Agenda packet — Aliso Viejo City Council, October 2, 2024

AGENDA

ALISO VIEJO CITY COUNCIL
WEDNESDAY, OCTOBER 2, 2024
7:00 PM REGULAR MEETING

CITY HALL

COUNCIL CHAMBERS
12 JOURNEY

ALISO VIEJO, CA

Mayor Mike Munzing

Mayor Pro Tem Tiffany Ackley
Councilmember Ross Chun
Councilmember Max Duncan
Councilmember Richard Hurt

WELCOME to the City of Aliso Viejo City Council meeting. Those persons wishing to address the City Council are requested to complete and submit to the City Clerk a “Request to Address City Council” form available at the entrance to the City Council Chambers. Speakers will be called at the appropriate time as their interested matter is heard. COMMENTS WILL BE LIMITED TO THREE MINUTES PER SPEAKER. Council proceedings are recorded.

It is the City's intention to comply with the Americans with Disabilities Act (ADA) . If you need special assistance to participate in the meeting, the City will make reasonable arrangements to ensure accessibility and/or accommodations. [28 CFR 35.102-35.104 ADA Title II] Please contact the City Clerk's Office at (949) 425-2505 at least 48 hours prior to the meeting.

Regular meetings of the City Council are held on the first and third Wednesday of the month at the City Hall Council Chambers, 12 Journey, Aliso Viejo. Copies of the agenda are available in the lobby at City Hall on the Thursday preceding a regularly scheduled City Council meeting. All communications received by the City regarding an agenda item have been included in the agenda materials. Supplemental documents relating to specific agenda items, including communications received after agenda delivery, are presented at the dais and in the Public Copy agenda binder at the time of the meeting. Supplemental documents are also available for review in the City Clerk's office, 12 Journey, Aliso Viejo. For more information, please contact City Hall at (949) 425- 2505.

This meeting will be broadcast live on Cox Communications Channel 851, AT&T U -Verse Channel 99 and the City's website. By attending the City Council Meeting, you are giving your permission to be televised. The Council Meetings are rebroadcast on Wednesday at 7:00 p.m. on Cox Communications Channel 851, AT&T U -Verse Channel 99, and can be viewed on the internet at www.avcity.org.

MITZI ORTIZ SCOTT C. SMITH LAUREN TORRES

ACTING CITY MANAGER CITY ATTORNEY DEPUTY CITY CLERK

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PLEASE SILENCE ALL CELL PHONES AND OTHER

ELECTRONIC EQUIPMENT WHILE CITY COUNCIL IS IN SESSION

CALL TO ORDER: Convene Regular Meeting

ROLL CALL

PLEDGE OF ALLEGIANCE:

1. SPECIAL PRESENTATIONS:

1.1 BUSINESS OF THE MONTH - SUSHI KIZUNA

2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:

3. COMMUNITY INPUT:

Members of the public wishing to address the City Council are requested to complete and submit to the City Clerk a "Request to Address City Council" form available at the entrance to the City Council Chambers. In compliance with the Brown Act, no discussion or action may be taken on comments received at this time, except the City Council may briefly respond to statements made or questions posed. Comments are limited to three (3) minutes per speaker.

4. CONSENT CALENDAR:

All matters listed on the Consent Calendar will be acted upon by one vote unless members of the City Council, or staff request a matter to be discussed and/or removed from the Consent Calendar for separate action. Items removed from the Consent Calendar wi ll be discussed and voted upon immediately following City Council action on the remainder of the Consent Calendar.

4.1 WAIVE THE READING OF ALL ORDINANCES AND RESOLUTIONS Recommended Action: Approve the reading by title only of all ordinances and resolutions wherein the titles appear on the public agenda; said titles shall be determined to have been read by title, and further reading is waived.

4.2 APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the September 18, 2024 Special Meeting, and the September 18, 2024 Regular Meeting.

Draft Minutes - September 18, 2024 Special Meeting
Draft Minutes - September 18, 2024 Regular Meeting

4.3 ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued between August 30, 2024, and September 12, 2024, in the amount of $1,265,220.03.

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Staff Report
Attachment 1 - Accounts Payable Report

4.4 CONTRACT WITH GENESIS FLOOR COVERING, INC. FOR VISTA PARK

PLAYGROUND RUBBER PIP SAFETY SURFACING
Recommended Action:

1. Approve Contract Documents for Vista Park Playground Rubber PIP Safety Surfacing Project;

2. Award a contract in the amount of $57,041 to Genesis Floor Covering, Inc. as the lowest responsible bidder for Vista Park Playground Rubber PIP Safety Surfacing Project;

3. Authorize the City Manager to execute a contract with Genesis Floor Covering, Inc;

4. Authorize City staff to make total compensation to Genesis Floor Covering, Inc. up to $57,041 plus $2,852 (5% of the contract amount) to allow for contingencies, totaling $59,893; and

5. Declare this project categorically exempt from the California Environmental Quality Act (CEQA) process Per Title 14 of the California Code of Regulations, Chapter 3, Article 19, Section 15301 (Class 1: Existing Facilities).

Staff Report
Attachment 1 - Contract

4.5 CONTRACT WITH ALL AMERICAN ASPHALT FOR THE ALISO CREEK ROAD PAVEMENT REHABILILITATION BETWEEN ENTERPRISE AND SR -73, AND

STRIPING OF BIKE LANES FROM ENTERPRISE TO ALISO VIEJO PARKWAY

PROJECT
Recommended Action:

1. Approve Contract Documents, Specifications, and Plans for Aliso Creek Road Pavement Rehabilitation Between Enterprise to SR -73 and Striping of Bike Lanes from Enterprise to Aliso Viejo Parkway Project;

2. Award a contract in the amount of $906,749 to All American Asphalt as the lowest responsible bidder for the Aliso Creek Road Pavement Rehabilitation Between Enterprise to SR -73 and Striping of Bike Lanes from Enterprise to Aliso Viejo Parkway Project;

3. Authorize the City Manager to execute a contract with All American Asphalt;

4. Appropriate an additional $252,129.28 in Measure M2 funds to the Fiscal Year 2024- 25 Capital Improvement Plan budget;

5. Authorize City staff to make total compensation to All American Asphalt up to $906,749 plus $90,674.90 (10% of the contract amount) to allow for contingencies, totaling $997,423.90; and

6. Declare this project categorically exempt from the California Environmental Quality Act (CEQA) process Per Title 14 of the California Code of Regulations, Chapter 3, Article 19, Section 15301 (Class 1: Existing Facilities).

Staff Report
Attachment 1 - Contract
Attachment 2 - Submitted Bid

4.6 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-9-1419 FOR OCTA M2 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM – ALISO CREEK

CORRIDOR

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Recommended Action: Approve and authorize the Mayor to execute Amendment No. 1 to Cooperative Agreement C-9-1419 with the Orange County Transportation Authority (OCTA).

Staff Report
Attachment 1 - Agreement Amendment

5. PUBLIC HEARINGS: None.

6. DISCUSSION:

6.1 ON-STREET PARKING – JOURNEY
Recommended Action:

1. Approve an applicant request to modify the lane configuration on Journey to allow for on-street parking; and

2. Authorize Staff to finalize parking/lane configuration and complete the work on Journey.

Staff Report
Attachment 1 - Applicant Request

6.2 APPOINTMENT OF MITZI ORTIZ AS CITY MANAGER AND APPROVAL OF CITY

MANAGER EMPLOYMENT AGREEMENT
Recommended Action:

1. That the Council appoint Mitzi Ortiz (“Ortiz”) as Aliso Viejo City Manager; and

2. That the Council approve the City Manager Employment Agreement between the City and Ortiz memorializing the terms of her employment.

Staff Report
Attachment 1 - Agreement

7. CITY MANAGER' S REPORT:

8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:

9. ADJOURNMENT:

Adjourn to November 6, 2024. The regularly scheduled City Council meeting of October 16, 2024 has been cancelled.

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Special Meeting Minutes+

CITY OF ALISO VIEJO

CITY COUNCIL MINUTES

SPECIAL MEETING
SEPTEMBER 18, 2024, 5:00 PM
Council Chambers, City Hall, 12 Journey
Aliso Viejo, California
CALL TO ORDER: Mayor Munzing called the Special Meeting of the City Council of the City of Aliso Viejo to order at 5:00 p.m.

ROLL CALL:

PRESENT: MAYOR MIKE MUNZING

MAYOR PRO TEM TIFFANY ACKLEY

COUNCILMEMBER ROSS CHUN

COUNCILMEMBER MAX DUNCAN
COUNCILMEMBER RICHARD W. HURT
ABSENT: NONE
STAFF PRESENT: MITZI ORTIZ, ACTING CITY MANAGER
SCOTT C. SMITH, CITY ATTORNEY

LAUREN TORRES, DEPUTY CITY CLERK

SO KIM, COMMUNITY DEVELOPMENT DIRECTOR

ROSE RIVERA, SENIOR PLANNER

SHAUN PELLETIER, PUBLIC WORKS DIRECTOR

ISAAC AZIZ, INFORMATION TECHNOLOGY MANAGER
PUBLIC COMMENTS:

None.

CLOSED SESSION:

PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957
Title: City Manager

CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code section 54957.6
Agency Designated Representative(s): Mayor and Valerie Phillips, Bob Murray & Associates
Unrepresented Employee: City Manager
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Special Meeting Minutes+
REPORT FROM CLOSED SESSION:

City Attorney Scott Smith stated no reportable action was taken.

MAYOR MUNZING RECESSED THE MEETING TO THE STUDY SESSION AT 5:34 P.M.

STUDY SESSION:

STUDY SESSION FOR THE AVALON ALISO VIEJO MIXED-USE PROJECT Acting City Manager Mitzi Ortiz introduced Senior Planner Rose Rivera, who provided an overview. Director of Community Development So Kim, Director of Public Works Shaun Pelletier, applicant Mike Janda (AvalonBay Communities), applicant representative Spencer Kallick (Allen Matkins), applicant representative Dennis Vaccaro (ValueRock), and consultant Ken Hira (Kosmont Companies) provided additional information. Staff, applicant, and consultant responded to questions regarding building height, traffic mitigation measures, parking study, view analysis, local rental market, marketing efforts, projected number of residents, property tax revenue, public benefit payments, pedestrian and bicyclist safety, school impacts, security, development amenities, ingress and egress, and seismic safety. Mayor Munzing opened for public comment and the following persons provided comment:

1. Dan Burgner expressed support for the project.

2. Amber Leonard expressed opposition to the project.

3. Tom Merritt expressed opposition to the project.

4. Jeff Merritt expressed opposition to the project.

5. Andrea Manning, Buie Stoddard Group, expressed support for the project.

6. Evan Gordon expressed support for the project.

7. Dallin McKenzie expressed support for the project.

8. Brett Kaufmann expressed support for the project.

9. Nancy Conley expressed opposition to the project.

10. Elizabeth Hansburg expressed support for the project.

11. Stacy Stemen expressed support for the project.

12. Art Camoia expressed opposition to the project.

13. Rajani Maiatico expressed support for the project.

14. Rona Henry commented on affordable housing.

15. David Weber commented on affordable housing.

16. Ryan Allen expressed support for the project.

17. Jonathan Rosenzweig expressed support for the project.

Recommended Action: Conduct a public meeting to review the concept plans for a mixed- used project, consider public testimony, and provide general feedback to the Applicant.

No further action was taken.
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Special Meeting Minutes+
ADJOURNMENT: Mayor Munzing adjourned the meeting at 7:39 p.m. to the September 18, 2024 Regular Council Meeting.

Respectfully submitted: Approved by:
________________________ ________________________

LAUREN TORRES MIKE MUNZING

DEPUTY CITY CLERK MAYOR
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Regular Meeting Minutes

CITY OF ALISO VIEJO

CITY COUNCIL MINUTES

REGULAR MEETING
SEPTEMBER 18, 2024, 7:00 pm
Council Chambers, City Hall, 12 Journey
Aliso Viejo, California
CALL TO ORDER: Mayor Munzing called the Regular Meeting of the City Council of the City of Aliso Viejo to order at 7:46 p.m.

ROLL CALL
PRESENT: MAYOR MIKE MUNZING

MAYOR PRO TEM TIFFANY ACKLEY

COUNCILMEMBER ROSS CHUN

COUNCILMEMBER MAX DUNCAN
COUNCILMEMBER RICHARD W. HURT
ABSENT: NONE
STAFF PRESENT: MITZI ORTIZ, ACTING CITY MANAGER

SCOTT SMITH, CITY ATTORNEY

LAUREN TORRES, DEPUTY CITY CLERK

SHAUN PELLETIER, PUBLIC WORKS DIRECTOR

SO KIM, COMMUNITY DEVELOPMENT DIRECTOR

LIZZY MENDOZA, RECREATION & COMMUNITY SERVICES MANAGER

ISAAC AZIZ, INFORMATION TECHNOLOGY MANAGER
CAPT. ALAN VILLANUEVA, CHIEF OF POLICE SERVICES
PLEDGE OF ALLEGIANCE: Anand Rao led the pledge of allegiance.

REPORT FROM CLOSED SESSION:

City Attorney Scott Smith stated no reportable action was taken.

1. SPECIAL PRESENTATIONS:

1.1 PROCLAMATION - SERVICE CLUBS MONTH
Mayor Munzing presented the proclamation to Aliso Viejo Kiwanis Club President Meredith Drews. Ms. Drews expressed her appreciation and commented on the importance of the designation.
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Regular Meeting Minutes

1.2 BUSINESS OF THE MONTH - GRACIE BARRA ALISO VIEJO
Mayor Munzing introduced the video and presented the certificate of recognition to Owner Diogo Maltarollo. Mr. Maltarollo expressed his appreciation.

2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:

None.

3. COMMUNITY INPUT:

1. Nancy Conley expressed concern with election campaign signs within the community.

4. CONSENT CALENDAR:

Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.

Motion: Mayor Pro Tem Ackley moved and Councilmember Chun seconded to approve the recommended actions. Motion carried 5-0.

4.2 APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the September 4, 2024 Special Meeting, the September 4, 2024 Regular Meeting, and the September 11, 2024 Special Meeting

4.3 SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING SECTION

15.14.080 PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS
Recommended Action: Conduct a second reading and adopt Ordinance No. 2024- 243 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO AMENDING SECTION 15.14.080 OF THE ALISO VIEJO MUNICIPAL CODE

RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.
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4.4 ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued between August 16, 2024, and August 29, 2024, in the amount of $369,195.66.

4.5 TREASURER’S STATEMENT – JULY 2024
Recommended Action: Receive and file the July 2024 Treasurer’s Statement.

4.6 ADOPTION OF THE 2023-2024 CONSOLIDATED ANNUAL PERFORMANCE AND

EVALUATION REPORT (CAPER) FOR EXPENDITURES OF COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
Recommended Action:

1. Find that the 2023-2024 Consolidated Annual Performance and Evaluation Report (CAPER) is not subject to the California Environmental Quality Act (CEQA) because the activity is not a project as defined in Section 15378 (b)(5) of the State CEQA Guidelines;

2. Approve and adopt the 2023-2024 CAPER; and

3. Authorize the City Manager to submit the CAPER to the United States Department of Housing and Urban Development (HUD) and authorize the City Manager to submit all related documents.

4.7 PURCHASE AND REPLACE PROJECTORS AT THE ALISO VIEJO CENTER Recommended Action:

1. Approve and authorize the City Manager to execute a Professional Services Agreement with Western Audio Visual for the replacement of three projectors at the Aliso Viejo Center for an amount not to exceed $28,000; and

2. Appropriate $28,000 to the fiscal year 2024-25 Capital Improvement Plan.

5. PUBLIC HEARINGS:

5.1 TRAFFIC VIOLATOR APPREHENSION PROGRAM FEE (TVAP)
Acting City Manager Mitzi Ortiz provided an overview. Mayor Munzing opened the public hearing. There were no speakers. Mayor Munzing closed the public hearing.

