Garden Grove City Council
December 12, 2023

AGENDA
Garden Grove City
Council
Tuesday, December 12,
2023
6:30 PM
AMENDED - Community
Meeting Center 11300
Stanford Avenue Garden
Grove California 92840
Steve Jones
Mayor
George S. Brietigam
Mayor Pro Tem - District 1
John R. O'Neill
Council Member - District 2
Cindy Tran
Council Member - District 3
Joe DoVinh
Council Member - District 4
Stephanie Klopfenstein
Council Member - District 5
Kim B. Nguyen-Penaloza
Council Member - District 6
Meeting Assistance: Any person requiring auxiliary aids and services, due to a disability, to address the City Council, should contact the City Clerk's Office 72 hours prior to the meeting to arrange for accommodations. Phone: (714) 741-5040.

Agenda Item Descriptions
: Are intended to give a brief, general description of the item. The City Council may take legislative action deemed appropriate with respect to the item and is not limited to the recommended action indicated in staff reports or the agenda.

Documents/Writings
: Any revised or additional documents/writings related to an item on the agenda distributed to all or a majority of the Council Members within 72 hours of a meeting, are made available for public inspection at the same time (1) in the City Clerk's Office at 11222 Acacia Parkway, Garden Grove, CA 92840, during normal business hours; (2) on the City's website as an attachment to the City Council meeting agenda; and (3) at the Council Chamber at the time of the meeting.

Public Comments
: Members of the public who attend the meeting in-person and would like to address the City Council are requested to complete a pink speaker card indicating their name and address, and identifying the subject matter they wish to address. This card should be given to the City Clerk before the meeting begins. General comments are made during "Oral Communications" and should be limited to matters under consideration and/or what the City Council has jurisdiction over.

Persons wishing to address the City Council regarding a Public Hearing matter will be called to the podium at the time the matter is being considered.

Manner of Addressing the City Council
: After being called by the Mayor, you may approach the podium, it is requested that you state your name for the record, and proceed to address the City Council. All remarks and questions should be addressed to the City Council as a whole and not to individual Council Members or staff members. Any person making impertinent, slanderous, or profane remarks or who becomes boisterous while addressing the City Council shall be called to order by the Mayor.If such conduct continues, the Mayor may order the person barred from addressing the City Council any further during that meeting.

Time Limitation
: When any group of persons wishes to address the City Council on the same subject matter, the Mayor may request a spokesperson be chosen to represent the group, so as to

GARDEN GROVE
avoid unnecessary repetition.At the City Council's discretion, a limit on the total amount of time for public comments during Oral Communications and/or a further limit on the time allotted to each speaker during Oral Communications may be set.

PLEASE SILENCE YOUR CELL PHONES DURING THE MEETING.

AGENDA

COUNCIL MEMBER O'NEILL, COUNCIL MEMBER TRAN, COUNCIL

MEMBER DOVINH, COUNCIL MEMBER KLOPFENSTEIN, COUNCIL
MEMBER K. NGUYEN-PENALOZA, MAYOR PRO TEM BRIETIGAM, MAYOR JONES

INVOCATION

PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF

AMERICA

1. PRESENTATIONS

1.a. Community Spotlight in recognition of the Foods of Garden Grove Social Media Challenge winners.

2. ORAL COMMUNICATIONS (to be held simultaneously with other legislative bodies)

3. REORGANIZATION

3.a. Selection of Mayor Pro Tem. ( Action Item)
RECESS

CONDUCT OTHER LEGISLATIVE BODIES' BUSINESS

RECONVENE

4. CONSENT ITEMS
(Consent Items will be acted on simultaneously with one motion unless separate discussion and/or action is requested by a Council Member .)

4.a. Adoption of a Resolution for the Fiscal Year 2022-23 Measure M (M2) Annual Expenditure Report. ( Action Item)

4.b. Acceptance of the Various Streets Rehabilitation Project 2022 as complete. (Action Item)

4.c. Acceptance of the Carpet Flooring Project, 11277 Garden Grove, IFB No. S-1299 as complete. ( Action Item)

4.d. Authorization of the issuance of a purchase order to Kajeet, Inc., for the purchase and support of Cradlepoint Routers. (Cost:
$70,835.47) (Action Item)

4.e. Authorization of the issuance of an emergency purchase order to

General Pump Company for a water well pump replacement at Well #27. (Cost: $201,895.82) ( Action Item)

4.f. Approval of Amendments to the Facility Use Agreements with Esparza Soccer Academic, Inc. and Orion Sports, LLC. ( Action Item)

4.g. Approval of Lease Agreements with Enterprise Fleet Management for four vehicles. (Cost: $120,000) ( Action Item)

4.h. Receive and File the Fiscal Year 2022-23 Development Impact Fee Annual Report. ( Action Item)

4.i. Receive and file minutes from the meeting held on November 14, 2023. (Action Item)

4.j. Receive and file warrants. ( Action Item)

4.k. Approval to waive full reading of Ordinances listed. ( Action Item)

4.l. Acceptance of City Project No. CP1316000/Federal Project No.

CRAL 5328 (088) - Garden Grove Boulevard Rehabilitation from Harbor Boulevard to Fairview Street as complete. ( Action Item)

5. ITEMS FOR CONSIDERATION

5.a. Approve an Amendment to the Cooperative Agreement with Caltrans and award a construction contract to Quality Fence Co. for the Caltrans Fencing Improvement Project. (Cost: $789,888) (Action Item)

6. ORDINANCES PRESENTED FOR SECOND READING AND ADOPTION

6.a. Second reading and adoption of Ordinance No. 2948
Entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GARDEN GROVE AMENDING SECTIONS 14.12.010, 14.12.030,
AND 14.12.050 OF CHAPTER 14.12 OF TITLE 14 ("WATER") OF

THE MUNICIPAL CODE RELATING TO WATER RATES AND
CHARGES, AND METER FAILURES ( Action Item)

7. MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS, AND CITY

MANAGER

8. ADJOURNMENT

N EXT M EETI N G
The next Regular City Council Meeting is scheduled for Tuesday, January 9, 2024, at 5:30 p.m. in the Community Meeting Center, 11300 Stanford Avenue, Garden Grove, California 92840.

Happy Holidays!

Agenda Item - 4.a.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: William E. Murray
Dept.: City Manager Dept.: Public Works
Subject: Adoption of a Resolution for
the Fiscal Year 2022-23
Measure M (M2) Annual
Expenditure Report. ( Action
Item)
Date: 12/12/2023

OBJECTIVE
For the City Council to adopt a Resolution for Fiscal Year 2022-23 Renewed Measure M (M2) Annual Expenditure Report as required by the Local Transportation Authority Ordinance No. 3.

BACKGROUND
Per M2, each local agency is required to submit approved documentation to the Orange County Transportation Authority to maintain M2 eligibility for Local Fair Share appropriations and competitive grant funding.

DISCUSSION
Per Local Transportation Authority Ordinance No. 3, local jurisdictions are required to adopt an Annual Expenditure Report to account for beginning/ending balances, Local Fair Share distributions, transportation facilities fees, and Maintenance of Effort expenditures. The Expenditure Report has been prepared by the Finance Department and has been signed and certified by the Finance Director.

FINANCIAL IMPACT
There is no financial impact to adopt the Resolution for the Fiscal Year 2022-23 Measure M (M2) Annual Expenditure Report. Adopting the attached report is mandatory to receive M2 revenues and competitive grant funding.

RECOMMENDATION
It is recommended that the City Council:

Adopt the attached Resolution adopting the Fiscal Year 2022-23 Renewed Measure M (M2) Annual Expenditure Report; and

•

Authorize the Finance Director to submit the Renewed Measure M (M2) Annual Expenditure Report to the Orange County Transportation Authority.

By: Alexa Viramontes, Sr. Administrative Analyst
ATTACHMENTS:

Description Upload Date Type File Name
Resolution 12/4/2023 Resolution APPENDIX-G-ExpenditureReportResolution.docx Measure M2
Expenditure
Report FY22-23
12/6/2023 Backup Material FY2223_Garden_Grove_Expenditure_Report_signed_12- 6-23.pdf

•

GARDEN GROVE CITY COUNCIL
RESOLUTION NO._______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE CONCERNING THE MEASURE M2 (M2) EXPENDITURE REPORT FOR
THE CITY OF GARDEN GROVE.

WHEREAS, local jurisdiction s are required to meet eligibility requirements and submit eligibility verification packages to the Orange County Transportation Authority (OCTA) in order to remain eligible to receive M2 funds; and
WHEREAS, local jurisdictions are required to adopt an annual M2 Expenditure Report as part of one of the eligibility requirements; and
WHEREAS, local jurisdictions are required to account for Net Revenues, developer/traffic impact fees, and funds expended by local jurisdiction in the M2 Expenditure Report that satisfy the Maintenance of Effort requirements; and
WHEREAS, the M2 Expenditure Report shall include all Net Revenue fund balances, interest earned and expenditures identified by type and program or project; and WHEREAS, the M2 Expenditure Report must b e adopted and submitted to the OCTA each year within six months of the end of the local jurisdiction’s fiscal year to be eligible to receive Net Revenues as part of M2.

NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Garden Grove does hereby inform OCTA that:
a) The M2 Expenditure Report is in conformance with the template provided in the Measure M2 Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year, and balances at the end of fiscal year. b) The M2 Expenditure Report is hereby adopted by the City of Garden Grove. c) The City of Garden Grove Finance Director is hereby authorized to sign and submit the M2 Expenditure Report to OCTA for the fiscal year ending June 30, 2023.

PASSED, APPROVED, AND ADOPTED THIS _____ day of ___________,_______.

City of Garden Grove
M2 Expenditure Report
Fiscal Year Ended June 30, 2023
Beginning and Ending Balances
Description
Bala11ces at Beginnin~ of Fiscal Year
A-MI Freeway Projects 1 $
0 I RE?&i<:>nc1I Cc1pc1~ity Program (RCP) 2 $
p I Regional Traffic Signal Synchronization Program (RTSSP) 3 Q Local Fair Share 4 $
R Hi15h Frequency Metrolink Service 5
s Transit Extensions to Metrolink 6
T Convert Metrolink Station(s) to Regional Gateways that 7 connect ()rc1n&e ~CJ~rity with ~i&~~Speed Rail Systems
enior Mobility Program or Senior Non-Emergency Medical 8 $ r()&~alll
V Community Based Transit/C.irculators 9
w Safe Transit Stops 10
X Env.i.ron111E?D.t.c11 .... ~I.E?.c1riup prCJ&.rarn. (IJ!ate.rquality) 11 Other* 12 $
Balances at Begi1111it1ft<lf Fiscal Year 13 $ ..

Monies Made Available During Fiscal Year 14 $
Total Monies Available (Sum Lines 13 & 14) 15 $
Expenditures During Fiscal Year 16 $
Balances at End of Fiscal Year
A-MJFreeway Projects 17 $
0 Re.&i.on .. a .. 1.~apacityPro~ram (RCP) 18 $
p Regional Traffic Signal Synchronization Program (RTSSP) 19 $ Q Local Fair Share 20 $
R High Frequency Metrolink Service 21 $
s Transit Extensions to Metrolink 22 $
T Convert Metrolink Station(s) to Regional Gateways that 23 $ connect Orc1n15~ ~Cl~rity \,\/ith High-Speed Rail Systems u Senior Mobility Program or Senior Non-Emergency Medical 24 $ Program V ~ommunity Based Transit/Circulators 25 $
w Safe Transit ?tClps. 26 $
X Environme.ntal Clean~p Pr()&ram (Water Quc1lity) 27 $ Other* 28 $
Schedule 1
$
(820!061) $
$
1(656,144 $
$
$
$
361,727 $
$
$
$
2,070,684 $
.......... ?t.?.Ei.? !.4.~.~ .. $
4,233,482 $ 105,910
...... ..?r?.9~1~?§ $ 19!5!910
3,102,231 $ 105,910
$
.. .... J~?9i§?11 $
$
3,370,272 r·
$
$
$
385,610 $
$
$
$
1,464,544 $
* Please provide a specific description: This pertains to Traffic Mitigation Fees net of expenditures related to the street lights and traffic signal improvements.

City of Garden Grove M2 Expenditure Report
Fiscal Year Ended June 30, 2023
Sources and Uses
Schedule 2
Description
Revenues:

A-.MJ Free1NayProj~cts
0 I Regional Capacity Program (RCP)
p TR;gion~i Tr~ffi~ signai Syn~hr~ni~ation Program (RTSSP) Q IL~c~I Fair Sh~r~
R j Hiish Frequency Metrolink Service
S !Transit Extensions to Metrolink
T !Convert Metrolink Station(s) to Regional Gateways that connect !Orange County with High-Speed Rail Systems
U !senior Mobility Program or Senior Non-Emergency Medical Program V !Community Based Transit/Circulators
W ;Safe Transit Stops ...
>< .. l Environmental CleanupProgram (Water Quality)
I other*
TOTAL REVENUES (Sum lines 1 to 12)
~~""ayy~()j ~cts
Regional Capacity Pro~ram (RCP)
J Regional Traffic Signal Synchronization Program (RTSSP) i Local Fair Share
R J~ii:;h Frequen~y rvletrolink Service
S !Transit Extensions to Metrolink
T l<=~n~~;t Metrolink Station(s) to Regional Gateways that connect !Orange County with High-Speed Rail Systems
u Ts~ni~r M~bility ~r~gr~m ~r S~ni~r N;n-Em~i-ti~ncy Medical Program V ]Community Based Transit/Circulators .

W !Safe Transit Stops
X I Environmental Cleanup Program (Water Quality)
)other*
TOTAL EXPENDITURES (Sum lines 14 to 25)
TOTAL BALANCE {Subtract line 26 from 13)
$ -$
$ -$
$ ................................. -$
$ .?L~.?.?.,.19~... $
$ -$ ....
$ - $
7 $
8 $
9 $
10 $
11 $
12 $
13 $
14 $
15 $
16 $
17 $
18 $
19 $
20 $
21 $
22 $
23 $
24 $
25 $
26 $
27 $
- $
227,183
- $
- $
- $
539,898 $
4,233,482 $
- $
620 $ •••
- $
~!.752.,.273 $
-$
- $
- $
203,300 $
- $
- $
- $
1,146,038 $
3,102,231 $
1,131,251 $
* Please provide a specific description: Revenue received pertains to Traffic Mitigations Fees (Fund 211) collected.

Expenditures were related to the street lights and traffic signal improvements. 38,582
105,910
67,328
38,582
105,910

City of Garden Gro ve
Type of Expenditure
Indirect and/or Overhead
Construction & Right-of-Way
Line
No. MOE

2.256,763
Developer/
Impact Fees•
- $
0 620
0 Interest
M2 Expenditure Report
Fiscal Year Ended June 30, 2023
Streets and Roads Detailed Use of Funds
Interest Q
- $ - $ - $
Schedule 3
Q
Interest
Other Other X X MZ'
M2 Other• TOTAL Interest Intere st
$ $ $ $ $ $ 2,257,383
----------l- •-'"+'-'.....,.._1...---1---------➔-----t· ---~-- --· -----~ ""1------ -1~ New Street Construction $ $ $ $ $ $ s
Street Reconstruction
Signals, Safety Devices, & Street Lights
Pedestrian Ways & Bikepaths
Storm Drains
Storm Damage
Total Constr uction 1
Right of Way Acquisition
Total Construction & Right-of-Way
Maintenance
Patching
Overlay & Sealing
Street lights & Traffic Signals
Storm Damage
Other Street Purpose Maintenance
Total Maintenance
1 Other
GRAND TOTALS (Sum Lines 1, 10, 16, 17)
Finance Director Confirmation
1 Includes direct charges for staff time
2 Other M2 includes A·M, R,S,T,U,V, and W
+ Transportation related only
• Please provide a specific description
$ 951,312 $ 1,552,273 67,328 $ $ s 2,570,913
4 $ $ $
5 $ $ $ $ $ ............ ,._ ... ........... ....... ·-"·-··· $ $ $ s
$ $ $ $ $
8 951,312 1,552,273 s 67,328 $ s $ $ 2,570,913
9 $ $ s s $ s s
10 951,312 $ 1,552,273 s 67,328 s s s s 2,570,913
--- ----11 $ $ $ $ s $ s
12 $ $ $ $ s s s
13 $ 1,103,940 $ $ $ s $ s 1,103,940
14 $ $ $ $ $ $
15 $ 5,259,464 $ s 200,000 .00 s $ $ 5,459,464
16 $ 6,363,404 $ $ s 200,000 s s s 6,563,404
17 $ $ $ 203,300 1,184,620 $ 1,387,920
18 $ 9,571,479 $ 620 1,752,273 67,328 s s 203,300 $ 1,184,620 $ 12,779,620 Any California State Constitution Article XIX streets and road eligible expenditure may be "counted" in local jurisdiction s' calculation of MOE if the activity is supported (funded) by a local jur isdictions ' discretionary funds (e.g. general fun d). The California State Controller also provides useful information on Article XIX and the Streets and Highways Code eligible expenditures in its "Guidelines Relating to Gas Tax Expenditures for Cities and Counties". I have review ed and am aware of these 19 guidelines and their applicability in calculating and reportin g on Maintena nce of Effort expenditures .

Finance Director init ial: _ ._n(,.,• R-=b,'-­,., -
\ Legend
Project
A-M
0 p
Q
R
s
T
u
V
w
X
Description
Freeway Projects
Regional Capacity Program (RCP)
Regional Traffic Signal Synchronization Program (RTSSP) loca l Fair Share
High Frequency Metrolink Service
Transit Extensions to Metrolink
Convert Metroli nk Station(s) to Regional Gateways that connect Orange County with High•Speed Rail Systems
Senior Mobility Program or Senior Non•Emergency Medical Program Community Based Transit/Circulators
Safe Transit Stops
Environmental Cleanup Program (Water Quality)

City of Garden Grove
CIP-22-STREET REHAB
M2 Expenditure Report
Fiscal Year Ended June 30, 2023
Local Fair Share Project List

PROJECT NAME AMOUNT EXPENDED
$ ................. ??~!?~~ :09
$ 632.00
••••••• $ 399!5,06.90,

CIP-ACACIA STREET IMPROVEMENT
CIP-CHAP REHAB SPRINDAl WESTRN

CIP-HAZARD REHABILITATION
c1.~.-WESTMINSTR.REHB.:.tv1GNl~/~s~~q ...

CIP-CHAPMAN REHAB lANDSCP MAINT
CP-Mlll AND Fill PROJECTS
$ ... . ~??,i25:5:3
.. ·•·· ··•·· } •••• 3?,0.62:?9.
$ , ...... ··••·· ... 200,000.00 •••• ·••·· $ ??15~2.00 ............ , ... , .. ,,.,.,,,,,,,,,, .. ,,,.,,,,,,.,, ...... ,,,,,.,,.~--·······························································•·""""·""""·········--~-,.,,, .. $ 1,819,601.02
Schedule 4

City of Garden Grove
I hereby certify that:

M2 Expenditure Report
Fiscal Year Ended June 30, 2023
Signature Page
il'l All the information attached herein and included in schedules 1 through 4 is true and accurate to the best of my knowledge;
0 The interest earned on Net Revenues allocated pursuant to the Ordinance shall be expended only for those purposes for which the Net Revenues were allocated;
ii Th~County of @~ ~ is aware of the State Controller's "Guidelines Relating to Gas Tax Expenditures for Cities and Counties
11 , which is a guide for determining MOE Expenditures for M2 Eligibility purposes;
0 The City/County's Expenditure Report is in compliance with direction provided in the State Controller's "Guidelines Relating to Gas Tax Expenditures for Cities and Counties; 11 and
~The(Q!yiCounty of ~ ~ has expended in this fiscal year an amount of local discretionary funds for streets and roads purposes at least equal to or exceeding the FY 2022-23 MOE benchmark dollar amount
11 .

Patricia Song
Director of Finance (Print Name) Date
Signature
11 Jurisdictions are encouraged to submit MOE eligible expenditures higher than their MOE benchmark, so that should certain expenses be ruled ineligible during an MOE audit, the local jurisdiction still has sufficient MOE expenditures to demonstrate continued achievement of the MOE benchmark.

Agenda Item - 4.b.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: William E. Murray
Dept.: City Manager Dept.: Public Works
Subject: Acceptance of the Various
Streets Rehabilitation Project
2022 as complete. ( Action
Item)
Date: 12/12/2023

OBJECTIVE
For City Council to accept the above project as complete and authorize the City Manager to execute the Notice of Completion of Public Improvement and Work.

BACKGROUND
The Various Streets Rehabilitation 2022 project included: Newland Street from Trask Avenue to Garden Grove Boulevard (Project No. CP1322000); Mays Avenue from Yockey Street to Magnolia Street (Project No. CP1323000); Hazard Avenue from Bushard Street to Ward Street (Project No. CP1296000); McFadden Avenue from Ward Street to 600 feet east (Project No. CP1296000); Chapman Avenue from Nelson Street to 9th Street (Project No. CP132000); and Lampson Avenue from Harbor Boulevard to Haster Street (Project No. CP1297022).

On June 14, 2022, the City entered into a contract with R.J. Noble Company, a general contractor for the construction of these projects. Each street segment had different rehabilitation measures applied and involved some or most of the following elements: full depth reclamation and cement treatment, street section removal and replacement ("dig outs"), cold milling and asphalt paving, repair of damaged sidewalk, curb and gutter, cross gutter, upgrade of access ramps, installation of CCTV Cameras, catch basin debris screens, adjustment of utility covers to finish grade, restoration of traffic signing, striping, pavement markings, reestablishment of centerline ties, and monuments.

A portion of work on Hazard Avenue lies within the shared boundary with the City of Westminster. The City of Westminster was responsible for a portion of the cost of the proposed street improvements with the approval of cooperative agreement on May 24, 2022.

DISCUSSION

The contractor, RJ Noble Company, has completed the improvements in accordance with the plans, specifications, and other contract documents.

FINANCIAL IMPACT
There is no impact to the General Fund. These improvements were included in the Fiscal Year 2022-23 Capital Improvement Plan budget and was funded by Measure "M2 Local Fair Share," Gas Tax, Red Light Camera fees, and the City of Westminster’s pro-rata share.

RECOMMENDATION
It is recommended that the City Council:

Accept Various Streets Rehabilitation 2022 Project as complete;

Authorize the City Manager to execute the Notice of Completion of Public Improvement and Work; and

Authorize the Finance Director to release the retention payment when appropriate to do so.

By: Navin Maru, Associate Engineer
ATTACHMENTS:

Description Upload Date Type File Name
Notice of Completion 11/29/2023 Notice NOC_2022_VARIOUS_STREETS.pdf

•
•
•

RECORDING REQUESTED BY
When Recorded Mail To:

City Clerk
City of Garden Grove
P. 0. Box 3070
Garden Grove, CA 92842

NOTICE OF COMPLETION

OF PUBLIC IMPROVEMENT AND WORK
NOTICE IS HEREBY GIVEN that the City of
Garden Grove, Orange County, California, has caused a
public improvement, to wit:

Various Streets Rehabilitation 2022 Project
to be constructed upon the property hereinafter described. The contract for furnishing of all labor, services, materials, and equipment, and all utilities and transportation, including power, fuel, and water, and performing all work necessary to construct and complete, in a good and workmanlike manner in strict accordance with the specifications, plans, and drawings therefore on file in the office of the City Clerk of the City of Garden Grove, for the construction, installation and completion of the above-described public improvement and work, was heretofore made and entered into with RJ Noble Company on the 14th day of June, 2022, and filed for record in the office of the City Clerk of the City of Garden Grove; that the work upon said public improvement has been completed, and that the City Engineer has notified the City Council that he has made and completed a final inspection of the materials furnished and installed and the work performed in the construction, installation, and completion of said public improvement hereinabove more particularly described and set forth, and has certified in writing to the City Council that all the provisions of the contract and contract documents for the furnishing of all labor, services, materials, and equipment, and the performing of all work necessary for the construction, installation, and completion of said public improvement above described have been fully complied with to his satisfaction as required by the contract document; that final acceptance of the construction, installation, and completion of said public improvement above described was made on the 12th day of December 2023 that the nature of the title to said property of said City of Garden Grove is as follows: That is to say, it owns said public improvement in fee except the right-of-way upon which it is constructed, and that it owns an easement upon, over, and along said right-of-way for the purpose of the construction, installation, and completion of said public improvement hereinabove described and the use thereof after said completion; that the property hereinabove referred to and on which said public improvement is situated is described as follows, to wit:

Various Streets Rehabilitation 2022 Project

NAME OF SURETY on Labor and Material Bond is: Western Surety Company 2 Park Plaza, Suite 400
DATED this
ATTEST:

City Clerk of the City of Garden Grove

STATE OF CALIFORNIA

COUNTY OF ORANGE
Irvine, CA 92614
Tel No. (949) 399-4970
______ day of _______ 20

CITY OF GARDEN GROVE
By-------------
City Manager of the City of Garden
Grove
I am the City Engineer of the City of Garden Grove.

I have read the foregoing Notice of Completion of Public Improvement and Work, and know the contents thereof; and I certify that the same is true of my own knowledge, except as to those matters, which are therein stated upon my information or belief, and as to those matters I believe to be true.

I certify (or declare), under penalty of perjury, that the foregoing is true and correct.

Executed on December 12 2023
(Date)
Agenda Item - 4.c.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Ursula Luna-Reynosa
Dept.: City Manager Dept.: Director of Economic
Development and Housing
Subject: Acceptance of the Carpet
Flooring Project, 11277
Garden Grove, IFB No. S-
1299 as complete. ( Action
Item)
Date: 12/12/2023

OBJECTIVE
For City Council to accept Carpet Flooring Project, IFB No. S-1299, 11277 Garden Grove, as complete and authorize City Manager to execute the Notice of Completion of Public Improvement and Work.

BACKGROUND
On December 13, 2022, a construction contract was awarded to Continental Flooring Company, dba Arizona Continental Flooring Company (Contractor) for $99,888 for public improvements that included the removal and installation of carpeting material as required by the plans and specifications for the City facility located at 11277 Garden Grove Boulevard.

DISCUSSION
The Contractor has completed the work in accordance with the plans, specifications, contract, and other related documents.

FINANCIAL IMPACT
There is no financial impact to the General Fund. The Project was completed within the budget. The retention payment will be released per schedule after recordation of the Notice of Completion.

RECOMMENDATION
It is recommended that the City Council:

Accept the Carpet Flooring Project, IFB No. S-1299, located at 11277 Garden Grove as complete;
Authorize the City Manager to execute the Notice of Completion of Public Works

•
•
Improvements and Work, and
Authorize the Finance Director to release the retention payment when appropriate to do so.

ATTACHMENTS:

Description Upload Date Type File Name
Notice of Completion 12/5/2023 Notice
City_of_Garden_Grove_-
_Continental_Flooring_Company_-
_11277_Garden_Grove_IFB_S-
1299_-_Notice_of_Completion_-
_December_4__2023_(2).pdf

•

RECORDING REQUESTED BY

When Recorded Mail To:

City Clerk This document is exempt from
City of Garden Grove payment of recording fee pursuant
P. O Box 3070 to Section 27383 of the Government
Garden Grove, CA 92842 Code. By:

NOTICE OF COMPLETION

OF PUBLIC IMPROVEMENT AND WORK

NOTICE IS HEREBY GIVEN that the City of Garden Grove , Orange County, California, has caused an interior office improvement project, to wit:

IFB NO. S-1299
11277 Garden Grove Carpet Flooring Project, IFB No. S-1299

Notice is hereby given by the undersigned that the 11277 Garden Grove Carpet Flooring Project, IFB No.S-12 99 has been completed. The contract for furnishing of all labor, services, materials, equipment, transportation, and installation, and performing all work necessary to construct and complete, in a good and workmanlike manner in strict accordance with the specifications and drawings therefore on file in the office of the City Clerk of the City of Garden Grove, for the construction, installation, and completion of the above-described public improvement and work, was heretofore made and entered into with Continental Flooring Company, dba Arizona Continental Flooring Company , on the 13th day of December, 2022, and filed for record in the office of the City Clerk of the City of Garden Grove; that the work upon said public improvement has been completed, and that the City Staff has notified the City Council that City Staff has made and completed a final inspection of the materials furnished and the work performed in the construction, installation, and completion of said public improvement hereinabove more particularly described and set forth, and has certified in writing to the City Council that all the provisions of the contract and contract documents for the furnishing of all labor, services, materials, equipment, transportation, installation, and the performing of all work necessary for the construction, installation, and completion of said public improvement project above described have been fully complied with to City Staff satisfaction as required by the contract document; that final acceptance of the construction, installation, and completion of said public improvement project above described was made on the 12th day of December 2023; that the nature of the title to said property of said City of Garden Grove is as follows: That is to say, it owns said improvement in fee upon which it was constructed of said public improvements and work hereinabove described and the use thereof after said completion; that the property hereinabove referred to and on which said public improvements is situated is described as follows, to wit:

IFB NO. S-1299
11277 Garden Grove Carpet Flooring Project IFB No. S-1299

NAME OF SURETY on Labor and Material Bond is: Employers Mutual Casualty Company ATTENTION: Joseph A. Clarken III
7220 North 16th Street, Building K
Phoenix, AZ 85020
Tel. No. (480) 878-4226

DATED this day of 20

CITY OF GARDEN GROVE

By
Lisa L. Kim
City Manager
ATTEST:

By
Teresa Pomeroy
City Clerk

STATE OF CALIFORNIA

COUNTY OF ORANGE

I am the Director of Economic Development and Housing Department.

I have read the foregoing Notice of Completion of Public Improvement and Work, and know the contents thereof; and I certify that the same is true of my own knowledge, except as to those matters, which are therein stated upon my information or belief, and as to those matters I believe to be true.

