have knowledge and ability relative to the technology associated with the system, and understand what is logical when reviewing a report. Each employee should have a keen awareness and understanding of the operation and all associated requirements.

The Dispatcher is also responsible for making sure all work is assigned timely, in accordance with the rules and procedures governing the assignment of work and overtime.

This individual ensures Operators are in proper uniform, are fit for service, and are prepared to carry out their assignment. Part of this function includes working to ensure that pre- and post-trip inspections are thoroughly performed and that only vehicles in a proper state of readiness are released into service. Dispatchers may also coordinate with the City maintenance shop for preventive/unscheduled maintenance and follow up to ensure that maintenance issues are addressed.

Real-Time Passenger Information System
The system will provide customers with accurate information on the Trolley routes along with arrival time prediction. The real-time information suite will integrate with Transit App, Google Maps and Apple Maps for the end user. This will not only reduce the “where is the bus” calls received by the dispatcher; it will better allow the passenger to plan their time more efficiently.

GPS Units
We will install GPS units in the revenue vehicles. This will allow our team to better manage the overall system, thus improving customer service as well as enhance emergency response management.

Scheduling Driver Shifts
The Operation Manager develops and posts the driver schedule a minimum of one week in advance. If someone is scheduled to take a vacation, that is considered when the schedule is created. If there is a problem with the schedule, the driver will address it with TC management well enough in advance to ensure we have full coverage for that following week.

If an employee calls off for a day that they are scheduled to work, the Dispatcher or a staff member will immediately contact another driver who may be coming in for a later shift, or request someone stay over until they can get someone else to fill that open shift. 1965
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The goal is to ensure that the operation has a full complement of drivers so that none of the Staff are ever sent out to drive unless it is an emergency.

Daily Vehicle Inspections
Transportation Concepts requires all operators to complete a thorough pre-trip inspection prior to placing the vehicle into service, as well as a post-trip inspection at the end of each day.

The inspections are performed and documented by the vehicle operator on a Daily Bus Report (DBR). If any defects are noted, a written record for use by the City Maintenance Department is created. For defects needing immediate repair, the dispatcher or on-duty supervisor will contact the maintenance department to coordinate the repair so the vehicle can be released for service on time, or they will assign a different vehicle for service. These pre-trip and post-trip inspections are important to help ensure that service continues with the highest level of operating safety and to minimize service delays by identifying mechanical problems prior to the vehicle pulling into service.

Daily Supervision
The Operations Supervisor and/or Project Manager, as well as the Real Time system will monitor the daily activities of the Trolley operations. The responsibilities of the staff will include but not be limited to:
• Knowledge of routes
• Communicating instructions
• Reviewing driver activity reports, informing management of customer/driver issues • Interacting with drivers and passengers, responding to passenger concerns, • Counseling and Training personnel
• Monitoring service intervals
• Can drive system vehicle if necessary
Service Monitoring
Daily service monitoring is an important ingredient that Transportation Concepts emphasizes with its staff to
ensure maximizing the performance toward the system
goal of 100 percent on time performance. Specifically,
service roll out, shift change, the layover area, peak
traffic flow patterns, road observation and ride-checks are all focal points that our team is responsible for daily.

The focus of our Supervisory function is to ensure
quality service delivery. The Supervisor will provide
direct oversight of on-the-road operations. This individual will conduct road observations and unobserved checks and serve as a passenger ambassador when needed. Road observations are unscheduled checks designed to monitor on-time performance, vehicle cleanliness, and safe and courteous driving. Unobserved checks are observations of pick-up points performed on a random basis. The data from these random checks can lead to enhanced evaluation of service productivity and performance. 1966
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Either the Operations Supervisor and/or Project Manager will be responsible for responding to passenger incidents, traffic accidents and road calls, as well as providing rerouting recommendations, as necessary.

Passenger feedback is also utilized as a tool to monitor on-time performance. Although Dispatch will be monitoring the route buses in a real-time setting utilizing our proposed computer assist software, operators will still be required to report to dispatch if they are running behind schedule. If a passenger does call in and files a complaint, we can usually determine if that vehicle was not on-time and provide immediate resolution to the customer as well as to follow up to ensure the driver is counseled, the information is noted, and is included in the data utilized for daily, weekly, and monthly reporting.

We believe the Supervisory plan should be continuously revisited based on community events and the external environment. Road supervision will be evaluated and adjusted by the Project Manager, along with staff input.

Customer Comments and Resolution Approach The Customer Service process includes the acceptance and identification of customer comments, investigations and response, tracking, and follow-up observations of all our transportation operations.

Pro-active Customer Response Action Plan
All customer service feedback is responded to
promptly and courteously. Customer comments are
received from the following sources: telephone,
written, personal contact and surveys. The objective
of the customer contact program is to be responsive
to the needs of the public and to satisfactorily
resolve each individual complaint based on its
merits, and to do so quickly.

Response to Complaints within 24 hours
Whenever possible, telephone complaints will be
managed at the time they are received; however, when this is not possible, an investigation will be initiated into the established procedures and how our employee implemented these procedures. The opinion of the passenger will be considered carefully in resolving problems or disputes.

Acceptance of Customer Comments
TC will have overall responsibility in conjunction with City staff to follow up on all customer comments. Consequently, we propose to work closely with all our drivers to ensure compliance within the guidelines developed collectively with the City of San Clemente.

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Identification Process
Utilizing the information on the Customer Comment Form, TC personnel will identify the employee on the subject trip. After confirming positive identification of the employee, TC personnel review the Incident Log to determine if any Bus Driver reported any problems as well as use the GMV System to trace the history of on-time performance, if that is the issue.

In the event the information collected is inconsistent with the information on the complaint (incorrect employee description, etc.); our personnel will investigate other possibilities. These possibilities may include the review of earlier and later trips and other information that may help identify the correct incident/employee. If the identity is indeterminable, the Operations Manager will attempt to contact the customer to verify the information on the form.

Customer Comment Response Plan
TC draws upon its combined years of experience in developing effective customer service programs inclusive of our current location. The customer is the most important person in our business and the very reason we are in business. When they provide input we listen, whether their input is a suggestion, complaint, or commendation. We take their input seriously and use this information to improve the service we provide.

To maximize customer satisfaction, we incorporate the following “customer rights”:
• The customer receives prompt, friendly, courteous service, and accurate information. • The customer receives a smile and thank you.
• The customer is treated with respect and dignity, care, and compassion. • The customer will be kept informed during service delays and overseen with extra care • The customer will receive prompt answers to his/her questions.

We achieve this goal by promptly following up on any customer feedback. Suggestions, as well as complaints, are extremely useful in upgrading our quality of service. All comments are responded to promptly and courteously.

Reporting to the City of San Clemente
All complaints, regardless of whether they are deemed valid or invalid will be reported to the City as a part of the weekly/monthly reporting. If a complaint is of a serious nature, the assigned City Staff member will be immediately advised as soon as it is received with TC conducting a follow-up once the investigation and proposed resolution has been collectively determined.

Ongoing Review/Evaluation of Employee Performance
If it is found that the complaint was valid, disciplinary action is taken and placed in the employee file. The Operations Manager maintains a file for each employee. This file includes a copy of any previous customer comments involving the employee. The file also 1968
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includes any follow up with the respective employee including disciplinary actions received regarding customer service issues. In addition to the customer comment file, the Operations Manager reviews the employee history. The employee history includes "coaching" (positive and/or negative), disciplinary actions and other performance indicators of the employee.

Depending on the nature of the comment, the Operations Manager may also review, with the company, personnel files, and training records during company audits.

Accounting and Reporting Systems The Dispatcher must utilize several tools to be effective and for accountability purposes.

Some of the tools used are described below:

Daily Dispatch Log
This sheet is used to record ALL activities that pertain to the day-to-day activities in dispatch. It is used for tracking and recording of ALL activities and incidents for the purpose of follow up and checks and balances.

Daily Service Report
This report recaps the amount of service time lost on a particular route and the reason for it. It also shows if and what supervisors had to drive. Time loss needs to be put down in hours and minutes format

We will provide reports that comply with the City of San Clemente/ OCTA / NTD reporting requirements. All reporting documents will continue to be produced accurately and in a timely manner monthly as required. TC utilizes a basic “check and balance” system to ensure validity of all reporting. The raw data is collected because of employees in the field. Each report submitted must concur with the coinciding “actual operating data.” Daily and Monthly Operations Reporting
Transportation Concepts’ Vehicle Operators will record their daily operations on a daily Driver Trip Sheet. These Trip Sheets will be gathered by the Operations Supervisor and in turn provided to the Dispatcher. The Dispatcher will perform a review of the Trip Sheet when it is turned in to ensure that all the primary information is recorded. Subsequently, the information from the Trip Sheets will be entered into an Excel spreadsheet by the staff.

All the information from the Trip Sheets will be entered into the spreadsheet within three days of service and will be available for City review within five days of service.

At the end of each month, Transportation Concepts will also prepare a Monthly Operating Report that will include information on all the Operating Data as required or desired by the City of San Clemente. This report, along with the monthly invoice /backup will be submitted to the City Staff Contract administrator within 10 business days following the end of the month.

National Transit Data Base Reporting (NTD)
As a contracted operator of public transit services TC reports operating statistics to clients and agencies who report directly to NTD. The following is a sample of the procedures and reporting areas that are typically reported by TC. With each specific operation the reporting parameters and data may be different.
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Proposal for the San Clemente Trolley Operations Service

NTD Sampling Plan as directed by the City of San Clemente / OCTA  Method selected by the City/Funding Agency
 As defined by NTD Sampling Plan Manual
 Separate sampling statistics and reporting
 Cross checking of data for Quality Assurance
Transportation Concepts will comply with and provide the City of San Clemente with all required NTD reporting documents and information. To ensure that this important function is completed accurately, Transportation Concepts continually sends representatives to training sessions presented by the FTA on the NTD reporting systems.

These programs are presented periodically by the FTA and provide both a valuable training session on the completion of the reports, as well as providing the opportunity to create direct contact with an FTA representative. Transportation Concepts is well versed in the requirements of NTD reporting and can be counted upon by the agency to address this key area in an accurate and timely manner.

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3). Project Organization, Key Personnel and Staffing
Local TC Management Team Transportation Concepts offers a management approach that will be specific to the needs of the City of San Clemente Trolley Operations service. Although it is extremely important to have reliable corporate support, the service is truly only as strong as the local team.

Christopher Lamp, Project Manager
We are pleased to propose Christopher Lamp as the Project Manager for the City of San Clemente Trolley Operations Service. Mr. Lamp has over 16 years of experience in the public transit industry, with the past 4 of those years serving as TC’s Project Manager for the Avalon Transit contract we previously operated on behalf of the City of Avalon. In addition, Christopher has 5 previous years of experience working as a contract services supervisor with Los Angeles METRO. This has enhanced his ability to understand both sides of the client/contractor relationship and has served him well in exceeding the expectations of our clients as well as the community. He is committed to use that experience as a foundation to work in partnership with the City of San Clemente to ensure our team exceeds all performance expectations. Christopher would be responsible for working with our drivers and supervisor to magnify the City of San Clemente’s Trolley Operation service image He will verify that all reports are produced to ensure contractual compliance, he will perform daily monitoring of service performance against set goals and targets to ensure expectations are continually achieved and will provide the ongoing support to all team members assigned to the Trolley operation.

Darin Sanders, Operations Supervisor
Darin is proposed as our Operations Supervisor for the City of San Clemente Trolley Operations Service. Darin has been part of the TC team since 2021 and has 8 years in the transit industry. Darin will be responsible for the dayto-day operations, including daily oversight of our vehicle operators and coordination of vehicle maintenance services with the City of San Clemente.

Brett Baum, Director of Operations
Mr. Baum will play a critical role as the Director of Operations and liaison with the City of San Clemente. Brett has over 20 years of public transit management experience with Transportation Concepts. He has proven himself to be an excellent team builder who has a supportive approach and cooperative management style designed to build excellent client, employee, and passenger relations. His managerial approach has served to provide the catalyst towards the provision of excellent customer service.

Brett will be instrumental in supporting the San Clemente team and coordinating with City staff and officials in implementing any further changes throughout the term of the contract.

Brett’s focus will be to work with Christropher, Darin, and the City of San Clemente to verify that we are exceeding all contractual expectations. He will perform an ongoing analysis of key performance indicators and institute action plans if needed and will provide 1971
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Proposal for the San Clemente Trolley Operations Service

the ongoing daily leadership support to help maintain an enviable workplace and smooth operation.

Staffing Organizational Chart

City of
San Clemente
Project Manager
Christopher Lamp
Operations Supervisor
Darin Sanders
Dispatcher
Drivers
Regional Support
Brett Baum
Director of Operations
Regional Maintenace
Manager
Jonathan Norman
Regional Safety
Training Manager
Lee Sterling
Corporate Support
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Proposal for the San Clemente Trolley Operations Service

Regional Support for the City of San Clemente Trolley Operations Service Since TC’s business plan has been focused on smaller transit contracts, we have developed a strong regional management team to support each of our managers.

Jonathan Norman, Regional Maintenance Manager – Jonathan has over 14 years of maintenance experience and will provide technical maintenance support to the City of San Clemente Operation if needed. Jonathan has firsthand experience with similar fleets and clearly understands California regulations relative to maintaining the CHP terminal inspections. Jonathan is currently in the process of becoming an ASE Master Technician. He is well versed in diagnostics relative to preventive maintenance and vehicle repair. He has direct experience scheduling maintenance in both a manual and automated environment. In addition, he has a proven history of shop management, employee scheduling, inventory control, and warranty procedures.

City of San Clemente Job Description Summaries
Job Title Primary Responsibilities and Functions
Project Manager
 Primary day to day liaison with the City of San Clemente  Overall responsibility for the daily services, including safety, system performance, and customer satisfaction.
 Ensures the system is properly staffed given requirements and goals.  Monitors service performance against set goals/targets.  Prepares daily, weekly, monthly reports
Operations Supervisor
 Provides day to day oversight of operations
 Assists in the recruitment and hiring of vehicle operators  Ensures that driver schedule is posted and communicated. Tracks attendance and pull out to insure 100 percent on time performance.
 Investigates accidents, incidents and near misses and retrains as needed  Coordinates safety and training for all staff, including Operators and staff; ensures that refresher training and additional course work are provided as required.  Supervises dispatch and customer service efforts to ensure the highest satisfaction levels
 Assists in the daily road supervision of drivers
Director of Operations
 Provides tactical and strategic planning to support Project Manager and City of San Clemente
 Ensures adherence to all governmental regulations, and compliance with the Contractual /TC – established standards and procedures.  Reviews daily, weekly, monthly reports
 Oversight of Project KPI’s to ensure all contractual goals are met  Strives to evaluate methods to continually improve operation and provides support resources to accomplish

Dispatcher

 Ensures that the Trolley services are provided in a safe, dependable, and timely manner
 Oversees the day-to-day operations, including all personnel  Ensures that all customer service issues are responded to, resolved, and reported in a timely manner
 Collects, Compiles, and distributes operational data
 Serves as receptionist to phone inquires

Drivers  Safely transport passengers throughout the service area  Provides excellent customer service as true transit ambassadors. 1973
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Lee Sterling, Regional Safety and Training Manager – Lee has over 15 years of safety/training experience in the public transportation industry. Lee will collaborate with the local team to ensure our safety and training program for the City of San Clemente Trolley Operations Service is actively followed. He will provide direct start up training for all vehicle operators as well as ongoing support to Christoper, Darin, and the SC operation in all aspects of our recruiting, hiring, and training activities. Lee will conduct regular safety audits to ensure that the City of San Clemente Trolley Operations Service is meeting and exceeding all required contractual, regulatory, and company standards.