Recommended Action:

1. Open and conduct a public hearing;

2. Declare that the project is exempt from the provisions of California Environmental Quality Act (“CEQA”) 21080(b)(8) of the Public Resources Code and Section 157273 of the CEQA Guidelines as the establishment of modification of rates, fees, and charges, which are for the purpose of meeting operating expenses, including employee wage rates and fringe benefits, purchasing or leasing supplies, equipment or materials as set forth herein; and
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Regular Meeting Minutes

3. Adopt Resolution No. 2024-26 authorizing the Orange County Sheriff's Department to collect its updated fee for the traffic violator apprehension program in the City.

Motion: Mayor Pro Tem Ackley moved and Councilmember Duncan seconded to approve the recommended actions. Motion carried 5-0.

6. DISCUSSION:

6.1 AQUATIC CENTER POOL DECK SURFACE REHABILITAITON OPTIONS Acting City Manager Mitzi Ortiz introduced Public Works Director Shaun Pelletier, who provided an overview. Staff responded to questions regarding slip resistance and color options.

Recommended Action:

1. Receive staff presentation and provide direction on the pool deck surface rehabilitation method; and

2. Authorize staff to solicit bids for the recommended surface rehabilitation method.

Motion: Councilmember Chun moved and Councilmember Hurt seconded to approve the recommended actions. Motion carried 5-0.

6.2 STREET MAINTENANCE – PAVEMENT STRIPING
Acting City Manager Mitzi Ortiz introduced Public Works Director Shaun Pelletier, who provided an overview. Staff responded to questions regarding potential bike lane improvements, street maintenance software, contractor scheduling, street condition assessments, and road structure. Councilmembers commented on the matter.

Recommended Action: Receive staff report.

Action: Mayor Pro Tem Ackley obtained consensus to direct staff to prepare a report on the condition of the roads and projected lifespan.

6.3 EMPLOYEE MONTHLY HEALTH BENEFIT ALLOWANCE
Acting City Manager Mitzi Ortiz provided an overview. Staff responded to questions regarding the impact on staff.

Recommended Action: Adopt Resolution No. 2024-27 approving an increase to the employee health benefit allowance for Plan Year 2025.

Motion: Mayor Pro Tem Ackley moved and Councilmember Chun seconded to approve the recommended actions. Motion carried 5-0.
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6.4 CITY SPONSORSHIP OF ORANGE COUNTY ANNUAL SENIOR SUMMIT EVENT

AT ALISO VIEJO RANCH
Acting City Manager Mitzi Ortiz introduced Recreation and Community Services Manager Lizzy Mendoza, who provided an overview. Staff responded to questions regarding the City’s potential participation and event details.

Recommended Action: Consider City sponsorship of the Orange County Annual Senior Summit event at Aliso Viejo Ranch held by Fifth District Supervisor Katrina Foley and Cal Optima.

Motion: Councilmember Chun moved and Mayor Pro Tem Ackley seconded to approve participating in the Orange County Annual Senior Summit by staffing a booth.

Motion carried 5-0.

6.5 LETTER OF OPPOSITION – CALIFORNIA DEPARTMENT OF MOTOR VEHICLES

LAGUNA HILLS OFFICE CLOSURE
Acting City Manager Mitzi Ortiz provided an overview. Councilmembers commented on the matter.

Recommended Action: Consider directing staff to send a letter in opposition to the closure of the California Department of Motor Vehicles (DMV) Laguna Hills office.

Motion: Councilmember Duncan moved and Councilmember Chun seconded to approve the recommended actions. Motion carried 5-0.

7. CITY MANAGER' S REPORT:

Acting City Manager Mitzi Ortiz expressed appreciation to the American Red Cross Blood Drive donors; announced the Aliso Viejo Trails and Creek Cleanup event to be held from 8:00 a.m. to 11 a.m. on September 21, 2024; and registration for fall recreation classes.

8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:

Councilmember Hurt:
 Attended TCA Environmental Committee Meeting
 Attended TCA Finance & Investment Committee Meeting
 Attended TCA Board of Directors Meeting
 Attended TCA Toll Operations Committee Meeting
 Announced upcoming Mosquito and Vector Control District Meeting Councilmember Chun:
 Attended Southern California Edison Government Advisory Panel  Attended OCFA Budget and Finance Committee Meeting
 Attended OCFA Day of Remembrance Ceremony
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 Commented on the Airport Fire
 Attended Aliso Viejo Chamber of Commerce Networking Breakfast  Attended Aliso Niguel High School Yard Sale Fundraiser  Attended Mission Viejo Animal Services 30th Anniversary Celebration  Attended Aliso Viejo Furry Friends Pet Fair
 Attended SCAG Transportation Committee Meeting
 Attended Orange County Service Fair
 Attended Indian cultural event and dance recital
 Attended community town hall meetings
 Participated in Capistrano Unified School District Scavenger Hunt Councilmember Duncan:
 Commented on community engagement
 Commented on closure of the Laguna Hills DMV field office Mayor Pro Tem Ackley:
 Attended OCFA Day of Remembrance Ceremony
 Participated in Capistrano Unified School District Scavenger Hunt Mayor Munzing:
 Attended Troop 700 Eagle Scout Court of Honor
 Commented on personal health

9. ADJOURNMENT: Mayor Munzing adjourned the meeting at 9:04 p.m. to the regularly scheduled City Council meeting of October 2, 2024.

Respectfully submitted: Approved by:
________________________ ________________________

LAUREN TORRES MIKE MUNZING

DEPUTY CITY CLERK MAYOR
13 City of Aliso Viejo

AGENDA ITEM
DATE: October 2, 2024
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services

SUBJECT: ACCOUNTS PAYABLE
Recommended Action:

Ratify accounts payable checks and electronic funds transfers issued between August 30, 2024, and September 12, 2024, in the amount of $1,265,220.03.

Fiscal Impact:

Expenditures in the amount of $1,265,220.03.

Background:

The City issues accounts payable checks on a bi-weekly basis and presents it to City Council for ratification at its next regularly scheduled City Council meeting.

Discussion:

The attached registers containing checks and electronic funds transfers issued between August 30, 2024, and September 12, 2024, for $1,265,220.03, is being presented for ratification. All payments have been made in compliance with the City’s purchasing policy and procedures. Payments have been reviewed and approved by the appropriate departmental staff. The issued accounts payable checks and electronic funds transfers have been reviewed and deemed in accordance with the fiscal year budget by the Director of Financial Services.

Attachment:

1. Accounts Payable Report
14 Accounts Payable
Description (Item)Vendor Name Amount
101 - GENERAL FUND
CD-2024-00055_26711 ALISO CREEK RD_PARADISE CONSTPARADISE CONSTRUCTION INC 750.00 CD-2024-00056_29 BRIARGLENN_CERTIFIED 1 ROOFING COCERTIFIED 1 ROOFING CO 500.00 1,250.00

CITY MANAGER
AUG'24 ACM TOLL ROAD REIMBURSEMENTMITZI ORTIZ 113.43
CITY MANAGER TOTAL: 113.43

ECONOMIC DEVELOPMENT
JUL'24-BUS OF MONTH_TRATTORIA TRULLOERIC WINTER 799.00
AUG'24 BOM PURE ESS BEAUTY & SEP'24 GRACIE BARRAERIC WINTER 1,598.00 ECONOMIC DEVELOPMENT TOTAL: 2,397.00

HUMAN RESOURCES
AUG'24-CL/CG SECURE LIVE SCAN FEESCHARLES C STILL 134.00 PC 8/02 BRUEGGER'S BAGELS - STAFF APPRECIATIONUS BANK PURCHASING CARD PROGRAM 62.47 HUMAN RESOURCES TOTAL: 196.47

CITY CLERK
AE 8/06 CITY AV - TEST TRANSACTION CANDIDATE STMTUS BANK PURCHASING CARD PROGRAM 560.00 ANNUAL FEES/WEB UPDS & ENHNCMTS/DOC HOSTINGICC GENERAL CODE, INC 1,040.00 AVMC-WEB UPDATE/10PGS ORDS2024-237 UPDATEICC GENERAL CODE, INC 193.50 AVMC-WEB UPDATE/19PGS ORDS2024-237&240 REF UPDATEICC GENERAL CODE, INC 463.40 CITY CLERK TOTAL: 2,256.90

FINANCE
AE 8/06 CITY AV - TEST TRANSACTION CREDIT CARD FEEUS BANK PURCHASING CARD PROGRAM 16.80 FINANCE TOTAL: 16.80

INFORMATION TECHNOLOGY
SEP'24 ACCT#0202 CH CABLE TVCOX COMMUNICATIONS, INC 184.97 SEP'24 ACCT#8802 CH INTERNET - FIBER (600MB)COX COMMUNICATIONS, INC 1,500.00 SEP'24 ACCT#9302 LAB INTERNETCOX COMMUNICATIONS, INC 85.39 AUG'24 ENERGOV ELM AND ASSET MGT SERVICESGO LIVE TECHNOLOGY INC 450.00 SEP'24 CH GOTO VOIP SERVICE & SUPPORTGOTO COMMUNICATIONS 1,996.68 SEP'24 OFFSITE BACKUP STORAGELUNAVI, INC 604.25
INFORMATION TECHNOLOGY TOTAL: 4,821.29

NON-DEPARTMENTAL
SEP'24 - RECORDS OFF SITE STORAGECERTIFIED RECORDS MANAGEMENT 518.43 AUG'24 RICOH C5300S - COPY ROOM LEASE - PRINCIPALRICOH USA 611.24 AUG'24 RICOH C5300S-COPY ROOM LEASE(262)-INTERESTRICOH USA 82.96 BUS CARDS - J. LOPEZIPROMOTEU.COM INC 47.36
JUN-AUG'24 RICOH C5300S COPY ROOM PRINTS (2624)RICOH USA 285.53 AUG'24 RICOH 2504EX FRONT COUNTER PRINTS (4456)RICOH USA 68.29 SEP'24 RICOH RSI CLOUD SUBSCRIPTION (SW1860708)RICOH USA 23.15 AE 8/14HARBOR STATION HOA DUES-89 PLAYA JUL-AUG'24US BANK PURCHASING CARD PROGRAM 401.13 AUG'24 ACCT#2427 89 PLAYA CIR ELECTRICITYSO CAL EDISON 46.74 EM 8/20 BLISS CW - F150 CAR WASHUS BANK PURCHASING CARD PROGRAM 35.00 ACCT#64101 VISTA WATER SVCMOULTON NIGUEL WATER DIST 1,374.58 SEP'24 -JUN'25 89 PLAYA CIR HOA FEESGLENWOOD MAINTENANCE CORPORATION 1,540.00 SEP'24-JUN'25 35 PLAYA CIR HOA FEESGLENWOOD MAINTENANCE CORPORATION 1,582.36 NON-DEPARTMENTAL TOTAL: 6,616.77
C. S. ADMINISTRATION
AUG'24 AMAZON - KATHFLY CHRISTMAS GLOWSTICKSAMAZON CAPITAL SERVICES INC 387.81 AUG'24 AMAZON - MINI CANDY CANE ORDER 500 RETURNAMAZON CAPITAL SERVICES INC (52.98) AUG'24 AMAZON - LILO & STITCH MOVIEAMAZON CAPITAL SERVICES INC 32.31 AUG'24 AMAZON - MEOOECK CHRISTMAS GLOWSTICKSAMAZON CAPITAL SERVICES INC 531.36 AUG'24 AMAZON - BUBBLE WANDSAMAZON CAPITAL SERVICES INC 32.31 AUG'24 AMAZON - 24 PACK POST-IT NOTESAMAZON CAPITAL SERVICES INC 20.46 AUG'24 AMAZON - IPHONE CHARGER 3 PACKAMAZON CAPITAL SERVICES INC 10.76 15 Description (Item)Vendor Name Amount
AUG'24 AMAZON - WALL CHARGER 3 PACKAMAZON CAPITAL SERVICES INC 9.58 12/05 TREE LIGHTING EVENT INSURANCEALLIANT INSURANCE SERVICES INC 903.00 8/16/24 CITY OF AV MOVIE NIGHT - AVMS FACILITYFACILITRON, INC. 512.93 JB 8/06 EVENT BRITE - HEALTH FAIR ADUS BANK PURCHASING CARD PROGRAM 24.00 JB 8/21 SPRINKLES - END OF SUMMER MEETINGUS BANK PURCHASING CARD PROGRAM 63.00 JB 8/06 CPRS DIST10-SUMMER BROCHURE EXCHANGE MTGUS BANK PURCHASING CARD PROGRAM 21.00 JB 7/30 FUNEXPRESS CWC EVENT CRAFTSUS BANK PURCHASING CARD PROGRAM 177.50 JB 8/16 DOMINO'S - SUMMER MOVIE NIGHTUS BANK PURCHASING CARD PROGRAM 25.83 JB 8/20 SMART AND FINAL - PET FAIR SUPPLIESUS BANK PURCHASING CARD PROGRAM 10.76 JB 7/30 FUNEXPRESS TL CRAFTSUS BANK PURCHASING CARD PROGRAM 1,754.76 JB 8/20 SAMSCLUB -TREE LIGHTING ARCH DECORUS BANK PURCHASING CARD PROGRAM 264.32 JB 7/22 RALPHS - SUPPLIESUS BANK PURCHASING CARD PROGRAM 10.44 JB 8/20 TARGET - STORAGE BINSUS BANK PURCHASING CARD PROGRAM 105.90 JNL8/19 PKG ONLINE - SUMMER WRAP UP STAFF MTGUS BANK PURCHASING CARD PROGRAM 285.51 JNL 7/26 EVENTBRITE - EVENT PROMOUS BANK PURCHASING CARD PROGRAM 24.00 JNL 8/10 WALMART - XLR TO AUX CORDUS BANK PURCHASING CARD PROGRAM 13.32 JNL 7/28 RALPHS - ICE PICKUPUS BANK PURCHASING CARD PROGRAM 7.54 JNL 8/15 RALPHS - ICE PICKUPUS BANK PURCHASING CARD PROGRAM 7.54 C. S. ADMINISTRATION TOTAL: 5,182.96

IGLESIA PARK
AUG'24 PVM IGLESIA PARK MAINTENANCEPV MAINTENANCE INC 1,276.44 AUG'24 MTR #4114 IGLESIA PARK WATEREL TORO WATER DISTRICT 1,058.32 AUG'24 MTR#3499 IGLESIA PARK WATEREL TORO WATER DISTRICT 1,225.30 IGLESIA PARK TOTAL: 3,560.06

IGLESIA BUILDING
AUG'24 IGLESIA JANITORIAL SERVICESTEAM ONE MANAGEMENT SERVICES 950.00 AUG'24 MTR#5016 IGLESIA PARK BLDG WATEREL TORO WATER DISTRICT 273.47 IGLESIA BUILDING TOTAL: 1,223.47

PLANNING
AUG'24 AFFORD. HOUSING CONSULTANT SERVICESREBECCA J CAHA 3,075.00 PLANNING TOTAL: 3,075.00

BUILDING
JUL'24 CAA CONTRACT SERVICES - BUILDINGCHARLES ABBOTT ASSOC INC 42,670.59 AUG'24 CAA CONTRACT SERVICES - BUILDINGCHARLES ABBOTT ASSOC INC 58,334.04 BUILDING TOTAL: 101,004.63

CODE ENFORCEMENT
JUL'24 CAA CONTRACT SERVICES - CODE ENFORCEMENTCHARLES ABBOTT ASSOC INC 8,500.00 AUG'24 CAA CONTRACT SERVICES - CODE ENFORCEMENTCHARLES ABBOTT ASSOC INC 6,800.00 CODE ENFORCEMENT TOTAL: 15,300.00

ENGINEERING (GENERAL)
SEP'24 PVM WAREHOUSE LEASEPV MAINTENANCE INC 1,035.00
SEP'24 MURCAL IOT SMARTCOMMAND MONITORING SERVICEMURPHY SWITCH OF CA 450.00 ENGINEERING (GENERAL) TOTAL: 1,485.00