I certify (or declare), under penalty of perjury, that the foregoing is true and correct.

Executed on December 12, 2023 at Garden Grove , California (Date) (Place)

Ursula Luna-Reynosa
Director of Economic Development and
Housing Department

Agenda Item - 4.d.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Anand Rao
Dept.: City Manager Dept.: Information Technology
Subject: Authorization of the issuance
of a purchase order to
Kajeet, Inc., for the purchase
and support of Cradlepoint
Routers. (Cost: $70,835.47)
(Action Item)
Date: 12/12/2023

OBJECTIVE
To secure City Council authorization to purchase sixty six (66) new and unused Cradlepoint Routers including three years support in the amount of $70,835.47 from Kajeet, Inc., pursuant to IFB No. S-1318.

BACKGROUND
Cradlepoint Routers provide reliable and secure internet connectivity to City Patrol Cars and other remote locations throughout the City. The Cradlepoint Routers provide all data connectivity to Police vehicles and substations and provide real-time GPS vehicle location to policy systems. The IBR1100 model, which was first deployed in 2015, reached End of Support on May 31, 2023.

DISCUSSION
The IBR1100 models that are currently deployed reached End of Support on May 31, 2023. As such, they have not received any software updates since then, making them vulnerable to any newly discovered security flaws and bugs. In addition, they will be depreciated at the end of 2024 and will no longer function.

To ensure that there is no impact to Police operations, the outdated IBR1100 needs to be replaced with the current IBR900 model.

IFB No. S-1318 was issued on October 4, 2023 for sixty-six (66) Cradlepoint Routers and t wenty five (25) bids were received. All bids were found to be responsive.

The top three bid results were as follows:

Bidders for IFB No. S-1318 Cradlepoint Routers

I

COMPANY TOTAL COST
Kajeet, Inc. $70,835.47
RCN Communications LLC $71,914.24
Zones, Inc. $77,377.75

FINANCIAL IMPACT
The cost to acquire the routers is $70,835.47. The purchase has been appropriated in the Police Department’s Fiscal Year 2023-24 adopted operating budget, within the General Fund.

RECOMMENDATION
It is recommended that the City Council:

Authorize the Finance Director to issue a purchase order in the amount of $70,835.47 to Kajeet, Inc. for the purchase of sixty-six (66) Cradlepoint IBR900 Wireless WAN Routers with three years support

•
Agenda Item - 4.e.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: William E. Murray
Dept.: City Manager Dept.: Public Works
Subject: Authorization of the issuance
of an emergency purchase
order to General Pump
Company for a water well
pump replacement at Well
#27. (Cost: $201,895.82)
(Action Item)
Date: 12/12/2023

OBJECTIVE
To receive City Council approval of an emergency purchase order for a water well pump replacement at Well #27 Reservoir, located within Magnolia Park on Chapman Avenue and Magnolia Street.

BACKGROUND
The Garden Grove Public Works Department’s Water Services Division (“Division”) owns and operates the water system that provides water services throughout the city.

The Division operates 17 total water production facilities, 13 wells, 5 pump stations, 8 reservoirs that hold approximately 53 million gallons of water. On July 31, 2023, a pump failure had occurred. General Pump Company was called out to diagnose the pump. The well pump was reported to be operating under deficient conditions, which affects its reliability and will require a replacement. The total cost for the completed diagnosis work performed is $8,245.13. On November 29, 2023, the contractor was ordered to begin the replacement process by cleaning and video inspecting the pump, which may result in additional work needed depending upon inspection results.

DISCUSSION
The continued operation of Well #27 is needed to supply water to the central area within the city. Due to this nature of work, the well pump replacement is considered emergency work and is scheduled for replacement. Failure to conduct this emergency work will result in the inability to pull groundwater from the well. Hence, affecting the safety, health and property of the community at large. Therefore, staff is seeking to designate these costs as emergency repairs and issue an emergency purchase order.

FINANCIAL IMPACT
There is no impact to the General Fund. The total cost of this emergency water well replacement is approximately $193,650.69, plus the completed diagnosis work in the amount $8,245.13, for a total of approximately $201,895.82. A 10 percent contingency will be applied for unexpected additional work identified during the inspection. This amount will be absorbed in the City’s adopted FY 2023-24 Water Enterprise Budget.

RECOMMENDATION
It is recommended that City Council:

Authorize an emergency purchase order with General Pump Company for a water well pump replacement at Well #27, in the total amount of $201,895.82 with a 10% contingency.

By: Samuel Kim, P.E.

Deputy Public Works Director/Water Services Manager

ATTACHMENTS:

Description Upload Date Type File Name
Invoice and Quote 11/30/2023 Backup Material General_Pump_Invoices.pdf

•

159 N. ACACIA STREET * SAN DIMAS, CA 91773
PHONE: (909) 599-9606 * FAX: (909) 599-6238

CAMARILLO, CA 93010 * PHONE: (805) 482-1215
www.genpump.com

WELL & PUMP SERVICE SINCE 1952 Lic. #496765
Serving Southern California and Central Coast

November 15, 2023 Job 15990

City of Garden Grove
11222 Acacia Parkway
Box 3070
Garden Grove, CA 92642
Attn: Robert Bermudez

Subject: Well 27

General Pump Co . is pleased to p rovide the engineering estimate for the above reference well.

Please see associated cost below.

Engineering Inspection

• The 3-stage Peabody Floway has significant damage to the hydraulic seals. The impellers seal rings are worn and oversized. The impellers suffer significant damage due to heavy vibration. The bowl seal rings are worn/ oversized. The bowl bearings are worn. The bowl shaft has significant wear among the bearing journals. The bowl assembly exceeds manufacturer tolerances and requires replacement. GPC recommends replacing with upgraded material selection ( i.e., 201SS impellers) for increased durability.
• The pump is equipped with a 14”x 10’ pipe, and a 3’ SS strainer. The strainer is damaged. The strainer and suction pipe requires replacement.
• All 200' of the 14" column pipe had to be cut for removal and requires replacement. • The 14" X 3" black widow spiders are not reusable and require replacement. • The 3” tube and 1-15/16 line shafts had to be cut out during removal and require replacement. • The 14" x 2' top column pipe was cut. A new top pipe is required. • The Peabody Floway 14" O/L cast discharge head is in good condition. The discharge of the head requires a 14”, 300 # full face gasket. The head is reusable following reconditioning which includes removing the top pipe from the head, steam cleaning the head , wire wheeling the machined mating surfaces , cleaning, and tapping the bolt holes, painting and prepping the head for installation.
• The cut top tube is still attached to the tube tension plate assembly. The tension bearing has a large amount of pipe wrench marks. The tension plate assembly is not showing any wear and is in serviceable condition. The tension assembly needs to be sandblasted; bolt holes tapped prepped for installation.

Robert Bermudez
City of Garden Grove
November 15, 2023
Page -2-

Engineering Inspection - Cont.

• The motor is a 350 Hp GE motor. The motor megs low. Motor needs to be sent out to Delta Motor Co. for inspection and/or repairs.
• The pump was equipped with 1/4 SS airline set at 202'. New airline is required.

Shop labor

• Pressure-wash and prepare bowls for disassembly 2 Hrs. • Tear down and inspect bowls; provide report and recommendations 6 Hrs. • Engineering inspection and report N/C
• Unload and stage new pump materials; quality assurance 6 Hrs. • Check proper fit of new suction pipe and strainer, weld lugs and prepare for installation 2 Hrs.
• Tear down and inspect new bowls; reassemble and
prepare for installation 8 Hrs.
• Check proper fit of new column pipe; steam-clean
and tighten couplings 6 Hrs.
• Uncrate, stage, and check proper fit of new line shafts 3 Hrs. • Unbox new line shaft couplings; apply anti-seize
on threads and install on shafts 4 Hrs.
• Test fit Column Reducing Bushing prior to installation 2 Hrs. • Set-up and stab shafting assemblies in column pipe; stage equipment 6 Hrs. • Unbox and check proper fit of column shaft tube centralizers 1 Hr. • Machine new 3" top tube 5 Hrs.
• Remove top column nipple from discharge head 3 Hrs.
• Clean and recondition the Victaulic and discharge flange 5 Hrs. • Machine new top column pipe (TBE, NO TOP FLANGE ) 6 Hrs. • Install top nipple assembly on discharge head 4 Hrs.
• Chase threaded holes on discharge head, paint to finish, and prepare for installation 4 Hrs.
• Fit and fabricate new SS CAL-OSHA Window Screens 2 Hrs. • Rebuild existing tube tension assembly to OEM standards 5 Hrs. • Machine new head shaft; install nut & key and
prepare for installation 6 Hrs.
• Handle client's motor: load, unload, stage, and prepare for installation 1 Hr. • Check proper fit of new Airline assembly; gather bracket and fittings and prep for installation 1 Hr.
• Clean and recondition components in parts bucket/Replace as necessary 2 Hrs. • Gather necessary gaskets, fittings, and bolting to accommodate pump installation 2 Hrs.
• Dispose leftover junk materials 2 Hrs.

Est. 94 Hrs. @ $125 $ 11,750.00

Robert Bermudez
City of Garden Grove
November 15, 2023
Page -3-

Materials

• 10" 316SS Cone Strainer $ 1,210.00
• 10" X 10' X .279" TOE NPT Suction Pipe 886.00
• HYDROFLO 14HH 5 STG O/L 24,524.00
• 14" X 5' X .500" TBE Butt Nipple 1,496.00
• 14" X 20' X .437" TNC Butt Pipe 35,806.00
• 3" x 5' Oil Tube 219.00
• 3" X 1-15/16" X 20' T&S Assemblies 22,119.00
• 12" X 14" Column Reducing Bushing 1,740.00
• 12" X 20' X .375" TNC Butt Pipe 3,190.00
• 14" BWS Centralizer 624.00
• 14" Column pipe butt coupling 389.00
• Materials to Refurbish 14" Discharge Head 410.00
• Stainless-Steel Material for CAL-OSHA Screens 187.00
• Materials to Rebuild 3" Stretch Assembly 325.00
• Material for Stainless-Steel High-Pressure By-Pass Line 95.00 • 1-15/16" 416SS Head Shaft w/ Nut & Key 1,862.00
• 1/4" SS Airline Assembly w/ Gauge, Bracket, and Fittings 1,725.00 • 14", 300# Discharge Gasket w/ Grd 5 Nut & Bolt Kit 129.00 • Mobil DTE 32 Motor oil 154.00
• J-Box Electrical Connection Kit 435.00
• Consumables (Grease, Sealer, Solvent, Etc…) 125.00
• Shipping & Handling 425.00
• Sales Tax @ 8.75% 8,581.56 $ 106,656.56

Outside Service

• Rewind existing GE 350HP Motor – 2 yr. Warranty Estimated $ 24,000.00

Wire Brush Well Casing

• Wire brush well with chlorine utilizing 2 new
wire brushes and chlorine dispenser –
Equipment, Travel, Labor - 3 days $8,200/Day $ 24,600.00 • 2 New wire brushes & Chlorine 1,990.00 • Sales Tax @ 8.75% 174.13 $ 26,764.13

Robert Bermudez
City of Garden Grove
November 15, 2023
Page -4-

Field Labor - Install

• Load out new pump equipment.
• Mobilize to site and set up crane for installation.
• Confirm lock out / Tag out electrical.
• Proceed with pump & motor installation.
• Tie in discharge piping as required.
• Tie in electrical connections, check rotation, take lift. • Start Up and testing.

4-Man Crew, 40T Crane, Support Rig,
Flatbed Truck, & Service Truck Est. - 20 Hrs. @ $1,080/Hr. $ 21,600.00 O.T. 4-Man crew 4 Hrs. @ $ 280/Hr. 1,120.00 Electrician & Service truck 8 Hrs. @ $ 220/Hr. 1,760.00

Total Labor & Materials $ 193,650.69

Should you have any questions or need additional information regarding the above summary and associated cost, please do not hesitate to contact us. Thank you.

GENERAL PUMP COMPANY, INC.

Mark Haas

Mark Haas
Project Manager

159 N. ACACIA STREET, SAN DIMAS, CALIFORNIA 91773

INVOICE
30787
PROJECT:

BILL TO:

NON-TAXABLE AMOUNT:

TAXABLE AMOUNT:

SALES TAX:

AMOUNT DUE:

DUE DATE: TERMS:

LICENSE:

WELL 27

CITY OF GARDEN GROVE
BOX 3070
11222 ACACIA PARKWAY
GARDEN GROVE CA 92642
496765
11/30/2023
P240550
8,082.00
150.00

13.13 8,245.13
30DY
10/31/2023
INVOICE NO.

INVOICE DATE
PHONE: (909) 599-9606 FAX: (909) 599-6238
SALESPERSON: SALES TAX CODE:

JOB NO:

CUSTOMER NO.
10882
15990
217
1215
INVOICE TOTAL:

RETENTION:

AMOUNT PAID:
8,245.13

0.00 0.00
ATTN: VICTOR YERGENSON
NONE CONTRACT NO.

CUSTOMER P.O.

Description Amount

SHOP LABOR
PREP CRANE AND TOOLING FOR BAILING OIL.

PRESSURE WASH BAILER.

LOAD BAILER, OIL BARRELS, AND ABSORBENTS.
4 HRS. @ $125/HR. 500.00

FIELD LABOR
MOBILIZE TO SITE AND SET UP CRANE FOR BAILING.

SET UP BAILER, BARRELS, ABSORBENTS.

BAIL OIL FROM WELL. SEAL BARRELS AND SET ASIDE.

LOAD EQUIPMENT ONTO GPC TRUCK FOR TRANSPORT.

PREP SITE FOR VIDEO SURVEY. RUN WATER INTO WELL.

CLEAN & SECURE WELL SITE. DEMOBILIZE.
40T CRANE & OPERATOR, 1 MAN & FLATBED TRUCK - 9 HRS. @ $618/HR. 5,562.00 O.T. 2-MAN CREW - 2 HRS. @ $110/HR. 220.00

EQUIPMENT & SUPPLIES
12” OILBAILER - $400/ DAY 400.00
QTY 6 - 55GAL POLY BARRELS N/C
MISC. ABSORBENT SNAKES & LITTER 150.00

OUTSIDE SERVICE
DOWNHOLE VIDEO SURVEY W/ SIDE SCAN PICTURES & REPORT. 1,400.00

Over 65 Years of\Vater \J\/ell & Pump Service
Thank you for your prompt payment!
GPC'S STANDARD TERMS & CONDITIONS APPLY AND ALL INVOICES ARE NET 30 DAYS FROM INVOICE DA TE

WARRANTY APPLIES ONLY TO WORKMANSHIP AND MATERIALS SUPPLIED FOR THIS PROJECT REMIT TO VIA MAIL:

General Pump Company
159 N. Acacia Street
San Dimas, CA 91773
REMIT TO VIA EFT:

General Pump Company
Bank Name: BankUnited
Acct Type: Busines Checking
Acct#: 9855787236
Routing#: 2670-9059-4
Agenda Item - 4.f.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: John Montanchez
Dept.: City Manager Dept.: Community Services
Subject: Approval of Amendments to
the Facility Use Agreements
with Esparza Soccer
Academic, Inc. and Orion
Sports, LLC. ( Action Item)
Date: 12/12/2023

OBJECTIVE
To request that the City Council approve three separate amendments to extend the term of facility agreements with Esparza Soccer Academic, Inc. and Orion Sports, LLC.

BACKGROUND
In 2019, the City Council approved the Facility Use Agreement with Esparza Soccer Academic, Inc., under the management of Juan Esparza, for the operation of the hockey rink facility at Pioneer Park, located at 12772 Chapman Avenue.

In 2020, the City Council approved the Facility Use Agreement with Esparza Soccer Academic, Inc., under the management of Juan Esparza, for the operation of the soccer facility adjacent to the Sports and Recreation Center located at 13641 Deodara Drive at Garden Grove Park.

In 2020, the City Council approved the Facility Use Agreement with Orion Sports, LLC for the operation of the outdoor hockey rink at Chapman Sports Complex, located on the corner of Chapman Avenue and Knott Avenue.

DISCUSSION
The Amendment to the Facility Usage Agreements with Esparza Soccer Academic, Inc. will extend both agreements for an additional three years to operate the hockey rink facility located at Pioneer Park through July 29, 2025, and the soccer facility located at Garden Grove Park through April 1, 2026.

The Amendment to the Facility Usage Agreement with Orion Sports, LLC will extend

the agreement for an additional three years for the operation of the outdoor hockey rink at Chapman Sports Complex through April 1, 2026.

FINANCIAL IMPACT
The proposed extensions to the three Facility Usage Agreements with Esparza Soccer Academic, Inc. and Orion Sports, LLC do not change lease amounts, thus will have no financial impact to the City. Additionally, both facility operators will be responsible for monthly lease payments for the three city facilities.

Esparza Soccer Academic, Inc. will continue to make monthly lease payments to the City in the amount of $1,500.00 for use of the soccer facility at Pioneer Park, and monthly lease payments in the amount of $5,000.00 for use of the soccer facility at Garden Grove Park. Orion Sports, LLC will continue to make monthly lease payments to the City in the amount of $600.00 for use of the hockey rink facility at Chapman Sports Complex.

RECOMMENDATION
It is recommended that the City Council:

Approve the Amendments to the Facility Usage Agreements with Esparza Soccer Academic, Inc. and Orion Sports, LLC; and

Authorize the City Manager, or her designee, to sign and execute the three Amendments to the Facility Use Agreements on behalf of the City, including making minor modifications as appropriate and necessary.

By: Janet Pelayo
Deputy Director
ATTACHMENTS:

Description Upload Date Type File Name
Amendment to
Agreement
Esparza Soccer
Academic for use
of Garden Grove
Park soccer facility
12/5/2023 Agreement Amendment_to_Agreement_Esparza_Soccer- GG_Park_2023_(1).docx
Amendment to
Agreement
Esparza Soccer
Academic for use
of Pioneer Park
hockey facility
12/5/2023 Agreement Amendment_to__Agreement_Esparza_Soccer_2023.docx Amendment to
Agreement Orion
Sports for use of
Chapman Sports
Complex hocke
12/5/2023 Agreement Amendment_to_Agreement_Orion_Sports- Chapman_2023.docx

•
•
facility

-1-

AMENDMENT TO

SITE LICENSE AND USE AGREEMENT
(Outdoor Soccer Venue -13631 Deodara Drive – Esparza Soccer Academic, Inc.)

THIS AMENDMENT TO THE SITE LICENSE AND USE AGREEMENT between the CITY OF GARDEN GROVE, a municipal corporation, and Esparza Soccer Academic, Inc., is made and entered into, to be effective the 1st day of April, 2023, as follows:

RECITALS

WHEREAS, the City of Garden Grove (“ CITY”) and Esparza Soccer Academic, Inc. (“ESA”) entered into the initial Site License and Use Agreement dated February 25, 2020, in which CITY allowed ESA to operate the outdoor soccer facility at Garden Grove Park.

WHEREAS, the parties wish to renew the Agreement for another three-year term to April 1, 2026.

AMENDMENT

NOW, THEREFORE, the Agreement is hereby amended as follows:

1. Section 1, TERM, of the Agreement shall be amended to extend the term until April 1, 2026, and to provide that the parties may negotiate extensions of the terms for additional years no later than six months prior to the expiration of the Agreement.

All provisions of the Agreement not affected herein shall remain in full force and effect.

[SIGNATURE PAGE FOLLOWS]

-2-
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Facilities Usage Agreement at Garden Grove, California.

CITY OF GARDEN GROVE ATTEST:

By: By:

City Manager City Clerk

Approved as to form: Date:

City Attorney

ESPARZA SOCCER ACADEMIC, INC. (ESA)

By: Date:

Its:

By:

Its:

-1-
AMENDMENT 2 TO

SITE LICENSE AND USE AGREEMENT
(Pioneer Park – Esparza Soccer Academic, Inc.)

THIS AMENDMENT TO THE SITE LICENSE AND USE AGREEMENT between the CITY OF GARDEN GROVE, a municipal corporation, and Esparza Soccer Academic, Inc., is made and entered into, to be effective the 9th day of August, 2022, as follows:

RECITALS

WHEREAS, the City of Garden Grove (“ CITY”) and Esparza Soccer Academic, Inc. (“ESA”) entered into the initial Site License and Use Agreement dated July 19, 2022, in which CITY allowed ESA to operate the outdoor arena soccer facility at Pioneer Park.

WHEREAS, the parties wish to renew the Agreement for another three-year term to July 19, 2025.

AMENDMENT

NOW, THEREFORE, the Agreement is hereby amended as follows:

1. Section 1, TERM, of the Agreement shall be amended to extend the term until July 19, 2025, and to provide that the parties may negotiate extensions of the terms for additional years no later than six months prior to the expiration of the Agreement.

All provisions of the Agreement not affected herein shall remain in full force and effect.

[SIGNATURE PAGE FOLLOWS]

-2-
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Facilities Usage Agreement at Garden Grove, California.

CITY OF GARDEN GROVE ATTEST:

By: By:

City Manager City Clerk

Approved as to form: Date:

City Attorney

ESPARZA SOCCER ACADEMIC, INC. (ESA)

By: Date:

Its:

By:

Its:

-1-

AMENDMENT TO

SITE LICENSE AND USE AGREEMENT
(Outdoor Hockey Rink(s) –Chapman Sports Complex – Orion Sports, LLC)

THIS AMENDMENT TO THE SITE LICENSE AND USE AGREEMENT between the CITY OF GARDEN GROVE, a municipal corporation, and Orion Sports, LLC, is made and entered into, to be effective the 1s day of April, 2023, as follows:

RECITALS

WHEREAS, the City of Garden Grove (“ CITY”) and Orion Sports, LLC (“OS”) entered into the initial Site License and Use Agreement dated March 24, 2020, in which CITY allowed OS to operate the outdoor soccer facility at Chapman Sports Complex.

WHEREAS, the parties wish to renew the Agreement for another three-year term to April 1, 2026.

AMENDMENT

NOW, THEREFORE, the Agreement is hereby amended as follows:

1. Section 1, TERM, of the Agreement shall be amended to extend the term until April 1, 2026, and to provide that the parties may negotiate extensions of the terms for additional years no later than six months prior to the expiration of the Agreement.

All provisions of the Agreement not affected herein shall remain in full force and effect.

[SIGNATURE PAGE FOLLOWS]

-2-
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Facilities Usage Agreement at Garden Grove, California.

CITY OF GARDEN GROVE ATTEST:

By: By:

City Manager City Clerk

Approved as to form: Date:

City Attorney

ORION SPORTS, LLC (OS)

By: Date:

Its:

By:

Its:

Agenda Item - 4.g.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Amir El-Farra
Dept.: City Manager Dept.: Police Chief
Subject: Approval of Lease
Agreements with Enterprise
Fleet Management for four
vehicles. (Cost: $120,000)
(Action Item)
Date: 12/12/2023

OBJECTIVE
To obtain City Council approval to enter into 36-month operating lease agreements with Enterprise Fleet Management (Enterprise) for four Police Department undercover vehicles, pursuant to the terms of the existing standard Master Walkaway Lease Agreement.

BACKGROUND
Rotating leased vehicles has been very successful for the Police Department, as it allows investigators to conduct operations in vehicles chosen to blend in with the general population. The City has an existing Master Walkaway Lease Agreement with Enterprise, and the Police Department desires to add four vehicles to the fleet.

DISCUSSION
Each vehicle will have a total allowance of 30,000 miles for the 36-month lease term and the dealer will complete any repairs that are covered under warranty. Enterprise will also provide physical damage coverage for the vehicles, as leased vehicles do not qualify for comprehensive coverage under the City’s self-insurance guidelines.

FINANCIAL IMPACT
The total cost of the four new leases is approximately $40,000 per year, or $120,000 for the full 36-month term of the agreements. This amount includes all monthly lease payments, physical damage insurance, annual license renewal fees, and all fees associated with initial delivery. Funds for the additional Enterprise lease agreements were appropriated in the Police Department’s FY 2023-25 budget and will be incorporated as an ongoing expense through completion of the 36-month term.

RECOMMENDATION

It is recommended that the City Council:

Approve the 36-month vehicle operating lease contracts for four (4) Police Department undercover vehicles, pursuant to the existing Master Walkaway Lease Agreement;

Authorize the City Manager or her designee to execute the agreements on behalf of the City, and make minor modifications as appropriate thereto; and

Authorize the City Manager to execute future amendments to the agreement, including the authorization to enter into options years, providing sufficient funds are available

By: Courtney Cibosky, Police Fiscal Analyst

•
•
•
Agenda Item - 4.h.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: William E. Murray
Dept.: City Manager Dept.: Public Works
Subject: Receive and File the Fiscal
Year 2022-23 Development
Impact Fee Annual Report.
(Action Item)
Date: 12/12/2023

OBJECTIVE
For City Council to receive and file the Fiscal Year 2022-23 Development Impact Fee Annual Report (Report) as required by
Government Code Section 66006 (b).

BACKGROUND
Annually, the City is required to report on the disposition of collected development fees and to provide information related to the use of these fees when funding capital improvements. Pursuant to Government Code Section 66006 (b), this Report must be reviewed by the City Council at a public meeting, not less than fifteen days after this information is made available to the public. The attached Report summarizes the activity in several development impact fee funds, and it pertains to information for Fiscal Year ending June 30, 2023.

Fees that have been deposited with the City for more than five (5) years must be identified and evaluated as required by Government Code Section 66001 (d)(1). The City does not have any funds that were originally deposited in, or prior to, June 30, 2017. First funds received are first funds utilized.

DISCUSSION
In general, the City collects development impact fees to offset the impacts of new development projects in the City. These impacts are usually associated with increased demand placed on city facilities due to the additional usage of the facilities. For example, the City collects a drainage fee to improve drainage facilities. As development occurs, more of the city’s natural surfaces are replaced with paved surfaces. Paved surfaces do not absorb storm water causing the runoff to go into the public streets. If drainage facilities are not improved, the streets will experience significant flooding that could damage private property.

FINANCIAL IMPACT

There is no financial impact to receive and file the Fiscal Year 2022-23 Development Impact Fee Annual Report.

RECOMMENDATION
It is recommended that the City Council:

Receive and file the Fiscal Year 2022-23 Development Impact Fee Annual Report as required by Government Code Section 66006 (b).

By: Alexa Viramontes, Sr. Administrative Analyst
ATTACHMENTS:

Description Upload Date Type File Name
FY22-23 Development
Impact Fee Report 12/7/2023 Exhibit Development_Impact_Fee__2022- 23_Final_.pdf

•
FY22-23 Development Impact Fee Report Page 1 of 9 City of Garden Grove
Development Impact Fee Annual Report
Fiscal Year 2022 - 2023

The following is a report, which was prepared to comply with California Government Code Section 66006. This section requires an annual disclosure and review of collected development impact fees and expenditures. This review is prepared in compliance with the requirements of the code, and it was prepared with the assistance of the Public Works Department and Finance Department.

Government Code Section 66006(b) requires that within 180 days after the last day of the fiscal year the city shall make available the following information for that given year:

A. A brief description of the type of fee, included as Section 1.0.

B. The amount of the fee, included as Section 2.0.

C. The beginning and ending balances of the fund and fees collected and the interest earned, included as Section 3.0.

D. An identification of each public improvement on which the fees were expended and the amount of the expenditure on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. This is included as Section 4.0.

E. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing of an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and if the public improvement remains incomplete. This is included as Section 5.0.

F. A description of each inter-fund transfer or loan made from the account or fund including the public improvement on which the transferred or loaned fees will be expended, and the rate of an inter-fund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. No transfers or loans were required or made.

G. The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001. No refunds were required or made.

FY22-23 Development Impact Fee Report Page 2 of 9 Section 1.0. A Brief Description of the Type of Fee in the Account or Fund

Drainage Facilities Fee
As city lands are developed, hard surface areas (concrete/paving) increase and directly affect flooding citywide. A drainage fee is charged to fund local drainage improvements that are required to reduce the cumulative impact of increased runoff in the city.

Transportation Facilities Fee
Development increases the motorist population citywide and the cumulative increase requires constant improvements to meet the demands of the public. The Transportation Facilities Fee is charged to fund projects that relieve traffic congestion either in a specific location or citywide.

Water Assessment Fees
The fees reflect the cumulative impact of development on the water infrastructure. Water assessment fees are charged per (1) frontage and (2) acreage. The reasoning is that a property with a large frontage will benefit from additional street exposure, including landscaping and will place a greater burden on the water system as opposed to a similar sized parcel with a smaller sized frontage. The fee for acreage is to account for the increased demand placed on the water system by larger properties in general. Together, these fees fund capital projects that are required in order to meet the water needs of an increased population and to upgrade an aging infrastructure.

Parkway Tree Fee
City parkway trees are located throughout the city. The maintenance and care of the city's urban forest is an ongoing task that involves trimming, planting, removal, sucker removal, installation of root barriers, staking, etc. Additionally, hardscape items, such as curb, gutter, and sidewalk, need removal and replacement due to tree root damage. New development often removes mature trees as part of their project. This fee is collected to pay for the capital improvement costs associated with maintaining the city's parkway trees and adjacent hardscape. In this manner, the city's urban fores t is maintained at a service level that is consistent with the public's expectations.

In Lieu of Parkland Dedication Fee (Quimby Park Fee)
The Quimby Act authorizes the City to require the dedication of parkland or to impose fees for park or recreational purposes as a condition of the approval of a tentative or parcel subdivision ma p. These fees are used for the purpose of developing new or rehabilitating existing neighborhood or community parks or recreation facilities. This fee is only applied to Subdivision Projects.

