San Clemente City Council
October 21, 2025

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City Council Regular Meeting Minutes October 7, 2025

4. Review green fees.

5. Develop a policy for private cart use on course.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

12. Oral Communications (Part 2)
Tony Rubolino spoke on previous comments he made about Mayor Pro Tem Enmeier as it relates to a protest Mayor Pro Tem Enmeier attended with his family.

Michelle Brooks, San Clemente, commented on actions by Councilmember Wu as it relates to Brown Act violations and the 2024 City Council Elections.

Donna Vidrine, San Clemente, spoke on local governance within the community.

13. Future Agenda Items
The Lodge Hotel Project
Councilmember Loeffler, with the support of Mayor Pro Tem Enmeier, Councilmember Cabral and Councilmember Wu agendized, for the October 21, 2025 City Council meeting, consideration of directing the Design Review Subcommittee to review light and noise concerns for the Lodge Hotel project.

14. Reports
A. City Attorney
None.

B. City Manager
City Manager Hall reported that he executed the following contract under his signature authority:

Michael K. Nunley & Associates (MKN) providing for Reeves Hydraulic Surge Analysis in the amount of $45,560.

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City Council Regular Meeting Minutes October 7, 2025

15. Adjournment
Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 5-0, to adjourn at 10:32 p.m. in memory of the terrorist attacks on Israel by Hamas on October 7, 2023. The next Regular Meeting will be held on October 21, 2025.

Closed Session will begin at 4:30 p.m.The Business Meeting will commence at 5:30 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
_______________________________
Steve Knoblock, Mayor of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

1013
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: October 21, 2025 Agenda Item: (1)
1014

CITY OF SAN CLEMENTE

MINUTES OF THE

BEACHES, PARKS AND RECREATION COMMISSION

REGULAR ADJOURNED MEETING
TUESDAY, AUGUST 26, 2025, 6:00 P.M.

Chair Johnson called the Regular Adjourned Meeting of the Beaches, Parks, and Recreation Commission of the City of San Clemente to order on Tuesday, August 26, 2025, at 6:01 p.m. at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente, CA. Commissioner Kahn led the Pledge of Allegiance.

PRESENT Dolegowski, Vice Chair Garcia, Grace, Haskins, Chair Johnson, Kahn, McCanne, Van Nort

ABSENT Schmitt
STAFF PRESENT Samantha Wylie, Beaches, Parks & Recreation Director Carrie Swartz, Aquatics Supervisor

1. SPECIAL PRESENTATIONS
None

2. APPROVAL OF MINUTES
A. June 10, 2025, Beaches, Parks, and Recreation Commission Regular Meeting Minutes.

B. July 22, 2025, Beaches, Parks, and Recreation Commission Special Meeting Minutes.

C. August 18, 2025, Beaches, Parks, and Recreation Commission Special Joint Meeting Minutes.

Amanda Quintanilla requested that her name be added to the July 22, 2025, Beaches, Parks, and Recreation Commission Special Meeting Minutes.

Motion by Vice Chair Garcia, seconded by Commission Grace, CARRIED 7-0-1, Commissioner Schmitt absent, to approve the June 10, 2025, Beaches, Parks, and Recreation Commission Regular Meeting Minutes.

AYE: Dolegowski, Garcia, Grace, Johnson, Kahn, McCanne, Van Nort NOE: None
Abstain: Haskins
Motion by Chair Johnson, seconded by Van Nort, CARRIED 8-0, Commissioner Schmitt absent, to amend and approve the July 22, 2025, minutes and add Amanda Quintanilla as a public speaker under 1A.
&
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Beaches, Parks, and Regular Adjourned Meeting August 26, 2025 Recreation Commission
PAGE 2
AYE: Dolegowski, Garcia, Grace, Haskins, Johnson, Kahn, McCanne, Van Nort NOE: None
Motion by Vice Chair Garcia, seconded by Commissioner Grace, CARRIED 8-0, Commissioner Schmitt absent, to approve the August 18, 2025, Beaches, Parks, and Recreation Commission Special Joint Meeting Minutes.

AYE: Dolegowski, Garcia, Grace, Haskins, Johnson, Kahn, McCanne, Van Nort NOE: None

3. ORAL COMMUNICATIONS
Amanda Quintanilla discussed the Draft Nature-Based Adaptation Project Feasibility Study with a PowerPoint presentation.

Susan Ambrose, a San Clemente resident, asked that the Commissioners come prepared to each meeting.

George Gregory, a San Clemente resident, discussed rocks at North Beach.

4. RECREATION ACTIVITIES UPDATE
Samantha Wylie, Beaches, Parks, & Recreation Director, provided an update on recent recreation activities, including Island Nights, 4th of July events, Summer Concert Series, and upcoming events from August – November 2025.

5. OLD BUSINESS
A. Consideration of the Beaches, Parks, and Recreation Commission FY 2025- 26 Work Plan
Samantha Wylie, Beaches, Parks & Recreation Director, presented a staff report discussing the proposed items for the FY 2025-26 work plan.

Ed Kweskin, a San Clemente resident, asked that when thinking about the work plan, the Commission should consider the budget.

Amanda Quintanilla raised concerns regarding the sand management plan and that the request from NBCA has no budget.

Joe Wilson, a San Clemente resident, recommended that the Commission work with OCTA to make a permanent crossing over the tracks for future sand replenishment.

Chris Butler, a San Clemente resident, asked that the Commission consider North Beach a priority in the FY 2025-26 work plan.

Suzie Whitelaw, a San Clemente resident, discussed the sand management plan and track how the sand from the replenishments is moved and where it is going. 1016
Beaches, Parks, and Regular Adjourned Meeting August 26, 2025 Recreation Commission
PAGE 3
Motion by Vice Chair Garcia, seconded by Commissioner Kahn, CARRIED 8-0, Commissioner Schmitt absent, to move forward with the staff-proposed items.

AYE: Dolegowski, Garcia, Grace, Haskins, Johnson, Kahn, McCanne, Van Nort NOE: None
Motion by Commissioner Van Nort, seconded by Commissioner McCanne, CARRIED 8- 0, Commissioner Schmitt absent, to work with City staff to establish a clear long-term beach sand policy.

AYE: Dolegowski, Garcia, Grace, Haskins, Johnson, Kahn, McCanne, Van Nort NOE: None
Motion by Chair Johnson, seconded by Commissioner Grace, to adopt 4A, strengthen partnerships with community organizations, such as the North Beach Community Organization.

Substitute motion by Vice Chair Garcia, seconded by Commissioner Kahn, to add to the work plan a committee to strengthen partnerships with community organizations to increase communications between the Beaches, Parks, and Recreation Commission and the organizations to help support them in their goals.

Substitute motion by Commissioner McCanne, seconded by Chair Johnson, CARRIED 8-0, Commissioner Schmitt absent, to create a partnership work plan with the North Beach Community Organization to increase communication and partnership between the Beaches, Parks, and Recreation Commission and the North Beach Community Association.

Friendly amendment by Commissioner Kahn was accepted by Commissioner McCanne to form a subcommittee to create and execute a work plan for the North Beach Community Association.

AYE: Dolegowski, Garcia, Grace, Haskins, Johnson, Kahn, McCanne, Van Nort NOE: None
Staff will provide an updated list of current partnerships to the Commission.

Motion by Chair Johnson, seconded by Vice Chair Garcia, CARRIED 8-0, Commissioner Schmitt absent, to adopt 4C, improve parking access and user experience, including evaluation of payment options and repainting of space numbers.

AYE: Dolegowski, Garcia, Grace, Haskins, Johnson, Kahn, McCanne, Van Nort NOE: None
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Beaches, Parks, and Regular Adjourned Meeting August 26, 2025 Recreation Commission
PAGE 4
Motion by Vice Chair Garcia, seconded by Chair Johnson, CARRIED 8-0, Commissioner Schmitt absent, to add exploring signage and education for Sandcastles 4 Sloan to the work plan.

AYE: Dolegowski, Garcia, Grace, Haskins, Johnson, Kahn, McCanne, Van Nort NOE: None
Motion by Vice Chair Garcia, seconded by Commissioner Grace, CARRIED 8-0 Commissioner Schmitt absent, to establish subcommittees for all items listed on the work plan.

AYE: Dolegowski, Garcia, Grace, Haskins, Johnson, Kahn, McCanne, Van Nort NOE: None

6. NEW BUSINESS
A. Aquatics Partnership Review
Carrie Swartz, Aquatics Supervisor, presented an update to the Aquatics Partnership Policy.

Mark Matheson, a San Clemente resident and President of the San Clemente Aquatics Team, requested that the residential requirement be lowered to 80%.

Amanda Quintanilla mentioned that it’s important that we support aquatics programs.

Sandy Kos, a San Clemente resident, addressed the senior partner policy changes and expressed concerns about the $5 player fee.

Edward R. Kweskin, a San Clemente resident, supports all of the comments and recommendations from SCAT.

Commissioners individually or as a group discussed the following:
• Amending the per-player fee from $5 per player to $4 per player • Lowering Tier I residency from 90% to 85%
• Lowering Tier II residency from 85% to 80%
• Lowering Tier I residency from 90% to 88%.
• Holding off on the $5 per player fee at this time
Motion by Commissioner McCanne, seconded by Vice Chair Garcia, CARRIED 8-0, Commissioner Schmitt absent, to amend the policy lower Tier I residency from 90% to 88%.

AYE: Dolegowski, Garcia, Grace, Haskins, Johnson, Kahn, McCanne, Van Nort NOE: None
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Beaches, Parks, and Regular Adjourned Meeting August 26, 2025 Recreation Commission
PAGE 5
Motion by Chair Johnson, seconded by Commissioner Haskins, FAILED 3-5, Commissioner Schmitt absent, to reduce the proposed per player fee from $5 to $4.

AYE: Dolegowski, Haskins, Johnson
NOE: Garcia, Grace, Kahn, McCanne, Van Nort
Motion by Vice Chair Garcia, seconded by Commissioner Haskins, CARRIED 8-0, Commissioner Schmitt absent, to have the City Council review and approve the policy as proposed with an amendment to lower the Tier I residency from 90% to 88%.

AYE: Dolegowski, Garcia, Grace, Haskins, Johnson, Kahn, McCanne, Van Nort NOE: None

7. COMMUNICATIONS
A. Beaches, Parks & Recreation Director Report
None

8. ITEMS FROM COMMISSION
A. Subcommittee Reports
i. Aquatics Partnership Policy Subcommittee (Garcia, McCanne) Discussed in Item 6A
ii. Special Events Subcommittee (Garcia, Grace)
None
B. Items from Commissioners
i. PierPride Foundation (Grace)
There was a survey that went out to find out what the community is looking for; there will be a fundraiser on Thursday, October 2, at the Fisherman’s with a five-course dinner and wine pairing.
ii. Proposed Agenda Items
None

9. ADJOURNMENT
Motion by Vice Chair Garcia, second by Commissioner McCanne, CARRIED 8-0, Commissioner Schmitt absent, to adjourn at 8:11 p.m. to a regular meeting on Tuesday, October 14, 2025, at 6:00 p.m. at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente, CA.

Beaches, Parks & Recreation Commission Beaches, Parks & Recreation Director Chairperson
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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: October 21, 2025 Agenda Item: (2)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES OF SEPTEMBER 24, 2025 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
1020

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

DESIGN REVIEW SUBCOMMITTEE
SEPTEMBER 24, 2025
Subcommittee Members Present: Chair M. Steven Camp, Vice Chair Cameron Cosgrove, Member Scott McKhann (arrived at
3:12 p.m.)
Subcommittee Members Absent: None
Staff Present: City Planner, Jonathan Lightfoot
Senior Planner, Christopher Wright
Associate Planner, David Carrillo
Assistant Planner, Jessica Gatny
Chair Camp called to order the Design Review Sub-Committee Regular Meeting for City of San Clemente at 3:00 p.m. on September 24, 2025.

1. MINUTES
A. Review and file minutes of the Design Review Subcommittee (DRSC) Regular Meeting on August 27, 2025.

There being no changes to the August 27, 2025 Meeting of DRSC, the minutes were received and filed.

2. ARCHITECTURAL REVIEW OF THE FOLLOWING ITEMS:

A. Public Hearing Project (PHP)25-361, American Tower Corporation A request to amend Conditional Permit C-1021 to replace an existing 70-foottall lattice communications tower with a new 120-foot monopole communications tower on a privately owned open space parcel, Assessor’s Parcel Number 690-552-05.

City Planner Lightfoot summarized the staff report and provided a narrative of the history related to the existing communications tower and a settlement agreement related to it.

Sarah O’Neil (Tru Northe, agent for the Applicant) and Emily Murray (counsel), and Bonnie Belair (American Tower Corporation) were present to respond to questions related to their application.

In response to questions from the Committee, Emily Murray, representing American Tower, clarified:
1021
Design Review Subcommittee Meeting Minutes September 24, 2025 Page 2 • The settlement agreement includes contingencies. If the city doesn't approve the monopole as submitted or imposes conditions (like requiring a stealth facility), the project won't proceed. • The monopole needs more height to accommodate the necessary components, while the lattice structure allows for more equipment to be attached.
• The community preferred a monopole design similar to another nearby facility and to prevent climbing.

No members of the public were present to comment on the item.

The Design Review Subcommittee discussed design considerations, including whether alternate stealth pole designs or landscaping could be incorporated.

Staff clarified that the DRSC could make such recommendations; however, if the Zoning Administrator elected to impose conditions reflective of those recommendations, that the Applicant would be released from their obligation to replace the lattice tower per the terms of the settlement agreement. Staff confirmed that there do appear to be commercially available 120-foot-tall faux tree telecom facilities. DRSC members discussed alternative stealth facilities and provided exhibits to be included for consideration by the Zoning Administrator.

B. 2025 Historic Preservation Property Agreements.

1. Public Hearing Project (PHP) 25-331, Steblay Mills Act, 121 W.

Escalones
A request to consider a proposed Historic Property Preservation Agreement or “Mills Act Agreement,’ between the City and the owner of the property located at 121 West Escalones.

Associate Planner, David Carrillo, summarized the staff report and included general and specific information applicable to agenda items B.1 and B.2 under one presentation.

Chloe Steblay, property owner of 121 W. Escalones, was present to respond to questions, stated that a couple items on the list of prioritized work have already been completed, and requested that items 4 and 5 of the draft lists of prioritized work be moved to Phase II.

Two members of the public were present to comment on the item:
• Larry Culbertson: Supportive of the Mills Act Contract for the subject property; recommends that the applicants submit cost estimates for improvements; and commended staff for the ongoing periodic inspections for Mills Act properties.
• Amanda Quintanilla: Asked for clarification on previous roof tile work; and asked about a color guide that the City uses. 1022
Design Review Subcommittee Meeting Minutes September 24, 2025 Page 3 The Design Review Subcommittee, acting as the Cultural Heritage Subcommittee (CHSC), discussed the draft list of prioritized work and concurred with the request to move items 4 and 5 to Phase II. The CHSC supported the application moving forward for consideration by the City Council.

2. Public Hearing Project (PHP) 25-316, Leisz Mills Act, 239 W. Mariposa A request to consider a proposed Historic Property Preservation Agreement or “Mills Act Agreement,’ between the City and the owner of the property located at 239 West Mariposa.

Jenny and Larry Leisz, property owners of 239 W. Mariposa were present to respond to questions, and made the following requests:
• Reword item 1 related to roof work to not require removal of tiles unless deemed necessary following an inspection with
recommended work.
• Move item 7 up to Phase 1.
• Reword item 10 to provide flexibility to potentially keep the subject opening as a window.
• Reword item 19 to not require removal of the utility pipe, but instead require painting the utility pipe to match the building.

One member of the public was present to comment on the item:
• Amanda Quintanilla: Asked if the west property fence is architecturally compatible with the building.

The Design Review Subcommittee, acting as the Cultural Heritage Subcommittee (CHSC), discussed the draft list of prioritized work and concurred with the applicant’s requests related to items 1, 10, and 19, and asked staff to remove the word “obsolete” from item 19. The CHSC supported the application moving forward for consideration by the City Council.

3. NEW BUSINESS
None.

4. OLD BUSINESS
None.

5. ORAL AND WRITTEN COMMUNICATION
None.
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Design Review Subcommittee Meeting Minutes September 24, 2025 Page 4

6. ADJOURNMENT
It was moved by Member McKhann, seconded by Vice Chair Cosgrove to adjourn the meeting at 4:34 p.m. to the next Regular Design Review Subcommittee meeting on October 15, 2025, at 3:00 p.m., San Clemente City Hall, First Floor Community Room, 910 Calle Negocio, San Clemente, CA.

Respectfully submitted,
_______________________________
M. Steven Camp, Chair
Attest:
_______________________________
Christopher Wright, Senior Planner
1024
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: October 21, 2025 Agenda Item: (3)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
PLANNING COMMISSION REGULAR MEETING MINUTES OF OCTOBER 8, 2025 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
1025
4862-9974-5206 v1

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
October 8, 2025 @ 6:00 p.m.

San Clemente City Hall Council Chamber
910 Calle Negocio, San Clemente, CA 92673
Teleconference via www.san-clemente.org

1. CALL TO ORDER
Chair Cosgrove called the Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:11 p.m. The meeting was offered in person at San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City’s YouTube Channel

2. PLEDGE OF ALLEGIANCE
Chair Pro Tem McKhann led the Pledge of Allegiance.

3. ROLL CALL
Commissioners Present: Chair Cameron Cosgrove; Chair Pro Tem Scott McKhann; Karen Prescott-Loeffler; Gary McCaughan; Brett Freeman
Commissioners Absent: Vice Chair M. Steven Camp; Patrick Griffin Staff Present: Zach Rehm, Principal Planner
Araceli Mejia, Assistant Planner
Jessica Gatny, Assistant Planner
Brendan Hanley, Planning Technician
Gena Burns, Deputy City Attorney
Tamara Tatich, Recording Secretary
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

4. SPECIAL ORDER OF BUSINESS/SPECIAL PRESENTATION
None.

5. MINUTES
A. Receive and file Minutes from the Planning Commission Regular Meeting of September 17, 2025.

IT WAS MOVED BY COMMISSIONER PRESCOTT-LOEFFLER, SECONDED BY CHAIR PRO TEM MCKHANN, AND CARRIED 5-1-2, COMMISSIONER MCCAUGHAN DRAFT
1026
Planning Commission Regular Meeting Minutes of October 8, 2025 Page 2

ABSTAINED, VICE CHAIR CAMP AND COMMISSIONER GRIFFIN ABSENT, TO

RECEIVE AND FILE THE MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 17, 2025.

6. ORAL AND WRITTEN COMMUNICATIONS
None.

7. CONSENT CALENDAR
None.

8. PUBLIC HEARING
A. Public Hearing Project (PHP) 25-301, Conditional Use Permit (CUP) 25-310, Small Collection Recycling Facility at Target, 990 Avenida Vista Hermosa A request for the Planning Commission to approve a Conditional Use Permit to operate a small collection recycling facility in the parking lot north of the Target store located at 990 Avenida Vista Hermosa.

The Planning Commission will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15303 (New Construction or Conversion of Small Structures, and §15311 (Accessory Structures).

Chair Cosgrove polled the commissioners for ex parte communications regarding this item. Having heard none, Chair Cosgrove opened the public meeting.

Assistant Planner Gatny summarized a staff presentation titled, “Small Collection Recycling Facility at Target, Conditional Use Permit 25-310/PHP25- 301,” that is available for public viewing by contacting the Planning Division. The presentation highlighted:
• The location is in the Target parking lot on Avenida Vista Hermosa, consisting of two portable metallic containers with a storefront structure • It will utilize 10 parking spaces and be attended during operating hours (Tuesday-Saturday, 9:00 a.m. - 5:00 p.m.).
• One container will be for plastics and aluminum, the other for glass. • The staff supports the project, stating it meets zoning and parking standards and won't negatively impact the area.

At the conclusion of the presentation, staff advised that the applicant was not able to attend the meeting.

The commissioners asked questions that staff addressed including the “now open” A-frame sign was temporary and will be removed when facility is closed; there will be $250 cash maximum in the register and security measures are in place; the vacant west lot was not considered as a location for the facility DRAFT
1027
Planning Commission Regular Meeting Minutes of October 8, 2025 Page 3 because it is a separate parcel awaiting future development; and the business plan outlines procedures for handling cardboard boxes, bags and liquid waste to ensure the surrounding site is not littered, and that Condition 7.17 is specific to cleanliness, which is enforceable through Code Compliance.

Hearing no public comments, Chair Cosgrove closed the public hearing and turned to the Commissioners for discussion that included support and concerns.

Concerns included issues with waste and litter; safety; location and possible nuisance; and that the facility was already operational without a permit.

After further input from staff and legal counsel, it was decided to continue the hearing to a date when the applicant could be present to answer questions and address concerns.

IT WAS MOVED BY CHAIR PRO TEMP MCKHANN, SECONDED BY COMMISSIONER MCCAUGHAN, AND CARRIED 5-0, VICE CHAIR CAMP AND COMMISSIONER

GRIFFIN ABSENT, TO CONTINUE THE PUBLIC HEARING FOR PUBLIC HEARING PROJECT 25-301/CONDITIONAL USE PERMIT 25-310, SMALL COLLECTION RECYCLING FACILITY AT TARGET, 990 AVENIDA VISTA HERMOSA UNTIL THE

REGULAR PLANNING COMMISSION MEETING HELD ON WEDNESDAY,
NOVEMBER 5, 2025.

B. Public Hearing Project (PHP) 25-288, Discretionary Sign Permit (DSP) 25- 313 Valencia Building Master Sign Program, 1502 S. El Camino Real A request for the Planning Commission to approve an installation of two new signs on the Valencia Building located at 1502 S. El Camino Real, the implementation of a new Master Sign Program, and to exceed 25 square feet of signage for a business within the Architectural Overlay District.

The Planning Commission will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15301 (Class 1: Existing Facilities).

Chair Cosgrove polled the commissioners for ex parte communications regarding this item. Having heard none, Chair Cosgrove opened the public meeting.

Principal Planner Rehm summarized a staff presentation titled, “Valencia Building Master Sign Program PHP25-288, DSP25-313,” that is available for public viewing by contacting the Planning Division. The presentation included the following:
• The planning commission and the design review subcommittee reviewed the building itself almost a year ago and approved the building's design; however, signage was not included in the original approval. • The project is an addition of two new signs and establishment of a Master Sign Program for the multiple tenant building.

The commissioners asked questions that staff addressed including the El Camino Real elevation features two reverse channel halo lit tenant signs that DRAFT
1028
Planning Commission Regular Meeting Minutes of October 8, 2025 Page 4 meet city code but exceeds 25 square feet total area, which is allowed with a master sign program; and per the Master Sign Program, a blade sign for the restaurant is an option in the future; but the current plan is for two wall signs on the north and west side of the building where a new restaurant is located.

Applicant Ryan Ybarra addressed the Commissioner’s questions on the Master Sign Program and current request for approval of the restaurant signage.

Having no further questions of staff or applicant, and hearing no public comments, Chair Cosgrove closed the public hearing and called upon the Commissioners for comments or discussion that concluded with a consensus.

IT WAS MOVED BY CHAIR PRO TEMP MCKHANN, SECONDED BY COMMISSIONER MCCAUGHAN, AND CARRIED 5-0, VICE CHAIR CAMP AND COMMISSIONER GRIFFIN ABSENT, TO APPROVE DISCRETIONARY SIGN PERMIT 25-313 VALENCIA BUILDING MASTER SIGN PROGRAM, 1502 S. EL CAMINO REAL, SUBJECT TO THE CONDITIONS OF APPROVAL.

C. Public Hearing Project (PHP) 25-395, Zoning Amendment (ZA) 25-396, Emergency Shelter Overlay Update
A Public Hearing for the Planning Commission to provide recommendations to the City Council on Zoning Amendment 25-396 to update the development standards within the Emergency Shelter Overlay consistent with Housing Element commitment and State law.

The Planning Commission will also consider whether the project is Categorically Exempt from the requirements of CEQA pursuant to the CEQA PRC §21083.3 and CEQA Guidelines §15183 and §15061(B)(3).

Chair Cosgrove polled the commissioners for ex parte communications regarding this item. Having heard none, Chair Cosgrove opened the public meeting.

Principal Planner Rehm summarized a staff presentation titled, “Emergency Shelter Overlay District Update, PHP25-395, ZA25-396,” that is available for public viewing by contacting the Planning Division. The report provided background on the current emergency shelter overlay that was adopted in 2017, reviewed in 2023, and requires an update in the standards to allow a future proposed shelter location in the San Clemente Business Park to increase the population allowed from 35 to 45, to include more specific and enforceable operational standards. Staff recommend that the Planning Commission recommend to the City Council that they adopt the changes in the Zoning Amendment that will address Senate Bill 2.

IT WAS MOVED BY COMMISSIONER PRESCOTT-LOEFFLER, SECONDED BY CHAIR COSGROVE, AND CARRIED 5-0, VICE CHAIR CAMP AND COMMISSIONER

GRIFFIN ABSENT, TO RECOMMEND THAT THE CITY COUNCIL ADOPT AN ORDIANCE APPROVING ZONING AMENDMENT 25-396.

DRAFT
1029
Planning Commission Regular Meeting Minutes of October 8, 2025 Page 5 D. Public Hearing Project (PHP) 25-398, General Plan Amendment for Senate Bill (SB) 1425 Compliance - Open Space
A request for the Planning Commission to provide recommendations to the City Council to approve an Amendment to the General Plan needed for compliance with CA Senate Bill (SB) 1425, SB 1035, and SB 747.

The Planning Commission will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15307 (14 CCR §15307, Class 7: Actions by Regulatory Agencies for Protection of Natural Resources); §15308 (14 CCR §15308, Class 8: Actions by Regulatory Agencies for Protection of the Environment); and §15061 (14 CCR §15061 (B)(3): Review for Exemption).

Chair Cosgrove polled the commissioners for ex parte communications regarding this item. Having heard none, Chair Cosgrove opened the public meeting.

Planning Technician Hanley summarized a staff presentation titled, “PHP25- 398, General Plan Update 25-399,” that is available for public viewing by contacting the Planning Division. The report summarizes proposed changes to the Safety Element as well as elements related to open space in order to satisfy new state legislation. Staff provided background on SB 1425, which requires an update by January 1, 2025 to address climate resilience strategies correlated with the safety element, equitable access to open space, and rewilding opportunities within open spaces. SB 1035 requires safety elements to address climate adaptation and resiliency strategies in the Safety element coinciding with a housing element or LHMP update. AB 747 requires local governments to identify evacuation routes and analyze their capacity, safety, and viability under a range of emergency scenarios.

Staff noted that climate resilience policy will be added to the safety element by incorporating the Local Hazard Mitigation Plan (LHMP), and equitable access language will be added to the Coastal and Natural Resources Elements.

Rewilding opportunities discussed in the LHMP will be added to the Natural Resources Element. The Safety Element will integrate the LHMP, clean up sections from previous general plan amendments, and update fire maps, adding an evacuation map and a map identifying residential developments with single egress. Staff further explained that incorporating the LHMP into the General Plan Amendment will enable the City to better qualify for grants to better implement hazard mitigation and emergency preparedness plans. The proposed changes will be reviewed by the CAL Fire Board of Forestry as well as Tribal governments prior to review by City Council.

The Commissioners acknowledged the importance of the LHMP, that wildfire is one of the most potentially destructive hazards in San Clemente due to the expansive open spaces both contiguous and within the City, and expressed DRAFT
1030
Planning Commission Regular Meeting Minutes of October 8, 2025 Page 6 concern on the number of parcels that have single egress. The Commissioners discussed concerns with the City’s emergency preparedness; timing of notifications; the fire hazard severity zone maps newly released by Cal Fire; additions to the plan to acknowledge the internal risk within the City, and to consider the importance of a vegetation management program. The Commissioners’ recommendation includes prioritizing wildfire prevention and directing city resources accordingly, and to include updating and prioritizing evacuation notices and prevention efforts due to extreme fire danger, as identified by the CalFire map.

IT WAS MOVED BY COMMISSIONER MCCAUGHAN, SECONDED BY CHAIR PRO TEM MCKHANN, AND CARRIED 5-0, VICE CHAIR CAMP AND COMMISSIONER

GRIFFIN ABSENT, TO DETERMINE THE GENERAL PLAN AMENDMENT IS

CATEGORICALLY EXEMPT FROM CEQA AND TO RECOMMEND THAT THE CITY

COUNCIL APPROVE THE GENERAL PLAN AMENDMENT, ALIGNING THE GENERAL PLAN WITH MANDATES RELATED TO SENATE BILL 1035, SENATE BILL 1425, AND SENATE BILL 747; AND RECOMMEND THE CITY COUNCIL PRIORITIZE WILDFIRE

PREPARATION AND EMERGENCY EVACUATION PLANNING AND DIRECT RESOURCES ACCORDINGLY.

9. NEW BUSINESS
None.

10. OLD BUSINESS
None.

11. REPORTS OF COMMISSIONERS AND STAFF
A. Commissioner Reports
None.

B. Tentative Future Agenda
The next scheduled meeting is Wednesday, October 22, 2025, but staff intends to cancel the meeting unless an urgent business item arises.

C. Administrative Permit Report
D. Staff Reports
None.

12. ADJOURNMENT
The next Regular Meeting of the Planning Commission will be scheduled for Wednesday, October 22, 2025 at 6:00 p.m., and will be held at the San Clemente DRAFT
1031
Planning Commission Regular Meeting Minutes of October 8, 2025 Page 7 City Hall Council Chambers located at 910 Calle Negocio, 2nd Floor, San Clemente, California.

Respectfully submitted,
M. Steven Camp, Vice Chair
Attest:

Jonathan Lightfoot, Secretary of the Planning Commission DRAFT
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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: October 21, 2025 Agenda Item: (4)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF OCTOBER 9, 2025 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
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CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
October 9, 2025
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO ORDER
Zoning Administrator (ZA) Adam Atamian called the Adjourned Meeting of the City of San Clemente Zoning Administrator to order on October 9, 2025 at 3:05 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, San Clemente, California.

Staff Present: Adam Atamian, Zoning Administrator
Jonathan Lightfoot, City Planner
Zach Rehm, Principal Planner
Araceli Mejia, Assistant Planner
Jessica Gatny, Assistant Planner
Tamara Tatich, Administrative Assistant

2. MINUTES
A. Receive and file Minutes for the September 4, 2025 Regular Zoning Administrator Meeting.

ZA Atamian received and filed the minutes for the regular meeting of September 4, 2025.

3. ORAL AND WRITTEN COMMUNICATION
None.

4. PUBLIC HEARING – Time limitation for applicants: 10 minutes.

All other speakers: 3 minutes.

A. Public Hearing Project (PHP) 25-295, Short Term Apartment Rental (STAR) 25-296, Riley I STAR, 242 Avenida Santa Barbara
A public hearing to request Zoning Administrator approval to establish a short-term rental within an existing triplex at 242 Avenida Santa Barbara. The unit is currently a short-term rental outside the allowed short-term rental zone.

The permit would allow the unit to remain a short-term rental, provided that it is rented while a property manager occupies another unit on-site.

The Zoning Administrator will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15301 (Class 1: Existing Facilities).

DRAFT
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Zoning Administrator Adjourned Meeting October 9, 2025 Page 2 ZA Atamian opened the public hearing and introduced Principal Planner Zach Rehm who summarized the staff report and a presentation titled, “Riley I Star, PHP25-295, STAR25-296,” that detailed the request for a STAR permit. A copy can be requested by contacting the Planning Division.

Applicant Jim Riley stated that they have operated as a short-term lodging unit for eleven years, have excellent online ratings, paid their taxes on time and have hosted over 300 guests that are primarily 55 years old and over.

ZA Atamian disclosed that he visited the property, stated that the area is dense and that there was one code compliance action previously; however, that there are no other complaints received since 2021. ZA Atamian asked the applicant to address the measures that have been in place to ensure the no future issues occur. Mr. Riley stated that they have a manager on premises, installed a security camera, disclosures of the house rules of no parties, and guests are provided with emergency numbers. The long-term renter has their contact information if there’s a need.

ZA Atamian asked staff about Condition 7.19 regarding the STLU expiration period. Principal Planner Rehm stated that the condition was included to be consistent with other STAR permits and that the STLU is still valid and then it will transition to a STAR upon expiration. ZA Atamian confirmed that a manager is onsite and they will be there throughout the STLU permit.

ZA Atamian closed the public hearing and stated that this is a good location for a STAR uses and can make the findings for approval.

Action: The Zoning Administrator determined the project tis categorically exempt from CEAQ and adopted Resolution ZA25-021 approving Short Term Apartment Rental 25-296, Riley I STAR, 242 Avenida Santa Barbara, subject to the Conditions of Approval.

B. Public Hearing Project (PHP) 25-298, Short Term Apartment Rental (STAR) 25-311, Riley II STAR, 222 W. Escalones
A public hearing to request Zoning Administrator approval to establish a short-term rental within an existing triplex at 222 W Escalones. The unit is currently a short-term rental outside the allowed short-term rental zone. The permit would allow the unit to remain a short-term rental, provided that it is rented while a property manager occupies another unit on-site.

The Zoning Administrator will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15301 (Class 1: Existing Facilities).

ZA Atamian opened the public hearing and Principal Planner Rehm summarized the staff report in a presentation titled, “Riley II STAR, PHP25- 298, STAR25-311 that detailed the request for a STAR permit. A copy can be requested by contacting the Planning Division.

DRAFT
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Zoning Administrator Adjourned Meeting October 9, 2025 Page 3 Mr. Riley, the same applicant from the previous item, stated that they’ve had the rental for 13 years, rent to seniors, no problems, the property is maintained, his spouse checks on the property often and they have a high rating as a STLU.

ZA Atamian asked whether there are multiple lots on the parcel, and Principal Planner Rehm stated that it has two addresses on one parcel. Mr. Riley stated that he pays only on tax bill for the two lots. ZA Atamian stated that it could be two lots with one APN number. The issue is that if there are separate lots, an owner can sell one lot leaving the property without a manager’s unit which would be problematic with this STAR permit. Mr. Riley stated that he has no intention of selling the property.

ZA Atamian closed the public hearing and disclosed that he drove by the property, the area is less dense than the area of the other rental, but it’s nice how its situated. ZA Atamian agreed with the findings in the staff report in that it is appropriate for the area and is well maintained. ZA Atamian stated that Condition 7.19 may be enforced and left intact; but will add an additional Condition to address the state of the property with respect to how many lots exist on the parcel.

Action: The Zoning Administrator determined the project categorically exempt to CEQA and adopted Resolution ZA25-022 approving Short Term Apartment Rental 25-311, Riley II STAR, 222 W. Escalones, subject to the Conditions of Approval with the addition of Condition 7.20 that states: Operations of the Short-Term Lodging Unit shall be required to occur on a single lot that includes the portion of the building located at 221 West Canada. If multiple lots exist on the parcel, those lots will be required to merge to facilitate this permit and any future subdivision of property that separates 221 W. Canada from 222 W. Escalones shall deem this permit null and void.

C. Public Hearing Project (PHP) 25-341, Development Permit (DP) 25-367, Porter Addition, 260 W Marquita Unit A
A public hearing to request Zoning Administrator approval to approve a Development Permit 25-237 to convert 91 square feet (sq. ft.) of storage space into a 114 sq. ft. office space by raising the height of the roofline of a 3- unit residence located within 300 feet of a historic resource.

The Zoning Administrator will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15301 (Class 1: Existing Facilities).

ZA Atamian opened the public hearing and Assistant Planner Gatny summarized the staff report in a presentation titled, “Porter Addition, Development Permit (DP) 25-367/PHP25-341,” that detailed the request for a DP permit. A copy can be requested by contacting the Planning Division.

DRAFT
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Zoning Administrator Adjourned Meeting October 9, 2025 Page 4 Assistant Planner Gatny introduced the applicants Ron and Darlene Porter, and architect Rob Williams. Mr. Williams thanked staff and is prepared to answer any questions.

ZA Atamian asked why the application required a public hearing, and staff confirmed that the addition is in the line of sight from the historical resource.

ZA Atamian confirmed that the property was a three-unit condominium and that air space was not an issue.

ZA Atamian disclosed that he visited the site and found the property to be unique and that the findings can be made in that the addition will not be detrimental to public health, the project is in character with the neighborhood, and it complies with the general plan and zoning ordinance.

ZA Atamian closed the public hearing.

Action: The Zoning Administrator determined the project was categorically exempt from CEQA and adopted Resolution ZA25-023 approving Development 25- 367, Porter Addition, 260 W. Marquita, subject to the Conditions of Approval.

D. Public Hearing Project (PHP) 25-361, Amendment to Conditional Permit C-1021, Assessor’s Parcel Number 690-552-05
A public hearing to request Zoning Administrator approval to amend Conditional Permit C-1021 to replace an existing 70-foot-tall lattice communications tower with a new 120-foot monopole communications tower on a privately owned open space parcel along the Rancho San Clemente Ridgeline Trail, at Assessor’s Parcel Number 690-552-05, commonly addressed as 616 Del Dios.

The Zoning Administrator will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15302 (Class 2: Replacement or Reconstruction).

ZA Atamian opened the public hearing and City Planner Lightfoot summarized the staff report in a presentation titled, “Public Hearing Project (PHP) 25-361, ATC Replacement Communications Tower,” that detailed the request for a Conditional Use Permit (CUP) 25-363. A copy can be requested by contacting the Planning Division.

City Planner Lightfoot introduced Emily Murray, attorney with Allen Matkins and representing American Tower Corporation (ATC), and the Zoom participants as the applicant team consisting of Sarah O’Neil, Bonnie Belair and Jenna Castro.

City Planner Lightfoot gave a history of the cell site that was originally permitted at 70’ in 1962 through a Conditional Use Permit. The property has had some site improvement to enhance site security. A settlement agreement that addressed security and provisions that are currently in place by ATC, DRAFT
1037
Zoning Administrator Adjourned Meeting October 9, 2025 Page 5 such as lighting, cameras and erosion control was the result of litigation in 2024. As a component of the agreement, ATC agreed to submit an application to replace a the 70’ lattice tower with a new 120’ monopole which is being presented. The design aligns with the settlement agreement. The replacement facility will improve security and public safety at the site.

ZA Atamian asked the applicants for a statement, and Ms. Murray stated that the 120’ monopole application is submitted in satisfaction with ATC obligations of the settlement agreement and thanked staff. On behalf of ATC, Ms. Murray made the following comments:
• Disputed that the original use permit from 1962 precluded a tower height of 137’.6” as referenced in the Resolution.
• Asserted that ATC produced a version of the 1962 CUP that had the original plot plans, where there is verbiage that says in case of a conflict between the language of the application and the plot plan, the plot plan shall prevail, and that plot plan detailed a 137.6’ steel tower. • Disputed the public testimony cited in the Resolution regarding compliance with the Conditions of Approval.
• Noted that ATC provided evidence in writing at multiple public hearings before the City Council contradicting that public testimony • Noted that all parties agreed to settle without any admission to liability on any party’s part, and ATC agreed in §5 of the settlement agreement to submit an application to remove and replace the existing lattice tower with a new monopole facility up to 120’ tall.
• The application was submitted, and the City agreed to process the application with speed, which it has done.
• The HOA agreed to not oppose and to publicly support the application. • The parties agreed that the City could not waive its discretionary decision-making authority, the City didn’t guarantee any approval, denial or outcome of this application.
• The agreement was made contingent that ATC did not have to proceed with a tower replacement if any new Conditions were imposed on the replacement monopole. If that contingency is triggered, the 70’ lattice tower remains in place. The draft resolution did not propose any additional conditions, and ATC appreciates the opportunity to work with the City.

ZA Atamian asked Ms. Murray if there was an understanding that there was a need for additional site security to deter trespassing. Ms. Murray concurred that trespassing had been a problem, as well as vandalism, all of which was addressed in the settlement agreement.

ZA Atamian clarified that the settlement agreement releases ATC from accepting any new conditions that are not satisfactory to ATC, and inquired if any added new conditions would preclude ATC from advancing their project.

Ms. Murray read the applicable section of the settlement agreement, and noted that ATC wishes to proceed with the application as submitted.

DRAFT
1038
Zoning Administrator Adjourned Meeting October 9, 2025 Page 6 ZA Atamian disclosed that he had visited the property multiple times and aware of the project. He noted that his prior involvement with the property and ATC and their legal council was related to the prior voluntary compliance agreement, but was not involved in drafting the settlement agreement and has not been involved in the review of the monopole project. ZA Atamian stated his knowledge is with the 70’ lattice tower.

ZA Atamian stated he reviewed the staff report and thanked staff for their work.

ZA Atamian stated that the Design Review Subcommittee (DRSC) had proposed tower designs and he appreciated that they delivered examples of designs, but was skeptical of applicability to a 120’ tall tower. ZA Atamian asked whether ATC considered any of those options as viable. Ms. Murray explained that the alternate stealth examples would not achieve the project goals, particularly related to colocation of facilities.

ZA Atamian asked if the applicant considered a monopole less than 120’, and Ms. Murray stated that the taller tower allows for multiple carriers to be spread far enough apart to not interfere with output, and that the community had concerns with a lower height. ZA Atamian asked if a shorter tower would accommodate the desired carrier facilities, and Ms. Murray stated that the lower lattice tower accommodates because they can maintain the multiple carriers spread apart the wider base of the lattice facility, but a monopole requires vertical separation between collocated facilities.

ZA Atamian stated he reviewed the simulated images of what the new tower will look like compared to the existing tower and compared the project to a recent power company project that replaced lattice towers with monopoles, and that the project didn’t generate much public concern. While a new monopole will be taller, but the visual impact is narrower.

ZA Atamian stated the existing conditions of the permit are all in compliance and that all parties of the settlement agreement are in agreement with the current conditions including maintaining the gravel within the fence line and erosion control.

ZA Atamian cited §7(J) of the settlement agreement indicates that the City agrees that the 1962 CUP is vested and does not contain an expiration date.

ZA Atamian asked what is the ATC process should the facility be deemed obsolete. Ms. Murray responded that she did not know the lifecycle expectation for the facility. She continued to state that ATC is interested in keeping the facility safe and up to date and to her knowledge has no intention of retiring the facility.

Having no further questions, ZA Atamian closed the public hearing. ZA Atamian expressed appreciation for finding a mutually agreeable solution while respecting private property rights, and thanked everyone for working through a difficult process.

DRAFT
1039
Zoning Administrator Adjourned Meeting October 9, 2025 Page 7 ZA Atamian stated that the settlement agreement is not a preapproval of the project, and there was no bias throughout the application review process.

ZA Atamian is supportive of the application understanding that ATC is not required to obtain approval of a 120’ monopole. Effectively, the decision in front of him is to evaluate the merits of either denying the project and maintaining the existing lattice tower, or obtaining a new facility in this location that will include the removal of the lattice tower. ZA Atamian continued to state that the lattice tower was a public safety issue due to evidence of climbing the structure, trespassing, and other activities that could result in a fall or starting a fire. It would require a much taller fence or a visually obnoxious structure to secure the lattice tower than to install a new monopole; the height is a benefit to the community and public safety personnel for better cell coverage; the age of the lattice tower is evident; this is a unique opportunity to replace the old structure with new technology; and trail users will experience a smaller visual impact to the open space, particularly with a narrower base and profile.

ZA Atamian made the findings in that the site is suitable for the type and intensity of the use that is provided; the proposed use will not be detrimental to public safety or welfare; and the proposed will not negatively impact surround land uses. ZA Atamian also noted that Harbor View Estates Homeowners Association (HOA) agreed to not oppose the application from approval, and they are supportive of the project per the letter to the City Council from the Harbor View Estates HOA, paragraph 2 that states, “The Harbor View Homeowners Association supports the replacement of existing lattice tower at the facilities with a monopole and respectfully requests that the City Council find that American Towers past and current use of the facilities was in its full compliance to all applicable laws.” Action: The Zoning Administrator determined the project was categorically exempt from CEQA Guidelines §15301 (14 CCR §15301, Class 1: Existing Facilities); §15302 (14 CCR §15302, Class 2: Replacement or Reconstruction); and §15303 (14 CCR §15303, Class 3: New Construction or Conversion of Small Structures), and adopted Resolution ZA25-024 approving Public Hearing Project 25-361, American Tower Corporation, subject to the Conditions of Approval

5. NEW BUSINESS
A. Review of Tentative Future Agendas

5. OLD BUSINESS
None.

7. ADJOURNMENT
DRAFT
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Zoning Administrator Adjourned Meeting October 9, 2025 Page 8 The next Regular Meeting of the Zoning Administrator will be held at 3:00 p.m. on Thursday, October 23, 2025 at the Community Development Department, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
_____________________________________
Adam Atamian, Zoning Administrator
DRAFT
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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: October 21, 2025 Agenda Item: (1)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3316 through 3324 and Warrant Nos.
607424 through 607543, paid on
10-3-25, in the amount of $1,243,640.00
..end
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1043
1044
1045
1046
1047
1048
1049
1050
1051
1052
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: October 21, 2025 Agenda Item: (2)
..ag endizedby
..end
Subject:
..titl e
Approve Warrant Nos.
607544 through 607694, paid on
10-10-25, in the amount of $2,907,650.06
TOTAL WARRANT REGISTER $4,151,290.06 ..end
1053
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1055
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1065
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: October 21, 2025 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Automatic Deposit Advises 106689
through 107008, for the period
9-15-25 through 9-28-25, paid
on 10-3-25, in the amount of $572,666.32
TOTAL PAYROLL REGISTER $572,666.32 ..end
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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: October 21, 2025 Agenda Item: 11D.

Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject:
..titl e
CONSIDERATION OF RESOLUTION NO. 25-159, APPROVING THE ARTS AND CULTURE COMMITTEE FY 2025-26 WORK PLAN AND MAKING FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RELATED THERETO ..body
Fiscal Impact:

There is no fiscal impact associated with the creation of a committee work plan. However, some items, if approved, could result in future projects. Staff would return to the City Council with appropriate budget approvals and additional recommendations before project implementation.

Summary:

At its July 28, 2025, meeting, the Arts and Culture Committee (“ACC”) reviewed and discussed potential projects and subject matters that could support the objectives of the Committee. The ACC unanimously supported the work plan proposed in Attachment 1, Exhibit A, and summarized below.

Background:

The ACC recommends the following items for approval:

1. Utility Box Art Program

2. Art in Public Places

3. Amphitheater Feasibility

4. Public Art & Funding Policy
Council Options:
 Adopt Resolution No. 25-159, which will approve the Arts and Culture Committee 2025-26 Work Plan and make related findings under the California Environmental Quality Act (CEQA).  Modify the ACC 2025-26 Work Plan by either (a) removing proposed items or (b) adding items; and adopt Resolution No. 25-159.
 Continue the item with further direction provided to staff and the Committee.  Deny the Work Plan.

Environmental Review/Analysis:

Staff recommendations for findings under CEQA with respect to the items on the Committee Work Plan are summarized in the table below:
1068
Meeting Date: October 21, 2025 Agenda Item: 11D.

CITY OF SAN CLEMENTE 2
Project Title CEQA Findings
Utility Box Art Program The item consists of the application of artwork to existing public utility boxes. This activity involves negligible or no expansion of existing use and is therefore exempt under CEQA Guidelines Section 15301 (Existing Facilities).

Art in Public Places The development of policies, programs, and guidelines for public art installations is an administrative activity that does not directly result in a physical change in the
environment. This is not considered a “project” under
CEQA Guidelines Section 15378(b)(5). Any future
specific public art installation will be subject to separate environmental review at the time of project consideration.

Amphitheater Feasibility The preparation of a feasibility study to evaluate a potential future amphitheater is a planning and feasibility activity that does not commit the City to a definite course of action or approve a physical project. This is exempt under CEQA Guidelines Section 15262 (Feasibility and
Planning Studies). Any future amphitheater development
will undergo a full environmental review at the appropriate time.

Public Art & Funding Policy The creation of a policy to guide public art funding and administration is an organizational and administrative
activity that has no potential for direct or indirect
environmental impacts. This is not a “project” under
CEQA Guidelines Section 15378(b)(5).

Recommended Actions:

Staff Recommendation ..recommendation
Staff and the Arts and Culture Committee recommend that the City Council adopt Resolution No. 25-159, which would:

1. Make findings under the California Environmental Quality Act as to the items on the work plan; and

2. Approve the Arts and Culture Committee 2025-26 Work Plan. ..end
Attachment:

1. Resolution No. 25-159
Notification:

Arts and Culture Committee.
1069
Attachment 1
RESOLUTION NO. 25-159

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE ARTS
AND CULTURE COMMITTEE 2025-26 WORK PLAN AND

MAKING FINDINGS UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT RELATED THERETO
WHEREAS, San Clemente Municipal Code (“S.C.M.C.”) § 2.45.010 states that the Arts and Culture Committee is to act in an advisory capacity to the City Council in all matters pertaining to the arts and cultural program, including developing and making recommendations on arts acquisition and proposals for artworks for public buildings and public spaces; and
WHEREAS, the S.C.M.C. § 2.45.020(e) requires that the Arts and Culture Committee develop an annual work plan with specific goals and objectives for the coming year and submit it to the City Council for approval annually; and WHEREAS, on July 23, 2025, the Arts and Culture Committee held its regular meeting to review and recommend approval of four items to be included in its 2025-26 Work Plan.

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. Based on its review of the record as a whole, the approval of the actions identified in the Arts & Culture Committee Annual Work Plan are hereby determined to be not a project or exempt from the requirements of the California Environmental Quality Act (CEQA) as follows: the Utility Box Art Program is categorically exempt under CEQA Guidelines Section 15301 (Existing Facilities); the Art in Public Places program and the Public Art & Funding Policy are not projects under CEQA Guidelines Section 15378(b)(5) as they consist of administrative and organizational activities; and the Amphitheater Feasibility Study is exempt under CEQA Guidelines Section 15262 (Feasibility and Planning Studies). Any future individual items identified in the Work Plan that may result in a physical change to the environment will be subject to separate CEQA review at the appropriate time.

SECTION 3. The Arts and Culture Committee 2025-26 Work Plan shall consist of all items presented to the City Council on October 7, 2025, which is fully incorporated and included in Exhibit A, attached hereto.

SECTION 4. The Committee may review all additional items that require consideration through the course of the Beaches, Parks & Recreation Department’s routine functions and items directed by vote of the City Council for further consideration by the Committee.
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Resolution No. 25-159 Page 2
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 Steve Knoblock, Mayor of the
San Clemente, California City of San 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. 25-159 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
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Resolution No. 25-159 Exhibit “A” Page 3

ANNUAL WORK PLAN
Arts and Culture Committee
FY 2025-2026
Project Name: (No. 1) Utility Box Art Program
Purpose, Goals, and Deliverables of Project:

In 2011, the City Council approved an initial phase of the utility box art program, “Street Art”, that encouraged community members to submit designs that would enhance traffic control boxes within the city. The program was successful and continued for an additional three phases. Several boxes were not painted, and some have now been retired due to normal wear and tear. The ACC reestablished this program and is initiating a new call for artists.

Estimated Project Costs. If cost is involved, is it included in the adopted City budget? $50,000; to be budgeted in upcoming annual budget reviews
Project Timeline (Anticipated Start and End Dates): September 2025 – December 2025 Resources Needed (including Staff hours): Staff hours: 10 Is this a new project or unfinished project from the prior fiscal year? Unfinished Project Name: (No. 2) Art in Public Places
Purpose, Goals, and Deliverables of Project:

The subcommittee is working to initiate public art displays at citywide events and other related functions. They have already reestablished the cultural art display at the annual Cinco de Mayo and Día de los Muertos, both held at Max Berg Plaza Park.

Estimated Project Costs. If cost is involved, is it included in the adopted City budget? Unknown Project Timeline (Anticipated Start and End Dates): Ongoing Resources Needed (including Staff hours): Staff hours: 20 Is this a new project or an unfinished project from the prior fiscal year? Unfinished 1072
Resolution No. 25-159 Exhibit “A” Page 4

ANNUAL WORK PLAN
Arts and Culture Committee
FY 2025-2026
Project Name: (No. 3) Amphitheater and Performing Arts Facility Purpose, Goals, and Deliverables of Project:

The subcommittee has been working on locations and funding opportunities.

Estimated Project Costs. If cost is involved, is it included in the adopted City budget? Unknown Project Timeline (Anticipated Start and End Dates): Ongoing Resources Needed (including Staff hours):

Is this a new project or unfinished project from the prior fiscal year? Unfinished Project Name: (No. 4) Public Art & Funding Policy
Purpose, Goals, and Deliverables of Project:

This project will refine and revise the existing Art in Public Places policy to ensure best practices with public art, as well as, consider options for ongoing funding streams.

Estimated Project Costs. If cost is involved, is it included in the adopted City budget? Unknown Project Timeline (Anticipated Start and End Dates): Ongoing Resources Needed (including Staff hours):

Is this a new project or unfinished project from the prior fiscal year? Unfinished 1073
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: October 21, 2025 Agenda Item: 11E.

Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject:
..titl e
CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE THE NOTICE OF COMPLETION FOR 1 OF 3 COMPONENTS OF CIP PROJECT NO. 15105, SPECIFICALLY THE BONITO CANYON PARK

PLAYGROUND SHADE STRUCTURE IS COMPLETE WITH TWO OTHER COMPONENTS (
..bodyRELANDSCAPING OF SLOPE AND EXPANDED BIKE RACKS) PENDING COMPLETION Fiscal Impact:

The total cost of the project was $45,765 and is funded through the Community Development Block Grant. No additional appropriation is necessary.

Summary:

The contractor, Landscape Structures, Inc., along with its subcontractor TotLot Pros, has satisfactorily completed all work in accordance with the project specifications. The final inspection was conducted by City staff on September 5, 2025.

The newly installed shade structures greatly enhance the playground experience for users, providing much-needed relief from the sun and other weather elements. These thoughtful improvements are a testament to the City’s commitment to maintaining high-quality recreational amenities for our community, ensuring that all residents can enjoy our beautiful parks.

Background:

On January 28, 2025, the City Manager authorized the procurement of shade structures and installation under the City’s Purchasing & Procurement Policy. The contractor selected was Landscape Structures, Inc. (“LSI”). LSI installed the existing playground equipment in 2017, and its shade structure provides the most compatibility within the space. LSI has a current contract in place with CMAS (No. 4-23-01-1051), which includes both Playground-Equipment Shade and Service-Equipment Installation. In purchasing through CMAS, the City received a 6% discount on materials.

Figure 1. Before Shade Figure 2. After Shade
1074
Meeting Date: October 21, 2025 Agenda Item: 11E.

CITY OF SAN CLEMENTE 2
Council Options:
 Adopt Resolution No. 25-160, which would accept the completed Bonito Canyon Park Shade Structure, PN 15105.
 Modify and adopt Resolution No. 25-160.
 Continue the item with additional direction to staff to provide further information.

Environmental Review/Analysis:

This project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR § 15301) and Class 3 (New Construction or Conversion of Small Structures -14 CCR § 15303) of the State CEQA Guidelines.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends the City Council adopt Resolution No. 25-160, which will:

1. Accept the Bonito Canyon Park Shade Structure, CIP No. 15105, from Landscape Structures, Inc.; and

2. Authorize the City Clerk to execute and record Notice of Completion for the Bonito Canyon Park Shade Structure, CIP No. 15105; and

3. Authorize the City Clerk to release the payment bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the Contractor, Landscape Structures, Inc.; and

4. Authorize the City Clerk to release the performance bond. ..end
Attachment:

1. Resolution No. 25-160

2. Notice of Completion
Notification:

None.
1075
Attachment 1
RESOLUTION NO. 25-160

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING THE BONITO

CANYON PARK PLAYGROUND SHADE STRUCTURE, CIP
PROJECT NO. 15105, AND AUTHORIZING THE FILING OF

A NOTICE OF COMPLETION
WHEREAS, the City of San Clemente authorized the procurement and installation of shade structures at Bonito Canyon Park Playground in accordance with the City’s Purchasing & Procurement Policy; and
WHEREAS, Landscape Structures, Inc., with subcontractor TotLot Pros, has completed the installation of the shade structures to the City’s satisfaction; and WHEREAS, City staff conducted the final inspection of the project on September 5, 2025, and determined that all work has been satisfactorily completed; and WHEREAS, the total cost of the project was $45,765 and was fully funded through the Community Development Block Grant, with no additional appropriation necessary; and WHEREAS, the improvements enhance the recreational experience for the community and reflect the City’s commitment to providing high-quality public amenities.

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

SECTION 1. The City Council hereby accepts the Bonito Canyon Park Playground Shade Structure, CIP Project No. 15105, from Landscape Structures, Inc.

SECTION 2. The City Clerk is authorized and directed to execute and record the Notice of Completion for said project.

SECTION 3. The City Clerk is further authorized to release the payment bond 35 days after recordation of the Notice of Completion, provided no liens have been filed against the contractor, and subject to verification by the Engineering Division.

SECTION 4. The City Clerk is further authorized to release the performance bond.

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 ____________________, _______. 1076
Resolution No. 25-160 Page 2
ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LARUA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-160 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
1077
Attachment 2
Recording Requested By:

City of San Clemente
When Recorded, Mail To:

City Clerk Department
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Recorded for the benefit of the City of San
Clemente and exempt from recording fees
pursuant to Government Code Section 27383.

Space above this line is for Recorder’s Use Only

NOTICE OF COMPLETION
Notice is hereby given by the City of San Clemente, a Municipal Corporation, that a public work of improvement has been completed as follows:

1. Project title or description of work: Bonito Canyon Park Playground Shade Structure PN. 15105

2. Street address or legal description of the project site: 1304 Calle Valle, San Clemente, CA 92672; TR 795 LOT 2 BLK 11 AND ALL -EX POR DESC IN DD -6200/332 ORLOTS 3/4 BL K 11 AND POR LOTS 1/5 BLK11 AS DESC IN LEASE

3. Date of Completion: September 5, 2025

4. Name of owner: City of San Clemente.

5. Interest or estate of owner: Fee.

6. Address of owner: 910 Calle Negocio, San Clemente, CA 92673

7. Name and address of contractor: Landscape Structures, Inc., 601 7th St. S, Delano, MN
I am the City Clerk for the City of San Clemente, a Municipal Corporation, the owner of the indicated interest or estate in the property described above. I make this verification on behalf of the City of San Clemente. I have read this Notice of Completion and know its contents. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on __________________________ in San Clemente, California. _________________________________
Laura Campagnolo, City Clerk
City of San Clemente
1078
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: October 21, 2025 Agenda Item: 11F.

Submitted By: Public Works
Prepared By: Niki Beach, Environmental Programs Analyst Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE A NOTICE OF COMPLETION

FOR THE EL CAMINO REAL CORRIDOR RUNOFF TREATMENT PROJECT, CIP PROJECT NO. 26802
..body
Fiscal Impact:

The total project cost of $410,293 is within the approved budget of $415,500. The project has also been previously authorized for grant funding under OCTA’s Tier 1 Environmental Cleanup Program and staff is in the process of requesting reimbursement for $323,834, which is 80% of the construction cost of $404,793.

Summary:

Before the City Council is a Resolution (Attachment 1) and Notice of Completion (Attachment 2) for the El Camino Real Corridor Runoff Treatment Project.

The project is part of a requirement by the California State Water Resources Control Board to install structural controls to capture debris down to 5mm in size, inclusive of all trash the size of a cigarette butt or larger, in high-traffic areas, such as multifamily developments and commercial areas, by 2030. City staff has identified 559 catch basins requiring retrofits, and with the completion of this phase, the City has retrofitted a total of 315 catch basins.

Background:

On May 20, 2025, the City Council awarded a
construction contract to G2 Construction, Inc.
(Attachment 3) for the installation of trash
capture devices within 74 inlets in the locations
shown on the map hereon.

The work consisted of mobilization and traffic
control; catch basin cleaning; and custom
design, fabrication, and installation of three
types of devices. Upon closer investigation and
troubleshooting by the City and G2, three catch
basins in the original contract were determined
infeasible for device installation at this time and
were removed from the project. Each of the
remaining 71 inlets received either a Connector
Pipe Screen (CPS), Grated Inlet Trash Screen
1079
Meeting Date: October 21, 2025 Agenda Item: 11F.

CITY OF SAN CLEMENTE 2
(GITS), or Automatic Retractable Screen (ARS) device, with several ARS devices installed on the curb face as an added layer of defense against trash reaching and potentially clogging a new CPS installed inside the catch basin.

Work was completed between May 22, 2025 and September 30, 2025. Below are representative photographs of the three device types installed.

A summary of the total construction expenditures is provided below:

Construction Management and Inspection $5,500
Construction Contract $404,793
Total Construction Cost $410,293
Council Options:
 Adopt Resolution No. 25-161 (Attachment 1), which would accept the completed construction work for the El Camino Real Runoff Treatment Project.
 Adopt Resolution No. 25-161 with modifications.
 Continue the item with direction to provide additional information.

Environmental Review/Analysis:

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

Recommended Actions:
..recommendation
Staff recommends that the City Council adopt Resolution No. 25-161, which will:

1. Accept the El Camino Real Runoff Treatment Project, CIP Project No. 26802, from G2 Construction, Inc.;

2. Authorize the City Clerk to execute and record the Notice of Completion for the El Camino Real Runoff Treatment Project, CIP Project No. 26802;
1080
Meeting Date: October 21, 2025 Agenda Item: 11F.

CITY OF SAN CLEMENTE 3

3. Authorize the City Clerk to release the payment bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against G2 Construction, Inc.; and

4. Authorize the City Clerk to release the performance bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works Director in the amount of 25% of the total construction cost.
..end
Attachment:

1. Resolution 25-161

2. Notice of Completion

3. Staff Report dated May 20, 2025
Notification:

None.
1081
Attachment 1
RESOLUTION NO. 25-161

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, ACCEPTING AS

COMPLETE THE EL CAMINO REAL CORRIDOR
RUNOFF TREATMENT PROJECT, CIP PROJECT NO.
26802
WHEREAS, the State Water Resources Control Board, in an attempt to reduce trash, debris, and associated bacteria loading into the State’s waterways, authorized the Trash Provisions for municipal MS4 NPDES permit compliance in 2015; and
WHEREAS, the City of San Clemente is required to implement, within hightraffic areas designated Priority Land Use (PLU) areas, full capture equivalency in its storm inlet network for trash down to 5 mm in size by the end of 2030; and WHEREAS, G2 Construction, Inc. currently contracts with the County of Orange under a Master Agreement to support municipalities throughout the County who wish to piggyback on their contract terms and pricing for specialized fabrication and installation of trash capture devices, as the City of San Clemente did previously in 2021, 2022, and 2024; and
WHEREAS, on May 20, 2025, the City Council awarded a construction contract to G2 Construction, Inc. for Phase 4 of the storm inlet trash capture device installation program, titled the El Camino Real Corridor Runoff Treatment Project, CIP Project No. 26802; and
WHEREAS, between May 22, 2025 and September 30, 2025, a total of 114 trash capture devices were fabricated and installed throughout a total of 71 Cityowned catch basins, in compliance with the terms of G2 Construction, Inc.’s contract with the City; and
WHEREAS, G2 Construction, Inc. has completed the work to the satisfaction of the Public Works Director/City Engineer.

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

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

SECTION 2. That the City Council accepts as complete the El Camino Real Corridor Runoff Treatment Project, CIP Project No. 26802, from G2 Construction, Inc. 1082
Resolution No. 25-161 Page 2
SECTION 3. That the City Council authorizes the City Clerk to execute and record a Notice of Completion for the El Camino Real Corridor Runoff Treatment Project, CIP Project No. 26802.

SECTION 4. That the City Council authorizes the City Clerk to release the payment bond for this project 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against G2 Construction, Inc.

SECTION 5. That the City Council authorizes the City Clerk to release the performance bond for this project upon receipt of a warranty bond in the form acceptable to the Public Works Director/City Engineer in the amount of 25% of the total construction cost.

SECTION 6. 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 ____________________, 2025.

ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 1083
Resolution No. 25-161 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. 25-161 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
1084
Attachment 2
Recording Requested By:

City of San Clemente
When Recorded, Mail To:

City Clerk Department
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Recorded for the benefit of the City of San
Clemente and exempt from recording fees
pursuant to Government Code Section 27383.

Space above this line is for Recorder’s Use Only

NOTICE OF COMPLETION
Notice is hereby given by the City of San Clemente, a Municipal Corporation, that a public work of improvement has been completed as follows:

1. Project title or description of work: El Camino Real Corridor Runoff Treatment Project, CIP Project No. 26802

2. Date of completion: September 30, 2025

3. Street address or legal description of the project site: Various Locations, generally situated along El Camino Real between Avenida Pico to the north and Avenida Santa Margarita to the south.

4. Name of owner: City of San Clemente

5. Interest or estate of owner: City of San Clemente

6. Address of owner: 910 Calle Negocio, San Clemente, CA 92673

7. Name and address of contractor: G2 Construction, Inc, 1352 East Borchard Avenue, Santa Ana, CA 92705
I am the City Clerk for the City of San Clemente, a Municipal Corporation, the owner of the indicated interest or estate in the property described above. I make this verification on behalf of the City of San Clemente. I have read this Notice of Completion and know its contents. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on __________________________ in San Clemente, California. ________________________________________
Laura Campagnolo,
City Clerk
City of San Clemente
1085
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
Meeting Date: May 20, 2025 Agenda Item: 11H.

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

STORM DRAIN TRASH CAPTURE DEVICES FOR THE EL CAMINO REAL CORRIDOR RUNOFF TREATMENT PROJECT, CIP PROJECT NO. 26802, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT, AUTHORIZING A RELATED APPROPRIATION

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

The total estimated project cost is $415,500, consisting of $410,000 in contracted services and an additional $5,500 for nominal internal project management staff time, which is funded from within Clean Ocean Improvements Fund, Account No. 057-543-43690-000-26802.

Orange County Transportation Authority (OCTA) Comprehensive Transportation Funding Program awarded the City an Environmental Cleanup Program Tier 1 Grant for this project in October 2024, which will partially fund the installation of this project in the amount of $328,000.

OCTA will fund this project consistent with the grant guidelines requiring an 80/20 split in construction costs.

There is no additional budgeted appropriation being requested at this time to fund the City’s share of this project. The City’s local match for the remaining portion of $87,500 will be funded through budget transfers within the Clean Ocean Fund.

Summary:

Before the City Council is the award of a construction contract to G2 Construction, Inc. in the amount of $410,000 for installation of trash capture devices in 74 City-owned storm drains along the vicinity of El Camino Real, which is the fourth 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 242 catch basin inserts have been installed in recent years through the previous three phases of the catch basin insert program, as shown below.
1 Attachment 3
1086
Meeting Date: May 20, 2025 Agenda Item: 11H.

CITY OF SAN CLEMENTE
Full-capture Connector Pipe Screen
(CPS)
Full-capture Grate Inlet Trash Screen
(GITS)
Automatic Retractable Screen (ARS)
Background:

The California State Water Resources Control Board (SWRCB) 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 with municipal separate storm sewer systems (MS4s) have until the end of 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 (ECP) to help protect 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 10872
Meeting Date: May 20, 2025 Agenda Item: 11H.

CITY OF SAN CLEMENTE
funding is focused on small localized projects, while Tier 2 funding consists of regional, potentially multi-jurisdictional capital-intensive projects. The Measure M2 Project X ECP establishes a competitive process for projects that improve water quality in Orange County from transportationgenerated 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 ECP 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. Tier 1 grants are especially beneficial because of the low 20% required local funding match.

The City was awarded a $328,000 M2 Project X ECP Tier 1 Grant (Grant) from OCTA in October 2024. This project will entail retrofitting 74 City storm drain catch basins along the El Camino Real corridor. This project will retrofit 13% of the required 559 storm drains. See Attachment 2 for a Project Location Map showing the 74 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 (see above photos).

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 (see above photo). Street sweepers can collect this captured debris during routine street sweeping processes.

The grant guidelines allow for use of pre-qualified contractors and devices. Orange County 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, including G2, 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 10883
Meeting Date: May 20, 2025 Agenda Item: 11H.

CITY OF SAN CLEMENTE
included three types of G2 Construction devices in the City’s grant application. See Attachment 4 for a copy of the contract between the County and G2 Construction.

Staff recommends entering into a contract with G2 Construction (Attachment 5) “piggybacking” off of the existing contract between the County and G2 Construction. “Piggybacking” or cooperative purchase agreement are an exception to competitive bidding requirements and authorized under the California Public Contract Code and by Section XI(A)(1.4) of City Procurement Policy and Procedure No. 201-2-1.

The City was awarded $328,000 from OCTA in grant funding and will be required to provide the required 20% match amount of $82,000. The City will also be required to contract for the same specifications (Attachment 6) provided in the original grant application, which are also referenced in the prospective contract with G2 Construction. City Council approved the submittal of the grant application (https://www.san-clemente.org/home/showpublisheddocument/83017) and the expenditure of the required match via Resolution No. 24-71 at its May 7, 2024 meeting (Attachment 7).

Total construction project costs, including overhead and staff costs, are estimated as shown in Table 2 Below. Overhead is anticipated to be minimal due to environmental programs staff managing trash capture device programs as part of their regular duties, and due to familiarity with the G2 team and their previous work on similar City projects.

Table 2. Construction Project Costs
Construction Management and Inspection $ 5,500
Construction $410,000
Total Estimated Project Cost $ 415,500
Council Options:
 Adopt Resolution No. 25-67, awarding a “piggyback” 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 El Camino Real Corridor Runoff Treatment Project, CIP Project No. 26802, 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. 25-67.
 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 consists of repair of existing public facilities involving no expansion of an existing use. 10894
Meeting Date: May 20, 2025 Agenda Item: 11H.

CITY OF SAN CLEMENTE
Recommended Actions:
..recommendation
Staff recommends that the City Council adopt Resolution No. 25-67, which will:

1. Authorize an appropriation of $328,000 from an OCTA Environmental Cleanup Program Grant to Account No. 057-543-43690-000-26802;

2. Find the El Camino Real Corridor Runoff Treatment Project, CIP Project No. 26802, categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing facilities, 14 CCR Section 15301) of the State CEQA Guidelines;

3. Authorize an exemption to competitive bidding requirements for and award the El Camino Real Corridor Runoff Treatment Project, CIP Project No. 26802, contract to G2 Construction, Inc. as a cooperative purchase; and,

4. 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. C25-27 (Attachment 5) for the El Camino Real Corridor Runoff Treatment Project, CIP Project No. 26802. ..end
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 of San Clemente Contract with G2 Construction, Inc.

6. Project Bid and Specifications

7. City Council Resolution No. 24-71

8. Resolution No. 25-67
Notification:

G2 Construction, Inc.
10905
Legend
Vortex Drainage Area
San Clemente Priority Land Use
Commercial
High-Density Residential
Industrial
Non-PLU
ATTACHMENT 1
6 D
-
-
-
1091
City of San Clemente
Project Location Map
El Camino Real Corridor Runoff Treatment Project
With Storm Water Drainage Areas

Attachment 2
10927
Public Works
Integrity, Accountability, Service, Trust
Shane L. Silsby, Director
January 26, 2015
Sent via Email to: [email protected]
Eric Taylor
G2 Construction, Inc.
13331 Garden Grove Blvd., Suite K
Garden Grove, CA 92843
Subject: Request for Proposals (RFP) 080-P08019: Trash and Debris Capture Devices Dear Mr. Taylor,
Attachment 3
Thank you for responding to RFP 080-P08019: Trash and Debris Capture Devices. Based upon the County of Orange's criteria and award procedures set forth in the Request for Proposals, the Evaluation Committee is recommending the award of multiple Contracts to the following vendors:

1. G2 Construction, Inc.

2. Coanda Inc.

3. United Storm Water, Inc.

4. Revel Environmental Manufacturing, Inc.

5. TRC Solutions, Inc.

6. M3 Environmental, Inc.

The Contract will be put in place by the Orange County Public Works Department. As a term of the contract, municipalities participating in the Orange County Transportation Authority's Measure M2 program will be required to review the contract terms and conditions and prepare subordinate contracts as appropriate to their local policies. If you should have any questions, please feel free to contact me at [email protected], 714.667.9635, or by facsimile 714.834.4569.

Sin'7re!y,
1 �r �
PA
OC Public W arks
Procurement Services
P08019
300 N. Flower Street, Santa Ana, CA 92703
P.O. Box 4048, Santa Ana, CA 92702-4048
www.ocpublicworks.com
714.667.8800 I [email protected]
109313 8
Attachment 4
9 DocuSign Envelope ID: DCA2CF3D-555D-4553-B506-8785B6DBD25E County of Orange, OC Public Works
G2 Construction, Inc.

CONTRACT MA-080-20011478
WITH
G2 CONSTRUCTION, INC.

FOR
MA-080-20011478
Trash and Debris Capture Devices

TRASH AND DEBRIS CAPTURE DEVICES
THIS CONTRACT MA-080-20011478 for Trash and Debris Capture Devices ("Contract") 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 a County and Contractor sometimes individually referred to as "Party" or collectively as "Parties".

ATTACHMENTS
THIS CONTRACT is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract:

Attachment A - Scope of Work
Attachment B - Contractor Pricing

RECITALS
WHEREAS, Contractor and County are entering into this Contract for Trash and Debris Capture Devices ; and,
WHEREAS, County solicited Contract for Trash and Debris Capture Devices as set forth herein, and Contractor represented that it is qualified to provide Trash and Debris Capture Devices to the County as further set forth here; and,
WHEREAS, Contractor agrees to provide Trash and Debris Capture Devices to the County as further set forth in the Scope of Work, attached hereto as Attachment A; and, WHEREAS, County agrees to pay Contractor based on the schedule of hourly rates set forth in Payment/Compensation, attached hereto as Attachment B; and, WHEREAS, the County Board of Supervisors has authorized the Procurement Officer or designee to enter into a Contract for Trash and Debris Capture Services with the Contractor; and, NOW, THEREFORE, the Parties mutually agree as follows:

DEFINITIONS
DP A shall mean the Deputy Purchasing Agent assigned to this Contract.

ARTICLES
General Terms and Conditions:

A. Governing Law and Venue: This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the C026659 Pagel o/56
1094
10 DocuSign Envelope ID: DCA2CF3D-555D-4553-B506-8785B6DBD25E County of Orange, OC Public Works
G2 Construction, Inc.

MA-080-20011478
Trash and Debris Capture Devices
event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county.

B. Entire Contract: This Contract contains the entire Contract between the parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any County employee or agent, including but not limited to installers of software, shall not be valid or binding on County unless accepted in writing by County's Procurement Officer or designee.

C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing.

D. Taxes: Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. Ifno permit numbers are shown, sales tax will be deducted from payment. The Auditor-Controller will then pay use tax directly to the State of California in lieu of payment of sales tax to the Contractor.

E. Delivery: Time of delivery of goods or services is of the essence in this Contract. County reserves the right to refuse any goods or services and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed statement of work. Acceptance of any part of the order for goods shall not bind County to accept future shipments nor deprive it of the right to return goods already accepted at Contractor's expense. Over shipments and under shipments of goods shall be only as agreed to in writing by County. Delivery shall not be deemed to be complete until all goods or services have actually been received and accepted in writing by County.

F. Acceptance Payment: Unless otherwise agreed to in writing by County; 1) acceptance shall not be deemed complete unless in writing and until all the goods/services have actually been received, inspected, and tested to the satisfaction of County, and 2) payment shall be made in arrears after satisfactory acceptance.

G. Warranty: Contractor expressly warrants that the goods covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement upon Contractor's part to indemnify, defend and hold County and its indemnities as identified in article "Z" below, and as more fully described in article "Z," harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by County by reason of the failure of the goods/services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law.

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H. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement contained in article "Z" below, it shall indemnify, defend and hold County and County lndemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney's fees.

I. Assignment: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Contractor without the express written consent of County. Any attempt by Contractor to assign the performance or any portion thereof of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract.

J. Non-Discrimination: In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code.

K. Termination: In addition to any other remedies or rights it may have by law, County has the right to immediately terminate this Contract without penalty for cause or after 30 days' written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of the Contractor. Exercise by County of its right to terminate the Contract shall relieve County of all further obligation.

L. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

M. Independent Contractor: Contractor shall be considered an independent contractor and neither Contractor, its employees, nor anyone working under Contractor shall be considered an agent or an employee of County. Neither Contractor, its employees nor anyone working under Contractor shall qualify for workers' compensation or other fringe benefits of any kind through County.

N. Performance Warranty: Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County's satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract.

Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance C026659 Page3of56
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of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.

0. Bonds:

Payment and Performance Bonds:

A payment bond and performance is required for a public works contract involving expenditure in excess of twenty-five thousand dollars ($25,000) and no work can be commenced prior to both bonds being approved the County.

The Contractor shall furnish, at time of signing the Contract, one surety bond which shall protect the laborers and material men and shall be for $60,000, in accordance with Section 9554 of the Civil Code, and one surety bond in the amount of $60,000, guaranteeing the faithful performance of the Contract. If at any time the value of the total task orders is expected to exceed $60,000, the Contractor shall furnish, in a manner acceptable to the County, evidence that the Contractor is bonded to the expected total value of outstanding task orders for both the faithful performance and laborers and material men bonds. Contractor shall not be entitled to, nor shall County authorize, task orders when the total outstanding value of the task orders under this contract exceeds the bond values for which the County is an obligee. Said bonds to be approved by the office of the County Counsel and the County Executive Office of Orange County. Such bonds shall be the forms provided in these specifications and issued and executed by an admitted surety insurer (authorized to transact surety insurance in California). (e.g., if the bonds are issued through a surplus line broker, both the surplus line broker and the insurer with whom he is doing business for purposes of this project must be licensed in California to issue such bonds.) The faithful performance bond shall be issued by a Surety company with a minimum insurance rating of A- (Secure Best's Rating) and VIII (Financial Size Category) as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com.

The Surety Company must also be authorized to write in California by the Department of the Treasury, and must be listed on the most current edition of the Department of Treasury's Listing of Approved Securities.

If any surety upon any bond furnished in connection with this Contract becomes unacceptable to the County, or if any such surety fails to furnish reports as to his financial condition from time to time as requested by OC Public Works, the Contractor shall promptly furnish such additional security as may be required by OC Public Works or the Board of Supervisors from time to time to protect the interests of the County and of persons supplying labor or materials in the prosecution of the Work contemplated by this Contract.

If the County increases the total Contract amount the Contractor is to provide a new bond for the new total Contract amount or a bond for the difference.

Execution of the Agreement and Notice to Proceed: County will not execute the Agreement or issue a Notice to Proceed with the work until Bidder has submitted and County has approved Bidder's Faithful Performance and Labor and Material Payment Bonds, proof of insurance, and initial job progress schedule. All such submittals must be received by County within 10 calendar days of award of the Contract. Any claims by Contractor for adjustments in time and/or cost for delays in issuing the Notice to Proceed due to Contractor's failure to deliver bonds, insurance, and initial job progress schedule acceptable to County will not be considered.

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P. Insurance Requirements:

Prior to the provision of services under this Contract, the Contractor agrees to purchase all required insurance at Contractor's expense, including all endorsements required herein, necessary to satisfy the County that the insurance provisions of this Contract have been complied with. Contractor agrees to keep such insurance coverage, Certificates of Insurance, and endorsements on deposit with the County during the entire term of this Contract. In addition, all subcontractors performing work on behalf of Contractor pursuant to this Contract shall obtain insurance subject to the same terms and conditions as set forth herein for Contractor.

Contractor shall ensure that all subcontractors performing work on behalf of Contractor pursuant to this Contract shall be covered under Contractor's insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for Contractor. Contractor shall not allow subcontractors to work if subcontractors have less than the level of coverage required by County from Contractor under this Contract. It is the obligation of Contractor to provide notice of the insurance requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance must be maintained by Contractor through the entirety of this Contract for inspection by County representative(s) at any reasonable time.

All self-insured retentions {SIRs) shall be clearly stated on the Certificate of Insurance. Any selfinsured retention {SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall specifically be approved by the County's Risk Manager, or designee, upon review of Contractor's current audited financial report. If Contractor's SIR is approved, Contractor, in addition to, and without limitation of, any other indemnity provision(s) in this Contract, agrees to all of the following:
1) In addition to the duty to indemnify and hold the County harmless against any and all liability, claim, demand or suit resulting from Contractor's, its agents, employee's or subcontractor's performance of this Contract, Contractor shall defend the County at its sole cost and expense with counsel approved by Board of Supervisors against same; and 2) Contractor's duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless; and
3) The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and the Contractor's SIR provision shall be interpreted as though the Contractor was an insurer and the County was the insured.

If the Contractor fails to maintain insurance acceptable to the County for the full term of this Contract, the County may terminate this Contract.

Qualified Insurer
The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California (California Admitted Carrier).

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If the insurance carrier does not have an A.M. Best Rating of A-NIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings.

The policy or policies of insurance maintained by the Contractor shall provide the minimum limits and coverage as set forth below:

Coverage
Commercial General Liability
Automobile Liability including coverage
for owned, non-owned and hired vehicles
Workers Compensation
Employers Liability Insurance
Professional Liability Insurance
or per occurrence
Required Coverage Forms
Minimum Limits
$1,000,000 per occurrence
$2,000,000 aggregate
$1 ,000,000 per occurrence
Statutory
$1,000,000 per occurrence
$1,000,000 per claims made
The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad.

The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20, or a substitute form providing coverage at least as broad.

Required Endorsements
The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance:
1) An Additional Insured endorsement using ISO form CG 20 26 04 13or a form at least as broad naming the County of Orange its elected and appointed officials, officers, agents and employees as Additional Insureds, or provide blanket coverage, which will state AS REQUIRED BY WRITTEN CONTRACT.
2) A primary non-contributing endorsement using ISO form CG 20 01 04 13, or a form at least as broad evidencing that the Contractor's insurance is primary and any insurance or self-insurance maintained by the County of Orange shall be excess and non-contributing.

The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees or provide blanket coverage, which will state AS REQUIRED BY WRITTEN CONTRACT.

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All insurance policies required by this Contract shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment.

Contractor shall notify County in writing within thirty (30) days of any policy cancellation and ten ( 10) days for non-payment of premium and provide a copy of the cancellation notice to County.

Failure to provide written notice of cancellation may constitute a material breach of the Contract, upon which the County may suspend or terminate this Contract.

The Commercial General Liability policy shall contain a severability of interests clause also known as a "separation of insureds" clause (standard in the ISO CG 0001 policy).

Insurance certificates should be forwarded to the agency/department address listed on the solicitation.

If the Contractor fails to provide the insurance certificates and endorsements within seven (7) days of notification by CEO/Procurement or the agency/department procurement division, award may be made to the next qualified vendor.

County expressly retains the right to require Contractor to increase or decrease insurance of any of the above insurance types throughout the term of this Contract. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County.

County shall notify Contractor in writing of changes in the insurance requirements. If Contractor does not deposit copies of acceptable Certificates of Insurance and endorsements with County incorporating such changes within thirty (30) days of receipt of such notice, this Contract may be in breach without further notice to Contractor, and County shall be entitled to all legal remedies.

The procuring of such required policy or policies of insurance shall not be construed to limit Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract, nor act in any way to reduce the policy coverage and limits available from the insurer.

Q. Changes: Contractor shall make no changes in the work or perform any additional work without the County's specific written approval.

R. Force Majeure: Contractor shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Contractor gives written notice of the cause of the delay to County within 36 hours of the start of the delay and Contractor avails himself of any available remedies.

S. Confidentiality: Contractor agrees to maintain the confidentiality of all County and Countyrelated records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by Contractor and Contractor's staff, agents and employees.

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T. Compliance with Laws: Contractor represents and warrants that services to be provided under this Contract shall fully comply, at Contractor's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively "laws"), including, but not limited to those issued by County in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by County. Contractor acknowledges that County is relying on Contractor to ensure such compliance, and pursuant to the requirements of article "Z" below, Contractor agrees that it shall defend, indemnify and hold County and County INDEMNITEES harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.

U. Freight: Prior to the County's express acceptance of delivery of products. Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract.

V. Severability: If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

W. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract, each party shall bear their own attorney's fees, costs and expenses.

X. Interpretation: This Contract has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to effect the purpose of the parties and this Contract.

Y. Employee Eligibility Verification: The Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. The Contractor shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. The Contractor shall retain all such documentation for all covered employees for the period prescribed by the law. The Contractor shall indemnify, defend with counsel approved in writing by County, and hold harmless, the County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against the Contractor or the County or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.

Z. Indemnification: Contractor agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees, agents and those special districts and agencies which County's Board of Supervisors acts as the governing Board C026659 Page Bo/56
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("County Indemnitees") harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by Contractor pursuant to this Contract. If judgment is entered against Contractor and County by a court of competent jurisdiction because of the concurrent active negligence of County or County Indemnitees, Contractor and County agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment.

AA. Audits/Inspections: Contractor agrees to permit the County's Auditor-Controller or the AuditorController's authorized representative (including auditors from a private auditing company hired by the County) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of the Contract including, but not limited to, the costs of administering the Contract. The County will provide reasonable notice of such an audit or inspection.

The County reserves the right to audit and verify the Contractor's records before final payment is made.

Contractor agrees to maintain such records for possible audit for a minimum of three years after final payment, unless a longer period of records retention is stipulated under this Contract or by law. Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right to the County to audit records and interview staff of any subcontractor related to performance of this Contract.

Should the Contractor cease to exist as a legal entity, the Contractor's records pertaining to this Contract shall be forwarded to the County's project manager.

BB. Contingency of Funds: Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon state budget approval; receipt of funds from, and/or obligation of funds by, the state of California to County; and inclusion of sufficient funding for the services hereunder in the budget approved by County's Board of Supervisors for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, County may immediately terminate or modify this Contract without penalty.

CC. Expenditure Limit: The Contractor shall notify the County of Orange assigned Deputy Purchasing Agent in writing when the expenditures against the Contract reach 75 percent of the dollar limit on the Contract. The County will not be responsible for any expenditure overruns and will not pay for work exceeding the dollar limit on the Contract unless a change order to cover those costs has been issued.

DD. Subcontracting: No performance of this Contract or any portion thereof may be subcontracted by the Contractor without the express written consent of the County. Any attempt by the Contractor to subcontract any performance of this Contract without the express written consent of the County shall be invalid and shall constitute a breach of this Contract.

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In the event that the Contractor is authorized by the County to subcontract, this Contract shall take precedence over the terms of the Contract between Contractor and subcontractor and shall incorporate by reference the terms of this Contract. The County shall look to the Contractor for performance and indemnification and not deal directly with any subcontractor. All work performed by a subcontractor.

Additional Terms and Conditions:

1. Scope of Contract: This Contract specifies the contractual terms and conditions by which the County will procure Trash and Debris Capture Devices from Contractor as further detailed in the Scope of Work, identified and incorporated herein by this reference as "Attachment A".

2. Term of Contract: The initial term of this Contract shall be effective upon execution of all necessary signatures and shall continue for five (5) years from that date, unless otherwise terminated as provided herein.

3. Adjustments - Scope of Work: No adjustments made to the Scope of Work will be authorized without prior written approval of the County assigned Deputy Purchasing Agent.

4. Breach of Contract: The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a) Terminate the Contract immediately, pursuant to Section K herein; b) Afford the Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; c) Discontinue payment to the Contactor for and during the period in which the Contractor is in breach; and
d) Offset against any monies billed by the Contractor but yet unpaid by the County those monies disallowed pursuant to the above.

5. Civil Rights: Contractor attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability.

6. Conflict of Interest- Contractor's Personnel: The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the County. This obligation shall apply to the Contractor; the Contractor's employees, agents, and subcontractors associated with accomplishing work and services hereunder. The Contractor's efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers from acting in the best interests of the County.

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7. Conflict of Interest - County Personnel: The County of Orange Board of Supervisors policy prohibits its employees from engaging in activities involving a conflict of interest. The Contractor shall not, during the period of this Contract, employ any County employee for any purpose.

8. Contractor's Project Manager and Key Personnel: Contractor shall appoint a Project Manager to direct the Contractor's efforts in fulfilling Contractor's obligations under this Contract. This Project Manager shall be subject to approval by the County and shall not be changed without the written consent of the County's Project Manager, which consent shall not be unreasonably withheld.

The Contractor's Project Manager shall be assigned to this project for the duration of the Contract and shall diligently pursue all work and services to meet the project time lines. The County's Project Manager shall have the right to require the removal and replacement of the Contractor's Project Manager from providing services to the County under this Contract. The County's Project manager shall notify the Contractor in writing of such action. The Contractor shall accomplish the removal within five (5) business days after written notice by the County's Project Manager. The County's Project Manager shall review and approve the appointment of the replacement for the Contractor's Project Manager. The County is not required to provide any additional information, reason or rationale in the event it The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor's Project Manager from providing further services under the Contract.

9. Contractor's Expense: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on County sites during the performance of work and services under this Contract. The County will not provide free parking for any service in the County Civic Center.

10. Contractor Personnel - Uniform/Badges/Identification: The Contractor warrants that all persons employed to provide service under this Contract have satisfactory past work records indicating their ability to accept the kind of responsibility under this Contract.

All Contractor's employees shall be required to wear uniforms, badges, or other means of identification which are to be furnished by the Contractor and must be work at all times while working on County property. The assigned Deputy Purchasing Agent must be notified in writing, within seven (7) days of notification of award of Contract of the uniform and/or badges and/or other identification to be worn by employees prior to beginning work and notified in writing seven (7) days prior to any changes in this procedure.

11. Contractor's Records: The Contractor shall keep true and accurate accounts, records, books and data which shall correctly reflect the business transacted by the Contractor in accordance with generally accepted accounting principles. These records shall be stored in Orange County for a period of three (3) years after final payment is received from the County. Storage of records in another county will require written approval from the County of Orange assigned Deputy Purchasing Agent.

12. Conditions Affecting Work: The Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions which can affect the work or the cost thereof. Any failure by the Contractor to do so will not relieve Contractor from responsibility for successfully performing the C026659 Page 11 o/56
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work without additional cost to the County. The County assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by the County are expressly stated in the Contract.

13. Contractor Personnel- Reference Checks: The Contractor warrants that all persons employed to provide service under this Contract have satisfactory past work records indicating their ability to adequately perform the work under this Contract. Contractor's employees assigned to this project must meet character standards as demonstrated by background investigation and reference checks, coordinated by the agency/department issuing this Contract.

14. Conditions Affecting Work: The Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions which can affect the work or the cost thereof. Any failure by the Contractor to do so will not relieve Contractor from responsibility for successfully performing the work without additional cost to the County. The County assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by the County are expressly stated in the Contract.

15. Regional Cooperative Agreement: Regional Cooperative Agreements (RCA) awarded by the County of Orange are intended to be used as cooperative agreements against which individual subordinate contracts may be executed by participating County departments and non-County public entities during the effective dates outlined herein. The RCA terms, conditions, and pricing shall be extended to all subordinate contracts issued in accordance with the RCA. Subordinate contracts shall be in full force and effect through their agreed upon termination date, unless otherwise terminated by the agency/department. County departments and non-County public entities shall issue subordinate contracts in their own names and be solely responsible for all payment requirements. Contractor shall ensure that all subordinate contracts with non-County public agencies contain an indemnification clause in which the non-County agency indemnifies and holds harmless the County of Orange from all claims, demand actions, or causes of actions of every kind arising out of, or in any way connected with the use of County issued cooperative agreements.

Failure to meet this requirement shall be considered a material breach of this RCA and grounds for immediate contract termination. The cooperative entities are responsible for obtaining all certificates of insurance and bonds required. The Contractor is responsible for providing each cooperative entity a copy of the Contract upon request by the cooperative entity. The County of Orange makes no guarantee of usage by other users of this Contract.

Contactor and participating non-County entities shall ensure adherence to all applicable public project competitive bidding and public works prevailing wage statutes, as required by law, for installation work.

The Contractor shall be required to maintain a list of the cooperative entities using this Contract. The list shall report dollar volumes spent annually and shall be provided on an annual basis to the County, at the County's request.

16. Breach of Contract: The failure of the Contractor to comply with any of the provisions, covenants, or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:

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a. Afford the contractor written notice of the breach and ten calendar days or such shorter time that may be specified in this contract within which to cure the breach; b. Discontinue payment to the contactor for and during the period in which the contractor is in breach; and
c. Offset against any monies billed by the contractor but yet unpaid by the County those monies disallowed pursuant to the above.

17. Data - Title To: All materials, documents, data or information obtained from the County data files or any County medium furnished to the Contractor in the performance of this Contract will at all times remain the property of the County. Such data or information may not be used or copied for direct or indirect use by the Contractor after completion or termination of this Contract without the express written consent of the County. All materials, documents, data or information, including copies, must be returned to the County at the end of this Contract.

18. Default - Reprocurement Costs: In case of Contract breach by Contractor, resulting in termination by the County, the County may procure the goods and/or services from other sources.

If the cost for those goods and/or services is higher than under the terms of the existing Contract, Contractor will be responsible for paying the County the difference between the Contract cost and the price paid, and the County may deduct this cost from any unpaid balance due the Contractor.

The price paid by the County shall be the prevailing market price at the time such purchase is made.

This is in addition to any other remedies available under this Contract and under law.

19. Disputes-Contract:

A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor's Project Manager and the County's Project Manager, as specified in Article 22. "Notices," such matter shall be brought to the attention of the County Deputy Purchasing Agent by way of the following process:

1. The Contractor shall submit to the agency/department assigned Deputy Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.

2. The Contractor's written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.

B. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor's failure to diligently proceed shall be considered a material breach of this Contract.

Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County Deputy Purchasing Agent or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor's demand, it shall be deemed a final decision C026659 Page 13 o/56
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adverse to the Contractor's contentions. Nothing in this section shall be construed as affecting the County's right to terminate the Contract for cause or termination for convenience as stated in section K herein.

20. Drug-Free Workplace: The Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The Contractor will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(l).

2. Establish a drug-free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
a. The dangers of drug abuse in the workplace;
b. The organization's policy of maintaining a drug-free workplace; c. Any available counseling, rehabilitation and employee assistance programs; and
d. Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract:
a. Will receive a copy of the company's drug-free policy statement; and b. Will agree to abide by the terms of the company's statement as a condition of employment under this Contract.

Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the Contract or both, and the Contractor may be ineligible for award of any future County contracts if the County determines that any of the following has occurred:

1. The Contractor has made false certification, or

2. The Contractor violates the certification by failing to carry out the requirements as noted above.

21. EDD Independent Contractor Reporting Requirements: Effective January 1, 2001, the County of Orange is required to file in accordance with subdivision (a) of Section 604 lA of the Internal Revenue Code for services received from a "service provider" to whom the County pays $600 or more or with whom the County enters into a contract for $600 or more within a single calendar year. The purpose of this reporting requirement is to increase child support collection by helping to locate parents who are delinquent in their child support obligations.

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The term "service provider" is defined in California Unemployment Insurance Code Section 1088.8, sub article B.2 as "an individual who is not an employee of the service recipient for California purposes and who received compensation or executes a contract for services performed for that service recipient within or without the state." The term is further defined by the California Employment Development Department to refer specifically to independent Contractors. An independent Contractor is defined as "an individual who is not an employee of the ... government entity for California purposes and who receives compensation or executes a contract for services performed for that ... government entity either in or outside of California." The reporting requirement does not apply to corporations, general partnerships, limited liability partnerships, and limited liability companies.

Additional information on this reporting requirement can be found at the California Employment Development Department web site located at
htt p://www.edd.ca.gov/Employer Services.htm

22. Errors and Omissions: All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by Contractor as project manager and key personnel attached hereto, prior to submission to the County.

Contractor agrees that County review is discretionary and Contractor shall not assume that the County will discover errors and/or omissions. If the County discovers any errors or omissions prior to approving Contractor's reports, files and other written documents, the reports, files or documents will be returned to Contractor for correction. Should the County or others discover errors or omissions in the reports, files or other written documents submitted by the Contractor after County approval thereof, County approval of Contractor's reports, files or documents shall not be used as a defense by Contractor in any action between the County and Contractor, and the reports, files or documents will be returned to Contractor for correction.

23. Equal Employment Opportunity: The Contractor shall comply with U.S. Executive Order 11246 entitled, "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor regulations ( 41 CFR, Part 60) and applicable state of California regulations as may now exist or be amended in the future. The Contractor shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition.

Regarding handicapped persons, the Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future.

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Regarding Americans with disabilities, Contractor agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future.

24. News/Information Release: The Contractor agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from the County through the County's Project Manager.

25. Notices: Any and all notices, requests demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing with a copy provided to the assigned Deputy Purchasing Agent (DPA), except through the course of the parties' project managers' routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual inperson delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid.

Contractor:

County's Project Manager:

G2 Construction Inc.

Attn: Eric H. Taylor
1352 E. Boarchard Ave.

Santa Ana, CA 92705
Phone: 714-679-2550
Email: [email protected]
OC Public W orks/OC Environmental Services
Attn: Grant Sharp
2301 N. Glassell Street
Orange, CA 92865
Phone:714-955-0633
Email: [email protected]
cc: OC Public Works/Procurement Services
Attn: Nicholas Murray, County DPA
Santa Ana, CA 92701
Phone: 714-667-<TBA>
Email: [email protected]

26. Precedence: The Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among the Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the exhibits and attachments.

27. Termination - Orderly: After receipt of a termination notice from the County of Orange, the Contractor may submit to the County a termination claim, if applicable. Such claim shall be submitted promptly, but in no event later than 60 days from the effective date of the termination, unless one or more extensions in writing are granted by the County upon written request of the C026659 Page 16 o/56
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Contractor. Upon termination County agrees to pay the Contractor for all services performed prior to termination which meet the requirements of the Contract, provided, however, that such compensation combined with previously paid compensation shall not exceed the total compensation set forth in the Contract. Upon termination or other expiration of this Contract, each party shall promptly return to the other party all papers, materials, and other properties of the other held by each for purposes of performance of the Contract.

28. Usage: No guarantee is given by the County to the Contractor regarding usage of this Contract.

Usage figures, if provided, are approximations. The Contractor agrees to supply services and/or commodities requested, as needed by the County of Orange, at rates/prices listed in the Contract, regardless of quantity requested.

29. Usage Reports: The Contractor shall submit usage reports on an annual basis to the assigned Deputy Purchasing Agent of the County of Orange user agency/department. The usage report shall be in a format specified by the user agency/department and shall be submitted 90 days prior to the expiration date of the contract term, or any subsequent renewal term, if applicable.

30. Prevailing Wage: (Labor Code §1773): Pursuant to the provisions of Section 1773 of the Labor Code of the state of California, the contractor shall comply with the general prevailing rates of per diem wages and the general prevailing rates for holiday and overtime wages in this locality for each craft, classification, or type of worker needed to execute this contract. The rates are available from the Director of the Department of Industrial Relations at the following website:
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm. The contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates. The Contractor shall comply with the provisions of Sections 177 5 and 1813 of the Labor Code.

31. Payroll Records: Contractor and any Subcontractor(s) shall comply with the requirements of Labor Code Section 1776. Such compliance includes the obligation to furnish the records specified in Section 1776 directly to the Labor Commissioner in an electronic format, or other format as specified by the Commissioner, in the manner provided by Labor Code Section 1771.4.

C026659
The requirements of Labor Code Section 1776 provide in part:
i. Contractor and any Subcontractor( s) performing any portion of the work under this Contract shall keep an accurate 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 Contractor or any Subcontractor(s) in connection with the work.
ii. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(A) The information contained in the payroll record is true and correct. (B) The employer has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any work performed by his or her employees in connection with the Contract.
iii. The payroll records shall be certified and shall be available for inspection at the principal office of Contractor on the basis set forth in Labor Code Section 1776.

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1v. Contractor shall inform County of the location of the payroll records, including the street address, city and county, and shall, within five working days, provide a notice of any change of location and address of the records. v. Pursuant to Labor Code Section 1776, Contractor and any Subcontractor(s) shall have 10 days in which to provide a certified copy of the payroll records subsequent to receipt of a written notice requesting the records described herein. In the event that Contractor or any Subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to County forfeit $100, or a higher amount as provided by Section 1776, for each calendar day, or portion thereof, for each worker to whom the noncompliance pertains, until strict compliance is effectuated.

Contractor acknowledges that, without limitation as to other remedies of enforcement available to County, upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of the California Department of Industrial Relations, such penalties shall be withheld from progress payments then due Contractor. Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a Subcontractor to comply with this section.

Contractor and any Subcontractor(s) shall comply with the provisions of Labor Code Sections 1771 et seq., and shall pay workers employed on the Contract not less than the general prevailing rates of per diem wages and holiday and overtime wages as determined by the Director of Industrial Relations. Contractor shall post a copy of these wage rates at the job site for each craft, classification, or type of woi::kerneeded in the performance of this Contract, as well as any additional job site notices required by Labor Code Section 177 l .4(b ). Copies of these rates are on file at the principal office of County's representative, or may be obtained from the State Office, Department of Industrial Relations ("DIR") or from the DIR's website at www.dir.ca.e:ov. If the Contract is federally funded, Contractor and any Subcontractor(s) shall not pay less than the higher of these rates or the rates determined by the United States Department of Labor.

Prevailing Wage and DIR Requirement:

Awarding agencies are not required to submit the notice of contract award through DIR's PWC100 system on projects that fall within the small project exemption. The small project exemption applies for all public works projects that do not exceed:
• $25,000 for new construction, alteration, installation, demolition or repair • $15,000 for maintenance
If the project meets or exceeds these amounts, the County and the Contractor are required to register the project with the California Department of Industrial Relations. https://www.dir.ca.gov/Public-Works/PublicWorks.html

33. Apprenticeship requirements: The Contractor shall comply with Section 230.l(A), California Code of Regulations as required by the Department of Industrial Relations, Division of C026659 Page 18 o/56
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Apprenticeship Standards by submitting DAS Form to the Joint Apprenticeship Committee of the craft or trade in the area of the site.

34. Registration of Contractors: All contractors and subcontractors must comply with the requirements of Labor Code Section 1771.1 ( a), pertaining to registration of contractors pursuant to Section 1725.5. Bids cannot be accepted from unregistered contractors except as provided in Section 1771.1. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. After award of the contract, Contractor and each Subcontractor shall furnish electronic payroll records directly to the Labor Commissioner in the manner specified in Labor Code Section 1771.4.

35. Change of Ownership/Name, Litigation Status, Conflicts with County Interests: Contractor agrees that if there is a change or transfer in ownership of Contractor's business prior to completion of this Contract, the new owners shall be required under the terms of sale or other instruments of transfer to assume Contractor's duties and obligations contained in this Contract, and complete them to the satisfaction of the County. County reserves the right to immediately terminate the Contract in the event the County determines that the assignee is not qualified or is otherwise unacceptable to the County for the provision of services under the Contract. Contractor has the duty to notify the County in writing of any change in the Contractor's status with respect to name changes that do not require an assignment of the Contract. The Contractor is also obligated to notify the County in writing of any potential conflicts of interest between Contractor and County that may arise prior to or during the period of Contract performance. While Contractor will be required to provide this information without prompting from the County any time there is a change in Contractor's name, or conflict of interest, Contractor must also provide an update to the County of its status in these areas whenever requested by the County. The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with County interests. In addition to the Contractor, this obligation shall apply to the Contractor's employees, agents, and subcontractors associated with the provision of goods and services provided under this Contract. The Contractor's efforts shall include, but not be limited to establishing rules and procedures preventing its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers in the performance of their dutie C026659 Page 19 of 56
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Signature Page
RFP# 080-C016977-NF
IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date following their respective signatures.

G2 CONSTRUCTION, INC.*
~ ~- dl.».o¥-(J..tb John R. Alvarado President
Signature Name Title
VfJ.,itJ,. b. 41.».o¥-~ Lydia G. A 1 var ado Treasurer
Signature Name Title
COUNTY OF ORANGE, A political subdivision of the State of California COUNTY AUTHORIZED SIGNATURE:
/signature Name Title
APPROVED AS TO FORM:

County Counsel
By _~ _ _ __
S~ _____ ___ Mark Sanchez
_
Date
Deputy
3/26/2020
- - --- ---------
3/26/2020
Date
3/26/2020
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 signee to bind the corporation.

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I. BACKGROUND

ATTACHMENT A

SCOPE OF WORK
MA-080-20011478
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The Orange County Transportation Authority's (OCTA) Environmental Cleanup Program (ECP) provides a two percent allocation of annual gross Measure M2 (M2) revenues to improve overall water quality in Orange County from transportation-related pollution. The ECP competitive funds can be used to implement water quality improvement projects addressing pollutants originating from or conveyed through transportation systems. These funds will assist Orange County cities and the County of Orange in meeting federal Clean Water Act standards for urban runoff through the purchase and installation of recognized structural best management practices (BMPs). Third parties such as public water and wastewater agencies, environmental advocacy organizations, and homeowners associations may also nominate projects through a municipality that is willing and able to take responsibility for carrying out and maintaining the project.

II. DESCRIPTION OF PROJECT
In concert with the M2 Grant Program, this Scope of Work is designed to assemble a panel of Contractors to achieve economies of scale on a list of fixed unit prices for the purchase and installation of equipment and devices designed to remove litter, debris, and other water quality pollutants, herein referred to as "Stonnwater Treatment Devices." Selected Contractors will be part of a Master Agreement between the County of Orange and OCT A that will allow municipalities to select from a listing of Contractors to provide, supply, fabricate, construct, deliver, and install Stormwater Treatment Devices. Agencies wishing to use the Master Agreement may purchase BMPs with M2 grant monies or any other funding source.

Accordingly, the goal of this RFP is to establish a Master Agreement that achieves strategic savings that would benefit the County and OCT A to act as the purchasing and contract administrators for M2 grant-eligible entities. Proposals that do not provide a discounted price that offer economies of scale that are more than standard bulk pricing/installation listing will not be considered. Proposals will not be accepted solely for equipment purchases or installations. Awarded ECP entities are not obligated to utilize the selected Contractors. Rather, this process is intended to provide a mechanism for reduced rates for equipment and its installation for Orange County municipalities, including those implementing projects with M2 funding. In addition, if a local agency is a party to this Master Agreement, a separate agreement, city council resolution, or other protocol may be necessary with the selected Contractor(s).

The eligible qualifications are discussed below.

Each selected Contractor will be under contract with the County of Orange's OC Public Works Department and OCT A, but will take primary direction from local agency. Contractor's will directly invoice and be paid by the local agency.

III. ELIGIBILITY QUALIFICATIONS
Stormwater Treatment Devices must be capable of handling flows from a design storm of 0.2- inches/hour.

The hydrologic method to be used to calculate the flow associated with LID and water quality design storm flow is:

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Frequired = C X I X A
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Where Frequired = Flow capacity (cubic feet/sec); C = runoff coefficient (ranges from Oto 1); I= 0.2 inches/hour; and A= tributary area (acres).

Treatment devices should also be able to operate in a hydraulic surcharge condition (defined as a condition that exceeds the design discharge) without releasing stored pollutants to the receiving water.

Stormwater Treatment Devices which meet this definition and would be eligible for consideration are:

A. Hydrodynamic Separation and Gross Solids Removal Devices Hydrodynamic separators are flow-through structures with a settling or separation unit to remove sediments and other pollutants and are widely used in stormwater treatment. No outside power source is required, because the energy of the flowing water allows the sediments to efficiently separate. Depending on the type of unit, this separation may be by means of centrifugal force or indirect filtration.

Gross Solids Removal Devices ( either linear radial or inclined screen) are structural best management practices designed to remove trash, vegetative material, and other particles of relatively large, gross size from stonnwater runoff.

B. Catch Basin Inserts
Catch basin inserts are designed to remove oil and grease, trash, debris, and sediment and improve the efficiency of catch basins. Some inserts are designed to drop directly into existing catch basins, while others may require retrofit construction. Several varieties of catch basin inserts exist for filtering runoff.

C. Automatic Retractable Screens
Automatic retractable screens are mounted inside a storm drain inlet and are designed to remain closed to capture debris during the dry season. During storm events, the screens retract, allowing heavy flows to enter the storm drain.

D. Cartridge Filter-type Control Devices
Cartridge filter-type controls typically consist of a series of vertical filters contained in a vault or catch basin that provide treatment through filtration and sedimentation.

E. Biological Treatment Devices
Bioretention devices include raingardens, swales, and filter strips; all use plants and substrate to detain and filter storm water to reduce excessive runoff from roads and paved surfaces, and provide opportunities for enhancing natural landscape and biodiversity elements in the urban environment.

F. In-line Trash and Debris Capture Devices (Trash Booms and Trash Nets) Trash booms and nets are designed to assist in the control, containment and recovery of floating trash, debris, timber, urban waste or aquatic plants. Typically built as floating structures, these devices are designed to control pollution along the surface of the water.

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IV. REQUIREMENTS
• The devices shall be ready for shipment, delivery and/or installation within two months of receipt of orders.
• Warranty on parts and labor shall be for a minimum of 10 years.

V. EQUIPMENT DESIGN AND SPECIFICATIONS REPORT
All proposals shall include information pertaining to the proposed stormwater treatment device, including, but not limited to: product description, design, engineering, siting, operation, and maintenance. The following information should be summarized in an Equipment Design and Specification Report (Report) for each proposed device in the given order as listed below. A submittal that does not address all aspects of the following evaluation criteria and/or cannot be readily located within the Report will be deemed incomplete. Please provide a basis (or all estimated values.

C026659
A. Description/Design/Engineering
Describe how the equipment meets the intent of _the OCT A Tier I Environmental Cleanup Program.

A detailed description of the equipment and design elements, inclusive of sizing and geometry (include diagrams or CAD files).

Materials used to construct the equipment (i.e., stainless steel, grade, plastic, etc.).

Flow or range of flows for which equipment is rated (in cubic feet per second).

Estimated design life of the equipment.

B. Performance Effectiveness
Performance effectiveness in reducing trash, litter, debris and other transportation related pollutants (percent reduction) and associated transportation related water quality impacts (include independent analyses if any).

Trash capture (meeting the definition of "full capture system") and storage capacity of the equipment (if applicable).

Overflow or bypass flow capacity of the equipment when full of trash and overflowing (i.e., storage capacity of the equipment when the one-year, one hour storm is no longer fully filtered) (if applicable).

Maximum overflow or bypass flow capacity of the device (i.e., I 0-year storm event) (if applicable).

Device performance effectiveness in terms of pounds of trash removed per total project cost (see section V., F.)
C. Siting, Operation, and Maintenance
Description of Contractor's installation process including consultation and review of device locations with municipal staff, traffic control during installation, and estimated time required to install each device.

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Description of the site-specific measurements and other information a municipality must provide the Contractor for determining the appropriate size and configuration of the device for that location (i.e. Eligible entities will need to determine how to select the right device for their desired location).

A discussion of any regulatory permits that may be required for installation.

Maintenance requirements ( describe in detail how the device must be maintained and the approximate amount of time required for cleaning or maintenance. In addition, discuss whether the device has design capabilities for easy removal for cleaning or maintenance).

Estimated life cycle costs for maintenance.

Durability against external factors, such as street sweeping, car parking, etc.

Availability ofreplacement parts and life expectancy.

Warranty coverage and duration.

Aesthetics and safety.

Any key factors that makes the device unique among other products.

D. Contractor's Installation Background
Ability of Contractor to have staff and/or subcontractor(s) to manufacture device and provide installation to eligible entities within Orange County.

Experience, background, training, and number of staff and/or subcontractor(s) who will fabricate and/or install device.

E. Operating Locations, References, and Certifications
A minimum of three locations, inclusive of address or nearest intersection, and photos of device in operation within southern California, preferably Orange County.

References from three public agencies. (See Appendix A for Contractor's Reference Forms) Certifications obtained from public agencies and/or Regional Water Quality Control Boards.

VI. PROJECT MANAGEMENT, COORDINATION, AND ADMINISTRATION A kick-off meeting with selected Contractors and the County and OCT A shall be held to discuss the contractual terms of the Master Agreement. This will establish management, coordination, and administration protocols, and address other issues, as necessary, to ensure that the contractual terms are met. The Contractor's Project Manager shall communicate and coordinate in a timely manner all work and progress with the County's Purchasing and Contract Services Manager and OCT A's ECP Manager.

A monthly progress report detailing the stormwater treatment device purchases and installation per local agency shall be prepared by the Contractor's Project Manager and submitted to the County's Purchasing and Contract Services Manager and OCT A's ECP Manager.

C026659 Page24 o/56
1117
33 DocuSign Envelope ID: DCA2CF3D-555D-4553-B506-8785B6DBD25E County of Orange, OC Public Works
G2 Construction, Inc.

MA-080-20011478
Trash and Debris Capture Devices
Progress reports shall include the ongoing status of work, significant accomplishments, problems encountered and anticipated with potential solutions, and work planned for the next month (by task and responsible person). In addition, the Contractor will be responsible for developing a Tier 1 Program spreadsheet to capture information from awarded ECP entities. The database will contain the following:

Name of Entity
Contact Name
Contact Phone Number
Contact E-mail Address
Date of Installation
Device inventory number, name, and type
Size/capacity of device
Location of installations
Best estimate of catchment area
Anticipated number of installations within the next month The monthly progress report shall be received no later than the tenth (10th) calendar day of the month.

C026659 Page25of56
1118
34 DocuSign Envelope ID: DCA2CF3D-555D-4553-B506-8785B6DBD25E County of Orange, OC Public Works MA-080-20011478
G2 Construction, Inc. Trash and Debris Capture Devices

ATTACHMENT B

CONTRACTORS PRICING
A. COMPENSATION
The Respondent agrees to accept the specified compensation as set forth in the final negotiated contract as full payment for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the Respondent of all its duties and obligations hereunder. The Respondent shall only be compensated as set forth herein for work performed in accordance with the Scope of Work.

The County shall have no obligation to pay any sum in excess of the Fixed Prices and Total Contract Amount specified herein unless authorized by amendment in accordance with (see Model Contract) Articles C and P of the County Contract Terms and Conditions, which may require approval by the County Board of Supervisors.

B. PRICING
Contractor guarantees that pricing is based on best information from Attachment A, "Scope of Work". There are four areas for which pricing information needs to satisfy:

1. Estimated average cost of design and engineering for each type of equipment or device.

2. Estimated unit cost of equipment fabrication or cost of pre-fabricated device.

3. Estimated average cost of device installation, including labor and equipment (include separate line item for each type of device).

4. Estimated average annual life cycle cost of operation and maintenance for each type of device.

Design and Unit Cost of Average Cost Annual
De,'ice Operation and Total
Type Engineering Equipment ofDelice :Maintenance Cost
Cost Fabrication Installation Cost
tPS-Mod $60 $419 $270 $25 $774
GITS $94 $723 $121 $25 $963
ARS-CL $57 $510 $142 $25 $733
*"'*Note: All installation is "optional work" and may not be required/utilized from the Contractor, as the County may only purchase the trash devices and have a third-party licensed contractor install them at the cost of the third party. The Public Contract Code force account limits still apply.***
C026659 Page26of56
1119
35 DocuSign Envelope ID: DCA2CF3D-555D-4553-B506-8785B6DBD25E County of Orange, OC Public Works
G2 Construction, Inc.

Product 1 of 3
CPS-Mod™ patented Modular Design
Offered With or Without Installation
p ROOUCT SIZES CPS-Mod"'
Models
MOdl8X35-25
18" Discharge Pipe (with up to MOdlBX42-25
6_0 SQFT of stainless steel Mod1B"4B-3s
screen & deflector, if needed} Modl8x58-15
ModlB"41-2s
24" Discharge Pipe [willl up to Mod24x5l>-2s

9.0 SOFT of stainless steel Mod24X38-3S
screen & deflector, if needed} Mod24"38-1s
Mod24oe&l-2ST
Mod2=2-2s
30" Discharge Pipe {With up to Mod24J!i;Z-3s

11.0 SQFT of stainless steel Mod24X!Sl-4S
Screen & deflector, if needed) t.tod24X59-2ST
Mod3[1)(5()-2s
Larger & Custom MOD-cu.tom

PRICING
MA-080-20011478
Trash and Debris Capture Devices
Warer Board cenmed Full Trash Capture Device
Orange County Volume Discounts
Unit 1-2 3-5 6-20 21-100 101-500 501+
Devices Devices Devices Devices Devices Devices
Device& $980 lnslall 51,376 $1,237 $749 $724 $700
Device $865 $798 $614 $479 $466 $452 Only
Device& S1,697 $1,442 $1, 118 $889 $821 $795 Install
Device
Onlv S1,186 $1,003 $752 $608 $562 $547
Device&
Install 51,939 $1,647 $1,271 $1,002 $954 $906
Device 51,427 $1,208 $906 $732 $695 $659 Only
custom
.. Pnce shown per Devlce. Shipping costs adclillonal. Bond costs addrtmnal.

PRODUCT OPTIONS
Larger Size Stainless Steel Screen
Mosquito Abatement Deflector
Removable System
Hemmed Top for smoother edges
Exira Bracing (eg. inbound pipes)

INSTALLATION OF PRODUCT
PROJECT BONDS (If Required)
Install Travel (In Orange County)
Catch Basin Cleaning
Staff Gauge Painting
Traffic Control during installation
Training Contractor
Install Support

FIELD SERVICES
Product Maintenance Inspections
Locating catch !basins and inlets.

Collecting Lal / Long. of CEls

PROFESSIONAL SERVICES
Custom Product Design
Custom Drawings - Product
Project Management
C026659
Combo-Discount ($50) when new CPS-Mod and ARS-CL installed in same catch basin Product
Code
SCRErnl
MAD-CP5-Mod
REM-CPS-Mod
HEM-CPS-Mod
XBRC-CP5-MDd
llONDS
CIC
CB Clean
STAFfGAUGE
TC-1Diy
TIWN1
SupporUHr
Unit
SCFTSS
Screen
De11eclor
CPS-llod.,.,
CPS-Mod,..

CPS-Mod™
f'rojecl Co51
P.rojedloc.
1 CB
CB
7 Hour.;
1 Dey
1 Hour
Dt!vle~
ce
CB
Hourfy
Davie.

Hourly
-20
1-2 Units 3-5 Units Units
Additional Cost per Unit
$60 $50 $45
$142 $136 5128
$226 $214 S204
$80 $80 $80
$300 $300 S263

4.0% 4.0% 4.0%

FREE FREE FREE
$250 $200 5100
$200 $160 $80
S1,867 $1,867 $1,733
S5,000 $5,000 $5,000
$120 $114 $108
$250 $200 $100
$200 $200 5150
$200 $200 S150
$150 $150 S150
$300 $263 5225
$125 $125 S115
543
$122
$192
S60
$188
4_0%
FREE
550
570
$1,733
$5,000
$103
S50
S75
$75
$150
$225
$100
$41
$116
$184
$60
$156

3.5%
FREE
$45
$62
$1,733
$4,500
$98
$50
$50
$50
$150
$225
$100
501+
Units
$39
$110
$174
$50
$156

3.0%
FREE
$42
$60
$1,690
$4,000
$93
$35
$40
$40
$150
$188
$100
Page27of56
1120
36 DocuSign Envelope ID: DCA2CF3D-555D-4553-B506-8785B6DBD25E County of Orange, OC Public Works
G2 Construction, Inc.

Product 2 of 3

PRICING
MA-080-20011478
Trash and Debris Capture Devices
G ITS™ Grated Inlet Trash Screen Water Board Certified Full Trash Capture Device C026659
With or Without Installation Orange County Volume Discounts p RODUCT SIZES GITS™ Unit 1-2 3-5 6-20 21-100 101-500 501+ Models Devices Devices Devices Devices Devices Devices
Device & $1 ,645 $1,413 $1 ,055 $938 $866 $783 Rectangular Grate GITS- Install 24"x 24" (or less) 24x24 Device $1,438 $1 ,220 S897 $817 $751 Only $680 Device & $1,833 $1,547 $1,165 $1,037 $962 $866
Rectangular Grate GITS- Install
40"x 24" {or less) 40x24 Device
Only $1 ,581 $1 ,312 $972 $890 $822 $740
Device & $1 ,731 $1,428 $1,078 $950 $867 $783 Round 26" Diameter Install Grate ( or less) GITS-26R Device
Only $1 ,524 $1,235 S920 $829 $752 $680
Device& $2,283 $2,007 $1,563 $1,422 $1,304 $1,175 Round 39" Diameter GITS-39R Install Grate (or less) Device $2,013 $1,755 $1 ,357 $1 ,264 $1,154 $1 ,040 Only Larger and Custom GITS- custom CU$lom
custom
cu1'tcm custom cuslom custom
Price shown per Device. Shipping costs additional. Bond costs additional.

PRODUCT OPTIONS
Vector Conlrol Port
Inlet Steps - custom
Oesig"
Custom Drawings -
Product

FILTRATION OPTIONS
Hydrocarbon
Polypropylene Filter
{ 18"J<24 "X3n}
others Available
Product
Code
VECT
STEPS
CRAW
HCPF-Pll

INSTALLATION OF PRODUCT
PROJECT BONDS BONDS {If Required)
Install Travel (In OC} oc
Inlet Cleaning prior to CB Clean installation
Traffic Control during TC-\Day Installation_
Install Support Support1Hr
Unit
SOFTSS
Screen
GITS"'
GITS™
Drawing
Filter
Oaffector
Project C<i.st
Project Loe.
1 CB
6 Hours
1 Hour
1-2 Units 3-5 Units
$189 $162
$353 $302
$300 $263
$38 $36
varies varies

4.0% 4_0%

FREE FREE
$250 $200
$1,867 $1,867
$120 $114
6-20
Units
$135
$252
$225
$31
varies
4_0%
FREE
$100
$1,733
$108
21-100 101-500
Units Units
$128 $122
$239 $227
$225 $225
528 $27
varies varies

4.0% 3.5%

FREE FREE
$50 $45
S1.733 $1,733
$103 $98
501+
Units
$115
$214
$188
$25
varias

3.0%
FREE
$42
$1,690
$93
SEE PRICING for Field Services & Professional SeIVices on CPS-Mod Pricing Sheet Page28 o/56
1121
37 DocuSign Envelope ID: DCA2CF3D-555D-4553-B506-8785B6DBD25E County of Orange, OC Public Works MA-080-20011478
G2 Construction, Inc. Trash and Debris Capture Devices
C026659
Product 3 of 3
ARS-CL™
With Installation

PRICING
Patented Camlock Automatic Retractable Screen
Orange county Volume Discounts
SIZE: Unique ARS-Cl™ 1-2 Catch
21-100 101-500 501+ Catch Basin Screens
Model Unit Basins 3-5 CBs 6-20CBs
CBs CBs CBs Width (ft) per CB (CBs}
upto 3' 1 ARS-CL-03 CB $1,155 $1,010 $866 $598 $574 $550

3.1 - 5' 1 ARS-CL-05 CB $1,324 $1,155 $985 $781 $742 $703

5.1' - 7' 2 ARS-CL-07 CB $2,151 $1,868 $1,585 $1,245 $1,183 $1,121

7.1 -10' 2 ARS-Cl-10 CB $2,304 $1,992 $1,681 $1,432 $1,360 $1,289

7.1-10'x 3 ARS-CL-10x CB $2.904 $2,500 $2.202 $1 ,855 $1.762 $1.670

10.1 -14' 3 ARS-Cl-14 CB $2,972 $2,547 $2,229 $1,953 $1,855 $1,757

10.1 -14' X 4 ARS-CL-14x CB $3,547 $3,025 $2,504 $2,295 $2,180 $2,065

14.1-16' 4 ARS-CL-16 CB $3,624 $3,075 $2,778 $2,525 $2,399 $2,273

16.1-21' 5 ARS-CL-21 CB $4,392 $3,706 $3,322 $3,157 $2,999 $2,841

16.1 • 21" X 6 ARS-CL-21x CB $4,751 $3,984 $3,709 $3,525 $3,348 $3,172

21.1 - 28' 6 ARS-Cl-28 CB $4,839 $4,194 $3,904 $3,710 $3,525 $3,339

21.1-28'x g ARS-Cl-28x CB $5,925 $5,312 $4,945 $4,495 $4,270 $4,046 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.

PRODUCT OPTIONS
Boll-In Connections (Not Welded)
F1Xed Screen Option

INSTALLATION OF PRODUCT
CONTRACT BONDS (If Req'd}
Install Travel (In OC)
Traffic Control during Install.

Catch basin top deck repair.

Unit 1-2 Units 3-5 Units 6-20 Unit.s
Additional Cost per Unit
CB Add15%
CB Subtract 15%
Project 4.0% 4.0% 4.0% Co..t
Project FREE FREE FREE Loe.
6 Houn1 $1,867 $1,867 $1,733
varies
21-100
Units

4.0%
FREE
$1 ,733
SEE PRICING for Field Services & Professional Services on CPS-Mod Pricing Sheet 101-500 501+ Units
Unit.s

3.5% 3.0%

FREE FREE
$1 ,733 $1 ,690
Page29of56
1122
38 DocuSign Envelope ID: DCA2CF3D-555D-4553-B506-8785B6DBD25E County of Orange, OC Public Works
G2 Construction, Inc.

MA-080-20011478
Trash and Debris Capture Devices
C. PRICING INCREASES/DECREASES
No price increases will be permitted during the first year of the Contract. The County requires documented proof of cost increases on Contracts prior to any price adjustment. A minimum of one hundred eighty (180) days advance notice in writing is required to secure such adjustment. No retroactive price adjustments will be considered. The County may enforce, adjust, negotiate, or cancel escalating price Contracts or take any other action it deems appropriate, as it sees fit. The net dollar amount of profit will remain company during the period of the Contract. Adjustments increasing the Contractor's profit will not be allowed.

A. FIRM DISCOUNT AND PRICING STRUCTURE
Contractor guarantees that prices quoted are equal to or less than prices quoted to any other local, State or Federal government entity for services of equal or lesser scope. Contractor agrees that no price increases shall be passed along to the County during the term of this Contract not otherwise specified and provided for within this Contract.

D. CONTRACTOR'S EXPENSE:

The Contractor will be responsible for all administrative costs including but not limited to photo copying, telephone communications and fax communications while on County sites during the performance of work and services under this Contract.

B. PAYMENT TERMS - PAYMENT IN ARREARS
Invoices are to be submitted in arrears to the user agency/department to the ship-to address, unless otherwise directed in this Contract. Contractor shall reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice in a format acceptable to the County of Orange and verified and approved by the agency/department and subject to routine processing requirements. The responsibility for providing an acceptable invoice rests with the Contractor.

Billing shall cover services and/or goods not previously invoiced. The Contractor shall reimburse the County of Orange for any monies paid to the Contractor for goods or services not provided or when goods or services do not meet the Contract requirements.

Payments made by the County shall not preclude the right of the County from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services.

C. TAXPAYER ID NUMBER
The Contractor shall include its taxpayer ID number on all invoices submitted to the County for payment to ensure compliance with IRS requirements and to expedite payment processing.

G. INVOICING INSTRUCTIONS:

The Contractor shall submit invoices to County on Contractor's letterhead. Each invoice shall have a unique number and shall include the following information:

1. 2.

3. 4.

C026659
Contractor's name and address
Contractor's remittance address, if different from (1), above Name of County agency/department/contact person
Delivery/service address
Page30 o/56
1123
39 DocuSign Envelope ID: DCA2CF3D-555D-4553-B506-878586D8D25E County of Orange, OC Public Works MA-080-20011478
G2 Construction, Inc. Trash and Debris Capture Devices
C026659

5. Contract number

6. Service Date

7. Description of Services

8. Detailed description of commodity transition with unit price, discounted price and totals.

9. Detailed description of total labor hours and charges by employee/location/date/time

10. Total

11. Taxpayer ID number
Invoices and support documentation are to be forwarded to:

OC Public W arks/Procurement Services
Attn: Accounts/Payables
PO Box4048
Santa Ana, CA 92702-4048
Email: accountspayablescaocpw.ocuov.com
Contractor has the option of receiving payment directly to their bank account via an Electronic Fund Transfer (EFT) process in lieu of a check payment. Payment made via EFT will also receive Electronic Remittance Advice with the payment details via email. An email address will need to be provided to the County via an EFT Authorization Form. To request a form, please contact the DPA.

Page31 o/56
1124
40 DocuSign Envelope ID: D5C598B6-4AF4-4B3C-8743-1D974A17C101 County of Orange, OC Public Works
G2 Construction, Inc.

AMENDMENT No.I
FOR

TRASH AND DEBRIS CAPTURE DEVICES
MA-080-20011478
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 Water Board Certified Full Trash Capture System p
C026659
Offered With or Without Installation
Orange County Volume Discounts
RODUCT SIZES Unit
1-2 3-5 6-20 21 -100 101 -500 501+
Devices Devices Devices Devices Devices Devices
Device &
Up $2,359 $2,120 $1 ,680 $1,284 $1 ,241 $1 ,199 to 6.0 SQFT of stainless steel lnslaU screen & deflector, if needed. 18"
CB discharge pipe max. Device Only $1,623 $1 ,499 $1 ,154 $899 $874 $849 Device &
Up to 9 $2,910 $2,472 $1 ,916 $1,524 $1 ,408 $1 ,362 .0 SQFT of stainless steel Install screen & deflector, if needed. 24"
CB discharge pipe max. Device Only $2,226 $1 ,884 $1 ,413 $1 ,142 $1 ,056 $1 ,028 Up to 11.0 SQFT of stainless Device & $3,324 $2,822 $2,180 $1,718 $1 ,636 $1 ,554 lnslaU 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 SQFT Device & $1 ,887 $1 ,696 $1 ,344 $1,027 $993 $960 screen. ·customer to verify FCS . Install Larger & Custom devices are custom priced.

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

Combo-Discount ($50) when new CPS-Modn1 and ARS-CL ™ installed in same catch basin on same project Pagel o/6 Rev. 10/03/2019 1125
41 DocuSign Envelope ID: D5C598B6-4AF4-4B3C-87 43-1097 4A 17C101 County of Orange, OC Public Works
G2 Construction, Inc.

PRODUCT OPTIONS
Larger Size Stainless Steel Screen
Mosquito Abatement Deflec:tbr
Removable System
Hemmed Top for smoother edges
Extra Bracing (eg . inbound pipes)

INSTALLATION OF PRODUCT
PROJECT BONDS (If Required)
Install Travel (In Orange County)
Catch Basin (CB) Cleaning
Staff Gauge Painting
Traffic Control during installation
Training Contractor
Remote Support (phone or onllne )

FIELD SERVICES
Product Maintenance Inspections
Locating CBs and inlets.

CB Field Review/ measurement.

Collecting Lat. I Long. of CBs

PROFESSIONAL SERVICES
Custom Product Design
Custom Drawings - Product
Project Management
C026659
1-2 Units 3-5 Units
Addiuonal Cost per Unit
;:,1..1r-1 ss $135 $113 Screen
Deflector $320 $306
CPS-Mod"' $387 $367
CPS-Mod"' $137 $137
CPS-Mod"' $514 $514
Project Cost 4.0% 4.0%
Project Loe. FREE FREE
1 CB $280 $224
CB $230 $184
6 Hours $2,613 $2,613
1 Day $5,600 $5,600
1 Hour $138 $131
Device $280 $224
CB $224 $224
CB $224 $224
CB $224 $224
Hourly $250 $168
Device $336 $294
Hourly $150 $150

6-20
Units
$113
$288
$350
$137
$450

4.0%
FREE
$112
$92
$2,427
$5,600
$125
$168
$168
$168
$168
$168
$252
$138
21-100 101-500
Units Units
$113 $113
$275 $261
$329 $315
$103 $103
$321 $268

4.0% 3.5%

FREE FREE
$56 $50
$81 $71
$2,427 $2,427
$5,600 $5,040
$118 $112
$84 $56
$84 $56
$84 $56
$84 $56
$168 $168
$252 $252
$120 $120
MA-080-20011478
501+
Units
$113
$248
$298
$86
$268

3.0%
FREE
$47
$69
$2,427
$4,480
$107
$56
$56
$56
$56
$168
$210
$120
Rev. 10/03/2019 1126
42 DocuSign Envelope ID: D5C598B6-4AF4-4B3C-87 43-1097 4A 17C101 County of Orange, OC Public Works
G2 Construction, Inc.

MA-080-20011478

PRICING
Product 2 of 3
GITS TM Grated Inlet Trash Screen Water Board Certified Full Trash Capture System With or Without Installation Orange County Volume Discounts PR ODUCT SIZES GITS™ Unit 1-2 3-5 6-20 21-100 101--5-00 501+ Models Devices Devices Devices Devices Devices Devices
Device & $2,909 $2,499 $2,299 $2,149 $1,999 $1 ,899 Rectangular Grate GITS- Install 24"x 24" (or less) 24x24 Device $2,699 $2,290 $2,090 $1 ,940 $1 ,790 $1,690 Only Device & $3,243 $2,736 $2,536 $2,386 $2,236 $2,136 Rectangular Grate GITS- Install 40"x 24" (or less) 40x24 Device $2,969 $2,463 $2,263 $2,113 $1 ,963 $1 ,863 Only Device & $3,061 $2,526 $2,326 $2,176 $2,026 $1 ,926 Round 26" Diameter GITS- Install Grate (or less) 26R Device $2,861 $1,819 $1,719 Only $2,319 $2,119 $1 ,969 Device & $4,037 $3,549 $3,449 $3,349 $3,249 $3,149 Round 39" Diameter GITS- Install Grate (or less) 39R Device $3,779 $3,295 $3,195 $3,095 $2,995 $2,895 Only Larger and Custom GITS-Custom custom custom custom custom custom custom GITS LoPRO* - s· Depth Design. Up to 30% discount on select models. 'Customer to verify FCS.

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

PRODUCT OPTIONS
Vector Control Port
Inlet Steps - Custom
Design
Custom Drawings -
Product

FILTRATION OPTIONS
Hydrocarbon
Polypropylene Filter
(18"x24"x3")
Others Available
Product
Code
VECT
STEPS
DRAW

HCPF-PIL

INSTALLATION OF PRODUCT

PROJECT BONDS BONDS
Install Travel (In OC) QC
Inlet Cleaning prior to CB Clean installation
Traffic Control during TC-1Day installation.

Remote Support Support1
(phone or online ) Hr
Unit

SQFT SS
Screen
GITSTM
GITSTM
Drawing
Filter
Deflector
Project
Cost
Project
Loe.
1 CB
6 Hours
1 Hour
1-2 3-5 6-20 21-100 101-500 501 +
Devices Devices Devices Devices Devices Devices
Additional Cost oer Unit
$334 $287 $239 $239 $239 $239
$624 $535 $446 $423 $401 $379
$335 $293 $251 $251 $251 $209
$71 $68 $58 $53 $50 $47
varies varies varies varies varies varies

4.0% 4.0% 4.0% 4.0% 3.5% 3.0%

FREE FREE FREE FREE FREE FREE
$279 $223 $112 $56 $50 $47
$2,613 $2,613 $2,427 $2,427 $2,427 $2,427
$138 $131 $125 $118 $112 $107
SEE PRICING for Field Services & Professional Services on CPS-Mod™ Pricing Sheet C026659 Page 3 o/6 Rev. 10/03/2019
1127
43 DocuSign Envelope ID: D5C598B6-4AF4-4B3C-87 43-1097 4A 17C101 County of Orange, OC Public Works
G2 Construction, Inc.

Product 3 of 3

PRICING
ARS-CLTM Patented CamLock Automatic Retractable Screen
With Installation
MA-080-20011478
Orange County Volume Discounts
SIZE: Unique ARS-CLTM 1-2 Catch 21-100 101-500 Catch Basin Screens Unit Basins 3-5 CBs 6-20 CBs 501+ CBs Width (ft) per CB Model (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 $2,6.23 $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.

PRODUCT OPTIONS
Bolt-In Connections (Not Welded)
Fixed Screen Option

INSTALLATION OF PRODUCT
CONTRACT BONDS (If Req'd)
Install Travel (In QC)
Traffic Control during install.

Catch basin top deck repair.

Unit 1-2 Units 3-5 Units 6-20 Units
AdcfJfional Cost per Unit
CB Add 15%
CB Subtract 15%
Project 4.0% 4.0% 4.0% Cost
Project FREE FREE FREE Loe.
6 Hours $2,613 $2,613 $2,427
varies
21-100
Units

4.0%
FREE
$2,427
SEE PRICING for Field Services & Professional Services on CPS-Mod™ Pricing Sheet C026659 Page4 o/6
101-SOO 501+ Units Units

3.5% 3.0%

FREE FREE
$2,427 $2,427
Rev. 10/03/2019 1128
44 DocuSign Envelope ID: D5C59886-4AF4-483C-8743-1D974A17C101 County of Orange, DC Public Works
G2 Construction, Inc.

MA-080-20011478

2. All other terms and conditions in this Contract shall remain unchanged and with full force and effect.

C026659 Page 5 o/6 Rev. 10/03/2019 1129
45 DocuSign Envelope ID: D5C598B6-4AF4-4B3C-87 43-1097 4A 17C101 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: JtJ~ ~- a1».&{}.,~
Print John R. Alvarado Name:

Title:

President
Corporate Officer
Date: 10/6/2021
COUNTY OF ORANGE, a political subdivision of
the State of California
By:

Print
Name:

Title:

Date:

Nicholas Murray
Deputy Purchasing Agent
10/7/2021
By: lwli(}., c.. aW-oJ"(}.,k
Print
Name: Lydia G. Alvarado
Title: Treasurer
Corporate Officer
Date: 10/6/2021
* 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 o/6 Rev. 10/03/2019 1130
55452.01510\32977834.2
Attachment 5

CITY OF SAN CLEMENTE

CONSTRUCTION CONTRACT

EL CAMINO REAL CORRIDOR

RUNOFF TREATMENT PROJECT

1. PARTIES AND DATE. This Contract is made and entered into this 20 day of May, 2025 by and between the City of San Clemente, a public agency of the State of California (“City”) and G2 Construction, Inc., a California 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 and 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 El Camino Real 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:

Services/Schedule (Exhibit “A”)
Plans and Specifications (Exhibit “B”)
Special Conditions (Exhibit “C”)
Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) Public Works Contractor Registration Certification (Exhibit “E”) Payment and Performance Bonds (Exhibit “F”)
Federal Requirements (Exhibit “G”)
46 •
•
•
•
•
•
•
1131
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2 Insurance Requirements (Exhibit “H)
Addenda
Change Orders executed by the City
2024 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-8
Notice Inviting Bids, if any
Instructions to Bidders, if any
Contractor’s Quote No. 240417-SC dated April 17, 2024
OCPW / OCTA MA-080-20011478 for Trash and Debris Capture Devices

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 47 •
•
•
•
•
•
•
•
1132
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3 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.

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 113348
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4 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 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, including all labor, materials and equipment reasonably related thereto, the City agrees to pay Contractor according to the pricing set forth in the master purchase agreement with OCPW / OCTA MA-080-20011478 for Trash and Debris Capture Devices, which is fully incorporated herein by this reference, and the total compensation shall not to exceed 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 113449
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5 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.

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 113550
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6 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.

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 113651
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7 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 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.
113752
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8 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 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. 113853
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9 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 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 113954
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10 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 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. 114055
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11 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.

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:
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12 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.

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. 114257
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13 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.

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 114358
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14 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 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 114459
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15 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 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 114560
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16 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 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 114661
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17 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.

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
approval by the City, Contractor’s Representative shall have full authority to represent and act on 62 ('"Contractor's Representative"). Following
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18 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 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
114863
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19 Attn: John R. Alvarado, President, and
Eric Taylor, Project Manager
CITY:

City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attn: Niki Beach, Environmental Programs Analyst, and
Laura Campagnolo, City Clerk
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 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 114964
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20 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. 115065
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21 [SIGNATURES ON NEXT PAGE]
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22 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: _______________
_____________________________ 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., a California
corporation (“Contractor”)
By:_____________________________
John Ralph Alvarado, Chief Executive
Officer/Chief Financial Officer
Dated: __________________
By:_____________________________
Lydia Gonzales Alvarado, Secretary
Dated: __________________
67 05/14/2025
05/14/2025
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EXHIBIT “A”

SERVICES / SCHEDULE
Contractor shall provide all labor, materials and equipment to perform the following work (collectively, the “Work”) to the City’s satisfaction:

1. Contractor shall custom fabricate and install their patented devices in 74 City catch basins (“CBs”) at the locations specified in Contractor’s Quote No. 240417-SC dated April 17, 2024 and fully incorporated herein by this reference.

2. The installed Full Capture System device counts are 47 CPS-Mod™ connector pipe screens and 16 GITS™ grated inlet trash screens.

3. Contractor will also fabricate and install 208 ARS-CL™ curb-opening screens in 58 of these City catch basins as directed by the City.

4. Twelve CBs will receive ARS-CL devices as their only device since a full capture device is not possible in those locations.

5. Contractor shall meet or exceed the standards and pricing in Contractor's master purchase agreement with OCPW / OCTA MA-080-20011478 for Trash and Debris Capture Devices, hereby incorporated fully herein by this reference.

6. Contractor will install 63 Full Capture Systems and 208 unique ARS-CL™ screens.

7. Contractor shall repair or replace any installed product that contains a defect in its workmanship or material within one year of the project acceptance date. If an installed product proves defective within ten years of the acceptance date, Contractor shall provide replacement parts at no cost to the City.

8. Contractor shall complete the Work within the following schedule, with any changes approved by the City:
68 Action Time (from signed
contract & NTP)

1. Evaluate all catch basins and take detailed 3 weeks
measurements.

2. Fabricate custom CPS-Mod™' GITSTIA & ARS-CL n• 5 weeks

3. Install custom fitted G2 Devices 6 weeks

4. Inspection and sign-off 0.5 weeks
TOTAL PROJECT (start to finish) 14.5 WEEKS
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EXHIBIT “B”

PLANS AND SPECIFICATIONS
Contractor shall perform the Work according to the approved plans and specifications on file with the City Engineer dated April 17, 2024 and incorporated fully herein by this reference.
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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.
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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.
71 ro
ICWGroup Insurance Companies
WPL-508244 7-00
1156
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Dated: ________________________
G2 Construction Inc.

Consultant
By: ________________________________
John Alvarado
________________________________ Title
________________________________ Address ________________________________ 72 05/14/2025
President
1352 E. Borchard Ave.

Santa Ana, CA 92705
1157
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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:

Contractor shall maintain a current DIR registration for the duration of the project.

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.

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.”
73 •
•
•
G2 Construction, Inc.
1000390241
06/30/2026
□ 0
G2 Construction, Inc.

John R. Alvarado, President
05/14/2025
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EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS

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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

116176
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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
78 I I
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□
□
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55452.01510\32977834.2
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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 116479
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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
81 I I
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□
□
□
□
□
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EXHIBIT “G”

FEDERAL REQUIREMENTS
(NOT APPLICABLE)
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EXHIBIT “H”

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 116883
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policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(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 116984
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person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

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. 117085
86 Construction Contract - Phase 4 Trash Capture
Devices - G2 - FINAL
Final Audit Report
Created:

By:

Status:

Transaction ID:
2025-05-14
Megan Jimenez ([email protected])
Signed
CBJCHBCAABM3qECg2DVyJ24ZQm9ar1 vnlPU63SJ1 YgL
2025-05-14
"Construction Contract - Phase 4 Trash Capture Devices - G2 - FINAL" History
~ Document created by Megan Jimenez ([email protected]) 2025-05-14 - 8:46:38 PM GMT
121. Document emailed to John Alvarado [email protected]) for signature 2025-05-14 - 8:46:44 PM GMT
121. Document emailed to Lydia Alvarado ([email protected]) for signature 2025-05-14 - 8:46:44 PM GMT
~ Email viewed by John Alvarado [email protected]) 2025-05-14- 8:48:42 PM GMT
~ Document e-signed by John Alvarado [email protected]) Signature Date: 2025-05-14 - 9:08:30 PM GMT -Time Source: server ~ Email viewed by Lydia Alvarado ([email protected]) 2025-05-14 - 9:11 :28 PM GMT
~ Document e-signed by Lydia Alvarado ([email protected]) Signature Date: 2025-05-14 - 9:11 :53 PM GMT - Time Source: server 0 Agreement completed.
2025-05-14 - 9:11 :53 PM GMT
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G2 Construction – OCPW Master Agreement
2791
Oo<:uSign Envelope 10. DCA2CFJD--5550-4553-850&.e7858e08D25E County of Orangt, OC Public Works
G2 Construction, Inc.

CONTRACT MA-080-20011478
WITH
G2 CONSTRUCTION, INC.

FOR
M A-080-20011478
Trash and Debris Capture Device$

TRASH AND DEBRIS CAPTURE DEVICES
TIIIS CONTRACT MA-080-200I1478 for Trash and Debris Capture Devices ("Conlract'') is made and entered imo as of the date fully executed by and between the County of Orange, a political subdivision or the State of California; (" County") and 02 Construclion, Inc., with a place of business at 1352 E.

Boarchard Ave., Santa Ana, CA 92705 ("Contractor"), with a County and Contractor sometimes individually referred to as "Party" or collectively as "Parties''.

ATTACHMENTS
THIS CONTRACT is comprised of this docwuent and the following A ttachments, which are anached hereto and incorporated by reference into this Contract:

A ttachment A - Scope of Work
Attachment B - Contractor Pricing

RECITALS
WHEREAS, Contractor and County are entering into this Contract for Trash and Debris Capture Devices ; and,
WHEREAS, County solicited Contract for Trash and Debris Capture Devices as set forth herein, and Contractor represented that it is qualified to provide Trash and Debris Capture Devices to the County as further set forth here; and,
WHEREAS, Contractor agrees to provide Trash and Debris Capture Devices 10 the County as further set forth in the Scope of Work, attached hereto as Attachment A; and, WHEREAS, County agrees to pay Contractor based on the schedule of hourly rates set forth in Payment/Compensation, attached hereto as Attachment B; and, WHEREAS, the County Board of Supervisors has authorized the Procurement Officer or designee to enter into a Contract for Trash and Debris Capture Services with the Contractor; and, NOW, THEREFORE, the Parties mutually agree as follows:

DF.FINJTIONS
DP A shall mean the Deputy Purchasing Agent assigned to this Contract.

ARTICLES
General Terms and Conditions:

A. Governing Law and Venue: Thi s Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of Cal ifornia. In the C016659 Page 1 o/56
4 Pg1or34
Co1111ry of Orange, OC Public Works
G2 Constrnction, Inc.

MA-OS0-20011478
Tr ash and Debris Capture Devices

PRICING
Product2 of 3
GITSTM Grated Inlet Trash Screen Water Board Certified Full Trash Capture System With or Without lnstaltation Orange Counry Volume Discounrs PRODUCT SIZES GITS™
Models Unit 1-2
Devices
3-5
Devices
6-20
Devices
21-100
Devices
101-500
Devices
501+
Devices
PR
Rectangular Grate
24"x 24" (or less)
Rectangular Grate
40"x 24" (or less)
Round 26" Diameter
Grate (or less)
Round 39" Diameter
Grate (or less)
Device&
GITS- Install $2,909 $2,499 $2,299 $2,149 $1,999 $1 ,899 ~,~ t-~-O~-i -, -+-$-2,-699---,~S-2-,29- 0-+$- 2-,090 -+-$1-,94- 0 +-$-1,-790--<-S-1,-69-0-, Device&
GITS- tnstall $3,243 $2,736 $2,536 $2,386 $2,236 $2,136 40'~ >-~-o~-i -, -+-$-2,-96-9-+-S-2-,46- 3-+$- 2-.~- 3-+-,2-,1-1-3 +-$-1,-00-3-+-S-1,-86-3_, Device&
GITS- tnstall $3,061 $2,526 $2,326 $2,176 $2,026 $1 ,926 26R I-~-.-.,-, -+-$-2,-86-1-+---+-$- 2-,1-19-+--+-$-1,-81-9-+---t Only $2,319 S1,969 S1 ,719 Device& $4,037 $3,549 $3,449 $3,349 $3,249 53,1 49 GITS- Install 39R >-~- .-.,-, -+-$-3,-77-9-+-S-3-,29- 5-+$- 3-, 1-95-+-S3-,09- 5 +-$-2,-99-5 -+-S-2,_69_5_, Only
Larger and Custom GITS-Custom
GITS LoPRO* - s• Depth Desig, .
·customer to verify FCS Up to 30% diseount on select models.

Pnce sho,yn per Device. Shipping costs and taxes oo non-installed devices are addItiooal. Bood costs addItIonal.

OOUCT OPTIONS Prcx:luct Unit 1-2 3-5 6-20 21-100 101-500 501+ Code Devices Devices Devices Devices Devices Devices
AdditionalC0$1 ,.,., Unit
!vector Control Port VECT SOFT SS $334 $287 $239 $239 $239 $239 Screen l
lnlet Steps - Custom
Oesinn STEPS GITS™ $624 $535 $446 $423 $401 $379
!
Custom Drawings - DRAW GITS™ $335 $293 $251 $251 $2$1 $209 Product Drawino

FILTRATION OPTIONS
Hyii'"ocarboo
Polypropylene Filter HCPF-Pll Filter $71 $68 $58 $53 $50 $47 (18"x24"x3")
Others Available Deflector varies varies varies

INSTALLATION OF PRODUCT
!PROJECT BONDS BONDS Project 4.0% 4.0% 4.0% 4.0% 3.5% 3.0% Cost IInstall Travel (In QC) oc Project FREE FREE FREE FREE FREE FREE Loe. l
lnlet Cleaning prior
to installation CB Clean 1 CB $279 $223 $11 2 $56 $50 $47 I!::~ ~::~~!ion. TC-1Day 6Hours $2,613 $2,613 $2,427 $2,427 $2,427 $2,427 l~~=eo7~~::)
Support1 1 Hour $138 $131 $125 $1 18 $11 2 $107 He
SEE PRICING for Field Services & Professional Services on CPS-Mod™ Pricing Sheet C026659
County ,?[Om~, OC Public ITQ/bG2Co~truction, foc
}.1A-08Q-](X)JJ478
Trosh and Debris Captu1'1! Devices
Note: These pages extracted from the MA agreement to highlight prices applied.

PRICING
CPS-Mod TM patented Modular Design Water Board Certiffed Full Trash Capture System Offered With or Without Installation

PRODUCT SIZES
Up to 8.0 SQFT of stainless steel
Unit 1-2
Devices
$2,359
Orange County Volume Discounts
3-5
Devices
$2,120
8-20
Devices
$1.680
21-100
Devices
$1,284
101 -500
Devices
$1,241
501+
Devices
$1.199
screen & denector. if needed. 18" >---+-----,f---+-----,f---+---f---, CB discharge pipe max. Dt-.ictOnly $1 ,623 $1,499 $1,154 $899 $874 $849 Up to 9.0 SQFT of stainless steel °:'si:/ $2,910 $2.472 $1.916 $1,524 $1,408 $1.362 screen & deflector. if needed. 24"
CBdischargepipemax. Oe-.iceOnly $2.226 $1 .884 $1,413 $1,142 $1 .056 $1 .028 Upto 11 .0SQFT ofstainless $3,324 $2.822 $2.180 $1,718 $1,636 $1,554 steel screen & deflecta, if needed
30"CBdischargepipemax Dt -.ictOnly $2,680 $2,268 $1,701 $1,375 $1,306 $1,237 CPS-Mod Mini' - Up to 4.5 SQFT Davie• & $1_887 $1.696 S1.344 $1J12.7 $993 S960 screen. 'Customer to verify FCS . rn,toll Larger & OJstcm devices are custom pnced
Price shown per Device. Shipping costs and taxes on non-installed devices are additional. Bond costs additional Ccmbo-Discount (S50)when new CPS-Mod"' and ARS-CL"" installed in same catch basin on same project 1-2 Units 3-5 Units ~:s
PRODUCT OPTIONS Addl ionMCo~t,,.,u,,,
21-100
Units
101 -500
Units
501•
Units
larger Size stainless steel Screen l'"''"'r ss $135 $113 $113 $113 $113 $113 Mosquito Abatement Deflect cw- $320 $306 $288 $275 $261 S2'8 Removable System $387 $367 $350 $329 $315 $298
Hemmed Top for smoother edges $137 S137 $137 $103 $103 S86 Extra Bracing (eg. inbound pipes) $514 $514 $450 $321 $268 $268

INSTALLATION OF PRODUCT
PROJECT BONDS (If Required) Project c01t 4.0% 4.0% 4.0% 4.0"/4 3.5% 3.0% Install Trav~ (In Orange Cocmty) Project Loe FREE FREE FREE FREE FREE FREE Catch Basin (CB) Cleaning $280 $224 $112 $56 $50 $47
staff Gauge Painting $230 $184 $92 $81 $71 $69
Traffic Control during installation 6 Houn $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 RemoteSupport(phoneoroliine) $138 $131 $125 $118 $112 $107

FIELD SERVICES
Proo.Jct Maintenance Inspections $280 $224 $168 $84 $56 $56 Locating CBs and Inlets. $224 $224 $168 $84 S56 $56
CB Field Review! measurement. $224 $224 $168 $84 S56 $56 Collecting Lat. /Long. ofCSs $224 S224 $168 S84 S56 S56

PROFESSIONAL SERVICES
Custom Product Design
Custom Drawings - Product
Project Management
Coontyo/Orange, OCPublic Wo,-b
G2 Constmcrion, Inc.
$250 $168 $168 $168 $168 $168
$336 $294 $252 $252 $252 $210
$150 $150 $138 $120 $120 $120

PRICING
MA-080-20011478
Trash and Debris Capnire Devices
ARS-CL™ Patented Cam lock Automatic Retractable Screen
With Installation
Orange County Volume Discounts
up to3' 1 ARS-CL-03 CB S2, 121 S1 ,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 S6,655 S5,647 $5,102 S4,638 $4,407 $4,175

16.1- 21' 5 ARS-CL-21 CB S8,067 $6,806 $6,101 $5,798 $5,508 $5,218

16.1 -21' X 6 ARS-CL..21K CB $8,725 $7,318 $6,811 $6,473 $6,150 $5,826 6 ARS-CL-28 CB $8,888 $7,703 $7,170 $6,814 $6,473 $6,133

21.1 - 28' x e ARS-CL-28x CB $10,883 S9,757 $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 0
'x" indicates the CB has an extra support bolt

PRODUCT OPTIONS
Bolt-In Conneclicm (Nct Welded)
Fixed Screen Option

INSTALLATION OF PRODUCT
CONTRACT BONDS (If Req'd)
lnstallTravel (lnOC)
Traffic Control during install.

Catchbasintopdeckrepair.

Unit 1-2Units 3-5Units 6-20Units
Addliona/CostperUnil
CB Add 15%
CB Subtract 15%
Projeci
,,. 40% I 4.0% I 4.0% I P~'!ect FREE I FREE I FREE I
21-100
Units
40% I
101-500
Units

3.5% I FREE I FREE I
501+
Units

3.0%
FREE
6Hours s2.613 1 s2.s13 1 s2.421 1 s2.421 1 s2,421 1 $2,427 varies
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Certified Trash Full Capture Systems Available to the Public (Updated November 30, 2023)

CERTIFIED FULL CAPTURE SYSTEM LIST OF

TRASH TREATMENT CONTROL DEVICES
Owner I Website
G2 Construction, Inc.

Internet site
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G2 Construction, Inc.

Internet site
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Full Capture System
Trash Device Brand Name
G2 CPS-Mod™ and
Removable CPS
Mod™ Screen
G2GITS™
Grated Inlet Trash Screen
Date Date
Application Certified Vector
Control or Accessibility Fact Sheet Updated Verified
G2-1 G2-1R
06/26/19 03/15/19
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06/26/19 04/10/19
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Attachment 7
117
RESOLUTION NO. 24-71

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING AN

APPLICATION FOR FUNDS FOR THE ENVIRONMENTAL
CLEANUP, TIER 1 GRANT PROGRAM UNDER ORANGE
COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3

FOR THE EL CAMINO REAL CORRIDOR RUNOFF

TREATMENT PROJECT
WHEREAS, Orange County Local Transportation Ordinance No.3, dated July 24, 2006, is known and cited as the Renewed Measure M Transportation Ordinance and Investment Plan and makes funds available through the Environmental Cleanup Program to help protect Orange County beaches and waterways from transportation-generated pollution (urban runoff) and improve overall water quality; and WHEREAS, the Environmental Cleanup, Tier 1 Grant Program consists of funding purchases and installation to catch basins with Best Management Practices, such as screens, filters, inserts, and other "street-scale" low flow diversion projects; and WHEREAS, OCTA has established the procedures and criteria for reviewing proposals; and
WHEREAS, the City of San Clemente possesses authority to nominate water quality improvement projects that have a transportation pollution nexus to finance and construct the proposed project; and
WHEREAS, by formal action the City Council authorizes the nomination of the El Camino Real Corridor Runoff Treatment Project, including all understanding and assurances contained therein, and authorizes the person identified as the official representative of the City of San Clemente to act in connection with the nomination and to provide such additional information as may be required ; and WHEREAS, the City of San Clemente will maintain and operate the equipment acquired and installed; and
WHEREAS, the City of San Clemente will give OCTA's representatives access to and the right to examine all records, books, papers or documents related to the funded Tier 1 Grant Project; and
WHEREAS, the City of San Clemente will cause work on the project to be commenced within a reasonable time after receipt of notification from OCTA and that the project will be carried to completion with reasonable diligence; and WHEREAS, the City of San Clemente will comply where applicable with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the American with Disabilities Act, and any other federal, state, and/or local laws, rules and/or 1202
118
Resolution No. 24-71 Page 2
regulations; and
WHEREAS, the City of San Clemente must include all projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Renewed Measure M Ordinance eligibility requirement; and
WHEREAS, the City of San Clemente has budgeted funding for this project within the seven-year Capital Improvement Program subject to funding upon approval from the Orange County Transportation Authority Board of Directors; and WHEREAS, the City of San Clemente will provide a minimum of 20% in matching funds for the El Camino Real Corridor Runoff Treatment Project as required by the Orange County Comprehensive Transportation Funding Program Guidelines.

NOW, THEREFORE, the City Council of the City Of San Clemente hereby finds, determines and resolves as follows :

SECTION 1. The recitals above are true and correct and incorporated fully herein as findings .

SECTION 2. The application submitted on April 23, 2024 to the Orange County Transportation Authority (OCTA) Project X Environmental Cleanup Program, Tier 1 Grant Program, for the El Camino Real Corridor Runoff Treatment Project is hereby approved.

SECTION 3. The City Manager, or his designee, as the official representative of the City of San Clemente, is hereby authorized and directed to accept funds for the Environmental Cleanup, Tier 1 Grant Program for the El Camino Real Corridor Runoff Treatment Project from OCT A.

SECTION 4. The City Manager, or his designee, is hereby authorized and directed to agree to fund the City's share of the project costs and any additional costs over the identified programmed amount for the El Camino Real Corridor Runoff Treatment Project.

SECTION 5. Staff is hereby authorized and directed to take such other and further actions and execute and submit such documents as may be necessary and proper to accomplish the purposes of this resolution .

SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 1203
119
Resolution No. 24-71
PASSED AND ADOPTED this 7th day of May, 2024.

San Clemente, California

STATE OF CALIFORNIA

COUNTY OF ORANGE

CITY OF SAN CLEMENTE
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Mayor of ffi'e City of San
Clemente, California