STREET MAINTENANCE
AUG'24 PVM STREET MAINTENANCE MOE TAXPV MAINTENANCE INC 36,070.59 AUG'24 PVM STREET MAINTENANCE - CRACK SEALPV MAINTENANCE INC 26,914.50 EM 8/12 THE HOME DEPOT-FLASHING BEACON LT REPAIRUS BANK PURCHASING CARD PROGRAM 30.08 EM 7/23 THE HOME DEPOT-CB STREET STENCILING MATLSUS BANK PURCHASING CARD PROGRAM 73.05 STREET MAINTENANCE TOTAL: 63,088.22

LAW ENFORCEMENT-CONTRACT
SEP'24 LAW ENFORCEMENT/BODY CAMERAS/IN CAR VIDEOCOUNTY OF ORANGE 892,517.60 LAW ENFORCEMENT-CONTRACT TOTAL: 892,517.60

LAW ENFORCEMENT-OTHER
SEP'24 BMW REPAIR - FLAT TIRESEAVCO INC 479.89
REPAIR TO PATROL MOTORCYCLE VIN#1944 -25269OC HARLEY DAVIDSON 539.31 REPAIR TO PATROL MOTORCYCLE VIN#1944 -33864OC HARLEY DAVIDSON 557.97 REPAIR TO PATROL MOTORCYCLE VIN#1944 -31273OC HARLEY DAVIDSON 1,263.16 REPAIR TO PATROL MOTORCYCLE VIN#1944 -26794OC HARLEY DAVIDSON 2,565.14 REPAIR TO PATROL MOTORCYCLE VIN#1944 -30992OC HARLEY DAVIDSON 1,103.50 8/18-8/31/24 414 HRS - CROSSING GUARD SERVICEALL CITY MANAGEMENT SERVICES 13,877.28 RD 8/02 THE TOLL ROADSUS BANK PURCHASING CARD PROGRAM 575.00 RD 7/31 THE HOME DEPOT - GENERATOR - EMER EVENTUS BANK PURCHASING CARD PROGRAM 115.24 16 Description (Item)Vendor Name Amount
RD 8/15 JM TROPHIES - PLAQUE FOR DEPUTY LAZAUS BANK PURCHASING CARD PROGRAM 43.04 RD 7/23 TARGET - PLASTIC STORAGE SUPPLY BINSUS BANK PURCHASING CARD PROGRAM 40.41 RD 7/23 RALPHS - ANT SPRAY FOR PATROL VEHICLESUS BANK PURCHASING CARD PROGRAM 15.06 RD 7/23 PAYPAL-JR DEPUTY BADGE STICKERS QTY 10000US BANK PURCHASING CARD PROGRAM 761.95 LAW ENFORCEMENT-OTHER TOTAL: 21,936.95
EOC
AUG'24 EOC OFFICE SUPPLIESSTAPLES ADVANTAGE 23.63
EOC TOTAL: 23.63
GENERAL FUND TOTAL: 1,126,066.18
102 - GEN. FD-CITY HALL

NON-DEPARTMENTAL
AUG'24 CH JANITORIAL SERVICESTEAM ONE MANAGEMENT SERVICES 2,700.00 AUG'24 CH INTERIOR PLANT MAINTENANCEFOSTERS' GARDENS INC 115.00 7/30/24-8/29/24 MTR#16122180 CH GAS SVCTHE GAS COMPANY 93.04 AUG'24 ACCT#7189 CH ELECTRICITYSO CAL EDISON 9,996.97
EM 7/26 THE HOME DEPOT-CH CARPET MATERIALS REPAIRSUS BANK PURCHASING CARD PROGRAM 112.90 KB 7/30 THE HOME DEPOT- CH WHITE BOARD HARDWAREUS BANK PURCHASING CARD PROGRAM 58.89 ACCT#65408/65407/65406 CH WATER SVCMOULTON NIGUEL WATER DIST 658.77 NON-DEPARTMENTAL TOTAL: 13,735.57
GEN. FD-CITY HALL TOTAL: 13,735.57
103 - GF-AV RECREATION SERVICES
TRANSFER ADMIN FEE FAL002_CHARLES AQUINOCHARLES AQUINO 5.00 TRANSFER ADMIN FEE FAL004_CHARLES AQUINOCHARLES AQUINO (5.00) TRANSFER REGISTRATION FAL002_CHARLES AQUINOCHARLES AQUINO 334.00 TRANSFER REGISTRATION FAL004_CHARLES AQUINOCHARLES AQUINO (314.00) SEP'24 REC1 USER CREDIT - CHANDRA PETELINCHANDRA PETELIN 192.00 SEP'24 REC1 USER CREDIT - ALEXANDER KUOALEXANDER KUO 136.00 SEP'24 REC1 USER CREDIT - CARIN ABRAMSCARIN ABRAMS 53.00 SEP'24 REC1 USER CREDIT- RAQUEL SCARDINA - FAL018RAQUEL SCARDINA 5.00 SEP'24 REC1 USER CREDIT- RAQUEL SCARDINA - FAL018RAQUEL SCARDINA 188.00 SEP'24 REC1 USER CREDIT- RAQUEL SCARDINA - FAL127RAQUEL SCARDINA 5.00 SEP'24 REC1 USER CREDIT- RAQUEL SCARDINA - FAL127RAQUEL SCARDINA 188.00 787.00

RECREATION SERVICES
AUG'24 CREDIT CARD SERVICE FEES- POSCSG FORTE PAYMENTS, INC 1,446.72 AUG'24 CREDIT CARD SERVICE FEES - WEBCSG FORTE PAYMENTS, INC 1,231.27 8/03 AVR LINEN DRY CLEANINGPRESTIGIOUS CLEANERS LLC 353.81 8/03 AVR LINEN DRY CLEANINGPRESTIGIOUS CLEANERS LLC 13.61 8/21 AVR LINEN DRY CLEANINGPRESTIGIOUS CLEANERS LLC 68.04 8/26 AVR LINEN DRY CLEANINGPRESTIGIOUS CLEANERS LLC 394.63 8/25 AVR LINEN DRY CLEANINGPRESTIGIOUS CLEANERS LLC 462.67 SEP'24 AVR - CASH COURIER SERVICEGARDAWORLD 448.52
AUG'24 AMAZON - DOUBLE BURRITO REPLACEMENT PACKAMAZON CAPITAL SERVICES INC 10.74 AUG'24 AMAZON - SWIFFER WET JETAMAZON CAPITAL SERVICES INC 30.43 8/28 AVR BOTTLED WATER SERVICEDS SERVICES OF AMERICA, INC 146.46 AUG'24 AVR EVENT SECURITY SERVICESLYONS SECURITY SERVICE IN 4,284.00 AUG'24 GCF SECURITY SERVICESLYONS SECURITY SERVICE IN 1,055.25 AUG'24 AVR INTERIOR PLANT MAINTENANCEFOSTERS' GARDENS INC 110.00 7/22/24-7/26/24 WEEK8 AVMS ANIME FACILITYFACILITRON, INC. 66.95 7/08/24-8/02/24 WK6-9 AVMS BLACKTOPFACILITRON, INC. 359.20 AUG'24 RCS OFFICE SUPPLIESSTAPLES ADVANTAGE 35.22
6/09/24-7/28/24 TENNIS FACILITY USEFACILITRON, INC. 76.08 7/08/24-7/12/24 WEEK7-8 AVMS FIELD FACILITYFACILITRON, INC. 2,890.00 7/15/24-7/18/24 WEEK 7 ANHS TENNIS FACILITYFACILITRON, INC. 117.64 JUL'24 AVR JANITORIAL SUPPLIESBRADY INDUSTRIES OF CALIFORNIA LLC 93.67 JUL'24 AVR JANITORIAL SUPPLIESBRADY INDUSTRIES OF CALIFORNIA LLC 76.16 JUL'24 QUARTERLY AQUAPONICS MAINTENANCE - FARMHASA INC 440.00 AUG'24 ACCT#4551 FARM ELECTRICITYSO CAL EDISON 533.42
AUG'24 ACCT#6247 AVR ELECTRICITYSO CAL EDISON 4,606.85
6/22/24-8/17/24 SKYHAWKS MULTISPORT FACILITY USEFACILITRON, INC. 53.92 7/08/24-7/12/24 WEEK 5-6 AVMS FIELD FACILITYFACILITRON, INC. 359.55 17 Description (Item)Vendor Name Amount
EM 8/22 GRAMMARLY SUBSCRIPTIONUS BANK PURCHASING CARD PROGRAM 139.95 7/01/24-07/05/24 WEEK5 AVMS CHEMKIDZ FACILITYFACILITRON, INC. 119.48 7/29/24-8/09/24 WEEK9-10 AVMS FIELD FACILITYFACILITRON, INC. 852.60 7/08/24-8/02/24 WEEK6-9 AVMS CULINARY FACILITYFACILITRON, INC. 1,287.40 SEP'24 AVR GOTO VOIP SERVICE & SUPPORTGOTO COMMUNICATIONS 665.31 JB 7/31 SUBWAY - CDC WK 9US BANK PURCHASING CARD PROGRAM 39.19 JB 8/01 SUBWAY CDC WK 9 ADDITIONAL SANDWICHUS BANK PURCHASING CARD PROGRAM 6.99 JB 8/14 SUBWAY - CDC WK 11US BANK PURCHASING CARD PROGRAM 34.95 JB 8/07 SUBWAY - CDC WK 10US BANK PURCHASING CARD PROGRAM 34.95 JB 7/24 SUBWAY - CDC WK 8US BANK PURCHASING CARD PROGRAM 34.95 JB 7/25 DISNEYLAND EXCURSION PARKINGUS BANK PURCHASING CARD PROGRAM 45.00 JNL 8/19 CANVA SUBSCRIPTIONUS BANK PURCHASING CARD PROGRAM 119.40 JNL 8/01 AQUARIUM OF THE PACIFIC - DAY CAMPUS BANK PURCHASING CARD PROGRAM 982.00 JNL 8/15 IRVINE LANES - DAY CAMP BOWLINGUS BANK PURCHASING CARD PROGRAM 576.00 KB 7/31 THE HOME DEPOT - AVR DOLLY REPAIRUS BANK PURCHASING CARD PROGRAM 27.16 KB 8/07 THE HOME DEPOT - AVR DOOR REPAIRUS BANK PURCHASING CARD PROGRAM 59.56 KB 7/31 JMAC SUPPLY - AVR DOOR PARTSUS BANK PURCHASING CARD PROGRAM 230.33 8/05/24-8/09/24 WK10 AVMS BLACKTOP FACILITYFACILITRON, INC. 67.35 ACCT#105234/104936/104935/104986 RANCH WATER SVCMOULTON NIGUEL WATER DIST 1,595.17 ACCT#104515/104519 FARM WATER SVCMOULTON NIGUEL WATER DIST 390.86 7/15/24-7/26/24 WK7-9 AVMS ART/BIOCHEM FACILITYFACILITRON, INC. 298.70 7/01/24-7/12/24 WK5-6 AVMS INVENT/LEGO FACILITYFACILITRON, INC. 1,542.42 7/05/24-8/05/24 SETUP AVMS CULINARY FACILITYFACILITRON, INC. 16.48 7/01/24-07/05/24 WEEK5 AVMS BIONERDS FACILITYFACILITRON, INC. 119.48 7/08/24-7/11/24 WEEK 6 ANHS TENNIS FACILITYFACILITRON, INC. 117.64 RECREATION SERVICES TOTAL: 29,168.13
GF-AV RECREATION SERVICES TOTAL: 29,955.13
203 - GAS TAX

STREET MAINTENANCE
AUG'24 PVM STREET MAINTENANCE GAS TAXPV MAINTENANCE INC 44,086.27 AUG'24 DATATBASE MAINT + 44 TICKETSUNDERGROUND SERVICE ALERT OF SOUTHERN CA 91.40 AUG'24 MTR#5675 CALLE CORTEZ MEDIAN WATEREL TORO WATER DISTRICT 126.90 AUG'24 ACCT#6377 LS2 ST LIGHTS ELECTRICITYSO CAL EDISON 1,309.23 AUG'24 ACCT#7241 LS1 ST LIGHTS ELECTRICITYSO CAL EDISON 17,606.46 AUG'24 ACCT#8254 TC1 ST LIGHTS ELECTRICITYSO CAL EDISON 4,025.79 ACCT#64613/64615/65346 MEDIANS WATER SVCMOULTON NIGUEL WATER DIST 843.99 STREET MAINTENANCE TOTAL: 68,090.04
GAS TAX TOTAL: 68,090.04
215 - PUBLIC SAFETY GRANTS

LAW ENFORCEMENT-OTHER
SEP'24 E CITATION/MDC EQUIPMENTCOUNTY OF ORANGE 6,120.27 LAW ENFORCEMENT-OTHER TOTAL: 6,120.27
PUBLIC SAFETY GRANTS TOTAL: 6,120.27
241 - TECHNOLOGY FUND

GEN-TECHNOLOGY GRANTS
JUL'24-CC MTG 7/17 & ADMINERIC WINTER 486.25
AUG'24-CC MTGS 8/7&21_SPRTSZONE1_ADMINERIC WINTER 1,028.85 GEN-TECHNOLOGY GRANTS TOTAL: 1,515.10
TECHNOLOGY FUND TOTAL: 1,515.10
261 - CITY FAC.-AQUATIC CENTER
SEP'24 AQC RETENTION FEESPREMIER AQUATIC SERVICES (1,208.30) -1,208.30

GEN-AQUATIC CENTER
SEP'24 ACCT#6701 AQC INTERNETCOX COMMUNICATIONS, INC 509.84 AUG'24 PVM AQC MAINTENANCEPV MAINTENANCE INC 1,713.15
SEP'24 AQC - CASH COURIER SERVICEGARDAWORLD 511.45
SEP'24 AQC MANAGEMENT FEESPREMIER AQUATIC SERVICES 12,083.00 BECS CONTROLLERS RESET CODES - AQCAQUATIC TECHNOLOGIES, INC 388.00 18 Description (Item)Vendor Name Amount
AUG'24 AQC - JANITORIAL SERVICESTEAM ONE MANAGEMENT SERVICES 2,100.00 AUG'24 AQC POOL CHEMICALS - ACIDHASA INC 133.48
7/31/24-8/30/24 MTR#15672349 AQC GAS SVCTHE GAS COMPANY 757.93 7/01/24-8/08/24 PREMIER WATERPOLO - POOL USEFACILITRON, INC. 2,233.30 KB 8/13 THE HOME DEPOT- AQC PLUMBING SHOWER REPAIRUS BANK PURCHASING CARD PROGRAM 40.62 ACCT#64095/64096 AQC WATER SVCMOULTON NIGUEL WATER DIST 475.27 GEN-AQUATIC CENTER TOTAL: 20,946.04
CITY FAC.-AQUATIC CENTER TOTAL: 19,737.74
GRAND TOTAL: 1,265,220.03
Fund Summary
Payment AmountFund Expense Amount
101 - GENERAL FUND 1,126,066.181,126,066.18
102 - GEN. FD-CITY HALL 13,735.5713,735.57
103 - GF-AV RECREATION SERVICES 29,955.1329,955.13
203 - GAS TAX 68,090.0468,090.04
215 - PUBLIC SAFETY GRANTS 6,120.276,120.27
241 - TECHNOLOGY FUND 1,515.101,515.10
261 - CITY FAC.-AQUATIC CENTER 19,737.7419,737.74
1,265,220.03Grand Total: 1,265,220.03
19 Accounts Payable Payable Dates: 08/30/2024 - 09/12/2024 9/12/2024 12:32:49 PM Page 6 of 7
Report Summary
Fund Summary
Payment AmountFund
101 - GENERAL FUND 1,126,066.18
102 - GEN. FD-CITY HALL 13,735.57
103 - GF-AV RECREATION SERVICES 29,955.13
203 - GAS TAX 68,090.04
215 - PUBLIC SAFETY GRANTS 6,120.27
241 - TECHNOLOGY FUND 1,515.10
261 - CITY FAC.-AQUATIC CENTER 19,737.74
1,265,220.03Grand Total:

Account Summary
Payment AmountAccount Number Account Name
101-2606-000 C & D DEPOSIT 1,250.00
101-4-1501-4225-000 VEHICLE/CELL 113.43
101-4-1502-4302-000 ECONOMIC DEVELOPM… 2,397.00
101-4-1503-4309-000 OTHER CONTRACTUAL S… 134.00
101-4-1503-4520-000 MTGS/CONF./TRNG & D… 62.47
101-4-1601-4525-000 ELECTION 560.00
101-4-1601-4734-000 CODIFICATION 1,696.90
101-4-2501-4305-000 TECHNOLOGY SERVICES 16.80
101-4-3101-4301-000 PROFESSIONAL SERVICES 450.00
101-4-3101-4305-000 TECHNOLOGY SERVICES 3,767.04
101-4-3101-4481-000 COMPUTER EXPENSE 604.25
101-4-3501-4421-000 EQUIPMENT RENTAL 285.53
101-4-3501-4422-000 EQUIP RENTAL LEASE - P… 611.24
101-4-3501-4431-000 BUILDING & GROUND M… 4,944.81
101-4-3501-4471-000 RENT 518.43
101-4-3501-4513-000 PRINTING 138.80
101-4-3501-4517-000 VEHICLE MAINTENANCE 35.00
101-4-3501-4542-000 INTEREST EXPENSE - LEA… 82.96
101-4-4101-4501-000 ADVERTISING & PROMO… 24.00
101-4-4101-4520-000 MTGS/CONF./TRNG & D… 369.51
101-4-4101-4522-000 INSURANCE EXPENSES 903.00
101-4-4101-4527-000 REC-CITY SPECIAL EVENTS 3,668.60
101-4-4101-4601-000 SUPPLIES 217.85
101-4-4102-4411-000 UTILITIES 2,283.62
101-4-4102-4431-000 BUILDING & GROUND M… 1,276.44
101-4-4103-4411-000 UTILITIES 273.47
101-4-4103-4431-000 BUILDING & GROUND M… 950.00
101-4-4401-4309-000 OTHER CONTRACTUAL S… 3,075.00
101-4-4402-4751-000 C.S-BUILDING 101,004.63
101-4-4403-4761-000 C.S-CODE ENFORCEMENT 15,300.00
101-4-4501-4471-000 RENT 1,035.00
101-4-4501-4701-000 NPDES 450.00
101-4-4503-4771-000 C.S-STREET MAINTENAN… 63,088.22
101-4-5101-4308-000 LAW ENFORCEMENT 892,517.60
101-4-5102-4516-000 FUEL 575.00
101-4-5102-4517-000 VEHICLE MAINTENANCE 6,508.97
101-4-5102-4612-000 OPERATING SUPPLIES 975.70
101-4-5102-4721-000 C.S-CROSSING GUARDS 13,877.28
101-4-5401-4601-000 SUPPLIES 23.63
102-4-3501-4411-000 UTILITIES 10,748.78
102-4-3501-4431-000 BUILDING & GROUND M… 2,986.79
103-2610-000 MISC. DEPOSITS PAYABLE 381.00
103-34150 OTHER INCOME 10.00
103-34161 CONTRACT CLASSES 396.00
103-4-4105-4305-000 TECHNOLOGY SERVICES 924.66
103-4-4105-4309-000 OTHER CONTRACTUAL S… 8,344.89
20 Accounts Payable Payable Dates: 08/30/2024 - 09/12/2024 9/12/2024 12:32:49 PM Page 7 of 7
Account Summary
Payment AmountAccount Number Account Name
103-4-4105-4411-000 UTILITIES 6,202.02
103-4-4105-4431-000 BUILDING & GROUND M… 4,880.88
103-4-4105-4451-000 FARM OPERATING EXPE… 2,419.53
103-4-4105-4561-000 TAXES/FEES/PERMITS 3,126.51
103-4-4105-4570-000 CITY CAMP EXPENSE 1,764.77
103-4-4105-4601-000 SUPPLIES 212.11
103-4-4105-4612-000 OPERATING SUPPLIES 1,292.76
203-4-4503-4411-000 UTILITIES 23,912.37
203-4-4503-4771-000 C.S-STREET MAINTENAN… 44,177.67
215-4-5102-4803-000 PUBLIC SAFETY EQUIPM… 6,120.27
241-4-6141-4309-000 OTHER CONTRACTUAL S… 1,515.10
261-2103-000 RETENTIONS PAYABLE -1,208.30
261-4-6161-7321-000 ANHS POOL RENTAL 2,233.30
261-4-6161-7401-000 EQUIPMENT MAINTENA… 388.00
261-4-6161-7411-000 UTILITIES 1,743.04
261-4-6161-7421-000 BUILDING & GROUND M… 3,853.77
261-4-6161-7425-000 POOL MAINTENANCE 133.48
261-4-6161-7445-000 FEES & PERMITS 511.45
261-4-6161-7451-000 MANAGEMENT FEES 12,083.00
Grand Total: 1,265,220.03
Project Account Summary
Payment AmountProject Account Key
**None** 1,251,322.10
1002SUMMERCAMP 8,214.89
1002SUMMERCLASS 130.00
9934527 3,788.27
9974570 1,764.77
Grand Total: 1,265,220.03
21 City of Aliso Viejo

AGENDA ITEM
DATE: October 2, 2024
TO: Mayor and City Council
FROM: Shaun Pelletier, Public Works Director / City Engineer SUBJECT: CONTRACT WITH GENESIS FLOOR COVERING, INC. FOR VISTA

PARK PLAYGROUND RUBBER PIP SAFETY SURFACING
______________________________________________________________________ Recommended Actions:

1. Approve Contract Documents for Vista Park Playground Rubber PIP Safety Surfacing Project;

2. Award a contract in the amount of $57,041 to Genesis Floor Covering, Inc. as the lowest responsible bidder for Vista Park Playground Rubber PIP Safety Surfacing Project;

3. Authorize the City Manager to execute a contract with Genesis Floor Covering, Inc;

4. Authorize City staff to make total compensation to Genesis Floor Covering, Inc. up to $57,041 plus $2,852 (5% of the contract amount) to allow for contingencies, totaling $59,893; and

Fiscal Impact:

Total fiscal impact will be approximately $59,893 including construction ($57,041) and contingency ($2,852). The adopted Fiscal Year 2024-25 Capital Improvement Plan (CIP) budget includes $60,000 for construction and contingency.

Background:

The City obtained 3 quotes for the project.

Contractor Base Bid

1. Genesis $57,041.00

2. Durasafe $60,558.15

3. SpectraTurf $90,478.00
22

Page 2 of 2 ends

City staff has reviewed the quote from Genesis Floor Covering and the quote appears to be responsive and complete.

This project is exempt from the CEQA process since it is maintaining existing facilities.

Discussion:

Playground surfacing plays an important part in playground safety by providing fall protection around playground equipment. Traditional surfacing is engineered wood chips, which are utilized currently at Vista Park and Iglesia Park. This type of surface must be reviewed regularly and raked to ensure it remains in place at proper depth and is typically replenished every 1-2 years as it becomes too low.

Vista Park Playground has historically had drainage problems. The playground is surrounded by a concrete barrier that contains wood chips. During heavy rain events the water is unable to drain over the barrier and the soil is too poor to naturally drain quickly.

This results in extended playground closures in winter months.

By installing a poured in place (PIP) rubber safety surface there is much less inspection required and lower annual costs since repairs are usually minimal. This type of surface will also be installed to drain properly, significantly reducing or eliminating playground closures due to flooding. Staff recommends approval of the recommended actions.

Attachments:

1. Contract with Genesis Floor Covering
23 60367.01100\33488405.1

- 1 -

CITY OF ALISO VIEJO

SHORT-FORM CONSTRUCTION CONTRACT

ALISO VIEJO VISTA PARK PLAYGROUND RUBBER PIP SAFETY SURFACING

1. PARTIES AND DATE.

This Contract is made and entere d into this _________ day of ____________, 20___ by and between the City of Aliso Vi ejo, a general law city organized under the laws of the State of California with its principal pl ace of business at 12 Journey, Suite 100, Aliso Viejo, CA, 92656 (“City”) and Genesis Floor Covering, INC., a Corporation with its principal place of business at 14101 Pontlavoy Ave., Santa Fe Springs, CA 90670 (“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 general law city organized under th e laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor de sires 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 experienced in providing similar services to public clients, that it and its employees or subc ontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City.

2.3 Project. City desires to engage Cont ractor to render such services for the Aliso Viejo Vista Park Playground Rubber PIP Safety Surfacing-Aliphatic (“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, insurance documents and other certifications as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Cont ract includes and hereby incorporates in full by reference the following documents, includi ng all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto (the “Contract Documents”):
 Exhibit A – Plans and Specifications,
 Exhibit B – Labor Code Certification,

 Change orders executed by the City
24 60367.01100\33488405.1

- 2 -

 Current Edition of the Sta ndard Specifications for Publ ic Works Construction (The Greenbook), Excluding Sections 1-9

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor pr omises 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 “Wo rk”), 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 we ll as the exhibits at tached hereto and in corporated herein by reference.

3.3 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 adva nce and in writing by a valid ch ange order executed by the City (“Change Order”).

3.4 Change Orders. Changes to the Contract Ti me or Total Contract Price shall be in the form of a written Change Order, either si gned by both parties or is sued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in w hole or in part by the Contractor. The City’s liability to Contractor for delays for which the City is responsib le shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. Failure to request a Change Order within seven (7) calenda r days of the condition giving rise to the potential change shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All re quests for Change Orde rs shall be accompan ied by detailed supporting documentation, including but not li mited to payroll records, i nvoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, th en the Total Contract Price shall be increased at the unit price. If ther e is no unit price, then the Total Contract Price shall be adjusted to account for costs actuall y incurred plus an allowed mark-up of fifteen percent (15%), which shall const itute the entire amount of profit, mark- ups, field or home office overhead costs, including personnel, equipment or of fice space, any materials, or any costs of equipment idle time for such work. Nothing here in shall prevent the Parties from agreeing to a lump sum cost.

3.5 Period of Performance and Liquidated Damages.

3.5.1 Contractor shall perform and complete all Work under this Contract within 30 calendar days , beginning the effective date of the No tice to Proceed (“Contract Time”).

Contractor shall perform its Work in stri ct accordance with any completion schedule, construction schedule or project milestones developed by the City. 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 de veloped pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Secti on 53069.85, it is agreed that the Contractor shall 25 60367.01100\33488405.1

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pay to the City as fixed and liquidated da mages, and not as a penalty, the sum of One Hundred (100.00) Dollars per day for each and every calendar day of delay beyond th e Contract Time, as such Contract Time may be adjusted pursuant to this Contract.

3.5.2 If Contractor is delayed in the perfo rmance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitl ed to a time extension, as provided herein, wh en the Work stopped is on the cr itical path a nd shall not be charged liquidated damages. Such a non-compensa ble adjustment shall be Contractor’s sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract.

3.5.3 A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of th e following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by government al authorities that are required for the work); (4) pandemics, epidemics or quarantine restricti ons; and (5) strikes and other organized labor action occurring at the project si te and the effects thereof on the work, only to the extent such strikes and other organized labor action ar e beyond the control of Contractor and its subcontractors, of every tier, a nd to the extent the effects thereof cannot be avoided by use of replacement workers. For purpo ses of this section, “orders of governmental authorities,” includes ordinances, emergency pr oclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

3.6 Compensation and Payment.

3.6.1 Contract Price. As consideration for performance of the Work required herein, City agrees to pay Contra ctor the Total Contract Price of Fifty-Seven Thousand and 41 Dollars ($57,041.00) (“Total Contract Price”) provided th at such amount shall be subject to adjustment pursuant to the applicable terms of th is Contract or written change orders approved and signed in advance by the City. Authorized extra work shall not exceed $2,852.

3.6.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arra nge for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is sc heduled 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 progr ess payment. These applications shall be supported by evidence which is required by this C ontract and such other documentation as the City may require. The Cont ractor shall certify that the Work for which payment is requested has been done and that the materials listed are stor ed 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 reque st, showing the quantities, unit prices, overhead, profit, and all other expenses i nvolved in order to provide a ba sis for determining the amount of progress payments.
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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. No progress payments will be made for Work not completed in accordance with this Contract.

3.6.3 Contract Retention. From each appr oved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retainage shall be released and paid to the Contractor and su bcontractors pursuant to California Public Contract Code Section 7107.

3.6.3.1 Substitutions for Contract Rete ntion. 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 the Contractor, s ecurities equivalent to the am ount 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 the Contractor as they come due. Upon satisfactory completion of the Cont ract, the securities shall be re turned to the Contractor. For purposes of this Section and S ection 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as re quired by law and provisions of this Contract.

The Contractor shall be the bene ficial owner of any securities substituted for m onies withheld and shall receive any interest thereon. The es crow agreement used for the purposes of this Section shall be in the form provided by the City.

3.6.4 Payment Withholding. In addition to Contract retenti on, the City may deduct from each progress payment an amount nece ssary to protect City from loss because of:
(1) liquidated damages which have accrued as of th e 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 payment notice s 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) unsatisfact ory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of the Contractor to maintain or submit on a timely basis proper and sufficient documentation as requir ed by the Contract or by City during the prosecution of the Work; (9 ) erroneous or false estimates by th e Contractor of the value of the Work performed; (10) any sums representing expe nses, losses, or damage s 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 term s 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 prog ress payment shall not constitute a waiver of the City’s right to such sums.

3.6.5 Payment to Subcontractors. Contract or shall pay all subcontractors for and on account of work performed by such subcont ractors in accordance with the terms of their respective subcontracts and as provided for in S ection 7108.5 of the Ca lifornia Business and Professions Code. Such payments to subcontra ctors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract. 27 60367.01100\33488405.1

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3.6.6 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 encumb rances. 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 clai m upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contract or from the responsibility to strictly comply with the Contract, and shall not re lieve Contractor of responsibility for any loss of or damage to items.

3.7 Control and Payment of Subordinates; Co ntractual Relationship. City retains Contractor on an independent c ontractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on be half of Contractor shall at all times be unde r Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such pe rsonnel in connection with their performance under this Contract and as require d by law. Contractor shall be responsible for all reports and obligations respecting such additi onal personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.8 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful an d 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 ma intains that it is skilled in the professional calling necessary to perform the Work. C ontractor warrants that all employees and subcontractors shall have sufficie nt 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 a City Business License , and that such licenses and approvals shall be maintained throughout the term of this Contract. As provide d for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expens e and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of car e provided for herein. Any employee who is determined by the City to be uncoope rative, 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 the Contractor and shall not be re-employed on the Work.

3.9 City’s Representative. The City hereby designates City 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 dir ection or orders from any person other than the City’s Representative or his or her designee.

3.10 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications an d experience of its proposed representative who shall be 28 60367.01100\33488405.1

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subject to the review and approval of the City (“Contractor’s Repres entative”). Following approval by the City, the Contract or’s Representative shall have fu ll authority to represent and act on behalf of the C ontractor for all purposes under th is Contract. The 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 Proj ect 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 supe rvision, acceptable to the Cit y, shall be made for emergency Work which may be required. Should Contract or desire to change its Contractor’s Representative, Contractor shall provide the in formation specified abov e and obtain the City’s written approval.

3.11 Completion of Work. When the 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. C ity 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 Wor k, Contractor may reques t a reinspection by the City. Once the Work is acceptable to City, City shall pay to Cont ractor 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.

3.12 Contract Interpretation. Should any question arise re garding the meaning or import of any of the provisions of this Contract or written or or al instructions from City, the matter shall be referred to City’s Repres entative, whose decision shall be binding upon Contractor.

3.13 Loss and Damage. Contractor shall be re sponsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the ac tion of the elements, or from any unforeseen diffi culties 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 “Acts of G od,” the City may terminate this Contract upon three (3) days advance written notice.

3.14 Indemnification. To the fu llest extent allowed by law, Contractor shall defend (with counsel of the City’s choo sing), indemnify and hold City, it s officials, officers, agents, employees, and representatives fr ee and harmless from any and all claims, demands, causes of action, costs, expenses, liabiliti es, losses, damages or injuries, in law or equity, regardless of whether the allegations are fals e, fraudulent, or groundless, to property or persons, including wrongful death, arising out of or in connection with the performance of the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all damages and attorneys’ fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that ma y be brought or instituted against the City, its 29 60367.01100\33488405.1

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officials, officers, directors, agents, employees and representatives. C ontractor shall pay and satisfy any judgment, award or decree that may be rendered agai nst the City, its officials, officers, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees and representatives for any and all le gal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contra ctor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.15 Insurance.

3.15.1 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, Contra ctor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence sati sfactory to the City that the subcontractor has secured all insurance required under this section.

3.15.2 Minimum Requirements. Contractor sh all, at its expense, procure and maintain for the duration of the Contract insura nce against claims for injuries to persons or damages to property which may ar ise from or in connection with the performance of the Work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least th e following minimum levels of coverage:

3.15.2.1 Minimum Scope of Insurance. C overage shall be at least as broad as the latest vers ion of the following: (1) General Liability : Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employers’ Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

3.15.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodil y injury, personal injury and property damage. If Commercial General Liabil ity Insurance or other form with a general aggregate limit is used, either the general aggr egate limit shall apply separately to this Contract/location or the general a ggregate limit shall be twice th e required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California. Employers Liability limits of $1,000,000 per accident for bodily injury or disease.
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3.15.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall prov ide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.15.3.1 General Liability. (1) The City, it s directors, officials, officers, employees, agents and volunteers shall be covere d as additional insureds with respect to the Work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work ; (2) the insurer shall waive any and all rights of subrogation it may have or acquire against th e City, its directors, officials, officers, employees, agents and volunteers; and (3) the insurance coverage shall be primary insurance as respects the City, its directors, officials, of ficers, employees, agents and volunteers. Any insurance or self-insurance maintained by the Cit y, its directors, official s, officers, employees, agents and volunteers shall be excess of the C ontractor’s insurance and shall not be called upon to contribute with it.

3.15.3.2 Automobile Liability. (1) The C ity, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintena nce, use, loading or unloadin g of any auto owned, leased, hired or borrowed by the Contractor or for whic h the Contractor is responsible; (2) the insurer shall waive any and all rights of subrogation it may have or acquire against the City, its directors, officials, officers, employees, agents and volunt eers; and (3) the insura nce coverage shall be primary insurance as respects the City, its direct ors, officials, officers , employees, agents and volunteers. Any insurance or self -insurance maintained by the C ity, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.15.3.3 Workers’ Compensation and Employers Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor.

3.15.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state tha t: (1) coverage shall not be susp ended, voided, reduced or canceled except after thirty (30) days prior written noti ce by certified mail, return receipt requested, has been given to the City (ten (10) days for nonpaym ent of premium); and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its direct ors, officials, officers, employees, agents and volunteers.

3.15.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection affo rded to the City, its directors, officials, officers, employees, agents and volunteers.

3.15.5 Professional Liability Insura nce. All architects, e ngineers, consultants or design professionals retained by Co ntractor shall also procure and maintain, for a period of five 31 60367.01100\33488405.1

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(5) years following completion of the Contract, e rrors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence.

3.15.6 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer sh all reduce or eliminate such deductibles or self- insured retentions as respects the City, its direct ors, officials, officers, employees, agents and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.15.7 Acceptability of Insurers. Insurance 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.

3.15.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The ce rtificates 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 endor sements must be received and approved by the City before work commences. Th e City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.15.9 Subcontractors. All subc ontractors 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 se parate certificates and endorsements for each subcontractor. All coverages for subcontractors sha ll be subject to all of the requirements stated herein.

3.16 Bond Requirements. NOT APPLICABLE

3.16.1 Payment Bond. If required by law or ot herwise specifically requested by City in Exhibit “D” attached hereto and incor porated herein by refere nce, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.16.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by refe rence, 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. No payment will be made to Contractor until the bond has been received and approved by the City.

3.16.3 Bond Provisions. Should, in City ’s sole opinion, any bond become insufficient or any surety be found to be unsat isfactory, Contractor sh all renew or replace the effected bond within ten (10) days of receiving notice from C ity. In the event the surety or Contractor intends to reduce or cancel any requir ed 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 32 60367.01100\33488405.1

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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, th at the Total Contract Price is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall prom ptly deliver satisfactory evidence of such increase to the City. To the ex tent available, the bonds shall furt her provide that no change or alteration of the Contract (incl uding, without limitation, an increas e in the Total Contract Price, as referred to above), extensions of time, or m odifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.16.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Proced ure Section 995.120, shall be accepted. The surety must be a California-admitted surety and satisfact ory to the City. If a California-admitted surety insurer issuing bonds does not meet these requireme nts, 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.

3.17 Safety. Contractor shall execute and mainta in 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, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and life-saving 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 accid ents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermor e, Contractor shall prominently display the names a nd 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.

3.18 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include una uthorized work which has not been removed and any non-conforming materials inco rporated into the Work) to be of good quality and free from any defective or faulty material and workmanshi p. Contractor agrees th at for a period of one year (or the period of time specif ied elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or su pplier of equipment or materials incorporated into the Work, whichever is later) after the date of final accepta nce, Contractor shall within ten (10) days after being notified in writing by the C ity of any defect in the Work or non-conformance of the Work to the Contract, commence and pr osecute 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 emerge ncy. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (o r work of other contractors) damaged by its defective Work or which become s damaged in the course of re pairing or replacing defective 33 60367.01100\33488405.1

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Work. For any Work so correct ed, Contractor’s obligation hereunder to corre ct defective Work shall be reinstated for an additional one year pe riod, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the C ity may require to verify that any corrective actions, including, without limitation, redesign, re pairs, and replacements comply with the requirements of the Contract. All co sts 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 the Contractor. All warranties and guarantees of subcontractors, s uppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warran ties 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.

3.19 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 Wor k, including all Cal/OSHA re quirements, and shall give all notices required by law. Contractor shall be liable for al l violations of such laws and regulations in connection with Work. If the Contractor obs erves 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 the Contractor performs any work knowing it to be contrary to su ch laws, rules and regul ations, the Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, dir ectors, officers, employees and ag ents free and harmless, pursuant to the indemnification provisions of this Contract , from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.20 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, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee.

3.21 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trench es five (5) feet or more in depth, Contractor shall comply with all appli cable 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, br acing, sloping, or other pr ovisions to be made for worker protection from the hazar d of caving ground during the exca vation of such trench or trenches. If such plan varies from the shoring sy stem standards, the plan shall be prepared by a registered civil or structural engineer.

3.22 Hazardous Materials and Differing Conditions . As required by California Public Contract Code Section 7104, if this Contract involves digging tren ches or other excavations that 34 60367.01100\33488405.1

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extend deeper than four (4) f eet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notif y 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 late nt physical conditions at the site differing from those indicated by City; and (3) unknown physical c onditions of an unusual nature at the site, significantly different from t hose 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, C ontractor shall not be ex cused from any scheduled completion date and shall proceed with all Work to be perform ed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.23 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 faciliti es 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 nece ssarily idled during such work. Contractor shall not be assessed liquidate d damages for delay caused by fail ure of City to provide for removal or relocation of such utility facilities.

3.24 Labor.

3.24.1 Hours of Work. The Contractor shall perform all work during the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday unless otherwise specifi ed in the Contract Documents or authorized by the City in writing. If the Contractor wishes to work during any other hours or on weekends, written permission must be received from the City. The request must be received at least two (2) working days in advance of any work. No work will be allowed on City holidays except in the case of an emergency. A listing of City holidays is on file at City Hall. If Contractor requests overtime work in which the City will incur costs, Contractor shall be responsible for payment of the Ci ty’s costs incurred in connection with the overtime work. The City will invoice the Contractor at time and one half to cover th e costs incurred. If Contractor does not pay the invoice within ten (10) days, the City may de duct the amount billed from other payments due or to become due to Contractor under the Contract.

3.24.2 Prevailing Wages. Contractor is awar e 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”), whic h require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since th e Work is being performed as pa rt of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Cont ractor agrees to fully comply with such Prevailing Wage Laws. Pursuant to the provisions of Section 17 70 of the California Labor Code, the City has obtained the general prevailing rate of wages a nd employer payments for health and welfare, vacation, pension and similar purposes in the City, as determined by the Director of the Department of Industrial Relations , a copy of which is on file at City Hall, and shall be made available for viewing to any inte rested party upon request. Contr actor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned. The 35 60367.01100\33488405.1

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Contractor and each subcontractor shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200) for each calendar day, or por tion thereof, for each worker paid less than the stipulated prevailing wage ra te in violation of the Labor C ode. In addition, the difference between the prevailing wage rate and the amount paid to each wo rker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor. Cont ractor shall defend, indemnify and hold the City, its officials, officers, employees and agents fre e and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.24.3 Payroll Records.

3.24.3.1 Pursuant to Labor Code Sectio n 1776, the Contractor and each subcontractor shall maintain weekly certified pa yroll records showing the name, address, social security number, work classifi cation, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each jour neyman, apprentice, worker or other employee employed in connection with the work. Contract or shall certify under pe nalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. In the event of noncompliance with the requirements of this S ection, the Contractor sha ll have ten (10) days in which to comply subsequent to receipt of written notice specifyi ng any item or actions necessary to achieve compliance with this section. If Contract or or subcontractor does not comply after such ten (10)-day period, the Contract or shall, as a penalty to the City, forfeit One Hundred Dollars ($100) for each da y, or portion thereof, for each worker until strict compliance is effectuated.

3.24.3.2 In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnis h the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis a nd in the format prescribed by the DIR, which may include electronic submission. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code sec tion 1771.4 shall not apply to work performed on a public works project that is exempt pursuan t to the small project exemption specified in Labor Code Section 1771.4.

3.24.4 Contractor 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 c ontract entered into without proof of the contractor’s and subcontractors’ current registration with the Depa rtment of Industrial Relations to perform public work. This Project will be subject to comp liance monitoring and enforcement by the Department of Industrial Re lations. It shall be Contractor’s sole responsibil ity to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to th e DIR. Notwithstanding the fore going, the contractor registration requirements mandated by Labor Code Sectio ns 1725.5 and 1771.1 shall not apply to work performed on a public works project that is ex empt pursuant to the sm all project exemption specified in Labor Code Sections 1725.5 and 1771.1.
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3.24.5 Employment of Apprentices. Contracto r’s attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under the C ontractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subcontractors with the requirements for employment of apprentices. Information relative to apprenticeship standards, wage schedules, a nd other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

3.24.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the Contractor’s so le 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 DIR against Contractor or any subcontractor that affect Contractor’s perform ance 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 de fend, 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 DIR against Contractor or any subcontractor.

3.24.7 General. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Contractor shall therefore comply with such Labor Code sections to the fullest extent required by law.

3.24.8 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of th e provisions of Secti on 3700 of the Californ ia 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 th e performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “B” and in corporated herein by reference, shall be executed simultaneously with this Contract.

3.24.9 Labor and Material Releases. Contract or shall furnish City with labor and material releases from all subc ontractors performing work on, or furnishing materials for, the work governed by this Contract prior to final payment by City.

3.25 Termination. This Contract may be terminated by City at any time by giving Contractor five (5) calendar days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Cont ractor for all Work performed up to that time as provided herein. In the even t of breach of the Contract by Contractor, City shall provide Contractor with a written notice of de fault. In the event that Contractor fails to cure the alleged default within fi ve (5) calendar days (or in the cas e of a default that may not be cured in five (5) calendar days, commences the cure within said time period and diligently pursues the cure until completion) , City may terminate the Contra ct immediately without further notice, may reduce payment to the Contractor in the amount necessary to offset City’s resulting 37 60367.01100\33488405.1

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damages, and may pursue any othe r available recourse against C ontractor. 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 mann er as it may determine appropria te, services similar to those terminated. Further, if this Contract is termin ated as provided, City ma y 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.

3.26 Claims and Disputes.

3.26.1 If any dispute shall arise between th e City and Contra ctor regarding performance of the work, or any alleged change in the work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation for the work to the City within three (3) days after commencement of the disput ed work. Contractor’s failure to give written notice within the three (3)-day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work.

3.26.2 Intent. Effective January 1, 1991, Sec tion 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal c onferences, non-binding judicial supervised mediation, a nd judicial arbitration to resolve di sputes 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.

3.26.3 Claims. For purposes of this Sectio n, “Claim” means a separate demand by the Contractor, after a change order duly re quested 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 provi de notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents.

3.26.4 Filing Claims. Claims governed by th is 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 orde r, including but not nece ssarily 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 S ection 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 submitte d in writing to the City and shall include on its first page the following in 16 poi nt capital font: “THIS IS A CL AIM.” Furthermore, the claim shall include the documents necessary to substant iate the claim. Nothing in this Section is intended to extend the time lim it or supersede notice require ments otherwise provided by contract for the filing of clai ms, including all requirements pe rtaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such 38 60367.01100\33488405.1

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contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.26.5 Supporting Documentation. The Contractor shall submit al l claims in the following format:

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

3.26.5.2 List of documents relating to claim:
(1) Specifications
(2) Drawings
(3) Clarifications (Requests for Information)
(4) Schedules
(5) Other

3.26.5.3 Chronology of events and correspondence

3.26.5.4 Analysis of claim merit

3.26.5.5 Analysis of claim cost, includ ing calculations and supporting documents

3.26.5.6 Time impact analysis in CPM format

3.26.6 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 of receipt of the Claim, or as extended by mutual agreement, 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 Cla im will be processed and made within 60 days after the City issues its written statement.

3.26.6.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the dis puted 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 (3) days following the ne xt duly publicly noticed meeting of the governing body after the 45-day pe riod, or extension, e xpires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.26.6.2 Within 30 days of receipt of a Claim, City may request in writing additional documentation supporting the Claim or relating to defens es or claims City may have against the C ontractor. If additional in formation is thereafter required, it shall be 39 60367.01100\33488405.1

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requested and provided pursuant to this subdi vision, upon mutual agreement of City and the Contractor. City’s written response to the Claim, shall be submitte d to the Contractor within 30 days (if the Claim is less than $50,000, within 15 days) afte r receipt of the additional documentation, or within a period of time no gr eater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

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

3.26.8 Mediation. Within 10 business days fo llowing the conclusion of the meet and confer conference, if the Cl aim or any portion of the Claim re mains 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 a ssociated costs equally. City and Contractor shall mutually agree to a mediat or 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.

3.26.8.1 If the Parties cannot agree upon a mediator , each Party shall select a mediator and those mediators shall select a qualified neutral thir d 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.

3.26.8.2 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 util ized shall conform to the timeframes in this section.

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

3.26.8.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor la st performs Work, whichever is earlier. All unresolved Claims sh all be considered jo intly in a single me diation, unless a new unrelated Claim arises after mediation is completed.

3.26.9 Procedures After Mediation. If follo wing the mediation, the Claim or any portion remains in dispute, the Co ntractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing w ith Section 910) of Part 3 of Division 3.6 of 40 60367.01100\33488405.1

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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 th e Contractor submits his or her written Claim pursuant to subdivision (a) un til the time the Claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.26.10Civil Actions. The following proce dures are established for all civil actions filed to resolve Claims of $375,000 or less:

3.26.10.1 Within 60 days, but no earlier th an 30 days, following the filing or responsive pleadings, the court shall subm it the matter to non-bi nding mediation unless waived by mutual stipulation of both Partie s 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 proce ss 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 c oncluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.26.10.2 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, notwithst anding 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) sh all apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.26.10.3 In addition to Chapter 2.5 (c ommencing 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 pa rty appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to paym ent of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.26.11Government Code Claim Procedures.

3.26.11.1 This section does not apply to tort claims and nothing in this section is intended nor shall be construed to change the time peri ods for filing to rt claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.

3.26.11.2 In addition to any and all Contra ct requirements pertaining to notices of and requests for adjust ments to the Contract Time, Cont ract Price, or compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Govern ment Code sections 900 et seq. prior to filing any lawsuit against the City.

3.26.11.3 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 adjustment of the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Govern ment Code claim is submitted, or if any 41 60367.01100\33488405.1

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prerequisite contractual requireme nts are not otherwise satisfied as specified herein, Contractor may not file any action against the City.

3.26.11.4 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 known to the Contractor excepting only new unrel ated Claims that arise after the Government Code claim is submitted.

3.26.12Non-Waiver. City’s failure to resp ond 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 and shall not constitute a waiver of any rights under this section.

3.26.13Pursuant to Public Contract Code Section 9201, the City shall provide Contractor with timely notification of the recei pt of any third-party claim relating to the Contract.

3.27 Water Quality Management and Compliance.

3.27.1.1 Stormwater Management. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Contractor, hereby acknowledges that it has investig ated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.

3.27.1.2 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 regula tions that may impact, or be implicated by the performance of the Work includi ng, without limitation, all applicable provisi ons 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 re gulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of polluta nts, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. 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”). Contractor shall comply with the lawful requirements of any applic able municipality, drainage dist rict, 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.

3.28 Air Quality. Contractor must fully comp ly with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitti ng requirements imposed by the Ca lifornia Air Resources Board (CARB). Although CARB limits and requirements ar e more broad, Contractor shall specifically be aware of their application to “portable equipment”, which de finition is considered by CARB to include any item of e quipment with a fuel-powered engine. Contractor shall indemnify City 42 60367.01100\33488405.1

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against any fines or penalties imposed by CA RB, or any other gover nmental or regulatory agency for violations of applicable laws, rules and/or regulati ons by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.

3.29 Inspection Of Site. Contractor has visite d sites where Work is to be performed and has become acquainted with all conditions affe cting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipm ent, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters.

3.30 Field Measurements. Contractor shall ma ke field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before co mmencing activities.

Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.

3.31 Miscellaneous

3.31.1 Certification of License. Contractor’s attention is directed to Business and Professions Code Sections 7000 et seq. concerning the licensing of contractors. At the time Contractor enters into this Contract and all t imes Contractor is perfor ming the Work, Contractor shall have a valid license issued by the Contr actors State License Board in the classification required by the City. All subcontractors shall be licensed in accordance with the laws of this State and any contractor or subcontractor not so licensed is subject to pe nalties imposed by such laws. Contractor certifies that as of the date of execution of this C ontract, Contractor has a current contractor's license of the classification indicated below under Contractor's signature.

3.31.2 State License Board Notice. Contractors are required by law to be licensed and regulated by the Contractors’ St ate License Board which has jurisdiction to investigate complaints against c ontractors 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 c ontractor may be referr ed to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

3.31.3 Notices. All notices permitted or re quired under this Contract shall be given at the following address, or at such other address as the parties may provide in writing for this purpose:
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CITY: CONTRACTOR
City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656
Attn: City Engineer
Email: [email protected]
Genesis Floor Covering, INC.
14101 Pontlavoy Ave.

Santa Fe Springs, CA 90670
Attn: Tracy Koh
Email: [email protected]

Notices shall be deemed to be received upon personal delivery to the addresses above; if sent by email, upon delivery; if sent by overnight de livery, upon delivery as s hown by delivery service records; if by United States Postal Service, three days after deposit in the mail.

3.31.4 Equal Opportunity Employment. Contract or represents that it is an equal opportunity employer and th at it shall not discriminate agai nst any employee or applicant for employment because of race, religion, color, nati onal 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 acti vities related to in itial employment, upgrad ing, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.31.5 Clayton Act and Cartwright Act. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In en tering 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 cau ses of action it may ha ve under Section 4 of the Clayton Act (15 U.S.C. Section 15) or und er 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 Contr act. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.31.6 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. Th is Contract may only be modified by a writing signed by both Parties.

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

3.31.8 Assignment Forbidden. Contractor sh all 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.

3.31.9 Governing Law. This Contract shall be governed by the la ws of the State of California. Venue shall be in Orange County.
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3.31.10Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.31.11Successors. 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.

3.31.12Solicitation. Contract or maintains and warrants that it has not employed nor retained any company or person, other th an 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 contingent upon or resulting from the award or maki ng of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.31.13Conflict of Interest. For the term of this Contract, no member, 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.

3.31.14Declaration of Political Contributions. Contractor shall, throughout the term of this Agreement, submit to City an annual statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Contractor and all of Contractor’s employees, including any employee(s) that Contractor intends to assign to perform the work described in this Contract.

3.31.15Fraud Policy. Contractor shall pr ovide a copy of th e City’s Fraud Prevention Policy to each of it s employees assigned to perform work under this Contract.

Contractor shall submit to the City’s Repres entative a statement signe d by Contractor and by each of its employees who are assigned to perform work under this Contract certifying receipt of and that they have read the City’s Fraud Prevention Policy. A finding by the City that Contractor or any of Contractor’s employees have committed fraud against th e City or have violated the City’s Fraud Prevention Policy sh all be grounds for appropriate di scipline, up to and including such employee’s removal from performance of this Contract at City’s request and/or termination of this Contract. Contractor sh all reimburse the City for any cost s and expenses associated with fraud against the City.

3.31.16Authority to Enter Contract. Cont ractor has all re quisite power and authority to conduct its business and to execute, deliver and perform the Contract. Each Party warrants that the individuals w ho have signed this Contract ha ve the legal power, right and authority to make this Contract and bind each respective Party. [SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF ALISO VIEJO
AND GENESIS FLOOR COVERING, INC.

IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on the day and year first above written.

CITY OF ALISO VIEJO

Approved:

By:

Mitzi Ortiz
Acting City Manager

ATTEST:

By: _______________________________
Lauren Torres, MMC
City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney

APPROVED AS TO COMPLIANCE

WITH BUDGET
By:

Ann Eifert
Director of Financial Services
Genesis Floor Coverin
g, INC.

[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:_________________________

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

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CITY OF ALISO VIEJO

DECLARATION OF POLITICAL CONTRIBUTIONS
Using the space provided below, please list a ny political contributions of money, in-kind services, or loans made to any member of the City Council within the last twelve (12) months by Contractor and all of Contract or’s employees, including any empl oyee(s) that applicant intends to assign to perform the work or services described in this Contract:

To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:

City/County/State Date

Name of Business Print Name

Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.

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EXHIBIT “A”

PLANS AND SPECIFICATIONS

The City of Aliso Vista Park Playground Rubber PIP Safety Surfacing – Aliphatic Royal Blue project is located at 29 Santa Barbara (see map attached within the white circle). The project will consist of:

1. Removal and disposal of existing wood chips.

2. Install new Center Frech drain basin.

3. Install and compact road base.

4. Finish elevation will respect clearance codes of playground equipment.

5. Construction will start on Monday September 30, 2024, and fully be completed by Friday October 11, 2024.

6. The contractor is responsible for closing the area, BMPs, and project cleanup.

7. Project is prevailing wage.

48 Genesis Floor Covering, Inc.
14101 Pontlavoy Ave.

Santa Fe Springs, Ca. 90670
Tel: 562-345-5007
CA Contractor Lic. #883027 DIR #1000004026
CUSTOMER: DATE;
COMPANY: PROJECT:

ADDRESS:

LOCATION:

Aliso Viejo, CA 92653
AREA INCLUDED IN BID:

SCOPE OF WORK:

1. 2.

3. 4.

5. 6. Standard work hours: Monday - Friday, 6:00am - 2:30pm. (After hours available upon request)

7. Finish elevation will respect clearance codes for any entry and or exit of playground equipment.

1. 2.

3. 4.

5. NOTES:

1. Terms are net 30 days. Deposit or progress payment may be required for materials.

2. The prices listed on this proposal are valid for a period of 30 days.

3. All required Certified Payroll Reporting documents are available upon request.

4. 5. Payment or performance bonds are not included in price unless specifically noted above.

6. 7.

8. SUBMITTED BY: Tracy Koh TEL:

ACCEPTED BY: DATE:

We herewith submit proposal for labor and materials to be supplied at the request of above party and at premises set forth above. Labor is based on Prevailing Wages.

Emigdio Martinez September 23, 2024
Aliso Viejo Vista Park
12 Journey, Suite 100 Rubber PIP safety Surfacing - Aliphatic Aliso Viejo, CA 92656 Vista Park
Supply & apply .5" Wear layer 100% color with aliphatic binder.

Playground surface
Removal of existing Wood chips up to 12" deep & rubber.

Supply & apply up to 18" of class 2 road base.

Supply & apply 3" Cushion layer with aliphatic binder
6' long x 3' wide x 3' deep lined with Mirafi 140N & backfilled with 3/4" gravel.

Genesis Floor Covering is not responsible for substrate failures (such as alkalinity and moisture) after the flooring installation is complete, unless a moisture protection system was sold, and the failed area is below the manufacturer's limits.

If existing flooring is to be removed, our price would include standard prep (scraping excess material, skim coat uneven areas, and primer if needed). Any floor patch required from removal of existing floor is not included in price. Our price does not include removal of asbestos tiles below existing carpet. 562-345-5007
Tracy Koh

Unless itemized on this proposal, Genesis Floor Covering is not responsible for the testing or treatment of concrete vapor emissions and alkalinity.

Total Including Payment & Performance Bond 57,041.00$
Maintenance
Drainage
Total Materials, Freight, Sales Tax and Installation Labor: 55,649.00$ Payment & Performance Bond (Not Included in Total) 1,392.00$ Surverying, HIC, Compaction or Soil testing
Equipment moving
Design, patterns, games, or logos.

If this proposal is accepted, please submit a signed purchase order, or execute the Terms & Condition contract prepared by Genesis Floor Covering.

PROPOSAL
49 60367.01100\33488405.1

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50 60367.01100\33488405.1

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EXHIBIT “B”

LABOR CERTIFICATION
LABOR CODE SECTION 1861
I, the undersigned Contractor, am aware of th e provisions of Section 3700 et seq. 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 the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

CONTRACTOR

By:

Name:

Title:

Dated:

51 60367.01100\33488405.1

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EXHIBIT “C”

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Aliso Viejo (hereina fter 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 Contr actor is more particularly set forth in the Contract Documents for the Project da ted ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expr essly 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 unde rsigned 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 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, ou r heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, th at, 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 agreemen ts in the Contract Documents and any alteration thereof made as therein provided, on its pa rt, 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 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 part of the obligation secure d hereby and in addition to the fa ce amount specified therefore, there shall be included costs and reasonable expe nses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation.

As a condition precedent to the satisfactory co mpletion of the Contract Documents, unless otherwise provided for in the Contract Docume nts, the above obligation shall hold good for a period of one (1) year after the acceptance of th e work by City, during wh ich time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect City from loss or damage resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect . The obligations of Surety hereunder shall continue so long as any obligation of C ontractor remains. Nothing herein shall limit City’s rights or the Co ntractor or Surety’s obligati ons under the Contract, law or 52 60367.01100\33488405.1

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equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at City’s option:
(1) Take over and complete the Proj ect in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completi ng the Project in accordance with all terms and conditions in the Cont ract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract pr ice, 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 City under the Contract and any modification thereto, less any amount previously paid by City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit City to complete the Project in any manner consistent with California law and make availabl e as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, in cluding 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 City under the Contract and any modification thereto, less any amount previously paid by City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that 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 Su rety accept a bid from Contractor for completion of the Project if Cit y, when declaring the Contractor in default, notifies Surety of 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 Pr oject 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 and the provisions of Sec tion 2819 and 2845 of the California Civil Code.

Without limiting the foregoing, such changes, exte nsions of time and al terations or additions shall include, but are not limited to, changes or alterations to the Contract Documents (including, without limitation, an increase in the total dollar amount of the Contract Documents), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor.

53 60367.01100\33488405.1

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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
(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

(Telephone number of Surety and Agent or Representative for service of process in California 54 60367.01100\33488405.1

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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 certifi cate 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 pers on(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 reatta chment 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
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

END OF PERFORMANCE BOND FORM
55 60367.01100\33488405.1

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EXHIBIT “D”

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS that:

WHEREAS, the City of Aliso Viejo (hereinaft er designated as “City”), by action taken or a resolution passed ___________________________, 20___ has awarded to __________________________________ hereinafter design ated as the “Princ ipal,” a contract for the work described as follows: ________________________________________________ the “Project”); and
WHEREAS, said Principal is required to fu rnish 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 la bor done thereon of any kind, or for amounts due under the Unemployme nt Insurance Code or for any amounts required to be deducted, withheld, and paid ove r to the Employment Developm ent 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 Principa l and __________________________ as Surety, are held and firmly bound unto City in the penal sum of ______________ Dollars ($___________) lawful money of the Unit ed 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 ma terials, provisions or other supplies, used in, upon, for or about the perfo rmance 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 Documents, 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 employ ees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Ta xation Code, with respect to such work and labor the Surety or Sureties w ill pay for the same, in an am ount not exceeding the sum herein above specified, and also, in ca se suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

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

- 33 -

or relating to any scheme or work of improve ment herein above desc ribed, 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 extens ion 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 or attemp ted rescission of the contract , agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the ri ght 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 mo st strongly against the Surety a nd in favor of all persons for whose benefit such bond is given, and under no circumstances shall Sure ty 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 am ount of his claim and that Surety does hereby waive notice of any such change, extensi on of time, addition, alte ration or modification herein mentioned.

Notwithstanding any other provision of this bond, it is expressly unde rstood, acknowledged and agreed that it shall provide all of the protections required by California Civil Code Sections 9550 through 9566, including the specific coverage protections required by Section 9554.

IN WITNESS WHEREOF, two (2) iden tical counterparts of this instrument, each of which shall for all purposes be deemed an original thereo f, have been duly executed by the Principal and Surety above named, on the _____ day of ______________________ 20______ the name and corporate seal of each corporate party being here to affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. (Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal) Surety

By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title

57 60367.01100\33488405.1

- 34 -

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

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

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above
NOTE: A copy of the Power-of-Attorney to lo cal representatives of the bonding company must be attached hereto.

END OF PAYMENT BOND FORM
58 City of Aliso Viejo

AGENDA ITEM
DATE: October 2, 2024
TO: Mayor and City Council
FROM: Shaun Pelletier, Public Works Director / City Engineer SUBJECT: CONTRACT WITH ALL AMERICAN ASPHALT FOR THE ALISO CREEK

ROAD PAVEMENT REHABILITATION BETWEEN ENTERPRISE AND
SR-73, AND STRIPING OF BIKE LANES FROM ENTERPRISE TO ALISO

VIEJO PARKWAY PROJECT
______________________________________________________________________ Recommended Actions:

1. Approve Contract Documents, Specifications, and Plans for Aliso Creek Road Pavement Rehabilitation Between Enterprise to SR-73 and Striping of Bike Lanes from Enterprise to Aliso Viejo Parkway Project;

2. Award a contract in the amount of $906,749 to All American Asphalt as the lowest responsible bidder for the Aliso Creek Road Pavement Rehabilitation Between Enterprise to SR-73 and Striping of Bike Lanes from Enterprise to Aliso Viejo Parkway Project;

3. Authorize the City Manager to execute a contract with All American Asphalt;

4. Appropriate an additional $252,129.28 in Measure M2 funds to the Fiscal Year 2024- 25 Capital Improvement Plan budget;

5. Authorize City staff to make total compensation to All American Asphalt up to $906,749 plus $90,674.90 (10% of the contract amount) to allow for contingencies, totaling $997,423.90; and

Fiscal Impact:

Total fiscal impact will be approximately $997,423.90 including construction ($906,749) and contingency ($90,674.90). The adopted Fiscal Year 2024-25 Capital Improvement Plan (CIP) budget includes $770,000.00 for construction and contingency. Additionally, $24,705.38 was encumbered to purchase traffic signal video detection system to mitigate traffic during construction. An additional appropriation of $252,129.28 from Measure M2 funds will be needed to complete the project. The Moulton Niguel Water District will reimburse the City approximately $11,550 for adjusting their sewer manholes and water valves.
59

Page 2 of 3 ends

Background:

The City advertised for bids through September 24, 2024, and multiple online plan rooms were used. Eighteen contractors requested and received construction documents for the work.

The City received and opened seven bids at 2:00 P.M. on September 4, 2024. The total amounts for each of the bids received are as follows:

Contractor Base Bid

1. All American Asphalt $906,749.00

2. Dash Construction Company $972,071.00

3. RJ Noble $972,725.00

4. Excel Paving $1,032,020.00

5. Onyx Paving Company $1,020,000.00

6. US Builders and Consultants $1,147,448.00

7. Hardy and Harper $1,056,000.00
City staff has reviewed the bid from All American Asphalt and the bid appears to be responsive and complete.

At the time of the bid opening, Dash Construction Company submitted a bid of $879,777; however, they did not acknowledge receipt of Addendum No. 1 in their bid proposal, which updated the estimated quantities in the bid schedule. Once their unit prices were applied to the correct bid quantities, their bid price became $972,071.

At the time of the bid opening, All American Asphalt submitted a bid of $819,664; however, they had a discrepancy in their item cost line for Bid Item No. 4 – 2” ARHM W/Fibers. Per the bid schedule requirements, in case of discrepancy between the unit price and the item cost set forth for the unit basis item, the unit price shall prevail and shall be utilized as the basis for determining the lowest responsive bidder. As a result, the corrected All American Asphalt base bid amount is $906,749.

This project is exempt from the CEQA process since it is maintaining existing facilities.

Discussion:

The engineer’s estimate for this base bid work was about $890,000. Since the City’s last paving project and now, the price in tonnage for rubberized asphalt and conventional asphalt increased by 18% and 24% respectively based on the respective low bidder’s prices. Additionally, a local asphalt plant in Irvine recently closed resulting in higher bid prices for street projects. The scope of the project also increased by extending the bike lane striping from the end of the paving limits (SR-73 bridge) to Aliso Viejo Parkway to provide bike connectivity to the adjacent arterial street. 60

Page 3 of 3 ends

All American Asphalt recently completed the last three slurry seal projects in the City.

They have also performed similar work in other surrounding cities with favorable references.

Staff requests authorization for payments to All American Asphalt up to $997,423.90 (10% above the contract amount) to cover for contingencies such as overages on quantities and additional work requested by the City.

The schedule for this project is as follows:
- Advertise for bids August 8 – September 4, 2024
- Bids due September 4, 2024
- Council approves award of contract October 2, 2024
- Notice to Proceed December 1, 2024
- Start construction December 1, 2024
- Complete construction (40 working days) January 10, 2025 Attachments:

1. Contract with All American Asphalt

2. All American Asphalt Submitted Bid
61 SECTION 00500

CONTRACT
Aliso Creek Road Pavement Rehabilitation Between Enterprise to SR-73, and Striping of Bike Lanes from Enterprise to Aliso Viejo Parkway
SECTION 00500

CONTRACT
CONTRACT - 1

BBK: March 2012

CONTRACT
THIS CONTRACT is made this _____ day of _________, 20_, in the County of Orange, State of California, by and between the City of Aliso Viejo hereinafter called City, and ______________________________, hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

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

Aliso Creek Road Pavement Rehabilitation Between Enterprise to SR-73, and Striping of Bike Lanes from Enterprise to Aliso Viejo Parkway
The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within forty (40) working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Nine Hundred Six Thousand, Seven Hundred Forty Nine Dollars ($906,749.00). Payment shall be made as set forth in the General Conditions.

At any time during the term of the Contract, City may, pursuant to the terms and provisions of the Contract Documents, request that the Contractor perform additional work. Contractor shall not perform, nor be compensated for, additional work without written authorization from the City pursuant to the terms and provisions of the Contract Documents. Notwithstanding any other provisions of the Contract Documents, for contracts in excess of $25,000.00, the City Manager may approve additional work not to exceed 10% of the original Contract amount, ( Ninety Thousand, Six Hundred Seventy Four Dollars and Ninety Cents ($90,674.90)), as set forth in this Article 3. Any additional work in excess of this amount shall be approved by the City Council.

ARTICLE 4. LIQUIDATED DAMAGES . In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $ 500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees City may deduct that amount from any money due or that may become due 62 SECTION 00500

CONTRACT
Aliso Creek Road Pavement Rehabilitation Between Enterprise to SR-73, and Striping of Bike Lanes from Enterprise to Aliso Viejo Parkway
SECTION 00500

CONTRACT
CONTRACT - 2

BBK: March 2012

the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

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

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

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

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of the California Labor Code applicable to this Project.

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

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the office of the City Engineer or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.
63 SECTION 00500

CONTRACT
Aliso Creek Road Pavement Rehabilitation Between Enterprise to SR-73, and Striping of Bike Lanes from Enterprise to Aliso Viejo Parkway
SECTION 00500

CONTRACT
CONTRACT - 3

BBK: March 2012

ARTICLE 9. DECLARATION OF POLITICAL CONTRIBUTIONS. Prior to the City’s approval of this Contract, Contractor shall submit to City a statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Contractor and all of Contractor 's employees, including any employee(s) that Contractor intends to assign to perform work on the Project.

IN WITNESS WHEREOF, this Contract has been duly executed by the above -named parties, on the day and year above written.

CITY OF ALISO VIEJO ALL AMERICAN ASPHALT

By: By:

Mitzi Ortiz, MMC Mark Leur, President
Acting City Manager
If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary OR Treasurer REQUIRED]

Attest:

By:

Michael Farkas, Secretary
By:

Lauren Torres,
Deputy City Clerk A, C-12 No. 267073
Classification of Contractor's License

Approved as to Form:

By:

Best Best & Krieger LLP
City Attorney

Approved as to Compliance with Budget:

By:

Ann Eifert
Director of Financial Services
64 SECTION 00500

CONTRACT
Aliso Creek Road Pavement Rehabilitation Between Enterprise to SR-73, and Striping of Bike Lanes from Enterprise to Aliso Viejo Parkway
SECTION 00500

CONTRACT
CONTRACT - 4

BBK: March 2012

CITY OF ALISO VIEJO

DECLARATION OF POLITICAL CONTRIBUTIONS

Using the space provided below, please list any political contributions of money, in-kind services, or loans made to any member of the City Council within the last twelve (12) months by Contractor and all of Contractor’s employees, including any employee(s) that applicant intends to assign to perform work on the Project:

To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:

City/County/State Date

Name of Business Print Name

Signature

NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE CONTRACT AND MUST BE SIGNED AND ATTACHED HERETO.

END OF CONTRACT 65
SECTION 00610

PERFORMANCE BOND
Aliso Creek Road Pavement Rehabilitation Between Enterprise to SR-73, and Striping of Bike Lanes from Enterprise to Aliso Viejo Parkway

SECTION 00610

PERFORMANCE BOND
CONTRACT - 5

BBK: March 2012

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Aliso Viejo (hereinafter referred to as “ City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for Aliso Creek Road Pavement Rehabilitation Between Enterprise to SR -73, and Striping of Bike Lanes from Enterprise to Aliso Viejo Parkway (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 August 2024, (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 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, execut ors 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 i n 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 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 part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation.

PERFORMANCE BOND
Aliso Creek Road Pavement Rehabilitation Between Enterprise to SR-73, and Striping of Bike Lanes from Enterprise to Aliso Viejo Parkway

SECTION 00610

PERFORMANCE BOND
CONTRACT - 6

BBK: March 2012

above obligation in penal sum thereof shall remain in full force and effect . The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit 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 City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at City’s option:
(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 Sure ty and 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 City under the Contract and any modification thereto, less any amount previously paid by City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit City to complete the Project in any manner consistent with California 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 S urety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by City under the Contract and any modification thereto, less any amount previously paid by City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that 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 City, when declaring the Contractor in default, notifies Surety of 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.
67 SECTION 00610

PERFORMANCE BOND
Aliso Creek Road Pavement Rehabilitation Between Enterprise to SR-73, and Striping of Bike Lanes from Enterprise to Aliso Viejo Parkway

SECTION 00610

PERFORMANCE BOND
CONTRACT - 7

BBK: March 2012

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
(Attach Attorney-in-Fac t 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

68 SECTION 00610

PERFORMANCE BOND
Aliso Creek Road Pavement Rehabilitation Between Enterprise to SR-73, and Striping of Bike Lanes from Enterprise to Aliso Viejo Parkway

SECTION 00610

PERFORMANCE BOND
CONTRACT - 8

BBK: March 2012

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

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)

69 SECTION 00610

PERFORMANCE BOND
Aliso Creek Road Pavement Rehabilitation Between Enterprise to SR-73, and Striping of Bike Lanes from Enterprise to Aliso Viejo Parkway

SECTION 00610

PERFORMANCE BOND
CONTRACT - 9

BBK: March 2012

Signer(s) Other Than Named Above

NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

END OF PERFORMANCE BOND FORM

70 SECTION 00620

PAYMENT BOND
Aliso Creek Road Pavement Rehabilitation Between Enterprise to SR-73, and Striping of Bike Lanes from Enterprise to Aliso Viejo Parkway

SECTION 00620

PAYMENT BOND
CONTRACT - 10

BBK: March 2012

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS that:

WHEREAS, the City of Aliso Viejo (hereinafter designated as “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:

Aliso Creek Road Pavement Rehabilitation Between Enterprise to SR -73, and Striping of Bike Lanes from Enterprise to Aliso Viejo Parkway (the “Project”); 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 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 3181 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, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 3181 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 71 SECTION 00620

PAYMENT BOND
Aliso Creek Road Pavement Rehabilitation Between Enterprise to SR-73, and Striping of Bike Lanes from Enterprise to Aliso Viejo Parkway

SECTION 00620

PAYMENT BOND
CONTRACT - 11

BBK: March 2012

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 or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or 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 3110 or 3112 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.

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
(Attach Attorney-in-Fac t Certificate) Title

72 SECTION 00620

PAYMENT BOND
Aliso Creek Road Pavement Rehabilitation Between Enterprise to SR-73, and Striping of Bike Lanes from Enterprise to Aliso Viejo Parkway

SECTION 00620

PAYMENT BOND
CONTRACT - 12

BBK: March 2012

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

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
73 SECTION 00620

PAYMENT BOND
Aliso Creek Road Pavement Rehabilitation Between Enterprise to SR-73, and Striping of Bike Lanes from Enterprise to Aliso Viejo Parkway

SECTION 00620

PAYMENT BOND
CONTRACT - 13

BBK: March 2012

NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

END OF PAYMENT BOND FORM
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City of Aliso Viejo

AGENDA ITEM
DATE: October 2, 2024
TO: Mayor and City Council
FROM: Shaun Pelletier, Public Works Director / City Engineer

SUBJECT: AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-9-1419 FOR OCTA M2 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION
PROGRAM – ALISO CREEK CORRIDOR
Recommended Action:

Approve and authorize the Mayor to execute Amendment No. 1 to Cooperative Agreement C-9-1419 with the Orange County Transportation Authority (OCTA).

Fiscal Impact:

There is no fiscal impact with this action. The City processed the final payment for the City’s share of the local match in the amount of $173,693.32 during FY 2023-24. There will be no further payment required for the remainder of the project.

Background:

The OCTA M2 Project P Grant Program provides funding for coordination of traffic signals across jurisdictional boundaries. OCTA awarded funding for the project in the Spring of 2019 and was the construction project lead. The Aliso Creek Road corridor extends from El Toro Road (Laguna Woods) to Moulton Parkway (Laguna Niguel). The project also included Caltrans at the SR-73 ramps.

Discussion:

Construction of the project was completed in early 2024 and the project is current in the operation and maintenance period. This amendment will extend the duration of the cooperative agreement to December 31, 2025, to cover the operation and maintenance period of the project. The purpose of the operation and maintenance period is to monitor the performance of the project and make necessary adjustments to the traffic signal timing along the corridor.

The scope of the project within the City included the signal timing update along with capital improvements to the controllers, monitoring software, and communication network 121

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including fiber optic cable along the entire corridor and a connection to City Hall. Signals included in this project were coordinated across jurisdictions during morning, mid-day, afternoon and weekend peak periods. The timing plans were developed without regard to physical or political boundaries.

Attachment:

1. Amendment No. 1 to Cooperative Agreement C-9-1419
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AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-9-1419

BETWEEN

ORANGE COUNTY TRANSPORTATION AUTHORITY
AND

CITIES OF ALISO VIEJO AND LAGUNA NIGUEL
FOR

ALISO CREEK ROAD REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM PROJECT THIS AMENDMENT NO. 1 is made and entered into this ______ day of ___________, 2024, by and between the Orange County Transportation Authority, ("AUTHORITY"), and the cities of Aliso Viejo and Laguna Niguel (hereinafter referred to as the “PARTICIPATING AGENCIES”).

WITNESSETH:

WHEREAS, by Cooperative Agreement No. C-9-1419 (Agreement) dated February 19, 2020, AUTHORITY and PARTICIPATING AGENCIES entered into a cooperative agreement for the Aliso Creek Road Regional Traffic Signal Synchronization Program Project; and WHEREAS, AUTHORITY and PARTICIPATING AGENCIES agree to extend the term of the agreement for an additional twelve (12) months through December 31, 2025; and WHEREAS, the City of Aliso Viejo’s City Council approved this Amendment on the _____ day of ___________________, 20_____; and
WHEREAS, the City of Laguna Niguel’s City Council approved this Amendment on the _____ day of _________________, 20_____.

NOW, THEREFORE, it is mutually understood and agreed that Agreement No. C-9-1419 is hereby amended in the following particulars only:

1. Amend ARTICLE 9. ADDITIONAL PROVISIONS, page 9 of 13, paragraph A, line 21, to delete “December 31, 2024 ”, as the expiration date of the Agreement and in lieu thereof , insert “December 31, 2025”.

123
AMENDMENT NO. 1 TO
AGREEMENT NO. C-9-1419

ALISO CREEK - RTSSP

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The balance of Agreement No. C-9-1419 remains unchanged.

This Amendment shall be made effective upon execution by all parties.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. C-9-1419 to be executed as of the date of the last signature below.

CITY OF ALISO VIEJO ORANGE COUNTY TRANSPORTATION AUTHORITY By: ___________________________ By: ___________________________________ Mike Munzing Lydia Bilynsky
Mayor Manager, Capital Projects
ATTEST: APPROVED AS TO FORM:

By: ___________________________ By: ___________________________________ James M. Donich Lauren Torres
Deputy City Clerk General Counsel
APPROVED AS TO FORM:

By: ____________________________
Scott C. Smith
City Attorney
Date: ____________________________
James Donich (Aug 12, 2024 16:04 CDT)
124
AMENDMENT NO. 1 TO
AGREEMENT NO. C-9-1419

ALISO CREEK - RTSSP

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This Amendment shall be made effective upon execution by all parties.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. C-9-1419 to be executed as of the date of the last signature below.

CITY OF LAGUNA NIGUEL
By: ___________________________
Kelly Jennings
Mayor
ATTEST:

By: ___________________________
Marissa J. Asistin
City Clerk
APPROVED AS TO FORM:

By: ____________________________
Scott C. Smith
City Attorney
Date: ____________________________
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City of Aliso Viejo

AGENDA ITEM
DATE: October 2, 2024
TO: Mayor and City Council
FROM: Shaun Pelletier, Director of Public Works / City Engineer SUBJECT: ON-STREET PARKING – JOURNEY
Recommended Actions:

1. Approve an applicant request to modify the lane configuration on Journey to allow for on-street parking;

2. Authorize Staff to finalize parking/lane configuration and complete the work on Journey.

Fiscal Impact:

The cost for this work is estimated to not exceed $20,000 and would be paid with budgeted street maintenance Gas Tax funds.

Background:

In 2004 an Ad Hoc City Council Committee was formed to investigate and determine policy for parking on collector streets and considered such issues and characteristics as:
 traffic/pedestrian safety
 sight distance
 street widths
 posted speed limits
 adjacency to community parks
 adjacency to schools
 aesthetics
 differing land uses on opposite sides of a particular street On August 3, 2005, the City Council adopted Council Policy 800-2 Parking on Collector Streets. The policy provisions are as follows:
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Direct Staff to perform an engineering study and establish parking regulations in response to public requests for modifications to existing parking regulations on collector streets.

The engineering study shall be based on the following hierarchy of principles:

1. Public safety related to adequate sight distance.

2. Aesthetics.

3. Public convenience.

4. Land use adjacent to the collector street.
a. Parking can be prohibited adjacent to single family residential. b. Parking should be allowed adjacent to multi-family residential. c. Parking should be allowed adjacent to parks and other community activity centers.
d. Parking should be allowed adjacent to commercial and industrial land uses.

5. Existing center turn lanes on commercial/industrial streets are to be preserved.

The streets that principle #5 applied to included Argonaut, Columbia, Brookline and Journey. On April 2, 2014, City Council approved a request to allow on-street parking along all of Argonaut, approved a similar request on November 3, 2021, on Brookline, and most recently approved a request for Columbia on May 15, 2024.

Staff has now received a request from Webb’s Grainworks to make the change on Journey.

Discussion:

Journey is the last remaining street in the City where this lane configuration exists and could be modified to provide on-street parking. There have been and likely will continue to be requests for temporary street parking at both the Ice Palace and Webb’s Grainworks. There are also occasional events at City Hall that require temporary street parking.

At the May 15, 2024 meeting City Council indicated the change on Journey could be approved if an applicant was willing to contribute funds similar to Compass Bible Church on Columbia. That contribution was $5,000 towards the improvement of about 3,000 feet of street. Given the location and use, the full 3,000 feet of improvement is deemed beneficial to the church. On Journey, it is estimated only about 900 of the 3,000 feet to be improved would be beneficial to Ice Palace and Webb’s. Given this proportion, staff recommends that a $1,500 contribution would be comparable.

If this work is not approved to be completed now, staff recommends it be part of the next street improvement project currently scheduled in FY 2029-30.

Journey is wide enough to accommodate parking on both sides of the street. Areas close to intersections and driveways would be marked as no parking for safety purposes.

Although staff does not foresee any problems making changes to the street, in order to 127
60367.01100\34434765.2 Page 3 of 3
be implemented City Council must authorize work due to a conflict with principle #5, preserving existing center lanes.

Attachment:

1. Applicant Request
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City of Aliso Viejo

AGENDA ITEM
DATE: October 2, 2024
TO: Honorable Mayor and City Council Members
FROM: Scott C. Smith, City Attorney
Council Ad Hoc Committee (Mayor Pro Tem Ackley and Councilmember Duncan)
SUBJECT: APPOINTMENT OF MITZI ORTIZ AS CITY MANAGER AND APPROVAL

OF CITY MANAGER EMPLOYMENT AGREEMENT
Recommended Actions:

1. That the Council appoint Mitzi Ortiz (“Ortiz”) as Aliso Viejo City Manager; and

2. That the Council approve the City Manager Employment Agreement between the City and Ortiz memorializing the terms of her employment.

Fiscal Impact:

The annual base compensation provided in the City Manager Employment Agreement is $30,000 more than Ortiz’s current salary as Acting City Manager. This base compensation and benefits are contemplated in the Fiscal Year 2024-25 Budget.

Background:

The City Manager position became vacant on April 17, 2024. The City retained an outside consultant to assist with a recruitment for a new permanent City Manager. The City Council engaged in a formal and thorough competitive executive recruitment process to select a qualified candidate to fill the position of City Manager. Through that process, Ortiz was identified as the candidate most qualified and able to serve as City Manager. Ortiz has served as the Director of Government Services since 2020 and City Clerk for the City of Aliso Viejo since 2014, and has served as the Acting City Manager since April 17, 2024.

Discussion:

Following the selection of Ortiz subject to successful negotiation of the terms of employment, the City Council Ad Hoc Committee engaged in negotiations with Ortiz on the terms of her employment as City Manager. The parties reached agreement on the terms, and the City Council’s Ad Hoc Committee directed the City Attorney’s office to prepare an employment agreement setting forth the terms for Ortiz’s employment in the 130

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position of City Manager as provided in the attached City Manager Employment Agreement.

Ortiz has accepted the terms of employment included in the attached draft Agreement, subject to approval by the City Council.

Attachment:

1. City Manager Employment Agreement
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55842.00001\42734826.3

CITY MANAGER

EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”) is made and entered into on October 2, 2024, effective on October 3,2024 (the “Effective Date”), by and between the City of Aliso Viejo, a municipal corporation, hereinafter referred to as “City” and Mitzi Ortiz, hereinafter referred to as “Ortiz.” For purposes of this Agreement, City and Ortiz may be collectively referred to as the "Parties" or individually as a "Party."

RECITALS

1. It is the desire of the City Council of the City of Aliso Viejo (hereinafter the “City”) to employ an individual to serve in the position of City Manager, which position is prescribed by state law and the City's Municipal Code; and

2. The duties of the City Manager of the City are set forth in full in Title 2, Chapter 2.06 of the Aliso Viejo Municipal Code (“AVMC”), as it may from time to time be amended; and

3. Based on Ortiz's executive and administrative qualifications and ability, the City desires to employ Ortiz to serve as the City Manager for the City; and

4. It is the desire of the City to provide certain compensation and benefits, establish certain conditions of employment, and set forth working conditions of Ortiz; and

5. Ortiz desires to accept employment as the City Manager of the City of Aliso Viejo on the terms and conditions provided in this Agreement.

NOW, THEREFORE, IN CONSIDERATION OF PERFORMANCE BY THE

PARTIES OF THE COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS:

SECTION I. EMPLOYMENT AND DUTIES
A. City engages Ortiz as City Manager to perform the functions and duties specified in Title 2 of the AVMC as referred to in Recital 1 hereinabove and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign. Ortiz agrees to perform all such functions and duties to the best of her ability and in an efficient, competent, and ethical manner.

B. It is recognized by the Parties that the City Manager position remains an "exempt" classification under the overtime provisions of the federal Fair Labor Standards Act ("FLSA") and Ortiz shall not be entitled to any compensation for overtime nor subject to such overtime provisions of the FLSA.

SECTION II. TERM AND EXTENSION
A. The Term of this Agreement shall be for three (3) years, from October 3, 2024 through October 2, 2027, unless terminated in accordance with Section III and 132
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Chapter 2.06 of the AVMC as codified on the date of termination. On June 30, 2026, and on each succeeding June 30 while the term of this Agreement is in effect, this Agreement shall be automatically extended for one additional year unless prior to such date by a majority vote of the entire City Council in attendance at any lawfully called meeting, the City declares its intention not to extend this Agreement for one additional year. Such decision shall not constitute a termination for purposes of Section III of this Agreement.

B. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of Ortiz at any time, with or without cause, subject to the provisions of III of this Agreement, and Chapter 2.06 of the AVMC as codified on the date of termination.

C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the rights of Ortiz to resign at any time from her position with the City, subject only to the provisions set forth in Section III of this Agreement.

D. Ortiz agrees to remain in the exclusive employ of the City, and shall not become employed by any other employer, until this Agreement is terminated by the City according to the provisions set forth in Section III, paragraph A, or is terminated by Ortiz in accordance with Section III, paragraph C.

SECTION III. TERMINATION AND SEVERANCE PAY
A. Ortiz shall serve at the will and pleasure of the City Council. The City may terminate this Agreement at any time with or without cause, consistent with the procedures set forth in this Agreement and Chapter 2.06 of the AVMC, as codified on the date of termination. The City's right to terminate Ortiz shall not be subject to or in any way limited by past City practices related to the employment, discipline or termination of the City's employees. Ortiz is subject to termination at-will and is not entitled to any process, notice, or cause prior to or after termination. Nothing herein shall be construed to create a property interest, where one does not exist by rule of law in the position of City Manager.

1. Termination for Cause. The City may terminate this Agreement for cause at any time. The term "cause" shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: 1) breach of this Agreement, 2) willful or persistent material breach of duties, 3) résumé fraud or other acts of material dishonesty, 4) unauthorized absence or leave, 5) conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality), conviction of a misdemeanor DUI, or conviction of a felony, 6) violation of the City's anti-harassment policies and/or a finding that legally prohibited personal acts of harassment against a City official or employee or legally prohibited personal acts of discrimination against a City official or employee has occurred, 7) violation of the AVMC, ordinances, rules, and regulations, including but not limited to the City's Rules and 133
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Regulations of the Personnel System and Administrative Policies, 8) use or possession of illegal drugs, 9) engaging in conduct tending to bring embarrassment or disrepute to the City, 10) any illegal or unethical act involving personal gain, 11) pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted directions or policy decisions of the City Council, and 12) gross misfeasance or gross malfeasance. The City may, in its discretion, place Ortiz on paid or unpaid administrative leave until resolution of any criminal charges brought against Ortiz. If the City terminates for cause this Agreement and the services of Ortiz hereunder, the City shall have no obligation to pay Ortiz any severance.

2. Termination by City Without Cause. City may terminate this Agreement without cause pursuant to the provisions of Chapter 2.06 of the AVMC, as codified on the date of termination.

B. In accordance with Section III, paragraph A.2 above, upon termination by the City, and upon Ortiz’s agreement to waive all rights to further claims, remedies, or legal action against the City its officers and employees, Ortiz shall be entitled to a lump sum cash payment equal to six (6) months’ annual base salary; and six (6) months’ city-paid medical, dental, and vision coverage unless she finds other employment sooner than six (6) months. However, this provision is required to comply with Government Code section 53260, et seq., and therefore the maximum cash settlement that Ortiz may receive as severance shall be an amount equal to the monthly base salary multiplied by the number of months left on the unexpired term of the agreement and continuation of health benefits for the same period as the severance period. In the event Ortiz is terminated because of her conviction of any illegal act involving personal gain or is convicted of any felony or any misdemeanor involving moral turpitude (except minor traffic offenses), then, in that event, the City shall have no obligation to pay the aggregate severance sum designated in this paragraph or to provide benefits, nor will the City’s decision to terminate be subject to the notice or time limits in Chapter 2.06 of the AVMC. Ortiz shall be paid for all accrued and unused annual leave balances.

C. If Ortiz desires to resign her position with the City, she will provide the City with at least thirty (30) days written notice. In the event Ortiz resigns her employment with the City, Ortiz shall not be entitled to any severance pay except as specified in Section III, paragraph D below. However, Ortiz shall be paid for all accrued and unused annual leave balances.

D. In the event at any time during the employment term the City (1) reduces the salary or other financial benefits of Ortiz in a greater percentage than an applicable across- the-board reduction for all City employees, (2) refuses, following written notice to comply with any other provision of this Agreement or Chapter 2.06 of the AVMC benefiting Ortiz, or (3) requests the resignation of Ortiz and Ortiz resigns due to that request, Ortiz will be deemed “terminated” and be eligible for the severance pay provision of this contract.
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E. Pursuant to Government Code section 53243, et seq. which became effective on January 1, 2012, if Ortiz is convicted of a crime involving an abuse of her office or position, all of the following shall apply: (1) if Ortiz is provided with administrative leave pay pending an investigation, Ortiz shall be required to fully reimburse such amounts paid; (2) if City pays for the criminal legal defense of Ortiz (which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), Ortiz shall be required to fully reimburse such amounts paid; and (3) if this Agreement is terminated, any cash settlement related to the termination that Ortiz may receive from City shall be fully reimbursed to City. For this Section, abuse of office or position means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under color of authority; or (2) a crime against public justice, including a crime described in Title 7 commencing with section 92 of the Penal Code.

SECTION IV. COMPENSATION
A. Effective October 3, 2024, City agrees to pay Ortiz an annual base salary of Two Hundred Eighty Thousand dollars ($280,000.00) payable in installments at the same time as other employees of the City are paid.

B. City agrees it will conduct an annual performance review of Ortiz between May 1 and June 30 each year, subject to any extension of time by mutual agreement. The City Council and Ortiz shall jointly define such goals and performance objectives which they determine necessary for the proper operation of the City in the attainment of the City Council’s policy objectives, and the City Council and Ortiz shall establish the relative priority among those various goals and objectives. The prioritized policy objectives shall be reduced to writing, thereby forming the basis of Ortiz’s annual evaluation. Said goals and objectives shall be obtainable generally within the time limits as specified in the annual operating and capital budgets and appropriations approved by the City Council.

C. City agrees it will conduct an annual salary review in concert with an annual performance review of Ortiz between May 1 and June 30 of each year, subject to any extension of time by mutual agreement. Effective July 1, 2025, and annually thereafter, City agrees to consider whether to provide Ortiz with the same cost-of- living adjustment, if any, that is given to other exempt City employees.

D. Following the annual performance evaluation and the annual salary review set forth above, the City Council may increase Ortiz's base salary and benefits package based on the results of those annual reviews. Any adjustments in the base salary and/or benefits following the annual performance evaluation shall be at the sole discretion of the City Council.

E. The City shall pay to Ortiz the sum of Five Hundred Fifty Dollars ($550) per month as an automobile allowance and One Hundred Fifty Dollars ($150) per month as a FasTrak transponder allowance to utilize toll roads for City-related business. Ortiz will be provided with a City paid cell phone.
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F. City agrees to pay for comprehensive medical, optical, dental, life and long-term disability insurance for Ortiz and her dependents upon the same conditions as other employees generally. City agrees to pay for Public Employees Retirement System (“PERS”) on behalf of Ortiz at the same rate and upon the same conditions as other employees generally, which currently includes City’s payment of the PERS employee contribution. City agrees that Ortiz qualifies as a “Classic” employee (2% at 55 formula) under PERS.

G. City agrees to budget and to pay professional tuition, dues, subscriptions, travel and related expenses of Ortiz as determined by the City Council necessary for Ortiz’s full participation in national, regional, state and local associations and organizations necessary and desirable for her continued professional participation, growth and advancement and for the good of the City. In addition, City shall reimburse Ortiz for all actual and necessary expenses incurred by her in the performance of her official duties.

SECTION V. LEAVE
A. Ortiz shall be entitled to accrue two hundred forty (240) hours of annual leave each year beginning October 3, 2024. Additionally, within thirty (30) days of the execution of this Agreement, City agrees to pay to Ortiz any banked but unused annual leave accrued between July 1, 2024 and the Effective Date.

B. All provisions of City ordinances and regulations and rules of City relating to holidays, administrative leave, retirement programs, and working conditions as they now exist or hereafter may be amended, also apply to Ortiz in the same manner as other employees of City in addition to said benefits enumerated specifically for the benefit of Ortiz, except as herein provided.

SECTION VI. OTHER TERMS AND CONDITIONS
A. Section 2.06.040 of the AVMC requires the City Manager must establish residence that is located within the boundaries of Orange County and south of the 55 Freeway unless the City Council approves her residence elsewhere. Execution of this Agreement shall constitute the City Council’s approval of Ortiz residency outside the boundaries of Orange County and south of the 55 Freeway.

B. The City shall fix any other terms and conditions of employment, as it may determine from time to time, relating to performance of Ortiz, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, Chapter 2.06 of the AVMC, or any other applicable laws.

SECTION VII. GENERAL PROVISIONS
A. The text herein shall constitute the entire agreement between the parties.

B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Ortiz.
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C. This Agreement may be amended only in writing by mutual agreement of the City and Ortiz.

D. Should either party commence any legal action or proceeding against the other based upon this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees.

E. City shall indemnify and pay the cost of defending Ortiz for any tort, professional liability claim or other legal action, whether groundless or otherwise, arising out of the scope of Ortiz’s duties.

F. If any provision, or any portion thereof, contained in this agreement is held to be unconstitutional, invalid or unenforceable the remainder of this Agreement, or portion thereof, shall be deemed severable, and shall not be affected and shall remain in full force and effect.

IN WITNESS WHEREOF, the City has caused this agreement to be signed and executed on its behalf by its Mayor and approved as to form by its City Attorney and Ortiz has signed and executed this agreement, both in duplicate, as of the date first written above.

CITY:

By:_________________________________
Mike Munzing, Mayor
Ortiz:

By:_________________________________
Mitzi Ortiz
Approved as to Form:

By:_________________________________
Scott C. Smith, City Attorney
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Aliso Viejo City CouncilOctober 2, 2024

Aliso Viejo City Council
October 2, 2024