Mitigation Act Park Fee (Citywide Park Fee)
The City charges a Citywide Park Fee applicable to residential developments consisting of non- subdivisions. Consequently, residential developments not subject to the Quimby Park Fee (above) shall be required to remit a park fee as established by City Council for the purposes of providing citywide parks and recreational facilities.

General Plan and Cultural Arts Fee
California State law requires that every jurisdiction adopt a General Plan. Without a valid General Plan, the City can be legally restricted from making land use changes and approving new development projects. The General Plan fee is established as an impact fee to proportionally pay for the cost of the General Plan Element updates which occur every 10-20 years and include direct consultant contractual costs. The Cultural Arts fee is intended to support a variety of cultural influences including public art and improving the community image through physical form.

FY22-23 Development Impact Fee Report Page 3 of 9 In Lieu Of Undergrounding Fee
This fee is collected in lieu of required utility undergrounding at the request of the developer. The fee will be used to underground overhead utility lines in conjunction with the City’s R ule 20A program funded through Southern California Edison. This will maximize the city’s resources and deliver a more cost effective project.

FY22-23 Development Impact Fee Report Page 4 of 9 Section 2.0. Fee Amounts

Drainage Facilities Fee Schedule

Land Use Fees
Single Family (Sq.Ft.) $ 0.27
Multi Family (Sq.Ft.) $ 0.18
Commercial (Sq.Ft.) $ 0.42
Office (Sq.Ft.) $ 0.50
Industrial (Sq.Ft.) $ 0.47

Transportation Facilities Fee Schedule

Land Use Fees
Single Family (Dwelling Unit) $ 1,600
Multi Family (Dwelling Unit) $ 990
Hotel/Motel (Room) $ 919
Industrial (Sq.Ft.) $ 0.57
Retail (Sq.Ft.) $ 3.66
Office (Sq.Ft.) $ 2.61
Cost Per Trip Fee* $ 1,407
*'Per Trip Fee' will be applied to land use project categories not listed in this schedule.

Additional trip calculations will use the latest Institute of Transportation Engineers Trip Generation Manual.

Park Facilities Fee Schedule

Quimby Fee - Subdivisions / Neighborhood Parks
Land Use Fees
Single Family (Dwelling Unit) $ 11,794
Multi Family (Dwelling Unit) $ 9,804

Mitigation Fee - Non-Subdivisions / Citywide Parks
Land Use Fees
Single Family (Dwelling Unit) $ 6,061
Multi Family (Dwelling Unit) $ 5,038

Water Assessment Fees
Cost is determined by adding the acreage and frontage charges:

Acreage charge; $950 per acre.

Frontage charge; $8 per linear foot for an arterial street or $4.50 per linear foot for a residential street

Parkway Tree Fee
Cost = $2.50 per linear foot of frontage.

General Plan and Cultural Arts Fee
$2.00 plus $1.75/$1,000.00 or fraction thereof of valuation as determined by the Building Official.

In Lieu Undergrounding Fee
This fee is equal to the Southern California Edison cost estimate to underground the required poles for the project.

Section 3.0. Fund Balances, Interest Earned, and Fees Collected

FY22-23 Development Impact Fee Report Page 5 of 9

The beginning balance is as of July 1, 2022, and the ending balance is as of June 30, 2023. Fees were collected and interest was earned between those dates.

Drainage Facilities Fee

Transportation Facilities Fee
Beginning Balance: $106,625.38 Beginning Balance: $2,466,921.02 Fees Collected: $155,666.26 Fees Collected: $ 539,272.89 Interest Earned: $ 4,456.55 Interest Earned: $ 38,582.15 Fees Expended: $ 905.34 Fees Expended: $1,184,619.63 Ending Balance: $ 265,842.85 Ending Balance: $1,860,781.18

Quimby Park Fee

Citywide Park Fee
Beginning Balance: $2,115,985.97 Beginning Balance: $5,245,632.18 Fees Collected: $ 640,244.00 Fees Collected: $1,056,225.17 Interest Earned: $ 43,195.69 Interest Earned: $ 111,631.52 Fees Expended: $ 168,431.97 Fees Expended: $ 158,454.00 Ending Balance: $2,630,993.69 Ending Balance: $6,255,034.87

Water Assessment Fee (Acreage)

Water Assessment Fee (Frontage)

Beginning Balance: $0 Beginning Balance: $0
Fees Collected: $1,733.96 Fees Collected: $1,332.25
Interest Earned: $0 Interest Earned: $0
Fees Expended: $1,733.96 Fees Expended: $1,332.25
Ending Balance: $0 Ending Balance: $0

Parkway Tree Fee

Cultural Arts Fee

Beginning Balance: $0 Beginning Balance: $573,193.18
Fees Collected: $57,272.89 Fees Collected: $112,048.78 Interest Earned: $0 Interest Earned: $ 12,467.01
Fees Expended: $57,272.89 Fees Expended: $ 2,830.69
Ending Balance: $0 Ending Balance: $694,878.28

General Plan Fee

In Lieu of Undergrounding Fee

Beginning Balance: $545,068 Beginning Balance: $64,615.13 Fees Collected: $147,091 Fees Collected: $0
Interest Earned: N/A Interest Earned: $0
Fees Expended: $0 Fees Expended: $0
Ending Balance: $692,159 Ending Balance: $64,615.13

FY22-23 Development Impact Fee Report Page 6 of 9 Section 4.0. List of Public Improvements Funded by Each Fee

An identification of each public improvement on which the fees were expended and the amount of the expenditure on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.

Drainage Facilities Fee

Project Fee Spent Total Annual Project
Cost
Percentage of Annual
Project Cost Funded
by Fee
Acacia Neighborhood
Improvements
$905 $1,177,475 >.01%
Total $905 $1,177,475 >.01%

Water Assessment Fees

Project Fee Spent Total Annual Project
Cost
Percentage of Annual
Project Cost Funded
by Fee
Capital Replacement
(Lines, meters, hydrants,
laterals, gate valves, and
capital outlays)
$1,332.25 $6,204,068
(City’s total water
appurtenance
expenditures for
FY22/23)
>.01%
Total $1,332.25 $6,204,068 N/A

Parkway Tree Fee

Project Fee Spent Total Annual Project
Cost
Percentage of Annual
Project Cost Funded
by Fee
Parkway Tree Capital
Improvements at
Locations Citywide
$57,272.89 $57,272.89 100%
Total $57,272.89 $57,272.89 100%

Quimby Park Fee

Project Fee Spent Total Annual Project
Cost
Percentage of Annual
Project Cost Funded
by Fee
CP1019000 CIP – Atlantis
Play Center Park
Improvements
$28,510 $275,000 10%
CP1105000 CIP – Indoor
Sports Complex Building
Improvements
$7,700 $7,700 100%
CP1181000 CIP – Various
Park Improvements
$132,222 $576,000 23%
Total $168,432 $858,700 20%

FY22-23 Development Impact Fee Report Page 7 of 9

Cultural Arts Fees

Project Fee Spent Total Annual Project
Cost
Percentage of Annual
Project Cost Funded
by Fee
Public Arts Fund &
Community Events
$2,830.69 $2,830.69 100%
Total $2,830.69 $2,380.69 N/A

Transportation Facilities Fee

Project Fee Spent Total Annual Project
Cost
Percentage of
Annual Project Cost
Funded by Fee
Magnolia Traffic Signal
Synchronization Project
$78,892 $125,000 63%
2021 Traffic Signal
Modifications
$1,101,768 $1,101,768 100%
Garden Grove-Nelson Signal
Modifications
$1,916 $40,000 5%
Garden Grove-Newland Signal
Modifications
$1,590 $30,000 5%
Amber Alert Signal Repairs $454 $454 100%
Total $1,184,620 $1,295,876 91%

Citywide Park Fees

Project Fee Spent Total Annual Project
Cost
Percentage of Annual
Project Cost Funded by
Fee
Garden Grove Park
Project
$262,690

$340,000 77%
Grant AB109 $599

$337,250 .18%
Total $263,289 $677,250 39%

General Plan Fee

Project Fee Spent Total Annual Project
Cost
Percentage of Annual
Project Cost Funded
by Fee
Housing Element Update
Amendment of General
Plan Land Use Diagram
$0
** funded by Planning
Grants
$37,793.77 0%
** funded by Planning
Grants

In-
Lieu of Undergrounding Fees

No expenditures were incurred in Fiscal Year 2022-23.

FY22-23 Development Impact Fee Report Page 8 of 9

Section 5.0. List of Approximate Construction Dates for Public Improvements

An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing of an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001.

Drainage Facilities Fee

Project Start Date Completion Date
Arterial Street Improvements
FY2024
June 2024 May 2025

Transportation Facilities Fee

Project Start Date Completion Date
Garden Grove-Nelson Signal
Modifications
March 2024 December 2024
Garden Grove-Newland Signal
Modifications
March 2024 December 2024
Traffic Signal Modifications-
Chapman at Lamplighter
April 2022 September 2023

Water Assessment Fees

Project Start Date Completion Date
Citywide Capital Replacement
(includes lines, meters, and valves)
Ongoing Ongoing

Parkway Tree Fee

Project Start Date Completion Date
Tree-Related Capital Improvements Ongoing Ongoing

Community & Economic Development – General Plan Fee

Project Start Date Completion Date
General Plan Update (2033) Ongoing collection of fee

2033 (estimated cost is $2
million)

Community Services - Quimby Park Fee & Citywide Park Fee

Project Start Date Completion Date
Magnolia Park September 2023
May 2024
Parks & Facilities Master Plan
Improvements Ongoing Ongoing

FY22-23 Development Impact Fee Report Page 9 of 9 Woodbury Park Expansion &
Renovations September 2022 December 2025
Civic Center Park Improvements May 2023 December 2023
Light Pole Replacement Ongoing Ongoing
Atlantis Play Center March 2023 June 2025
Renovations of Park Buildings Ongoing Ongoing
State Representative Lou Correa –
District 46 Grant Funding Projects June 2023 June 2025

Cultural Art Fees

Project Start Date Completion Date
Cultural Art Projects & Community
Events

TBD TBD

In Lieu of Undergrounding Fee

Project Start Date Completion Date
Projects to be identified once enough
funding is secured

TBD TBD

Agenda Item - 4.i.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Teresa Pomeroy
Dept.: City Manager Dept.: City Clerk
Subject: Receive and file minutes
from the meeting held on
November 14, 2023. ( Action
Item)
Date: 12/12/2023
Attached are the minutes from the meeting held on November 14, 2023, recommended to be received and filed as submitted or amended.

ATTACHMENTS:

Description Upload Date Type File Name
Minutes 12/7/2023 Minutes cc-min_11_14_2023.pdf

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MINUTES

GARDEN GROVE CITY COUNCIL

Regular Meeting

Tuesday, November 14, 2023

Community Meeting Center
11300 Stanford Avenue, Garden Grove, CA 92840

CONVENE CLOSED SESSION

At 6:00 p.m., Mayor Jones convened closed session.

ROLL CALL PRESENT: (7) Council Members O’Neill, Tran, DoVinh, Klopfenstein, Nguyen-Penaloza, Mayor Pro
Tem Brietigam, Mayor Jones

ABSENT: (0) None

ORAL COMMUNICATIONS FOR CLOSED SESSION

Speakers: None.

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1): In Re: Aqueous Film- Forming Foams Product Liability Litigation, USDC MDL No. 2:18-mm-2873-RMG.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1): Patricia Medina, et al. vs.

City of Garden Grove, et al., USDC Case No. 8:22-cv-00235-HDV-JDEx

RECESS CLOSED SESSION

At 6:30 p.m., Mayor Jones recessed closed session.

CONVENE REGULAR MEETING

At 6:36 p.m., Mayor Jones convened the meeting in the Council Chamber with all Council Members present.

INVOCATION

PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA

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COMMUNITY SPOTLIGHT IN RECOGNITION OF ABIGAIL DINH FOR WINNING A GOLD MEDAL WITH TEAM USA AT THE 16TH INTERNATIONAL DRAGON BOAT

FEDERATION WORLD DRAGON BOAT RACING CHAMPIONSHIPS IN PATTAYA, THAILAND (F: 83.1-2023)

ORAL COMMUNICATIONS

Speakers: Henry Torrez, Tina Vo, Nicholas Dibs

Written Communications: Minh T. Vo

WRITTEN COMMUNICATIONS – CONSIDERATION OF A REQUEST FROM THE KING SHOCKS TECHNOLOGY, INC., FOR A HOLIDAY TOY DRIVE (F: 100.1)

Following staff introduction and City Council discussion, it was moved by Mayor Pro Tem Brietigam, seconded by Council Member Klopfenstein that:

Closure of City streets for a Holiday Toy Drive on Saturday, December 16, 2023, from 6:00 a.m. to 1:00 p.m., be approved.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein,
Nguyen-Penaloza, Brietigam, Jones
Noes: (0) None

RECESS

At 7:01 p.m. Mayor Jones recessed the meeting.

RECONVENE

At 7:13 p.m., Mayor Jones reconvened the meeting with all Council Members present.

ADOPTION OF A RESOLUTION AND APPROVAL OF OTHER RELATED DOCUMENTS TO

AUTHORIZE THE DEFEASANCE OF THE GARDEN GROVE PUBLIC FINANCING AUTHORITY LEASE REVENUE BONDS, SERIES 2015A (F: P-60.1)

CITY COUNCIL ACTION

It was moved by Council Member O’Neill, seconded by Council Member Klopfenstein that:

Resolution No. 9828-23 entitled: A Resolution of the City Council of the City of Garden Grove authorizing the defeasance of the Garden Grove Public Financing

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Authority Lease Revenue Bonds, Series 2015A, the execution of an escrow agreement and a termination agreement, and approving certain acts in connection therewith and certain other matters, be adopted;
The form be approved and the City Manager/Executive Director be authorized to execute the Escrow Agreement by and among the City of Garden Grove, the Garden Grove Public Financing Authority, and U.S. Bank Trust Company, as escrow agent; and
The form be approved and the City Manager/Executive Director be authorized to execute the Termination Agreement by and among the City of Garden Grove, the Garden Grove Public Financing Authority, and U.S. Bank Trust Company, as 2015 Trustee.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein,
Nguyen-Penaloza, Brietigam, Jones
Noes: (0) None

PUBLIC FINANCING AUTHORITY ACTION

It was moved by Member O’Neill, seconded by Member Klopfenstein that:

Resolution No. 15-23 entitled: A Resolution of the Board of Directors of the Garden Grove Public Financing Authority authorizing the defeasance of the Garden Grove Public Financing Authority Lease Revenue Bonds, Series 2015A, the execution of an escrow agreement and a termination agreement, and approving certain acts in connection therewith and certain other matters, be adopted; and The form be approved and the Executive Director/City Manager be authorized to execute the Escrow Agreement by and among the City of Garden Grove, the Garden Grove Financing Authority, and U.S. Bank Trust Company, as escrow agent; and The form be approved and the Executive Director/City Manager be authorized to execute the Termination Agreement by and among the City of Garden Grove, the Garden Grove Public Financing Authority, and U.S. Bank Trust Company, as 2015 Trustee.

The motion carried by a 7-0 vote as follows:

Ayes: (7) Brietigam, Tran, DoVinh, Klopfenstein,
Nguyen-Penaloza, O’Neill, Jones
Noes: (0) None

-4- 11/14/23

ADOPTION OF A RESOLUTION CERTIFYING COMMITMENT TO PROJECTS SUBMITTED IN FISCAL YEARS 2024/25 THROUGH 2029/30 FOR THE FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM (F: 24.13)

It was moved by Council Member O’Neill, seconded by Council Member Klopfenstein that:

Resolution No. 9829-23 entitled: A Resolution of the City Council of the City of Garden Grove Certifying that resources are available to fund projects in the Fiscal Years 2024/25 through 2029/30 Transportation Improvement Program and affirms its commitment to implement all projects in the program, be adopted.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein,
Nguyen-Penaloza, Brietigam, Jones
Noes: (0) None

ADOPTION OF A RESOLUTION APPROVING A CITY-WIDE PUBLIC RECORDS RETENTION AND DESTRUCTION MANUAL AND SCHEDULE (F: 45.2E)

It was moved by Council Member O’Neill, seconded by Council Member Klopfenstein that:

Resolution No. 9830-23 entitled: A Resolution of the City Council of the City of Garden Grove, California, adopting the records retention and destruction manual for City records as provided by the Government Code of the State of California, and rescinding Resolution No. 9321-15, be adopted.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein,
Nguyen-Penaloza, Brietigam, Jones
Noes: (0) None

APPROVAL TO EXTEND THE LEASE AGREEMENT WITH CREDIT UNION OF SOUTHERN CALIFORNIA FOR PROPERTY LOCATED AT 11390 STANFORD, GARDEN GROVE (F: 55-Credit Union Southern California)

It was moved by Council Member O’Neill, seconded by Council Member Klopfenstein that:

The Seventh Amendment with the Credit Union of Southern California for continued occupancy of 11390 Stanford Avenue in the amount of $5,984.49 per month , be approved, and

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The City Manager be authorized to execute the Seventh Amendment and make minor modifications as needed on behalf of the City.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein,
Nguyen-Penaloza, Brietigam, Jones
Noes: (0) None

APPROVAL OF FINAL PARCEL MAP NO. PM-2022-167 FOR THE PROPERTIES LOCATED AT 7390 AND 7440 LINCOLN WAY, GARDEN GROVE (F: 118.1)

This matter was pulled.

ACCEPTANCE OF INTERIOR OFFICE IMPROVEMENTS PROJECT, 11277 GARDEN GROVE NO. 03-2023 AS COMPLETE (F: 55-H.L. Miller Inc.) (XR: 48.15)

It was moved by Council Member O’Neill, seconded by Council Member Klopfenstein that:

The Interior Office Improvements Project No. 03- 2023, 11277 Garden Grove, be accepted as complete;
The City Manager be authorized to execute the Notice of Completion of Public Works Improvements and Work, and
The Finance Director be authorized to release the retention payment when appropriate to do so.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein,
Nguyen-Penaloza, Brietigam, Jones
Noes: (0) None

ACCEPTANCE OF PROJECT NO. S-3102-A CIVIC CENTER BRIDGE AND LANDSCAPE RENOVATION LOCATED AT 11300 STANFORD AVENUE, GARDEN GROVE, AS COMPLETE (F: 55-RG General Engineering Inc.) (XR: 48.15)

It was moved by Council Member O’Neill, seconded by Council Member Klopfenstein that:

Project No. S-3102-A Civic Center Bridge and landscape Renovation located at 11300 Stanford Avenue, Garden Grove, be accepted as complete;

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The City Manager be authorized to execute the Notice of Completion of Public Works Improvements and Work, and
The Finance Director be authorized to release the retention payment when appropriate to do so.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein,
Nguyen-Penaloza, Brietigam, Jones
Noes: (0) None
RECEIVE AND FILE MINUTES FROM THE MEETING HELD ON OCTOBER 24, 2023 (F: Vault)
It was moved by Council Member O’Neill, seconded by Council Member Klopfenstein that:

Minutes from the meeting held on October 24, 2023, be received and filed as submitted or amended.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein,
Nguyen-Penaloza, Brietigam, Jones
Noes: (0) None

WARRANTS
It was moved by Council Member O’Neill, seconded by Council Member Klopfenstein that:

Demands covered by Wire numbers 00001705 through 00001752, EFT numbers 0039489 through 00039521, and check numbers 00688386 through 00688478 inclusive and have been verified by the Finance Division as properly issued and bear all proper signatures, be received and filed;

Demands covered by wires 00001753 through 00001805, EFT numbers 00040712 through 00040748, and check numbers 00689071 through 00689144 inclusive and have been verified by the Finance Division as properly issued and bear all proper signatures, be received and filed;

Demands covered by EFT numbers 00040749 through 00041808 and check numbers 00689145 through 00689343 inclusive and have been verified by the Finance Division as properly issued and bear all proper signatures, be received and filed;

-7- 11/14/23
Demands covered by EFT numbers 00041809 through 00041844, and check numbers 00689344 through 00689450 inclusive and have been verified by the Finance Division as properly issued and bear all proper signatures, be received and filed;

Demands covered by EFT numbers 00041845 through 00041897 and check numbers 00689451 through 00689559 inclusive and have been verified by the Finance Division as properly issued and bear all proper signatures, be received and filed;

Demands covered by EFT numbers 00041898 through 00041930, and check numbers 00689560 through 00689698 inclusive and have been verified by the Finance Division as properly issued and bear all proper signatures, be received and file; and

Demands covered by EFT numbers 00030444 through 00031085 and check numbers 00185596 through 00185604 inclusive and have been verified by the Finance Division as properly issued and bear all proper signatures, be received and filed.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein,
Nguyen-Penaloza, Brietigam, Jones
Noes: (0) None

WAIVER

It was moved by Council Member O’Neill, seconded by Council Member Klopfenstein that:

Full reading of ordinances listed be waived.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein,
Nguyen-Penaloza, Brietigam, Jones
Noes: (0) None

PUBLIC HEARING – ADOPTION OF A RESOLUTION APROVING AN AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT WITH AAA OIL, INC. DBA CALIFORNIA FUELS AND LUBRICANTS (F: 55-AAA Oil, Inc., dba California Fuels and Lubricants)

Following staff introduction, Mayor Jones declared the public hearing open.

Speakers: Nicholas Dibs

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With no further testimony from the audience, Mayor Jones declared the public hearing closed.

Following City Council comments, it was moved by Council Member Klopfenstein, seconded by Council Member Nguyen-Penaloza that:

Resolution No. 9831-23 entitled: A Resolution of the City Council of the City of Garden Grove, California, approving, an amendment to the amended and restated operating covenant agreement between the City of Garden Grove and AAA Oil, Inc., dba California Fuels and Lubricants, be adopted; and
The City Manager be authorized to execute the Amended 2016 Agreement, including any minor modifications as appropriate, and any other pertinent documents necessary to effectuate and/or implement the Agreement on behalf of the City.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein,
Nguyen-Penaloza, Brietigam, Jones
Noes: (0) None

PUBLIC HEARING – INTRODUCTION AND FIRST READING TO CONSIDER ADOPTING ORDINANCES APPROVING AMENDMENT NO. A-038-2023(A) AND A-038-2023(B) (F: 115.A-038-2023(A)/A-038-2023(B))

(It was moved earlier in the Meeting by Council Member O’Neill, seconded by Council Member Klopfenstein, and carried by a 7-0 vote that full reading of ordinances listed be waived.)

Following staff introduction and City Council questions, Mayor Jones declared the public hearing open.

With no testimony from the audience, Mayor Jones declared the public hearing closed.

Following City Council comments, it was moved by Council Member DoVinh, seconded by Council Member O’Neill that:

Ordinance No. 2946 entitled: An Ordinance of the City Council of the City of Garden Grove approving a zoning text amendment to Chapter 9.52 of Title 9 of the Garden Grove Municipal Code pertaining to retail sale by delivery of medicinal cannabis, be passed to second reading; and

Ordinance No. 2947 entitled: An Ordinance of the City Council of the City of Garden Grove approving Amendment No. A-038-2023(b), a zoning text amendment

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to portions of Chapters 9.08, 9.12, 9.16, and 9.18 of Title 9 of the City of Garden Grove Municipal Code establishing enhanced standards for the screening of mechanical equipment within an exterior equipment enclosure in residential zones; clarifying how the maximum permitted hardscape coverage in the front yard setback in residential, commercial, industrial, and open space zones is calculated; and updating the standards for artificial turf in all zones, be passed to second reading.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein,
Nguyen-Penaloza, Brietigam, Jones
Noes: (0) None

RECEIVE AND FILE THE MEASURE O CITIZENS’ OVERSIGHT COMMITTEE ANNUAL REPORT FOR FISCAL YEAR 2022-23 (F: 122.90)

Following the presentation by the Measure O Citizens’ Oversight Committee Chair Sandy Thomas, it was moved by Mayor Pro Tem Brietigam, seconded by Council Member O’Neill that:

The Measure O Citizens’ Oversight Committee Fiscal Year 2022-23 Annual Report, be received and filed.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein,
Nguyen-Penaloza, Brietigam, Jones
Noes: (0) None

AUTHORIZE THE ISSUANCE OF A PURCHASE ORDER TO PB LOADER FOR ONE (1) NEW POLICE DEPARTMENT COMMAND POST (Continued from the October 24, 2023, City Council meeting.)

Following staff introduction, it was moved by Mayor Pro Tem Brietigam, seconded by Council Member Klopfenstein that:

The Finance Director be authorized to issue a purchase order in the amount of $1,199,660.40 to PB Loader for the purchase of one (1) new Police Department Command Post.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein,
Nguyen-Penaloza, Brietigam, Jones
Noes: (0) None

-10- 11/14/23

ADOPTION OF A RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION

TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR THE CONSTRUCTION

PHASE OF THE HARBOR/GARDEN GROVE INTERSECTION IMPROVEMENT PROJECT (F: 36.11) (F: 24.13) (F: 64.1)

Following staff introduction, it was moved by Council Member Nguyen-Penaloza, seconded by Council Member Klopfenstein that:

Resolution No. 9832-23 entitled: A Resolution of the City Council of the City of Garden Grove approving the submittal of the Harbor/Garden Grove Intersection Improvement Project, Engineering Phase to the Orange County Transportation Authority for funding under the Comprehensive Transportation Program, be adopted; and
That $3,704,967.50 (65%) in grant funding, and $1,994,982.50 (35%) from Gas Tax for a total project cost of $5,699,950, be appropriated upon acceptance of the grant application.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein,
Nguyen-Penaloza, Brietigam, Jones
Noes: (0) None

ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO TAKE

ACTIONS NECESSARY TO FINANCE THE PUBLIC SAFETY FACILITY AND CIVIC

CENTER REVITALIZATION PROJECT THROUGH THE ISSUANCE OF DEBT BY THE GARDEN GROVE PUBLIC FINANCING AUTHORITY (F: 48.11) (F: P-48.11)

Following staff introduction, it was moved by Council Member Klopfenstein, seconded by Council Member O’Neill that:

Resolution No. 9833-23 entitled: A Resolution of the City Council of the City of Garden Grove directing the City Manager to take actions necessary to finance the Public Safety Facility and Civic Center Park Project through the issuance of Lease Revenue Bonds or Certificates of Participation and approving certain acts in connection therewith, be adopted.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein,
Nguyen-Penaloza, Brietigam, Jones
Noes: (0) None

-11- 11/14/23

INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING THE

MUNICIPAL CODE PERTAINING TO THE REGULATION OF THE SALE OF TOBACCO PRODUCTS (F: 115)

(It was moved earlier in the Meeting by Council Member O’Neill, seconded by Council Member Klopfenstein, and carried by a 7-0 vote that full reading of ordinances listed be waived.)

Following the introduction by City Attorney Sandoval and the reading of the Ordinance title, Mayor Pro Tem Brietigam expressed that specialty flavored vape products should have been included in this amendment.

Following clarification by City Attorney Sandoval, it was moved by Council Member Klopfenstein, seconded by Council Member Nguyen-Penaloza that:

Ordinance No. 2945 entitled: An Ordinance of the City Council of the City of Garden Grove amending Chapter 6.44 of Title 6 of the Garden Grove Municipal Code pertaining to regulation of the sale of tobacco products, be passed to second reading.

The motion carried by a 6-0-1 vote as follows:

Ayes: (6) O’Neill, Tran, DoVinh, Klopfenstein,
Nguyen-Penaloza, Jones
Noes: (0) None
Abstain: (1) Brietigam

SECOND READING AND ADOPTION OF ORDINANCE NO. 2944 (F: 82.1A)

(It was moved earlier in the Meeting by Council Member O’Neill, seconded by Council Member Klopfenstein, and carried by a 7-0 vote that full reading of ordinances listed be waived.)

Following the reading of the Title of Ordinance No. 2944, it was moved by Mayor Pro Tem Brietigam, seconded by Council Member Klopfenstein that:

Ordinance No. 2944 entitled: An Ordinance of the City Council of the City of Garden Grove Police Department Military Equipment Use Policy pursuant to Government Code 7071 and rescinding Ordinance No. 2935, be adopted.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein,
Nguyen-Penaloza, Brietigam, Jones
Noes: (0) None

-12- 11/14/23

MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS, AND CITY MANAGER

UPDATE ON THE CIVIC CENTER REVITALIZATION PROJECT AS REQUESTED BY CITY MANAGER KIM (F: 48.11)

Craig Beck, Project Consultant, stated that with the approved and executed Exclusive Negotiating Agreement with Edgemoor Garden Grove Civic Partners LLC, (Edgemoor) the design and development team is assembled to begin Phase 3 of the public safety facility. Brian Dugen and Christina Solomon representing Edgemoor provided an overview and PowerPoint presentation of the technical design and construction update. Brian Dugen announced the components of the development that include Clark Construction to take the lead on the construction; AC Martin, lead designer with Roth Sheppard Architects; HKLA is the landscape designer; Orrick Legal Counsel specializing in technology; Mconsensus specializing in community outreach; and Altura as the commissioning agent to ensure the design meets the environmental specifications. The project groups are broken down into five teams:

Design and Construction, Entitlements Permitting and Engagement, Project Financing, Commercial/Legal, and Building Commissioning.

Christina Solomon previewed design principles for the scope of the project that includes a 90,000 square foot public safety building, a 450 stall parking structure, and a 2.3 acre park. The key principles are: Operational Efficiency, Maintainability, Campus-style site, and to create a statement building on the corner of Acacia Parkway and Euclid Street to maximize a connected community, increase productivity within the public safety ranks, ensure retention and recruitment for public safety, and long-term operational affordability. The approach with the design is to keep the entire city block and civic center area in mind for the design.

