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23-1107_G2 CONTRUCTION, INC._Agenda Report_E8City of San Juan Capistrano Agenda Report TO: Honorable Mayor and Members of the City Council FROM: Benjamin Siegel, City Manager SUBMITTED BY: Thomas Toman, Public Works Director PREPARED BY: Noreen Swiontek, Environmental Programs Analyst DATE: November 7, 2023 SUBJECT: Waiver of the Formal Bidding Process and Approval of a Purchase Agreement with G2 Construction, Inc. for Purchase, and Installation of Storm Drain Trash Capture Devices (CIP 24501); and, Finding Said Actions Categorically Exempt from the California Environmental Quality Act (CEQA) Section 15302 (c). RECOMMENDATION: 1.Approve and authorize the City Manager to execute a Purchase Agreement with G2 Construction, Inc. for purchase and installation of 100 customized storm drain trash and debris capture devices in an amount not to exceed $147,200; 2.Waive the formal bidding process pursuant to Municipal Code Section 3-4.310 (c); and, 3.Find that the proposed action is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, Section 15302 (c). EXECUTIVE SUMMARY: On June 7, 2022, the City Council approved Resolution 22-06-07-03, authorizing the submittal of an application for the Orange County Transportation Authority (OCTA) 2022- 2023 Measure M2 Environmental Cleanup Program Tier 1 Grant Program, also referred to as Project X. On June 15, 2022, staff submitted the grant application to cover the costs associated with new stormwater runoff treatment devices within City catch basins and was subsequently awarded $147,200 of Tier 1 Environmental Cleanup Program funds. OCTA awarded thirteen projects with a total allocation of $3,120,217 for water quality improvement projects to address transportation-generated pollution. The Environmental 11/7/2023 E8 City Council Agenda Report November 07, 2023 Page 2 of 4 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 low flow diversion projects. For reference, the November 2022 OCTA Staff Report regarding the Project X Tier 1 Recommendations is provided as Attachment 1. Project X funding requires a contractor agreement be awarded prior to December 31, 2023. Orange County Public Works (County) conducted a Request for Proposals (RFP) that generated two contractors qualified to design and install trash and debris capture devices for all jurisdictions participating in the OCTA Measure M2 program. After review of both contractors’ proposals, staff recommends City Council approve the proposed Purchase Agreement with G2 Construction, Inc. in an amount not to exceed $147,200 (Attachment 2). DISCUSSION/ANALYSIS: Project X provides Measure M2 revenues to improve overall water quality in Orange County from transportation-generated pollution. The Project X grant will cover the cost for the design, construction inspection, project management and construction of 100 stormwater runoff treatment devices (i.e., connector pipe screens) in high-density residential and commercial areas throughout the city, within catch basins. Connector pipe screens (CPS) are a form of catch basin protection that targets trash and debris. These screens are inserted into selected catch basins and mounted in front of the basin’s outlet pipe. A location map for the proposed CPS devices is included as Attachment 3. These areas include priority land use areas that contain industrial and commercial uses, as well as bus stops and driving routes that have a direct nexus to transportation-related pollution. Once implemented, these units will have an immediate impact in improving water quality in our local and regional waterways, assist with trash capture, and further help the city meet its regulatory compliance goals mandating the retrofit of storm drains prior to 2031. Project X grant guidelines allow for use of pre-qualified contractors and devices. Orange County Public Works 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 State Water Board’s full capture equivalency goals. The County qualified two contractors through a formal bid process to purchase and install specific trash control devices that could be extended to local jurisdictions. The County Master Agreement with G2 Construction, Inc. is included at Attachment 4. Staff has determined that the products proposed by G2 Construction, Inc. for installation in San Juan Capistrano 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. G2 Construction, Inc. services include customized installation of 100 storm drain trash and debris devices, mobilization, catch basin cleaning, extra bracing as needed, traffic control, and the devices are under a 10-year warranty. The County’s formal bid process and participation of local jurisdictions aligns with City Municipal Code Section 3-4.310(c), which provides exemptions to the informal and formal bid process “when the City has a contract with another governmental agency to purchase City Council Agenda Report November 07, 2023 Page 3 of 4 a particular item or service on a cooperative basis.” Eliminating the Request for Proposals process streamlines the purchase and installation of the trash capture devices and will assure compliance with Project X guidelines. FISCAL IMPACT: Funds have been allocated in the Fiscal Year 2023-2024 Capital Improvement Budget for CIP Project 25401, Storm Water Treatment Device Installation Project, in the amount of the estimated project cost of $184,000. Project X would cover 80% (or $147,200), and the City’s local match funding would cover 20% (or $36,800) of the total project cost. Project Budget and Funding Description Costs Storm Water Treatment Device Purchase and Installation $160,000 Construction & Project Management, Final Design (15%) $24,000 Total Cost $184,000 Project X (80%) ($147,200) Local Match (20%) Systems Development Tax Fund ($36,800) ENVIRONMENTAL IMPACT: The proposed project is determined to be Categorically Exempt pursuant to the CEQA Guidelines Section 15302 (c) Class 2, because the project consists of replacement or reconstruction of existing utility systems to ensure the existing facilities provide better water quality treatment, and installation of connector pipe screens results in no expansion of capacity. The project involves implementing trash collection devices in the City’s existing stormwater conveyance system intended to minimize pollution. There is no possibility that this activity will result in a negative effect on the environment, and it is required by the State Water Board. If the project is approved, staff will file a CEQA Notice of Exemption within five working days of this action. PRIOR CITY COUNCIL REVIEW: On June 7, 2022, the City Council approved Resolution 22-06-07-03, authorizing the submittal of an application for the Orange County Transportation Authority 2022 Measure M2 Environmental Cleanup Program Tier 1 Grant Program. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: This item does not require commission, committee, or board review. City Council Agenda Report November 07, 2023 Page 4 of 4 NOTIFICATION: Cynthia Morales, Orange County Transportation Authority Eric Taylor, G2 Construction, Inc. ATTACHMENTS: Attachment 1: OCTA Project X Funding Award Agenda, November 14, 2022 Attachment 2: Proposed Purchase Agreement with G2 Construction, Inc. Attachment 3: Storm Drain Device Location Map Attachment 4: County Master Purchase Agreement OCTA MA-080-20011478 COMMITTEE TRANSMITTAL Orange County Transportation Authority 550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) November 14, 2022 To: Members of the Board of Directors From: Andrea West, Interim Clerk of the Board Subject: Comprehensive Transportation Funding Programs - Project X Tier 1 2022 Call for Projects Programming Recommendations Regional Planning and Highways Committee Meeting of November 7, 2022 Present: Directors Bartlett, Chaffee, Delgleize, Harper, Muller, and Murphy Absent: Director Foley Committee Vote This item was passed by the Members present. Directors Delgleize and Foley were not present to vote on this item. Committee Recommendations A. Approve the allocation of $3,120,217 in Tier 1 Environmental Cleanup Program funding for 13 projects. B. Grant pre-award authority for this cycle of awarded projects to enable local jurisdictions to meet the timely use of funds requirements. Attachment 1 Page 1 of 10 Orange County Transportation Authority 550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) November 7, 2022 To: Regional Planning and Highways Committee From: Darrell E. Johnson, Chief Executive Officer Subject: Comprehensive Transportation Funding Programs – Project X Tier 1 2022 Call for Projects Programming Recommendations Overview The Orange County Transportation Authority’s Environmental Cleanup Program provides Measure M2 funding for water quality improvement projects to address transportation-generated pollution. The fiscal year 2022-23 Tier 1 Grant Program call for projects was issued on March 14, 2022. Evaluations of grant applications are complete, and a list of projects recommended for funding is presented for Board of Directors’ review and approval. Recommendations A.Approve the allocation of $3,120,217 in Tier 1 Environmental Cleanup Program funding for 13 projects. B.Grant pre-award authority for this cycle of awarded projects to enable local jurisdictions to meet the timely use of funds requirements. Background In May 2010, the Orange County Transportation Authority (OCTA) Board of Directors (Board) approved a two-tiered approach to fund the Measure M2 (M2) Project X Environmental Cleanup Program (ECP). The Tier 1 Grant Program is designed to reduce more visible forms of pollutants, such as litter and debris collecting on roadways and in catch basins prior to being deposited in waterways and, ultimately, the ocean. The Tier 2 Grant Program provides funding for larger projects, allowing for multi-jurisdictional, capital-intensive structural treatment Best Management Practice (BMP) projects. Tier 1 funds are available for Orange County local jurisdictions to purchase and install equipment and other BMPs that supplement, not supplant, existing water quality programs. Examples include screens, filters, and inserts for catch basins, Attachment 1 Page 2 of 10 Comprehensive Transportation Funding Programs – Project X Tier 1 2022 Call for Projects Programming Recommendations Page 2 as well as other devices designed to remove the aforementioned pollutants. Projects must demonstrate a direct nexus to the reduction of transportation-related pollution, as developed and defined by OCTA’s Environmental Cleanup Allocation Committee (ECAC). To date, the Board has approved funding for 199 Tier 1 projects, totaling approximately $30 million. It is estimated that more than 45 million gallons of trash have been captured since the inception of the ECP in 2011. Over time, the volume of trash captured is expected to increase. On March 14, 2022, the Board approved the issuance of the current 2022 ECP Tier 1 call for projects (call), making available approximately $3 million to support a 12th call for the ECP Tier 1 program. Discussion The ECP Tier 1 call application deadline was June 16, 2022. As of that date, 14 applications were submitted to OCTA from 14 local jurisdictions. However, one application was withdrawn during the evaluation process. The 13 remaining applications were reviewed and evaluated by an application review committee consisting of OCTA staff and the ECAC Chairman. Project applications were evaluated based on Board-approved selection criteria, which include the following: •Effectiveness at removing trash and debris; •Cost/benefit analyses; •Pollution reducing benefits; •Project readiness; •Adequacy of proposed operations and maintenance plans; and •Submission of clear and detailed work plans with specific implementation timing documented On October 6, 2022, the ECAC met and concurred with the application review committee’s conclusions and recommended that 13 projects in the amount of $3,120,217 be considered by the Board for funding (Attachment A). While the recommended award amount is higher than the Board-authorized target of $3 million, the funding recommendation aligns with award recommendation s from previous cycles, which may be slightly below or above the Board-authorized target. It should also be noted that funding in excess of call target amounts is offset by previous ECP Tier 1 unallocated call balances, including approximately $102,000 from the 2021 call. Attachment 1 Page 3 of 10 Comprehensive Transportation Funding Programs – Project X Tier 1 2022 Call for Projects Programming Recommendations Page 3 The projects being recommended for funding consist of catch basin debris screen devices, including 1,508 connector pipe screens (CPS), 288 automatic retractable screens (ARS), 170 grated inlet trash screens (GITS), one debris separating baffle box (DSBB), and one in-line trash trap unit. More detailed project descriptions and visual examples are provided in Attachment B and Attachment C, respectively. A brief overview of these project types is provided below. •Catch basin debris screen devices: These metal screen devices cover catch basins and prevent debris from entering the storm drain system and primarily consist of CPS, ARS, and GITS type devices. •A DSBB is an advanced stormwater treatment system utilizing a non-clogging screen technology and hydrodynamic separation to capture pollutants. The non-clogging screening system stores trash and debris in a dry state, suspended above sedimentation chambers that allows for easier maintenance. •An in-line trash trap unit is a precast concrete structure designed to reduce pollutants present in stormwater and urban runoff by capturing trash and solids from incoming