Ability to Retain Management Personnel
Transportation Concepts has a successful record of retaining our managers and key personnel. What sets our company apart is that we not just talk about caring for our people, we show it. Most of our Managers have been with our company for 10 or more years. We provide a very fair compensation package and offer annual bonuses based upon performance. We empower our managers, providing them with support, guidance, coaching and leadership training. Like all our employees, we invest the time and resources necessary to ensure their success.

Additional Corporate Support In addition to a strong regional support team, the entire local team will be thoroughly supported by our corporate staff, who are based in Irvine, CA, as well as an extremely strong local regional support team. These support individuals are further described below:

Corporate Executive Team
Gill Barnett, CEO and Founder – Gill Barnett, CEO and founder of Parking Concepts and Transportation Concepts, has been actively involved in the parking and transportation industry for over 50 years. He began his career as a parking attendant at the age of 17 and worked his way up to management by the age of 22. Noting the lack of quality customer care from the beginning of his career, Gill envisioned a company devoted to providing a level of customer service that would exceed expectations.

Dave Mueller, President – Dave joined Parking Concepts in 2006 as a Vice President. His experience includes many years in the car rental industry, both in the US and abroad. In addition, he was an executive with a San Diego-based national parking management organization. Dave’s senior management experience includes accounting, finance, operations, administration, business development, consulting services, as well as mentoring many successful leaders in the service industry. Following in the footsteps of Gill Barnett, Dave is most comfortable working alongside our associates, whether in the operations or in our corporate offices.
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Rich Rogers, EVP / COO – Rich Rogers has been actively involved in the public transit industry for over forty years, with 20 of those years at the helm of Transportation Concepts. Mr. Rogers is responsible for the oversight of all Transportation Concepts operations and will ensure that the highest level of quality service is achieved and maintained for the City of San Clemente and its Trolley Operations service remains a success. As the Chief Operating Officer, he will see to it that TC’s operations meet company and contractual performance requirements to ensure that a safe, dependable, and responsive service is consistently delivered.

Mr. Rogers will be directly involved in any contract negotiation and will have direct responsibility fostering our working partnership with the City of San Clemente relative to contractual compliance and revisions as directed. Mr. Rogers will be instrumental in supporting the local team in implementing potential service and contractual changes throughout the term of the contract and will encourage and participate in regular meetings with the City’s Staff Administer and TC location management staff to ensure he is actively involved in the on-going performance and success of the Trolley system. Rich is based out of our Corporate offices in Irvine, CA and will be the primary proposal contact individual for the City of San Clemente.

Pankaj Sachdeva, Controller – Pankaj Sachdeva joined the Parking Concepts team in the role of Controller after accumulating more than 21 years of experience in finance and accounting management. He is an expert in budgeting, financial reporting, financial modeling, analysis, business planning, and process improvement. Before joining PCI, Pankaj held finance-related management positions in a variety of industries including skincare and the RV rental industry.

Zach Jefferson, Director of Human Resources – Zach possesses a wide range of knowledge and expertise in employment-related practices, such as recruitment, onboarding, affirmative action and EEO initiatives, and employee relations. Throughout his career in Human Resources, Zach has gained experience leading HR departments in the parking and transportation industry. Mr. Jefferson is responsible for developing and administering all employee-related programs to ensure compliance with all regulations governing labor on a federal, state, and local level. He provides pertinent information to all operating locations and monitors compliance. Areas of focus include training, EEO, Affirmative Action and Civil rights, labor relations, integrity, and compliance. Zach also acts as the liaison to attorneys, insurance companies and individuals, as well as with all our employees.

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4). Related Experience Starting back in 1982 with the operation of a six-bus shuttle operation at the Ontario Airport, through today, Transportation Concepts has enjoyed selective and measured growth. Currently, the company manages several separate Fixed Route and CommunityBased Shuttle contracts, all in areas that have their unique challenges. Our company operates these services utilizing a fleet of over 200 vehicles ranging in size from five passenger mini-vans minivans to full size 40-foot transit coaches. These vehicles are maintained and operated by Transportation Concepts, with most of the fleet utilizing alternative fuels. In addition, we have experience operating Electric / Zero Emission Buses in several locations since 2015.

Fixed Route, Deviated Fixed Route Services TC has over 20 years of experience operating fixedroute service in the local region with public transit agencies. This experience includes 14 years of
experience operating 15 buses for the Beach Cities
Transit System, 21 years of experience with the Palos
Verde Valley Transit Authority operating 8 buses, 8
years of experience with the City of Avalon operating
3 buses, as well as a seasonal fixed route contract with the Playa Vista Beach Community for the last 10
years, as well as community shuttle contracts for the Cities of Seal Beach and La Habra, both of which utilize funding through OCTA.

In addition, our talented and valued employees have been responsible for the operation of regularly scheduled services throughout the state including overall management responsibilities encompassing day to day administration of systems operating in rural transit environments as well as major metropolitan areas transporting over 5 million passengers per year. This includes routing and scheduling, safety oversight, vehicle and facility maintenance, road supervision and dispatch oversight, integration of technology, and of course vehicle operations. TC management has had experience in this type of service since 1987.

Shuttle/Circulator/ Rail Feeder Services TC has been providing shuttle services for over 40 years. In fact, we currently operate several shuttle
services of varying operating characteristics to
include seasonal community shuttles, college
campus shuttles, airport shuttles, and employer
shuttles. We are extremely proficient at providing
high quality, high capacity, short haul, high
frequency services. In addition, we provide other
special services including regular shuttles
connecting remote parking lots to employment centers; feeder services linking passengers from the train station to employment centers, and commuter services providing people transportation from designated parking lots in suburban areas to jobsites located in major 1976
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metropolitan areas. These services are one way we can contribute to improving the air quality of the communities we serve.

Management Philosophy As a smaller transit organization, our reputation means more to us than just turning a profit. Gill Barnett, the owner of PCI has always stated “If you take care of your customers and take care of your employees, they will in turn take care of the business.” This is one of the key reasons why Transportation Concepts has continued to meet or exceed expectations over the last 40 years. Another reason is that our company stands out when we are compared with other transit contractors. We do what we say we will do and do it well.

Although Transportation Concepts operates as a dba under Parking Concepts, the provision of providing exemplary transportation operations is the core business of Transportation Concepts. We do not have other businesses that divert focus from our primary objective with our clients, such as the City of Avalon, which is to transport passengers safely and effectively while creating a positive image for the community as well as our organization simultaneously. Our concentration remains on your service. Whenever additional support is needed, we have our regional staff that are committed to enhancing and supporting the local team in the areas of maintenance, labor, risk management, safety, technology, as well as any environmental concerns.

Over the last 40 years, Transportation Concepts has fostered a management approach/philosophy that is specific to the individual needs of each of our customers.

Although it is extremely important to have reliable corporate support, we believe that the service is only as strong as every member of the team. As we have demonstrated to our clients over these last 4 decades, our team will operate as a partner with the City staff in working towards the mutual goal of providing premier service to the residents and visitors that utilize the San Clemente Trolley Operations Service.

Ability to Perform Over the course of almost 50 years, Parking Concepts, Inc., dba Transportation Concepts has always’ fulfilled our contractual obligations and has never had a contract terminated early for cause.

Client References We invite you to contact our current clients for confirmation of our dedication, commitment, and excellent service standards and performance. At the end of this section, you will find testimony letters from our clients indicating the level of satisfaction they have for our organization.
1977
City of San Clemente `
Proposal for the San Clemente Trolley Operations Service

Location Name BEACH CITY TRANSIT REDONDO BEACH
Redondo Beach, California
City of Redondo Beach
Diane Amaya
Acting Transit Manager
1922 Artesia Blvd
Redondo Beach, CA 90278
(310) 318-0610 x 3357
[email protected]
Nature of Services
Fixed route and curb to curb paratransit transportation services.

Approximately a 10-mile service area includes Redondo Beach, Hermosa Beach, Manhattan Beach and El Segundo. The vehicle fleet consists of 20 CNG powered buses, 15 of which are assigned to fixed routes. Responsible for dispatch, operation, supervision, and vehicle maintenance on fleet of City provided buses.

Term of Agreement 2010 – Present (14 years)
Type of Fleet
Dispatching System
Currently using a computerized dispatch system with GPS system.

Implementation of annunciator system and “Real Time” technology with GMV along with Metro TAP system
# of Employees 36
Annual Revenue $3.2 Million
Location Name AVALON TRANSIT
Avalon, California

City of Avalon
Audra McDonald
Previous Transit Manager
410 Avalon Canyon Rd
Avalon, CA 90704
(310) 717-9773
[email protected]
Nature of Services Fixed Route Shuttle and Dial-a-Ride Transportation services throughout the City of Avalon, using a fleet of 2 buses for the Fixed Route and 2 for the Dial-a-Ride. Responsible for dispatch, operations, supervision, and provision of coordinating vehicle maintenance on fleet of City and TC buses.

Term of Agreement 2016 – 2024 (8 years)
Type of Fleet
Dispatching System
Utilizing “Simpli Transit” computerized dispatch system along with an AVL system and Swiftly for real time technology.
# of Employees 13
Annual Revenue $850k
1978
City of San Clemente `
Proposal for the San Clemente Trolley Operations Service

Location Name PLAYA VISTA SHUTTLE
Playa Vista, California
Playa Vista Parks and Landscape Organization
Dawn Suskin
Executive Director
6200 Playa Vista Drive
Playa Vista, CA 90094
(310) 437-6070
[email protected]
Nature of Services Seasonal Community Beach Shuttle. The vehicle fleet is comprised of 5 Type 7 CNG buses. Responsible for dispatch, operation, supervision, and vehicle maintenance on fleet.

Term of Agreement 2013 – Present (10 years)
Type of Fleet
Dispatching System
Currently using fully automated computerized dispatch system “Simpli” with a GPS system and Transloc for AVL.
# of Employees 9
Annual Revenue $500k
Location Name Palo Verde Valley Transit Authority
Blythe, California

PVVTA
George Colangeli
General Manager
415 North Main Street
Blythe, CA 92225
(760) 922-4900
[email protected]
Nature of Services Fixed route transportation services Vehicle fleet consists of 9 buses, Responsible for dispatch, operation, supervision, and provision of vehicle maintenance on fleet of agency buses.

Term of Agreement 2003 – Present (21 years)
Type of Fleet
Dispatching
System
Currently using GMV GPS/ Passenger Information System, AVL fleet tracking capabilities as well as a digital on-board video surveillance recording system
Number of
Employees
16 Annual Revenue $1.2m
1979
City of San Clemente `
Proposal for the San Clemente Trolley Operations Service

Location Name LAWNDALE BEAT FIXED ROUTE SERVICE
Lawndale, California
City of Lawndale
Jason Minter
Director of Community Services
14717 Burin Avenue
Lawndale, CA 90260
(310) 973-3272
[email protected]
Nature of Services Fixed route transportation service serving the City. The vehicle fleet consists of three (3) type 7 CNG buses. Responsible for information calls, operation, supervision, and vehicle maintenance on the TC provided buses.

Term of Agreement 2023 – Present (1 year)
Type of Fleet
Dispatching System
Currently using GMV GPS/ Passenger Information System, AVL fleet tracking capabilities as well as a digital on-board video surveillance recording system
Number of
Employees
6 Annual Revenue $850k
1980
City of San Clemente `
Proposal for the San Clemente Trolley Operations Service

5). Cost and Cost Proposal
The following are the required pricing forms taken from the RFP. As requested, these are broken down by the hourly rate for the Trolley service, as well as the additional shuttles for the potential re-establishment of the Green Line Service. 1981
City of San Clemente `
Proposal for the San Clemente Trolley Operations Service

1982
City of San Clemente `
Proposal for the San Clemente Trolley Operations Service

6). Statement of Compliance

Please refer to page 2 of our Cover Letter whereupon we specifically address full compliance with both the RFP and the City’s Professional Standard Services Agreement without exception.

7). Other Information

We believe we have addressed all specific sections of our proposal as detailed as possible while being concise, and do not need to include any additional information.

1983
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 18, 2024 Agenda Item: 11N.

Submitted By: Public Works
Prepared By: David Rebensdorf, Public Works Director/City Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO APPROVE AMENDMENT NUMBER THREE WITH

CR&R INCORPORATED TO CONTINUE SOLID WASTE HANDLING SERVICES FOR FOUR MONTHS WHILE AN AMENDED AND RESTATED AGREEMENT IS BEING FINALIZED ..body Fiscal Impact:

Customer rates and City revenue will remain unchanged at this time. Per Contract Amendment Number two, a Consumer Price Index (CPI) change of 7.75 percent was anticipated on July 1.

Staff will evaluate the rate change as part of the proposed Amended and Restated Agreement.

Summary:

On September 6, 2022, the City Council authorized staff to send a letter to CR&R, Inc. ending its automatic Franchise Agreement renewal beginning July 1, 2024. The intent was to have an Amended and Restated Agreement finalized prior to July 1, 2024. Unfortunately, negotiations, analysis, and a cost-of-service study (recently added) are taking longer than anticipated. The final document needed to complete the proposed agreement is completion of the cost-of-service study to evaluate City costs relative to solid waste and recycling. Staff anticipates a four-month extension to the existing contract will provide adequate time to return to the City Council to finalize an Amended and Restated Agreement.

Background:

In June of 2022, MSW Consultants prepared a report titled “Recommendation Regarding the City’s Solid Waste and Franchise Agreement with CR&R” (Attachment 3) which provided information related to trends within the industry, information about the market, a list of companies providing solid waste and recycling services within Orange County, an overview of the franchise agreements, and recommendations for the City. Based on the report, the recommendation was to negotiate with CR&R for a period of six months. Unfortunately, this process has been delayed due to several factors, including: establishment of a fee for street sweeping services, reduction in staff administering the contract, and most recently a cost-of-service study.

Approval of the proposed Amendment three to extend the existing Agreement for four months will allow adequate time to complete the cost-of-service study, establish rates, finalize negotiations, and bring a proposed Amended and Restated Agreement back to the City Council. If a new agreement is approved by the City Council, customer notification of new rates and public hearing will be required per Proposition 218.
1984
Meeting Date: June 18, 2024 Agenda Item: 11N.

CITY OF SAN CLEMENTE 2
CR&R’s Perris Anarobic Digester for Organic Waste Recycling Council Options:
 Adopt Resolution No. 24-104, approving Amendment No. 3 with CR&R, Inc. to continue Solid Waste Handling services for four months while an Amended and Restated Agreement is finalized.
 Modify and adopt Resolution No. 24-104.
 Continue the item with direction to provide additional information.

Environmental Review/Analysis:

This project was previously determined to be exempt from the California Environmental Quality Act under Class 1 (Existing Facilities, 14 CCR 15301) of the state CEQA Guidelines.

Recommended Actions:
..recommendation
Staff recommends that the City Council adopt Resolution No. 24-104, which will authorize the City Manager to execute Amendment No. 3 with CR&R Incorporated to continue Solid Waste Handling services for four months while an Amended and Restated Agreement is finalized. ..end
1985
Meeting Date: June 18, 2024 Agenda Item: 11N.

CITY OF SAN CLEMENTE 3
Attachments:

1. Resolution No. 24-104

2. Amendment No. 3 between the City of San Clemente and CR&R, Inc

3. MSW Consultants report titled Recommendation Regarding the City’s Solid Waste and Franchise Agreement with CR&R

4. Amended and Restated Agreement

5. Amendment No. 1

6. Amendment No. 2
Notification:

None.
1986
RESOLUTION NO. 24-104

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 3 WITH CR&R

INCORPORATED TO CONTINUE SOLID WASTE HANDLING

SERVICES FOR FOUR MONTHS
WHEREAS, City and CR&R Incorporated (“CR&R”) entered into that certain Amended and Restated Agreement between the City of San Clemente and CR&R Incorporated for Solid Waste Handling Services dated January 1, 2011 (the "2011 Agreement"); and
WHEREAS, City and CR&R entered into that certain Amendment No. 1 to Agreement between the City of San Clemente and CR&R Incorporated for Solid Waste Handling Services on June 13, 2016 (“First Amendment"); and WHEREAS, City and CR&R entered into that certain Amendment No. 2 to Agreement between the City of San Clemente and CR&R Incorporated for Solid Waste Handling Services on November 9, 2021 (“Second Amendment"). The 2011 Agreement, as modified by the First Amendment and the Second Amendment, is hereinafter referred to as the "Agreement"; and
WHEREAS, City issued to CR&R a Notice of Termination of the automatic renewal of the Agreement on September 26, 2022. This resulted in an Agreement termination date of June 30, 2024; and
WHEREAS, City and CR&R are still in negotiations over the terms of a new Amended and Restated Agreement for Solid Waste Handling Services; and WHEREAS, it is in the best interest of the City and the public to extend the Agreement for four additional months while an Amended and Restated Agreement is finalized.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

Section 1. That the above recitals are true and correct and incorporated herein as findings.

Section 2. That the City Manager is authorized and directed to execute Amendment No. 3 with CR&R Incorporated in a form substantially similar to that presented to the City Council on June 18, 2014 to continue Solid Waste Handling Services for four months.

Section 3. That staff is authorized and directed to take such other and further actions and execute such other and further documents as may be necessary to accomplish the purposes of this resolution.

Section 4. That the City Clerk shall certify to the passage and adoption of this Attachment 1
1987
Resolution No. 24-104 Page 2
resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
1988
Resolution No. 24-104 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-104 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
1989
1990
1991
1992
Recommendation Regarding
the City’s Solid Waste Franchise Agreement with CR&R
Prepared by
Solid Waste Consultants
to Local Government
June 7, 2022
Attachment 3
1993
Page intentionally left blank
1994
i
Table of Contents
1 EXECUTIVE SUMMARY ...................................................................................................................... 1 2 RECENT TRENDS IN THE SOLID WASTE INDUSTRY.................................................................................. 2

2.1 SB 1383 – SHORT-LIVED CLIMATE POLLUTANTS .............................................................................................2

2.2 FACTORS CREATING UPWARD PRESSURE ON OPERATING COSTS .......................................................................3 3 SOLID WASTE MARKET IN ORANGE COUNTY ....................................................................................... 4

3.1 HAULER MARKET SHARE AND MAJOR SOLID WASTE FACILITIES.........................................................................4

3.2 RECENT EVENTS AND CIRCUMSTANCES...........................................................................................................5

3.3 RATE COMPARISON .....................................................................................................................................7 4 SAN CLEMENTE’S AGREEMENT WITH CR&R........................................................................................ 9

4.1 2010 FRANCHISE AGREEMENT......................................................................................................................9 5 BASIS FOR RECOMMENDATION ........................................................................................................ 11

5.1 GENERAL PROS AND CONS OF NEGOTIATING VS. ISSUING AN RFP ...................................................................11

5.2 APPLICATION OF GENERAL PROS AND CONS TO THE CITY OF SAN CLEMENTE.....................................................12

5.3 CONSIDERATION OF PROS AND CONS OF GIVING NOTICE TO END AUTOMATIC EXTENSION.................................12 6 SUMMARY OF RECOMMENDATIONS ................................................................................................. 15 1995

1 Executive Summary
In March 2022, the City retained our firm to provide a recommendation to the City whether it should either:
• Enter into sole-source negotiationsfor a new solid waste franchise agreement with its current waste hauler, CR&R Incorporated (CR&R) or;
• Issue an RFP and solicit competitive proposals a new agreement.

In developing our recommendation, we:

1. Considered recent trends in the solid waste industry.

2. Surveyed the solid waste market in Orange County.

3. Reviewed the City’s current solid waste agreement.

4. Outlined the general pros and cons of conducting sole-source negotiations vs. issuing an RFP.

5. Analyzed those pros and cons in relation to the City’s current agreement.

Based on our review and analysis, we recommend that the City:
• Enter into negotiations now with CR&R, for a period not to exceed six (6) months. • In addition, prior to June 30, 2022, give CR&R a notice of termination of the automatic renewal of the term of the current franchise agreement. As a result of this action, the term of the current agreement will be set to end on June 30, 2024.

If the City does not give notice of automatic termination on or before June 30, 2022, due to provisions in the agreement, the term of the current agreement will automatically be extended for an additional year to June 30, 2025. • If the City and CR&R are not able to successfully negotiate a new agreement within six (6) months, conduct a competitive procurement process by developing and issuing an RFP to other qualified firms.
1996

2 Recent Trendsin the Solid Waste Industry
The two most significant trends today in the solid waste industry in California are the implementation of SB 1383, and a combination of economic factors that are creating upward pressure on solid waste collection and recycling operating costs.

2.1 SB 1383 – Short-lived Climate Pollutants
In 2016, the State adopted SB 1383, the most significant change to solid waste handling regulations in 30 years. SB 1383 requires cities to implement programs to significantly reduce the amount of organic waste and recoverable edible food sent to landfills. The goals of SB 1383 are to reduce by 75% the amount of organic waste going to landfills by 2025, and reduce by 20% the amount of recoverable edible food that is currently landfilled.

While this new law was adopted in 2016, the final regulations that implemented the law were not finalized until November of 2020, and it did not become effective until January 2022. Although waste and recycling companies will perform many of the tasks of SB 1383, the regulatory requirements of this new law are placed squarely on the backs of local governments. SB 1383 requires local jurisdictions to:
• Amend their municipal codes to enforce the requirement that essentially all waste generators recycle their organics, including dry organics (cardboard, paper, etc.). • Ensure that their waste haulers provide organics collection service. • Estimate the amount of organic waste and recoverable edible food generated within their boundaries and provide that information to their county for facility planning purposes.
• Enhance existing edible food recovery programs to reduce the amount of recoverable edible food sent to landfills.
• Ensure that all newly constructed buildings have readily accessible space for recycling.
• Ensure that all new construction be designed with water efficient landscape. • Develop inspection and compliance review programs to ensure that waste generators fulfill the requirements of SB 1383 and the jurisdiction’s municipal code.
1997

• Conduct periodic education and outreach to all waste generators, and specifically, generators of edible recoverable food.
• Ensure that the City’s hauler performs annual route inspections to minimize contamination.
• Procure a minimum quantity of recovered organic waste products. • Prepare and submit annual compliance reports to CalRecycle.

While SB 1383 is a major driver of the recent increase in solid waste customer rates across the State, there are several other economic factors that are contributing to this trend.

2.2 Factors Creating Upward Pressure on Operating Costs In addition to SB 1383, a significant trend in the solid waste industry today is the conflation of economic factors that are creating upward pressure on waste hauler’s operating costs, and thereby, causing increases in customer rates. These economic trends include:
• A shift in tonnage volume per unit from the commercial sector to the residential sector
• Continuing shortage of qualified truck drivers
• Continuing impact of China virtually banning the import of recyclables (China Sword)
• Supply chain constraints
• Steel prices
• Increased fuel costs
• General Inflation
1998

3 Solid Waste Market in Orange County
Our survey of the solid waste market in South County is comprised of: 1) an overview of hauler market share and major waste facilities, 2) a description of recent events and circumstances, and, 3) a comparison of current rates.

3.1 Hauler Market Share and Major Solid Waste Facilities Chart 1 below shows the current market share of waste haulers in Orange County, as well as major waste facilities. This chart shows that one hauler (Republic) has most of the market in North County, and that two haulers, CR&R and Waste Management (WM), have all the market in South County. Chart 1 also shows that, of the three haulers with the most market share, CR&R’s facility of the Ortega Highway (and its planned facility near the Prima Desheca Landfill) are the closest to the City of San Clemente of the three haulers with the most market share.

Chart 1 – Waste Hauler Market Share and Major Facilities (Draft) 1999

Table 1 below lists the operating facilities of the major waste haulers that are able to serve South County along with the distance of each facility from the City of San Clemente. This list shows that CR&R currently has the closest facility to the City (9 miles), and that its planned facility near the Prima Desheca Landfill will result in CR&R’s operating facility being only 4 miles away from the City.

Table 1 – Operating Facilities of Major Waste Haulers
Facility Name Hauler Location Distance from
San Clemente
CVT MRF Republic
Services
In Anaheim near intersection of 57 and 91
Freeways 38
CR&R South County
MRF CR&R Ortega Highway off of Gibby Road 9
CR&R Recycling and
Transfer (Planned for
2024)
CR&R La Pata Avenue near the Prima Desheca
Landfill 4
Sunset Environmental WM Near the intersection of Barranca and Jamboree Rd. in Irvine 28
Madison Resource
Recovery
WARE
Disposal
In Santa Ana on Fourth St. between
downtown and the I-5 Freeway 30

3.2 Recent Events and Circumstances
Table 2 the following page describes some recent events and circumstances cities in South County related to solid waste franchise agreements. Chart 2 on the following page compares the solid waste contract expiration dates of each of the cities in South County. 2000

Table 2 – Recent Events and Circumstances in Orange County City Event
Aliso Viejo
CR&R has served the city since 2005. On November 2021 the city negotiated Amended and Restated the Franchise Agreement with CR&R. The current term of the city’s agreement is set to end in October 2027.

Dana Point
CR&R had served the city since 1996, when it acquired Solag Disposal. In 2019, the city amended its agreement with CR&R. As a result, the current term of the city’s agreement is set to end in June 2024. The city is currently in the process of negotiating amended and extended agreement; likely by 5 years.

Irvine
WM has the exclusive right (and obligation) to serve only the single-family residential sector. Several haulers openly compete for customers in the commercial and multi-family sector. WM has served the residential sector in the city for several decades. The current term of the city’s agreement is set to end in August 2026. The city is currently in negotiations with WM.

Laguna Beach
WM has served the city since 1993. The current term of the city’s agreement is set to end in June 2023. In May 2021, the city Council decided to begin a competitive procurement process. The city is now developing an RFP.

Laguna Hills
The current term of the city’ agreement with CR&R is set to end in June 2024. Lake Forest and Laguna Hills are now collaboratively conducting a single competitive procurement process.

Laguna Niguel
CR&R has served the city since 1996, when it acquired Solag Disposal. In 2018, the city negotiated a new agreement with CR&R. As a result, the current term of the city’s agreement is set to end in December 2028.

Laguna Woods
In April 2021, with less than two years remaining on its contract, and a potential option to extend its term by 5 years, WM notified the city that it would not object if the city issued an RFP. In July 2021, the City issued an RFP, and received two (2) proposals; from WM and CR&R. The city awarded the contract to CR&R in October 2021. The term of the new contract extends to 2032.

Lake Forest
The current term of the city’s agreement with CR&R is set to end in December 2028.

Lake Forest and Laguna Hills are now collaboratively conducting a single competitive procurement process.

Mission Viejo
Mission Viejo’s city code requires the city to competitively procure waste collection every 10 years. The city issued an RFP in July 2019. City received proposals from CR&R, Republic Services, and WM. CR&R and WM were shortlisted. In December 2019, city awarded an eight-year agreement to WM. As a result, the current term of the city’s agreement is set to end in December 2028.

Rancho Santa
Margarita
CR&R had served the city since 2004, when it was awarded the contract via a competitive procurement. In October 2021, city negotiated a 5-year Amended and Restated the Franchise Agreement with CR&R. As a result, the current term of the city’s agreement is set to end in June 2024.

San Juan
Capistrano
CR&R has served the city since 1996, when it acquired Solag Disposal. In May 2019, the city conducted a limited RFI (request for information) process. Three haulers submitted responses: CR&R, Republic, and WM. CR&R was selected. The new agreement has 10-year term with two options to extend the term by 5 years. 2001

Chart 2 – Current South County Solid Waste Contract Expiration Dates

3.3 Rate Comparison
A comparison of customer rates for the most common levels of residential and commercial service are shown below in Chart 3 and Chart 4, respectively. The top portion of each bar in these charts reflects the portion of the rate that is retained by the city or attributable to street sweeping. The bottom portion reflects the portion that is retained by the hauler for solid waste collection service. The amounts shown in Chart 3 and Chart 4 are listed in Table 3 and Table 4 on the following page.

Chart 3 – Monthly Single-family Solid Waste Rates in South County Mar Jun Sep Dec Mar Jun Sep Dec Mar Jun Sep Dec Mar Jun Sep Dec Mar Jun Sep Dec Mar Jun Sep Dec Mar Jun Sep Dec M J S D M J S D M J S D M J S D M J S D M J S D M J S D Aliso Viejo
Dana Point
Irvine
Laguna Beach
Laguna Hills
Laguna Niguel
Laguna Woods
Lake Forest
Mission Viejo
Rancho Santa Margarita
San Clemente
San Juan Capistrano City of San Juan Capistrano negotiated a new agreement in 2020.

City
Automatially extended by two years beginning on October 31, 2025. Remaining term is 2-years until further notice.

City of Dana Point is currently negotiating with CR&R.

City of Irvine is currently negotiating with WM.

City of Laguna Beach is currently undertaking an RFP process.

City of Laguna Hills is currently undertaking an RFP process in concert with Lake Forest. 2032 2033 2034 2035
Automatic Extension
City of Laguna Woods has option to extend by 5-years beginning on February 28, 2032 City of Lake Fores is currently undertaking an RFP process in concert with Laguna Hills.

City of Mission Viejo completed an RFP process in 2019.

City of Rancho Santa Margarita negotiated new agreement in 2021. 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031
2002

Chart 4 – Monthly Commercial Solid Waste Rates in South County Table 3 – Monthly Single-family Solid Waste Rates in South County Table 4 – Monthly Commercial Solid Waste Rates in South County Customer Rate City Fees Hauler Portion
Laguna Woods $12.73 $0.64 $12.09
Irvine $13.01 $0.65 $12.36
Laguna Hills $15.55 $0.00 $15.55
Dana Point $16.79 $0.84 $15.95
Lake Forest $17.79 $0.89 $16.90
Aliso Viejo $19.48 $1.39 $18.09
Rancho Santa Margarita $21.09 $1.05 $20.04
Mission Viejo $21.78 $1.74 $20.04
Laguna Niguel $21.69 $1.08 $20.61
San Juan Capistrano $22.36 $1.12 $21.24
Laguna Beach $22.05 $0.00 $22.05
San Clemente $23.51 $1.18 $22.33
City
Monthly Rate
Customer Rate City Fees Hauler Portion
Lake Forest $97.70 $4.89 $92.82
Rancho Santa Margarita $101.42 $5.07 $96.35
Laguna Woods $120.39 $6.02 $114.37
Aliso Viejo $126.81 $9.07 $117.74
Laguna Hills $124.10 $0.00 $124.10
Laguna Niguel $145.20 $7.26 $137.94
Mission Viejo $153.34 $12.27 $141.07
Dana Point $155.74 $11.68 $144.06
San Juan Capistrano $154.53 $7.73 $146.80
San Clemente $165.11 $17.75 $147.36
Laguna Beach $167.86 $16.79 $151.07
Monthly Rate
City
2003

4 San Clemente’s Agreementwith CR&R

4.1 2010 Franchise Agreement
Under the terms of the current franchise agreement, CR&R has the exclusive right and obligation to provide waste and recyclables collection service to all of the City’s singlefamily, multi-family, and commercial customers. CR&R’s relationship with the City dates back to 1996 when CR&R acquired the City’s then long-time hauler, Solag Disposal.

Term of the 2010 Agreement
The City’s current Agreement with CR&R was negotiated in 2010. The initial term of the current Agreement was for an eleven and one half (11 ½) year term through June 30, 2022. The Agreement provides that, beginning on July 1, 2020, the term of the Agreement is to be automatically extended each year on July 1st for an additional year. The term of the Agreement will continue to be extended each year unless either the City or CR&R notifies the other party prior to June 30th of any year of its intent to end the term of the Agreement.

As a result, if neither party notifies the other, the Agreement will continually have a remaining term of between two and three years. As of the date of this letter, the remaining term of the Agreement extends to June 30, 2024. If neither the City or CR&R notifies the other party of its intent to end the term by June 30, 2022, the term of the Agreement will automatically extend for another year to June 30, 2025.

The 2016 Amendment
Also in 2016, the City amended its Agreement with CR&R to direct the company to transport organic waste collected in the City to CR&R’s anaerobic digestion facility (AD facility) in the City of Perris. As a result of redirecting its organic waste away from landfills and to CR&R’s AD facility, the City’s organic waste collection program is in compliance with SB 1383.

The 2021 Amendment
Although2016 amendment to the Agreement enabled the City to comply with much of SB 1383, the SB 1383 regulations that were promulgated in November 2020 included some requirements that are not addressed in the City’s current Agreement with CR&R. These additional requirements include waste characterizations, route reviews, and edible food recovery programs.

Favorable Diversion Rates Compared to CalRecycle Targets During CR&R’s tenure, the City has met its AB 939 waste diversion requirements. AB 939 requires that cities implement waste reduction and recycling programs such that the amount of 2004

landfilled waste originating in the city does not exceed a certain maximum allowable amount.

The actual and maximum allowable amounts are expressed in the average disposal per person per day.

From 2007 through 2019 (the most recent year that disposal data is available),the City’s average actual disposal per person per day has been below the maximum allowable amount set by CalRecycle. This is shown below in Chart 5.

Chart 5 – Actual Per Capital Disposal Compared to Maximum Allowed Rate Recent Service Issues
According to City staff, CR&R has a history of providing high quality service. However, in the last two years, the City has received many more complaints about CR&R’s service than in previous years. These complaints have been primarily about spillage, missed pickups, and improperly commingling recyclables in the same truck as regular trash (which defeats the purpose recycling). The City is in frequent communication with CR&R about service complaints, and CR&R has represented that it is working to improve service and significantly reduce the number of complaints.

Based on City staff conversations with other cities that have other waste haulers, the increase in complaints do not seem to be unique to the City of San Clemente. City staff expects that CR&R will be able to improve service quality to what it was in the past. 2005

5 Basis for Recommendation
To develop our recommendation, we: 1) considered the general pros and cons of sole source negotiation verses a competitive procurement, 2) applied these general pros and cons to the specific circumstances of the City of San Clemente, and, 3) considered the advantages and disadvantages of providing CR&R with notice to terminate the automatic extension.

5.1 General Pros and Cons of Negotiating vs. Issuing an RFP Table 4 below lists the advantages of negotiating vs. the advantages of soliciting competitive proposalsthat would generally apply to any jurisdiction.

Table 5 – Solid Waste Agreement Negotiate vs. Competitive Procurement Advantages of Negotiating with Incumbent Hauler Advantages of Soliciting Competitive Proposals from Several Haulers
▪ If there is adequate time remaining on the
current contract term, allows the City to
subsequently issue an RFP if the negotiations
are not successful.
▪ Avoids the risk of problems arising from the
transition to a new service provider (e.g.,
changed pickup days, a new hauler will not be
familiar with the City’s unique service
requirements, etc.).
▪ Avoids the problems that may occur if the City
receives a ‘low-ball’ bid; avoids the risk of
creating a high-profile and controversial
contractor selection process.
▪ Allows the City to achieve much of the same
assurances that it has obtained a fair deal by
comparing its rates, services and terms to those
in nearby jurisdictions.
▪ May require less City Council and staff time.
▪ Provides more assurance that City has obtained
the greatest value.
▪ Provides more assurance to the public that
contractor was selected in a fair manner.
▪ City benefits from the technical creativity of
several firms in identifying a menu of program
and service options to achieve the waste
diversion requirements.
▪ Allows the City to choose from several haulers.
▪ Allows the City to ‘mix ‘n match’ features from
multiple proposals.
▪ May require more City Council and staff time.
▪ Provides opportunity for Council members to
learn about solid waste issues.

Bottom line:

More appropriate when City is already meeting its
solid waste program objectives:
▪ Hauler provides high quality, reliable service;
and,
▪ Rates are reasonable; and,
▪ City meeting diversion mandates; and,
▪ Scope of services will not change.

Bottom line:

More appropriate when City is not meeting its solid
waste program objectives:
▪ City is less satisfied with hauler, or
▪ Rates are higher than nearby, comparable
jurisdictions; or,
▪ City not meeting diversion goals; or,
▪ City intends to make significant changes to the
scope of services.
2006

5.2 Application of General Pros and Cons to the City of San Clemente Reasons to renegotiate with CR&R:
• According to City staff, CR&R has a history of providing high-quality service.

Although CR&R has had some recent services issues, these appear to be related to COVID-19 and other challenging industry trends. Based on staff discussions with other jurisdictions, other solid waste haulers in other cities have experienced similar service issues. CR&R’s history of providing high-quality service (and CR&R’s professed intention to regain its reputation for delivering high-quality service) helps to justify entering into negotiations with CR&R for a new agreement. • The City does not intend to make significant changes to the scope of services. The 2016 amendment provided for the organics collection services needed to comply with SB 1383, and the 2021 amendment to CR&R’s agreement addressed many of the scope requirements of SB 1383. As a result, the City does not need to make any significant changes to the scope of the agreement.
• The City is meeting its diversion mandates. As shown above in Chart 5, the City has been meeting its waste diversion targets. CalRecycle has recently requested the City to prepare a Formal Plan due to low participation rates among its commercial businesses. However, this is primarily due to businesses in the City electing to not recycle.

Reason to conduct a competitive procurement:
• The City’s rates are higher than other cities in South County.

5.3 Consideration of Pros and Cons of Giving Notice to End Automatic Extension Reasons to not give notice:
• There is some risk to the City of terminating the automatic extension and setting in motion a negotiation/procurement process. If the City and CR&R are not able negotiate an agreement, and the City issues an RFP, the City may undertake curtained risks. Other haulers may perceive that CR&R (as the incumbent and with facilities that are closest to the City) has a competitive advantage. There may be a risk that the City does not receive adequate competitive proposals in response to the RFP. There is a risk that other haulers may not offer competitive rates due to their relatively higher operating costs due to their distance from the City. There is also a risk that the rates bid by CR&R in response to an RFP might be higher than those that the City might otherwise be able to negotiate. 2007

• If the City does not give notice (and assuming that CR&R does not give notice to the City), the City would be able to enjoy continued uninterrupted service at stable (although relatively higher) rates over time.

Reasons to give notice:
• With a firm contract expiration date, both parties will be more earnest in negotiations. If the City does not give notice, both parties would have less incentive to hurry, and the process may be prolonged.
• Due to its location in the southern-most part of the County, and its relative distance from the operating yards of other competing waste haulers, the City has less negotiating leverage for waste services than other cities to its north. Due to the current negotiations and procurements of these other nearby cities, this negotiating leverage may diminish even more in the next two years as these cities renegotiate or reprocure their waste agreements. The City of San Clemente may have more negotiation leverage with CR&R now than in the next two years. • There is a risk that WM may exit the waste market in Orange County. As shown below in Table 6, twenty years ago, WM was the exclusive provider in eight cities in Orange County. This year (with the transfer of the City of Santa Ana to Republic Services), WM will be the exclusive provider in only three Orange County cities.

Table 6 – WM Decrease in Orange County Market Share
OC Contracts Held by
WM in 2002
OC Contracts Held by
WM July 2022
Irvine Irvine
La Habra
Laguna Beach Laguna Beach
Lake Forest
Mission Viejo Mission Viejo
Orange
Santa Ana
Tustin
One of these three cities is the difficult-to-serve City of Laguna Beach, which is currently in the RFP process. Another is the City of Lake Forest in which WM has the exclusive obligation to service all residential customers at some of the lowest rates in the County, while it openly competes with other haulers in the more lucrative commercial sector. WM’s other city is the City of Mission Viejo, which selected WM in an RFP process in 2019. As a result, WM has far fewer customers 2008

over which to spread its fixed costs than it did twenty years ago, and its remaining cities may not provide the company with high profit margins.

If WM were to retain Laguna Beach, and acquire Lake Forest and Laguna Niguel, it would be less likely that it would exit the waste market in Orange County.

However, these outcomes may not be as likely given the lack of competitiveness WM demonstrated in Laguna Woods.

If another waste company were to offer to purchase WM’s contracts in Orange County, it may be more economic for WM to sell these contracts than to continue to operate at thin margins. Moreover, due to CR&R’s presence in South County, at some purchase price, WM’s current contracts in Irvine and Mission Viejo may be more valuable to CR&R than they are to WM. For all these reasons, there is a risk that WM may exit the waste market in Orange County. If this were to happen, the City of San Clemente would have even less negotiating leverage. 2009

6 Summary of Recommendations
The reasons to initially negotiate with CR&R are summarized below in Table 7. The reasons to issue a notice to terminate the automatic extension are summarized below in Table 8.

Table 7– Reasons to Initially Negotiate with CR&R
Key Reasons Why San Clemente Should Initially Conduct Negations with CR&R ▪ CR&R has the infrastructure in place (Perris AD facility) to process the City’s organics in compliance with SB 1383.
▪ The City’s current agreement with CR&R includes all the services the City needs to comply with SB 1383
▪ Due to its market share and facilities in South County, CR&R has the ability to bring economies of scale, and thereby, more competitive rates to the City of San Clemente.
▪ The City may be able to negotiate more favorable rates. ▪ If the City and CR&R are not able to successfully negotiate a new agreement within six months, the City will still have adequate time to conduct a competitive procurement.

Table 8– Reasons to Issue a Notice to Terminate the Automatic Extension Key Reasons to Issue a Notice to Terminate
▪ Both parties will be more earnest, and an agreement would be negotiated more quickly.
▪ The City has less negotiating leverage for waste services than other cities to its north, and this negotiating leverage may diminish more over time due to other contracts becoming finalized in the next two years.
▪ There is a risk that WM may exit the waste market in Orange County in the nottoo-distant future resulting in even less negotiating leverage for the City. 2010
•
I
"'
. --

AMENDED AND RESTATED AGREEMENT

BETWEEN THE
'.\SHX,2266-0187
2110575 I ,.()6,02:1 I

CITY OF SAN CLEMENTE
AND

CR&RINCORPORATED

FOR SOLID WASTE HANDLING SERVICES
EFFECTIVE JANUARY 1, 2011
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2104
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 18, 2024 Agenda Item: 11O.

Submitted By: Public Works
Prepared By: Masako Hennequin, Associate Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO EBS UTILITIES ADJUSTING, INC. FOR PAVEMENT PRESERVATION PROGRAM - UTILITY ADJUSTMENTS, CIP PROJECT NO. 13321, IN AN AMOUNT NOT TO EXCEED $74,185,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL ..body QUALITY ACT
Fiscal Impact:

The estimated total construction cost of $91,403 is within the remaining approved budget amount of $167,524 from the Pavement Preservation Program, Account No. 012-861-45300-000-13321.

Summary:

Before the City Council is the award of a construction contract to EBS Utilities Adjusting, Inc. in an amount not to exceed $74,185, and approving a 10% project contingency, for the Pavement Preservation Program - Utility Adjustments.

Background:

Existing manhole covers and water valve cans that are not level with the street grade can cause unsafe driving conditions and damage the pavement around the utility covers. The proposed Pavement Preservation Program - Utility Adjustments project includes adjusting existing manhole covers and water valve cans, and removing and replacing damaged manhole frames and covers to improve drivability and prevent pavement damage. In addition, manholes and valve cans will be slightly raised in preparation for slurry seal of City streets. Proposed utility adjustment locations are listed on Attachment 2.

Existing Water Valve Cans Existing Sewer Manhole
2105
Meeting Date: June 18, 2024 Agenda Item: 11O.

CITY OF SAN CLEMENTE 2
On May 2, 2024, staff reached out to local contractors, published a notice inviting bids for this project in the SC Times, and published a bid solicitation on PlanetBids. Bids were opened on May 16, 2024, and the results are presented in the table below. Bids range from $74,185 to $92,700.

There were no bidders from any businesses based in San Clemente. The lowest responsive and responsible bidder is EBS Utilities Adjusting, Inc. of Corona, California with a total bid amount of $74,185.

Table 1. Bid Summary
Company Name Company Location Amount
EBS Utilities Adjusting, Inc. Corona, CA $74,185.00
Manhole Adjusting, Inc. Pico Rivera, CA $92,700.00
Based on the lowest bid, the total estimated project construction cost is $91,403 as summarized below:

Table 2. Cost Summary
Construction Management and Inspection $9,800
Construction $74,185
Contingency (10%) $7,418
Total Estimated Construction Cost $91,403
As required by state law and City policy, the EBS Utilities Adjusting will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 3). Project plans and specifications are on file in the City Clerk’s office.

Council Options:
 Adopt Resolution No. 24-105 (Attachment 1), awarding the Pavement Preservation Program - Utility Adjustments contract to EBS Utilities Adjusting, Inc., authorizing the City Manager to execute a construction contract an amount not to exceed $74,185, approving a 10% project contingency of $7,418, and finding the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.  Modify and adopt Resolution No. 24-105.
 Continue the item and direct staff to provide additional information.  Do not award the contract or construct the sidewalk improvements.

Environmental Review/Analysis:

This project is exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of repairs to existing City facilities, involves negligible or no expansion of existing or former use and there is no possibility of a direct or reasonably foreseeable indirect effect on the environment. 2106
Meeting Date: June 18, 2024 Agenda Item: 11O.

CITY OF SAN CLEMENTE 3
Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 24-105, which will:

1. Find the Pavement Preservation Program - Utility Adjustments, CIP Project No. 13321, categorically exempt from the CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines;

2. Award the Pavement Preservation Program - Utility Adjustments, CIP Project No. 13321, contract to EBS Utilities Adjusting, Inc.;

3. Authorize the City Manager to execute a contract with EBS Utilities Adjusting, Inc. in an amount not to exceed $74,185, in a form substantially similar to Contract No. 24-35 (Attachment 3) for the Pavement Preservation Program - Utility Adjustments, CIP Project No. 13321; and

4. Approve a 10% construction contingency of $7,418 for this project. ..end
Attachment:

1. Resolution No. 24-105

2. Proposed Utility Adjustment Locations

3. Contract No. 24-35
Notification:

All bidders
2107
Attachment 1
RESOLUTION NO. 24-105

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO EBS UTILITIES
ADJUSTING, INC. TO PERFORM PAVEMENT

PRESERVATION PROGRAM - UTILITY ADJUSTMENTS IN
AN AMOUNT NOT TO EXCEED $74,185, PLUS A 10%

PROJECT CONTINGENCY, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONTRACT AND FINDING

THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR
SECTION 15301) OF THE STATE CEQA GUIDELINES
WHEREAS, the City conducted formal competitive bidding for the Pavement Preservation Program - Utility Adjustments, CIP Project No. 13321 (Project); and WHEREAS, on May 16, 2024, the City received two (2) responsive bids ranging from $74,185 to $92,700 for the Project; and
WHEREAS, EBS Utilities Adjusting, Inc. was the lowest responsive and responsible bidder with a bid of $74,185.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

SECTION 1. That the above recitations are true and correct and incorporated herein.

SECTION 2. That based upon substantial evidence in the record as a whole, the Project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of repairs to existing City facilities, involves negligible or no expansion of existing or former use and there is no possibility of a direct or reasonably foreseeable indirect effect on the environment.

SECTION 3. That the Construction Contract Agreement for the Pavement Preservation Program - Utility Adjustments, CIP Project No. 13321, is hereby awarded to EBS Utilities Adjusting, Inc.

SECTION 4. That the City Manager is authorized and directed to execute a construction contract for the Pavement Preservation Program - Utility Adjustments, CIP Project No. 13321 with EBS Utilities Adjusting, Inc. in an amount not to exceed $74,185, in a form substantially similar to that presented to City Council on June 18, 2024.

SECTION 5. That a 10% project contingency of $7,418 is hereby approved. 2108
Resolution No. 24-105 Page 2
SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of June, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-105 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of June, 2024, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of June, 2024. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
2109
APPENDIX 3

MANHOLE AND WATER VALVE CAN ADJUSTMENT LIST
City furnished Adjust Adjust
sewer manhole existing water valve
No. Address frame and lid manhole can
1 N. ECR NB No. 2 lane at Pico intersection 1
2 (*)N. ECR NB just NO of Camino San Clemente 1
3 (*)N. ECR SB just NO of Ave. Estacion 1
4 Ave. Pico EB No. 1 lane before Via Pico Plaza 1
5 Ave. Pico EB No. 2 lane EO I-5 NB off ramp 1
6 Ave. Pico EB No. 1 lane EO SCHS signal 1
7 Ave. Pico EB at Ave. Presidio right turn lane 1
8 Ave. Pico EB No. 1 lane at Presidio intersection 1
9 Ave. Pico EB No. 1 at Calle Del Cerro intersection 1
10 Ave. Pico EB bike lane before Ave. La Pata 1
11 Ave. Pico No. 1 lane WB west of Calle Del Cerro 1
12 Ave. Pico WB No. 4 lane at Frontera intersection 1
13 Ave. Pico WB No. 3 lane west of SCHS intersection 1
14 Camino Del Rio EB across from Brillante 1
15 Los Mares EB before Camino Del Rio roundabout 1
16 Los Mares WB No. 1 lane at Portico Del Sur inter. 1
17 Los Mares WB No. 2 lane west of Ave. Vaquero 1
18 Camino Vera Cruz NB at Sarmentoso intersection 1
19 S. El Camino Real NB No. 2 at E. San Gabriel 1
20 S. El Camino Real NB No. 1 at W. San Gabriel 1
21 S. El Camino Real NB No. 2 lane at Ave. Presidio 1
22 S. El Camino Real NB No. 2 lane across from Esplanade 1 23 Ave. Vista Hermosa EB No. 2 before Sports Park 1
24 Ave. Vista Hermosa WB No. 2 lane before Cam. Faro 1
25 Ave. Vista Hermosa WB No. 2 lane at Camino Faro 1
26 N. ECR NB lane at Cm. San Clemente intersection 1
27 675 Camino De Los Mares WB No. 2, 3 lanes 1
28 653 Camino De Los Mares WB No. 3 lane 1
29 Ave. La Pata No. 1 lane NB before Del Cerro 1
30 Ave. La Pata No. 3 lane SB south of Fire Station #59 1 TOTAL 18 4 8
(*) Sewer MH (38" lid)
ATTACHMENT 2
2110
ATTACHMENT 3
SECTION 00500

CONTRACT

THIS CONSTRUCTION CONTRACT PAVEMENT PRESERVATION PROGRAM - UTILITY ADJUSTMENTS, PROJECT NO. 13321 (“Contract”) is made this _____ day of _________, 2024, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and EBS Utilities Adjusting, Inc., a California corporation, hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

PAVEMENT PRESERVATION PROGRAM - UTILITY ADJUSTMENTS, Project No. 13321 The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 20 working days from the commencement date stated in the Notice to Proceed.

By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Seventy-Four Thousand One Hundred Eighty-Five Dollars ($74,185). Payment shall be made as set forth in the General Conditions.

At any time during the term of the Contract, City may, pursuant to the terms and provisions of the Contract Documents, request that the Contractor perform additional work. Contractor shall not perform, nor be compensated for, additional work without prior written authorization from the City pursuant to the terms and provisions of the Contract Documents. Approved additional work shall not exceed the 10% project contingency of $7,418 without prior approval of the City Council.

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with government code section 53069.85, it is agreed that the contractor will pay city the sum of $500 for each and every calendar day of delay beyond the time prescribed in the contract documents for finishing the work, as liquidated damages and not as a penalty or forfeiture. In the event that liquidated damages are not paid, the contractor agrees city may deduct that amount from any money due or that may become due the contractor under the contract. This article does not exclude recovery of other damages specified in the contract documents.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Form
2111
ATTACHMENT 3
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at CITY CLERK, CITY OF SAN CLEMENTE or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.
[SIGNATURES ON FOLLOWING PAGE]
2112
ATTACHMENT 3
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the date first indicated above.

CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST:
______________________________ Dated: ____________________, 20____ CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
______________________________
Elizabeth A Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization
EBS Utilities Adjusting, Inc.,
a California corporation
(“CONTRACTOR”)
By:_____________________________
Thomas Elio Nanci, Chief Executive
Officer, Chief Financial Officer
Dated: __________________, 2024
By:_____________________________
Joseph Donald Nanci, Secretary
Dated: __________________, 2024

END OF CONTRACT
2113
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 18, 2024 Agenda Item: 11P.

Submitted By: Public Works
Prepared By: Niki Beach, Environmental Programs Analyst Subject:
..titl e
CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO G2 CONSTRUCTION INC. FOR THE PURCHASE AND INSTALLATION OF STORM DRAIN

TRASH CAPTURE DEVICES FOR THE AVENIDA PICO AND SAN CLEMENTE OUTLETS CORRIDOR RUNOFF TREATMENT PROJECT, PROJECT NO. 23805, AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AGREEMENT AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body Fiscal Impact:

The total estimated project cost is $480,000, which has previously been allocated within the Clean Ocean Fund in the Fiscal Year 2024 Budget. To minimize the impact on the Clean Ocean Fund Reserve, the City applied for and was awarded a grant of $328,000 through the Orange County Transportation Authority (OCTA) Environmental Cleanup Program, which will be funded at project completion. The net project costs are thus anticipated to be $82,000.

Summary:

Before the City Council is the approval of a construction contract with G2 Construction, Inc. in the amount of $410,000 for installation of trash capture devices in 80 storm drains in the Avenida Pico and San Clemente Outlets area, which is the third phase of an ongoing effort to retrofit catch basins in order to improve ocean water quality.

The City is required by the California State Water Resources Control Board to install a total of 559 catch basin inserts that capture litter and trash greater than 5 mm in size throughout hightraffic areas, such as multifamily developments and commercial areas, by 2030. A total of 166 catch basin inserts have been installed in recent years, through Phases 1 and 2 of the catch basin insert project.

Background:

The California State Water Resources Control Board currently has a requirement for cities to install trash capture devices that remove litter and trash down to 5mm in size, to prevent this debris from reaching receiving waters such as rivers, creeks and the Pacific Ocean. Cities have until 2030 to retrofit catch basins that drain commercial, industrial and high-density residential land uses, also known as priority land use areas, to comply with the regulation, commonly known as the Trash Amendments to the Municipal Separate Storm Sewer System (MS4) Permit.

Attachment 1 provides a map of these Priority Land Use Areas.

In May 2010, the OCTA Board of Directors approved the Environmental Cleanup Allocation Program to make funds available through the Environmental Cleanup Program to help protect 2114
Meeting Date: June 18, 2024 Agenda Item: 11P.

CITY OF SAN CLEMENTE 2
Orange County beaches and waterways from transportation-generated pollution in stormwater and urban runoff and improve overall water quality. The OCTA Board of Directors approved a two-tier grant approach to the Environmental Cleanup Allocation Program; Tier 1 funding is focused on small localized projects, while Tier 2 funding consists of regional, potentially multijurisdictional capital-intensive projects. The Measure M2 (M2) Project X Environmental Cleanup Program (Project X Program) establishes a competitive process for projects that improve water quality in Orange County from transportation-generated pollution. The funds are designed to supplement existing transportation-related water quality programs. Because of the competitive nature of the application process, not all cities submitting applications will be guaranteed grant funding.

Tier 1 of the Project X Program is designed to mitigate the more visible form of pollutants such as litter and debris that collects on roadways and in storm drains prior to being deposited in waterways and the ocean. The grant program can fund equipment purchases and upgrades to existing catch basins and related best management practices (BMPs) such as screens, filters, inserts and other street-scale low-flow diversion projects.

The City was awarded a $328,000 M2 Project X ECP Tier 1 Grant from OCTA in fall of 2023. This project will entail retrofitting 80 City storm drain catch basins in the Avenida Pico and San Clemente Outlets area. This project will retrofit 14% of the required 559 storm drains. See Attachment 2 for a map of the 66 catch basins proposed for retrofit.

Depending on the characteristics of each catch basin in the project, one of two types of trash capture devices -- Grate Inlet Screens (GITS) or Connector Pipe Screens (CPS) –are proposed to meet the requirement to fully capture debris down to 5mm in size, inclusive of material as small as a cigarette butt. Each CPS would be installed inside the catch basin vault at its outlet, and a Vactor truck would be utilized to regularly remove this debris from the catch basin. Each CPS device also has an overflow component so that during extreme rain events, the stormwater can overtop the CPS device and flow from the vault to prevent street flooding.

Full-capture Connector Pipe Screen
(CPS):

Full-capture Grate Inlet Trash Screen
(GITS):
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CITY OF SAN CLEMENTE 3
In addition, Automatic Retractable Screens (ARS) would be installed at the opening of each catch basin where feasible to trap larger debris such as cups, straws and other litter before they can enter the catch basin vault, in conjunction with full capture screens in several catch basins where they would improve functionality and reduce maintenance burdens. Street sweepers can collect this captured debris during routine street sweeping processes.

Automatic Retractable Screen (ARS):

The Grant guidelines allow for use of pre-qualified contractors and devices. The County of Orange Public Works (County) partnered with OCTA on a strategy to secure volume discounts for the purchase and installation of trash and debris control devices that would fulfill the requirements of the grant program and meet the SWRCB’s full capture equivalency of capturing debris down to 5 mm in size. The County pre-qualified six contractors through a formal bid process to purchase and install specific trash control devices (Attachment 3).

The OCTA M2 Project X ECP Grant Guidelines require that the devices proposed in the grant applications must be the product installed for projects awarded funding. City staff reviewed devices from the six approved contractors listed in Attachment 3 and determined that the three products proposed by G2 Construction for installation in San Clemente catch basins had the appropriate specifications for the catch basins proposed for retrofit, were of excellent quality material and design, and were comparable in price to other contractor devices. Thus, City staff included three G2 Construction devices in the City’s grant application. See Attachment 4 for a copy of the contract between County of Orange, Public Works and G2 Construction.

Utilities Staff recommend entering into a contract with G2 Construction (Attachment 5) using the existing contract between the County of Orange, Public Works and G2 Construction as a “piggyback” under California Public Contract Code 20652. This code allows for the use of “piggyback” contracts from other public agencies. The City was awarded $328,000 from OCTA in grant funding and will provide the required 20% match amount of $82,000. City Council approved the submittal of the grant application (https://www.sanclemente.org/home/showpublisheddocument/73796/638169908913663079) and the expenditure of the required match via Resolution No. 23-19 at its April 18, 2023 meeting (Attachment 5). 2116
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CITY OF SAN CLEMENTE 4
Total project costs, including overhead and staff costs, are estimated as follows:

Administration, Permitting and Engineering Design $10,000 Construction Management and Inspection 20,000
Construction 410,000
Construction Contingency (approx. 10%) 40,000
Total Estimated Project Cost $ 480,000
Council Options:
 Adopt Resolution No.24-106, awarding the construction contract to G2 Construction, Inc., authorizing the City Manager to execute a Construction Contract in an amount not to exceed $410,000 for the Avenida Pico and San Clemente Outlets Corridor Runoff Project, Project No. 23805, and finding the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR Section 15301) of the State CEQA Guidelines.  Modify and Adopt Resolution No. 24-106.
 Continue the item and direct staff to provide additional information.  Do not award the contract or install the trash capture devices and forgo the associated grant funding.

Environmental Review/Analysis:

The recommended action and subject project is categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR Section 15301) of the State CEQA Guidelines, and has no potential result in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 24-106, which will:

1. Find the Avenida Pico and San Clemente Outlets Corridor Runoff Treatment Project, Project No. 23805, categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing facilities, 14 CCR Section 15301) of the State CEQA Guidelines;

2. Award the Avenida Pico and San Clemente Outlets Corridor Runoff Treatment Project, Project No. 23805, contract to G2 Construction, Inc.; and

3. Authorize the City Manager to execute a contract with G2 Construction, Inc., in an amount not to exceed $410,000 in a form substantially similar to Contract No. C24-36 (Attachment 6) for the Avenida Pico and San Clemente Outlets Corridor Runoff Treatment Project, Project No. 23805.
..end
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CITY OF SAN CLEMENTE 5
Attachment:

1. City Map of Priority Land Use Areas

2. San Clemente OCTA Grant Project Map

3. Orange County Public Works Contract Award Letter to G2 Construction

4. Orange County Public Works Contract with G2 Construction, Inc. for Trash and Debris Capture Devices

5. City Council Resolution No. 23-19

6. City of San Clemente Contract with G2 Construction, Inc.

7. Resolution No. 24-106
Notification:

G2 Construction, Inc.
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Legend
Vortex Drainage Area
San Clemente Priority Land Use
Commercial
High-Density Residential
Industrial
Non-PLU
ATTACHMENT 1
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City of San Clemente

PROJECT MAP
Avenido Pico and San Clemente Outlets Corridor
Runoff Treatment Project
33 ATTACHMENT 2
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ATTACHMENT 4
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DocuSign Envelope ID: D5C598B6-4AF4-4B3C-8743-1D974A17C101 County of Orange, OC Public Works
G2 Construction, Inc.

MA-080-20011478
AMENDMENT No.l
FOR

TRASH AND DEBRIS CAPTURE DEVICES
This AMENDMENT is made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California (“County”) and G2 Construction, Inc., with a place of business at 1352 E. Boarchard Ave., Santa Ana, CA 92705 (“Contractor”), with County and Contractor sometimes individually referred to as “Party” or collectively referred to as “Parties”.

RECITALS
WHEREAS, County and Contractor entered into Contract MA-080-20011478 for Trash and Debris Capture Devices, effective June 3, 2020 through June 2, 2025 ( “Contract”); and, WHEREAS, the Parties now desire to amend the Pricing Clause of the Contract effective October 5, 2021; and,
NOW THEREFORE, the Parties agree as follows:

AMENDMENT TO CONTRACT ARTICLES

1. Attachment B, Section B, shall be amended to read in its entirety as follows:

PRICING
Product 1 of 3
CPS-Mod patented Modular Design
Offered With or Without Installation
Water Board Certified Full Trash Capture System
Orange County Volume Discounts
1-2 3-5 6-20
Devices
21-100
Devices
101-500
Devices
501+
Devices PRODUCT SIZES Unit Devices Devices
Device &
Install Up to 6.0 SOFT of stainless steel $2,359 $2,120 $1,680 $1,284 $1,241 $1,199 screen & deflector, if needed. 18"
CB discharge pipe max. Device Only $1,623 $1,499 $1,154 $899 $874 $849 Device &
Install Up to 9.0 SOFT of stainless steel $2,910 $2,472 $1,916 $1,524 $1,408 $1,362 screen & deflector, if needed. 24"
CB discharge pipe max. Device Only $2,226 $1,884 $1,413 $1,142 $1,056 $1,028 Device &
Install Up to 11.0 SOFT of stainless $3,324 $2,822 $2,180 $1,718 $1,636 $1,554 steel screen & deflector, if needed.
30" CB discharge pipe max. Device Only $2,680 $2,268 $1,701 $1,375 $1,306 $1,237 CPS-Mod Mini* - Up to 4.5 SOFT
screen. ’Customer to verify FCS
Device &
Install $1,887 $1,696 $1,344 $1,027 $993 $960
Larger & Custom devices are custom priced.

Price shown per Device. Shipping costs and taxes on non-installed devices are additional.Bond costs additional.

Combo-Discount ($50) when new CPS-Mod and ARS-CL installed in same catch basin on same project.

C026659 Page 1 of 6 Rev. 10/03/2019
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DocuSign Envelope ID: D5C598B6-4AF4-4B3C-8743-1D974A17C101 County of Orange, OC Public Works
G2 Construction, Inc.

MA-080-20011478
6-20
Units
21-100
Units
101-500
Units
501+
Units
Unit 1-2 Units 3-5 Units
PRODUCT OPTIONS Additional Cost per Unit

SOFT SS
Screen Larger Size Stainless Steel Screen $135 $113 $113 $113 $113 $113 Mosquito Abatement Deflector Deflector $320 $306 $288 $275 $261 $248 Removable System CPS-Mod $387 $367 $350 $329 $315 $298
Hemmed Top for smoother edges CPS-Mod $137 $137 $137 $103 $103 $86 Extra Bracing (eg. inbound pipes) CPS-Mod $514 $514 $450 $321 $268 $268

INSTALLATION OF PRODUCT
PROJECT BONDS (If Required) Project Cost 4.0% 4.0% 4.0% 4.0% 3.5% 3.0% Install Travel (In Orange County) Project Loc. FREE FREE FREE FREE FREE FREE Catch Basin (CB) Cleaning 1 CB $280 $224 $112 $56 $50 $47 Staff Gauge Painting CB $230 $184 $92 $81 $71 $69
Traffic Control during installation 6 Hours $2,613 $2,613 $2,427 $2,427 $2,427 $2,427 Training Contractor 1 Day $5,600 $5,600 $5,600 $5,600 $5,040 $4,480 Remote Support (phone or online ) 1 Hour $138 $131 $125 $118 $112 $107

FIELD SERVICES
Product Maintenance Inspections Device $280 $224 $168 $84 $56 $56 Locating CBs and inlets. CB $224 $224 $168 $84 $56 $56
CB Field Review/ measurement. CB $224 $224 $168 $84 $56 $56 Collecting Lat. / Long, of CBs CB $224 $224 $168 $84 $56 $56

PROFESSIONAL SERVICES
Custom Product Design Hourly $250 $168 $168 $168 $168 $168 Custom Drawings - Product Device $336 $294 $252 $252 $252 $210 Project Management Hourly $150 $150 $138 $120 $120 $120 C026659 Page 2 of 6 Rev. 10/03/2019
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DocuSign Envelope ID: D5C598B6-4AF4-4B3C-8743-1D974A17C101 County of Orange, OC Public Works
G2 Construction, Inc.

MA-080-20011478

PRICING
Product 2 of 3
GITS Grated Inlet Trash Screen Water Board Certified Full Trash Capture System With or Without Installation Orange County Volume Discounts GITS
Models
1-2 3-5 6-20
Devices
21-100
Devices
101-500
Devices
501
Devices PRODUCT SIZES Unit Devices Devices
Device &
Install $2,909 $2,499 $2,299 $2,149 $1,999 $1,899 Rectangular Grate 24"x 24" (or less)
GITS24x24 Device
Only $2,699 $2,290 $2,090 $1,940 $1,790 $1,690
Device &
Install $3,243 $2,736 $2,536 $2,386 $2,236 $2,136 Rectangular Grate 40"x 24" (or less)
GITS40x24 Device
Only $2,969 $2,463 $2,263 $2,113 $1,963 $1,863
Device &
Install $3,061 $2,526 $2,326 $2,176 $2,026 $1,926 Round 26" Diameter Grate (or less)
GITS26R Device
Only $2,861 $2,319 $2,119 $1,969 $1,819 $1,719
Device &
Install $4,037 $3,549 $3,449 $3,349 $3,249 $3,149 Round 39" Diameter Grate (or less)
GITS39R Device
Only $3,779 $3,295 $3,195 $3,095 $2,995 $2,895
Larger and Custom GITS-Custom custom custom custom custom custom custom GITS LoPRO* - 5" Depth Design.
‘Customer to verify FCS .

Up to 30% discount on select models.

Price shown per Device. Shipping costs and taxes on non-installed devices are additional.Bond costs additional.

Product
Code
1-2 3-5 6-20
Devices
21-100
Devices
101-500
Devices
501+
Devices PRODUCT OPTIONS Unit Devices Devices
Additonal Cost per Unit

SOFT SS
Screen Vector Control Port VECT $334 $287 $239 $239 $239 $239 Inlet Steps - Custom
Design STEPS GITS $624 $535 $446 $423 $401 $379
Custom Drawings -
Product
GITS
Drawing DRAW $335 $293 $251 $251 $251 $209

FILTRATION OPTIONS
Hydrocarbon
Polypropylene Filter
(18"x24"x3")
HCPF-PIL Filter $71 $68 $58 $53 $50 $47
Others Available Deflector vanes varies vanes varies vanes vanes

INSTALLATION OF PRODUCT
Project PROJECT BONDS BONDS 4.0% 4.0% 4.0% 4.0% 3.5% 3.0% Cost
Project Install Travel (In OC) OC FREE FREE FREE FREE FREE FREE Loc.

Inlet Cleaning prior to
installation CB Clean 1 CB $279 $223 $112 $56 $50 $47
Traffic Control during
installation.

TC-1Day 6 Hours $2,613 $2,613 $2,427 $2,427 $2,427 $2,427 Remote Support
(phone or online )
Supportl 1 Hour $138 $131 $125 $118 $112 $107 Hr
SEE PRICING for Field Services & Professional Services on CPS-Mod Pricing Sheet C026659 Page 3 of 6 Rev. 10/03/2019
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DocuSign Envelope ID: D5C598B6-4AF4-4B3C-8743-1D974A17C101 County of Orange, OC Public Works
G2 Construction, Inc.

MA-080-20011478

PRICING
Product 3 of 3
ARS-CL Patented CamLock Automatic Retractable Screen
With Installation
Orange County Volume Discounts
SIZE:

Catch Basin
Width (ft)
1-2 Catch
Basins
(CBs)
Unique
Screens
per CB
ARS-CL
Model
21-100 101-500 Unit 3-5 CBs 6-20 CBs 501+ CBs CBs CBs
up to 3' 1 ARS-CL-03 CB $2,121 $1,856 $1,591 $1,098 $1,054 $1,010

3.1 - 5' 1 ARS-CL-05 CB $2,433 $2,121 $1,809 $1,435 $1,363 $1,291

5.1*
- 7’ 2 ARS-CL-07 CB $3,950 $3,430 $2,911 $2,516 $2,390 $2,264

7.1 - 10* 2 ARS-CL-10 CB $4,231 $3,842 $3,242 $2,762 $2,623 $2,485

7.1 - 10' x 3 ARS-CL-10X CB $5,066 $4,592 $4,044 $3,407 $3,237 $3,066

10.1 - 14' 3 ARS-CL-14 CB $5,458 $4,678 $4,093 $3,586 $3,407 $3,228

10.1 - 14' x 4 ARS-CL-14x CB $6,514 $5,556 $4,828 $4,426 $4,204 $3,983

14.1 - 16' 4 ARS-CL-16 CB $6,655 $5,647 $5,102 $4,638 $4,407 $4,175

16.1 - 21' 5 ARS-CL-21 CB $8,067 $6,806 $6,101 $5,798 $5,508 $5,218

16.1 - 21' x 6 ARS-CL-21X CB $8,725 $7,318 $6,811 $6,473 $6,150 $5,826

21.1 - 28' 6 ARS-CL-28 CB $8,888 $7,703 $7,170 $6,814 $6,473 $6,133

21.1 - 28' x 8 ARS-CL-28x CB $10,883 $9,757 $9,082 $8,256 $7,843 $7,430

28.1 - 35' x 10 ARS-CL-35x CB $12,683 $11,557 $10,882 $10,056 $9,643 $9,230 Price shown per Catch Basin (CB). Bonds costs not included. Traffic control additional.

Note: Models with "x" indicates the CB has an extra support bolt. 21-100
Units
101-500
Units Unit 1-2 Units 3-5 Units 6-20 Units 501+ Units
PRODUCT OPTIONS Additional Cost per Unit
Bolt-In Connections (Not Welded) CB Add 15%
Fixed Screen Option CB Subtract 15%

INSTALLATION OF PRODUCT
Project CONTRACT BONDS (If Req’d) 4.0% 4.0% 4.0% 4.0% 3.5% 3.0% Cost Project Install Travel (In OC) FREE FREE FREE FREE FREE FREE Loc.

Traffic Control during install. 6 Hours $2,613 $2,613 $2,427 $2,427 $2,427 $2,427 Catch basin top deck repair. varies
SEE PRICING for Field Services & Professional Services on CPS-Mod Pricing Sheet C026659 Page 4 of 6 Rev. 10/03/2019
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DocuSign Envelope ID: D5C598B6-4AF4-4B3C-8743-1D974A17C101 County of Orange, OC Public Works
G2 Construction, Inc.

MA-080-20011478
All other terms and conditions in this Contract shall remain unchanged and with full force and effect.

2. C026659 Page 5 of 6 Rev. 10/03/2019
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DocuSign Envelope ID: D5C598B6-4AF4-4B3C-8743-1D974A17C101 County of Orange, OC Public Works
G2 Construction, Inc.

MA-080-20011478
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the date first above written.

G2 CONSTRUCTION, INC.*
By: By:

Print
Name:

Print
Name:

John R . Alvarado Lydia G . Alvarado
President Treasurer Title: Title:

Corporate Officer
10/6/2021
Corporate Officer
10/6/2021 Date: Date:

COUNTY OF ORANGE, a political subdivision of
the State of California
'THolvote**
'fW By:

Print
Name: Nicholas Murray
Title: Deputy Purchasing Agent
10/7/2021 Date:
* If the contracting party is a corporation, (2) two signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. For County purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signator to bind the corporation.

C026659 Page 6 of 6 Rev. 10/03/2019
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ATTACHMENT 5
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55452.01510\32977834.2
1 CITY OF SAN CLEMENTE

CONSTRUCTION CONTRACT

AVENIDA PICO AND SAN CLEMENTE OUTLETS CORRIDOR

RUNOFF TREATMENT PROJECT

1. PARTIES AND DATE.

This Contract is made and entered into this ___ day of June, 2024 by and between the City of San Clemente, a public agency of the State of California (“City”) and G2 Construction, a Corporation with its principal place of business at 1352 East Borchard Ave., Santa Ana, CA 92705 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing Installation of Storm Drain Trash Capture Devices related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: California Contractor License “A.”

2.3 Project. City desires to engage Contractor to render such services for the Avenida Pico and San Clemente Outlets Corridor Runoff Treatment Project (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
x Services/Schedule (Exhibit “A”)
x Plans and Specifications (Exhibit “B”)
x Special Conditions (Exhibit “C”)
x Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) x Public Works Contractor Registration Certification (Exhibit “E”) x Payment and Performance Bonds (Exhibit “F”)
x Federal Requirements (Exhibit “G”)
x Insurance Requirements (Exhibit “H)
$77$&+0(17
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2 x Addenda
x Change Orders executed by the City
x 2021 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-8
x Notice Inviting Bids, if any
x Instructions to Bidders, if any
x Contractor’s Bid

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article.

The burden of proof as to the equality of any material, process or article shall rest with Contractor. 2164
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3 The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance.

3.3.1 Contract Time. Contractor shall perform and complete all Work under this Contract within 120 WORKING DAYS, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.2 Force Majeure. Neither City nor Contractor shall be considered in default of this Contract for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Contract, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; pandemics or epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. Should such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Contract. Contractor’s exclusive remedy in the event of delay covered under this section shall be a non-compensable extension of the Contract Time.

3.3.3 Liquidated Damages. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Eight Hundred Dollars ($800) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the 2165
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4 State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Four Hundred Ten Thousand Dollars ($410,000.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments. 2166
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5 3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items. 2167
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6 3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as 2168
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7 determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one 2169
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8 acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state 2170
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9 and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II 2171
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10 or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes. 2172
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11 3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions. 2173
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12 3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.

3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.

3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 2174
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13 3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such 2175
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14 Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend (with counsel reasonably approved by City), indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.12.2 Additional Indemnity Obligations. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in 2176
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15 connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.13 Insurance. Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Exhibit “H” attached hereto and by this reference incorporated herein.

Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty 2177
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16 at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.15.1 Warranty Bonds. At the time of completion of the project and prior to acceptance, a warranty bond in the amount of 25% of the contract price shall be required for a period of one (1) year after City recordation of Notice of Completion.

3.16 Employee/Labor Certifications.

3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he 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 Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. 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.

3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.17 General Provisions.
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17 3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City
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approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing 2179
55452.01510\32977834.2
18 thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

G2 Construction Inc.
1352 East Borchard Ave.

Santa Ana, CA 92705
Attn: Eric Taylor
CITY:

City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attn: Niki Beach, Environmental Programs Analyst
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

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

3.17.10 Laws, Venue, and Attorneys’ Fees. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Orange, State of California.

3.17.11 Counterparts/Electronic Signature. This Contract may be executed in counterparts, each of which shall constitute an original. This Contract may be executed electronically with the same force and effect as an original ink signature. Bonds, if required, must be signed with original ink signatures and accompanied by notary acknowledgments.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved]

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely 2180
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19 for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. 2181
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20 [SIGNATURES ON NEXT PAGE]

2182
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21 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:____________________________
Andy Hall, City Manager
ATTEST: Dated: _______________, 20____
_____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

G2 Construction Inc.
(“CONSULTANT”)

By:_____________________________
John Ralph Alvarado, Chief Executive
Officer/Chief Financial Officer
Dated: __________________, 20____

By:_____________________________
Lydia Gonzales Alvarado, Secretary
Dated: __________________, 20____
2183
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22 EXHIBIT “A”

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City Council Approval of Resolution April 18, 2023
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City Council Approval of Contract August 15, 2023
City Award of Contract to Contractor August 15, 2023
START - Contractor
Construction/Installation September 15, 2023
COMPLETION - Contractor
Construction/Installation December 23, 2023

DETAILED PROJECT SCHEDULE
OCTA ECP Project X 2023-2024

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55452.01510\32977834.2
- 23 -
EXHIBIT “B”

PLANS AND SPECIFICATIONS
(SEE ATTACHED EXHIBIT A)
2216
55452.01510\32977834.2
- 24 -
EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract.

Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
2217
55452.01510\32977834.2
- 25 -
EXHIBIT “D”

WORKERS COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION

I hereby affirm under penalty of perjury one of the following declarations:

(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:

Carrier____________________________________________________ Policy Number______________________________________________

I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker’s compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION COVERAGE IS

UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN

ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES. 2218
55452.01510\32977834.2
- 26 -
Dated: ________________________, 20____
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
2219
55452.01510\32977834.2
- 27 -
EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
x Contractor shall maintain a current DIR registration for the duration of the project. x Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. x Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
2220
55452.01510\32977834.2
- 28 -
EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS

2221
55452.01510\32977834.2
- 29 -

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of San Clemente (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title

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(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

Individual

Corporate Officer
Title(s) Title or Type of Document

Partner(s)
Limited

General Number of Pages

Attorney-In-Fact

Trustee(s)

Guardian/Conservator Date of Document

Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Clemente (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or 2226
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subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

Individual

Corporate Officer
Title(s) Title or Type of Document

Partner(s)
Limited

General Number of Pages

Attorney-In-Fact

Trustee(s)

Guardian/Conservator Date of Document

Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

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EXHIBIT “G”

FEDERAL REQUIREMENTS
(NOT APPLICABLE)
EXHIBIT “H”
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INSURANCE REQUIREMENTS

3.13 Insurance.

3.13.1 Time for Compliance. Contractor shall not commence work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract as required in section 1.1.12 of this agreement.

3.13.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Contract for work to be performed hereunder, and without limiting the indemnity provisions of the Contract, the Contractor, in partial performance of its obligations under such Contract, shall procure and maintain in full force and effect during the term of the Contract the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, and shall be no 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 limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Contract.
(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 shall be in an amount of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(D) Contractors Pollution Liability: Not used.

3.13.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Contract.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms of purposes of this Contract. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the 2230
55452.01510\32977834.2
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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) Workers' Compensation:
(1) 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.
(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.

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

3.13.5 Waiver of Subrogation. All policies of Commercial General Liability, Automobile Liability insurance (if required) shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.13.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention in excess of $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.13.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Contract, 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 2231
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to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

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

3.13.9 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.

3.13.10 Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.13.11 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.

3.13.12 Insurance for Subcontractors. Contractor shall include all Subcontractors as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing Subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as additional insureds to the Subcontractor's policies. All policies of Commercial General Liability insurance provided by Subcontractors 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. Contractor shall not allow any Subcontractor to commence work until it has received satisfactory evidence of Subcontractor’s compliance with all insurance requirements under this Contract, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 2232
ATTACHMENT 7
RESOLUTION NO. 24-106

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A
CONSTRUCTION CONTRACT TO G2 CONSTRUCTION,
INC. FOR THE AVENIDA PICO AND SAN CLEMENTE

OUTLETS CORRIDOR RUNOFF TREATMENT PROJECT IN
AN AMOUNT NOT TO EXCEED $410,000, AUTHORIZING

THE CITY MANAGER TO EXECUTE THE CONTRACT, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION
15301) OF THE STATE CEQA GUIDELINES
WHEREAS, the City of San Clemente owns and operates a Municipal Separate Storm Sewer System (MS4) for the purposes of separating stormwater flows from the collection of municipal wastewater and protecting infrastructure and private property; and WHEREAS, under the National Pollutant Discharge Elimination System (NPDES), the City must comply with the conditions of a valid permit for discharges from its MS4, specifically, Order Number R9-2013-0001, as amended by Order Nos. R9-2015-0001 and R9-2015-0100, issued and enforced by the San Diego Regional Water Quality Control Board (“MS4 permit”); and
WHEREAS, the City also must comply with the 2015 Trash Amendments to the MS4 permit, which require full capture of trash greater than 5 mm in diameter in all high-traffic Priority Land Use areas; and
WHEREAS, the City intends to accomplish compliance with the Trash Amendments by “piggybacking” on the County of Orange Master Agreement with G2 Construction, Inc., which was executed for the purpose of assisting cities with such compliance, and which is permissible under California Public Contract Code 20652; and WHEREAS, the City finds that G2 Construction, Inc. can provide quality catch basin inserts at fair pricing and in a manner eligible for the $328,000 in previously awarded OCTA Environmental Cleanup Program grant funding.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

Section 1. That the above recitations are true and correct and incorporated fully herein.

Section 2. That the project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of it consists of repair of existing public facilities involving no expansion of an existing use and there is no possibility of a direct or reasonably foreseeable indirect substantial impact on the environment. 2233
Resolution No. 24-106 Page 2
Section 3. That the Construction Contract for the Avenida Pico and San Clemente Outlets Corridor Runoff Treatment Project, Project No. 23805, is hereby awarded to G2 Construction, Inc.

Section 4. That the City Manager is authorized and directed to execute a construction contract for the Avenida Pico and San Clemente Outlets Corridor Runoff Treatment Project, Project No. 23805 with G2 Construction, Inc. in an amount not to exceed $410,000, in a form substantially similar to that presented to the City Council on June 18, 2024 and to take such action and execute such other and further documents as may be necessary and proper to accomplish the purposes of this resolution.

Section 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
2234
Resolution No. 24-106 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-106 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
2235
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 18, 2024 Agenda Item: 11Q.

Submitted By: Public Works
Prepared By: Belgin Cuhadaroglu, Associate Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO ACE CAPITAL ENGINEERING, INC. FOR THE CITY HALL STANDBY GENERATOR ADDITION AND ELECTRICAL DISTRIBUTION SYSTEM UPGRADE, CIP PROJECT NO. 14812, IN THE AMOUNT OF $551,994, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION ..body CONTRACT, AND APPROVING A 15% PROJECT CONTINGENCY Fiscal Impact:

The estimated total project construction cost of $674,794 is within the available approved project budget of $711,466 from Account No. 030-818-45300-000-14812.

Summary:

A stationary standby generator in the northwest corner of the City Hall parking lot is proposed to improve the power system reliability for City Hall in the event of a power outage. The generator is designed to provide 72 hours of operation, including the Orange County Sheriff Department (OCSD) Substation.

Before the City Council is the award of a construction contract to ACE Capital Engineering, Inc., in the amount not to exceed $551,994, and approval of a 15% project contingency of $82,800 for the installation of the standby generator.

Project
Location
N
2236
Meeting Date: June 18, 2024 Agenda Item: 11Q.

CITY OF SAN CLEMENTE 2
Background:

The City pre-purchased a 350kW generator with a 72-hour run sub-base fuel tank and related electrical components is proposed to be installed by the proposed contractor within the City Hall parking lot to provide redundant back-up operating power for the City Hall building, including the OCSD Substation during a power outage.

On April 20, 2021, the City Council accepted a grant, in the amount of $300,000, from the California Office of Emergency Services' Community Power Resiliency Allocation program and allocated the grant to the Orange County Sheriff Department (OCSD) Substation project budget (Attachment 4). On August 16, 2022, the City Council approved a purchasing contract with Caterpillar Inc. (CAT), in the amount of $350,000, for a Standby Generator Equipment and Related Distribution Systems (Attachment 5).

Michael Baker International (MBI) designed and prepared a bid package to install the standby generator and electrical distribution system. The project includes the installation of the 350kW generator, generator distribution switchboard (GDB) along with four automatic transfer switches (ATS) on the north side of the building, associated conduits, cables, and appurtenances.

Staff notified local contractors, and advertised the project for competitive bidding on the Planet Bids website and in the SC Times. Eight bids were received on June 4, 2024, ranging from $357,250 to $1,775,671 (for the Base Bid). The results are presented below.

Company Name
Company
Location
Base Bid
Amount
Base Bid +
Alternate Bid
Amount
Potential Electrical Design
Services La Jolla, CA 357,250 $447,250.00
Ace Capital Engineering Lake Forest, CA 535,815 $551,994.00 Mel Smith Electric, Inc. Stanton, CA 650,000 $651,280.00 M. Brey, Inc. Beaumont, CA 649,156 $664,118.00
Cora Constructors Inc. Palm Desert, CA 715,000 $718,000.00 2237
Meeting Date: June 18, 2024 Agenda Item: 11Q.

CITY OF SAN CLEMENTE 3
PC Inc. Santa Maria, CA 720,857 $756,899.80
GCI Construction, Inc. San Clemente, CA 799,500 $808,500.00 Global Power Group, Inc Lakeside, CA 1,775,671 $1,857,421.00 The apparent lowest bid for the base bid amount is Potential Electrical Design Services, Inc. of La Jolla, California, at $357,250. However, they failed to submit the required bid proposal forms (including designation of subcontractors) and failed to submit a bid bond. Therefore, their bid is not responsive bid with the requirements of the Contract Documents and staff recommends that their bid be rejected as non-responsive.

A city generally has the discretion to determine bid responsiveness and may either demand strict compliance with the bid specifications or can choose to waive a defect that is inconsequential or is an immaterial deviation. See Taylor Bus Serv., Inc. v. San Diego Bd. of Educ. (1987) 195 Cal.App.3d 1331, 1343. A bid defect cannot be considered inconsequential or immaterial if it gives the bidder an unfair competitive advantage or benefit over other bidders.

Potential Electrical Design Services, Inc.’s bid was non-responsive in several respects. Staff believes that at least two of the ways that the bid was non-responsive are significant and are recognized as ways that a bid defect could give an unfair competitive advantage to the bidders (specifically, the failure to specify subcontractors and the failure to submit a bid bond).

Accordingly, unless the City Council finds these defects were inconsequential and immaterial, it would not have the discretion to waive them. And, in any event, the City Council has the discretion to demand strict compliance with the bid specifications and find Potential Electrical Design Services’ bid non-responsive, which would appear to be in the best interest of the City and the public in this case. Accordingly, staff recommends that the City Council demand strict compliance with the bid documents, reject Potential Electrical Design Services, Inc.’s bid as nonresponsive and award the contract to ACE Capital Engineering, Inc. as the lowest responsive and responsible bidder.

The City received one bid from a local contractor, GCI Construction, Inc., with a base bid in the amount of $799,500. According to the San Clemente Municipal Code section 3.40.030 (E) regarding the Local Vendor Preference for a sealed bid, the maximum preference amount is $150,000. Applying the maximum preference amount, GCI’s base bid is reduced by $150,000 to $649,500. Even with the local preference applied, their bid was not the lowest responsive bid.

Contract Award:

As a public works project, the contract must be awarded to the lowest responsive and responsible bidder. The lowest responsive and responsible bidder is ACE Capital Engineering, Inc., of Lake Forest, California.

Based on the lowest base bid and alternate bid items (i.e., additional concrete demolition and repair for $16,179), the estimated construction cost for this project is as follows:

Construction Management and Inspection $40,000
Construction $551,994
Contingency (15%) $82,800
Total Estimated Construction Cost $674,794
2238
Meeting Date: June 18, 2024 Agenda Item: 11Q.

CITY OF SAN CLEMENTE 4
As required by state law and City policy, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 2).

Project plans and specifications are on file in the City Clerk’s office.

Council Options:
 Adopt Resolution No. 24-107 (Attachment 1), rejecting the apparent lowest bidder’s bid as non-responsive, awarding the contract for the City Hall Standby Generator Addition and Electrical Distribution System Upgrade to ACE Capital Engineering, Inc., and authorizing the City Manager to execute a construction contract, in the amount of $551,994 plus a 15% project contingency of $82,800.
 Modify and adopt Resolution No. 24-107, finding the bid defects immaterial and inconsequential and waiving them, awarding the contract to Potential Electrical Design Services, Inc. in the amount of $447,250, plus a 15% project contingency.  Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 24-107 and put the project on hold.

Environmental Review/Analysis:

This Project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Section 21084 of the state CEQA Guidelines, Class 3 (New Construction or Conversion of Small Structures, 14 CCR 21084). A Notice of Exemption was filed with the County of Orange Recorder’s Office on January 26, 2023 for this Project. (See Attachment 3.)
Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 24-107, which will:

1. Demand strict compliance with the bid documents and reject the bid submitted by Potential Electrical Design Services, Inc. as non-responsive;

2. Award the City Hall Standby Generator Addition and Electrical Distribution System Upgrade, CIP Project No. 14812, construction contract to ACE Capital Engineering, Inc. as the lowest responsible and responsive bidder;

3. Authorize the City Manager to execute a construction contract with ACE Capital Engineering, Inc., in an amount of $551,994, in a form substantially similar to Contract No. C24-37 (Attachment 3); and

4. Approve a 15% project contingency of $82,800.
..end
2239
Meeting Date: June 18, 2024 Agenda Item: 11Q.

CITY OF SAN CLEMENTE 5
Attachment:

1. Resolution No. 24-107

2. Contract No. C24-37

3. Notice of Exemption

4. Staff Report-April 20, 2021

5. Staff Report-August 16, 2022
Notification:

All Bidders.
2240
Attachment 1
4882-9904-3949 v1
RESOLUTION NO. 24-107

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO ACE CAPITAL
ENGINEERING, INC. FOR THE CITY HALL STANDBY

GENERATOR ADDITION AND ELECTRICAL

DISTRIBUTION SYSTEM UPGRADE, CIP PROJECT
NO. 14812, IN THE AMOUNT OF $551,994, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE

THE CONSTRUCTION CONTRACT
WHEREAS, on April 20, 2021, the City Council accepted a grant, in the amount of $300,000, from the California Office of Emergency Services' Community Power Resiliency Allocation program and allocated the grant to the Orange County Sheriff Department (OCSD) Substation project budget; and WHEREAS, on August 16, 2022, the City Council approved a purchasing contract with Caterpillar Inc. (CAT), in the amount of $350,000, for a Standby Generator Equipment and Related Distribution Systems; and WHEREAS, Michael Baker International (MBI) designed and prepared a bid package to install a standby generator and electrical distribution system for the City Hall Building; and
WHEREAS, the City conducted formal competitive bidding for the City Hall Standby Generator Addition and Electrical Distribution System Upgrade, Project No. 14812 (Project); and
WHEREAS, on June 4, 2024, the city received eight (8) bids ranging from $357,250 to $1,857,421 for the Project; and
WHEREAS, the apparent lowest bidder was Potential Electrical Design Services, Inc. of La Jolla, California, in the amount of $447,250, based on the low base bid and the alternate bid item, but its bid was not in strict conformity with the requirements of the Contract Documents in multiple respects; and WHEREAS, a city generally has the discretion to determine bid responsiveness and may either demand strict compliance with the bid specifications or can choose to waive a defect that is inconsequential or is an immaterial deviation; and
WHEREAS, demanding strict compliance with the bid documents for this project is in the best interests of the City and the public and would avoid creating 2241
Resolution No. 24-107 Page 2
4882-9904-3949 v1
a competitive advantage or benefit from waiving the defects; and WHEREAS, the lowest responsive and responsible bidder was ACE Capital Engineering of Lake Forest, California, in the amount of $551,994, based on the low base bid and the alternate bid item; and
WHEREAS, this project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Section 21084 of the state CEQA Guidelines, Class 3 (New Construction or Conversion of Small Structures, 14 CCR 21084). A Notice of Exemption was filed with the County of Orange Recorder’s Office on January 26, 2023 for this Project.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

SECTION 1. That the above recitations are true and correct and incorporated herein.

SECTION 2. That the City Council finds that the Potential Electrical Design Services’ bid was not strict compliance with the bid documents and is hereby rejected as non-responsive.

SECTION 3. That the City Council finds that ACE Capital Engineering, Inc. is the lowest responsive and responsible bidder, and the construction contract for the City Hall Standby Generator Addition and Electrical Distribution System Upgrade, Project No. 14812, is hereby awarded to ACE Capital Engineering, Inc.

SECTION 4. That the City Manager is authorized and directed to execute a construction contract for the City Hall Standby Generator Addition and Electrical Distribution System Upgrade, CIP Project No. 14812 with ACE Capital Engineering, Inc. in an amount of $551,994, in a form substantially similar to that presented to City Council on June 18, 2024.

SECTION 5. That a 15% project contingency of $82,800 for CIP Project No. 14812 is hereby approved. The City Manager is authorized to utilize the project contingency to the extent necessary and proper.

SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 2242
Resolution No. 24-107 Page 3
4882-9904-3949 v1
PASSED AND ADOPTED this _________ day of ______________, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
2243
Resolution No. 24-107 Page 4
4882-9904-3949 v1

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-107 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _____ day of ______, 2024, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, 2024.
________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
2244
Attachment 2
1 SECTION 00500

CONTRACT
THIS CONTRACT is made this _____ day of _________, 2024, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and ACE Capital Engineering, Inc., a California Corporation, located at 21771 Fernleaf Drive, Lake Forest, CA 92630, hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

CITY HALL STANDBY GENERATOR ADDITION AND ELECTRICAL DISTRIBUTION SYSTEM UPGRADE, PROJECT NO. 14812
The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within hundred (100) working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Five Hundred Fifty-One Thousand and Nine Hundred Ninety-Four dollars ($551,994). Payment shall be made as set forth in the General Conditions.

At any time during the term of the Contract, City may, pursuant to the terms and provisions of the Contract Documents, request that the Contractor perform additional work. Contractor shall not perform, nor be compensated for, additional work without written authorization from the City pursuant to the terms and provisions of the Contract Documents. This project includes an 15% contingency in the amount of Eighty-Two Thousand and Eight Hundred dollars ($82,800) for unforeseen conditions. In no event shall approved additional work exceed such project contingency, nor shall the total amount of compensation for work performed under this Contract, including approved additional work, exceed Six Hundred Thirty Four Thousand and Seven Hundred Ninety Four dollars ($634,794).

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $750 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that 2245
Attachment 2
2 amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Contract
Bid Forms
Contractor's Certificate Regarding Workers' Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at at City of San Clemente Public Works Department or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
2246
Attachment 2
3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Andy Hall, City Manager
______________________________ Dated: ____________________, 2024 CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

ACE Capital Engineering, Inc.
(“CONTRACTOR”)
By:_____________________________
Ali Mohammadi, Secretary,
Director/RMO
Dated: __________________, 2024
By:_____________________________
Rana Allafchian, CEO
Dated: __________________, 2024

END OF CONTRACT
2247
Notice of Exemptio(D Q SJ E D Form D
To: From: (Public Agency) City of San Clemente JAN 2 6 2023 Engineering Division, 910 Calle Negocio, Suite 100
ECORDER DEPARTMENT -----------�-------
San Clemente, CA. 92673; Attn: Belgin Cuhadaroglu
County Clerk BY: ____ &'::::,_ ___
DEPUTY
(Address)
County of _
o
_
ra
_
ng�
e _________ _
12 Civic Center Plaza, P.O. Box 238
Santa Ana, CA 92701
Project Title: City Hall Standby Generator Addition and Electrical Distribution System Upgrade Project Location - Specific:

The City of San clemente (the City) will install a stationary standby generator at City Hall located at 910 Calle Negocio, San Clemente, CA 92673. The project site is located within the northwest portion of City Hall on an existing paved surface parking lot. � Project Location - City: San Clemente g Dcsodptio" of Nature, Purpo_s _e -an_d _B_e -ne_fi_c,-. ar-ie_s_o_f P-r-oj-ec_t_ :

Project Location - County: Orange
t The standby generator will be installed on a concrete foundation slab within a sound attenuation enclosure within the City Hall � property. The generator will only be operated during emergency, maintenance, and testing activities. The proposed emergency � generator would help increase system reliability during power outages to benefit the residents of the City, and do not propose a � land use change. Recorded in Official Records, Orange bounty 1 Name of Public Agency Approving Project:
� Name of Person or Agency Carrying Out Project:

City of San Clemente Hugh Nguyen Clerk-Recorder
City of San Clemente. ] 11111 11111111 [11 1111111111 11111 11111 \\I\I \II\\ lll\l lllll 11111 1111 11 111 1111 NO FEE <o .*$R0014170674$*
I Exempt Status: (check one) 202385000063 9:32 am 01/26/23 � D
D Ministerial (Sec. 21080(b)(l); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
D Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
IKJ Categorical Exemption. State type and section number:

D Statutory Exemptions. State code number:
383 Vitlndx Z01

0.00 50.00 0.00 0.00 0.00 0.00 0.00 0.00
Section 15303, Class 3
------------------------
Reasons why project is exempt:

The project is eligible to receive a Categorical Exemption under Title 14, Division 6, Chapter 3, Section 21084 of the Public Resources Code. The project falls under Section 15303, New Construction or Conversion of Small Structures, of the CEQA Guidelines. Class 3 includes the construction of new, small facilities or structures, and installation of small new equipment and facilities in small structures.

Lead Agency
Contact Person: ------------ Kiel Koger Area Code/Telephone/Extension: (949) 361-6187 If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice
���
of Exemption been filed by the public agency approving the project? [Kl Yes 0No ---= Signature:-------�--�---- Date: 1/23/2023 Title: Public Works Director □ Signed by Lead Agency
□ Signed by Applicant
28 Date received for filing at OPR: ____ F_f_L_E __ D __ JAN 2 6 2023

ORANGE COUNTY CL
BY: _________ DEPUTY
Revised 2005
Attachment 3
2248
'tr:,•: . " LETTER OF TRANSMITTAL
City of San Clemente
Engineering Division
Belgin Cuhadaroglu, Associate Civil Engineer
Phone: (949) 361-6128 Fax: (949) 361-8316
To: County Clerk
County of Orange
12 Civic Center Plaza
P.O. Box 238
Santa Ana, CA 92701
Date: January 23, 2023
Subject: Notice of Exemption - City Hall
Standby Generator Addition and
Electrical Distribution System
Upgrade
Project No.: 10546
THE FOLLOWING ITEMS ARE TRANSMITTED HEREWITH:

At Your Request
For Your Review
For Your Approval
For Signature
For Revision
X For Action
For Your Information
For Your Files
Please post the enclosed Notice of Exemption for 30 days as required by CEQA guidelines.

Please return to my attention with a notation of the posting period.

Please contact me if you have any questions.

Thank you,
Belgin Cuhadaroglu
910 Calle Negocio, Suite 100, San Clemente, California 92673 2249
State of California - Department of Fish and Wildlife
2023 ENVIRONMENTAL DOCUMENT FILING FEE

CASH RECEIPT
DFW 753.5a (REV. 01/01/22) Previously DFG 753.5a
SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY.

LEAD AGENCY I LEADAGENCY EMAIL

CITY OF SAN CLEMENTE

COUNTY/STATE AGENCY OF FILING

PROJECT TITLE
Save
RECEIPT NUMBER:
30 - 01/26/2023 - 0057
STATE CLEARINGHOUSE NUMBER (If applicable)
DATE
01/26/2023

DOCUMENT NUMBER
202385000063

CITY HALL STANDBY GENERATOR ADDITION AND ELECTRICAL DISTRIBUTION SYSTEM UPGRADE

PROJECT APPLICANT NAME PROJECT APPLICANT EMAIL

CITY OF SAN CLEMENTE

PROJECT APPLICANT ADDRESS CITY
910 CALLE NEGOCIO, STE 100 SAN CLEMENTE
PROJECT APPLICANT (Check appropriate box)
0 Local Public Agency D School District 0 Other Special District CHECK APPLICABLE FEES:
0 Environmental Impact Report (EIR)
D Mitigated/Negative Declaration (MND)(ND)
STATE
CA

PHONE NUMBER
(949)361-6187

ZIP CODE
92673
0 State Agency 0 Private Entity
$ -----------

0.00 $ ________ o_.o_o
D Certified Regulatory Program (CRP) document - payment due directly to CDFW $3,839.25
$2,764.00
$1,203.25 $ ----------- 0.00
� Exempt from fee
0 Notice of Exemption (attach)
0 CDFW No Effect Determination (attach)
0 Fee previously paid (attach previously issued cash receipt copy) D Water Right Application or Petition Fee (State Water Resources Control Board only) 0 County documentary handling fee
$850.00 $
$
D other $
PAYMENT METHOD:
0 Cash O Credit

SIGNATURE
X
ORIGINAL • PROJECT APPLICANT
0 Check D Other
COPY· CDFW/ASB
TOT AL RECEIVED $

AGENCY OF FILING PRINTED NAME AND TITLE

DEPUTY CLERK, CLAUDIA FRANCO

COPY - LEAD AGENCY COPY - COUNTY CLERK

0.00 0.00

0.00 DFW 753.5a (Rev. 01012022)
2250

CITY OF SAN CLEMENTE
910 CALLE NEGOCIO STE 100
SAN CLEMENTE, CA 92673

HUGH NGUYEN

CLERK-RECORDER
AEcEIVEo
MAR 15:2023
CflY OF SAN CLEMENTE ENG!NEERING.OfV,
Office of the Orange County Clerk-Recorder
Memorandum
SUBJECT: NOTICE OF EXEMPTION
The attached notice was received, filed and a copy was posted on O 1/26/2023 It remained posted for 30 (thirty) days.

Hugh Nguyen
Clerk - Recorder
In and for the County of Orange
By: Claudia L Franco Gutierrez
Public Resource Code 21092.3
Deputy

BIRTH AND DEATH RECORDS

FICTITIOUS BUSINESS NAMES

MARRIAGE LICENSES/RECORDS

NOTARY REGISTRATION

ORANGE COUNTY ARCHIVES

PASSPORTS

PROPERTY RECORDS
The notice required pursuant to Sections 21080.4 and 21092 for an environmental impact report shall be posted in the office of the County Clerk of each county*** in which the project will be located and shall remain posted for a period of 30 days. The notice required pursuant to Section 21092 for a negative declaration shall be so posted for a period of 20 days, unless otherwise required by law to be posted for 30 days. The County Clerk shall post notices within 24 hours of receipt.

Public Resource Code 21152
All notices filed pursuant to this section shall be available for public inspection, and shall be posted *** within 24 hours of receipt in the office of the County Clerk. Each notice shall remain posted for a period of 30 days. *** Thereafter, the clerk shall return the notice to the local lead agency*** within a notation of the period it was posted. The local lead agency shall retain the notice for not less than nine months.

Additions or changes by underline; deletions by***
(714) 834-2500 ♦ FAX: (714) 834-2675 ♦ OCRECORDER.COM ♦ OCARCHIVES.COM 2251 Hugh Nguyen
Orange County Clerk-Recorder
601 N. Ross Street
Santa Ana,· CA 92701
}, r _ -Q2unt:y
(. i' FJri�l.J,i,tt<;m·: !° .-. 1/26/i3 9;32 am
�, _- sai•-,vf£tJai
Item Title
1 Z01 1
EIR: Exempt or Previously Paid
D001.:unen t ID · Alnount
POC#, 202_;385000063 .,:J,J J5_0,. 00
Time Recorded 9:32 am
Total 0.00
A:rnciunt
THANK you

PLEASE RETAIN THIS RECEIPT

FOR YOUR RECORDS
wv-1w. ocrecorder. com
2252
ii .. ➔-i
Department:

Prepared By:

Subject:
ewee

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: April 20, 2021
NWBW!Mt A illi 5W 4W®A42 WW?M
Public Works
Ziad Mazboudi, Deputy Public Works Director
Agenda Item (pe,.,,
Approvals:

City Manager 0�
Dept. Head �­
Attorney --=---
Finance "')(Jt/
-.',>

RECEIVE STATE GRANT FUNDING FOR EMERGENCY GENERATOR FOR OCSD SUBSTATION PROJECT No. 10546.

Fiscal Impact: Yes, this action will approve receipt of and allocate State grant funds in the amount of $300,000 for the emergency generator for the OCSD Substation project.

Summary: This action is to formally receive State grant funds and allocate them to the OCSD substation project as discussed below.

Discussion: Staff applied for, and received, a grant from the California Office of Emergency Services' Community Power Resiliency Allocation program. A City Council resolution to submit the grant application was not pursued as the grant program did not require a resolution, and since the grant program did not require a commitment of local . matching funds. As shared previously with the City Council, the grant will be used to procure an emergency backup generator and related electrical switchgear for the City Hall building, which includes the OCSD substation which is currently under construction. Since the City recently received a check for the entire grant amount, the recommended actions below formally accept the grant funds and allocate them to the OCSD Substation project budget.

Recommended
Action: STAFF RECOMMENDS THAT the City Council:

1. Receive State grant funds in the amount of $300,000 for emergency generator for the OCSD Substation project to General Fund Account No. 030-000-33490-000- 00000 (Other State Grants); and

2. Approve a supplemental appropriation in the amount of $300,000 from the Public Facilities Construction fund balance to Account No. 030-818-45300-000-10546 (OCSD Substation Project No. 10546).

Attachment: None.

Notification: None.

S:\cd\Eng ineering\secure\Admln\202114-20-21 \4-20-21-3r.docx Public Works Agenda Report
4-20-21 / 6C-1
Attachment 4
2253
Department:

Prepared By:

Subject:

Fiscal Impact:

Summary:

Background:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: August 16, 2022
Public Works/ Engineering
Amir K. llkhanipour, Principal Civil Engineer
Agenda Item _,1.t±._
Approvals:

City Manager iJ __ ..Y
Dept. Head &-?----= 1J>
Attorney (.;t.T
Finance:t%---

PURCHASE OF A STANDBY GENERATOR AND ELECTRICAL DISTRIBUTION SYSTEM FROM CATERPILLAR INC. FOR THE CITY HALL BUILDING, PROJECT No. 10546 Yes. The City previously received a grant in the amount of $300,000 from the California Office of Emergency Services' Community Power Resiliency Allocation program to purchase a standby generator and related electrical distribution systems for the City Hall Building. The estimated equipment cost of $350,000 is available from the CalOES grant in the amount of $300,000 and from Public Facilities Fund Account No. 030-818-05300-000-10546, in the amount of $50,000
Staff recommends that the City Council approve a purchase order with Caterpillar Inc. (CAT) in an amount of not-to-exceed $350,000 to procure a standby generator and related electrical distribution systems for the City Hall Building.

On April 20, 2021, the City Council accepted a grant from the California Office of Emergency Services' Community Power Resiliency Allocation program and allocated the grant to the Orange County Sheriff Department (OCSD) Substation project budget (Attachment 2). City staff is in the process of having the entire system designed and this is the first phase of the work. The generator and other electrical components need to be procured first, in order to meet a deadline for the grant. The project will improve the power system reliability in case of an emergency and power outage.

Based on a Preliminary Design Report (Attachment 3) prepared by a Michael Baker International, a 350kW generator with a 72-hour run sub-base fuel tank, located at the northwest corner of the City Hall building, will provide sufficient operating power for the building to operate for 72 hours, including the OCSD Substation during a power outage.

The City of San Clemente is a member of Sourcewell, a National Purchasing Cooperative organization that streamlines the buying processes for public schools, municipalities and other governmental agencies. Contracts and venders that are awarded through Sourcewell, are competitively procured to assist members to be compliant with local and state procurement requirements. Utilizing a Cooperative organization allows the City to save time and resources from preparing and conducting a formal bid process. Additional savings are also realized through competitive pricing.

Staff recommends approval of this purchase order to Caterpillar Inc. under a Cooperative Agreement through Sourcewell (Attachment 4 ).

Public Works Agenda Report
8-16-22 I 4H-1
Attachment 5
2254
Agenda Report Page 2
Plan and Policy
Consistency: The Action is consistent with Policy and Procedure 201-2-1, Purchasing Policies and Procedures for supplies, materials and equipment in that purchasing through a Cooperative Purchasing Agreement is permitted by Policy and Procedure 201-2-1, subsection 6.17.3
Recommended
Action: STAFF RECOMMENDS THAT the City Council approve and authorize the Public Works Director I City Engineer to execute a purchase order with Caterpillar Inc. for a Standby Generator and Related Distribution Systems in accordance with the Sourcewell National Purchasing Cooperative Agreement Contract No. 120617-CAT in the amount not to exceed $350,000 for the City Hall Building, Project No. 10546.

Attachments: 1. Location Map

2. Staff Report Dated April 20, 2021 (without attachments)

3. Preliminary Design Report

4. Sourcewell Cooperative Purchasing Agreement
Notification: None
s:lcdlengineeringlsecureladmin\202218· 1613rlagenda report docx 8-16-22 I 4H-2 2255