With Garden Grove High School on Stanford Avenue, all egresses will be located off of Acacia Parkway. The team started with massing studies for fit of the project on the site. A large part of the site is the parking structure and the design team is partial to a two bay parking structure to maximize the space needed. Design concepts included the layout on the site, orientation of the building, a green corridor between the building and the library, and inclusion of the police memorial.

Also included in the design concept is the building facade and types of building materials. Initial park concepts strive to tie the entire area together with a featured promenade along Acacia Parkway. As the project progresses, thought will be put into the programming for the park. Great feedback and input from the community has been received and will be incorporated into the design for the park.

Council Member DoVinh noted an audio engineer was necessary and the design team confirmed there will be an audio engineer.

Craig Beck noted that community engagement involves numerous forms of engagement with residents that include eleven pop-up events taking place between March and October with approximately 300 comment cards received. The upcoming events will be: Tree Lighting on December 2nd, and an Open House/Town

-13- 11/14/23
Hall on December 6th between 6:00 p.m. – 7:30 p.m. The California Environmental Quality Act (CEQA) document is available for public review and can be accessed at:
https://ggcity.org/planning/environmental-documents
It is anticipated that the
environmental documents will be brought to the Planning Commission by the end of the year.

Mayor Pro Tem Brietigam thanked everyone for their work and he is excited about seeing the project progress.

Council Member Klopfenstein expressed her excitement for this historic Civic Center project. There are so many families living around the Civic Center area and that she appreciates all of the work to engage the community, as she believes it is important for the residents to feel heard and are part of this project.

Council Member Tran agreed that it is important for the residents to feel involved, and commented that this is a perfect time for the community to provide their input.

She expressed that in looking at the design concepts, she would not want the parking structure to overshadow the building and asked that the design team consider options.

Council Member Nguyen-Penaloza commented that the response numbers are still too low by comparison to the number of residents; and she asked that there be outreach to: Library staff, Garden Grove High School student body parents and administrators, and the Main Street business owners. She recommended attendance to a School District Board meeting, and to appoint a liaison to share information at the high school sporting events. In a City this large and a project this big there needs to be every effort to reach as many people as possible.

MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS, AND CITY MANAGER (CONTINUED)

Mayor Pro Tem Brietigam wished everyone a Happy Thanksgiving and encouraged people to donate to local food pantries. The Toy Drives are coming up as well, with information where to donate on the City’s website and on social media. The Orange County Fire Authority and the Garden Grove Kiwanis are each conducting a toy drive as well, which provides a lot of opportunities to donate toys for the holiday.

Council Member O’Neill noted the ample opportunities for people to donate toys for the holiday and encouraged participation. He reported on the status of the hangar at the Tustin Air Base that recently caught on fire, noting that the property has been turned over to the Navy for remediation. He noted that the Orange County Fire Authority is on stand-by for any flare-ups, however, at this point the structure continues to smolder and is too dangerous for the fire fighters to bring in apparatus. The investigation is ongoing and it is speculated that the fire was caused by a person or persons unknown. He noted that Gloria Lumbus, a long-time resident of Garden Grove, friend, and a 50 year parishioner of St. Columban

-14- 11/14/23
recently passed away. Gloria was quite a lady who will be missed; his thoughts and prayers are with her family and her sons Chris and Steve.

Council Member Tran expressed her appreciation for a recent she attended that was held by the Chamber of Commerce. She reported out from the Library Advisory meeting she attended and noted that the Library will be getting a grant; and that the Library will be offering high school courses for adults needing to complete the units needed for a diploma. A non-profit group called Senior Fight Back is working with city staff on an upcoming seminar for seniors and they will be giving out free pepper spray and will demonstrate some martial arts moves. She commented on going on a four hour ride-along where she witnessed the Police in action giving her an appreciation for the work the police are doing to keep the city safe. She encouraged participation with the Fight Hunger Event, noting that last year over 100,000 meals were distributed.

Council Member DoVinh wished all of the people born in November a Happy Birthday, including his wife, Dina Nguyen. He acknowledge Nicholas Dibs’ request for the City Council to adopt a resolution to denounce hatred, and recommended that staff prepare a resolution. He expressed how disheartened he is about the current events being broadcast on the news and prays for healing. These events are reminiscent of the 1960’s and 1970’s during the Vietnam War during his childhood, and it is important to not forget about that people around the world are suffering. He thanked Tina Vo for speaking on the Fight Hunger Event, noting this will be the sixth annual event that helps a lot of people. He thanked city staff Shawn Park, who is always helpful, and Kristy Thai who has acted as a liaison between the Council and the Vietnamese community for the past ten years. He attended the grand opening of the Vien Beauty Spa located in District 4, and congratulated them on their grand opening that took place on November 4th. Also in attendance was former Council Member Phat Bui who is a community leader a Chairman of the Vietnamese American Federation. He expressed his appreciation for everything Mr. Bui did while on council. His leadership is still very much felt in this community and that he appreciates Mr. Bui’s support for the local businesses.

He commented that the Civic Center project is coming along very nicely, and he encouraged the residents to take advantage of the opportunity to provide their input, as this is a partnership among all of the parties involved.

Council Member Klopfenstein commented on attending the dedication of Zlacket’s Market on Main Street and the unveiling of a plaque commemorating the Zlacket Family business. She noted that Zlacket’s Market was a family owned and operated business for decades, and the dedication served as a wonderful opportunity to showcase the spirit of our community, and to honor the Zlacket family. She expressed appreciation for seeing a lot of familiar faces and new faces that came out to the dedication, and stated that Main Street is the heartbeat of Garden Grove.

Council Member Nguyen-Penaloza commented on attending the Woodbury Park Rehabilitation meeting, which was well attended with many residents who came out

-15- 11/14/23
to voice their concerns. She gave kudos to Community Services staff for their work in writing for the grant enabling the improvements to the park. She commented that she has been proactive on mental health and the homelessness crisis; however, she has received numerous complaints from residents regarding the homeless who are camping on the public right of way and on common areas at private businesses on Harbor Boulevard between Westminster Avenue to Garden Grove Boulevard and at Trask Avenue. She urged immediate attention to these areas, especially as this area includes Santiago high school, Doig intermediate and Clinton Elementary schools, as well as the multiple businesses impacted daily by the unhoused individuals who have serious mental health issues. It is not safe for the residents or their children who attend these schools to access public sidewalks and local businesses. She noted that a young teenager was recently attacked in broad daylight, and fortunately multiple people helped the Garden Grove Police Department stop the attacker, and she asked that if possible, the Chief arrange for a community spotlight for those people who helped the young teen, as it is admirable for people to come forward to help, potentially putting themselves in danger. She emphasized her support for the Garden Grove Police Department and all of their partners such as Be Well OC to combat this issue and to make the community safe for the families who live in Garden Grove.

City Manager Kim noted the upcoming Thanksgiving holiday and expressed her thankfulness to be serving Garden Grove. She encouraged everyone to participate in the BIGG campaign in support of the City’s local businesses and a chance to win cash prizes. More information is available on the City’s website at https://ggcity.org/bigg/blackfriday

City Attorney Sandoval stated that there were two items discussed during closed session and that there is no reportable action.

ADJOURNMENT

At 8:50 p.m., Mayor Jones adjourned the meeting. The next Regular City Council Meeting will be held on Tuesday, November 28, 2023, at 5:30 p.m. at the Community Meeting Center, 11300 Stanford Avenue, Garden Grove, California.

Teresa Pomeroy
City Clerk

Agenda Item - 4.j.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Patricia Song
Dept.: City Manager Dept.: Finance
Subject: Receive and file warrants.
(Action Item)
Date: 12/12/2023
Attached are the warrants recommended to be received and filed.

ATTACHMENTS:

Description Upload Date Type File Name
Warrants 12/7/2023 Warrants 11242023_PR.pdf

City of Garden Grove
Certificate of Warrants
Register Date:

Nov 30, 2023
This is to certify the demands covered by EFT numbers 00031727 through 00032363 and check numbers 00185615 through 00185622 inclusive as listed on this register and have been verified by the Finance Division as properly issued and bear all proper signatures.

Note:

Finance Director
Patricia Song

~-~ _.. --

CITY OF GARDEN GROVE
GGFEFM002 Warrant Register Payroll
Check Dates Nov 30, 2023
Report Generated on Nov 29, 2023 4:37:25 PM Page 2
PY - Payroll
Check Type: CHK
Check Vendor # Vendor Name Issue Date Check Amount
00185615 E00977 BELAIR, DIANE 11/30/2023 $2,543.60 00185616 E05127 FLORES, ERIKA 11/30/2023 $109.26 00185617 E05120 NGUYEN, VICKY 11/30/2023 $310.71 00185618 E05105 RODRIGUEZ, ROGER 11/30/2023 $434.20 00185619 E05149 VAZQUEZ, ELOISA E 11/30/2023 $254.94 00185620 E05163 VO, EDWIN N 11/30/2023 $451.61 00185621 E03529 ROCHA, MICHAEL F 11/30/2023 $2,227.79 00185622 E05067 SANCHEZ, MARTIN 11/30/2023 $137.90 CHK - Total $6,470.01
Check Type: EFT
Check Vendor # Vendor Name Issue Date Check Amount
00031727 E03973 AVILA, VERONICA 11/30/2023 $2,813.33 00031728 E04755 BRIETIGAM III, GEORGE S 11/30/2023 $632.18 00031729 E02788 DAVIS, JEFFREY P 11/30/2023 $3,107.69 00031730 E05080 DOVINH, JOSEPH T 11/30/2023 $599.99 00031731 E04994 GREENUP, BREANNA C 11/30/2023 $1,004.33 00031732 E00803 HADDAD, PAMELA M 11/30/2023 $2,276.35 00031733 E04131 HERREN, NOELLE N 11/30/2023 $3,265.64 00031734 E03612 JONES, STEVEN R 11/30/2023 $306.22 00031735 E04442 KIM, LISA L 11/30/2023 $5,567.12 00031736 E04536 KLOPFENSTEIN, STEPHANIE L 11/30/2023 $468.27 00031737 E05072 LOPEZ, CARLOS 11/30/2023 $1,836.78 00031738 E02787 MORAN, MARIE L 11/30/2023 $3,065.41 00031739 E04537 NGUYEN, KIM B 11/30/2023 $596.79 00031740 E04534 ONEILL, JOHN R 11/30/2023 $639.45 00031741 E04528 PARK, SHAWN S 11/30/2023 $2,518.87 00031742 E04443 POLLOCK, AMANDA M 11/30/2023 $2,152.87 00031743 E06945 POMEROY, TERESA L 11/30/2023 $4,026.64 00031744 E01964 PULIDO, ANA E 11/30/2023 $4,693.03 00031745 E05057 SATO, MICHI L 11/30/2023 $2,753.60 00031746 E03715 THAI, KRISTY H 11/30/2023 $2,585.85 00031747 E05079 TRAN, CINDY NGOC 11/30/2023 $639.67 Server Name: cognos.ggcity.org User Name: victoriac

CITY OF GARDEN GROVE
GGFEFM002 Warrant Register Payroll
Check Dates Nov 30, 2023
Report Generated on Nov 29, 2023 4:37:25 PM Page 3
Check Vendor # Vendor Name Issue Date Check Amount
00031748 E03983 VASQUEZ, LIZABETH C 11/30/2023 $2,667.59 00031749 E04971 VITAL, ANDREA 11/30/2023 $1,899.19 00031750 E04230 WIMMER, MISSY M 11/30/2023 $1,576.92 00031751 E04944 ANDERSON CAMBA, ASHLEIGH R 11/30/2023 $2,434.37 00031752 E04764 BRADLEY, JANNA K 11/30/2023 $2,890.36 00031753 E03766 CERDA, MARY C 11/30/2023 $2,261.52 00031754 E04673 HART, BRANDI M 11/30/2023 $1,875.94 00031755 E04363 KWAN, LIANE Y 11/30/2023 $3,911.45 00031756 E01985 LEE, JANY H 11/30/2023 $8,278.66 00031757 E03420 PROCTOR, SHERRILL A 11/30/2023 $2,560.59 00031758 E05078 SANCHEZ, GIOVANNI P 11/30/2023 $2,253.50 00031759 E04417 STEPHENSON, CAITLYN M 11/30/2023 $2,462.44 00031760 E02115 STOVER, LAURA J 11/30/2023 $6,741.23 00031761 E05082 YIN, ARTHUR 11/30/2023 $2,258.34 00031762 E04390 AMBRIZ, STEPHANIE 11/30/2023 $1,446.07 00031763 E04445 BROWN, KAREN J 11/30/2023 $339.47 00031764 E03313 BUI, AI N 11/30/2023 $686.01 00031765 E05183 CANTU, JANICE 11/30/2023 $1,967.19 00031766 E05068 CASTELLON, ALVARO A 11/30/2023 $4,495.29 00031767 E04961 CHAO, VICTORIA 11/30/2023 $1,699.58 00031768 E03686 CHAVEZ, JAIME F 11/30/2023 $1,728.67 00031769 E03760 CHUNG, JANET J 11/30/2023 $2,725.29 00031770 E05094 CORTEZ, ELIZABETH M. 11/30/2023 $2,252.15 00031771 E04957 CURTSEIT, MARIA 11/30/2023 $2,315.91 00031772 E04960 FUKAZAWA, KEISUKE 11/30/2023 $2,115.58 00031773 E05055 GAMINO, LINDA M 11/30/2023 $1,435.67 00031774 E03877 GOMEZ, STEVEN E 11/30/2023 $1,772.53 00031775 E03016 HERNANDEZ, GARY F 11/30/2023 $1,822.89 00031776 E04569 HOFFMAN, CORINNE L 11/30/2023 $2,543.75 00031777 E05167 LOFFLER, SARAH N 11/30/2023 $1,545.07 00031778 E00057 MANALANSAN, NEAL M 11/30/2023 $2,256.17 00031779 E01668 MAY, ROBERT W 11/30/2023 $1,748.38 00031780 E01393 MENDEZ, ANGELA M 11/30/2023 $2,186.58 00031781 E03628 MENDOZA, CHRISTI C 11/30/2023 $2,121.71 00031782 E04958 NGO, TINA 11/30/2023 $2,927.56 Server Name: cognos.ggcity.org User Name: victoriac

CITY OF GARDEN GROVE
GGFEFM002 Warrant Register Payroll
Check Dates Nov 30, 2023
Report Generated on Nov 29, 2023 4:37:25 PM Page 4
Check Vendor # Vendor Name Issue Date Check Amount
00031783 E04838 NIGATU, SELAMAWIT 11/30/2023 $3,134.67 00031784 E02429 PHAM, ANH 11/30/2023 $1,921.37 00031785 E03610 RAMIREZ, EVA 11/30/2023 $2,154.86 00031786 E04973 RAMOS, NANCY 11/30/2023 $3,183.98 00031787 E05097 RODRIGUEZ, SEBASTIAN 11/30/2023 $2,114.46 00031788 E03539 SEGAWA, SANDRA E 11/30/2023 $4,076.82 00031789 E04780 SONG, YUAN 11/30/2023 $5,497.72 00031790 E03085 VICTORIA, PAUL E 11/30/2023 $1,554.25 00031791 E04859 VO, MY TRA 11/30/2023 $4,132.32 00031792 E03433 WESTON, RETA J 11/30/2023 $550.89 00031793 E04674 WHITTAKER DEGEN, HELEN E 11/30/2023 $143.44 00031794 E04527 YOO, MEENA 11/30/2023 $2,903.66 00031795 E04493 ANDREWS, STEVEN F 11/30/2023 $2,699.05 00031796 E00845 CHANG, TERENCE S 11/30/2023 $3,153.79 00031797 E05091 ENCISO, MARIA VERONICA M 11/30/2023 $2,245.41 00031798 E03498 ESPINOZA, VERNA L 11/30/2023 $2,467.16 00031799 E04523 GALLO, CESAR 11/30/2023 $3,422.85 00031800 E04415 GOLD, ANNA L 11/30/2023 $2,313.01 00031801 E04713 HINGCO, ERNIE E 11/30/2023 $2,221.45 00031802 E02617 KLOESS, GEOFFREY A 11/30/2023 $4,654.46 00031803 E03571 MORAGRAAN, RACHOT 11/30/2023 $4,234.85 00031804 E05071 OCHOA, NICOLAS E 11/30/2023 $2,515.81 00031805 E01277 PROFFITT, NOEL J 11/30/2023 $3,784.61 00031806 E01901 RAO, ANAND V 11/30/2023 $6,834.67 00031807 E05073 SEYMOUR, DAVID M 11/30/2023 $958.92 00031808 E04395 SWANSON, MATTHEW T 11/30/2023 $2,053.79 00031809 E01674 VALENZUELA, ANTHONY 11/30/2023 $1,809.50 00031810 E00809 VICTORIA, ROD T 11/30/2023 $2,648.58 00031811 E03509 WINSTON, TERREL KEITH 11/30/2023 $3,429.13 00031812 E03725 ABU HAMDIYYAH, AMEENAH 11/30/2023 $2,154.45 00031813 E02996 ASHLEIGH, JULIE A 11/30/2023 $2,305.43 00031814 E03601 CHUNG, CHRISTOPHER 11/30/2023 $6,615.23 00031815 E00128 CRAMER, RITA M 11/30/2023 $2,589.90 00031816 E04394 DAHLHEIMER, BRYSON T 11/30/2023 $31.36 00031817 E04879 DAKE, RYAN J 11/30/2023 $2,459.76 Server Name: cognos.ggcity.org User Name: victoriac

CITY OF GARDEN GROVE
GGFEFM002 Warrant Register Payroll
Check Dates Nov 30, 2023
Report Generated on Nov 29, 2023 4:37:25 PM Page 5
Check Vendor # Vendor Name Issue Date Check Amount
00031818 E04578 DENT, DAVID A 11/30/2023 $4,897.23 00031819 E03531 HERNANDEZ, RALPH V 11/30/2023 $2,459.17 00031820 E04855 HERRERA JR, ARMANDO 11/30/2023 $1,741.62 00031821 E03410 HODSON, AARON J 11/30/2023 $2,309.24 00031822 E04716 KASKLA, PRIIT J 11/30/2023 $2,400.38 00031823 E04959 LE, KENNETH H 11/30/2023 $2,170.73 00031824 E04490 LY, HUONG Q 11/30/2023 $2,424.34 00031825 E04194 MARTINEZ, MARIA L 11/30/2023 $3,122.96 00031826 E03044 MOORE, JUDITH A 11/30/2023 $2,301.27 00031827 E04635 NGUYEN, PHU T 11/30/2023 $4,065.95 00031828 E02842 PARRA, MARIA C 11/30/2023 $3,239.29 00031829 E05172 QUENTAL, RYAN 11/30/2023 $2,189.27 00031830 E04992 ROBLES, ALFONSO 11/30/2023 $2,622.55 00031831 E04862 TRAN, JAKE P 11/30/2023 $2,088.75 00031832 E05048 TUONG, NGHIA T 11/30/2023 $2,304.89 00031833 E05053 VU, VINNY X 11/30/2023 $1,793.58 00031834 E05150 WETZEL, NIKI 11/30/2023 $4,697.21 00031835 E03643 ALVARADO, YOLANDA A 11/30/2023 $1,937.91 00031836 E04771 BAILOR, REBECCA J 11/30/2023 $249.23 00031837 E04988 BAUTISTA, BRENDA 11/30/2023 $2,267.72 00031838 E02658 CAMARENA, RACHEL M 11/30/2023 $2,218.49 00031839 E01588 CAMARENA, RENE 11/30/2023 $2,460.96 00031840 E01902 CASILLAS, VICTORIA M 11/30/2023 $2,145.07 00031841 E05101 CASTANEDA, LILIANA 11/30/2023 $233.09 00031842 E05121 CASTRO PEREZ, ANDREA 11/30/2023 $87.41 00031843 E05058 CATAQUIZ, CHARLIZE N 11/30/2023 $334.61 00031844 E03304 CHUMACERO, DEANNA M 11/30/2023 $1,972.64 00031845 E04611 CROSS, AMANDA D 11/30/2023 $2,056.96 00031846 E04653 DIAZ, GABRIELA 11/30/2023 $626.63 00031847 E05013 DINH, TIFFANY 11/30/2023 $430.21 00031848 E05090 ESCARENO, MELISSA 11/30/2023 $367.84 00031849 E05158 FABIAN, SHARON J 11/30/2023 $254.94 00031850 E05015 FALETOI, TERRY U 11/30/2023 $397.04 00031851 E02120 FRAUSTO, LUIZ F 11/30/2023 $346.44 00031852 E04679 FREEMAN, MARK C 11/30/2023 $4,054.78 Server Name: cognos.ggcity.org User Name: victoriac

CITY OF GARDEN GROVE
GGFEFM002 Warrant Register Payroll
Check Dates Nov 30, 2023
Report Generated on Nov 29, 2023 4:37:25 PM Page 6
Check Vendor # Vendor Name Issue Date Check Amount
00031853 E04481 GARCIA, JARED D 11/30/2023 $497.90 00031854 E05185 GARCIA, KATY 11/30/2023 $589.42 00031855 E04253 GARCIA, VANESSA L 11/30/2023 $674.85 00031856 E05069 GARCIA, VERONICA 11/30/2023 $116.09 00031857 E03337 GODDARD, JENNIFER DANIELLE 11/30/2023 $2,883.51 00031858 E00940 GRANT, JACOB R 11/30/2023 $4,446.96 00031859 E04967 HASHEMI, SETAREH 11/30/2023 $334.61 00031860 E05152 HERNANDEZ, CLARISSA 11/30/2023 $386.05 00031861 E05147 LE, WILSON D 11/30/2023 $422.47 00031862 E05032 LEE, JASON J 11/30/2023 $254.94 00031863 E03603 MA AE, ELAINE M 11/30/2023 $3,214.37 00031864 E05140 MARTINEZ, ERICK 11/30/2023 $412.70 00031865 E05148 MAZARIEGOS, ALEXA X 11/30/2023 $357.37 00031866 E01552 MEDINA, JESUS 11/30/2023 $1,819.31 00031867 E00455 MEDINA, JUAN 11/30/2023 $2,479.97 00031868 E05186 MELVIN, ALEXIS 11/30/2023 $305.46 00031869 E02808 MONTANCHEZ, JOHN A 11/30/2023 $6,059.54 00031870 E05128 NAEA, IRIEANNA M 11/30/2023 $284.08 00031871 E05126 NGO, Y N 11/30/2023 $189.38 00031872 E04947 NGUYEN, ALEXANDER H 11/30/2023 $444.32 00031873 E04391 NICHOLAS, NOEL N 11/30/2023 $1,573.01 00031874 E04931 NODAL, NATALIE 11/30/2023 $302.29 00031875 E00785 OCADIZ HERNANDEZ, GABRIELA 11/30/2023 $5,095.82 00031876 E04965 ORDUNO, SAMANTHA 11/30/2023 $406.14 00031877 E05164 PARCELL, SAMANTHA M 11/30/2023 $371.48 00031878 E03361 PELAYO, JANET E 11/30/2023 $4,261.58 00031879 E05137 PHAN, BRYAN L 11/30/2023 $72.84 00031880 E04777 PHAN, EDOUARD T 11/30/2023 $234.91 00031881 E03893 PICKRELL, ARIELLE 11/30/2023 $53.43 00031882 E05116 PRADO, ALEXA 11/30/2023 $414.27 00031883 E02754 REYNOSO, SUGEIRY 11/30/2023 $2,724.44 00031884 E05103 RODRIGUEZ, MATTHEW S 11/30/2023 $218.52 00031885 E03362 ROMERO, MARINA Y 11/30/2023 $2,148.99 00031886 E04684 ROSALES, MARIA D 11/30/2023 $428.17 00031887 E04614 ROSAS, TANYA 11/30/2023 $522.40 Server Name: cognos.ggcity.org User Name: victoriac

CITY OF GARDEN GROVE
GGFEFM002 Warrant Register Payroll
Check Dates Nov 30, 2023
Report Generated on Nov 29, 2023 4:37:25 PM Page 7
Check Vendor # Vendor Name Issue Date Check Amount
00031888 E01893 SAUCEDO, DANA MARIE 11/30/2023 $3,366.03 00031889 E00925 SCHLUMPBERGER, EMERON J 11/30/2023 $1,100.77 00031890 E04926 SERNA, SAMANTHA M 11/30/2023 $288.39 00031891 E04795 SIEVE, MYCHAELLA J 11/30/2023 $569.89 00031892 E05151 SORIANO, KIMBERLY A 11/30/2023 $913.83 00031893 E05030 TRIGGS, MARY SHANNON 11/30/2023 $329.37 00031894 E04924 TU, KATHY 11/30/2023 $218.52 00031895 E01396 VALDIVIA, CLAUDIA 11/30/2023 $3,754.37 00031896 E00015 VAN SICKLE, JEFFREY 11/30/2023 $2,727.90 00031897 E04687 VARGAS, SAMANTHA B 11/30/2023 $406.29 00031898 E05046 VARGAS-CABRERA, ARMANDO 11/30/2023 $415.19 00031899 E05018 VILLEGAS, MIA A 11/30/2023 $80.12 00031900 E04274 WILMES, DAVID M 11/30/2023 $438.27 00031901 E05070 XOOL VARGAS, RUDY G 11/30/2023 $196.67 00031902 E05076 XU, CHARLIE 11/30/2023 $211.24 00031903 E05175 AGUILAR, JENNIFER 11/30/2023 $371.48 00031904 E03819 ALAMILLO, MARCOS R 11/30/2023 $4,401.87 00031905 E03712 ALARCON, CLAUDIA 11/30/2023 $4,470.99 00031906 E03616 ALCARAZ, MARIA A 11/30/2023 $2,760.95 00031907 E00121 ALLISON, WILLIAM 11/30/2023 $6,574.65 00031908 E04873 ALVARADO, MADELINE M 11/30/2023 $2,486.40 00031909 E04080 ALVAREZ BROWN, RICHARD A 11/30/2023 $0.00 00031910 E05028 AMAYA, JOSE J 11/30/2023 $6,757.84 00031911 E03011 ANDERSON, BOBBY B 11/30/2023 $4,331.83 00031912 E05040 ARCHULETA, ANDREW M 11/30/2023 $4,065.69 00031913 E01234 ARELLANO, PEDRO R 11/30/2023 $4,741.63 00031914 E04875 ARROYO, SANDRA M 11/30/2023 $3,822.51 00031915 E04497 ASHBAUGH, TIMOTHY R 11/30/2023 $4,263.95 00031916 E03397 ASHBY, PAUL W 11/30/2023 $4,394.47 00031917 E04719 ATWOOD, MARIA S 11/30/2023 $3,525.84 00031918 E04613 AVALOS JR, FRANCISCO 11/30/2023 $2,782.30 00031919 E04033 AVALOS, KATHERINE MARIE 11/30/2023 $2,792.78 00031920 E04550 BAEK, SHARON S 11/30/2023 $2,799.41 00031921 E05062 BAEZ, JASMIN 11/30/2023 $532.45 00031922 E04209 BAINTO, JUDY A 11/30/2023 $540.64 Server Name: cognos.ggcity.org User Name: victoriac

CITY OF GARDEN GROVE
GGFEFM002 Warrant Register Payroll
Check Dates Nov 30, 2023
Report Generated on Nov 29, 2023 4:37:25 PM Page 8
Check Vendor # Vendor Name Issue Date Check Amount
00031923 E04778 BAKER, COLLIN E 11/30/2023 $3,607.87 00031924 E03005 BANKSON, JOHN F 11/30/2023 $5,161.23 00031925 E04645 BARRAZA, RENE 11/30/2023 $6,439.76 00031926 E05041 BARRIOS-ROA, JAYDE D. 11/30/2023 $2,805.17 00031927 E04432 BEHZAD, JOSHUA K 11/30/2023 $3,152.02 00031928 E04951 BELLO, ANGELICA 11/30/2023 $2,088.84 00031929 E03006 BELTHIUS, LISA A 11/30/2023 $255.39 00031930 E04976 BELTHIUS, TYLER E 11/30/2023 $393.34 00031931 E04753 BERENGER, BEAU A 11/30/2023 $4,826.62 00031932 E03296 BERESFORD, EVAN S 11/30/2023 $4,671.42 00031933 E01604 BERLETH, RYAN S 11/30/2023 $2,280.34 00031934 E03443 BLUM, JAMES A 11/30/2023 $3,928.92 00031935 E03363 BOWEN, GENA M 11/30/2023 $1,953.69 00031936 E04767 BOWMAN, TROY F 11/30/2023 $3,220.30 00031937 E04963 BOYENS III, ROBERT 11/30/2023 $4,590.20 00031938 E00946 BRAME, KAREN D 11/30/2023 $2,266.37 00031939 E04803 BRANTNER, BRITTANEE N 11/30/2023 $1,829.34 00031940 E05083 BRITTON, CODY W 11/30/2023 $2,882.85 00031941 E03380 BROWN, JEFFREY A 11/30/2023 $6,374.52 00031942 E03968 BRUNICK, CARISSA L 11/30/2023 $2,639.05 00031943 E05074 BUJANONDA, CHANON 11/30/2023 $3,855.06 00031944 E02031 BURILLO, RICHARD O 11/30/2023 $6,122.28 00031945 E03972 BUSTILLOS, RYAN V 11/30/2023 $3,417.79 00031946 E05077 CAGLE, RONALD L 11/30/2023 $1,978.34 00031947 E03964 CAMARA, DANIEL A 11/30/2023 $3,251.69 00031948 E04074 CAMPOS, JESENIA 11/30/2023 $2,315.67 00031949 E03739 CAPPS, THOMAS A 11/30/2023 $5,597.68 00031950 E05002 CARBALLO, MILTON A 11/30/2023 $3,192.94 00031951 E02372 CENTENO, JUAN C 11/30/2023 $5,206.67 00031952 E03607 CHANG, DAVID Y H 11/30/2023 $2,634.98 00031953 E03481 CHAURAN HAIRGROVE, TAMMY L 11/30/2023 $3,797.07 00031954 E04498 CHEATHAM, JEROME L 11/30/2023 $4,908.67 00031955 E03423 CHOWDHURY, JACINTA F 11/30/2023 $1,946.73 00031956 E00003 CIBOSKY, COURTNEY P 11/30/2023 $3,416.34 00031957 E04539 CLASBY JR, BRIAN M 11/30/2023 $1,105.65 Server Name: cognos.ggcity.org User Name: victoriac