flows using disposable mesh nets. The design of the trash trap unit effectively uses the energy of water flow to drive pollutants into nets to separate and capture trash, debris, and sediment. All particles larger than one millimeter are captured. Oil absorption material can be placed inside or outside the nets to absorb oil sheen and grease. As part of this program, local jurisdictions agree to contribute a minimum match of 20 percent of total project costs. All recommended projects meet this requirement. Upon approval from the Board, OCTA will execute letter agreements with each awarded local jurisdiction. Construction contracts are required to be awarded by the local jurisdiction within 12 months of the letter agreement and may not be executed before the letter agreement is finalized. However, due to extenuating circumstances in securing application review committee participants this call, it has taken longer than in previous cycles to advance the project funding recommendations to the Board for approval. Therefore, to hold local jurisdictions harmless for the reduced time to meet the construction contract requirement (i.e., 12 months from execution of letter agreements), staff is recommending that pre-award authority be granted upon Board approval for the 13 projects. Pre-award authority allows local jurisdictions to enter into construction contracts ahead of execution of letter agreements, which can take several months after Board approval for final execution by cities and OCTA. Attachment 1 Page 4 of 10 Comprehensive Transportation Funding Programs – Project X Tier 1 2022 Call for Projects Programming Recommendations Page 4 Staff continues to engage the ECAC for the recruitment of additional application review committee members for future Tier 1 call evaluations to mitigate potential delays in the future. Next Steps Upon Board approval and once funding awards are finalized, local jurisdictions will be required to execute a letter amendment to their M2 master agreement. As noted above, recommended pre-award authority will help local jurisdictions avoid any delays in project delivery. OCTA will monitor and report on project status and delivery through the CTFP semi-annual review and M2 quarterly reporting processes. Summary OCTA’s ECP provides grant funding to local jurisdictions for projects that support water quality improvements related to transportation infrastructure. The 2022 Tier 1 call has concluded, and staff is recommending Board approval to program $3,120,217 in ECP funds to 13 local jurisdiction projects. Attachments A.Project X 2022 Tier 1 Call for Projects, Programming Recommendations B.Project X 2022 Tier 1 Call for Projects – Project Summaries C.Visual Samples of Recommended Best Management Practice Project Types Prepared by: Approved by: Alison Army Kia Mortazavi Principal Transportation Analyst (714) 560-5537 Executive Director, Planning (714) 560-5741 Attachment 1 Page 5 of 10 Project X 2022 Tier 1 Call for Projects Programming Recommendations ATTACHMENT A Agency Project Project Description Local Match Score Recommended M2 Project Allocation Cumulative Funding Laguna Hills Connector Pipe Screen and Automatic Retractable Screen Project, Phase XI Install 62 CPS-mod systems and 129 ARS-CL Curb Screens 20%86 200,000$ 200,000$ Stanton Stanton Catch Basin Full Trash Capture System Installations - 2022 Install 26 CPS-mod systems and Five GITS devices 20%83 61,890$ 261,890$ Mission Viejo Trash and Runoff Abatement Project: Northerly Area Install 33 CPS-mod systems and 111 ARS-CL curb screens 20%83 160,000$ 421,890$ Seal Beach 2022 Environmental Cleanup Project Install 57 CPS-mod systems, 117 GITS devices, and 48 ARS-FX curb-opening screens 20%80 396,000$ 817,890$ Anaheim The Catch Basin Screen Installation Project - 2022 Install 373 CPS units 20%80 499,366$ 1,317,256$ Fullerton Installation of Full Capture Trash Devices in Catch Basins - 2022 Install 24 CPS-mod systems and 48 GITS devices 20%79.5 173,761$ 1,491,017$ San Juan Capistrano San Juan Capistrano High Priority CPS Screen Installation Install 100 CPS units 20%78 147,200$ 1,638,217$ Orange Debris Separating Baffle Box and Connector Pipe Screen BMP Installation Install One DSBB and seven CPS units 20%78 400,000$ 2,038,217$ Costa Mesa 2022 Connector Pipe Screen Installation Project Install 300 CPS units 20%71 160,000$ 2,198,217$ Huntington Beach Huntington Beach Trash Removal Project Phase II - Atlanta Avenue Pump Station Retrofit Install one in-line trash trap unit 33.5%69 500,000$ 2,698,217$ Westminster 2022 Catch Basin Screen Installation Project Install 100 CPS units 20%66 69,600$ 2,767,817$ Laguna Niguel Purchase and Installation of Trash Control Devices on Stormwater Catch Basins 2022 Install 196 CPS units 20%65 196,000$ 2,963,817$ Irvine Citywide Catch Basin Connector Pipe Screen Installation Project - Phase 3 Install 230 CPS units 20%65 156,400$ 3,120,217$ Agency Project Project Description Newport Beach Newport Bay Trash Boom System Install one trash boom system Acronyms ARS - Automatic Retractable Screen M2 - Measure M2 BMP - Best Management Practice N/A - Not Applicable CPS - Connector Pipe Screen DSBB - Debris Separating Baffle Box GITS - Grated Inlet Trash Screen Projects Recommended for Funding Withdrawn by Applicant M2 Funding Request 150,000$ Score N/A Attachment 1 Page 6 of 10 Project X 2022 Tier 1 Call for Projects – Project Summaries ATTACHMENT B Project Descriptions Agency Project Title Project Highlights Anaheim The Catch Basin Screen Installation Project - 2022 The City of Anaheim proposes to install 373 CPS units at existing storm drain catch basins at strategic high-traffic sites located throughout the Anaheim watershed and storm drain system, protecting the Carbon Creek, Westminster, and Santa Ana River Watersheds. Costa Mesa 2022 Connector Pipe Screen Installation Project The City of Costa Mesa proposes to install 300 CPS units along priority land use drainage areas, downstream of bus stops and along transportation corridors. The project area falls within two principal watersheds, the Newport Bay watershed and the Santa Ana River watershed. Fullerton Installation of Full Capture Trash Devices in Catch Basins - 2022 The City of Fullerton proposes to install 24 CPS-mod systems and 48 GITS devices, prioritizing high-traffic areas with heavy pedestrian and vehicle traffic, such as industrial zones, commercial plazas, and apartments. The project area is expected to reduce the amount of transportation-related pollution entering Orange County’s surface and groundwater systems. Huntington Beach Huntington Beach Trash Removal Project Phase II - Atlanta Avenue Pump Station Retrofit The City of Huntington Beach proposes to install one in-line trash trap unit that would be located entirely within the City-owned Atlanta Avenue pump station yard, next to the Huntington Channel. The project area receives storm flows and runoff from a 247-acre watershed, of which 187 acres is a priority land use area. Irvine Citywide Catch Basin Connector Pipe Screen Installation Project - Phase 3 The City of Irvine proposes to install 230 CPS units at various locations throughout Irvine in order to protect the Upper Newport Bay. The specific locations were selected considering development areas, increased vehicle/pedestrian traffic, the absence of stormwater treatment by a natural treatment system, drainage from priority land use areas, and drainage to downstream receiving waters listed on the Clean Water Act List of Impaired Water Bodies. Laguna Hills Connector Pipe Screen & Automatic Retractable Screen Project, Phase XI The City of Laguna Hills proposes to install 62 CPS-mod systems and 129 ARS-CL curb screens in catch basins in the northwest, central and south, and east side of Laguna Hills. These devices receive stormwater runoff from 234 total acres, of which 172 acres are in priority land use areas. The proposed project will protect water quality in three watersheds. Laguna Niguel Purchase and Installation of Trash Control Devices on Stormwater Catch Basins 2022 The City of Laguna Niguel proposes to install 196 CPS units that currently do not have trash control devices or have a trash control device that does not meet state requirements, largely in alternative land use areas. Mission Viejo Trash and Runoff Abatement Project: Northerly Area The City of Mission Viejo proposes to install 33 CPS-mod systems and 111 ARS-CL curb screens in the northern area of Mission Viejo, protecting two watersheds, the San Juan Creek and Aliso Creek watersheds. All proposed project areas are considered priority land use areas, reducing stormwater pollution in commercial and high-density residential areas. Orange Debris Separating Baffle Box and Connector Pipe Screen Best Management Practice Installation The City of Orange proposes to install one DSBB and seven CPS units. The DSBB would be located in the existing storm drain system that ultimately discharges into Buckeye Channel, collecting runoff from watershed 6 as described in the City of Orange Master Plan of Drainage. The CPS units would be installed within the City of Orange watersheds 6, 11, and 30. San Juan Capistrano San Juan Capistrano High Priority CPS Screen Installation The City of San Juan Capistrano proposes to install 100 CPS units in catch basins located in high-density residential and commercial areas with high concentrations of industrial and commercial uses, as well as bus stops and driving routes that have a direct nexus to transportation-related activities affecting the San Juan Creek watershed. Seal Beach 2022 Environmental Cleanup Project The City of Seal Beach proposes to install 57 CPS-mod systems, 117 GITS devices, and 48 ARS-FX curb-opening screens in the not-yet-protected priority land use area of Leisure World Seal Beach, preventing pollution runoff for the San Gabriel watershed. Stanton Stanton Catch Basin Full Trash Capture System Installations - 2022 The City of Stanton (City) proposes to install 26 CPS-mod systems and five GITS devices in 31 City-owned catch basins, prioritizing those that do not already have a full trash capture device installed. The City proposes to target areas predominantly featuring high pedestrian and vehicular traffic, such as apartments, schools, and commercial zones. Westminster 2022 Catch Basin Screen Installation Project The City of Westminster proposes to install 100 CPS units servicing priority land use areas. The first priority is 31 catch basins in priority land use areas, and the second priority is for 69 residential catch basins to offset a portion of the trash from catch basins in priority land use areas that are not able to be equipped with CPS units. Acronyms ARS - Automatic Retractable Screen CPS - Connector Pipe Screen DSBB - Debris Separating Baffle Box GITS - Grated Inlet Trash Screen Attachment 1 Page 7 of 10 1 Visual Samples of Recommended Best Management Practice Project Types* Connector Pipe Screen Automatic Retractable Screen ATTACHMENT C Attachment 1 Page 8 of 10 2 Visual Samples of Recommended Best Management Practice Project Types* Grate Inlet Trash Screen Unit Debris Separating Baffle Box Attachment 1 Page 9 of 10 3 Visual Samples of Recommended Best Management Practice Project Types* In-Line Trash Trap *Photographs are for visualization purposes. Actual final devices installed may be different depending on final procurement, site characteristics, final specs, etc. Attachment 1 Page 10 of 10 Page 1 of 24 CITY OF SAN JUAN CAPISTRANO G2 CPS-MOD TRASH CAPTURE DEVICE EQUIPMENT PURCHASE AGREEMENT This Equipment Purchase Agreement (“Agreement”) is entered into this 7th day of November, 2023, by and between the City of San Juan Capistrano, a municipal corporation organized and operating under the Constitution and laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 (“City”), and G2 Construction, Inc. a California stock corporation with its principal place of business at 1352 E. Borchard Ave., Santa Ana, CA 92705 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. Section 1. DEFINITIONS. A.“Equipment” means all machinery, equipment, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Contractor as specified in Exhibit “A,” which is attached hereto and incorporated herein by reference. B.“Delivery Date(s)” means that date or dates upon which the Equipment is to be delivered to City, ready for approval, testing, and/or use as specified in Exhibit “B,” which is attached hereto and incorporated herein by reference. Section 2. MATERIALS AND WORKMANSHIP. When Exhibit “A” specifies a particular type of machinery, equipment or material by manufacturer, model or trade name, no substitution may be made without City’s advanced written approval. Machinery, equipment or material installed in the Equipment without the approval required by this Section 2 will be deemed to be defective for purposes of Section 4. Where specific machinery, equipment or materials are referred to in Exhibit “A” as being equal to any particular standard, City shall decide the question of equality in its sole and absolute discretion. When requested by City, Contractor shall furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment, and material to be incorporated in the Equipment. Material samples will be submitted at City’s request. Section 3. INSPECTIONS AND TESTS. City shall have the right to inspect and/or test the Equipment, or any portion thereof, prior to acceptance. If upon City’s inspection or testing, the Equipment or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Equipment or exercise any of its rights set forth under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Contractor of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof. Attachment 2 Page 1 of 24 Page 2 of 24 Section 4. WARRANTY. A.Contractor warrants that the Equipment will be of merchantable quality and free from defects in design, engineering, material and workmanship for a period of ten (10) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by the Parties, from the date of final written acceptance of the Equipment by City as required for final payment under Section 7. Contractor further warrants that any services provided in connection with the Equipment will be performed in a professional and workmanlike manner and in accordance with the highest industry standards. B.Contractor further warrants that all machinery, equipment or processes included in the Equipment will meet the performance requirements and specifications set forth in Exhibit “A” and shall be fit for the intended purpose. City’s inspection, testing, approval or acceptance of any such machinery, equipment or process will not relieve Contractor of its obligations under this Section 4.B. C.In the event of a breach of any of the warranties contained in Section 4.A and Section 4.B, Contractor shall, immediately after receiving notice from City, at the sole option of City, and at Contractor’s own expense and without cost to City: 1.Repair the defective Equipment; 2.Replace the defective Equipment with conforming Equipment, F.O.B. City’s plant, office or other location of City where the Equipment was originally performed or delivered; or 3. Repay to City the purchase price of the defective Equipment. If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair and replacement of the defective Equipment, and reinstallation of new Equipment. All such defective Equipment that is so remedied will be similarly warranted as stated above. In addition, Contractor shall repair or replace other parts or items of the Equipment which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City. D.Contractor also warrants that the Equipment is free and clear of all liens and encumbrances whatsoever, that Contractor has a good and marketable title to same, and that Contractor owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Equipment. Contractor agrees to indemnify, defend and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties. E.In the event of a breach by Contractor of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code. Attachment 2 Page 2 of 24 Page 3 of 24 Section 5. PRICES. Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Equipment furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination. Section 6. CHANGES. City, at any time, by a written order and without notice to any surety, may make changes to the order for Equipment, for reasons including but not limited to, ensuring that the Equipment conforms with City’s requirements and specifications. If such changes affect the cost of the Equipment or the time required for Contactor’s performance and delivery of Equipment, an equitable adjustment will be made in the price or time for performance, or both. Any change in the price necessitated by such change will be agreed upon between City and Contractor and such change will be authorized by a change order document, executed by the Parties. Section 7. PAYMENTS. A.Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable progress milestones. Final payment shall be made by City after Contractor has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Equipment. B.If progress milestones have been specified in Exhibit “B,” then payments for the Equipment will be made as the requirements of such progress milestones are met. Progress payments for the Equipment shall be made by City upon proper application by Contractor during the progress of the Equipment and according to the terms of payment as specified in Exhibit “B.” Contractor’s progress billing invoice must include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order must be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Contractor’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle. C.Payments otherwise due may be withheld by City on the basis of defective Equipment not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Contractor to make payments properly to its subcontractors or for material or labor, the failure of Contractor to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Contractor’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a 90-day period after written notice, City may forgo the payments at Contractor’s expense. Attachment 2 Page 3 of 24 Page 4 of 24 D.Payment of the final progress milestone payment or any retention will be made by City upon: 1.Submission of an invoice for satisfactory completion of the requirements of a progress milestone as defined in Exhibit “B” and in the amount associated with the progress milestone; 2.Written acceptance of the Equipment by City; 3. Delivery of all drawings and specifications, if required by City; 4.Delivery of executed full releases of any and all liens arising out of this Agreement; and 5.Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full. If any person refuses to furnish an actual release or receipt in full, Contractor may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City. E.Acceptance by Contractor of payment of the final progress milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Contractor then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. Notwithstanding the foregoing, payment for the final progress milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Contractor, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. Section 8. SCHEDULE FOR DELIVERY. A.The time of Contractor’s performance is of the essence for this Agreement. The Equipment will be delivered in accordance with the schedule set forth in Exhibit “B.” Contractor must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. B.In the event that the Equipment is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Contractor shall fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s). C.The term of this Agreement shall be through June 30, 2024. Attachment 2 Page 4 of 24 Page 5 of 24 Section 9. TAXES. A.Contractor agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Equipment provided under this Agreement. B.Contractor shall withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Contractor shall deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities, all amounts required to be withheld. C.All other taxes, however denominated or measured, imposed upon the price of the Equipment provided hereunder, will be the responsibility of Contractor. In addition, all taxes assessed by any taxing jurisdiction based on Contractor property used or consumed in the provision of the Equipment such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Contractor. D.Contractor shall, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Contractor hereunder. Section 10. INDEPENDENT CONTRACTOR. Contractor enters into this Agreement as an independent contractor and not as an employee of City. Contractor shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by Contractor are employees, agents, contractors or subcontractors of Contractor and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Contractor by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement. Section 11. SUBCONTRACTS. Unless otherwise specified, Contractor must obtain City’s written permission before subcontracting any portion of the Agreement. Except for the insurance requirements in Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Equipment, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Contractor from its obligations to City, including, but not limited to Contractor’s insurance and indemnification obligations. No subcontract or order will bind City. Section 12. TITLE AND RISK OF LOSS. Unless otherwise agreed to by the Parties, City will have title to, and risk of loss of, all completed and partially completed portions of the Equipment upon delivery, as well as materials delivered to and stored on City property that are intended to become a part of the Equipment. Notwithstanding the foregoing, Contractor shall be liable for any loss or damage to the Attachment 2 Page 5 of 24 Page 6 of 24 Equipment and/or the materials caused by Contractor or its subcontractors, their agents or employees, and Contractor will replace or repair said Equipment or materials at its own cost to the complete satisfaction of City. In the event that the City has paid Contractor for all or a portion of the Equipment which remains in the possession of Contractor, then City shall have title to, and the right to take possession of, such Equipment at any time following payment therefor. Risk of loss for any Equipment which remains in the possession of Contractor shall remain with Contractor until such Equipment has been delivered or City has taken possession thereof. Contractor will have risk of loss or damage to Contractor’s property used in the construction of the Equipment, but which does not become a part of the Equipment. Section 13. INDEMNIFICATION. A.Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Equipment or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City. B.Contractor’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its directors, officials, officers, employees, agents or volunteers shall be at Contractor’s own cost, expense and risk. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its elected officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its elected officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. C.Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, officers, employees, agents or volunteers. Section 14. INSURANCE. A.General. Contractor shall take out and maintain: 1.Commercial General Liability Insurance, of at least $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01; 2.Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); Attachment 2 Page 6 of 24 Page 7 of 24 3.Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and 4.Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Contractor if transporting hazardous materials. 5.If Contractor is also the manufacturer of any equipment included in the Equipment, Contractor shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000. B.Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give City, its elected officials, officers, employees, agents or volunteers additional insured status with respect to the services or ongoing and completed operations performed by or on behalf of the Contractor. Such policies shall contain a provision stating that Contractor’s policy is primary insurance and that any insurance, self- insurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement. C.Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. D.Evidence of Insurance. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. E.Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. F.Freight. Contractor shall ensure that third party shippers contracted by Contractor have adequate insurance coverage for the shipped Equipment. Attachment 2 Page 7 of 24 Page 8 of 24 Section 15. LIENS. A.Contractor, subcontractors and suppliers shall not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Equipment, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”). Contractor, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Contractor, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant. B.Contractor will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Contractor will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims. Section 16. TERMINATION OF AGREEMENT BY CITY. A.Should Contractor at any time refuse or fail to deliver the Equipment with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Contractor’s right to proceed with the delivery of the Equipment upon written notice to Contractor. In such event, City may obtain the Equipment by whatever method it may deem expedient, including, but not limited to, the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Contractor. In such case, Contractor shall not be entitled to receive any further payments until the Equipment is delivered. If City’s cost of obtaining the Equipment, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Contractor shall be liable for and will pay the difference to City. B.City may, for its own convenience, terminate Contractor’s right to proceed with the delivery of any portion or all of the Equipment upon written notice to Contractor. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Contractor, and will not affect the obligations and duties of Contractor under the Agreement with respect to portions of the Equipment not terminated. C.Upon receipt of notice under Section 16.B, Contractor will, with respect to the portion of the Equipment terminated, unless the notice states otherwise, 1.Immediately discontinue such portion of the Equipment and the placing of orders for materials, facilities, and supplies in connection with the Equipment; 2.Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and Attachment 2 Page 8 of 24 Page 9 of 24 3.Deliver only such portions of the Equipment which City deems necessary to preserve and protect those portions of the Equipment already in progress and to protect material, plant and equipment at the Equipment site or in transit to the Equipment site. D.Upon termination pursuant to Section 16.B, Contractor will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Equipment already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Contractor upon delivery by Contractor of the releases of liens and affidavit, pursuant to Section 7.C. Section 17. MISCELLANEOUS PROVISIONS. A.Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose: CITY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Joe Parco, City Engineer CONTRACTOR: G2 Construction, Inc. 1352 E. Borchard Ave. Santa Ana, CA 92705 Attn: John R. Alvarado Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. B.Assignment or Transfer. Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Contractor from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City. C.Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. D.Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. E.Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege or Attachment 2 Page 9 of 24 Page 10 of 24 service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. F.Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County. G.Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. H.No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. I.Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party. J.Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. K.Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. L.City’s Right to Employ Other Contractors. City reserves its right to employ other contractors in connection with the Equipment. M.Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. N.Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Equipment specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing. [SIGNATURES ON FOLLOWING PAGE] Attachment 2 Page 10 of 24 Page 11 of 24 SIGNATURE PAGE FOR EQUIPMENT PURCHASE AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND G2 CONSTRUCTION, INC. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. CITY OF SAN JUAN CAPISTRANO Approved By: Benjamin Siegel City Manager Date Attested By: Maria Morris, City Clerk Approved As To Form: City Attorney G2 CONSTRUCTION, INC. Signature Name Title Date President John R. Alvarado 10/31/2023 Attachment 2 Page 11 of 24 Page 12 of 24 EXHIBIT “A” EQUIPMENT SPECIFICATIONS G2 Construction’s patented CPS-MOD is made of 304 stainless steel and is certified as a Full Capture System by the California State Water Resources Control Board. G2 equipment includes a 10- year warranty on installed devices and the CPS-Mod screens meet the State’s Trash Amendment requirements. G2 Construction will install G2 proprietary CPS-Mod Full Capture System devices in 100 city owned catch basins and provide detailed documentation and photos for every installation. Equipment Specifications follow on the next pages. Attachment 2 Page 12 of 24 CPS-Mod™ Patented CPS Modular Series CA State Water Board Certified -FULL CAPTURE SYSTEM _____________________________________________________________________________________________________________________________ G2 CPS-Mod™Full-Capture 5mm perforated screens with patented modular design for easy installation inside catch basins. Approved by the California State Water Board, LACDPW, OCPW, OCTA, SF Bay RWQCB & agencies everywhere. The CPS- Mod™prevents trash, pollutants, and debris from entering waterways through the catch basin outlet pipe. x Made from 304 Stainless Steel for extended life. x Sized to meet or exceed 1-year, 1-hour storm. x Modular to easily fit all catch basin types. x Custom designed and fabricated to each catch basin to ensure compliance of no gaps > 5mm in size. x Professionally installed by G2 or a trained & certified installer. x Quick Release Removable (optional) x Mosquito & Vector Abatement Deflector (where required) Recommended with G2’s ARS CamLock Series™ EXHIBIT A Page 13 of 24 Attachment 2 Page 13 of 24 CPS-Mod™ Patented CPS Modular Series FULL CAPTURE SYSTEM Certified by California State Water Board & Regional Water Quality Control Boards G2 CPS-Mod™Connector Pipe Screen Function: x Captures all pollutants 5mm and larger that enter the catch basin. x Pollutants prevented from exiting the catch basin: ¾Primary: plastics (food containers, bags, bottles, straws); trash (paper, cigarette butts, cans); vegetative debris (leaves, branches, landscaping); other all other objects. ¾Secondary: pollutants absorbed by or attached to the Primary pollutants. Including from vehicles (hydrocarbons, fluids, copper, cadmium, zinc, tires, etc.), pathogens / bacteria, pesticides, nutrients, organic compounds, sediment toxicity, etc. Design, Flexibility, & Approval: x Custom designed and fabricated for each catch basin and its unique features. x Fits any standard catch basin with discharge pipe on front, back, or side wall. x Approved by State Waterboard, Los Angeles County DPW, City of LA, Orange County DPW, OCTA, San Francisco Bay Area Water Resource Board, and agencies everywhere. Material & Fabrication: x Made of 304 stainless steel; 14 gauge with 5mm holes. x “Made in California, USA” Value: x Low initial capital investment relative to other storm water quality BMPs. Lower long-term and total lifetime costs vs. any water quality BMP or taking no action. x Requires no replacement filters or parts. x G2’s CPS-Mod™ in combination with the G2’s ARS-CL™ creates the most effective BMP system and greatest value. Public Outreach: x Residents aware of the CPS-Mod™installed in their local catch basin perceive it to be an environmental benefit and demonstrates an environmentally conscious community. Recommended with G2’s ARS CamLock Series™screens, for the most complete full capture system. EXHIBIT A Page 14 of 24 Attachment 2 Page 14 of 24 CPS-Mod™Patented CPS Modular Series FULL CAPTURE SYSTEM EXHIBIT A Page 15 of 24 Attachment 2 Page 15 of 24 NOTES: TOP DEFLECTOR, AS NEEDED SUPPORT BRACKET WHEN A 48". BOTTOM TRIM SIZED TO FIT, AS NEEDED, SEE SHEET #3. 2 G2 Construction, Inc. Connector Pipe Screen (CPS) NOT TO SCALE A *Hb *Hs A* B* (typ) *Hs/2 (typ) *Hs/2 (typ) Full Capture Model: G2 CPS - Modular Patented VIA 5 mm Opening Screen 14 Gauge *L = A A 5 mm Opening Screen 14 Gauge *L = A+2B B (typ) A 5 mm Opening Screen 14 Gauge *L = A+B B 3 3 1 2 1 Screen made of 304 Stainless Steel 14 gauge, with 5 mm openings.Manufactured and Installed Exclusively by:Office (714) 748- 4242CA Lic. # 801253 A, C-8, C-60G2 Construction, Inc.info@g2construction.com1352 E. Borchard AvenueSanta Ana, CA 92705EXHIBIT A Page 16 of 24 Attachment 2 Page 16 of 24 Device Filtered Flow Rate Calculation What are the filtered flow rates for G2 Construction devices, and how are they determined? G2 Construction (G2) reports filtered flow rates based on hydrology modeling and testing with water flows. Our design team applies the same formula used by the Los Angeles County Department of Public Works (LACDPW) to calculate filtered CFS (cubic feet per second) in their TECHNICAL REPORT on Connector Pipe Screen Design and Full Capture TMDL Compliance (April 2007). This technical report was submitted and approved by the Los Angeles Regional Water Quality Control Board. CPS-Mod ™CFS Formula: Where: Qscreen= Max CFS filtered thru screen. c = Coeficent of the screen orifice for friction & turbulence. A = Area of the screen. g= Gravity. h = Differential head of upstream vs. downstream side of screen. Using this formula, G2 calculates the filtered CFS for different designs, and with different assumptions. Catch basin discharge pipes are designed and sized to transport the area’s stormwater from the catch basin. G2 designs each CPS-Mod™based on the size and location of the discharge pipe, and size and configuration of the catch basin. In addition to modeling filtered CFS with formulas, G2 has tested our devices with flowing water. Results found that actual flowing water CFS rates were 90-95% of the modeled formulas. However, G2 realizes there are many factors that can reduce filtration rates not included in the formulas. We take a conservative approach by applying a size factor that calculates filtration rates for a smaller device that estimated, typically 85%. This provides a safety factor. G2 knows there are real world variables that will reduce flow rates, and screen blockage is the most common issue. For that reason, G2 designs assume that a percentage of the screen will be blocked with trash or debris, and our designs typically assume between 10-30% of the screen cannot pass water. This directly reduces the assumed filtration rates. Each of G2’s ARS-CL™screens varies in curb opening width between 3.5’ to 5’, and is designed to unlock and open when 4” of water pools in front of the catch basin. The same formula is used to determine device filtered flow rates. Similarly, our designed filtered flow rates for the closed ARS- CL™screen assumes there is some screen blockage. LACDPW has performed hydrology tests on the ARS-CL™ at the San Gabriel dam test facility and has approved the design. Device Filtered Flow Rate Testing with Water G2’s devices have been testing using flowing water to simulate real-world conditions. Attached is a report of filtration testing performed on the patented CPS-Mod™. This test and the results were included in G2’s application to the State Waterboard that resulted in the certification of G2’s CP S- Mod™and GITS™devices as Full Capture Systems. EXHIBIT A Page 17 of 24 Attachment 2 Page 17 of 24 &ŝůƚĞƌĞĚ&ůŽǁZĂƚĞdĞƐƚŝŶŐͲ'ϮW^ͲDŽĚ:ĂŶ͘ϮϬϭϵ   ),/7(5(')/2:5$7(7(67,1* 'HYLFH7HVWHG*&RQVWUXFWLRQ±&360RGŒ   )LOWHUHG)ORZUDWH &)6 7HVWLQJIRU*&360RGŒ   6XPPDU\/DEWHVWLQJRI*&360RGŒZDVSHUIRUPHGWRGHWHUPLQHILOWHUHGIORZUDWHV &)6 LQD VLPXODWHGLQKRXVHFDWFKEDVLQV\VWHP5HVXOWVVKRZHGWKDWDQDYHUDJHVL]HG*&36 VTIWVFUHHQ  ZLOOILOWHUPRUHWKDQ&)6RIZDWHUZKHQFOHDQ7KLVILOWHUHGIORZUDWHH[FHHGVWKHSHDNIORZUDWHRIWKH RQH\HDURQHKRXUVWRUPHYHQWIRUPRVWFDWFKEDVLQVZLWKGLVFKDUJHSLSHOHVVWKDQ´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ŒGHYLFH   7KLV&36ZDVWHVWHGXQGHUWZRVFHQDULRV  VFUHHQEORFNDJH  EORFNDJH7KHERWWRPRIWKHVFUHHQZDVWLJKWO\FRYHUHGZLWKLPSHUPHDEOHSODVWLF EDUULHU EXHIBIT A Page 18 of 24 Attachment 2 Page 18 of 24 &ŝůƚĞƌĞĚ&ůŽǁZĂƚĞdĞƐƚŝŶŐͲ'ϮW^ͲDŽĚ:ĂŶ͘ϮϬϭϵ    )RUHDFKWHVWXSWRFXELFIHHWIORZHGIURPWKHZDWHUVRXUFHFKDPEHULQWRWKHWHVWFKDPEHUDQG WKURXJKWKH&36   7HVW5HVXOWV  ,QDOOWHVWVFHQDULRVWKH*&36ILOWHUHGRIWKHZDWHUZLWKRXWZDWHUULVLQJDQGRYHUIORZLQJWKHVFUHHQ  $QDO\VLV7KH&36FRXOGKDYHILOWHUHGPRUHZDWHULILWZDVDYDLODEOHZLWKRXWRYHUIORZLQJ7KHWHVWHG* &36KDGDILOWHUHGIORZUDWHWKDWH[FHHGHG&)6SHUVTXDUHIRRWRIVFUHHQ  &RQFOXVLRQ7HVWLQJVKRZHGWKDW*¶V&36RIDYHUDJHVL]H VTIWVFUHHQ ILOWHUVZDWHULQH[FHVVRI &)67KLVUDWHH[FHHGVWKHIXOOFDSWXUHUHTXLUHPHQWVRIPRVWFDWFKEDVLQVZLWKDGLVFKDUJHSLSHGLDPHWHU OHVVWKDQ´7KHSULPDU\OLPLWDWLRQRIWKLVWHVWZDVWKHLQDELOLW\WRVXSSO\KLJKHUZDWHUYROXPHVDQGIORZ UDWHV)XUWKHUWHVWLQJLVUHFRPPHQGHG    3KRWRVRI&)67HVWV  *&)67HVWHU FKDPEHUV\VWHP :DWHU6RXUFH&KDPEHU &)*DOORQV    EXHIBIT A Page 19 of 24 Attachment 2 Page 19 of 24 &ŝůƚĞƌĞĚ&ůŽǁZĂƚĞdĞƐƚŝŶŐͲ'ϮW^ͲDŽĚ:ĂŶ͘ϮϬϭϵ   6FHQDULR%ORFNDJHRI6FUHHQ6FHQDULR%ORFNHGZLWKSODVWLF    %HIRUH7HVW  7HVW&KDPEHU'LVFKDUJH3LSH   'XULQJ7HVW  EXHIBIT A Page 20 of 24 Attachment 2 Page 20 of 24 Lic. #801253 - A, C8, C60 1352 E. Borchard Ave. Santa Ana, CA 92705 714.748.4242 info@g2construction.com Date: June 29, 2023 CPS-Mod™ WARRANTY Project: San Juan Capistrano - CPS-Mod™ Full-Capture Systems City of San Juan Capistrano OCTA Measure M2’s Environmental Cleanup Program (ECP) Tier 1 – Project X G2 Construction, Inc. hereby provides a product warranty of 10 years for the G2 CPS-Mod™ connector pipe screens installed in catch basins for the project listed above. G2 guarantees the CPS-Mod™ will be manufactured and installed in accordance with the product drawings and specifications. G2 Construction agrees to repair or replace any installed product that proves defective in its workmanship or material within one year of the project acceptance date. If an installed product proves defective within ten years, then G2 agrees to provide replacement parts at no cost. Accidents, product modifications, vandalism, unusual use, or lack of standard cleaning may nullify a product’s warranty. Requests for warranty service must be made by the product Owner, and should include photos and details. John Alvarado, President G2 Construction, Inc. 7 Page 21 of 24 Attachment 2 Page 21 of 24 Page 22 of 24 EXHIBIT “B” DELIVERY SCHEDULE Attachment 2 Page 22 of 24 Page 23 of 24 EXHIBIT “C” FEE SCHEDULE Pricing is provided directly from the County of Orange Public Works competitive RFP Master Purchase Agreement: OCPW/OCTA MA-080-20011478 for Trash and Debris Capture Devices. Attachment 2 Page 23 of 24 Page 24 of 24 Exhibit “C” Fee Schedule Attachment 2 Page 24 of 24 LOCATION MAP Page 1 of 1 Attachment 3 Page 1 of 1 March 17, 2020 Sent via Email to: etaylor@g2construction.com Eric H. Taylor G2 Construction, Inc 1352 E. Borchard Ave. Santa Ana, CA 92705 Subject: Request for Proposals (RFP) 080-C026659: Trash and Debris Capture Devices Dear Mr. Taylor, Thank you for responding to RFP 080-C026659: 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.Ocean Blue Environmental Services, 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 Nicholas Murray, 714.667.1659 or at nicholas.murray@ocpw.ocgov.com Sincerely, Nicholas Murray, DPA OC Public Works Procurement Services C026659 Attachment 4 Page 1 of 35 Attachment 4 Page 2 of 35 Attachment 4 Page 3 of 35 Attachment 4 Page 4 of 35 Attachment 4 Page 5 of 35 Attachment 4 Page 6 of 35 Attachment 4 Page 7 of 35 Attachment 4 Page 8 of 35 Attachment 4 Page 9 of 35 Attachment 4 Page 10 of 35 Attachment 4 Page 11 of 35 Attachment 4 Page 12 of 35 Attachment 4 Page 13 of 35 Attachment 4 Page 14 of 35 Attachment 4 Page 15 of 35 Attachment 4 Page 16 of 35 Attachment 4 Page 17 of 35 Attachment 4 Page 18 of 35 Attachment 4 Page 19 of 35 Attachment 4 Page 20 of 35 Attachment 4 Page 21 of 35 Attachment 4 Page 22 of 35 Attachment 4 Page 23 of 35 Attachment 4 Page 24 of 35 Attachment 4 Page 25 of 35 Attachment 4 Page 26 of 35 Attachment 4 Page 27 of 35 Attachment 4 Page 28 of 35 Attachment 4 Page 29 of 35 Attachment 4 Page 30 of 35 Attachment 4 Page 31 of 35 Attachment 4 Page 32 of 35 Attachment 4 Page 33 of 35 Attachment 4 Page 34 of 35 Attachment 4 Page 35 of 35