CITY OF GARDEN GROVE
GGFEFM002 Warrant Register Payroll
Check Dates Nov 30, 2023
Report Generated on Nov 29, 2023 4:37:25 PM Page 9
Check Vendor # Vendor Name Issue Date Check Amount
00031958 E04832 CORTEZ JR, DARRYL B 11/30/2023 $3,115.99 00031959 E04666 CORTEZ, JULIO C 11/30/2023 $4,476.19 00031960 E01796 COULTER, GARY L 11/30/2023 $6,276.52 00031961 E04555 CRUZ, REYNA 11/30/2023 $2,072.56 00031962 E01364 DALTON, BRIAN D 11/30/2023 $5,096.84 00031963 E04874 DANG, JOHN 11/30/2023 $1,458.31 00031964 E00126 DANIELEY III, CHARLIE H 11/30/2023 $1,492.93 00031965 E04503 DAVILA, ISAAC 11/30/2023 $3,625.87 00031966 E04431 DE ALMEIDA LOPES, NICHOLAS A 11/30/2023 $4,907.01 00031967 E04731 DE PADUA, TANNER C 11/30/2023 $3,682.36 00031968 E03691 DELGADO JR, JUAN L 11/30/2023 $19,614.61 00031969 E03395 DIX, JENNIFER A 11/30/2023 $2,732.08 00031970 E05088 DOAN, THOMMY 11/30/2023 $3,106.58 00031971 E02313 DOSCHER, RONALD A 11/30/2023 $4,096.67 00031972 E04586 DOVEAS, CHRISTOPHER C 11/30/2023 $465.31 00031973 E04281 DRISCOLL, RUSSELL B 11/30/2023 $2,389.38 00031974 E04844 DUARTE, TAYLOR M 11/30/2023 $3,457.91 00031975 E04720 DUDLEY, BROC D 11/30/2023 $4,014.72 00031976 E03625 EARLE, CHRISTOPHER M 11/30/2023 $4,276.74 00031977 E03740 EL FARRA, AMIR A 11/30/2023 $6,603.97 00031978 E03927 ELHAMI, MICHAEL K 11/30/2023 $4,764.26 00031979 E03933 ELIZONDO, BENJAMIN M 11/30/2023 $4,150.11 00031980 E04016 ELIZONDO, FLOR DE LIS 11/30/2023 $2,643.18 00031981 E01598 ELSOUSOU, HELENA 11/30/2023 $3,808.87 00031982 E02708 ENRIQUEZ, JOHN G 11/30/2023 $822.95 00031983 E05174 ESCOBAR, MARIANA 11/30/2023 $451.61 00031984 E04334 ESCOBEDO, JOSHUA N 11/30/2023 $4,591.19 00031985 E02724 ESTLOW, STEPHEN C 11/30/2023 $4,060.26 00031986 E04358 ESTRADA MONSANTO, MICHELLE N 11/30/2023 $3,791.79 00031987 E04748 FAJARDO, JESUS 11/30/2023 $3,504.66 00031988 E04303 FERREIRA JR, HECTOR 11/30/2023 $3,550.27 00031989 E01663 FERRIN, KORY C 11/30/2023 $5,998.49 00031990 E03976 FIGUEREDO, GEORGE R 11/30/2023 $4,629.72 00031991 E04774 FLINN, PATRICIA C 11/30/2023 $3,039.51 00031992 E02887 FOSTER, VICTORIA M 11/30/2023 $1,603.82 Server Name: cognos.ggcity.org User Name: victoriac

CITY OF GARDEN GROVE
GGFEFM002 Warrant Register Payroll
Check Dates Nov 30, 2023
Report Generated on Nov 29, 2023 4:37:25 PM Page 10
Check Vendor # Vendor Name Issue Date Check Amount
00031993 E02963 FRANKS, JAMES D 11/30/2023 $4,129.37 00031994 E04747 FRESENIUS, ROBERT D 11/30/2023 $3,095.27 00031995 E00903 FRUTOS, VERONICA 11/30/2023 $2,022.65 00031996 E04729 GARCIA, JOSEPH A 11/30/2023 $3,043.61 00031997 E03086 GARCIA, PETE 11/30/2023 $4,584.03 00031998 E03659 GARNER, AMANDA B 11/30/2023 $2,151.05 00031999 E04351 GERDIN, MICHAEL E 11/30/2023 $3,767.63 00032000 E04542 GIFFORD, ROBERT J 11/30/2023 $3,615.71 00032001 E04658 GIRGENTI, BRIAN C 11/30/2023 $4,300.22 00032002 E04401 GLEASON, SEAN M 11/30/2023 $3,499.79 00032003 E04917 GOMEZ, JESUS 11/30/2023 $2,804.27 00032004 E04863 GONZALEZ JR, GONZALO 11/30/2023 $3,884.94 00032005 E05003 HA, DANNY 11/30/2023 $4,102.45 00032006 E04732 HADDEN, TRAVIS J 11/30/2023 $3,196.96 00032007 E04787 HALEY, KYLE N 11/30/2023 $4,368.93 00032008 E03527 HALLER, TROY 11/30/2023 $5,842.15 00032009 E03402 HEINE, STEVEN H 11/30/2023 $4,989.14 00032010 E05157 HERNANDEZ CALLEROS, SAIRA 11/30/2023 $1,808.07 00032011 E04872 HERNANDEZ, KRISTINA L 11/30/2023 $1,902.92 00032012 E02469 HERRERA, JOSE D 11/30/2023 $4,711.37 00032013 E04244 HINGCO, PINKY C 11/30/2023 $3,702.69 00032014 E03713 HOLLOWAY, WILLIAM T 11/30/2023 $4,663.25 00032015 E04739 HOWARD, JASON A 11/30/2023 $3,991.69 00032016 E04654 HURLEY, KIRK P 11/30/2023 $3,811.59 00032017 E04089 HUTCHINS, DONALD J 11/30/2023 $16,777.84 00032018 E03815 HUYNH, AI KELLY 11/30/2023 $2,879.06 00032019 E03559 HUYNH, THI A 11/30/2023 $4,795.33 00032020 E04915 ITURRALDE, JENNIFER L 11/30/2023 $1,808.07 00032021 E04583 JENSEN, MICHAEL J 11/30/2023 $4,777.04 00032022 E02935 JENSEN, NICKOLAS K 11/30/2023 $5,149.34 00032023 E04587 JIMENEZ JR, EFRAIN A 11/30/2023 $4,972.48 00032024 E04781 JIMENEZ TAVAREZ, SERGIO J 11/30/2023 $3,115.71 00032025 E04655 JOHNSON, CODY M 11/30/2023 $2,781.70 00032026 E03368 JOHNSON, JASON L 11/30/2023 $4,376.80 00032027 E03831 JORDAN, GERALD F 11/30/2023 $4,912.31 Server Name: cognos.ggcity.org User Name: victoriac

CITY OF GARDEN GROVE
GGFEFM002 Warrant Register Payroll
Check Dates Nov 30, 2023
Report Generated on Nov 29, 2023 4:37:25 PM Page 11
Check Vendor # Vendor Name Issue Date Check Amount
00032028 E04444 JULIENNE, PATRICK R 11/30/2023 $4,166.76 00032029 E04460 KAISER, GEORGE R 11/30/2023 $654.92 00032030 E04559 KELLEY, KRISTOFER D 11/30/2023 $3,090.54 00032031 E04353 KEUILIAN, SHELBY 11/30/2023 $2,310.82 00032032 E04663 KIM, CHAD B 11/30/2023 $3,341.12 00032033 E04641 KIM, EDWARD K 11/30/2023 $461.80 00032034 E04538 KIMBERLY, ALLYSON L 11/30/2023 $2,026.12 00032035 E03932 KIVLER, ROBERT J 11/30/2023 $3,703.34 00032036 E03389 KOLANO, JOSEPH L 11/30/2023 $3,246.73 00032037 E03294 KOVACS, LEA K 11/30/2023 $4,087.65 00032038 E05000 KOVACS, TIMOTHY M 11/30/2023 $3,659.87 00032039 E04669 KOVACS, TIMOTHY P 11/30/2023 $5,919.14 00032040 E03484 KUNKEL, PETER M 11/30/2023 $4,385.38 00032041 E04857 LANG, MICHAEL J 11/30/2023 $4,023.29 00032042 E03511 LAZENBY, NICHOLAS A 11/30/2023 $4,196.75 00032043 E04877 LE, BAO TINH THI 11/30/2023 $2,112.86 00032044 E04021 LEE, RAPHAEL M 11/30/2023 $4,463.76 00032045 E03488 LEYVA, ERICK 11/30/2023 $24,106.32 00032046 E04541 LINK, DEREK M 11/30/2023 $18,058.47 00032047 E00030 LOERA JR, RAFAEL 11/30/2023 $5,539.94 00032048 E05033 LOFFLER, CHARLES H 11/30/2023 $6,586.25 00032049 E05066 LORD, MARK A 11/30/2023 $4,640.61 00032050 E04581 LOWEN, BRADLEY A 11/30/2023 $3,251.11 00032051 E04761 LUCATERO, JESSE A 11/30/2023 $3,696.14 00032052 E00027 LUKAS, STEVEN W 11/30/2023 $2,374.96 00032053 E04048 LUX, ROBERT D 11/30/2023 $3,503.86 00032054 E03663 LUX, RYAN M 11/30/2023 $4,338.33 00032055 E04772 LY, LINDALINH THU 11/30/2023 $2,439.23 00032056 E04661 MACHUCA, ROBERTO 11/30/2023 $5,392.75 00032057 E03752 MACY, TAYLOR A 11/30/2023 $4,136.06 00032058 E04532 MANIACI, GIANLUCA F 11/30/2023 $4,225.14 00032059 E04435 MARCHAND, MATTHEW P 11/30/2023 $4,676.29 00032060 E01359 MARTINEZ JR, MARIO 11/30/2023 $6,437.36 00032061 E04974 MARTINEZ, JUANITA PATRICIA 11/30/2023 $3,315.87 00032062 E02792 MATA, RAQUEL D 11/30/2023 $855.17 Server Name: cognos.ggcity.org User Name: victoriac

CITY OF GARDEN GROVE
GGFEFM002 Warrant Register Payroll
Check Dates Nov 30, 2023
Report Generated on Nov 29, 2023 4:37:25 PM Page 12
Check Vendor # Vendor Name Issue Date Check Amount
00032063 E04656 MAZON, JORGE L 11/30/2023 $3,306.22 00032064 E02796 MCFARLANE, MARIA C 11/30/2023 $2,899.99 00032065 E06761 MEEKS, REBECCA S 11/30/2023 $5,306.46 00032066 E03826 MEERS, BRYAN J 11/30/2023 $3,498.44 00032067 E02655 MENDOZA CAMPOS, MELISSA 11/30/2023 $2,952.79 00032068 E03965 MIHALIK, DANNY J 11/30/2023 $3,836.92 00032069 E04804 MONTECINOS, LAUREN MARIE 11/30/2023 $2,829.02 00032070 E04865 MORIN, LINDA M 11/30/2023 $3,570.55 00032071 E04352 MORSE, JEREMY N 11/30/2023 $3,848.29 00032072 E01940 MORTON, NATHAN D 11/30/2023 $4,186.53 00032073 E04454 MOSER, MICHAEL A 11/30/2023 $19,676.66 00032074 E03929 MURILLO JR, RAUL 11/30/2023 $4,637.91 00032075 E04626 MURO, JASON M 11/30/2023 $4,774.19 00032076 E04577 MUSCHETTO, PATRICK J 11/30/2023 $3,909.55 00032077 E03422 NADOLSKI, THOMAS R 11/30/2023 $2,615.09 00032078 E05084 NAKANO HITZKE, SARAH V 11/30/2023 $2,954.72 00032079 E04111 NEELY, JACOB J 11/30/2023 $3,765.46 00032080 E05111 NGUYEN, HAU D 11/30/2023 $383.14 00032081 E02813 NGUYEN, TRINA T 11/30/2023 $2,803.71 00032082 E04540 NIKOLIC, ADAM C 11/30/2023 $6,442.63 00032083 E05146 NIZ, IXA N 11/30/2023 $1,877.95 00032084 E05054 NUNEZ, BREANNE S 11/30/2023 $2,795.92 00032085 E03350 OLIVO, JOSHUA T 11/30/2023 $4,853.51 00032086 E04035 ORTIZ, STEVEN TRUJILLO 11/30/2023 $2,864.29 00032087 E03427 PANELLA, JOSEPH N 11/30/2023 $2,577.91 00032088 E04910 PAQUA, BRANDON J 11/30/2023 $2,880.82 00032089 E01948 PARK, BRANDY J 11/30/2023 $3,552.11 00032090 E02995 PAYAN, CRISTINA V 11/30/2023 $4,225.60 00032091 E00824 PAYAN, LUIS A 11/30/2023 $28,604.98 00032092 E04843 PEREZ, EMMANUEL 11/30/2023 $3,525.86 00032093 E00145 PERKINS, JASON S 11/30/2023 $5,783.93 00032094 E04429 PHAM, PHILLIP H 11/30/2023 $3,563.97 00032095 E06938 PLUARD, DOUGLAS A 11/30/2023 $5,664.24 00032096 E03299 POLOPEK, COREY T 11/30/2023 $3,937.47 00032097 E05173 PONCE, GALILEA 11/30/2023 $554.53 Server Name: cognos.ggcity.org User Name: victoriac

CITY OF GARDEN GROVE
GGFEFM002 Warrant Register Payroll
Check Dates Nov 30, 2023
Report Generated on Nov 29, 2023 4:37:25 PM Page 13
Check Vendor # Vendor Name Issue Date Check Amount
00032098 E05050 QUANG, DENNIS 11/30/2023 $3,095.99 00032099 E04788 QUIROZ, LUIS A 11/30/2023 $2,700.92 00032100 E05100 RAABE, MATTHEW A 11/30/2023 $3,134.66 00032101 E03967 RAMIREZ OROZCO, SINDY 11/30/2023 $3,563.94 00032102 E04955 RAMIREZ, KAYLYN C 11/30/2023 $2,553.13 00032103 E03390 RAMIREZ, LUIS F 11/30/2023 $11,136.68 00032104 E05021 RAMIREZ, TERRA M 11/30/2023 $3,535.14 00032105 E04914 RAMOS, RODOLFO B 11/30/2023 $291.36 00032106 E03217 RANEY, JOHN E 11/30/2023 $4,440.05 00032107 E04941 RASMUSSEN, TRENTON L 11/30/2023 $3,047.31 00032108 E04659 REED, THOMAS S 11/30/2023 $3,867.98 00032109 E03486 REYES, RON A 11/30/2023 $4,042.71 00032110 E04911 RICHARDS, BRYANT D 11/30/2023 $2,848.99 00032111 E04437 RICHMOND, RYAN R 11/30/2023 $4,104.30 00032112 E04860 ROCHA, RUDY A 11/30/2023 $1,819.91 00032113 E04738 RODRIGUEZ, DANIEL 11/30/2023 $3,615.64 00032114 E04082 RODRIGUEZ, JENNIFER M 11/30/2023 $3,223.49 00032115 E05001 RODRIGUEZ, RYAN ELIJAH 11/30/2023 $4,645.61 00032116 E04438 ROGERS, CHRISTIN E 11/30/2023 $3,614.78 00032117 E04385 ROJAS, ASHLEY C 11/30/2023 $2,716.78 00032118 E04507 ROMBOUGH, JENNIFER V 11/30/2023 $2,918.15 00032119 E05176 RUFF, KATHERINE 11/30/2023 $430.81 00032120 E04552 RUZIECKI, ERIC T 11/30/2023 $4,581.64 00032121 E02845 SALAZAR, SEAN M 11/30/2023 $4,281.78 00032122 E04845 SALGADO JR., ALFREDO 11/30/2023 $3,359.76 00032123 E03297 SAMOFF, TANYA L 11/30/2023 $3,157.30 00032124 E02646 SANTANA, LINO G 11/30/2023 $8,666.53 00032125 E05086 SEELY, BRITTANY L 11/30/2023 $116.54 00032126 E03035 SEYMOUR, SUSAN A I 11/30/2023 $3,574.89 00032127 E04282 SHELGREN, CHRISTOPHER M 11/30/2023 $3,829.87 00032128 E04616 SHIPLEY, AARON T 11/30/2023 $2,781.18 00032129 E02937 SHORROW, NICOLE D 11/30/2023 $3,892.57 00032130 E04864 SILVA, LEVI JOENIEL 11/30/2023 $3,502.79 00032131 E04576 SIMONS, SHAYLEN L 11/30/2023 $3,615.50 00032132 E04934 SLETTVET, HEATHER P 11/30/2023 $2,860.51 Server Name: cognos.ggcity.org User Name: victoriac

CITY OF GARDEN GROVE
GGFEFM002 Warrant Register Payroll
Check Dates Nov 30, 2023
Report Generated on Nov 29, 2023 4:37:25 PM Page 14
Check Vendor # Vendor Name Issue Date Check Amount
00032133 E02587 SOSEBEE, DANNY J 11/30/2023 $3,423.62 00032134 E03563 SPELLMAN, MARSHA D 11/30/2023 $3,398.38 00032135 E04500 STAAL, GAREY D 11/30/2023 $10,266.83 00032136 E03218 STARNES, CHARLES W 11/30/2023 $4,898.01 00032137 E03761 STEPHENSON III, ROBERT M 11/30/2023 $6,094.49 00032138 E04584 STROUD, BRIAN T 11/30/2023 $5,108.26 00032139 E02979 TESSIER, PAUL M 11/30/2023 $4,781.37 00032140 E04449 TRAN, SPENCER T 11/30/2023 $3,380.23 00032141 E05145 VACCARO, CHRISTIAN L 11/30/2023 $233.09 00032142 E02982 VAICARO, VINCENTE J 11/30/2023 $5,773.04 00032143 E05178 VALDEZ, GREGORY N. 11/30/2023 $1,861.20 00032144 E03053 VALENCIA, EDGAR 11/30/2023 $4,745.43 00032145 E04667 VAUGHN, CALEB I 11/30/2023 $1,751.74 00032146 E04977 VAZQUEZ, BRIAN M 11/30/2023 $393.34 00032147 E04434 VELLANOWETH, KIMBRA S 11/30/2023 $2,319.86 00032148 E04903 VIGIL, DANIEL C 11/30/2023 $2,641.66 00032149 E03022 VU, TUONG-VAN NGUYEN 11/30/2023 $2,447.29 00032150 E04730 VU, TYLER D 11/30/2023 $2,575.74 00032151 E01905 WAINWRIGHT, JONATHAN B 11/30/2023 $4,552.75 00032152 E03220 WARDLE, DENNIS 11/30/2023 $4,639.95 00032153 E03213 WARDLE, SANTA 11/30/2023 $2,209.25 00032154 E04758 WEYKER, CHRYSTAL L 11/30/2023 $2,672.83 00032155 E03305 WIMMER, ROYCE C 11/30/2023 $5,806.31 00032156 E04762 WREN, DANIELLE E 11/30/2023 $3,590.22 00032157 E04763 WRIGHT, SARAH A 11/30/2023 $3,354.77 00032158 E04856 XU, DUO 11/30/2023 $2,464.29 00032159 E03543 YELENSKY, SHANNON M 11/30/2023 $1,923.35 00032160 E04156 YERGLER, JOHN J 11/30/2023 $6,148.69 00032161 E04722 YNIGUEZ, COLE A 11/30/2023 $3,449.97 00032162 E09942 YOUNG, DAVID C 11/30/2023 $919.53 00032163 E01978 ZMIJA, ADAM D 11/30/2023 $4,581.57 00032164 E04517 AGUIRRE, ALFRED J 11/30/2023 $3,721.94 00032165 E01626 AGUIRRE, ANSELMO 11/30/2023 $2,204.58 00032166 E05087 ALVAREZ, CARLOS J 11/30/2023 $1,850.07 00032167 E04631 ANDREI, IOAN 11/30/2023 $1,211.42 Server Name: cognos.ggcity.org User Name: victoriac

CITY OF GARDEN GROVE
GGFEFM002 Warrant Register Payroll
Check Dates Nov 30, 2023
Report Generated on Nov 29, 2023 4:37:25 PM Page 15
Check Vendor # Vendor Name Issue Date Check Amount
00032168 E05113 ARAUJO, ANTONIO 11/30/2023 $957.07 00032169 E04678 BABINSKI IV, SYLVESTER A 11/30/2023 $2,125.95 00032170 E05098 BARNESE, VINCENZO A 11/30/2023 $2,575.66 00032171 E05135 BARNHART, CHARLEY A 11/30/2023 $1,049.27 00032172 E04336 BECERRA, RODOLPHO M 11/30/2023 $2,329.67 00032173 E04972 BECERRA-SAMANIEGO JR, GABRIEL 11/30/2023 $1,346.38 00032174 E01255 BOS, MICHAEL C 11/30/2023 $2,330.79 00032175 E04650 BUCHLER, RAYMOND A 11/30/2023 $1,763.19 00032176 E05162 CAISEROS, CHRISTIAN 11/30/2023 $1,049.27 00032177 E01584 CANDELARIA, DANIEL J 11/30/2023 $4,403.85 00032178 E04300 CANO, EDGAR A 11/30/2023 $2,522.59 00032179 E03828 CANTRELL, JEFFREY G 11/30/2023 $3,045.52 00032180 E03811 CARRISOZA, ALBERT J 11/30/2023 $2,421.95 00032181 E00916 CARTER, PHILLIP J 11/30/2023 $3,567.54 00032182 E04869 CHAVEZ, DAMIAN JESUS 11/30/2023 $816.66 00032183 E04551 CONTRERAS, GABRIELA R 11/30/2023 $2,700.69 00032184 E03518 COTTON, JULIE T 11/30/2023 $1,856.27 00032185 E03807 DE LA ROSA, VINCENT L 11/30/2023 $3,332.14 00032186 E05170 DELGADO REYES, JORGE A 11/30/2023 $509.31 00032187 E03736 DIBAJ, KAMYAR 11/30/2023 $3,606.94 00032188 E05122 DORADO, ANTHONY 11/30/2023 $1,066.62 00032189 E02515 DUVALL, RICK L 11/30/2023 $2,894.06 00032190 E04514 ESPINOZA, ERIC M 11/30/2023 $2,248.00 00032191 E03733 ESPINOZA, JULIA 11/30/2023 $1,362.65 00032192 E03405 FERNANDEZ, CECELIA A 11/30/2023 $1,336.93 00032193 E04990 FLORES, MITCHELL C 11/30/2023 $1,647.30 00032194 E05064 FOX, LUCAS 11/30/2023 $806.50 00032195 E05037 GAINES, JEFFREY S 11/30/2023 $954.99 00032196 E05010 GALVAN, EDGAR 11/30/2023 $974.95 00032197 E04754 GARCIA, ALICIA R 11/30/2023 $1,538.41 00032198 E04677 GIROUARD, CASEY G 11/30/2023 $1,645.53 00032199 E05156 GOMEZ HERNANDEZ, RICARDO 11/30/2023 $1,132.46 00032200 E04629 GOMEZ, DIANA 11/30/2023 $889.86 00032201 E03341 GONZALEZ, JORGE 11/30/2023 $1,302.72 00032202 E03400 GREENE, MICHAEL R 11/30/2023 $2,859.86 Server Name: cognos.ggcity.org User Name: victoriac

CITY OF GARDEN GROVE
GGFEFM002 Warrant Register Payroll
Check Dates Nov 30, 2023
Report Generated on Nov 29, 2023 4:37:25 PM Page 16
Check Vendor # Vendor Name Issue Date Check Amount
00032203 E03685 GUZMAN, JESSE 11/30/2023 $619.54 00032204 E04299 HANSEN, AARON R 11/30/2023 $2,039.54 00032205 E03523 HARO, GLORIA A 11/30/2023 $1,362.17 00032206 E03759 HERNANDEZ, HERMILO 11/30/2023 $0.00 00032207 E04622 HOFER, ALICIA M 11/30/2023 $2,041.54 00032208 E04347 HSIEH, NICOLAS C 11/30/2023 $3,860.37 00032209 E03588 HUYNH, HUY HOA 11/30/2023 $2,466.12 00032210 E04831 ILFELD, MATTHEW D 11/30/2023 $1,817.10 00032211 E01907 JACOT, ROSEMARIE 11/30/2023 $2,392.57 00032212 E04296 JOHNSON, ERIC W 11/30/2023 $2,050.29 00032213 E04979 JURADO, MICHAEL 11/30/2023 $1,595.89 00032214 E04470 KAYLOR, BRENT 11/30/2023 $2,629.01 00032215 E04728 KHALIL, MARK M 11/30/2023 $2,289.89 00032216 E03534 KIM, SAMUEL K 11/30/2023 $4,380.43 00032217 E05115 KOUTSOYANOPULOS, ALDOCHRIS V 11/30/2023 $1,596.93 00032218 E04382 KWIATKOWSKI, BRYAN D 11/30/2023 $1,863.06 00032219 E02852 LADNEY, MARK W 11/30/2023 $2,906.41 00032220 E04769 LAMAS, LEONEL A 11/30/2023 $1,196.04 00032221 E03813 LEWIS, SHAN L 11/30/2023 $3,695.39 00032222 E03301 LEYVA, RAUL 11/30/2023 $4,479.24 00032223 E05065 LOMELI, JONATHAN 11/30/2023 $1,319.56 00032224 E05155 LOPEZ, MOISES 11/30/2023 $971.04 00032225 E05006 MARQUEZ, STEVEN ADAM 11/30/2023 $1,422.44 00032226 E05364 MARU, NAVIN B 11/30/2023 $5,335.56 00032227 E04665 MEJIA, DIEGO A 11/30/2023 $2,406.98 00032228 E03493 MENDEZ, RIGOBERTO 11/30/2023 $2,251.07 00032229 E04998 MENDOZA, LAURA 11/30/2023 $1,069.87 00032230 E04724 MOORE, DOUGLAS A 11/30/2023 $2,760.19 00032231 E04827 MORELAND, ANDREW J 11/30/2023 $1,612.61 00032232 E04222 MOSS, DANIEL C 11/30/2023 $1,753.64 00032233 E01243 MURRAY JR, WILLIAM E 11/30/2023 $7,731.51 00032234 E04634 NAVARRO, JUAN C 11/30/2023 $3,602.65 00032235 E04969 ORNELLAS, MICHAEL 11/30/2023 $1,072.00 00032236 E03378 ORTIZ, STEVEN T 11/30/2023 $2,624.06 00032237 E04999 ORTUNO, ANIBAL 11/30/2023 $2,073.44 Server Name: cognos.ggcity.org User Name: victoriac

CITY OF GARDEN GROVE
GGFEFM002 Warrant Register Payroll
Check Dates Nov 30, 2023
Report Generated on Nov 29, 2023 4:37:25 PM Page 17
Check Vendor # Vendor Name Issue Date Check Amount
00032238 E05114 PACE, FRANK D 11/30/2023 $165.08 00032239 E03754 PINKSTON, RICHARD L 11/30/2023 $2,641.85 00032240 E05112 POE, HEIDI L 11/30/2023 $2,983.23 00032241 E04567 POWELL, AUSTIN H 11/30/2023 $5,708.13 00032242 E03799 QUIROZ, ROLANDO 11/30/2023 $2,371.72 00032243 E05031 RAMIREZ, AACIN 11/30/2023 $2,089.18 00032244 E04572 REED, MELVIN P 11/30/2023 $2,064.02 00032245 E02058 REYES, DELFRADO C 11/30/2023 $1,344.74 00032246 E04295 ROBLES, RAFAEL 11/30/2023 $2,076.67 00032247 E04563 RODRIGUEZ, ADRIANNA M 11/30/2023 $1,316.91 00032248 E05141 RODRIGUEZ, JOY R 11/30/2023 $921.07 00032249 E05004 RUELAS, SERGIO 11/30/2023 $1,581.70 00032250 E04289 SALDIVAR, RICARDO 11/30/2023 $1,356.35 00032251 E04505 SANTOS, MICHAEL F 11/30/2023 $3,502.01 00032252 E05166 SEVELU, FAASEGA J 11/30/2023 $969.20 00032253 E04836 SOTO, WILLIAM A 11/30/2023 $1,790.56 00032254 E05089 STAIR, DEAN T 11/30/2023 $622.16 00032255 E05171 STRAMBEANU, ALEXANDRU E 11/30/2023 $509.31 00032256 E03091 SUDDUTH, STEPHEN D 11/30/2023 $3,058.90 00032257 E01625 TAPIA, LUIS A 11/30/2023 $3,115.51 00032258 E04756 TARIN, ALEXIS P 11/30/2023 $0.00 00032259 E03239 TAUANU U, STEVE J 11/30/2023 $0.00 00032260 E05154 TELLO, ALEJANDRO 11/30/2023 $689.01 00032261 E04773 THURMAN JR, EDWIN O 11/30/2023 $1,137.99 00032262 E08679 THURMAN, RODERICK 11/30/2023 $1,991.90 00032263 E04825 TRUJILLO, JOSEPH E 11/30/2023 $1,703.67 00032264 E02482 UPHUS, MARK P 11/30/2023 $5,378.56 00032265 E03681 VASQUEZ, JOSE A 11/30/2023 $3,407.11 00032266 E05136 VASQUEZ, PEDRO 11/30/2023 $1,842.39 00032267 E05134 VEGA, ERIC J 11/30/2023 $1,049.27 00032268 E02942 VERA, EVARISTO 11/30/2023 $2,050.54 00032269 E03727 VERGARA NEAL, ANA G 11/30/2023 $3,198.79 00032270 E05093 VIRAMONTES, ALEXANDRA 11/30/2023 $2,892.91 00032271 E01580 VU, DAI C 11/30/2023 $4,063.70 00032272 E04362 VU, KHANG L 11/30/2023 $3,950.95 Server Name: cognos.ggcity.org User Name: victoriac

CITY OF GARDEN GROVE
GGFEFM002 Warrant Register Payroll
Check Dates Nov 30, 2023
Report Generated on Nov 29, 2023 4:37:25 PM Page 18
Check Vendor # Vendor Name Issue Date Check Amount
00032273 E04006 WILLIAMS, RICHARD L 11/30/2023 $2,840.05 00032274 E05023 YNIGUEZ, KARISSA N 11/30/2023 $2,630.83 00032275 E05169 ZAMORA, JOEL D 11/30/2023 $1,236.61 00032276 E03436 ZIEGLER, RICK S 11/30/2023 $877.88 00032277 E03917 ALLEN, CHRISTOPHER L 11/30/2023 $77.20 00032278 E04163 AMBRIZ GARCIA, EDWARD D 11/30/2023 $1,558.96 00032279 E04063 BERGER, JAN 11/30/2023 $2,677.99 00032280 E00651 BERMUDEZ, ROBERT P 11/30/2023 $3,618.65 00032281 E03495 BLAS, VICTOR T 11/30/2023 $2,534.34 00032282 E00070 CANNON, TIM P 11/30/2023 $4,439.86 00032283 E04365 DAN, CARINA M 11/30/2023 $2,685.62 00032284 E04440 DAVIS, RYAN H 11/30/2023 $1,838.53 00032285 E03145 DE LA ROSA, FRANK X 11/30/2023 $2,449.20 00032286 E03051 DIEMERT, RONALD W 11/30/2023 $2,370.78 00032287 E02718 ESCOBAR, CHRIS N 11/30/2023 $2,950.47 00032288 E03688 GLENN, JEREMY J 11/30/2023 $1,791.20 00032289 E01618 GOMEZ, JOSE 11/30/2023 $2,921.44 00032290 E02701 GONZALEZ, ALEJANDRO 11/30/2023 $5,035.71 00032291 E03763 GRIFFIN, LARRY 11/30/2023 $2,494.01 00032292 E04828 GUERRERO, MICHAEL V 11/30/2023 $2,966.67 00032293 E04018 HAENDIGES, ROBERT A 11/30/2023 $2,405.44 00032294 E03575 HART, RYAN S 11/30/2023 $1,903.92 00032295 E03399 HOWENSTEIN, FRANK D 11/30/2023 $2,748.47 00032296 E03406 HUY, EDWARD A 11/30/2023 $2,455.81 00032297 E03446 JIMENEZ, VIDAL 11/30/2023 $3,518.25 00032298 E04782 JIN, LIYAN 11/30/2023 $2,822.48 00032299 E03254 KIRZHNER, ALLEN G 11/30/2023 $2,762.49 00032300 E03988 LI, REBECCA PIK KWAN 11/30/2023 $4,231.84 00032301 E02063 MA AE, DAVID 11/30/2023 $2,266.48 00032302 E05168 MACIAS, DANIEL 11/30/2023 $1,551.34 00032303 E03249 MANSON, RAQUEL K 11/30/2023 $3,049.21 00032304 E04837 MARTINEZ, ALFREDO 11/30/2023 $2,166.02 00032305 E02124 MEISLAHN, TYLER 11/30/2023 $2,171.42 00032306 E04403 MONTGOMERY, JESSE K 11/30/2023 $3,002.40 00032307 E03590 MOYA JR, STEVEN J 11/30/2023 $2,523.43 Server Name: cognos.ggcity.org User Name: victoriac

CITY OF GARDEN GROVE
GGFEFM002 Warrant Register Payroll
Check Dates Nov 30, 2023
Report Generated on Nov 29, 2023 4:37:25 PM Page 19
Check Vendor # Vendor Name Issue Date Check Amount
00032308 E03519 MURAD, BASIL G 11/30/2023 $3,133.42 00032309 E03144 NATLAND, KIRK L 11/30/2023 $1,666.30 00032310 E04291 NGUYEN, DUC TRUNG 11/30/2023 $2,525.56 00032311 E04904 NGUYEN, LISA 11/30/2023 $414.14 00032312 E03221 NICOLAE, CORNELIU 11/30/2023 $3,217.79 00032313 E04210 NUNES, BRANDON S 11/30/2023 $2,039.84 00032314 E03923 ORNELAS, ANDREW I 11/30/2023 $2,716.09 00032315 E03582 ORTEGA, DAVID A 11/30/2023 $3,979.29 00032316 E03578 PASILLAS, CELESTINO J 11/30/2023 $6,084.60 00032317 E03170 PEARSON, WILLIAM F 11/30/2023 $3,714.37 00032318 E05161 PIINUU, EVANDEMITRI 11/30/2023 $1,036.27 00032319 E04805 POLIDORI, JESSICA J 11/30/2023 $1,217.41 00032320 E02500 PORRAS, STEPHEN 11/30/2023 $3,434.73 00032321 E07590 RUITENSCHILD, LES A 11/30/2023 $3,465.18 00032322 E03926 RUIZ, JONATHAN 11/30/2023 $3,571.60 00032323 E05165 SANCHEZ, ALLEN J 11/30/2023 $850.17 00032324 E07690 SANTOS, ALEXIS 11/30/2023 $2,217.73 00032325 E07692 SARMIENTO, ADRIAN M 11/30/2023 $3,146.69 00032326 E04956 SON, TOMMY T 11/30/2023 $2,121.91 00032327 E04301 TALAMANTES JR, ALBERT 11/30/2023 $2,441.22 00032328 E04121 TRAN, MINH K 11/30/2023 $2,549.86 00032329 E08881 VALENZUELA, ALEJANDRO N 11/30/2023 $7,030.37 00032330 E01882 VIRAMONTES, JESSE 11/30/2023 $2,978.03 00032331 E04195 WOLLAND, RONALD J 11/30/2023 $2,179.95 00032332 E09940 YERGENSEN, VICTOR K 11/30/2023 $4,401.60 00032333 E09954 ZAVALA, JOHN 11/30/2023 $2,699.63 00032334 E05099 BECK, CRAIG A 11/30/2023 $2,230.31 00032335 E00740 BLODGETT, GREG 11/30/2023 $5,827.52 00032336 E01338 CARRENO, SHAUNA J 11/30/2023 $2,082.19 00032337 E03808 CHENG, ALANA R 11/30/2023 $3,034.08 00032338 E03353 COVARRUBIAS, MONICA 11/30/2023 $3,803.59 00032339 E05102 FLORES CRUZ, LAURA 11/30/2023 $2,054.17 00032340 E03697 GUERRERO, PAUL 11/30/2023 $3,121.12 00032341 E04750 HO, VY D 11/30/2023 $1,978.42 00032342 E04968 HONG, SEUNGBUM 11/30/2023 $1,933.69 Server Name: cognos.ggcity.org User Name: victoriac

CITY OF GARDEN GROVE
GGFEFM002 Warrant Register Payroll
Check Dates Nov 30, 2023
Report Generated on Nov 29, 2023 4:37:25 PM Page 20
Check Vendor # Vendor Name Issue Date Check Amount
00032343 E02612 KLOESS, VILMA C 11/30/2023 $2,938.26 00032344 E01949 LE, IVY 11/30/2023 $2,014.87 00032345 E05092 LE, LINH D 11/30/2023 $2,261.39 00032346 E01280 LE, TAMMY 11/30/2023 $1,775.57 00032347 E03617 LEE, GRACE E 11/30/2023 $3,203.83 00032348 E05159 LUNA-REYNOSA, URSULA 11/30/2023 $6,555.36 00032349 E05180 MEDINA, MELANIE 11/30/2023 $1,337.53 00032350 E05828 MIDDENDORF, LINDA 11/30/2023 $4,525.81 00032351 E02895 MOURE, SVETLANA 11/30/2023 $2,650.73 00032352 E05181 NGUYEN, DAVID 11/30/2023 $1,525.67 00032353 E03255 NGUYEN, PHUONG VIEN T 11/30/2023 $2,324.29 00032354 E02560 NGUYEN, QUANG 11/30/2023 $2,844.47 00032355 E01286 NGUYEN, TINA T 11/30/2023 $2,247.57 00032356 E03541 PHI, THYANA T 11/30/2023 $3,027.09 00032357 E05106 ROMERO, ALEX 11/30/2023 $1,977.13 00032358 E04408 THRONE, TIMOTHY E 11/30/2023 $2,442.25 00032359 E02543 TO, TANYA L 11/30/2023 $1,765.32 00032360 E01971 TRAN, CUONG K 11/30/2023 $2,505.90 00032361 E02056 TRUONG, ELAINE 11/30/2023 $1,902.41 00032362 E02562 VO, THANH-NGUYEN 11/30/2023 $1,806.72 00032363 E05104 YANG, DANA DAEUN 11/30/2023 $2,257.29 EFT - Total $1,869,273.72
Overall - Total $1,875,743.73
Server Name: cognos.ggcity.org User Name: victoriac

Agenda Item - 4.l.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: William E. Murray
Dept.: City Manager Dept.: Public Works
Subject: Acceptance of City Project
No. CP1316000/Federal
Project No. CRAL 5328 (088)
- Garden Grove Boulevard
Rehabilitation from Harbor
Boulevard to Fairview Street
as complete. (Action Item)
Date: 12/12/2023

OBJECTIVE
For City Council to accept City Project No. CP1316000/Federal Project No. CRAL 5328 (088) - Garden Grove Boulevard Rehabilitation from Harbor Boulevard to Fairview Street as complete; and authorize the City Engineer to execute the Notice of Completion of Public Improvement and Work.

BACKGROUND
The Garden Grove Boulevard Rehabilitation project consisted of the resurfacing of Garden Grove Blvd from Harbor Boulevard to Fairview Street (City Project No.

CP1316000, Federal Project No. CRAL-5328 (088)).

On
October 11, 2022, the City entered into a contract with RJ Noble Company, a general contractor for the construction of subject project. Specifically, the project consisted of resurfacing Garden Grove Boulevard by removal and replacement of failed pavement areas, cold milling, installation of asphalt rubber aggregate membrane, asphalt paving, repair of damaged sidewalk, curb & gutter, cross gutter, bus pads, upgrade of access ramps, catch basin debris screens, adjustment of utility covers to finish grade, restoration of traffic signing, striping, pavement markings and reestablishment of centerline ties and monuments.

DISCUSSION
The contractor, RJ Noble Company, has completed the improvements in accordance with the plans, specifications, and other contract documents.

FINANCIAL IMPACT
There is no impact to the General Fund. These improvements were included in the

Fiscal Year 2022-23 Capital Improvement Plan budget and are funded by Measure "M2 Local Fair Share," Coronavirus Response and Relief Supplemental Appropriation Federal Grant and Gas Tax.

RECOMMENDATION
It is recommended that the City Council:

Accept Project No. CP 1316000/Federal Project No. CRAL 5328 (088) - Garden Grove Boulevard Rehabilitation from Harbor Boulevard to Fairview Street as complete;
Authorize the City Engineer to execute the Notice of Completion of Public Improvement and Work; and
Authorize the Finance Director to release the retention payment when appropriate to do so.

By: Navin Maru, Associate Engineer
ATTACHMENTS:

Description Upload Date Type File Name
Notice of Completion 12/8/2023 Notice Notice_of_Completion_(2).pdf

•
•
•

NOTICE OF COMPLETION

OF PUBLIC IMPROVEMENT AND WORK

NOTICE IS HEREBY GIVEN that the City of
Garden Grove, Orange County, California, has caused a
public improvement, to wit:

Various Streets Rehabilitation 2022 Project

to be constructed upon the property hereinafter described. The contract for furnishing of all labor, services, materials, and equipment, and all utilities and transportation, including power, fuel, and water, and performing all work necessary to construct and complete, in a good and workmanlike manner in strict accordance with the specifications, plans, and drawings therefore on file in the office of the City Clerk of the City of Garden Grove, for the construction, installation and completion of the above -described public improvement and work, was heretofore made and entered into with RJ Noble Company on the 14th day of June, 2022, and filed for record in the office of the City Clerk of the City of Garden Grove; that the work upon said public improvement has been completed, and that the City Engineer has notified the City Council that he has made and completed a final inspection of the materials furnished and installed and the work performed in the construction, installation, and completion of said public improvement hereinabove more particularly described and set forth, and has certified in writing to the City Council that all the provisions of the contract and contract documents for the furnishing of all labor, services, materials, and equipment, and the performing of all work necessary for the construction, installation, and completion of said public improvement above described have been fully complied with to his satisfaction as required by the contract document; that final acceptance of the construction, installation, and completion of said public improvement above described was made on the 12th day of December 2023 that the nature of the title to said property of said City of Garden Grove is as follows: That is to say, it owns said public improvement in fee except the right-of-way upon which it is constructed, and that it owns an easement upon, over, and along said right -of-way for the purpose of the construction, installation, and completion of said public improvement hereinabove described and the use thereof after said completion; that the property hereinabove referred to and on which said public improvement is situated is described as follows, to wit:

Various Streets Rehabilitation 2022 Project

RECORDING REQUESTED BY

When Recorded Mail To:

City Clerk
City of Garden Grove
P. O. Box 3070
Garden Grove, CA 92842

NAME OF SURETY on Labor and Material Bond is: Western Surety Company 2 Park Plaza, Suite 400
Irvine, CA 92614
Tel No. (949) 399-4970

DATED this day of 20

CITY OF GARDEN GROVE

By
City Manager of the City of Garden
Grove
ATTEST:

City Clerk of the City of Garden Grove

STATE OF CALIFORNIA

COUNTY OF ORANGE

I am the City Engineer of the City of Garden Grove.

I have read the foregoing Notice of Completion of Public Improvement and Work, and know the contents thereof; and I certify that the same is true of my own knowledge, except as to those matters, which are therein stated upon my information or belief, and as to those matters I believe to be true.

I certify (or declare), under penalty of perjury, that the foregoing is true and correct.

Executed on December 12, 2023 at Garden Grove , California (Date) (Place)

Dan Candelaria, P. E., T. E.

City Engineer

Agenda Item - 5.a.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Ursula Luna-Reynosa
Dept.: City Manager Dept.: Economic Development and
Housing Department
Subject: Approve an Amendment to
the Cooperative Agreement
with Caltrans and award a
construction contract to
Quality Fence Co. for the
Caltrans Fencing
Improvement Project. (Cost:
$789,888) (Action Item)
Date: 12/12/2023

OBJECTIVE
For the City Council to approve an Amendment to the Cooperative Agreement with Caltrans and award a construction agreement to Quality Fence Co. for the Caltrans Fencing Improvement Project.

BACKGROUND
In March 2023, the City Council approved a Cooperative Agreement with Caltrans.

The purpose of the Cooperative Agreement provides for installation of fencing, decorative paving and gravel on unpaved slopes and narrow areas within the City and along certain underpasses of Freeway 22 from Springdale Street to Garden Grove Boulevard (the “Project”) by the City. Through the Cooperative Agreement, the City would be reimbursed by the State in an amount not to exceed $600,000 (on a reimbursement basis) to implement the Project.

In September 2023, an Invitation to Bid was circulated soliciting contractor proposals to complete the Project. Due to the absence of a responsive bid proposals, staff initiated sole-source negotiations with reputable general construction contractors for the Project, namely: Joshua Grading & Excavating, Inc., Quality Fence Co., and Pacific Restoration Group, Inc. One contractor (Quality Fence Co.) responded with a bid of $789,888, which exceeded the $600,000 reimbursement amount specified in the Cooperative Agreement.

DISCUSSION
The proposed Amendment to the Cooperative Agreement would increase the reimbursement amount for an additional $400,000. This brings the total amount of

the Cooperative Agreement from $600,000 to $1,000,000 including contingency items. Due diligence has been performed with the preferred contractor. Quality Fence Co. brings over 15 years of experience in governmental projects specializing in fabricating, manufacturing, and installing fences. With full bonding and insurance, Quality Fence Co. meets all Caltrans’ requirements and received commendations from their references.

It is recommended that City Council approve the Amendment to the Cooperative Agreement, and authorize the City manager to amend the Cooperative Agreement for the new amount of $1,000,000, and approve a construction contract with Quality Fence Co. in an amount not to exceed $789,888.

FINANCIAL IMPACT
The construction cost for the Project is estimated to be $789,888. Per Cooperative Agreement with Caltrans, 100% of the cost will be reimbursed by Caltrans. Additional appropriation is requested to complete the Project, offset by anticipated revenue from Caltrans reimbursement.

RECOMMENDATION
It is recommended that the City Council:

Authorize the City Manager to execute an Amendment to the Cooperative Agreement with Caltrans for increased funding from $600,000 to $1,000,000, including all necessary documents to effectuate such change, on behalf of the City;

Authorize additional appropriation of $400,000 (GL: 242-711-1280-54006, JL:

GT1366000) per the Cooperative Agreement with Caltrans;

Award a contract to Quality Fence Co. , in the amount of $789,888 for the Caltrans Fencing Improvement Project;

Authorize the City Manager, or designee(s), to execute the Contract, and make minor modifications as appropriate and execute any documents necessary to effectuate the Contract, on behalf of the City.

By: Christy Le, Homeless Liaison Analyst
ATTACHMENTS:

Description Upload Date Type File Name
Caltrans Cooperative
Agreement Amendment 12/5/2023 Agreement 12-0847_A1_City_Draft_11.15.23.pdf CFIP - Bid Results 12/5/2023 Backup Material Bid_Form_- _Caltrans_Fencing_Results_8.28.pdf
Award Letter to Quality Quaity_Fence_-

•
•
•
•
Fence 12/5/2023 Backup Material _Award_Letter_12.12.23.pdf Construction
Agreement 12/7/2023 Agreement GG_CFIP_-
_Quality_Fence_Co._Agreement_Final.docx

Agreement 12-847 A1
Project No. 1222000046
EA 0T410
12-ORA-22-R1.9/10.2
Project Development Agreement 2017- 02-17 (Created February 23, 2023) 1 of 1

COOPERATIVE AGREEMENT COVER SHEET
Work Description

TO INSTALL FENCING AND DECORATIVE PAVING AND GRAVEL ON UNPAVED

SLOPES AND NARROW AREAS IN ORANGE COUNTY IN THE CITY OF GARDEN GROVE ON ROUTE 22 FROM SPRINGDALE ST. TO GARDEN GROVE BLVD.

Contact Information

CALTRANS
Eric Dickson, Project Manager
1750 E. 4th Street #100
Santa Ana, CA 92705
Office Phone: 949-279-8799
Email: [email protected]

CITY OF GARDEN GROVE
Ursula Luna-Reynosa, Economic Development and Housing Department Director 11222 Acacia Parkway
Garden Grove, CA 92840
Office Phone: 714-741-514121
Email: [email protected]

AGREEMENT 12 – 847 A1
Project No. 1222000046
EA 0T410
12-ORA-22-R1.9/10.2
Project Development Agreement 2017- 02-17 (Created February 23, 2023) 1 of 2 FUNDING SUMMARY NO. 02

FUNDING TABLE
v. 12
IMPLEMENTING AGENCY CALTRANS CITY
Source Party Fund Type PS&E
CONST.

SUPPORT
CONST.

CAPITAL Totals
STATE CALTRANS CLEAN CALIF 20,000 20,000 1,000,000 1,040,000 CITY CITY CITY 5,000 60,000 0 65,000
Totals 25,000 80,000 1,000,000 1,105,000

FUNDING SUMMARY No. 02 AGREEMENT 12 – 847 A1
Project No. 1222000046

Project Development Agreement 2017- 02-17 (Created February 23, 2023) 2 of 2

SPENDING SUMMARY
v 221
PS&E CONST. SUPPORT CONST.

CAPITAL
Fund Type CALTRANS CITY CALTRANS CITY CITY Totals
CLEAN CALIF 20,000 0 20,000 0 1,000,000 1,040,000
CITY 0 5,000 0 60,000 0 65,000
Totals 20,000 5,000 20,000 60,000 1,000,000 1,105,000

Agreement 12-847 A1
Project No. 1222000046
EA 0T410
12-ORA-22-R1.9/10.2
Project Development Agreem ent 2017-02-17 (Created February 23, 2023) 1 of 4 Funding

1. If there are insufficient funds available in this AGREEMENT to place the PROJECT right- of-way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY will fund these activities until such time as PARTIES amend this AGREEMENT.

That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process.

2. If there are insufficient funds in this AGREEMENT to implement the obligations and responsibilities of this AGREEMENT, including the applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, and/or approvals that are in effect at a time that WORK stops, each PARTY accepts responsibility to fund their respective WORK until such time as PARTIES amend this AGREEMENT.

Each PARTY may request reimbursement for these costs during the amendment process.

3. The cost of any engineering support performed by CALTRANS includes all direct and applicable indirect costs. CALTRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds administered by CALTRANS are subject to the current Program Functional Rate. All other funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and Administration Rate are adjusted periodically.

4. If the WORK is funded with state or federal funds, any PARTY seeking CALTRANS reimbursement of indirect costs must submit an indirect cost rate proposal and central service cost allocation plan (if any) in accordance with Local Assistance Procedures Manual, 2 CFR, Part 200 and Chapter 5. These documents are to be submitted annually to CALTRANS’ Audits and Investigations for review and acceptance prior to CALTRANS’ reimbursement of indirect costs.

5. Travel, per diem, and third-party contract reimbursements for WORK are to be paid from the funds in this AGREEMENT only after the contractor performs the work and incurs said costs.

Agreement 12-847 A1
Project No. 1222000046
Project Development Agreement 2017- 02-17 (Created February 23, 2023) 2 of 4 Payments for travel and per diem will not exceed the rates paid rank and file state employees under current California Department of Human Resources (CalHR) rules current at the effective date of this AGREEMENT.

If CITY invoices for rates in excess of CalHR rates, CITY will fund the cost difference and reimburse CALTRANS for any overpayment.

6. Notwithstanding the terms of this AGREEMENT, PARTIES agree to abide by the funding guidelines for all contributed funds that are programmed and allocated by the CTC.

7. SHOPP funds can only be expended on SHOPP-eligible items and work.

Invoicing and Payment

8. PARTIES will invoice for funds where the SPENDING SUMMARY shows that one PARTY provides funds for use by another PARTY. PARTIES will pay invoices within forty-five (45) calendar days of receipt of invoice when not paying with Electronic Funds Transfer (EFT). When paying with EFT, CITY will pay invoices within five (5) calendar days of receipt of invoice.

9. If CITY has received EFT certification from CALTRANS then CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS.

10. When a PARTY is reimbursed for actual cost, invoices will be submitted each month for the prior month's expenditures. After all PROJECT COMPONENT WORK is complete, PARTIES will submit a final accounting of all PROJECT COMPONENT costs. Based on the final accounting, PARTIES will invoice or refund as necessary to satisfy the financial commitments of this AGREEMENT.

11. If an executed Program Supplement Agreement (PSA) or STIP Planning, Programming, and Monitoring Program Fund Transfer Agreement (PPM) exists for this PROJECT then CITY will abide by the billing and payment conditions detailed for the fund types identified in the PSA or PPM.

12. If CALTRANS reimburses CITY for any costs later determined to be unallowable, CITY will reimburse those funds.

Plans, Specifications, and Estimate (PS&E)

13. No invoicing or reimbursement will occur for the PS&E PROJECT COMPONENT.

Agreement 12-847 A1
Project No. 1222000046
Project Development Agreement 2017- 02-17 (Created February 23, 2023) 3 of 4 CONSTRUCTION Support

14. No invoicing or reimbursement will occur for the CONSTRUCTION SUPPORT PROJECT COMPONENT.

CONSTRUCTION Capital

15. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid.

Agreement 12-847 A1
Project No. 1222000046
Project Development Agreement 2017- 02-17 (Created February 23, 2023) 4 of 4

SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.

The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

Adnan Maiah
Deputy District Director
Strategic Portfolio Management
Single Focal Point
Verification of funds and authority:

Neda Saber
District Budget Manager
Certified as to financial terms and policies:

Lai Saephan
HQ Accounting Supervisor

CITY OF GARDEN GROVE

Lisa L. Kim
City Manager

Attest:

Teresa Pomeroy
City Clerk

Approved as to form and procedure:

Omar Sandoval
City Attorney

FUNDING SUMMARY No. 02 AGREEMENT 12 - 847
Project No. 1222000046

Project Development Agreement 2017-02-17 (Created February 23, 2023) 5 of 3

GARDEN GROVE
BID DEADLINE: Monday, August 28, 2023 at 11:00 a.m.

City Clerk's Office -Planning conf. room
PROJECT NO.: Caltrans Fencing
BIDDERS (Name & Address) BID BOND ADDENDUM AMOUNT OF BID No BIDS RSC:f IVtSD
~
/

GARDEN GROVE CITY OF GARDEN GROVE
December 12, 2023
QUALITY FENCE CO.

Attn: Natalie Reyes
14929 Garfield Ave.

Paramount, CA 90723
Steve Jones
Mayor
Kim Bernice Nguyen
Mayor Pro Tern -District 6
George S. Brietigam
Council Member -District 1
John R. O'Neill
Council Member -District 2
Diedre Thu-Ha Nguyen
Council Member -District 3
Patrick Phat Bui
Council Member -District 4
Stephanie Klopfenstein
Council Member -District 5
RE: AWARD LETTER -CAL TRANS FENCING IMPROVEMENT PROJECT (CFIP), PROJECT NO. 1222000046/ EA 0T410
Dear Ms. Reyes:

Congratulations! Quality Fence Co. has been selected as the general construction contractor for the Caltrans Fencing Improvement Project (CFIP), Project No. 1222000046/ EA 0T410.

Please provide the following:

1. Required Insurance Documents

2. Professional Services Agreement (to follow)
We look forward to working with you. If you have any questions, my contact information is: [email protected].
risty Le
Administrative Analyst
Economic Development and Housing Department
Alana Cheng
Administrative Officer
Economic Development and Housing Department
Attachment: Sample Insurance Certificates and Endorsements 11222 Acacia Parkway • P.O. Box 3070 • Garden Grove, CA 92842 ggcity.org
1 CONSTRUCTION AGREEMENT

CALTRANS FENCING IMPROVEMENT PROJECT
PROJECT NO. 1222000046/EA#0T410
THIS AGREEMENT is made this 12th day of December, 2023, by the CITY OF GARDEN GROVE (“CITY”), and QUALITY FENCE COMPANY, hereinafter referred to as (“CONTRACTOR”) RECITALS:

The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to City of Garden Grove Council Authorization dated December 12, 2023.

2. CITY desires to utilize the services of CONTRACTOR to furnish material, equipment, and labor for the CALTRANS FENCING IMPROVEMENT PROJECT; PROJECT NO. 1222000046/EA#0T410, consisting of the installation of fencing and decorative paving and gravel on unpaved slopes and narrow areas in the Cit of Garden Grove, County of Orange, on State Route 22 from Springdale Street to Garden grove Blvd.

3. CONTRACTOR is qualified by virtue of experience, training, education, and expertise to accomplish services.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

5.1 General Conditions. CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon CONTRACTOR's investigation of all such matters and is in no way relying upon any opinions or representations of CITY. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, Plans, Specifications and CONTRACTOR's Proposal, are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract.

"Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mention ed in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to CITY’ s Economic Development Director , without whose decision CONTRACTOR shall not adjust said discrepancy save only at CONTRACTOR's own risk and expense. The decision of the Director shall be final.

2 5.2 Materials and Labor. CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at CONTRACTOR'S own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the CITY, to construct and complete the project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or materials when due, CITY may settle such claims by making demand upon the surety to this Agreement. In the event of the failure or refusal of the surety to satisfy said claims, CITY may settle them directly and deduct the amount of payments from the Con tract price and any amounts due to CONTRACTOR. In the event CITY receives a stop notice from any laborer or material supplier alleging non-payment by CONTRACTOR, CITY shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees.

5.3 Project. The PROJECT is described as: CALTRANS FENCING IMPROVEMENT PROJECT; PROJECT NO. 1222000046/EA#0T410.

5.4 Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: CALTRANS FENCING IMPROVEMENT PROJECT; PROJECT NO. 1222000046/EA#0T410.

Said Plans and Specifications and any revision, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. The work to be done must also be in accordance with the General Provisions, Standard Specifications and Standard Plans of CalTrans, which are also incorporated herein and referred to by, reference.

5.5 Time of Commencement and Completion . CONTRACTOR shall have twenty-one (21) calendar days from the award of the Contract to execute the Contract and supply CITY with all of the documents and information required by the Contract Documents, including but not limited to, the necessary bonds and insurance certificates and endorsements. Once the CITY receives the executed Contract and all of th e other properly drafted and executed documents and information, it may issue a Notice to Proceed to the CONTRACTOR. If CONTRACTOR refuses or fails to execute the Contract or refuses or fails to provide the required documents and information within the twenty-one (21) calendar days, the CITY may then rescind the award of the Contract.

Upon receipt of the Notice to Proceed, CONTRACTOR agrees to submit shop drawings and proof of payment for materials from supplier within fourteen (14) calendar days. Further, upon receipt of the Notice to Proceed the CONTRACTOR shall diligently prosecute the work to completion within one hundred twenty (120) total working days excluding delays caused or authorized by the CITY as set forth in Sections 5.7, 5.8 and 5.9 hereof.

5.6 Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of CONTRACTOR'S work in conformance with an approved construction progress schedule. CONTRACTOR shall coordinate the work covered by this Contract with that of all other contractors and subcontractors of the CITY, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5.5 herein. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of CONTRACTOR on the premises.

5.7 Excusable Delays. CONTRACTOR shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather; damages caused by fire or other casualty for which CONTRACTOR is not responsible; any act of negligence or default of

3 CITY; failure of CITY to make timely payments to CONTRACTOR; late delivery of materials required by this CONTRACT to be furnished by CITY; combined action of the workers in no way caused by or resulting from default or collusion on the part of CONTRACTOR; a lockout by CITY; or any other delays unforeseen by CONTRACTOR and beyond CONTRACTOR's reasonable control.

CITY shall extend the time fixed in Section 5.5 herein for completion of the Project by the number of days CONTRACTOR has thus been delayed, provided that CONTRACTOR presents a written request to CITY for such time extension within fifteen (15) days of the commencement of such delay and CITY finds that the delay is justified. CITY 'S decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by CONTRACTOR.

No claims by CONTRACTOR for additional compensation or damages for delays will be allowed unless CONTRACTOR satisfies CITY that such delays were unavoidable and not the result of any action or inaction of CONTRACTOR and that CONTRACTOR took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities would be determined in accordance with SPECIAL PROVISIONS and Section 3-3 of the Standard Specifications for Public Works Construction 2009 Edition (GREEN BOOK). The CITY’S decision will be conclusive on all parties to this Contract.

5.8 Extra Work . The Contract price includes compensation for all work performed by CONTRACTOR, unless CONTRACTOR obtains a written change order signed by a designated representative of CITY specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 5.9 hereof.

CITY shall extend the time fixed in Section 5.5 for completion of the Project by the number of days reasonably required for CONTRACTOR to perform the extra work, as determined by CITY’S Engineer. The decision of the Engineer shall be final.

5.9 Changes in Project.

5.9.1 CITY may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes:
a. In the Specifications (including drawings and designs); b. In the time, method or manner of performance of the work; c. In the CITY -furnished facilities, equipment, materials, services or site; or d. Directing acceleration in the performance of the work.

If CONTRACTOR believes that the written order issued as part of this Section 5.9.1 has caused an increase in costs or time, the CONTRACTOR shall submit a written request for equitable adjustment to the CITY that includes a detailed cost breakdown and time impact analysis in sufficient detail to allow the CITY to analyze the request. Said notice shall be submitted via certified mail within twenty (20) days of the CONTRACTOR’S receipt of the written order. CONTRACTOR’s failure to submit the written request for equitable adjustment within the required twenty (20) days shall constitute a waiver of any potential change order or claim for said alleged change. The CITY shall review CONTRACTOR’S request and shall provide a written response within thirty (30) days of receipt of the request either approving or denying the request.

5.9.2 A change may also be any other conflict, difficulty or issue which the CONTRACTOR believes caused any change to the CONTRACTOR’ s costs or project schedule, provided CONTRACTOR gives the CITY written notice and a request for equitable

4 adjustment that includes a detailed cost breakdown and time impact analysis in sufficient detail to allow the CITY to analyze the request. The notice shall also state the date the CONTRACTOR became aware of the issue, circumstances and source of the issue and that CONTRACTOR regards the issue as a change order. Said written notice shall be delivered to the CITY via certified mail within twenty (20) days of CONTRACTOR’s first notice of the issue. CONTRACTOR’ s failure to submit the notice, which includes the written request for equitable adjustment within the required twenty (20) days shall constitute a waiver of ant potential change order or claim for said alleged change. The CITY shall review CONTRACTOR’ s request and shall provide a written response within thirty (30) days of receipt of the request either approving or denying the request.

5.9.3 Except as provided in this Section 5.9, no order, statement or conduct of the CITY or its representatives shall be trea ted as a change under this Section 5.9 or entitle CONTRACTOR to an equitable adjustment.

5.9.4 Except for claims based on defective specifications, no claim for any change under paragraph 5.9.1 or 5.9.2 above shall be allowed for any work performed more than 20 days before the CONTRACTOR gives written notice as required in paragraphs 5.9.1 and 5.9.2. In the case of defective specifications for which the CITY is responsible, the equitable adjustment shall include any increased direct cost CONTRACTOR reasonably incurred in attempting to comply with those defective specifications.

5.9.5 If CONTRACTOR intends to assert a claim for an equitable adjustment under this Section 5.9, it must, within thirty (30) days after receipt of a denial of a request for equitable adjustment under paragraphs 5.9.1 and 5.9.2, submit a written statement to the CITY setting forth the general nature and monetary extent of such claim. The CITY may extend the 30-day period. CONTRACTOR’s failure to submit the notice of a claim, within the required thirty (30) days shall constitute a waiver of the claim by the CONTRACTOR.

5.9.6 No claim by CONTRACTOR for an equitable adjustment shall be allowed if made after final payment under this Agreement.

5.9.7 CONTRACTOR hereby agrees to make any and all changes, furnish the materials and perform the work that CITY may require without nullifying this Contract. CONTRACTOR shall adhere strictly to the Plans and Specifications unless a change therefrom is authorized in writing by the CITY. Under no condition shall CONTRACTOR make any changes to the Project, either in additions or deductions, without the written order of the CITY and the CITY shall not pay for any extra charges made by CONTRACTOR that have not been agreed upon in advance in writing by the CITY. CONTRACTOR shall submit immediately to the CITY written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the CITY and the proper cost or credit breakdowns for disputed work shall be submitted without delay by CONTRACTOR to CITY.

5.10 Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5.5 herein, plus the allowance made for delays or extensions authorized under Sections 5.7, 5.8 and

5.9 herein, the CITY will sustain damage which would be extremely difficult and impractical to ascertain. The parties therefore agree that CONTRACTOR will pay to CITY the sum of Three Thousand Six Hundred dollars ($3,600.00) per day for each and every calendar day during which completion of the Project is so delayed. CONTRACTOR agrees to pay such liquidated

5 damages and further agrees that CITY may offset the amount of liquidated damages from any monies due or that may become due CONTRACTOR under the Contract.

5.11 Contract Price and Method of Payment. CITY agrees to pay and the CONTRACTOR agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of Seven Hundred Eighty -Nine Thousand, Eight Hundred Eighty-Eight Dollars and 00/100 ($789,888.00) as itemized in the Contract Documents.

Progress payments shall be made to the CONTRACTOR on a monthly basis for each successive month as the work progresses. The CONTRACTOR shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety-five percent (95%) of the value of the work completed, less all previous payments, provided that the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule. The CITY will retain five percent (5%) of the amount of each such progress estimate and material cost until 35 days after the recordation of the Notice of Completion.

Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the CITY’S Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract. Partial payments of the Contract price shall not be considered as an acceptance of any part of the work.

5.12 Substitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code § 22300, the CONTRACTOR will be entitled to post approved securities with the CITY or an approved financial institution in order to have the CITY release funds retained by the CITY to ensure performance of the Contract. CONTRACTOR shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution.

5.13 Completion. Within 10 days after the contract completion date of the Proj ect, CONTRACTOR shall file with the CITY’s Economic Development Director its affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with St op Notices which have been filed under the provisions of the statutes of the State of California. CITY may require affidavits or certificates of payment and/or releases from any SUBCONTRACTOR, laborer or material supplier.

5.14 CONTRACTOR's Employees Compensation

5.14.1 General Prevailing Rate . CITY has ascertained that State prevailing wage requirements of the California Labor Code including Sections 1770, 1771.5, 1773, 1777.5, and 1776 are required to execute this Contract. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the CONTRACTOR and the subcontractors shall pay not less than the higher wage rate. The CITY will not accept the lower State wage rates. This includes “helper” (or other classifications based on hours of experience) or any other classification. A copy of the prevailing rate of per diem wages shall be posted at the job site.

5.14.2 Forfeiture for Violation. CONTRACTOR shall, as a penalty to the CITY, forfeit one hundred dollars ($100.00) for each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or any SUBCONTRACTOR under it) less than the

6 greater of State minimum wage rate associated with the duties of the employee in question, in accordance with the State prevailing wage requirements of the California Labor Code, including Sections 1770, 1771.5, 1773, 1777.5, and 1776.

5.14.3 Apprentices. The greater of Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices is applicable to this Contract and the CONTRACTOR shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty CONTRACTORs not bidding for work through the general or prime CONTRACTOR are two thousand dollars ($2,000.00) or more for five (5) working days or more.

5.14.4 Workday. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (5.14.2) above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) of the Labor Code of the State of California, and shall forfeit to the CITY as a penalty, the sum of twenty -five Dollars ($25.00) for each worker employed in the e xecution of this Contract by CONTRACTOR or any SUBCONTRACTOR for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article . CONTRACTOR shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the Project.

5.14.5 Record of Wages: Inspection. CONTRACTOR agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual State prevailing wage paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. The applicable CONTRACTOR or subcontractor or its agent having authority over such matters shall certify all payroll records as accurate.

CONTRACTOR further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. CONTRACTOR shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). The CONTRACTOR shall submit copies of certified payroll reports and cancelled checks for laborers, every week to the CITY. Certified payroll and cancelled checks submittals are due one month after start of construction and every week thereafter. If the certified payroll and cancelled checks are not submitted, the CONTRACTOR will be notified that compliance is required within five (5) working days or contract work must cease. The CITY will not be responsible for any delay or acceleration charges or any incurred costs or damages as a result of the work stoppage due to CONTRACTOR’s failure to comply.

Work shall be ceased in an orderly, safe fashion. Should this not occur, CITY will correct the deficiencies and deduct the cost from funds due to the CONTRACTOR. In addition, no progress payment shall be made until the copies of certified payroll reports and cancelled checks are submitted.

5.14.6 Contractor Registration. CONTRACTOR and its subcontractors must be registered with the California Department of Industrial Relations pursuant to Labor Code Section

7 1725.5. This Agreement shall not be effective until CONTRACTOR provides proof of registration to the CITY.

5.14.7 Posting of Job Site Notices. CONTRACTOR shall comply with the job site notices posting requirements established by the Labor Commissioner pursuant to Title 8, California Code of Regulations Section 16461(e) or other regulation promulgated pursuant to Labor Code Section 1771.4(a)(2).

5.14.8 Notice of DIR Compliance Monitoring and Enforcement. Pursuant to Labor Code Section 1771.4, this Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

5.15 Surety Bonds. CONTRACTOR shall, upon entering into performance of this Agreement, furnish bonds in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the CITY.

5.16 Insurance.

5.16.1 CONTRACTOR is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract.

5.16.2 CONTRACTOR and all SUBCONTRACTORs shall carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation aga inst the CITY, its Officers, Official s, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City and shall iss ue an insurance certificate and waiver of subrogation to the policy evidencing same.

5.16.3 CONTRACTOR shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations bodily injury and property damage coverage; and builders' all risk insurance.

Follows Form excess liability insurance shall be provided for any underlying policy that does not meet the policy limits required by this contract. All insurance coverage shall be in amounts specified by the CITY in the Insurance Requirements and shall be evidenced by the issuance of a certificate and additional insured endorsement in forms prescribed by the CITY and shall be underwritten by insurance companies satisfactory to the CITY for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Claims made and modified occurrence policies shall not be accepted. Said insurance coverage obtained by the CONTRACTOR, excepting workers' compensation coverage, shall name the CITY, its Officers, Officials, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY, as additional insured on said policies. Additional insured status shall be evidenced in the form of an Additional insured Endorsement (CG 20 10 1185).

For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects the CITY, its Officers, Officials, Agents, Employees,

8 Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents, and Employees, as determined by the CITY. Any insurance or self-insurance maintained by the CITY, its Officers, Officials, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents, and Employees, as determined by the CITY shall be excess of the CONTRACTOR’s insurance and not contribute with it.

5.16.4 Before CONTRACTOR performs any work at, or prepares or delivers materials to, the site of construction, CONTRACTOR shall furnish:

COMMENCEMENT OF WORK. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify CITY of any material change, cancellation, or termination at least thirty (30) days in advance. Contractor shall also provide a waiver of subrogaton for each policy.

INSURANCE AMOUNTS . CONTRACTOR shall maintain all of the foregoing insurance coverage in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 5.17 of this Contract.

Notwithstanding nor diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted and licensed in California and having a Best's Guide Rating of A-Class VII or better (Claims made and modified occurrence policies are not acceptable):

Workers’ Compensation As required by the State of California.

Employer’s Liability $1,000,000 per accident for bodily injury or disease.

Commercial General Liability (including
operations, products and completed
operations, and not excluding XCU)
$5,000,000 per occurrence for bodily
injury, personal injury and property
damage. Coverage shall include mobile
equipment.

Automobile Liability, including
non-owned and hired vehicles
$2,000,000 combined single limit for bodily
injury and property damage.

Contractors’ Pollution Legal Liability $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

Excess liability, follows form coverage, shall be provided for any underlying policy that does not meet the policy limits required and set forth herein. Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by CITY.

An Additional Insured Endorsement, ongoing and products-completed operations, and including mobile equipment, for the Commercial General Liability policy shall designate CITY, its Officers, Officials, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY as additional insureds for liability arising out of work or operations performed by or on behalf of the

9 CONTRACTOR. CONTRACTOR shall provide to CITY p roof of insurance and endorsement forms that conform to City’s requirements, as approved by the CITY.

An Additional Insured Endorsement for Automobile Liability policy shall designate CITY, its Officers, Officials, Agents, Employees, Engineers, and Consul tants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY as additional insureds for automobiles owned, leased, hired, or borrowed by the CONTRACTOR.

CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to City’s requirements, as approved by CITY.

An Additional Insured Endorsement for Contractors’ Pollution Legal Liability policy shall designate CITY, its Officers, Off icials, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to City’s requirements, as approved by the CITY.

In the event any of CONTRACTOR’S underlying po licies do not meet policy limits within the insurance requirements, CONTRACTOR shall provide coverage under an excess liability policy. The policy must be a follows form excess/umbrella policy.

CONTRACTOR shall provide the schedule of underlying polices for an excess/umbrella liability policy, state that the excess/umbrella policy follows form on the insurance certificate, and provide an additional insured endorsement for the excess/umbrella liability policy designating CITY, its Officers, Officials, Ag ents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY as additional insureds.

A primary/non-contributory endorsement shall be provided to CITY for each policy.

For any claims related to this Agreement, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, agents, employees, and consultant for this Contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees as determined by CITY. Any insurance or self -insurance maintained by CITY, its officers, officials, agents, employees, and consultants for this Contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by CITY shall be excess of the CONTRACTOR’s insurance and shall not contribute with it. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.

CITY or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates.

CONTRACTOR shall pay the premiums on the insurance hereinabove required.

If CONTRACTOR maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher insurance limits otherwise maintained by the CONTRACTOR

5.17 Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone.

CONTRACTOR agrees to save, indemnify and keep the CITY, its Officers, Agents, Employees,

10 Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigation ari sing through the active negligence or willful misconduct of CITY and will make good to reimburse CITY for any expenditures, including reasonable attorneys' fees CITY may incur by reason of such matters, and if requested by CITY, will defend any such suits at the sole cost and expense of CONTRACTOR.

5.18 Termination.

5.18.1 This Contract may be terminated in whole or in part in writing by the CITY for its convenience, provided that the CONTRACTOR is given (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination.

5.18.2 If termination for default or convenience is effected by the CITY, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the CONTRACTOR at the time of termination may be adjusted to cover any additional costs to the CITY because of the CONTRACTOR's default.

5.18.3 Upon receipt of a termination action under paragraph (5.18.1) or (5.18.2) above, the CONTRACTOR shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONTRACTOR in performing this Contract whether completed or in process.

5.18.4 Upon termination under paragraphs (5.18.1) and (5.18.2) above, the CITY may take over the work and may award another party an agreement to complete the work under this Contract.

5.19 Warranty. The CONTRACTOR agrees to perform all work under this Contract in accordance with the CalTrans’ designs, drawings and specifications.

The CONTRACTOR guarantees for a period of one (1) year from the date of the notice of completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs or any damage to other parts of the system resulting from such defects. The CITY shall promptly give notice to the CONTRACTOR of observed defects. In the event that the CON TRACTOR fails to make adjustments, repairs, corrections or other work made necessary by such defects, the CITY may do so and charge the CONTRACTOR the cost incurred. The performance bond shall remain in full force and effect through the guarantee period.

The CONTRACTOR's obligations under this clause are in addition to the CONTRACTOR's other express or implied assurances of this Contract or state law and in no way diminish any other rights that the CITY may have against the CONTRACTOR for faulty materials, equipment or work.

5.20 Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, each shall bear its own attorneys' fees, costs and necessary disbursements.

11 Notwithstanding the foregoing, if any ac tion is brought against the CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold, which named the CITY as a party to said action, the CITY shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the CITY. The CITY shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not.

5.21 Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing.

To CITY: TO CONTRACTOR:

City of Garden Grove QUALITY FENCE CO.

Economic Development Dept. Attn.: Natalie Reyes
Attention: Christy Le 14929 Garfield Ave.
11222 Acacia Prkwy. Paramount, cA 90723
Garden Grove, CA 92840 (323) 585-8585
(714) 741-5206

SIGNATURE ON NEXT PAGE

12 IN WITNESS THEREOF, these parties have executed this Construction Agreement on the day and year shown below.

"CITY"

CITY OF GARDEN GROVE

Date:____________________________ By:

Lisa L. Kim
City Manager

ATTEST:

City Clerk

Date:
"CONTRACTOR"

QUALITY FENCE CO.

CONTRACTOR'S State License No.
(Expiration Date: )

By:

Title:

Date:

APPROVED AS TO FORM:

______________________________
City of Garden Grove
City Attorney
If CONTRACTOR is a corporation, a Corporate
Resolution and/or Corporate Seal is required.

Date:___________________________

13 FAITHFUL PERFORMANCE BOND
Bond No.

Premium

NOTICE: TO WHOM IT MAY CONCERN: those we, ,
,
as Principal, and
as Surety, are held and firmly bound unto The City of Garden Grove, ( CITY) in the sum of _____________________________________________________________________________ Lawful money of the United States, for the payment of which we bind heirs, our executors, administrators, successors, and ourselves jointly and severally.

That the Surety's office is located at ,
telephone no. ; the Surety is licensed to do business in the State of California; and the California Insurance Agent's License No., address, and telephone no. are as follows:

License No.:

Address:

Telephone No.:

That the following clause must be completed if, in fact, a non -resident agent for the Surety is a party to the transaction:

Name of non-resident agent:

Non-resident agent's office address:

Telephone No.:

THE CONDITION OF THIS OBLIGATION IS SUCH, that:

1. The Principal has agreed entered into a contract attached hereto, dated the day of , 20___, with THE CITY OF GARDEN GROVE for CALTRANS FENCING IMPROVEMENT PROJECT; PROJECT NO. 1222000046/EA#0T410

2. If the Principal shall well and truly perform, or cause to be performed, each and all of the requirements and obligations of the contract to be performed by the Principal, as set forth in the contract, then this bond shall be null and void; otherwise, it shall remain in full force and effect. In the event that suit is instituted to recover on this bond, the Surety will pay reasonable attorneys' fees.

3. Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of work performed shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alteration, or modification of the contract documents, or of work to be performed.

14 FAITHFUL PERFORMANCE BOND (Continues)

Executed this day of , 20___

Principal Principal

By:

Surety

By:

Attorney-in-Fact

California Resident Agent

By:

Non-resident Agent - Attorney-in-Fact

[ATTACH NOTARY ACKNOWLEDGMENT]

15 LABOR AND MATERIAL BOND
Bond No.

Premium
NOTICE: TO WHOM IT MAY CONCERN: those we,
,
as Principal, and , as Surety,
are held and firmly bound unto The City of Garden Grove, California ("CITY") in the sum of Dollars ($ ), lawful money of the United States, for the payment of the sum, we bind heirs, our executors, administrators, successors, and ourselves jointly and severally.

That the Surety's office is located at ,
telephone no. ; the Surety is licensed to do business in the State of California; and the California Insurance Agent's License No., address, and telephone no. are as follows:

License No.:

Address:

Telephone No.:

That the following clause must be completed if, in fact, a non-resident agent for the Surety is a party to the transaction:

Name of non-resident agent:

Non-resident agent's office address:

Telephone No.:

THE CONDITION OF THIS OBLIGATION IS SUCH, that:

1. The Principal has entered into a contract attached hereto, dated day of ________________, 20___, with the CITY OF GARDEN GROVE for CALTRANS FENCING IMPROVEMENT PROJECT; PROJECT NO. 1222000046/EA#0T410

2. If the Principal, its heirs, executors, administrators, successors, or assigns, or SUBCONTRACTORs, shall fail to pay for any materials, provisions, provender, or other supplies or teams, implements, or machinery used in, upon, for, or about, the performanc e of the improvement, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to work or labor, and provided that the claimant shall have complied with the provision of the code, the Surety or Sureties will pay for same in the amount not exceeding the sum specified in this bond; otherwise, the above obligation shall be void. In case suit is brought upon this bond, the Surety will pay reasonable attorneys' fees.

3. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents, or of work performed, shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of ti me, alteration, or modification of the contract documents, or of work to be performed.

16 LABOR AND MATERIAL BOND (Continued)

4. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to the claims under Civil Code 3181 et seq., so as to give a right of action to them or their assignees in any suit brought upon this bond.

Executed this day of , 20 .

Principal Principal

By:

Surety

By:

Attorney-in-Fact

California Resident Agent

By:

Non-resident Agent - Attorney-in-Fact

[ATTACH NOTARY ACKNOWLEDGMENT]
[

17 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between whose address is ,
hereinafter called "Owner", ,
whose address is ,
hereinafter called "CONTRACTOR", ,
and , whose address
is ,
hereinafter called "escrow agent."
For the consideration hereinafter set forth, the Owner, CONTRACTOR, and escrow agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, the CONTRACTOR has the option to deposit securities with the escrow agent as a substitute for retention earnings required to be withheld by the Owner pursua nt to the construction contract entered into between the Owner and CONTRACTOR for in the amount of dated (hereafter referred to as the "contract"). Alternatively, on written request of the CONTRACTOR, the Owner shall make payments of the retention earnings directly to the escrow agent.

When the CONTRACTOR deposits the securities as a substitute for the contract earnings, the escrow agent shall notify the Owner within ten days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the contract between the Owner and CONTRACTOR. Securities shall be held in the name of the ________________, and shall designate the CONTRACTOR as the beneficial owner.
(2) The Owner shall make progress payments to the CONTRACTOR for those funds which otherwise would be withheld from progress payments pursuant to the contract provision, provided that the escrow agent holds securities in the form and amount specified above. (3) When the Owner makes payment of retentions earned directly to the escrow agent, the escrow agent shall hold them for the benefit of the CONTRACTOR until such time as the escrow created under this contract is terminated. The CONTRACTOR may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the escrow agent directly. (4) The CONTRACTOR shall be responsible for paying all fees for the expenses incurred by the escrow agent in administering the escrow account. These expenses and payment terms shall be determined by the CONTRACTOR and escrow agent.
(5) The interest earned on the securities or the money market accounts held in escrow and all interest on the interest shall be the sole account of CO NTRACTOR and shall be subject to withdrawal by CONTRACTOR at any time and from time to time without notice to the Owner. (6) The CONTRACTOR shall have the right to withdraw all or any part of the principal in the escrow account only by written notice to the es crow agent accompanied by written authorization from the Owner to the escrow agent that the Owner consents to the withdrawal of the amount sought to be withdrawn by CONTRACTOR.
(7) The Owner shall have a right to draw upon the securities in the event of defaul t by the CONTRACTOR. Upon seven days' written notice to the escrow agent from the Owner of the default, the escrow agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.

18 (8) Upon receipt of written not ification from the Owner certifying that the contract is final and complete, and that the CONTRACTOR has complied with all requirements and procedures applicable to the contract, the escrow agent shall release to the CONTRACTOR all securities and interest on deposit less escrow fees and charges of the escrow account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payment of fees and charges.
(9) The escrow agent shall rely on the written notifications from the Owner and the CONTRACTOR pursuant to Sections (1) to (8), inclusive, of this agreement and the Owner and CONTRACTOR shall hold the escrow agent harmless from the escrow agent's release, conversion, and disbursement of the securities and interest as set forth above. (10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of the CONTRACTOR in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of the Owner: On behalf of the CONTRACTOR:

On behalf of the Owner: On behalf of the CONTRACTOR:

Title Title

Name Name

Signature Signature

Address Address

19 On behalf of the escrow agent:

Title Title

Name Name

Signature Signature

Address Address

At the time the escrow account is opened, the Owner and CONTRACTOR shall deliver to the escrow agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Owner/CONTRACTOR Date:

Title/Title

Approved as to Form
City of Garden Grove
City Attorney

SECTION 6 – GENERAL CONDITIONS (Continued)

20 SECTION 6 - GENERAL CONDITIONS

1. GENERAL DESCRIPTION
The work shall consist of furnishing all material and equipment and performing all labor required to carry out the general intention in accordance with the Plans and Specifications.

2. DEFINITIONS
State: Shall mean the State of California or the City of Garden Grove as applicable.

Board or City Council: Shall mean the governing body of the City of Garden Grove.

City : Shall mean the City of Garden Grove.

Director: Shall mean the City’s Director of Economic Development or his/her authorized agent.

3. LOCATION
The work shall be constructed on land owned or controlled by CalTrans at the sites shown on the plans.

4. PERFORMANCE BOND
Refer to Construction Agreement.

5. RETENTION
Refer to Construction Agreement.

6. BEGINNING OF WORK
Refer to Construction Agreement.

7. TIME FOR COMPLETION
Refer to Construction Agreement

8. LIQUIDATED DAMAGES
Refer to Construction Agreement.

9. STANDARD SPECIFICATIONS AND STANDARD PLANS
"Standard Specifications" referred to herein shall be the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (latest) EDITION (GREEN BOOK), including all supplements. Copies of the Standard Specifications are available from the publisher:
https://www.bnibooks.com/
"Standard Plans" referred to herein shall be those of the City of Garden Grove and/or CalTrans, latest revision unless noted otherwise.

Where the Plans and Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place and that only the best general practice is to prevail and t hat only materials and workmanship of the first quality are to be used. Unless otherwise specified, the

SECTION 6 – GENERAL CONDITIONS (Continued)

21 CONTRACTOR shall furnish all labor, materials, tools, equipment and incidentals, and do all the work involved in executing the contract.

10. MATERIALS
Materials shall be new and comply with these specifications. Certified reports of material's inspections of materials required under this contract as specified herein shall be submitted and may be accepted by the Director in lieu of actual chemical or physical tests in the field. Where a reasonable doubt exists in the mind of the Director, however, he shall conduct all necessary tests to determine that the material in question meets the requirements of the specifications.

The cost of making such tests sh all be borne by the City of Garden Grove when the results indicate compliance with the specifications; otherwise, the expense of such tests shall be borne by the CONTRACTOR.

11. LICENSES, PERMITS, REGULATIONS AND ORDINANCES
At its sole cost and expense, CONTRACTOR and all subcontractors shall obtain such licenses, permits, and approvals as may be required by law for the performance of the services required by this agreement. CONTRACTOR and all subcontractors shall have the sole obligation to pay for any fees, assessments, county inspections, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this contract. The CONTRACTOR and any subcontractor shall have the proper state licenses for the work to be performed along with obtaining city and/or county business license(s) prior to commencement of their work.

CONTRACTOR shall secure City of Garden Grove business license and other required licenses and permits prior to working in the City of Garden Grove. CONTRACTOR shall add the City of Garden Grove, as additional insureds on the required liability insurance and to provide a copy of insurance to the City Garden Grove.

The CONTRACTOR and all subcontractors shall comply with all laws, ordinances, rules and regulations bearing on the conduct of the work. Any work performed, or materials or equipment furnished, which does not conform to said laws, ordinances, rules and regulations, shall be changed to conform thereto by the CONTRACTOR at his sole expense.

12. WORK OUTSIDE REGULAR HOURS
No work will be allowed outside regular working hours without the express permission of the Director, except work items relating to maintenance and cleanup of the work area fo r the purpose of public safety and convenience. In the event work outside regular hours is allowed, any extra expense incurred by the CONTRACTOR shall be considered as being included in his bid prices and no extra compensation will be due for such work.

The legal workday shall consist of eight (8) hours. Should CONTRACTOR receive permission from the Director to work overtime, the CONTRACTOR shall pay all inspection costs as a result of the CONTRACTOR’s overtime work at a rate of $120.00/hr.

Working hours in the City of Garden Grove shall be from 8:00 am to 4:30 pm Monday through Friday. Workdays shall be restricted to Monday through Friday unless written request outlining substantial reasons for working on Saturdays, Sundays or contractual h olidays is submitted to the Director a minimum of forty -eight (48) hours in advance of the proposed non-contractual working day(s). If the work proposed is determined by the Director as being in the best interest of the CITY, the necessary inspection and survey services will be provided.

SECTION 6 – GENERAL CONDITIONS (Continued)

22 If the reasons for such request are not deemed sufficient, the Director may authorize inspection and survey services, if available. Such services shall be billed against the CONTRACTOR at the time and one -half salary r ate plus fringe benefits for the personnel assigned to the project. Such services shall be paid to the nearest half-hour worked, subject to a minimum working period of two (2) hours.

Emergency repairs and pre-storm protective installations may be performed in project areas without written notice.

13. PRECONSTRUCTION CONFERENCE
The CONTRACTOR, along with his field representative(s) and all subcontractors, shall meet with representatives of the CITY before the start of construction. The CONTRACTOR will be notified regarding the exact time and place of the conference.

The CONTRACTOR shall submit a list of material suppliers to the Director at the Preconstruction Conference. He shall also designate an employee to be responsible for traffic control on this project other than the Project Superintendent. This employee shall have expertise in urban traffic control, and shall be at the site during all operations requiring traffic control. As part of his responsibilities, he shall personally inspect the traffic control devices in use at least twice per day during operations, and twice per day on days when traffic control remains in effect when no work is in progress.

A project construction schedule shall be submitted to the Director at the Preconstruction Conference.

A rate schedule shall be submitted to the Director at the Preconstruction Conference.

14. QUANTITIES OF WORK
The quantities of work shown in the Proposal are approximate only and constitute the Director's Estimate for this project. The CITY does not expressly or by implication agree that the actual amounts of work will correspond exactly with the Director's Estimate.

The CITY reserves the right to increase or decrease the amount of any class or portion of the work as may be deemed necessary or expedient by the Director.

15. LEGAL RELATIONS AND RESPONSIBILITY
Attention is directed to the provisions and penalties applicable to workmen permitted to labor more than eight hours in a calendar day, to labor discrimination, and to employment of alien labor.

16. PROSECUTION OF WORK
The CONTRACTOR shall conduct the work in such a manner and with sufficient materials, equipment, and in the time limits set forth in the Specifications and/or Agreement. Should the CONTRACTOR discontinue the prosecution of the work for any reason with the consent of the Director, he shall notify the Director at least twenty -four hours in advance of resuming construction activities.

17. EXAMINATION OF PREMISES
CONTRACTORs are required to visit the site before submitting proposals so as to satisfy themselves as to existing conditions immediately surrounding the place of work. No extra payment will be allowed by the CITY for failure to properly assess site-working conditions.

SECTION 6 – GENERAL CONDITIONS (Continued)

23 18. TERMS OF CONSTRUCTION AS USED IN THESE SPECIFICATIONS The present tense includes the past and future tenses; and the future the present.

The masculine gender includes the feminine and the neuter.

The singular number includes the plural; and the plural the singular. "Shall" is mandatory and "may" is permissive.

19. RECORD DRAWINGS
The CONTRACTOR shall keep a complete set of Record Drawings at the job site. Contract Drawings shall be legibly marked showing each actual item of record construction including:

A. Measured depths of elements in relation to fixed datum points.

B. Measured horizontal and vertical locations of underground utilities with reference to permanent surface improvements.

C. Field changes of dimensions, locations and/or materials with details as required to clearly delineate the modifications.

D. Any details not in the original Contract Drawings developed by the CITY or the CONTRACTOR through the course of construction necessary to clarify or modify the Contract Drawings.

CONTRACTOR shall submit "As -Built" prints to the Director prior to the CITY’S acceptance of the work, one copy in pdf format and one hard copy. The prints shall indicate in red all deviations from Project Plans. Failure by CONTRACTOR to submit "As-Built Plans" may cause delay in final payments.

20. SUBMITTALS (SHOP DRAWINGS)
The CONTRACTOR shall submit for approval by the Director such material, samples, product specifications/brochures, certified mix designs, warranties material certifications, operations and maintenance manuals and equipment as may be required, whether mentioned specifically herein or not.

The CONSTRACTOR shall submit two (2) sets or pdf files of shop drawings for approval.

Shop drawings must be completed; any cut sheets with multiple items must be clearly highlighted with a yellow felt tip mark identifying specific ite ms to be used on the project.

Any “Unhighlighted” cut sheets will be returned for resubmittal. All shop drawings must be approved prior to the start of construction. One set of approved shop drawings must be at the construction site at all times.

21. SUPERINTENDENCE OF LABOR AND COMPETENCY
The CONTRACTOR, or an experienced superintendent authorized to act for him, shall be continually in charge of the work. Information given by the Director to the CONTRACTOR's superintendent or his/her authorized representative shall be as binding as though given to the CONTRACTOR in person. In addition, there shall be a qualified and experienced foreman in charge of each branch of work. No workman, foreman, or superintendent shall be continued on the work that is negligent, incompetent or disrespectful in the sole judgment of the Director.

22. PROTECTIONS AND INSURANCE
Refer to Construction Agreement.

SECTION 6 – GENERAL CONDITIONS (Continued)

24 23. SUBCONTRACTORS
No subcontractor will be recognized as such. All persons engaged in the work of construction will be considered as employees of CONTRACTOR, and CONTRACTOR will be held directly responsible for their work. No contract or any portion thereof may be assigned without the written consent of the Director.

24. CLAIMS/LEGAL ACTIONS AGAINST THE CITY
It i s the intent of this contract, that the CONTRACTOR shall and will indemnify and hold harmless the City of Garden Grove, its officers, its board members, employees, and consultants from any and all claims, suits or actions regardless of the existence or deg ree of fault or negligence on the part of the CITY. The CONTRACTOR shall be responsible for any liability imposed by law and for injuries to or death of any person including but not limited to workmen and the public, or damage to property resulting from defects or obstruction or from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance.

In the event claim/legal action is brought against the CITY, it will immediately be referred to the CONTRACTOR. Failure by the CONTRACTOR, for any reason to indemnify, defend and save harmless the CITY, the CITY shall deduct from any money due to CONTRACTOR reasonable expenses that the CITY staff or consultant working for the CITY have incurred in processing, investigation, defending any claims/legal actions brought against the CITY.

25. SATISFACTION OF LIENS
Before the CITY will make the final payment to the CONTRACTOR, the CONTRACTOR shall furnish the CITY with lien releases from all subcontractors and suppliers of material, together with a certified statement that the releases represent all the materials furnished and all the subcontractors engaged for the work.

26. DISPUTED WORK
If the CONTRACTOR and the CITY are unable to reach agreement on dispu ted work, the CITY may direct the CONTRACTOR to proceed with the work. Payment shall be as later determined by arbitration, if the CITY and the CONTRACTOR agree thereto, or as fixed in a court of law.

27. CLEAN UP
The CONTRACTOR shall protect and care for all work until final completion and acceptance.

During construction, the CONTRACTOR shall keep the site free and clear from all rubbish and debris, and the site must be cleaned up at the end of each day and within one day after the Director gives him notice.

At the time of the completion of the work, the CONTRACTOR shall remove from the site and the vicinity of the work all plant equipment, buildings and other temporary facilities, all used or unused materials belonging to him or used under his directio n during construction. He shall remove all debris and rubbish from the site of the work before he makes application for acceptance of the work.

28. LEGAL HOLIDAYS
Legal holidays shall be regarded as Thanksgiving Day and the day after, New Year's Day and the day before or after as approved by the CITY, Martin Luther King Day, President's Birthday, Memorial Day, Fourth of July, Labor Day, Veteran’s Day, and from December 18, 2023 to January 2, 2024.

SECTION 6 – GENERAL CONDITIONS (Continued)

25 Therefore, by submitting a bid the CONTRACTOR acknowledges that the work will be stopped from December 18, 2023 through January 2, 2024 and that he/she has included all costs for the shut down of work over this period of time, and the recommencement of work on January 3, 2024.

29. PAYMENTS
Refer to Construction Agreement.

30. PAYMENT OF TAXES
The contract prices paid for the work shall include full compensation for all taxes which the CONTRACTOR is required to pay, whether imposed by Federal, State, or local government, including, without being limited to, Federal Excise Tax and Federal Transportation Tax.

31. SCHEDULE OF CONSTRUCTION
The CONTRACTOR shall submit to the Director a schedule of construction for approval.

A. The CONTRACTOR shall submit a written proposed baseline schedule to the Director before starting construction.

B. The CONTRACTOR shall be responsible for furnishing a schedule on a form, which meets the Director's approval.

C. The CONTRACTOR shall be responsible for updating the schedule and, if requested, will provide an updated copy of the schedule at the end of each billing period.

D. No payments of work completed shall be made until the subject schedule is submitted and approved.

The schedule of construction shall list in detail and proper sequence the various construction items for the job. The Director shall be notified before any change is made in the sequence of construction.

32. SAFETY PROVISIONS
The CONTRACTOR shall conform to the rules and regulations pertaining to s afety established by the California Division of Industrial Safety.

The CONTRACTOR shall maintain the work site in a clean, safe and workmanlike manner.

All material to be cleared from the site shall be removed from the site at the end of each day.

All open trenches shall be either backfilled or the work area shall be adequately covered with steel plates as directed by the City Inspector at the end of each working day. The CONTRACTOR shall, upon direction of the Director, immediately remove or protect any item, which in the opinion of the Director presents a safety hazard. All costs involved in maintaining the work site in a clean and safe manner shall be included in the various items of work and no additional compensation will be allowed. With the appr oval of the Director, The CONTRACTOR may establish temporary "No Parking Tow Away" zones adjacent to the work zone. Establishment of such zones shall be coordinated with the Garden Grove Police Department, (714) 741-5707, and the CITY’s Traffic Engineer, (714) 741-5190.

33. GUARANTY
Refer to Construction Agreement.

34. COORDINATION OF DOCUMENTS

SECTION 6 – GENERAL CONDITIONS (Continued)

26 In case of conflict between the various contract documents, the order of precedence shall be as follows:

1. Special Provisions

2. General Conditions

3. Construction Plans

5. The Standard Specifications

6. Cal Trans Publications
The Standard Specifications shall apply to all phases of work not controlled by documents 1 through 6 above.

In case of conflict between the Standard Specifications and the instructions and conditions of the invitation to bid, the Standard Specifications shall have precedence.

In case of conflict, it is the CONTRACTOR’s responsibility to use best materials as approved by the Director.

35. RIGHT-OF-WAY
It shall be the responsibility of the CONTRACTOR to conduct all of its activities within the confines of the work site.

If, for any reason, the CONTRACTOR elects to encroach upon other lands adjoining rights-of-way or adjoining the work site, CONTRACTOR shall first obtain written permission from the owner thereof and provide evidence of such permission in writing to the Director prior to entering upon such lands.

The CONTRACTOR shall indemnify and hold the CITY harmless from all claims for damages occasioned by such work or activity, whether done in compliance with this section and with permission or in violation of this section and without permission.

36. CONSTRUCTION SITE
Construction equipment shall not be stored at the work site before its actual use on the work nor for more than three (3) working days after it is no longer needed on the work. All repairs or assembly of equipment that will take two (2) or more working days to repair shall be done at the construction yard. The CITY shall approve the location and size of construction yard.

Any damaged, destroyed or disturbed area at the site shall be restored to their original condition or replaced by the CONTRACTOR as directed by the Director at no additional expense to the CITY. All equipment and materials shall be stored at the yard during weekends, unless otherwise authorized by the Director.

Excavated materials shall not be stored on the site. Excavated materials that may be suitable for backfill may be stored at the site if approved by t he Inspector and if storage location conforms to the approved traffic control plan. The Director shall, at all times, have a safe access to the site for purposes of inspection and testing. The CONTRACTOR shall remove all trash, debris, and construction m aterials, spoil and contaminates (gas, oil diesel fuel, lubricants, etc.) and leave the site in a clean and level condition.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the v arious contract items of work and no additional compensation will be allowed.

37. TESTS
Tests, including compaction tests, shall be performed in accordance with the Standard Specifications and these Specifications. The CONTRACTOR, at his own expense, shall deliver

SECTION 6 – GENERAL CONDITIONS (Continued)

27 the materials for testing to the place and at the time designated by the Director. The CONTRACTOR shall notify the Director no less than two (2) working days in advance of any required materials testing. The cost of performing such tests shall be borne by the CITY when results indicate compliance with the specifications; otherwise, the expense of such tests shall be borne by the CONTRACTOR.

38. COMPLIANCE WITH LAW
CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments.

40. NO WAIVER OF CONDITIONS
CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of performance under this contract shall not be construed as waiver of any other condition of performance under this contract.

41. CORPORATE AUTHORITY
The persons executing this contract on behalf of the parties hereto warrant that they are duly authorized to execute this contract on behalf of said parties and that by so executing this contract; the parties hereto are formally bound to the provisions of this contract.

42. MODIFICATION
This Agreement constitutes the entire agreement between the parties. This Agreement may be modified only by subsequent mutual written agreement executed by the CITY and the CONTRACTOR.

43. WAIVER
All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the CITY and the CONTRACTOR.

44. CALIFORNIA LAW
This Agreement shall be construed in accordance with the laws of the State of California.

45. INTERPRETATION
This Agreement shall be interpreted as though prepared by both parties.

46. PRESERVATION OF AGREEMENT
Should any paragraph, clause or provision of this agreement be found invalid or unenforceable, such decision shall affect only the paragraph, clause, or provision construed and interpreted, and all remaining provisions shall remain valid and enforceable.

47. MUTUAL AGREEMENT
The parties hereto do mutually covenant and agree to the full and faithful performance of their respective obligations under this contract.

48. NOTICE OF COMPLETION
CONTRACTOR shall certify in writing to CITY, prior to final payment that the entire project is complete and request that CITY issue a Notice of Completion. Within a reasonable time thereafter, CITY and CONTRACTOR shall make an inspection. If the CITY does not consider the project complete, it will notify the CONTRACTOR in writing giving its reasons (the list of work to be completed or corrected) and shall be accepted by the CITY prior to any final payment and recordation of the Notice of Completion.

SECTION 6 – GENERAL CONDITIONS (Continued)

28

SECTION 7 - SPECIAL PROVISIONS (Continued)
29 SECTION 7 - SPECIAL PROVISIONS

ARTICLE 1 – CHANGES/DISPUTED WORK/CLAIMS

Owner Directed Changes – CITY initiated changes in the work shall be processed in accordance with Sections 5.9.1 and 5.9.2 of the Agreement.

Contractor Initiated Changes/Changed Conditions – The CONTRACTOR shall promptly notify the Director of the following work site conditions (hereinafter called changed conditions), in writing, upon their discovery, but in no event later than three (3) calendar days after they are discovered, and before they are disturbed:

1. Subsurface or latent physical conditions differing materially from those represented in the Contract;

2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and

3. Material differing from that represented in the contract which the CONTRACTOR believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; and

The CONTRACTOR’s failure to give written notice of the alleged cha nged conditions within the time required three (3) calendar days shall constitute a waiver of any potential change order or claim for said alleged changed condition.

The Director will promptly investigate conditions which appear to be changed conditions. If the Director determines that the conditions are changed conditions and will materially affect costs, the CONTRACTOR, upon submitting a written request which is acceptable to the CITY and that includes a breakdown and detail of the costs in sufficient d etail so the CITY may fully analyze the change and costs, shall be entitled to a change order. If the Director determines that conditions are changed conditions and they will materially affect performance time, the CONTRACTOR, upon submitting a written request which includes an acceptable Time Impact Analysis, will be granted an extension of time.

If the Director determines that the conditions do not justify an adjustment in compensation, the CONTRACTOR will be notified in writing. This notice will also advise the CONTRACTOR of its obligation to notify the Director in writing if the CONTRACTOR disagrees. Nothing herein will relieve the CONTRACTOR from its obligation to proceeding with the disputed work.

Should the CONTRACTOR disagree with the decision of the Director, it may submit a written claim for equitable adjustment pursuant to Section 5.9.5 of the Agreement. The written claim for equitable adjustment shall include sufficient detail to allow the CITY to fully analyze the potential claim and shall include at a minimum, the points of disagreement, applicable contract specification references, quantities and costs involved. In the event of such dispute, the CONTRACTOR shall not be excused from any scheduled completion date and shall proceed with all work to be performed under the contract.

Although not to be construed as proceeding under extra work provisions, CONTRACTOR shall keep and furnish records of disputed work in accordance with Section 3 -3 of the Standard Specifications.

These records shall be legible and completely describe the work in dispute, including location. These records shall be submitted to the CITY inspector on a daily basis. The inspector will initial records as acknowledgement of T&M only and said initials shall not convey approvals. The Director shall review

SECTION 7 - SPECIAL PROVISIONS (Continued)
30 the notice of potential claim and the parties shall meet and confer, and try to resolve in good faith the potential claim.

Disputed Work – If for any reason potential claims cannot be settled through good faith negotiations, the potential claims will be resolved in accordance with Section 3-5 of the Standard Specifications with the following additions:

The CITY and the CONTRACTOR shall share all fees required by mediation or arbitration equally.

When the claim is to be settled in court, both parties must pay their own attorneys’ fees.

Resolution of Claims – At the final inspection, CONTRACTOR shall provide a list of all claims, proceeding from notices of potential claims previously submitted under the requirements of the Contract, for which he intends to file claims. CONTRACTOR shall also arrange to meet and confer on the listed claims within 15 days of the final inspection. Time of the meeting shall be within this 15-day period. If on the day of final inspection CONTRACTOR fails to set such meeting or provide the list of claims, the project will not be accepted and working days will continue to accrue. If these requirements are met on the day of the final inspection, preliminary acceptance will be established pending final acceptance following attendance of CONTRACTOR at the scheduled meeting.

If CONTRACTOR attends the scheduled meeting within 15 working days of the final inspection, the date of acceptance will be the date of final inspection. Failure of the CONTRACTOR to attend such meeting within 15 days of the date of preliminary acceptance shall cause the working days used in performance of the contract to be calculated based on the date of the actual meeting being date of final acceptance, minus 15 days.

Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, nonbinding judicially supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less.

“Public Work” has the same meaning as in Section 3100 and 3106 of the Civil Code,…” (20104 (b) (1)).

“Claim” means a separate demand by the CONTRACTOR for (A) a time extension, (B) p ayment of money or damages arising from work done by or on behalf of the CONTRACTOR pursuant to the contract for a public work and payment of which is not otherwise entitled to, or an amount the payment of which is disputed by the local agency. (20104 (b) (2)).

For any claim subject to this article, Section 20104.2 et seq., the following requirements apply

a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.
b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.

SECTION 7 - SPECIAL PROVISIONS (Continued)
31 (3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.
c) (1) For claims over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local age ncy shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency’s written response to th e claim, as further documented, shall be submitted to the claimant within 30 days after the receipt of further documentation, or within a period no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. d) If the claimant disputes the local agency’s written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency’s response or within 15 days of the local agency’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall sche dule a meet and confer conference within 30 days for settlement of the dispute. e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with section 900) and Chapter 2 (commencing with Section 910) of Part 3 of division 3.6 of Title 1 of the Government Code.

For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits h is or her written claim pursuant to subdivision (a) until the time claim is denied, including any period of time utilized by the meet and confer conference.
20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article:
a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties.

The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. b) (1) 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 Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that Code. The Civil Discovery Act of 1986 (Article 3 (Commencing with section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(2) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction

SECTION 7 - SPECIAL PROVISIONS (Continued)
32 law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
20104.6
a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract.
b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The inter est shall begin to accrue on the date the suit is filed in a court of law.

ARTICLE 2 - SCOPE OF WORK AND SEQUENCE OF CONSTRUCTION

The scope of work shall conform to the provisions of Sections 2 and 3 of the Standard Specifications and the following additions:

The work to be done consists of furnishing all labor, materials, tools, equipment and incidentals necessary for the construction as shown on the construction plans and as specified in these Specifications.

The Contractor shall submit detailed work plan with anticipated start date, duration of construction, phasing plan, the sequence of work, staging areas, etc. The Contractor shall be responsible for assuring that all work sequences are logical and the schedule shows a coordinated plan for complete performance of the work.

The project will also require traffic control plans, permits and implementation, storm water protection, demolition and disposing of demolished material and appurtenant work.

The unit prices, shall include the cost of equipment, tools, materials and labor that are delivered to the work site that are necessary for this purpose, to complete the project within the contract time required.

When unforeseen difficulties or a conflict is encou ntered, including toxic and hazardous materials, CONTRACTOR shall notify the Director in writing immediately upon discovery and before the existing conditions are disturbed. CONTRACTOR shall also allow the Director minimum of four (4) hours on five (5) separate occurrences of standby time at no charge to investigate the conditions and make determinations concerning these conditions. CONTRACTOR and his work force shall assist the Director in such investigations. If the Director determines that additional time is needed for evaluation after investigation; the CONTRACTOR shall reschedule, reassign, transfer or move any labor, materials, tools, equipment and alter the sequence of construction activities as necessary to carry out the intent of this project at no cost to the CITY.

The CONTRACTOR cannot withdraw from the project site any labor, materials, tools and equipment without prior written approval by the Director or his authorized representative. Therefore, the CONTRACTOR shall have no claim against the CITY for delay, standby time of tools, equipment and labor, damages, liability and loss of profit, when it is necessary for the Director to exercise this requirement.

Full compensation for conforming to the requirements of this Article shall be considered as included in the Contract bid prices for the various items of work. No separate payment will be allowed.

ARTICLE 3 – MARK-UP OF EXTRA WORK

SECTION 7 - SPECIAL PROVISIONS (Continued)
33 To eliminate the ambiguity and provide the CONTRACTOR clear understanding of the allowable markup, Section 3-3.2.3 “Markup” of the Standard Specifications shall be deleted and replaced with the following:

(a) Work by CONTRACTOR.

A markup of five (5) percent , covering all overhead and profits, shall be added to the CONTRACTOR’s costs as determined under 3.3-2.2 and shall constitute the CONTRACTOR’s only payment for all overhead of any type and profit on “extra work”. There shall be no compensation for bond costs associated with “extra work”.

(b) Work by SUBCONTRACTOR.

When a SUBCONTRACTOR performs all or any part of the extra work, the markup established in 3-

3.2.3(a) shall be applied to the SUBCONTRACTOR’s actual cost of such work, and shall constitute its only payment for all overhead of any type and profit. The CONTRACTOR shall receive an additional markup, not to exceed five (5) percent, for all its overhead and profit on the “extra work” performed by the SUBCONTRACTOR.

No higher markup than as stated above shall be allowed or accepted for any extra work.

ARTICLE 4 - COOPERATION

Although there can be no guarantee that difficulties will not be encountered, the cooperation of the CONTRACTOR is expected. The CITY has endeavored to provide a complete set of project plans and specifications. In the event of any conflict during the course of construction, CONTRACTOR shall allow reasonable time and provide equipment and manpower for the Director to field -check and make determination to resolve the conflict.

CONTRACTOR shall provide equipment and manpower to dig all holes necessary for testing and other test requirements.

CONTRACTOR shall have a representative on the job site at all times during working hours. The representative shall have the authority to make decisions regarding work that can commit CONTRACTOR time, materials, equipment, labor, and resources.

Full compensation for conforming to the requirements of this Article shall be considered as included in the contract bid prices for the various items of work. No separate payment will be allowed.

ARTICLE 5 - SCHEDULE OF CONSTRUCTION AND ORDER OF WORK

A. Schedule of Construction

Before starting construction, the CONTRACTOR shall submit to the Director a cost loaded progress schedule, by task in bar form, to be approved by the Director. The schedule shall show the order in which the CONTRACTOR proposes to carry out the work, and the contemplated dates for starting and completing the separate work activities. The CONTRACTOR shall use Primavera software such as P3, SureTrak or approved equal for schedule.

The sum of the allocated cost to the separate work activities shall equal all work shown on the plans and as required by these specifications.

SECTION 7 - SPECIAL PROVISIONS (Continued)
34 It shall be the CONTRACTOR's responsibility to contact and coordinate the requirements of any impact to public utilities through the utilities representative. The construction schedule shall include the start and completion dates of public utilities under ground work and coordination (if necessary).

The progress schedule shall be consistent with the order of the work, and time requirements of the contract.

Construction in more than one location at one time will be allowed only if authorized by the Director in writing. Said authorization will be contingent upon the CONTRACTOR's ability to demonstrate a significant benefit to the CITY.

B. B. Construction Meeting

A weekly construction meeting shall be held between representatives of the CITY and the CONTRACTOR, at an agreed upon place, day of the week and time in order to discuss progress, submittals, potential problems and other activities related to the project.

C. Order of Work

The first order of work, after being notified that the CITY has awar ded the contract, shall be to place the order for all shop drawings , traffic control plan (if required), and storm water pollution prevention plan required by this project. The order shall be placed within three (3) working days from date of notification.

Full compensation for conforming to the requirements of this Article shall be considered as included in the contract bid prices for the various items of work . No separate payment will be allowed. CITY shall not be

ARTICLE 6 - PRESERVATION OF PROPERTY AND SURVEY MONUMENTS

Attention is directed to Section 7-9 of the Standard Specifications and the following Special Provisions:

Permanent Survey Monuments and Markers

The CONTRACTOR shall be responsible for protecting all existing horizontal and vertical survey controls, monuments, ties and benchmarks located within the limits of the project. If any of the above require removal; relocation or resetting, the CONTRACTOR shall, prior to any construction work and under the sup ervision of a California -licensed Land Surveyor or Civil Engineer, establish sufficient temporary ties and benchmarks to enable the points to be reset after completion of construction.

Any ties, monuments and bench marks disturbed during construction shal l be reset by the CONTRACTOR per City or Orange County Standards after construction and the centerline tie notes shall be submitted to the CITY on 8 1/2" X 11" loose leaf paper. The CONTRACTOR and his sureties shall be liable for, at his expense, any resu rvey required in protecting existing ties, monuments, benchmarks or any such horizontal and vertical controls.

Payment for preservation or reestablishment of permanent survey monuments and markers including centerline ties shall be included in the various items of work. Said payment shall include full compensation for furnishing all labor, materials, tools, equipment, and doing all the work involved in preserving or reestablishing the survey monuments including centerline ties, all excavation, backfill and replacement of pavement section, and conforming to the requirements of this Article. No separate payment will be allowed.

SECTION 7 - SPECIAL PROVISIONS (Continued)
35 ARTICLE 7 - DUST AND SOUND CONTROL REQUIREMENTS ; CLEAN AIR ACT AND WATER

POLLUTION CONTROL ACT REQUIREMENTS

Erosion Control

Per the Federal Clean Water Act, the Contractor is required to eliminate pollution to waters of the United States that may result from this project. This project will require the Contractor to implement “Best Management Practices” (BMP’s). BMPs shall include, but is not limited to fabric over the grate and side openings during the removal and replacement of AC process and the removal of the AC byproduct, immediately cleaning up spilled fluids with an absorbent material and broom, sealing containers of hazardous materials immediately after use, removing loose dirt from the work sites daily, covering stock piles and materials, etc.

Contractor is required to implement an erosion control program, including plans, prior to performing any excavation or disturbing any soil, landscape, or pavement. a. Submit four (4) copies of erosion control plan to City for approval. b. Erosion control plan shall include emergency 24 -hour telephone number(s) of responsible Contractor personnel and details of protective measures, including desilting basins or other temporary drainage and/or control measures. c. Necessary materials (gravel bags, etc.) or devices, per the approved plan, shall be available on site at convenient locations to facilitate rapid installation or to repair any damaged erosion control measures when rain is imminent. All removable protective devices shown on the plan shall be in place at the end of each day when the five (5) day rain probability forecast exceeds forty (40) percent. d. Remove all silt and debris from check dams and desilting basins after a rainstorm and as needed to assure proper operation.
e. Contractor is advised that, based upon actual site conditions, other work devices, controls, and/or revisions to the erosion control plan/program may be by the pro ject inspector, at no cost to the City, to satisfy requirements of this article.

Payment for implementing (BMPs) shall be included in the prices bid for various contract items. The price shall include all costs of all documentation; administration and implementation of the erosion control requirements and SWPPP requirements for the entire contract period, and no additional compensation shall be made therefor.

Dust Control

Dust control shall consist of applying water in conformance with Section 7 -8 of the Standard Specifications, with the following modification:

The CONTRACTOR shall furnish and operate a water truck and self -loading motor vacuum sweeper with spray nozzles applied at least twice each calendar day (including holidays and weekends), first during construction to keep paved areas reasonably clean, and second at the end of day. The CONTRACTOR shall never leave the construction premises dirty or dusty.

All spillage and any excessive dirt or debris resulting from hauling operations, moving of equipment along or across any private or public property or public traveled way, shall be removed immediately at the CONTRACTOR's expense.

SECTION 7 - SPECIAL PROVISIONS (Continued)
36 Whenever the CONTRACTOR fails to control dust resulting from the performance of the work, the Director may cause such dust to be controlled. The costs of controlling dust shall be deducted from moneys due or to become due the CONTRACTOR.

No separate payment will be made for any work performed or material used to control dust resulting from the CONTRACTOR's performanc e of the work, or by public traffic, either inside or outside the right-of-way. Full compensation for such dust control will be considered as included in the price paid for the various items of work involved.

Sound Control

The CONTRACTOR shall comply wi th all local sound control and noise level rules, regulations and ordinances, which apply to any work performed pursuant to the contract.

Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.

The noise level from the CONTRACTOR's operations shall not exceed 86 DBA at a distance of fifty feet (50'). This requirem ent in no way relieves the CONTRACTOR from responsibility for complying with local ordinances regulating noise level.

Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the CONTRACTOR. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

Full compensation for conforming to the requirements of sound control shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.

IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT

By submission of this bid, or the execution of this contract or subcontract, as appropriate, the bidder, CONTRACTOR, or SUBCONTRACTOR, as appropriate, will be deemed to have stipulated the following:

1. That any facility that is or will be utili zed in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub. L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub. L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR Part 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20.

2. That the CONTRACTOR agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed hereunder.

3. That the CONTRACTOR shall promptly notify the OSHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities.