Agenda packet — Garden Grove City Council, March 12, 2024 (part 2 of 2)

FINANCIAL IMPACT
There is no impact to the General Fund . This improvement was funded by the Community Development Block Grant (CDBG), Gas Tax, Measure M, and Water Funds.

RECOMMENDATION

It is recommended that the City Council:
 Accept Project CP-1259000, Various Residential Streets Reconstruction 2023 (Acacia-Josephine neighborhood) as complete;
 Authorize the City Manager to execute the Notice of Completion of Public Works Improvement and Work; and
 Authorize the Finance Director to release the retention payment when appropriate to do so.

By: Mike Santos, P.E., Associate Engineer

ATTACHMENT(S):

1. Notice of Completion

107

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;
PROJECT NO. CP-1259000
VARIOUS RESIDENTIAL STREETS RECONSTRUCTION 2023

ACACIA-JOSEPHINE NEIGHBORHOOD
to be constructed upon the property hereinafter described. The contract for furnishing of all plant, 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 Sully- Miller Contracting Company on the 11th of April 2023, 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 plant, 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 of March 2024 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;
PROJECT NO. CP-1259000
VARIOUS RESIDENTIAL STREETS RECONSTRUCTION 2023

ACACIA-JOSEPHINE NEIGHBORHOOD
108
NAME OF SURETY on
Labor and Material Bond is;LIBERTY MUTUAL INSURANCE COMPANY 175 BERKELEY ST., BOSTON MA 02116
TEL: 617-357-9500
&
BIRKSHIRE HATHAWAY SPECIALTY INSURANCE CO.
1314 DOUGLAS ST., ST 1400, OMAHA, NE 68102
TEL: 402-916-3000
DATED thisday of20
Cn-Y OF GARDEN GROVE
ATTEST:

By
City Manager of the City of Garden
Grove
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 onMarch 12, 2024Ga rd era Grove
City Engiri
, California
109

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Ursula Luna-Reynosa
Dept:

City Manager Dept: Economic Development and
Housing
Date: 3/12/2024

Subject: Approval of out-of-state travel to attend the Innovating Commerce Serving Communities (ICSC) 2024 Conference from May 19, through May 21, 2024. (Cost: $8,000) (Action Item)

OBJECTIVE

For the City Council to approve out-of-state travel to attend the Innovating Commerce Serving Communities (ICSC) 2024 Las Vegas Conference from May 19, through May 21, 2024.

BACKGROUND
Founded in 1957, ICSC is the global convention for the shopping center industry and provides networking, dealmaking and educational opportunities for retail and real estate professionals from around the world. Its more than 70,000 members in over 100 countries include shopping center owners, developers, managers, investors, retailers, brokers, academics, and public officials.

Per City Council Policy Number 100-17, the City Council approved overnight conference and training expenditures when it approved the FY 2023-24 and FY 2024-25 budget (see attached) where certain conferences were approved and specific positions authorized to attend. At the time of budget approval, the Deputy Director of Economic Development position did not exist. Further, the ICSC conference was not identified as an approved conference for the City Manager's Office and therefore no City Manager staff was approved to attend. The City Council is being requested to swap out Senior Project Manager with Deputy Director of Economic Development, add the ICSC conference to the approved list of conferences under the City Manager's Office, and authorize the City Manager, or designee, to attend the conference.

Per City Council Policy Number 100-19, the City Council is being requested to 1) concur that the costs incurred in attending the ICSC conference are justified based 110

Page 2 of 3 ends

on the benefits of attending (additional detail in the below “Discussion” section of this staff report) and 2) authorize and approve out-of-state travel for three (3) City Council members. The costs associated with the conference related to this council request are provided in the “Fiscal Impact” section of this staff report.

DISCUSSION
The upcoming ICSC 2024 Las Vegas Conference presents a valuable platform for the City to engage with prominent industry members, capitalizing on networking, deal-making, and educational prospects. With approximately 1,000 exhibiting companies spanning diverse facets of real estate development, this convention serves as a nexus for collaboration and innovation.

The City's Office of Economic Development views attendance at this convention as a strategic initiative, providing an avenue to delve into economic, marketing, and promotional dynamics influencing the retail and commercial sector. Emphasizing the promotion and marketing of Garden Grove, the team aims to forge connections with industry retail representatives and developers, prioritizing the establishment of meaningful relationships.

By participating as an exhibitor, the City is positioned to leverage the opportunity to engage with key influencers in the realms of shopping center management, hospitality, and housing development. Furthermore, active participation in the convention will facilitate face-to-face interactions with potential developers, strategically navigating the tradeshow floor to foster collaborations and showcase the City's retail commercial real estate opportunities.

In adherence to the Brown Act regulations, a maximum of three Council Members are permitted to attend the ICSC 2024 Las Vegas Conference. The conference is scheduled to take place in approximately two months and exhibitor space and accommodations sell out quickly, necessitating prompt action for staff to register and coordinate travel arrangements for all attending.

FINANCIAL IMPACT

The cost for the City Council members and designee from the City Manager's Office to attend the conference is estimated at $8,000. The funds are currently budgeted in the approved operating budget and no additional appropriation is requested.

RECOMMENDATION

It is recommended that the City Council:
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 Concur that the costs incurred in attending the ICSC conference are justified based on the benefits of attending, approve the swap of the Senior Program Specialist for the Deputy Director of Economic Development, add the ICSC conference to the approved list of conferences for the City Manager's Office, and authorize the City Manager, or designee, to attend the conference; and  Approve the out-of-state travel for up to three Council Members to attend the ICSC conference.

ATTACHMENT(S):

1. Approved FY 23-25 Overnight Conference and Training

112
City of Garden Grove
FY 2023-24 & FY 2024-25 Budgets
Overnight Conferences, Training and Seminars

DEPARTMENT POSITION

CONFERENCES:

City Manager
ICMA Annual Conference City Manager, Assistant City Manager New Laws & Elections/CCAC Annual Conference City Clerk, Deputy City Clerk CAHA Housing Manager
Finance Officers Meetings (4) Housing Manager/ Housing Supervisor HAASC Housing Manager
HUD Training Housing Supervisor
LOCC City Manager, Assistant City Manager
NAHRO/HUD Housing Manager, Housing Supervisor
Community/Economic Development
ALIS Sr Proj Mgr, Project Mgr, Sr Program Specialist
APA Conference Director, Planning Mgr, Planning Staff
CACEO Annual Conference Code Officers
CAL CASp Seminar/ Annual Summit Bldg Official, Permit Ctr Supvsr, Plan Check Engr, Bldg Inspctr, Permit Tech CALED Annual Conference Director, Sr Proj Mgr, Project Mgr, Sr Program Specialist ICC Annual Conference Bldg Official, Permit Ctr Supvsr, Bldg Spvsr ICSC RECon Director, Sr Proj Mgr, Project Mgr, Sr Program Specialist ICSC West Division Director, Sr Proj Mgr, Project Mgr, Sr Program Specialist NAHRO/HUD Neighborhood Improvement Manager
Finance
CALPERS Director, Acctg Mgr, Acctg Staff, Budget Mgr
CentralSquare User Conference CentralSquare Administrators CMRTA Annual Conference Bus Tax Spvsr, Bus Tax Inspctr, 2 Sr Acctg Specialists CSMFO Director, Acctg Mgr, Acctg Staff, Budget Mgr, Budget Staff PARMA Director, Risk Mgmt Staff
PRIMA Director, Risk Mgmt Staff

Human Resources
CALPELRA Annual Conference Director, Manager
PARMA Manager
Information Technology
MISAC IT Director, IT Manager
Rubyconf Sr IT Analyst
Central Square Users Conference IT Manager, Sr IT Analyst RSA Conference Sr IT Analyst
Vue.js Conference Programmer
Police
IACP Police Management Staff - TBD
ICAC Sexual Assault Detectives
CAHN Hostage Negotiators
Cal Chiefs Police Chief
CALEA CALEA Coordinator
CHIA Homicide Detective
CNOA SIU Officers
CRIA Robbery Detectives
Crime Intel Analyst Assn Crime Analyst
OCCSA Police Chief
Public Works
LOCC Public Works Director
State Humane Association Animal Control Officers
AWWA/WEF Utility Managers, Supervisors, Analyst, Program Specialist CWEA Managers, Supervisors, Analyst, Program Specialist CRRA Sr. Program Specialist
SWA of North America Sr. Program Specialist
WCISA Supervisor, Sr. Lead
Humane Pro Supervisor, Sr. Lead

1 113
City of Garden Grove
FY 2023-24 & FY 2024-25 Budgets
Overnight Conferences, Training and Seminars

DEPARTMENT POSITION

TRAINING AND SEMINARS:

City Manager's Office
LOCC City Manager Training City Manager, Assisant City Manager LOCC New Laws and Elections City Clerk, Deputy City Clerk Finance/HUD Housing Manager
HAMA/HUD Housing Mgr, Housing Supervisor, Sr Housing Spec Community/Ecomonic Development
AEP Current Planners
ALIS Sr Proj Mgr, Project Mgr, Sr Program Specialist
CALBO Leadership Academy Bldg Official, Permit Ctr Spvsr, Bldg Supvsr CEQA & GIS Current Planners
CTI Bldg. Inspector, Plans Examiner
IAPMO POA, Bldg Inspector, Permit Tech, Supervising Bldg Inspector NFPA Building Official, Bldg Inspector, Plan Check Engineer OCVA Tourism Conferences Sr Project Mgr, Project Mgr, Sr Program Specialist Open Streets National Summit/CICLAVIA Director, Planning Manger, Sr. Planner Community Services
CPRS Director, Manager, Supervisor
NRPA Director, Manager, Supervisor
Finance
CAPPO Purchasing Mgr
GFOA (Various Training) Acctg Mgr, Acctg Staff, Budget Mgr, Budget Staff Human Resources
CalPERS Annual Educational Forum Director, Manager
NEOGov Training Principal Personnel Analyst
PASMA Meetings Benefits Supervisor
Information Technology
CISSP Training Sr IT Analyst
ITIL Training IT Manager
Police
CalNENA Communications Mgr, Comm Supervisors
CALRO Resort Unit Officer, Intel Officer
CAPE Property & Evidence CSOs
CCPOA Crime Prevention CSOs
CVSA Training Background Investigators
FARA Ordinance Coordinator
Government Social Media Training PD Social Media Coordinator LEIU Lieutenant, Intel Officer
Non-POST Training Officers & Civilians
POST Reimbursable Classes Officers & Civilians
Spillman Users Conference Spillman Administrators
SWAT Training SWAT Team
Public Works
ISA/TRAQ Supervisor, Sr. Lead
San Diego Humane Law Academy Supervisor
2 114

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: William E. Murray
Dept:

City Manager Dept: Public Works
Date: 3/12/2024

Subject: Authorize the issuance of a purchase order to The Charles Machine Works for one (1) new Ditch Witch Ride on Trencher/Root pruner. (Cost: $74,304.48) (Action Item)

OBJECTIVE
To secure City Council authorization to purchase one (1) new Trencher/ Root Pruner from The Charles Machine Works through the Sourcewell Cooperative Purchasing competitive bid program, Contract #031121-KBA.

BACKGROUND
The Public Works Department has one (1) Trencher/ Root Pruner that currently meets the City’s guidelines for replacement and was approved through FY -23/24 budget process. This vehicle is a 1999 Vermeer Trencher/ Root Pruner with 428 hours, Serial# 1VRP082R2W1000688.

DISCUSSION
Experience has shown that the City’s buying power is enhanced through joining with other public agencies to purchase fleet vehicles and equipment. Sourcewell nationally solicits, evaluates and awards contracts through a competitive bid process. As a member of Sourcewell, the City is able to utilize bid awards for equipment purchases. Staff recommends piggybacking on the results of a recent Sourcewell competitive bid program, Contract #031121 -KBA. The results deemed The Charles Machine Works as the lowest responsive Bid.

The Charles Machine Works $74,304.48*

* This price includes all applicable tax and destination charges.

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FINANCIAL IMPACT
The cost of replacing one (1) new Trencher/ Root Pruner is $74,304.48. This is a scheduled replacement and funding is included in the the Fleet Management Fund budget for fiscal year 2023-24. There is no impact to the General Fund. The surplus equipment w ill be sold at public auction, and proceeds will go back to the Fleet Management internal service fund.

RECOMMENDATION

It is recommended that the City Council:
 Authorize the Finance Director to issue a purchase order in the amount of $74,304.48 to The Charles Machine Works for the purchase of one (1) new Ditch Witch Trencher / Root pruner.

By: Steve Sudduth, Public Works Supervisor

ATTACHMENT(S):

1. Quote for Trencher/ Root Preuner

2. Literature on Trencher/ Root Prunner

116
1EA RT45B - RT45B 53,412.46
With the following configuration:

Trencher Package Make To Order
Manuals English
Engine Highly Regulated
Tire/Tracks 26 X 12-12 8-Ply (Dana 44)
Rear/Front DifferentialD44 rigid rear
Counterweight Frame With 8 Weights
Backfill Blade 4-way 64 in
Hydraulic Manifold Kit No
Color Standard
Hydraulic Oil Standard
1EA RT45B-PREP - RT45B Prep Assembly
1EA H314B - H314B Digging 8,676.52
With the following configuration:

Decals English
Headshaft Sprocket 12 Tooth
Slide Kit Hydraulic Slide
Auger Shaft Single
Auger Type Left
AugerLong
Color Standard
Sold-to Party Address

CITY OF GARDEN GROVE
SOURCEWELL MEMBER 32278
13802 NEWHOPE STREET
GARDEN GROVE CA 92843-3715
The Charles Machine Works
1959 West Fir Avenue
P.O.Box PO BOX 66
Perry, OK 73077
Phone No : 1-800-654-6481
Fax No : 580 336 0617
Email : [email protected]
Qty Material Description Unit Price Discount Amount
Quotation Details
Confidentiality Notice:

This quote may contain confidential information. The information is intended only for the individual or entity named. If you are not the intended recipient, please immediately notify us at 1-800-654-6481 to arrange for return of the document.

Quotation
Global Account Price Quote
Quote Valid until : 01/18/2024
TAXES ARE AN ESTIMATE AT TIME OF QUOTATION-ACTUAL TAX WILL BE CALCULATED AT TIME OF INVOICING. IF TAXES ARE

QUOTED AND THIS IS A TAX EXEMPT TRANSACTION, PLEASE PROVIDE TAX EXEMPT CERTIFICATE OR LEASING DETAILS WITH YOUR PURCHASE ORDER.

FOR MODEL SPECIFICATIONS OR OTHER INFORMATION, VISIT OUR WEBSITE AT WWW.DITCHWITCH.COM Information
Quotation No. 20206254
Document Date 12/14/2023
Customer No. 512871
Dealership DITCH WITCH WEST (CORONA, CA)
CORONA
PO __________________________
Created by Jon McLarty

Page 1 of 2 ends

117
1EA 140-10009 - RESTRAINT BAR (56", 2P) 126.03 1EA 143-060 - "52" LT ROLLER BOOM (2.000"P)" 1,844.65 1EA 131-416 - 50K 2P DURA/SHK B 96P 6.0 2,280.08 ----------------------------
Corporate Account Price 66,339.74
Total Freight 1,600.00
Total Tax 5,804.74
Installation Charge 560.00
----------------------------
Total Amount $ 74,304.48
Sold-to Party Address

Quotation
Global Account Price Quote
Quote Valid until : 01/18/2024
TAXES ARE AN ESTIMATE AT TIME OF QUOTATION-ACTUAL TAX WILL BE CALCULATED AT TIME OF INVOICING. IF TAXES ARE

QUOTED AND THIS IS A TAX EXEMPT TRANSACTION, PLEASE PROVIDE TAX EXEMPT CERTIFICATE OR LEASING DETAILS WITH YOUR PURCHASE ORDER.

Page 2 of 2 ends

118
RT45

RIDE-ON TRENCHER
119
1 3
4 5
7 RT45
Direct-coupled, high-torque
digging chain motor designed
for increased production and
reliability.

Easy-to-use foot pedal that
controls infinitely variable ground
drive in both forward and reverse.

User-friendly
operator’s station
with color-coded
speed/direction
and attachment
controls; backfill
blade controlled by
a sensitive joystick.

Exhaust system is mounted
under a composite hood with
a horizontal exhaust pipe,
diverting noise and hot air
away from the operator.

Advanced air-filtration system designed
to improve engine performance; air filter
elements are easy to access and replace.

Operator presence system
stops the engine when the
operator leaves the seat
for greater safety.
6 2
Engine service points are easily
accessible from one side,
simplifying maintenance.

Tier 4, 49-hp (36.5-kW) Deutz® diesel engine
is designed for minimal maintenance and
maximum operator productivity.
8 The Ditch Witch® RT45 is your go-to trencher for 4- to 5-foot trenches. With its high-torque digging chain motor and Tier 4 engine, the RT45 has plenty of power to muscle through the earth—with your choice of compatible attachments—and plenty of comfort in its spacious operator’s station. It’s no wonder the RT45 has been rental’s most in-demand trencher for the last 50 years.
120
H516 TRENCHER
H331 VIBRATORY PLOW
DIMENSIONS U.S. METRIC
Angle of departure 22°
Cover depth, feed blade, max 24 in 610 mm
Transport length, plow w/blade 169 in 4.3 m
Offers both feed and pull blades. Maximum cover depth (feed blade) of 24 in (610 mm) .

H350 TRENCHER/PLOW COMBO
DIMENSIONS*
Angle of departure 33°
Trench depth, max 42 in 1.1 m
Trench width, min to max 6-8 in 150-200 mm

PLOW DIMENSIONS
Angle of departure, transport, 18-in (457-mm) blade 26° Cover depth 24 in 610 mm

GENERAL
Attachment weight, w/out augers, boom, chain, and
plow blade 1,500 lb 680 kg
* Dimensions are based on shortest roller boom, 26 x 12-12 standard tire and wheel, and 12-in (305-mm) pivot.

H313 TRENCHER
DIMENSIONS*
Angle of departure 17°
Trench depth, max 63 in 1.6 m
Trench width, min to max 6-12 in 150-305 mm
Attachment weight 610 lb 277 kg
* Dimensions are based on shortest roller boom, 26 x 12-12 standard tire and wheel and 12-in (305-mm) pivot.

H314 TRENCHER
DIMENSIONS* U.S. METRIC
Angle of departure 35°
Trench depth, max 52 in 1.3 m
Trench width, min to max
Center 6-12 in 150-305 mm
Offset 6-8 in 150-200 mm
Attachment weight 570 lb 260 kg
* Dimensions are based on shortest roller boom, 26 x 12-12 standard tire and wheel, and 12-in (305-mm) pivot.

H342 SAW

DIMENSIONS
Angle of departure 14°
Trench depth, max 18 in 455 mm
Overall length, transport 162 in 4.1 m
Number of teeth on saw wheel 36
Attachment weight

2.5-in (65-mm) segments 1,550 lb 700 kg

3.5-in (90-mm) segments 1,610 lb 730 kg
5-in (130-mm) segments 1,660 lb 755 kg
A323 BACKHOE

DIMENSIONS
Backhoe length, stowed 60 in 1.5 m
Digging depth, max 72 in 1.8 m
Reach from swing pivot 102 in 2.6 m

GENERAL
Bucket width 12 in 305 mm
Bucket capacity 1.1 ft3 0.03 m 3
Backhoe weight w/bucket 1,125 lb 511 kg
Swing arc 160°
Features a remote blade lift and throttle. Maximum digging depth of 72 in (1.83 m).

MT12 MICROTRENCHER
DIMENSIONS, W/31 X 10 SOLID
TIRES
Angle of departure 19°
Trench depth 1-ft (25.4-mm) increments 6.5-12.5 in 165-318 mm Blade diameter 34 in 864 mm
Trench width 0.50-1.5 in 13-38 mm
Attachment weight (includes mount kit) 1,400 lb 636 kg
RT45

ATTACHMENTS
121
DIMENSIONS* U.S. METRIC
Height (H1) 86 in 2.18 m
Length, transport (L2) 155 in 3.9 m
Width, transport (W2) 64 in 1.6 m
Basic unit weight 3,240 lb 1470 kg
Wheelbase (L4) 48 in 1.22 m
Spoil discharge reach, min to max (N) 17-20 in 435-510 mm Tread (W4) 46 in 1.17 m
Ground clearance, min (standard tire) 7 in 180 mm
Ground clearance, min (optional tire) 8.5 in 215 mm
POWER (TIER 4)
Engine Deutz ® D2.9 L4
Fuel Diesel
Cooling medium Water
Injection Direct
Aspiration Natural
Number of cylinders 4
Displacement 177 in³ 2.9 L
Bore 3.6 in 92 mm
Stroke 4.3 in 110 mm
Manufacturer’s gross power rating 48.8 hp 36.4 kW
Rated speed 2,600 rpm
Emissions compliance EPA Tier 4 EU Stage IIIA
POWER (TIER 4I) U.S. METRIC
Engine Deutz D2011L3i
Fuel Diesel
Cooling medium Oil
Injection Direct
Aspiration Natural
Number of cylinders 3
Displacement 142 in³ 2.3 L
Bore 3.7 in 94 mm
Stroke 4.4 in 112 mm
Manufacturer’s gross power rating 42.2 hp 31.5 kW
Rated speed 2,300 rpm
Emissions compliance EPA Tier 4i EU Stage IIIA

POWER TRAIN
Ground drive transmission Hydrostatic drive, infinitely variable from zero to maximum, foot-pedal and hand-lever
operated speed/direction control
Differentials Dana Model 44, limited slip;
Dana Model 60, limited slip
Parking brake Disc, hand-operated
Service brake Ground drive speed/direction control brakes machine hydraulically when moved to neutral
position
Attachment drive transmission Hydrostatic, lever operated, speed infinitely variable from zero to maximum forward with
limited stroke reverse
Trencher drive transmission Hydrostatic
* Dimensions are based on H313 attachment and shortest roller boom length, 26 x 12-12 standard tire and wheel, and 12-inch pivot.
** Operating weight based on H313 attachment, longest roller boom, heaviest chain, 175-lb operator, and 26 x 12-12 tires.

Specifications are general and subject to change without notice. If exact measurements are required, equipment should be weighed and measured. Due to selected options, delivered equipment may not necessarily match that shown.

OPERATION U.S. METRIC
Forward speed, max 4.7 mph 7.6 km/h
Reverse speed, max 2.7 mph 4.4 km/h
Vehicle clearance circle
Front steer only 28 ft 8.5 m
Coordinated steer 20 ft 6.1 m
Digging chain speed, max
(2,600 rpm engine speed)
460 fpm 140 m/min
Operating weight** 5,375 lb 2438 kg
Headshaft speed, max
(2,600 rpm engine speed)
233 rpm
HYDRAULIC SYSTEM @ 2,600 RPM
(TIER 4)
Ground drive pump capacity 31.5 gpm 119 l/min
Ground drive pump relief pressure 3,650 ps i 252 bar
Attachment drive
Trencher 5,000 p si 345 bar
Plow/saw 3,750 ps i 259 bar
Attachment pump capacity 31.5 gpm 119 l/min
Auxiliary pump capacity 11.5 gpm 44 l/min
Auxiliary pump relief pressure 2,100 psi 145 bar
HYDRAULIC SYSTEM @ 2,300 RPM (TIER 4I)
Ground drive pump capacity 29.3 gpm 111 l/min
Ground drive pump relief pressure 3,750 ps i 258 bar
Attachment drive
Trencher 5,000 p si 345 bar
Plow/saw 3,750 ps i 259 bar
Attachment pump capacity 29.3 gpm 111 l/min
Auxiliary pump capacity 10.2 gpm 39 l/min
Auxiliary pump relief pressure 2,500 ps i 172 bar
FLUID CAPACITIES U.S. METRIC
Fuel tank 13 gal 49 L
Engine oil 6.4 qt 6.1 L
Hydraulic system 13 gal 49 L
Hydraulic reservoir 9.5 gal 36 L
Coolant 3 gal 11 L

BACKFILL BLADE
Blade width 64 in 1.6 m
Blade height 14 in 355 mm
Lift height, above ground 12 in 300 mm
Blade drop, below ground 8 in 200 mm
Swing angle, max
Left/right 28°
Tilt angle
Up/down 11°

TIRES/PRESSURE
26 x 12-12, 4-ply bar lug 1,780 lb @ 20 psi 807 kg @ 1.40 bar 29 x 12.50-15, 8-ply bar lug (optional) 2,150 lb @ 30 psi 975 kg @ 2.07 bar

NOISE LEVEL
Operator 96 dBA sound pressure per ISO 6394
Exterior 108 dBA sound power per ISO 6393

BATTERY
Group 26/26R/70
SAE reserve capacity rating 165 min
Cold crank rating @ 0°F (-18°C) 850 amps
Auxiliary power outlet 12V, 5 amps
RT45

RIDE-ON TRENCHER

SPECIFICATIONS
122

SERVICE
Your Ditch Witch dealership offers professional service technicians who are extensively trained in every aspect of Ditch Witch equipment maintenance and repair. Ask a service representative about our Orange Armor ® Planned Maintenance program, a schedule of maintenance at factory-suggested intervals that keeps your equipment in peak operating condition.

DIGGING SYSTEMS
Replacing worn digging system components is essential to maintaining maximum productivity from your trencher. See your dealer for genuine Ditch Witch chain, specially manufactured headshaft sprockets and digging teeth, which are designed to work together as a system to provide unparalleled trenching performance.

PARTS
Tires, O-ring kits, decals, paint, filters, hydraulic cylinder kits, belts, and many other accessories and replacement parts are available at your local Ditch Witch dealership, where you’ll also find expert advice that comes from years of experience in the underground construction industry.
©2020 The Charles Machine Works, Inc. LFCMWPROD1080401
PARTS, ACCESSORIES AND SUPPORT:
123

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: William E. Murray
Dept:

City Manager Dept: Public Works
Date: 3/12/2024

Subject: Authorization for the issuance of a purchase order with Harbor Pointe to replace four (4) Heating, Ventilation and Air Conditioning (HVAC) Package Units at Fire Station 81. (Cost: $83,184) (Action Item)

OBJECTIVE
Secure City Council authorization for issuance of a purchase order with Harbor Pointe to replace four (4) Heating, Ventilation and Air Conditioning (HVAC) Package Units at Fire Station 81.

BACKGROUND
The Public Works Department Facilities Division is responsible for maintenance of City buildings. In 2019, the City contracted with a consultant to perform a comprehensive Facilities Condition Assessment (FCA) of City owned buildings. FCA forecasts the useful lifecycle and costs of building needs, as well as major assets inside each building. Additionally, the assessment captured current building deficiencies and categorizes them by Safety, Performance/Integrity, Accessibility, Environmental, Retrofit/Adaptation and Lifecycle/Renewal. These categories are the primary reason or rationale for replacement, repair, or corrective action.

DISCUSSION
Based on performance information provided in the FCA and fiscal year 23-24 CIP plan, staff recommends the replacement of four (4) HVAC package units located at Fire Station 81. These units have reached the end of their useful service lives and qualify for replacement.

Specifications were generated and submitted for bid. The results shown reflect the four (4) lowest bids.

Harbor Pointe $ 83,184
124

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Pacific West Industries Inc. $ 90,497
ACCO Engineered Systems $ 96,377
A&H Refrigeration Inc. $104,500

FINANCIAL IMPACT
The cost of replacing four (4) Heating, Ventilation and Air Conditioning (HVAC) Package Units at Fire Station 81 is $83,184. Funding is included in the Building Rehabilitation Fund. No additional appropriations are required.

RECOMMENDATION

It is recommended that the City Council:
 Authorize the Finance Director to issue a purchase order in the amount of $83,184 to Harbor Pointe for the replacement of four (4) HVAC package units at Fire Station 81.

By: Phillip Carter, Facilities Manager

ATTACHMENT(S):

1. Project Agreement

2. Attachment 2

125
SECTION 4 - AGREEMENT

PROJECT AGREEMENT

THIS AGREEMENT is made this ___ day of ______________, 2024, by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY"), and Harbor Pointe Air Conditioning & Control Systems, Inc., hereinafter referred to as ("CONTRACTOR").

RECITALS:

The following recitals are a substantive part of this Agreement:

This Agreement is entered into pursuant to Garden Grove COUNCIL AUTHORIZATION, DATED ____________________.

CITY desires to utilize the services to Furnish All Labor, Material and Equipment for the removal and replacement/installation of four (4) rooftop HVAC/packing units at Fire Station #81 located at 11301 Acacia Pkwy, Garden Grove CA, per the bid specifications and IFB S-1321.

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

AGREEMENT

THE PARTIES MUTUALLY AGREE AS FOLLOWS:

4.0 Compensation. CONTRACTOR shall be compensated as follows: Compensation under this agreement shall be a Not to exceed (NTE) amount of Eighty Three Thousand One Hundred Eighty Three Dollars and 94/100 ($83,183.94), payable in arrears and in accordance with Scope of Work/Bid Proposal (Attachment B), which is attached and is hereby incorporated by reference. Payment for work under this Agreement shall be made per invoice or request for work completed subject to Section 4.11 hereof. All work shall be in accordance with Bid No. S - 1321.

4.1 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, a nd 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 a greed 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 and Specifications, and Contractor's Proposal, are incorporated in this Contract by reference, with the same force and effect as if the same were set 126
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 p art 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 mentioned 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 Engineer, without whose decision CONTRACTOR shall not adjust said discrepancy save only at CONTRACTOR'S own risk and expense. The decision of the Engineer shall be final.

4.2 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 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 of refusal of the surety to satisfy said claims, CITY may settle them directly and deduct the amount of payments from the Contract 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.

4.3 Project. The PROJECT is described as Furnish All Labor, Material and Equipment for the removal and replacement/installation of four (4) rooftop HVAC/packing units at Fire Station #81 located at 11301 Acacia Pkwy, Garden Grove CA, per the bid specifications.

4.4 Plans and Specifications. The work to be done is described in a set of detailed Plans and Specifications for: Furnish All Labor, Material and Equipment for the removal and replacement/installation of four (4) rooftop HVAC/packing units at Fire Station #81 located at 11301 Acacia Pkwy, Garden Grove CA, per the bid specifications.

Said Plans and Specifications and any revisions, 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 City which are also incorporated herein and referred to by reference.

4.5 Time of Commencement and Completion. The term of this agreement shall be from full execution of the agreement through completion of the project.

Contractor has fourteen (14) working days to complete the work but this may 127
be extended with prior approval in writing from the project manager only . This agreement may be terminated by the CITY without cause. CONTRACTOR agrees to commence the Project within TEN (10) calendar days from the date set forth in the "Notice to Proceed".

4.6 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, subcontractors and of the CITY, in a manner that will facilitate the effici ent completion of the entire work in accordance with Section 4.5 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.

4.7 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; and act, neglect or default of 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 CON TRACTOR and beyond CONTRACTOR'S reasonable control.

City shall extend the time fixed in Section 4.5 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 will be determined in accordance with Section 9 -103A of the State of California Department of Transportation Standard Specifications. The CITY'S decision will be conclusive on all parties to this Contract.

4.8 Extra Work. The Contract price includes compensation for all work performed by CONTRACTOR, unless CONTRACTOR obtains a written change order signed by 128
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 4.9 hereof. CITY shall extend the time fixed in Section 4.5 f or 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.

4.9 Changes in Project.

4.9.1 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.

4.9.2 A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the CITY which causes any change, provided CONTRACTOR gives the CITY written notice stating the date, circumstances and source of the order and that CONTRACTOR regards the order as a change order.

4.9.3 Except as provided in this Section 4.9, no order, statement or conduct of the CITY or its representatives shall be treated as a change under this Section 9 or entitle CONTRACTOR to an equitable adjustment.

4.9.4 If any change under this Section 4.9 causes an increase or decrease in CONTRACTOR'S actual, direct cost or the time required to perform any part of the work under this Contract, whether or not changed by any order, the CITY shall make an equitable adjustment and modify th e Contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (4.9.2) above shall be allowed for any costs incurred more than 20 days before the CONTRACTOR gives written notice as required in paragraph (4.9.2). 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.

4.9.5 If CONTRACTOR intends to assert a claim for an equitable adjustment under this Section 4.9, it must, within thirty (30) days after receipt of a written change order under paragraph (4.9.1) or the furnishing of a written notice under paragraph (4.9.2), 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 may include the 129
statement of claim in the notice under paragraph (4.9.2) of this Section

4.9. 4.9.6 No claim by CONTRACTOR for an equitable adjustment shall be allowed if made after final payment under this Agreement.

4.9.7 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 deduction, 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 pro posal for change in the work.

Disputed work shall be performed as ordered in writing by the CITY and the proper cost or credit breakdowns therefor shall be submitted without delay by CONTRACTOR to CITY.

4.10 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 4.5 herein, plus the allowance made for delays or extensions authorized under Section 4.7, 4.8 and 4.9 herein, th e 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 two hundred and fifty dollars ($250.00) per day for each and every calendar day during which completion of the Project is so delayed. CONTRACTOR agrees to pay such liquidated damages and further agrees that CITY may offset the amount of liquidated damages from any moneys due or that may become due CONTRACTOR under the Contract.

4.11 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 as itemized in the bid proposal. Progress payments shall be made to the CONTRACTOR per month 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 30 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 130
the terms of the Contract. Partial payments of the Contract price shall not be considered as an acceptance of any part of the work.

4.12 Substitution of Securities in Lieu of Retention of Funds . Pursuant to California Public Contract Code Section 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 re tained by the CITY to ensur e 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.

4.13 Completion. CITY may requir e affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier in connection with Stop Notices, which have been filed under the provisions of the statutes of the State of California.

4.14 Contractor's Employee Compensation.

4.14.1 General Prevailing Rate. CITY has ascertained CONTRACTOR shall comply with all applicable requirements of Division 2, Part 7, Chapter 1 of the California Labor Code and all applicable federal requirements respecting the payment of prevailin g wages. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the prevailing wage rates determined by the Director of the Department of Industrial Relations (DIR) for similar classifications of labor, the CONTRACTOR and its Subcontractors shall pay not less than the higher wage rate. The DIR will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal Wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the CONTRACTOR and Subcontractors, the CONTRACTOR and its Subcontractors shall pay not less than the Federal Minimum wage rate which most closely approximates the duties of the employees in question.

4.14.2 Forfeiture for Violation. CONTRACTOR shall, as a penalty to the CITY, forfeit one hundred dollars ($10 0.00) for each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California.

4.14.3 Apprentices. Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of Califor nia, regarding the employment of apprentices is applicable to this Contract and the CONTRACTOR shall comply therewith; 131
provided, however, that this requirement shall not apply if and/or to the extent that the Contract of the general CONTRACTOR, or the contracts of specialty contractors not bidding for work through a general or prime contractor involves less than thirty thousand dollars ($30,000.00).

4.14.4 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 thereunder except as provided in paragraph (4.14.1 ) above.

CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et sep.) 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 execution of th is 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.

4.14.5 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 per diem wages 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.

4.14.6 CONTRACTOR REGISTRAT ION; MAINTENANCE OF PAYROLL RECORDS; JOB SITE POSTING

4.14.6.1 Contractor Registration. CONTRACTOR and its
subcontractors must be registered with the California
Department of Industrial Relations pursuant to Labor Code Section 1725.5. This Agreement shall not be effective until CONTRACTOR provides proof of registration to the CITY.

4.14.6.2 Payroll Records. CONTRACTOR shall maintain
accurate payroll records and shall comply with all of the provisions of Labor Code Section 1776, and shall submit 132
payroll records to the Labor Commissioner pursuant to
Labor Code section 1771.4(a)(3).

4.14.6.3 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 Se ction
1771.4(a)(2).

4.14.6.4 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.

4.15 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 approve by the CITY. The Surety Company must have an AM Best rating of A- VII or better.

4.16 Insurance.

4.16.1 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 with provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract.

4.16.2 CONTRACTOR and all subcontractors will carry and provide Workers' Compensation insurance for the protection of its employees during the progress of the work and provide Employers Liability in an amount not less than $1,000,000. The insurer shall waive its rights of subrogation against the CITY, its officers, agents and employees and shall issue a certificate to the policy evidencing same.

4.16.3 For any claims related to this Agreement, CONTRACTOR’S insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self - insurance maintained by the CITY, its off icers, officials, employees, agents, or volunteers shall by excess of the CONTRACTOR’S insurance and shall not contribute with it.

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4.16.4 Before CONTRACTOR performs any work at, or prepares or delivers materials to, the site of construction, CONTRACTOR shall fur nish certificates of insurance and endorsements evidencing the foregoing insurance coverage and such certificates of insurance and endorsements shall provide the name and policy number of each carrier and that the insurance is in force and will not be cancelled without 30 days written notice to the CITY. CONTRACTOR shall maintain all of the foregoing insurance in force until the work under this contract is satisfactorily and fully completed to the satisfaction of the CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by Contractor under Section 4.17 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 having a Best's Guide Rate of A-, Class VII or better (claims made and modified occu rrence policies are not acceptable).

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

4.16.6 INSURANCE AMOUNTS . C ONTRACTOR and all subcontractors shall maintain the following insurance in the amount and type for the duration of this Agreement:

(a) Commercial general liability in an amount not less than $5,000,000 per occurrence, and not excluding XCU; ( claims made and modified occurrence policies are not
acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.

(b) Automobile liabili ty in an amount not less than $ 5,000,000 combined single limit; (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A -, Class VII or better, as approved by the CITY.

(c) Excess liability, follows form coverage, shall be provided for any underlying policy that does not meet the insurance requirements set forth herein.( claims made and modified occurrence
policies are not acceptable) Insurance companies must be 134
acceptable to CITY and have a Best’s Guide Rating of A-Class VII or better, as approved by the CITY.

An Additional Insured Endorsement, ongoing and products - completed operations, for the policy under section 4.16.6 (a) shall designate CITY, its officers, officials, employees, agents, and volunteers 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 t he CONTRACTOR.

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

An Additional Insured Endorsement for the policy under section 4.16.6 (b) shall designate CITY, its of ficers, officials, employees, agents, and volunteers 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 the CITY.

In the event any of CONTRACTOR’S underlying policies do not meet policy limits within the insurance requirements, CONTRACTOR shall provide coverage under the excess liability policy in 4.16.6 (c ). Policy must be a follows form excess/umbrella policy. CONTRACTOR shall provide the schedule of underlying polices for an excess liability policy, state that the excess policy follows form on the insurance certificate, and provide an additional insured endorsement for the excess liability policy designating CITY, its officers, officials, employees, agents, and volunteers 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 any claims related to this Agreement, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, or volunteers, 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 exce ss of the CONTRACTOR’s insurance and shall not contribute with it.

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. 135

4.17 Risk and Indemnification. All work covered by this Contract done at the site of the Project or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify and keep CITY, its Officers, 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 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 arising through the active negligence or sole 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.

4.18 Termination.

4.18.1 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.

Termination of contract shall conform to Section 8-1.11 of the State of California, Department of Transportation Standard Specifications.

4.18.2 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 a mount 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. The equitable adjustment for any termination shall provide for payment to the CONTRACTOR for services rendered and expenses incurred in accordance with section 8 -1.11 of the State of California, Department of Transportation Standard Specifications.

4.18.3 Upon receipt of a termination action under paragraph (4.18.1) or (4.18.2) 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.

4.18.4 Upon termination under paragraphs (4.18.1) and (4.18 .2) above, the CITY may take over the work and may award another party an agreement to complete the work under this Contract.
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4.19 Warranty. The CONTRACTOR agrees to perform all work under this Contract in accordance with the CITY'S 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 CONTRACTOR 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 provided under this Contract and in no way diminish any other rights that the CITY may have against the CONTRACTOR for faulty materials, equipment or work.

4.20 Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, each party shall be responsible for their own attorneys' fees, costs and necessary expenses. If any action 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 all attorneys' fees, costs and necessary disbursements arising out of the defense or 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.

4.21 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: City of Garden Grove
City Attorney
11222 Acacia Parkway
Garden Grove, California 92840

To CONTRACTOR: Harbor Pointe Air Conditioning & Control Systems, Inc.

Attention: Sammi D. Perez, CFO
720 South Richfield Road
Placentia, CA 92870

\ \ \ \

(Agreement Signature Block on Next Page)

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

Date:________________________ "CITY”

CITY OF GARDEN GROVE

By: __________________________
City Manager

ATTEST:

_____________________________
City Clerk

Date:_________________________
"CONTRACTOR"
Harbor Pointe Air Conditioning &
Control Systems, Inc.

Contractor's State Lic. No._________

Expiration Date: ________________

By: __________________________

Title: _________________________

Date: _________________________

Tax ID No. _____________________

DIR Registration No.______________

If CONTRACTOR is a corporation, a
Corporate Resolution and/or Corporate
Seal is required. If a partnership,
Statement of Partnership must be
submitted to the CITY.

APPROVED AS TO FORM:

_____________________________
Garden Grove City Attorney
138

ATTACHMENT “A”
IFB NO. S-1321

SCOPE OF WORK AND BID SPECIFICATIONS

Furnish All Labor, Material and Equipment for the removal and replacement/installation of four (4) rooftop
HVAC/packing units at Fire Station #81 located at 11301 Acacia Parkway, Garden Grove CA, per the Bid
Specifications

139
ATTACHMENT “A”
IFB S-1321

SCOPE OF WORK/BID SPECIFICATIONS
(PAGE 1 of 3)

Project Location : Fire Station #81 : 11301 Acacia Parkway, Garden Grove, CA 92840.

Time Frame to Complete the Job:

Fourteen (14) Working Days but this may be extended with prior approval in writing from the project manager only.

Contractor’s Responsibilities:

All contractors are responsible to attend the mandatory pre-bid meeting to verify the requirements for the job and to ask any questions to clarify the Scope of Work. The City will not be issuing any change orders for errors by the contractor.

Contractor must pull permits. There is no cost to the Contractor for the permits.

Replacement Units:

Unit 1 Make: Carrier Model# 48HJM004---641— Serial# 3002G30276 Unit 2 Make: Carrier Model# 48HJQ007---651— Serial# 1808G20418 Unit 3 Make: Carrier Model# 48HJM008---641-- Serial# 1902G40824 Unit 4 Make: Carrier Model# 48HJQ007---651— Serial# 3500G24109 New replacements must be the same or approved equal.

Alternate/Proposed Equals:

The bidder shall note in his submittal any and all “alternatives” or “proposed equals” that it proposes to use in lieu of any named or designated material, product or thing that is named in the specifications and followed by the words “or equal.” In the event there are “alternatives” or “proposed equals”, the bidder shall specifically itemize them in his bid under a heading entitled “Proposed Equals”. Failure to do so shall render the bidder’s bid non -responsive. In addition, if any “alternatives’ or “proposed equals” are proposed by the bidder, the bidder must submit a request for substitution of proposed equal to the City within ten (10) working days of the bid closing date. This request shall include any and all appropriate data substantiating

140
ATTACHMENT “A”
IFB S-1321

SCOPE OF WORK/BID SPECIFICATIONS
(PAGE 2 of 3)

that the proposed item is “equal” to the item listed in the specifications. Failure to submit said request within the required timeframe shall be cause for its immediate rejection by the City. The City shall review the bidder’s submission and shall render a decision no later than five (5) business days before the bid closing date. The

bidder shall be notified in writing of the City’s decision. The City reserves the right to reject any and all bids that do not meet the bid requirements and/or those bids submitted with “alternatives” or “proposed equals” that have not been previously approved by the City. All requests for substitution or proposed equals shall be submitted via email to [email protected]

License Requirement:

Provide proof of valid California State Contractors License required A, B, B2, or C20 license that is in good standing.

Prevailing Wages:

Prevailing wages are required for this project as def ined by Labor Code, section 1771. Per Labor Code, Section 1773.2, copies of the prevailing rate of per diem wages are on file with the City and will be made available to any interested party upon written request

Registration with the DIR (Department of Industrial Relations):

Provide proof of current registration with the Department of Industrial Relations along with Registration Numbers for the General Contractor and all Sub-Contractors listed.

Bidders must be registered with the DIR at the time their bid is submitted or the bid will not be accepted and considered non-responsive.

Scope of Work:
• Secure units electrically and lockout power systems.
• Remove electrical power source at disconnect.
• Disconnect system ducting connections and inspect insulation. • Free unit from platform; securing system control voltage wiring. • Remove defective units and dispose of properly.
• Rig and crane units on/off the rooftop.
• Balance, level and properly secure newly installed equipment.

141
ATTACHMENT “A”
IFB S-1321

SCOPE OF WORK/BID SPECIFICATIONS
(PAGE 3 of 3)
• Reconnect and modify as required the system’s supply air and return air ducting connections.
• Connect system line voltage wiring with four (4) new service disconnect switch and fuses.
• Connect system control voltage circuitry and test.
• Reconnect and modify as required system condensate drain piping securing drain lines to approved receptacle and test.
• Provide and install four (4) new gas whips.
• Reconnect natural gas piping and inspect for leaks.
• Provide and install new fresh air filters.
• Start, test, and check system operations.
• Record all system operating parameters on start-up file. • Equipment labeling.
• Review proper operational settings with occupants.
• Complete warranty start-up documents to ensure manufacturer’s warranty obligation.
• Provide full one-year parts and labor guarantee on new equipment. • Dispose of old units off site. Clean up and remove all job related trash and debris from the jobsite.

142
ATTACHMENT "B" (BID PROPOSAL) PAGE 1 OF 2
SECTION 2 - PROPOSAL
THE HONORABLE MAYOR AND Cn~Y COUNCIL

CITY OF GARDEN GROVE
11222 ACACIA PARKWAY
GARDEN GROVE, CALIFORNIA 92840
To: THE HONORABLE MAYOR AND CFTY COUNCIL
The undersigned having carefully examined the Plans and Specifications for:

Furnish All Labor, Material and Equipment for the removal and replacement/installation of four (4) rooftop HVAC/packing units at Fire Station #81 located at 11301 Acacia Pkwy, Garden Grove CA, HEREBY PROPOSE to finish all labor, materials, equipment and transportation, and do all the work required to complete work in accordance with the Plans and Specifications for the sum price of:

BID PRICING INFORMATION
TOTAL PRICE (including all taxes and fees) to Furnish All Labor, Material and Equipment for the removal and replacement/installation of four (4) rooftop HVAC/packing units at Fire Station #81 located at 11301 Acacia Pkwy, Garden Grove CA, per the bid specifications:
$ ^3.1^.^
Total Bid Amount in Written Words:
^\ \ VT-<L<. TV.CMJS.-wvA OV^-G IVv^f^rc/k &?A^l\ TW<.<- ^X^ /to J'\-,^t^T^
(In the event of an error, the written words will prevail) 34 143
ATTACHMENT "B" (BID PROPOSAL) PAGE 2 OF 2
It is understood and agreed that:
(a) No verbal agreement or conversation with any officer, agent, or employee of CITY, either before or after the execution of the Agreement, shall affect or modify any of the terms or obligations of this Proposal.
(b) CITY will not be responsible for any errors or omissions on the part of the undersigned in making up his bid, nor will bidders be released on account of errors. (c) The undersigned hereby certifies that this Proposal is genuine and is not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm, or corporation to refrain from bidding, and that the undersigned has not in any manner sought, by collusion, to secure for himself an advantage over any other bidder.
(d) The undersigned is licensed in accordance with the laws of the State of California.

Check below where appropriate:

D Partnership: That _ are partners, doing business
under the firm name of _, and that the co-
partnership makes the accompanying proposal.
0 ^)s^Corporation: That ^ '-/^I'llU.i \^>. Yi\^iL-^ of j\ (\<lPn^Y/-\irTc—— make the accompanying proposal. ^\\£ ft .-rlt heat iv\ -?<lv(;oT^^ <S>-<i<3^^u&i 1<^-- D Individual: That _ is the bidder and makes the
accompanying proposal.
^\!'ft£^AJc\^^ 1\\\^ Clc^nmcCA^.r CWnZt'i. <^'oY'^^^, ! ^c- Company Name ^-'
7 'LO .S cm i^ ^Lt\ T; ir-Ln ^i '^
Address
'\^\ ^\r^) ^A ^?-^0
City - State - Zip Code
c^7-;n/5-°n%
Telephone
1^^ £)ll^
California Contractors License Number
S&MuFBns
Beer's TfM a me (|(
-?/14/,^^4
A-uthcrl-izeci Signature / ^\ Date
35 144

SCHEDULE OF VALUES

PROJECT TITLE
INVITATION ft

CONTRACTOR
PACKAGE UNITS FOR FIRE STATION 81
S-1321
HARBOR POINTE AIR CONDITIONING & CONTROL SYSTEMS, INC.

LABOR

MATERIAL

SIEMENS CONTROLS

JOB BREAK DOWN
4 PACKAGE UNITS WITH OUTSIDE AIR HOODS AND ECONOMIZERS

DISCONNECTS & FUSES

MISCELLANEOUS ELCTRICAL

MISCELLANEOUS COPPER FIHINGS & SOLDER

GAS LINES

UNIT LABELS

EMS CONTROLS PACKAGE (SAFE OFF & REUSE OF EXISTING CONTROLLERS)

RUN NEW FLEX CONDUIT ON ROOF FROM CONTROL BOX TO UNIT

RECONNECTING OLD CONTROLLER

RECOMMISSIONING THE UNIT TO SEE IF THE CONTROLLER WORKS 20840.00
33378.00
1782.32
400.00
500.00

95.84 25.00
18200.00

DELIVERY & TRUCK CHARGE
CRANE

BID BOND

SALES TAX
TOTAL
950.00
2000.00
1875.00
3137.78
83183.94
145

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Teresa Pomeroy
Dept:

City Manager Dept: City Clerk
Date: 3/12/2024

Subject: Receive and file minutes from the meetings held on February 13, 2024, and February 16, 2024. (Action Item)

Attached are the minutes from the meetings held on February 13, 2024, and February 16, 2024, recommended to be received and filed as submitted or amended.

ATTACHMENT(S):

1. Minutes - February 13, 2024

2. Minutes - February 16, 2024

146

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MINUTES

GARDEN GROVE CITY COUNCIL

Regular Meeting

Tuesday, February 13, 2024

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

CONVENE MEETING

At 6:36 p.m., Mayor Pro Tem Tran convened the meeting.

ROLL CALL PRESENT: (6) Council Members Brietigam, O’Neill, Tran, DoVinh, Klopfenstein, Nguyen-Penaloza,
Mayor Pro Tem Tran

ABSENT: (1) Mayor Jones

INVOCATION

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

COMMUNITY SPOTLIGHT IN RECOGNITION OF NANCY CARUSO, FOUNDER OF GET

INSPIRED, FOR HER OCEAN CONSERVATION AND RESTORATION EFFORTS IN ORANGE COUNTY (F: 83.1-2024)

COMMUNITY SPOTLIGHT IN RECOGNITION OF THE GARDEN GROVE POLICE

DEPARTMENT SPECIAL RESOURCE TEAM FOR THEIR CONTINUED EFFORTS IN ADDRESSING HOMELESSNESS (F: 83.1-2024)

ORAL COMMUNICATIONS

Speakers: Claire Bischoff, Maryann Dallawar, Leeza Bondarchuk, Tiffany Lwin

RECESS

At 6:59 p.m., Mayor Pro Tem Tran recessed the meeting.

RECONVENE

At 7:02 p.m., Mayor Pro Tem Tran reconvened the meeting with Council Members Brietigam, O’Neill, DoVinh, Klopfenstein, Nguyen-Penaloza present. 147

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ADOPTION OF A PROCLAMATION CELEBRATING BLACK HISTORY MONTH IN GARDEN GROVE (F: 83.1-2024)

It was moved by Council Member Nguyen-Penaloza, seconded by Council Member Klopfenstein that:

A Proclamation be adopted celebrating Black History Month in Garden Grove.

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

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

Absent: (1) Jones

REJECTION OF BIDS RECEIVED FOR THE CDD-002 CIVIC CENTER REVITALIZATION PROJECT PLAN REVIEW/INSPECTIONS (F: 48.11)

It was moved by Council Member Nguyen-Penaloza, seconded by Council Member Klopfenstein that:

Bids received on Thursday, December 21, 2023, for the CDD-002 Civic Center Revitalization Project Plan Review/Inspections, be rejected.

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

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

Absent: (1) Jones

ADOPTION OF A RESOLUTION APPROVING THE RECOMMENDED SALARY ADJUSTMENTS RESULTING FROM THE PART-TIME EQUITY STUDY (F: 78.13)

It was moved by Council Member Nguyen-Penaloza, seconded by Council Member Klopfenstein that:

Resolution No. 9836-24 entitled: A Resolution of the City Council of the City of Garden Grove establishing wages and fringe benefits for part-time positions, be adopted;

Resolution No. 9837-24 entitled: A Resolution of the City Council of the City of Garden Grove, CA approving an amendment to the publicly available citywide salary and pay schedule effective May 11, 2024, as required by CalPers for Fiscal Year 2023-2024, be adopted;
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Resolution No. 9838-24 entitled: A Resolution of the City Council of the City of Garden Grove amending the Memorandum of Understanding on salaries, wages, and fringe benefits for the Term 2022-2025, as amended, by and between the Orange County Employee’s Association, Garden Grove Chapter and the City of Garden Grove, be adopted; and

The Human Resources Director be directed to revise the classification specification of Senior Recreation Specialist in accordance with the approved recommendations of the Part-time Equity Study.

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

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

Absent: (1) Jones

AUTHORIZATION FOR THE CALIFORNIA AUTOMATED PERMIT PROCESSING

PROGRAM (CALAPP) GRANT PROGRAM AGREEMENT AND APPROPRIATION OF FUNDS FOR PROGRAM IMPLEMENTATION; AND AWARD A CONTRACT TO SYMBIUM, LLC TO PROVIDE ONLINE AUTOMATED SOLAR PERMITTING SOFTWARE (F: 57.11) (F: 55-Symbium, LLC)

It was moved by Council Member Nguyen-Penaloza, seconded by Council Member Klopfenstein that:

Participation in the California Automated Permit Processing Program (CalAPP) grant program and agreement, be authorized;
A contract be awarded to Symbium, LLC, in the amount not to exceed $60,000 to provide online, automated solar permitting software;
Funds be appropriated in the amount of $80,000 for Fiscal Year 2023-24, (GL233- 212-1000, JLGT1407000); and
The City Manager, or her designees, be authorized to execute the contract, and to enter into additional amendments as needed, and make minor modifications as appropriate thereto, on behalf of the City.

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

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

Absent: (1) Jones

149

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RECEIVE AND FILE THE CURRENT ADOPTED MILITARY EQUIPMENT USE POLICY,

AND DIRECT STAFF TO MOVE FORWARD WITH AN AMENDMENT TO THE POLICY (F: 82.1A)

It was moved by Council Member Nguyen-Penaloza, seconded by Council Member Klopfenstein that:

The draft Military Equipment Use Policy, be received and filed; Staff be directed to post the draft Military Equipment use Policy on the Department’s website pending further consideration of the policy by the City Council; and Staff be directed to publish a public hearing notice to consider an ordinance adopting the draft Military Equipment Use Policy at least 30 days from the date of the February 13, 2024, City Council meeting.

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

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

Absent: (1) Jones
RECEIVE AND FILE MINUTES FROM THE MEETINGS HELD ON DECEMBER 12, 2023, DECEMBER 20, 2023, AND JANUARY 9, 2024 (F: Vault)
It was moved by Council Member Nguyen-Penaloza, seconded by Council Member Klopfenstein that:

The Minutes from the meetings held on December 12, 2023, December 20, 2023, and January 9, 2024

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

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

Absent: (1) Jones

WARRANTS
It was moved by Council Member Nguyen-Penaloza, seconded by Council Member Klopfenstein that:

Demands covered by EFT numbers 00034285 through 00034921 and check numbers 00185648 through 00185656 inclusive as listed and have been verified by 150

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the Finance Division as properly issued and bear all proper signatures, be received and filed;

Demands covered by wire numbers 00001857 through 00001900, EFT numbers 00043169 through 00043192, and check numbers 00690345 through 00690448 inclusive as listed and have been verified by the Finance Division as properly issued and bear all proper signatures, be received and filed; and

Demands covered by wire numbers 00001901 through 00001958, EFT numbers 00044425 through 00044449, and check numbers 00691056 through 00691111 inclusive as listed and have been verified by the Finance Division as properly issued and bear all proper signatures, be received and filed; and

Demands covered by EFT numbers 00044450 through 00045514, and check numbers 00691112 through 00691317 inclusive as listed and have been verified by the Finance Division as properly issued and bear all proper signatures, be received and filed; and

Demands covered by EFT numbers 00045515 through 00045538, and check numbers 00691318 through 00691383inclusive as listed and have been verified by the Finance Division as properly issued and bear all proper signatures, be received and filed; and

Demands covered by EFT numbers 00045539 through 00045593, and check numbers 00691384 through 00691571 inclusive as listed 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 6-0-1 vote as follows:

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

Absent: (1) Jones

APPROVAL TO WAIVE FULL READING OF ORDINANCES LISTED
It was moved by Council Member Nguyen-Penaloza, seconded by Council Member Klopfenstein that:

Full reading of ordinances listed be waived.

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

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

Absent: (1) Jones

PUBLIC HEARING – ADOPTION OF RESOLUTIONS FOR: APPROVAL OF A MITIGATED

NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, GENERAL PLAN AMENDMENT NO. GPA-001-2023, SITE PLAN NO. SP- 127-2023, AND TENTATIVE TRACT MAP NO. TT-19273 FOR A 30-UNIT RESIDENTIAL TOWNHOME PROJECT; AND THE INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVING ZONING AMENDMENT NO. A-036-2023 (F: 128.5A) (F: 20.GPA-001-2023)

(It was moved earlier in the meeting by Council Member Nguyen-Penaloza, seconded by Council Member Klopfenstein and approved unanimously that full reading of the ordinances listed be waived.)

Following the introduction and PowerPoint presentation, Mayor Pro Tem Tran declared the public hearing open.

Speakers: Chad Brown, Kyle.

With no further testimony from the audience, Mayor Pro Tem Tran closed the public hearing.

Following City Council discussion, it was moved by Council Member O’Neill, seconded by Council Member Klopfenstein that:

Resolution No. 9839-24 entitled: A Resolution of the City Council of the City of Garden Grove adopting a Mitigated Negative Declaration and an Associated Mitigation Monitoring and Reporting Program for the Brookhurst and Central Townhome Project (General Plan Amendment No. GPA-001-2023, Zoning Amendment No. A-036-2023, Site Plan No. SP-127-2023, and Tentative Tract Map No. TT-19273), be adopted;

Resolution No. 9840-24 entitled: A Resolution of the City Council of the City of Garden Grove approving General Plan Amendment No. GPA-001-2023 to amend the City of Garden Grove’s General Plan Land Use Map to modify the General Plan Land Use Designation of properties located at 13252 Brookhurst Street and 10052 Central Avenue and identified as Assessor’s Parcel Numbers 099-031-01, 099-031- 02, 099-031-08, and 099-031-09 from Light Commercial (LC) and Low Medium Density Residential (LMR) to Medium Density Residential (MDR), be adopted;

152

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Resolution No. 9841-24 entitled: A Resolution of the City Council of the City of Garden Grove contingently approving Site Plan No. SP-127-2023 and Tentative Tract Map No. TT-19273, for properties located at the southeast corner of Brookhurst Street and Central Avenue, at 13252 Brookhurst Street and 10052 Central Avenue (Assessor’s Parcel Nos. 099-031-01, 099-031-02, 099-031-08, and 099-031-09), be adopted; and

Ordinance No. 2952 entitled: An Ordinance of the City Council of the City of Garden Grove approving Zoning Amendment No. A-036-2023 to amend the City’s Official Zoning Map to change the zoning designation of properties located at 13252 Brookhurst Street and 10052 Central Avenue and identified as Assessor’s Parcel Nos. 099-031-01, 099-031-02, 099-031-08, and 099-031-09 from C-1 (Neighborhood Commercial) and R-2 (Limited Multiple Residential) to R-3 (Multiple-Family Residential), be passed to second reading.

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

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

Absent: (1) Jones

APPROVAL OF A COOPERATIVE AGREEMENT WITH THE CITY OF WESTMINSTER FOR

THE REHABILITATION OF GARDEN GROVE BOULEVARD, FROM BEACH BOULEVARD (EAST CITY LIMIT) TO EDWARDS STREET (F: 55-City of Westminster)

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

The Cooperative Agreement, in the amount of $290,128 including a ten percent contingency, with the City of Westminster for the rehabilitation of Garden Grove Boulevard from Beach Boulevard (East city limit) to Edwards Street, be approved; and
The City Manager be authorized to execute the Agreement, and make minor modifications as appropriate thereto on behalf of the City.

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

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

Absent: (1) Jones

153

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ADOPTION OF A RESOLUTION APPROVING PARTICIPATION OF THE CLEAN

CALIFORNIA LOCAL GRANT PROGRAM, AUTHORIZE APPROPRIATION OF FUNDS

FOR A LOCAL MATCH FOR THE PROGRAM, AND APPROVAL OF THE CALTRANS RESTRICTED GRANT AGREEMENT (F: 97.2.2024) (F: 55-Caltrans)

Following staff introduction and City Council discussion, it was moved by Council Member Brietigam, seconded by Council Member O’Neill that:

Resolution No. 9842-24 entitled: A Resolution of the City Council of the City of Garden Grove to accept clean California local grant funds in the amount of $441,000 and authorize agreements to implement the Clean California Program, be adopted;
Grant funds in the amount of $441,000, and required matching funds in the amount of $122,789 (GL: 242-715-1280, JL: GT1408000), be appropriated; The City Manager, or her designees, be authorized to execute vendor agreements and amendments for the purpose of this Project; and
The City Manager, or her designees, be authorized to execute the Restricted Grant Agreement, Amendments, and make minor modifications as appropriate thereto, on behalf of the City.

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

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

Absent: (1) Jones

APPROVAL OF AN AGREEMENT WITH AAA OIL CO. DBA CALIFORNIA FUELS AND

LUBRICANTS TO PROVIDE FUEL AND FUEL MANAGEMENT FOR CITY VEHICLES AND EQUIPMENT (F: 55-AAA Oil Company, dba California Fuels and Lubricants)

Following staff introduction and City Council comments, it was moved by Council Member Klopfenstein, seconded by Council Member DoVinh that:

Dispensing with bidding in the best interest of the City pursuant to Garden Grove Municipal Code 2.50.060(G), be authorized;
The City Manager be authorized to execute an Agreement by and between the City of Garden Grove and AAA Oil Company, in an amount of $1,000,000, including three additional option years for a total of $4,000,000, and to make minor modifications as appropriate thereto, on behalf of the City; and
154

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The Finance Director be authorized to issue a purchase order in the amount of $1,000,000 to AAA Oil Inc. dba California Fuels and Lubricants to provide fuel and fuel management for city vehicles.

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

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

Absent: (1) Jones

ADOPTION OF A RESOLUTION AUTHORIZING AN APPLICATION FOR OCTA

COMMUNITY-BASED TRANSIT/CIRCULATORS PROGRAM PROJECT V FUNDING (F: 36.11)

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

Resolution No. 9843-24 entitled: A Resolution of the City Council of the City of Garden Grove approving the submittal of Garden Grove Project V application to the Orange County Transportation Authority for funding under the Project V Community-Based Transit/Circulators Program, be adopted.

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

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

Absent: (1) Jones

SECOND READING AND ADOPTION OF ORDINANCE NO. 2951 (F: 122.1)

(It was moved earlier in the meeting by Council Member Nguyen-Penaloza, seconded by Council Member Klopfenstein and approved unanimously that full reading of the ordinances listed be waived.)

Following the reading of the title, it was moved by Council Member Brietigam, seconded by Council Member O’Neill that:

Ordinance No. 2951 entitled: An Ordinance of the City Council of the City of Garden Grove amending Section 2.56.030 of Chapter 2.56 of Title 2 of the Garden Grove Municipal Code pertaining to the composition and appointment of tenant commissioners to the Garden Grove Housing Authority be adopted.

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

155

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

Absent: (1) Jones

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

UPDATE ON THE CENTRAL CITIES NAVIGATION CENTER (CCNC) AS REQUESTED BY CITY MANAGER KIM INCLUDING: APPROVAL OF AMENDMENT NO. 2 TO THE

AGREEMENT WITH BORDERS ARCHITECTS FOR ARCHITECTURAL CONSULTING SERVICES AND APPROVAL OF AMENDMENT NO. 1 TO THE AGREEMENT WITH THOMCO CONSTRUCTION, INC. FOR CONSTRUCTION OF THE CENTRAL CITIES NAVIGATION CENTER PROJECT (F:117.15B) (F: 55-Borders Architects) (F: 55-Thomco Construction, Inc.)

Following staff introduction and update on the progress for the Central Cities Navigation Center, it was moved by Council Member Nguyen-Penaloza, seconded by Council Member Klopfenstein that:

Amendment No. 2 in the amount of $27,905.00 to the agreement with Borders Architects for architectural consulting services for the Central Cities Navigation Center Project (CCNC), be approved;

Amendment No. 1 in the amount of $260,000.00 to the agreement with Thomco Construction Inc. for unforeseen change orders for the Central Cities Navigation Center Project (CCNC), be approved;

The City Manager, or her designees, be authorized to execute Amendment No. 2 of the agreement with Borders Architects, approve additional amendment terms, and make minor modifications as appropriate thereto, on behalf of the City; and

The City Manager, or her designees, be authorized to execute Amendment No. 1 of the agreement with Thomco Construction Inc., approve additional amendment terms, and make minor modifications as appropriate thereto, on behalf of the City.

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

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

Absent: (1) Jones

156

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UPDATE ON THE STRAWBERRY ZEST STATUE ACCEPTANCE AND COMMISSIONING AS REQUESTED BY THE CITY COUNCIL (F: 122.65) (F: 130.15)

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

The Strawberry Zest statue be accepted upon completion of final construction, and direct staff to coordinate and complete installation of the statue at the previously approved location in front of Fire Station 84.

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

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

Absent: (1) Jones

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

Council Member Brietigam wished everyone a Happy Valentine’s Day and encouraged everyone to buy their significant others’ chocolates and cards.

Council Member O’Neill announced his 39th anniversary of his first date with his wife, and he wished her Happy Valentine’s Day. He encouraged everyone to check their smoke detectors for the battery life and, if needed, to get new ones as it can save your life. There are resources for those eligible for free smoke detectors installed, and that people can contact the Orange County Fire Authority for more information. He commented that he was honored to have recently been selected to Chair the Orange County Fire Authority Board of Directors, and that Garden Grove has the best OCFA Division Fire Chief, Craig Covey. He noted the immense benefits from having a highly rated and professional Fire Authority serving our community.

Council Member DoVinh wished everyone a Happy Tet New Year and noted that this is now the Year of the Dragon in the Lunar Cycle, which is a very auspicious sign.

Council Member Klopfenstein noted the implementation of SB 602 is in effect for Trespass Letters. Trespass Letters, authorizing enforcement of trespassing laws when a property owner, the owner’s agent or person in lawful possession of property is absent from the property, are now required to be notarized. As such, Council Member Klopfenstein has partnered with a Public Notary, the Garden Grove Chamber of Commerce, the Downtown Business Association, and the Garden Grove Neighborhood Association to host a signing event at Coastline Community College on Euclid Street on Thursday, February 29, 2024, between 8:00 a.m. to noon for those who would like to provide a Trespass Letter to the Garden Grove Police Department.
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Council Member Nguyen-Penaloza wished a member of the City’s Cable crew, Jeff Davis, a happy belated birthday. She attended Santiago High School’s Wellness Center Grand Opening, which is an amazing space for students to spend time and access resources for their mental health and well-being. She gave kudos to the Garden Grove Unified School District for prioritizing the mental health of the students. She is happy to have been able to participate in the numerous Lunar New Year celebrations along with her newborn daughter Penelope Luna. She noted that last year, students from Doig Intermediate introduced their ideas for a wall mural on Trask Avenue, and she called upon the City Manager to coordinate this effort before graffiti starts picking up in this area. She noted significant graffiti along Westminster Avenue at numerous locations, and stressed the importance on beautifying this area, notably where students are walking to and from school.

City Manager Kim announced the Economic Development & Housing Authority Department collaboration with the Fair Housing Foundation inviting tenants, landlords, managers, property owners, attorneys, realtors, and management companies to attend a free Garden Grove Fair Housing Workshop to learn about rights and responsibilities. Meetings will be held in February, March, and May in various locations throughout the city. Presentations will be available in multiple languages. The in-person meetings are scheduled for: Thursday, February 22 at 5:30 p.m., at the Buena Clinton Youth and Family Center, located at 12661 Sunswept Avenue; Friday, March 8 at 9:30 a.m., at the Magnolia Park Family Resource Center, located at 11402 Magnolia Street; Tuesday, March 12 at 9:30 a.m., at the Garden Grove Community Meeting Center A Room, located at 11300 Stanford Avenue; and Thursday, May 16 at 5:30 p.m., at the Buena Clinton Youth and Family Center, located at 12661 Sunswept Avenue. Topics to be discussed include information on new statewide laws, federal and state fair housing laws, security deposits, habitability, and more. Fair Housing Foundation is a HUD approved Housing Counseling Agency dedicated to promoting equal access to housing by educating about housing rights. For more information, visit www.ggcity.org/neighborhood-improvement.

Mayor Pro Tem Tran thanked the Public Works Department for working late into the evening taking care of a water main leak near her home. She praised Emergency Operation Coordinator, Linda Morin, and OCFA Division Fire Chief Covey on their emergency response presentation they provided during a delegation event. She thanked Kristy Thai for assisting the council members with scheduling media appearances and events. She recognized the Special Resource Team on the difficult work addressing the issues from the unhoused population, and noted the quick response from the team when they are called. She was invited to a Lunar New Year Event raising awareness of Foster Children and the need for adoptive parents. She wished all a Happy Valentine’s Day.

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ADJOURNMENT

At 8:49 p.m., Mayor Pro Tem Tran adjourned the meeting. The next Regular City Council Meeting is scheduled on Tuesday, February 27, 2024, at 5:30 p.m. at the Community Meeting Center, 11300 Stanford Avenue, Garden Grove, California.

Teresa Pomeroy
City Clerk
159

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MINUTES

GARDEN GROVE CITY COUNCIL

Special Study Session

Friday, February 16, 2024

Great Wolf Lodge
Pine Conference Room
12681 Harbor Boulevard, Garden Grove, California 92840

CONVENE MEETING

At 9:10 a.m., Mayor Jones convened the meeting.

ROLL CALL PRESENT: (6) Council Members O’Neill, Tran, DoVinh, Klopfenstein, Nguyen, Brietigam, Mayor
Jones

ABSENT: (1) Council Member DoVinh was absent at Roll
Call, but joined the meeting at 9:40 a.m.

ORAL COMMUNICATIONS

Speakers: None

OPENING COMMENTS AND WORKSHOP OVERVIEW

Mayor Jones and City Manager Lisa Kim provided a brief welcome and overview and introduced facilitator Jan Perkins with Baker Tilly – Management Partners. A PowerPoint was provided and workshop objectives and ground rules were introduced.

DISCUSSION ON GOVERNANCE PRINCIPLES AND TEAMWORK

Topics covered included the foundation that has been set for future City Council members and the transition to new members on the council; common issues raised by constituents are: Code Enforcement, commercial blight and graffiti, traffic, and homelessness.

REVIEW OF CITY COUNCIL PRIORITIES FROM MARCH 2023

The City Council priorities that were established in 2023 were identified in two tiers:

Tier one included: Homelessness, Public Safety, Infrastructure, and Economic 160

-2- 02/16/24
Development and support for local business. Tier two included Code Enforcement and the celebration of Garden Grove’s cultural diversity.

ESTABLISH CITY COUNCIL PRIORITIES FOR FISCAL YEAR 2024-25

Council priorities in Fiscal Year 2024-25 were consistent with those identified in 2023; and are primarily driven by the overall financial health of the City as a baseline for addressing those priorities.

Finance Director, Patricia Song, reviewed budgetary items; noting that the City’s forecast is positive.

Council Members identified specific interests that included: Increased engagement and partnerships with the Garden Grove Unified School District and other agencies to collaborate on overlapping concerns and needs; continuous improvement in quality services provided to the community; address infrastructure and unmet needs such as street lighting and sidewalks to bolster safety; support and focus on larger development projects that increase the City’s sustainability; support diversity through art and cultural events; and address Code Enforcement concerns throughout the City.

OVERVIEW OF CITY MANAGER VISIONING FOR THE ORGANIZATION

City Manager Kim’s key areas of focus for 2024 are: The organization’s culture and its employees that provides for continuity and succession planning; utilizing technology for efficiency, communication and transparency; maintaining financial sustainability and asset management by continuing to harvest opportunities for projects that enhance the City.

WRAP UP AND NEXT STEPS

Staying on track with the priorities that have been identified and to focus time and attention on the stated priorities and carefully evaluate the necessity of proposed new items; use the budget process to allocate resources for priorities; and provide status information on the priorities identified.

ADJOURNMENT

At 11:55 a.m., Mayor Jones adjourned the meeting.

Teresa Pomeroy
City Clerk
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City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Patricia Song
Dept:

City Manager Dept: Finance
Date: 3/12/2024

Subject: Receive and file warrants. (Action Item)

Attached are the warrants recommended to be received and filed.

ATTACHMENT(S):

1. Warrants

2. Warrants

3. Warrants

4. Warrants

5. Warrants

6. Warrants

7. Warrants

8. Warrants

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City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Amir El-Farra
Dept:

City Manager Dept: Police
Date: 3/12/2024

Subject: Introduce an ordinance approving an amendment to the Garden Grove Police Department Military Equipment Use Policy; and authorize the issuance of a purchase order for 22 Geissele Super Duty AR-15 rifles

Entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE APPROVING AN AMENDMENT TO ATTACHMENT 706.5 OF THE GARDEN

GROVE POLICE DEPARTMENT MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE 7071 (Action Item)

OBJECTIVE
To request Council approval of an ordinance approving an amendment to Attachment 706.5 of the Garden Grove Police Department Military Equipment Use Policy and the purchase of 22 Geissele Super Duty AR-15 rifles for use by the Department’s SWAT team.

BACKGROUND
Effective January 1, 2022, California Assembly Bill 481 added Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code. These provisions require law enforcement agencies to obtain the approval of their respective governing bodies, by adoption of a military equipment use policy (via ordinance), prior to use of any equipment defined by the Government Code as “military equipment.”

On June 14, 2022, the Council adopted Ordinance No. 2935 approving the Department’s initial Military Equipment Use Policy. On October 24, 2023, the Department provided Council with an annual Military Equipment Use report and a proposed revised Military Equipment Use Policy. On November 14, 2023, Council approved Ordinance No. 2944, which approved Department Policy 706.

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In adopting Ordinance No. 2944, the City Council, in part, approved the Department’s continued use of Sig Sauer MCX rifles. The Sig Sauer MCX rifles are used by the GGPD SWAT team. The Department has encountered various issues related to the design and capabilities of the Sig Sauer MCX rifles. The most significant challenges are related to their weight, length, gas blowback, and limitations in training use. As a result, the Department wishes to acquire new rifles which align better with the Department’s mission profile and tactics compared to the current Sig Sauer MCX platform. Throughout the research and testing phase, the Department’s objective has been to make a transition without incurring any out-of-pocket expenses. After careful evaluation, the Department has concluded that the Geissele Super Duty AR-15 is the most suitable choice for the Department’s needs, offering the best fit at an affordable price point. The acquisition of the new Geissele Super Duty AR-15 will eliminate the issues encountered with respect to the Sig Sauer MCX rifles, enhancing the team's operational effectiveness.

Before the Department acquires any new “military equipment,” it must first obtain approval from Council. Because acquisition of the Geissele Super Duty AR-15 rifles would occur prior to the City Council’s required annual “re-approval” of the Department’s Military Equipment Use Policy, the Department must obtain City Council authorization to replace the rifles currently in use with their proposed replacements.

At its meeting of February 13, 2024, the City Council approved the proposed revised Military Use Policy and authorized the Department to proceed with the replacement of the rifles.

DISCUSSION
Government Code section 7071(a)(1) provides that prior to acquiring any military equipment (as that term is defined by Government Code section 7070), the Department must obtain Council approval, via adoption of an ordinance, of a military equipment use policy. The process defined by section 7071 requires the Department to submit a proposed military equipment use policy to the City Council and to post that policy on the Department’s website for a period of at least 30 days prior to any public hearing by the City Council regarding the policy. Government Code section 7071(c) requires the City Council to consider any proposed military equipment use policy as an agenda item for an open session of a regular meeting and to provide for public comment regarding the policy. The same process applies to annual re-approval of the Department’s Military Use policy, as well as to any interim changes to the policy.

The revised policy that was presented by the Department and attached to this report is substantively identical to Policy 706 which was approved by Council on 268

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November 14, 2023, with its adoption of Ordinance No. 2944. The only change proposed is the removal of the Sig Sauer MCX rifles, and addition of Geissele Super Duty AR-15 rifles for use by the GGPD SWAT team.

FINANCIAL IMPACT
With respect to the acquisition of the rifles themselves, there will be minimal cost to the City. ProForce, a current vendor utilized by the Department, has agreed to purchase the old Sig Sauer MCX rifles along with additional non utilized SWAT gear, in return for the Geissele Super Duty AR-15.

RECOMMENDATION

It is recommended that the City Council:
 Introduce the ordinance amending the Garden Grove Police Department Military Equipment Use Policy; and
 Authorize the Finance Director to issue a purchase order for 22 Geissele Super Duty AR-015 rifles and exchange of the existing Sig Sauer MCX rifles and additional non- utilized SWAT gear.

ATTACHMENT(S):

1. GG Ordinance Amending the GGPD Military Equipment Use Policy Attachment 7065.2

2. GGPD Policy 706 - Military Equipment 2024 Update

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ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN
GROVE APPROVING AN AMENDMENT TO ATTACHMENT 706.5 OF

THE GARDEN GROVE POLICE DEPARTMENT MILITARY EQUIPMENT
USE POLICY PURSUANT TO GOVERNMENT CODE 7071.

City Attorney Summary

This Ordinance approves an amendment to Attachment
706.5 of the Garden Grove Police Department Military
Equipment Use Policy, which replaces the Police
Department’s Sig Sauer MCX rifles with Geissele Super
Duty AR- 15 rifles for use by the Department’s SWAT
team.

WHEREAS, the mission of the Garden Grove Police Department (Department) is to provide the highest quality police services to the communities it serves; and

WHEREAS, the Department values transparency and public input, and welcomes open dialogue about its practices and operations; and

WHEREAS, the preservation and sustainability of public safety, civil rights, and officer safety is paramount; and

WHEREAS, the Department responds to a wide variety of critical incidents, instances of civil unrest, and life and death situations, and operates in numerous unpredictable, dynamic environments; and

WHEREAS, a variety of equipment options is needed for safe and effective resolution of those situations; and

WHEREAS, each situation is evaluated by incident commanders or supervisors who, based on circumstances and Department directives, determine which equipment should be used; and

WHEREAS, the Department’s diverse catalogue of military equipment, as defined in state law, and associated training gives police officers the confidence and capability to deescalate volatile situations, enhance the safety of the public and officers, and bring critical incidents to a safe resolution; and

WHEREAS, from time to time, the Department may be asked to assist or need to be assisted by other law enforcement agencies, which may include use of military equipment, as defined in state law; and

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WHEREAS, partnerships with other law enforcement agencies are an integral part of maintaining the continuity of public safety within the region; and

WHEREAS, Assembly Bill 481 (AB 481) became effective on January 1, 2022; and

WHEREAS, AB 481 defines military equipment in Government Code section 7070(c) to include a wide range of equipment as described in the Department’s Military Equipment Policy 706; and

WHEREAS, AB 481 requires the Department to obtain the approval of the City Council by an ordinance adopting its Policy 706 prior to requesting military equipment from the federal government, seeking funds for military equipment, including grants and donations, acquiring military equipment, collaborating with another law enforcement agency in the use of military equipment in Garden Grove, using any new or existing military equipment in a manner not previously approved by the City Council, or entering into an agreement for funding, receipt, acquisition, use of, or collaboration in the use of military equipment; and

WHEREAS, to promote public safety, civil rights, and officer safet y, the Department desires to continue using, seeking funding for, acquiring, and collaborating, when necessary, with other law enforcement agencies, in the use of the military equipment described in its Policy 706; and

WHEREAS, on November 14, 2023 , the Council adopted Ordinance No. 2944 approving the Department’s Military Use Policy Policy 706; and

WHEREAS, the Department has requested an amendment to Attachment 706.5 (Military Equipment Inventory) of Policy 706 to replace its Sig Sauer MCX rifles with Geissele Super Duty AR-15 rifles for use by the Department’s SWAT team; and

WHEREAS, the Council has examined the Department’s Policy 706 and finds that the Police Department has submitted all information described in Government Code section 7070(d) and 7072(a) , enabling the City Council to make the findings in this ordinance; and

WHEREAS, pursuant to Government Code section 7071(d), the City Council finds that the military equipment described in Policy 706 and military equipment inventory is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and

WHEREAS, pursuant to Government Code section 7071(d), the City Council further finds that Policy 706 will safeguard the public’s welfare, safety, civil rights, and civil liberties; and

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WHEREAS, pursuant to Government Code section 7071(d), the City Council further finds that continued use of existing and revised military equipment and purchase of military equipment described in Policy 706 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and

WHEREAS, pursuant to Government Code section 7071(d), the City Council further finds that the Department will ensure use of existing military equipment described in Policy 706 will comply with the policy in the future; and

WHEREAS, the Department’s Policy 706 including Attachment 706.5 has been published on the Garden Grove Police Department’s internet website since February 8, 2024.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDEN GROVE HEREBY ORDAINS AS FOLLOWS:

SECTION 1: The foregoing recitals are hereby incorporated in full and adopted as the City Council’s findings pertaining to the Garden Grove Police Department’s Military Equipment Use Policy.

SECTION 2 : Based on the above recitals and findings, and the information provided to the City Council at the public meeting, the City Council determines that Policy No. 706 of the Garden Grove Police Department and revised Attachment 706.5 complies with standards for approval under Government Code section 7071:

1. The identified military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. Policy No. 706 will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3. The purchase and use of the identified military equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. All military equipment use prior to the adoption of Policy No. 706 complied with applicable Department policy in effect at that time, and adoption of Policy No. 706 and revised Attachment 706.5 will ensure future compliance.

SECTION 3 : Garden Grove Police Department Policy No. 706 and revised Attachment 706.5 pertaining to Military Equipment, establishing the Department’s Military Equipment Use Policy is hereby approved and adopted.

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SECTION 4: The City Council approves seeking funds for military equipment described in Policy No. 706 and revised Attachment 706.5, including grants and donations, acquiring military equipment described in Policy No. 706, collaborating as needed with another law enforcement agency in the deployment or use of military equipment in Garden Grove or Orange County , using existing military equipment as described in Policy No. 706 , and soliciting or entering into an agreement for funds, acquisition, use of, or collaboration for use of military equipment described in Policy No. 706.

SECTION 5: T hat this approval is not intended to and shall not supersede existing procedures to seek approval for the appropriation and expenditure of specific funds through the bi -annual budget process, or existing processes for the approval and execution of contracts, donations, and grants.

SECTION 6: T hat the City Council shall review this Ordinance annually and vote whether to renew the Ordinance, consistent with the requirements of state law.

SECTION 7: I f any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.

SECTION 8: T
he Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after adoption.

PASSED AND ADOPTED by the City Council this ____ day of ________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST:

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City Clerk

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Policy
706
Garden Grove Police Department
Policy Manual

Military Equipment

706.1 PURPOSE AND SCOPE

State
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481. These obligations include but are not limited to seeking approval on specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items.

706.1.1 DEFINITIONS

State
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department which, for the purposes of the Department, would be the Garden Grove City Council.

Military equipment – Any of a wide variety of items as defined by California Government Code § 7070, subsections (c)(1) through (c)(16).

Includes but is not limited to the following:

• Unmanned, remotely piloted, powered aerial or ground vehicles.

• Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

• High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

• Tracked armored vehicles that provide ballistic protection to their occupants.

• Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

• Weaponized aircraft, vessels, or vehicles of any kind.

• Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.

• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.

• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue service weapons and their ammunition.

• Any firearm or firearm accessory that is designed to launch explosive projectiles.

• Noise-flash diversionary devices and explosive breaching tools.

• Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
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• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).

• Kinetic energy weapons and munitions.

• Any other equipment as determined by a governing body or a state agency to require additional oversight.
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706.2 POLICY

State
It is the policy of the Garden Grove Police Department that members of this Department comply with the provisions of Government Code § 7071 with respect to military equipment.

706.3 MILITARY EQUIPMENT COORDINATOR

Best Practice
The Chief of Police should designate the Professional Standards Division Lieutenant to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:

(a) Acting as liaison to the Garden Grove City Council for matters related to the requirements of this policy.

(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, and any equipment the Department intends to acquire that requires approval by the Garden Grove City Council.

(d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Garden Grove Police Department (Government Code § 7071).

(e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the Department’s funding, acquisition, and use of equipment.

(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website (Government Code § 7072).

(g) Providing information on the Department website which details how m embers of the public can ask questions, raise concerns, or make comments regarding the military equipment policy, or any use of military equipment by members of the Department.

The military equipment coordinator is required to respond to questions, comments, and/or concerns as set forth in requirements of section 706.9 of this policy.

(h) Ensuring that any proposed and/or approved military equipment use policy is made available on the Department website for as long as the military equipment identified in the policy is available for use. (Government Code § 7071(d)(2))

706.4 MILITARY EQUIPMENT USE CONSIDERATIONS

T
he military equipment acquired and authorized by the Department is:
(a) Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(b) Reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

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706.5 MILITARY EQUIPMENT INVENTORY

State
The following constitutes an inventory of equipment owned and/or in the possession of the Garden Grove Police Department which is deemed to be military equipment as defined by this policy and state law:

See Attachment: 706.5 MILITARY EQUIPMENT INVENTORY

706.6 APPROVAL

State
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the City Council and is available on the Department website at least 30 days prior to any public hearing concerning the military equipment policy at issue (Government Code § 7071).

The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):

(a) Requesting military equipment made available pursuant to 10 USC § 2576a.

(b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department.

(e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.

(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.

(g) Acquiring military equipment through any means not provided above.

706.7 COORDINATION WITH OTHER JURISDICTIONS

State
Military equipment used by other jurisdictions that are providing mutual aid to this Department shall comply with their respective military equipment use policy in rendering mutual aid.

706.8 ANNUAL REPORT

State
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

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The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the D epartment website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.

Within 30 days of submitting and publicly releasing an annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

706.9 CITIZEN COMMENTS, QUESTIONS AND CONCERNS

State
(a) Complaints. Any complaint regarding the use of military equipment governed by this policy shall be processed in accordance with the Personnel Complaint Policy.

(b) Questions, Comments, and Concerns. The military equipment coordinator designated by the Chief of Police shall be required to include information on the Department’s website detailing how members of the public can submit questions, comments, or concerns regarding the military equipment use policy, or use of military equipment that is governed by this policy. This information shall include the military use coordinator’s email address and telephone number. The military equipment coordinator must respond, in writing when possible, to any question, comment, or concern raised by a member of the public within 10 days of receipt of the comment, question, or concern. When appropriate, the military equipment coordinator will forward any concern which rises to the level of a citizen complaint to the pr ofessional standards division for handling pursuant to the Personnel Complaint Policy. .

706.9 COMPLIANCE AND OVERSIGHT

State

(a) Compliance. All members of the Department are required to comply with this military use policy. Failure of any member to comply with this military use policy may subject that member to discipline as set forth in the Personnel Complaint Policy. . (b) Oversight. The City Council of the City of Garden Grove shall have oversight authority with respect to the provisions of this policy and its implementation.

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ATTACHMENT 706.5 TO GARDEN GROVE POLICE DEPARTMENT
POLICY 706

MILITARY EQUIPMENT INVENTORY
The following constitutes an inventory of equipment owned and/or in the possession of the Garden Grove Police Department which is deemed to be military equipment as defined by this policy and state law:

1. RESCUE VEHICLE
Commercially produced wheeled rescue personnel vehicle utilized for law enforcement purposes.

Current Inventory:

LENCO BEARCAT G2
Description: Rescue vehicle that seats 10- 12 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. The armored vehicle was purchased by the Department prior to January 1, 2022, and was delivered on April 6, 2022.

Quantity: 1
Purchase Price: $286,000.00
Purpose: To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.

Authorized Use: T he use of the rescue vehicle shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Rescue vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.

Expected Lifespan: 25 y ears.

Fiscal Impact: Annual fiscal impact cannot be determined at this time since the equipm ent has not been used by the Department for a sufficient amount of time to allow the Department to determine its operational costs . Since acquisition, there have been no outside maintenance costs associated with the vehicle and the only associated costs have been for fuel. The fiscal impact of this piece of equipment will be updated with the Department’s next annual review.

Training: A ll driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.
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Legal and Procedural Rules: It is the policy of the Department to utilize rescue vehicles only for official law enforcement purposes, and pursuant to State and Federal law.

2. MOBILE COMMAND POST VEHICLE (MCP)
A vehicle utilized as a mobile office that provides shelter, access to Department computer systems, and restroom facilities during extended events.

Current Inventory:

LDV MCP VEHICLE
Description: The MCP can also be utilized for SWAT/HNT, critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events. The vehicle is currently housed inside an enclosed structure on the property of the department’s Special Services building. The vehicle is the primary command and control platform for the Department’s SWAT team during training and SWAT operations.

Quantity: 1

Purchase Price: $571,791.00
Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disaster, or community event that is taking place.

Authorized Use: O nly officers trained in the deployment and operations in a manner consistent with Department policy and training are authorized to operate the MCP.

Furthermore, only officers who have completed the California State Class B Commercial driving school and become properly licensed will be allowed to drive the MCP. Situations in which the MCP is authorized for use would include, but not be limited to , critical incidents, emergencies, and natural disasters.

Expected Lifespan: T he MCP, has a 20-year lifespan on chassis and vehicle structure.

Fiscal Impact: There is no outside costs associated with annual maintenance since the city maintains and services the MCP.

Training: T he driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle throughout the city with an experienced driver.

Driver/operators shall also undergo California Department of Motor Vehicles commercial vehicle testing.

Legal and Procedural Rules: I
t is the policy of the Department to use the MCP only for official law enforcement purposes, and in accordance with California State law reg arding the operation of motor vehicles.
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3. RIFLES AND ASSOCIATED AMMUNITION

Firearm designed and intended to be fired from the shoulder and designed to use the energy in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

Current Inventory:

SIG SAUER M400 RIFLE
Description: lightweight, magazine-fed, gas-operated semi-automatic rifle. Caliber 223/5.56, 16-inch barrel.

Quantity: 120
Purchase Price: $1,344.00/firearm
SIG SAUER 716 DMR G2 .308 PRECISION RIFLE
Description: Semi-automatic precision rifle with an 18- inch barrel, chambered in .308 Winchester, with night force 5.5-22x50 power optic

Quantity: 4

Purchase price: $1,977/rifle, $1,936/scope; $3,913 total/system.

REMINGTON 700 LTR .308 PRECISION RIFLE
Description: Bolt-action precision rifle with an 18- inch barrel, chambered in .308 Winchester

Quantity: 2

Purchase Price: $820.00 each
GEISSELE SUPER DUTY AR-15 5.56 SBR RIFLE
Description: Semi-automatic rifle with an 11-inch barrel, chambered in 5.56.

Quantity: 22

Purchase Price: $1,381.25 each
WINCHESTER.223 REMINGTON 55GR SILVER TIP RIFLE ROUND
Description: .223 Remington caliber, Fragmenting Polymer Tip (FPT), 55 grain bullet weight, brass cartridge case material.

Quantity: 10,000
Purchase Price: $894.60/1,000 rounds
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WINCHESTER .223 REMINGTON 55GR FRANGIBLE RIFLE ROUND
Description: .223 Remington caliber, frangible, 55 grain bullet weight, brass cartridge case material.

Quantity: 5,000
Purchase Price: $894.60/1,000 rounds
WINCHESTER .223 REMINGTON 55GR. FULL METAL JACKET (FMJ) RIFLE ROUND Description: 5.56 MM caliber, Full Metal Jacket (FMJ), 55 grain bullet weight, brass cartridge case material.

Quantity: 14,000
Purchase Price: $436.60/1,000 rounds
HORNADY .308 WIN 168GR A-MAX TAP PRECISION RIFLE ROUND

Description: .308 caliber, Tactical Application Police precision rifle round, 168 grain bullet weight, used in designated marksmen rifles.

Quantity: 1,600(Current Inventory)

Purchase Price: $1,890.00 per box of 1,400
Purpose: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and if use is feasible.

Authorized Use: O nly officers who have received training with the specific firearm are authorized to use that rifle.

Expected Life Span: N o expiration date.

Fiscal Impact: Annual maintenance is approximately $50 for each rifle.

Training: Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification four times a year.

Legal and Procedural Rule: I
t is the policy of the Garden Grove Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

4. NOISE-FLASH DIVERSIONARY DEVICES
A device used to distract a potentially dangerous person or persons.

Current Inventory:
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DEFENSE TECHNOLOGY (DEFTEC), MODEL 8922 DIVERSONARY DEVICE Description: This is the standard noise flash diversionary device. It is non -bursting, non-fragmenting single use device that produces a 175db and 6-8 million candela of light output. It is ideal for distracting potentially dangerous suspects during assaults, hostage rescue, building/room entry or other high-risk arrest situations.

Quantity: 24

Purchase Price: $60.29 each
Purpose: A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high- risk arrest situati ons. To produce atmospheric overpressure and brilliant white light which, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

Authorized Use: D iversionary Devices shall only be used:

1. By officers who have been trained in their proper use.

2. In hostage and barricaded subject situations.

3. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.

4. During other high-risk situations where their use would enhance officer safety.

5. During training exercises.

Expected Lifespan: Until used.

Fiscal Impact: No annual maintenance.

Training: Prior to use, officers must attend diversionary device training that is conducted by POST certified instructors.

Legal and Procedural Rules: Use is established in the Garden Grove Police Department Special Weapons and Tactics Manual. It is the policy of the GGPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

5. DISTRACTION AND PAIN COMPLIANCE DEVICES
A device used to distract dangerous persons while deploying less lethal munitions.

Current Inventory:

DEFENSE TECHNOLOGY (DEFTEC), MODEL 1087 STINGER GRENADE Description: This is a hand- held, hand-thrown grenade and has an initial 1 second delayed fuse. Once the fuse is discharged at a low speed, the main charge detonates to produce a loud sound and bright flash of light, and the distribution of approximately 180 rubber pellets of .32 caliber size are expelled from the grenade, and the pellets can travel up to 50 ft. from the point of detonation.

Quantity: 96
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Purchase Price: $46.86 each

Purpose: To limit the escalation of conflict and decrease use of lethal force when feasible.

Situations for use of the less lethal weapon systems may include, but are not limited to:

1. Self-destructive, dangerous and/or combative individuals.

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.

Authorized Use: Stinger Grenade Devices shall only be used:

1. Self-destructive, dangerous and/or combative individuals.

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises.

Expected Lifespan: Until used.

Fiscal Impact: No annual maintenance.

Training: Prior to use, officers must attend diversionary device training that is conducted by POST certified instructors.

Legal and Procedural Rules: I t is the policy of the GGPD to utilize Stinger Grenades only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

6. EXPLOSIVE BREACHING TOOLS
Tools that are used to conduct an explosive breach.

Current Inventory:

KINETIC BREACHING TOOL (KBT) MODEL KIT-ATIKBT3-1000

Description: The KBT is a power actuated kinetic energy forced entry tool. It utilizes a crimped blank explosive charge which drives a captive steel impact plate directed at the breach point. The impact plate extends forward out of the clamshell shroud and impacts against the target with a high level of kinetic energy to defeat the entry point or fortification. The impact plate automatically retracts and is reset in the breaching device. The KBT uses semi -automatic cycling, allowing repeated strikes on hardened or multiple targets. The KBT’s intended use is for forced entry during high-risk operations with secure entry points and is designed to be operated by a single officer/tactical team member. The KBT weighs 28 lbs. dimensions are 35 in. x

9.9 in. X 9.3 in. and has an audible report of 115dB. The KBT utilizes a proprietary blank cartridge to deliver up to 850 foot pounds of kinetic energy through the steel 285
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ram. There is no projectile or explosive energy that leaves the device except for the force of the ram, which is permanently captured in the breaching device.

Quantity: 1

Purchase Price: $10,579.38
Purpose: To safely gain entry into a structure.

Authorized Use: Use of the KBT may only occur after the operator gains authorization by the Incident Commander, SWAT Commander in the field, SWAT team leader, SWAT assistant team leader, and/or during training exercises.

Expected Lifespan: K
inetic Breaching Tool (KBT) - 30 years. Blank cartridges – 5 years (preferably rotate rounds within 1 year).

Fiscal Impact: N o annual maintenance.

Training: All officers who use explosive breaching tools shall attend and successfully pass a certified course in the use of any breaching or explosive entry tool.

Legal and Procedural Rules: I t is the policy of the Garden Grove Police Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.

KBT3-1100 POWER CARTRIDGES
Description: .45 Caliber crimped blank explosive charge delivering up to 850 ft. /lb. of force through a hardened steel ram. Power Cartridges are used for the Kinetic Breaching Tool (KBT) Model KIT- ATIKBT3-1000. No projectile or explosive energy leaves the device except the force of the ram which is permanently captured in the KBT from an 8-slot cylindrical magazine.

Quantity: 98
Purchase Price: $4.56 each
Purpose: The immediate defeat of any locking mechanism.

Authorized Use: SWAT personnel only who have been trained in the use of the Kinetic Breaching Tool (KBT) Model KIT-ATIKBT3-1000.

Expected Life Span: 5 years, preferably rotate rounds within 1 year.

Fiscal Impact: Annual re-supply for training purposes and use during SWAT deployments $454.56 annually.

Training: A ll SWAT personnel who have attended and successfully passed a POST approved basic SWAT school are trained quarterly and receive additional training internally.

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Legal and Procedural Rules: It is the policy of the Garden Grove Police Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.

REMINGTON 870 BREACHING SHOTGUN
Description: The modified short barreled Remington 870 ballistic breaching shotgun is equipped with a serrated breaching standoff muzzle recoil reducer, rubber grip, plastic side saddle and tactical slinging system which fires a frangible ballistic breaching round. Depending on the constructed material of the door, operators of the Remington 870 Breaching Shotgun shall determine whether Tesar #1 Orange Cap 275 grain compressed copper frangible breaching round rated for solid wood doors, light steel, hinges and locks or Tesar #4 Yellow Cap 750 grain compressed copper frangible ballistic breaching round rated for heavy steel, hinges and locks will be used. Range of both Tesar #1 and Tesar #4 shall not exceed in excess of ½ mile.

The Remington 870 Breaching Shotgun shall only be used by SWAT operators trained in the use of the Remington 870 ballistic breaching shotgun, with a stand-off of 6” inches less. Effectiveness depends on the constructed material of the door whether wood or steel, locking mechanism, hinges and/or door’s frame.

Quantity: 8
Purchase Price: $409.73 each
Purpose: To safely gain entry into a structure and or/interior doors and the immediate defeat of any/all locking mechanisms.

Authorized Use: U se of the Remington 870 Breaching Shotgun may only occur after the operator gains authorization by the Incident Commander, SWAT Commander in the field, SWAT team leader, SWAT assistant team leader, and/or during training exercises.

Expected Lifespan: R emington 870 Breaching Shotgun- 25 years, Tesar #1 Orange Cap 275 grain compressed copper frangible ballistic breaching rounds - no listed expiration date.

Tesar #4 Yellow Cap 750 grain compressed copper frangible ballistic breaching rounds- no listed expiration date.

Fiscal Impact: A nnual maintenance is approximately $50 for each breaching shotgun.

Training: All SWAT personnel who have attended and successfully passed a POST approved basic SWAT school are training quarterly and receive additional training internally.

SWAT operators who utilize the Remington 870 Breaching Shotgun have completed an approved and certified course in the use of any breaching or explosive entry tool.

Legal and Procedural Rules: I t is the policy of the Garden Grove Police Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.

TESAR #1, ORANGE CAP 275 GRAIN COMPRESSED COPPER FRANGIBLE BALLISTIC

BREACHING ROUNDS
Description: Manufactured by Royal Arms, International the Tesar #1 Orange Cap 275 grain compressed copper frangible ballistic breaching round is used for the sole 287
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purpose of the immediate defeat of any/all door’s locki ng mechanisms or padlock hasps, minimizing the potential for ricochet or injury to any individual who operates with this frangible round. The frangible ballistic breaching round is rated for solid wood doors, light steel, hinges and locks.

Quantity: 140
Purchase Price: $4.50 each
Purpose: The immediate defeat of a door’s locking mechanism.

Authorized Use: SWAT personnel only who have been trained in the use of the Remington 870 Ballistic Breaching Shotgun.

Expected Life Span: N o listed expiration date.

Fiscal Impact: Annual re-supply for training purposes and use during SWAT deployments $300 yearly.

Training: A ll SWAT personnel who have attended and successfully passed a POST approved basic SWAT school are trained quarterly and receive additional training internally.

SWAT operators who utilize the Tesar #1 frangible ballistic breaching round shall have completed an approved and certified course in the use of any breaching or explosive entry tool.

Legal and Procedural Rules: I t is the policy of the Garden Grove Police Department to utilize breaching tools/rounds only for official law enforcement purposes, and pursuant to State and Federal law.

TESAR #4, YELLOW CAP 750 GRAIN COMPRESSED COPPER FRANGIBLE BALLISTIC

BREACHING ROUNDS
Description: Manufactured by Royal Arms, International the Tesar #4 Yellow Cap 750 grain compressed copper frangible ballistic breaching round is used for the sole purpose of the immediate defeat of any/all door’s locking mechanisms or padlock hasps, minimizing the potential for ricochet or injury to any individual who operates with this frangible round. The frangible ballistic breaching round is rated for heavy steel, hinges and locks.

Quantity: 20
Purchase Price: $397.50
Purpose: The immediate defeat of a door’s locking mechanism.

Authorized Use: SWAT personnel only who have been trained in the use of the Remington 870 Ballistic Breaching Shotgun.

Expected Life Span: N o listed expiration date.
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Fiscal Impact: Annual re-supply for training purposes and use during SWAT deployments $300 yearly.

Training: All SWAT personnel who have attended and successfully passed a POST approved basic SWAT school are trained quarterly and receive additional training internally.

SWAT operators who utilize the Tesar #4 frangible ballistic breaching round shall have completed an approved and certified course in the use of any breaching or explosive entry tool.

7. CHEMICAL AGENTS AND SMOKE CANISTERS
Canisters/Munitions containing chemical agents that are released when deployed.

Current Inventory:

COMBINE SYSTEMS (CTS), CS BAFFLED CANISTER GRENADE
Description: The design of the CS Baffled Canister Grenade allows the contents to burn within an internally baffled can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver 25 grams of agent during its 20-40 seconds burn time. The device is launchable. Part Number 5230B.

Quantity: 81
Purchase Price: $31.25 each

DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE
Description: The design of the Tri- Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver 20 grams of agent during its 20-30 seconds burn time. The device is not launchable. Part Number 1032.

Quantity: 8
Purchase Price: $35.72 each

DEFENSE TECHNOLOGY SPEDE-HEAT CS GRENADE
Description: The Spede -Heat CS Grenade is a high volume, continuous burn munition. It expels a CS payload of 81.2 grams in approximately 20-40 seconds.

The CS is discharged through four gas ports on top of the canister, three gas ports on the side, and one gas port on the bottom. The device is launchable. Part Number 1072.
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Quantity: 11
Purchase Price: $36.71 each

DEFENSE TECHNOLOGY RIOT CONTROL CONTINUOUS DISCHARGE GRENADE, OC Description: The Riot Control OC Grenade is designed specifically for outdoor use in crowd control situations with a high -volume continuous burn that expels its payload in approximately 20- 40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd.

The volume of smoke and agent is vast and obtrusive. This launchable grenade is

6.0 in. by 2.6 in. and hold approximately 25g of OC chemical agent. Part Number:
1056.

Quantity: 5
Purchase Price: $44.76 each

DEFENSE TECHNOLOGY POCKET TACTICAL GRENADE, CS
Description: The Pocket Tactical CS Grenade is small, and lightweight. The 25.2g of CS chemical agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical grenade. Part Number 1016.

Quantity: 3
Purchase Price: $22.38 each
DEFENSE TECHNOLOGY 40MM CS FERRET LIQUID BARRICADE PENETRATING

PROJECTILE ROUND
Description: The 40MM CS Ferret Liquid munition is a frangible projectile filled with chemical agent. It is designed to deliver chemical agents in barricade situations from a 40mm launcher. Spin stabilization from barrel rifling affords maximum stand -off distance and accuracy for safety. The munition is non-burning and suitable for indoor use. It is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers 6.9 grams of chemical payload inside of a structure or vehicle. The active CS agent i nstantaneously discharges on impact. Part Number 2262.

Quantity: 18
Purchase Price: $26.90 each
DEFENSE TECHNOLOGY OC AEROSOL GRENADE 1.3% FOGGER, 6oz
Description: The 1 oz. / 6 oz. OC Aerosol Grenade will deliver its payload of 1/3% MC% OC in 15-20 seconds. This is an anatomized mist which enhances the pungent 290
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1.3% OC formulation. Ideal for area denial areas like attics, garages, etc. This device has minimum clean up. The canister may also be handheld to direct the spray pattern.

This product is desi gned to provide room clearing ability with minimum clear up requirements. Part number 56854.

Quantity: 4
Purchase Price: $21.90 each

DEFENSE TECHNOLOGY MILITARY-STYLE BLACK SMOKE GRENADE
Description: The Maximum Smoke Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 30- 40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to reroute a crowd. The volume of smoke is fast and obtrusive. This launchable colored smoke grenade is 6 x 2.35 inches and holds approximately 2.9 ounces of active agent. Part number 1062.

Quantity: 1
Purchase Price: $45.33 each

DEFENSE TECHNOLOGY MILITARY-STYLE SAF-SMOKE GRENADE
Description: The Saf -Smoke Grenade was designed for training, but may also be used in operations. The Saf-Smoke Grenade offer the same approximate burn times as the Spede-Heat Grenade in CN or CS and the Riot Control Grenade in CN or CS.

The similar burn times make it the appropriate choice for training or simulation deployment of chemical agent canisters. The Saf -Smoke formulation is considered to be less toxic than Hexachloroethane (HC) smoke. The Saf-Smoke Grenade emits a very white smoke. Part number 1063.

Quantity: 1
Purchase Price: $32.30 each
DEFENSE TECHNOLOGY SKAT SHELL 40MM MULTIPLE PROJECTILE ROUND, CS Description: The Skat Shell 40mm CS multiple chemical projectile round is designed to deliver multiple CS canisters from a 40mm launcher. It is designed for outdoor use and has a fire -producing capability and has a maximum effective range of 80- 100 yards. It is widely used as a crowd management tool for the rapid and broad deployment of a chemical agent by a single grenadier. The S kat Shell contains four separate sub-munitions and provides a wide area of coverage. Part number 6172.

Quantity: 97
Purchase Price: $30.12 each
CTS LC5 CHEMICAL AGENT LAUNCHING CUPS
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Description: The chemical agent launching cup is affixed to the barrel end of a Remington 870 shotgun and fastened onto the barrel by a metal band and hand- tightened screw. The launching cup is utilized to hold launchable OC, CS, and smoke munitions to effectively launch them from a safe distance into the designated target area.

Quantity: 4
Purchase Price: $278.82 each

VULCAN MUNITIONS POLE
Description: The Vulcan Munitions Pole is utilized to safely deploy munitions into doors, windows, and openings of buildings and vehicles to introduce OC, CS, smoke, and diversionary devices to distract, disrupt, or incapacitate subjects barricaded in structures or vehicles. The Vulcan Munitions pole weights less than 9 pounds and is capable of extending from less than 8 feet in length to 13 feet in length.

Quantity: 2
Purchase Price: $2,412.62 each

CUSTOM METAL CONCEPTS BURN SAFE
Description: The Burn Safe is a double walled container constructed of aluminum. It is designed to contain the flames inside the inner chamber thereby reducing the probability of starting a fire. The Burn Safe weighs approximately 8 pounds and is hand-deployed by officers. The weight allows the user to successfully penetrate windows, screens, and glass doors. The Burn Safe allows the introduction of significant amounts of pyrotechnic chemical agent into the target, w hich increases the probability of a successful resolution.

Quantity: 2
Purchase Price: $1,812.00 each

CUSTOM METAL CONCEPTS GAS RAM
Description: The Gas Ram is a multi-use tool that can be utilized for forced entry as a door ram or be deployed as a pyrotec hnic Chemical Agent delivery system. The Gas Ram is equipped with a 12 inch or 24 inch metal probe capable of penetrating walls, doors, sheet metal siding and into vehicles. Inserting the longer 24 inch probe allows use through roofs and dead air spaces. Both probes are effective in delivering significant amounts of pyrotechnic chemical agents with a minimal probability of starting fires.

Quantity: 1
Purchase Price: $1,500.00
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DEFENSE TECHNOLOGY, 12 -GUAGE MUZZLE BANG/LAUNCHING CARTRIDGE ROUND

Description: The 1210 12-Gauge Muzzle Bang/Launching Cartridge incorporates an opaque shell and utilizes black powder as the propellant. It has the ability to be used alone as a Muzzle Bang for crowd management or for propelling grenades when equipped with and using a Department authorized launching cup. Part number 1210.

Quantity: 60

Purchase Price: $7.13 each
Purpose: T o cause a suspect discomfort and/or deny him/her access to certain areas of a structure, vehicle, or area to aid in bringing an event to a successful conclusion. Situations for use of chemical agents may include but are not limited to:
a. To reduce violence, minimize property damage, and protect the public. b. To disperse individuals during riots or incidents of civil disobedience. c. To incapacitate a suspect who is endangering life or property. d. To apprehend suspects who refuse to submit to arrest.

Authorized Use: SWAT personnel who have been trained in the use of chemical agents.

Excepted Life Span: Refer to manufacturer’s specifications sheet for each munitions. Life span of most munitions is 5 years from date of manufacturer.

Fiscal Impact: N o annual maintenance. Munitions must be replaced per manufacturer recommendations.

Training: S worn members utilizing chemical agents are trained in there use by POST certified chemical agent instructors.

Legal and Procedural Rules: A uthorized use is established under the Use of Force Policy. It is the policy of the GGPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

8. PEPPERBALL LAUNCHER AND ASSOCIATED MUNITIONS
A device that discharges irritant projectiles.

Current Inventory:

TIPPMANN PEPPERBALL GUN
Description: A compressed- air powered launcher designed to fire non- lethal PepperBall projectiles.

Quantity: 7
Purchase Price: $316.79 each
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PEPPERBALL LIVE-X PROJECTILE
Description: The Live Projectile contains a concentrated amount of PAVA pepper powder. One round of LIVE -X contains the equivalent to 10 PepperBall rounds.

Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS.

The projectile has a direct impact of 60 ft. and an area of saturation of 150+ft. The projectile contains 5% PAVA Powder.

Quantity: 2,400
Purchase Price: $928.00/case of 375 projectiles
Purpose: To limit the escalation of conflict and decrease use of lethal force when feasible .

Situations for use of the less lethal weapon systems may include but are not limited to:
a. Self-destructive, dangerous and/or combative individuals. b. Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.

9. 40 MM LAUNCHER AND ASSOCIATED MUNITIONS
40MM Launchers are utilized by department personnel as a less lethal tool to launch impact rounds.

Current Inventory:

DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER
Description: The 40MM Single Launcher is a tactical single shot launcher. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40mm less lethal round up to 131 feet.

Quantity: 5
Purchase Price: $888.70 each
DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE
Description: A less lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose built 40mm grenade launcher with a rifled barrel at 325 FPS. The 30-gram foam projectile delivers 120 foot pounds of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target.

Quantity: 290
Purchase Price: $20.61 each
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Purpose: To limit the escalation of conflict and decrease use of lethal force when feasible.

Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:
a. Self-destructive, dangerous and/or combative individuals. b. Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.

Training: Sworn members utilizing 40mm less lethal chemical agents or impact rounds are trained in there use by POST certified less lethal and chemical agent instructors.

Expected Life Span: D efense Technology Launchers - 25 years, Rounds - 5 years.

Fiscal Impact: Annual maintenance is approximately $50 for each launcher.

Legal and Procedural Rules: Authorized use is established under the Use of Force Policy. It is the policy of the Garden Grove Police Department to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

10. LESS LETHAL SHOTGUN AND ASSOCIATED MUNITIONS
Device used to deploy the less lethal 12-gauge Super-Sock Beanbag Round.

Current Inventory:

REMINGTON 870 LESS LETHAL SHOTGUN
Description: The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of de-escalation.

Quantity: 65
Purchase Price: $395.75 each
DRAG STABILIZED 12-GAUGE BEANBAG ROUND
Description: A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). Drag Stabilized rounds are discharged from a dedicated 12- gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Drag Stabilized Model is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to “unfold” or “stabilize.” The Drag Stabilized Model is an aerodynamic projectile. However, accuracy is relative to the 295
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shotgun, barrel length, environmental conditions, and the operator. The Drag Stabilized Model is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.

Quantity: 420
Purchase Price: $6.47each
Purpose: To limit the escalation of conflict and decrease use of lethal force when feasible.

Expected Life Span: Remington 870 Less Lethal Shotgun - 25 years, Drag Stabilized 12- gauge beanbag round and Winchester slug rifle rounds - no listed expiration date.

Fiscal I mpact: Annual maintenance is approximately $50 for each shotgun.

Training: All officers are trained in the 12 -gauge less lethal shotgun as a less lethal option by in -service training. SWAT personnel receive additional training internally when they transfer to the unit. SWAT operators who utilize these munitions successfully completed a POST approved gas school and/or trained in house by POST certified chemical agent instructors for muzzle blast training.

Legal and Procedural Rules: A
uthorized use is established under the Use of Force Policy. It is the policy of the Garden Grove Police Department to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

11. WINCHESTER SEGMENTED SLUG RIFLED ROUNDS

Description: Winchester 12-gauge 2.75-inch segmented shotgun rifles slugs features full bore rifling, so they will have improved accuracy and sectional density when fired out of a smooth bored shotgun. The round segments upon impact as to not over penetrate barriers.

Quantity: 3,500

Purchase Price: $746.00/1,000 round
Purpose: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and if use is feasible. This is a standard issued patrol duty round.
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Authorized Use: All sworn officers who have graduated from a POST Academy are authorized to use this ammunition.

Expected Life Span: N o expiration date.

Fiscal Impact: Annual training with qualification is approximately $947.05.

Training: Officers must be certified by POST instructors (standard POST Academy trained) in the operation of the shotgun. Additionally, all members that operate any shotgun are required to pass a range qualification one time a year.

Legal and Procedural Rule: I t is the policy of the Garden Grove Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

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City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: William E. Murray
Dept:

City Manager Dept: Public Works
Date: 3/12/2024

Subject: Authorize the issuance of a purchase order to National Auto Fleet Group for two (2) new Public Works Department trucks. (Cost: $306,984.66) (Action Item)

OBJECTIVE
To secure City Council authorization to purchase two (2) new Public Works Department trucks from National Auto Fleet Group through the Sourcewell competitive bid program, Contract #091521-NAF.

BACKGROUND
The Public Works Department has one (1) truck that currently meets the City’s guidelines for replacement and one (1) truck that is a fleet addition for the Animal Care Services Division. Both vehicles were approved through the FY 23 -24 budget process. The vehicle being replaced is a 2008 Ford F -550 truck with 87,200 miles, VIN# 1FDAF56Y08EC96063.

DISCUSSION
Experience has shown that the City’s buying power is enhanced through joining with other public agencies to purchase fleet vehicles and equipment. Sourcewell nationally solicits, evaluates and awards contracts through a competitive bid process. As a member of Sourcewell, the City is able to utilize bid awards for equipment purchases. Staff recommends piggybacking on the results of a recent Sourcewell competitive bid program, Contract #091521 -NAF. The results deemed National Auto Fleet Group as the lowest responsive bid.

National Auto Fleet Group
Two (2) Ford F-250 Super Cabs $153,492.33* each
(Animal Care Services)

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* This price includes all applicable tax and destination charges.

FINANCIAL IMPACT
The total cost for the purchase of these two (2) Public Works Department trucks is $306,984.66. Funding is included in the fiscal year 2023 -24 adopted Fleet Management internal service fund budget. There is no impact to the General Fund. The surplus equipment will be sold at public auction, and proceeds will go to the Fleet Management internal service fund.

RECOMMENDATION

It is recommended that the City Council:
 Authorize the Finance Director to issue a purchase order in the amount of $306,984.66 to National Auto Fleet Group for the purchase of two (2) new Public Works Department trucks.

By: Steve Sudduth, Equipment Maintenance Supervisor

ATTACHMENT(S):

1. Nation Auto Fleet Group Quote

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City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: William E. Murray
Dept:

City Manager Dept: Public Works
Date: 3/12/2024

Subject: Award a contract to International Line Builders, Inc. for Traffic Signal Modifications at Garden Grove Blvd./Nelson St.-Century Blvd. and Garden Grove Blvd./Newland St. (City Projects: CP-1345000 and CP-1346000). (Cost:
$983,817) (Action Item)

OBJECTIVE
For City Council to award a contract to International Line Builders, Inc., (DBA ILB Electric) for Traffic Signal Modifications at Garden Grove Blvd./Nelson St. -Century Blvd. and Garden Grove Blvd./Newland St. (City Projects: CP -1345000 and CP - 1346000).

BACKGROUND
In September of 2022, staff applied for and received state grants for two (2) Highway Safety Improvement Program (HSIP) projects. Project No. CP-1345000 consists of modifying the existing traffic signal at Garden Grove Blvd./Nelson St.-Century Blvd. and Project No. CP -1346000 consists of modifying the existing traffic signal at Garden Grove Blvd./Newland St. Both projects involve installing new signal equipment, poles, cabinets, conduits and cables. As part of the improvements, protective left-turn phasing will be provided for eastbound and westbound traffic on Garden Grove Blvd at both intersections. In addition, roadway striping will be modified and handicap ramps will be constructed to meet ADA requirements for both projects. A Request for Bids was released on August 9, 2023. The City received only two (2) bids with the lowest bid received at 47 percent higher than the Engineer’s Estimate. The Engineering Division rejected all bids on September 12, 2023 and a subsequent Request for Bids was released on January 17, 2024.

DISCUSSION
Staff solicited bids for this project pursuant to Municipal Code Section 2.50.100. Four (4) qualified bids were received and opened in the City Clerk's office at 11:00 a.m. 312

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on February 21, 2024. The lowest qualified bidder is International Line Builders, Inc., with a total bid of $983,817. This bid is within the current project budget. The licenses and references of the contractor have been reviewed and verified by staff, and found to be in order. This contract will comply with the City’s Community Workforce Agreement (CWA).

The anticipated contract schedule is as follows:

Award contract March 12, 2024
Begin construction (estimated) April 8, 2024
Complete construction (estimated) September 8, 2024

FINANCIAL IMPACT
There is no financial impact to the General Fund. This improvement is included in the Capital Improvement budget and is funded by the City’s red light camera program and HSIP state funds. A total of $757,350 of HSIP state funds has been programmed for reimbursement for the construction of the two (2) projects.

RECOMMENDATION

It is recommended that the City Council:
 Award a Contract to International Line Builders, Inc. (dba ILB Electric) in the amount of $983,817 for Traffic Signal Modifications at Garden Grove Blvd./Nelson St. -Century Blvd. and Garden Grove Blvd./Newland St. (City Projects: CP-1345000 and CP-1346000); and
 Authorize the City Manager to execute the agreement and make minor modifications as appropriate thereto, on behalf of the City.

By: Ken Vu, Associate Engineer

ATTACHMENT(S):

1. Agreement

2. Bid Summary

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C O N S T R U C T I O N A G R E E M E N T

THIS AGREEMENT is made this day of by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY"), and International Line Builders, Inc. dba ILB Electric hereinafter referred to as ("CONTRACTOR").

RECITALS:

The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to Garden Grove City Council Authorization dated .

2.CITY desires to utilize the services of CONTRACTOR to furnish mat erial, equipment, and labor for the Traffic Signal Modifications at Garden Grove Blvd./Nelson St. -Century Blvd. and Garden Grove Blvd./Newland St. (City Project No. CP-1345000 and CP-1346000).

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 mentioned 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 Engineer, without whose decision CONTRACTOR shall not adjust said discrepancy save only at CONTRACTOR'S own risk and expense. The decision of the Engineer shall be final.

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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 Contract 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: Traffic Signal Modifications at Garden Grove Blvd./Nelson St.-Century Blvd. and Garden Grove Blvd./Newland St. (City Project No. CP- 1345000 and CP-1346000).

5.4 Plans and Specifications . The work to be done is shown in a set of detailed Plans and Specifications entitled: Traffic Signal Modifications at Garden Grove Blvd./Nelson St.-Century Blvd. and Garden Grove Blvd./Newland St. (City Project No. CP- 1345000 and CP -1346000). 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 the CITY, which are also incorporated herein and referred to by, reference.

5.5 Time of Commencement and Completion. CONTRACTOR shall have ten (10) working days from the award of the Contract to execute the Contract and supply the CITY with all the documents and information required by the Instructions to Bidders and the other 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 the other properly drafted and executed documents and information, it may issue a Notice to Proceed to the CONTRACTOR.

If CONTRACTOR refuses or fails to provide the required documents and information within the ten (10) city working days, the CITY may then rescind the award of the Contract and then award the Contract to the next lowest responsive and responsible bidder.

The Contract time shall commence on the fifteenth (15 th) calendar day following the Notice to Proceed issued by the City and the CONTRACTOR agrees to submit shop drawings within fourteen (14) calendar days. The working day clock for both projects starts on the same day, fifteen calendar days after the Notice to Proceed is issued. T he CONTRACTOR shall diligently prosecute the work within eighty (80) working days to completion as required per the plans and specifications 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. 315
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Contractor shall have fourteen (14) calendar days from the award of the Contract to execute the Contract and supply CITY with all of the documents and information r equired by the Instruction to Bidders and the other 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 the 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 fourteen (14) calendar days, the CITY may then rescind the award of the Contract and then award the Contract to the next lowest responsible and responsive bidder.

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, subcontractors and 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 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 bee n 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 dete rmined in accordance with SPECIAL PROVISIONS and Section 3 -3 of the Standard 316
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Specifications for Public Works Construction L atest 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 al l 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 Contra ct, 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. CONTRACTO R’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 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 317
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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.

5.9.3 Except as provided in this Section 5.9, no order, statement or conduc t of the CITY or its representatives shall be treated 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 a bove 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 ther e from 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 therefore 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. T he parties therefore agree that CONTRACTOR will pay to CITY the sum of One Thousand Dollars ($1, 000.00) per day for each and every calendar day during which completion of the project has not been completed within eighty (80) working day 318
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period. CONTRACTOR agrees to pay such liquidated 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 nine hundred eighty three thousand eight hundred seventee n Dollars and zero Cents ($983,817.00) as itemized in the bid proposal.

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 30 days after the recordation of the Notice of Completion.

Payments shall be made on demands drawn in the manner required by l aw, 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 California Public Works Contract Code § 22300, the CONTRACTOR will be entitled to post approved securities with the CITY or an approved financial institut ion 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 Project, CONTRACTOR shall file with the CITY’S Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all sub contractors 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 Sto p 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 CONTRACTOR shall comply with all applicable requirements of Division 2, Part 7, Chapter 1 of the California Labor Code and all applicable federal requirements respecting the payment of prevailing w ages. If there is a difference 319
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between the minimum wage rates predetermined by the Secretary of Labor and the prevailing wage rates determined by the Director of the Department of Industrial Relations (DIR) for similar classifications of labor, the CONTRACTOR and its Sucontractors shall pay not less than the higher wage rate. The DIR will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal Wage determinations.

Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the CONTRACTOR and Subcontractors, the CONTRACTOR an d its Subcontractors shall pay not less than the Federal Minimum wage rate which most closely approximates the duties of the employees in question."

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 prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California.

5.14.3 Apprentices. 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 ; provided, however, that this requirement shall not apply if and/or to the extent that the Contract of the general CONTRACTOR, or the con tracts of specialty contractors not bidding for work through a general or prime contractor involve less than thirty thousand dollars ($30,000.00).

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 execution 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 320
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day and week, and the actual per diem wages 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 avail able 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 a ll of 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 labors, every two weeks to the Engineer. Certified payroll and cancelled checks submittals are due one month after start of construction and every two weeks 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 com ply. Work shall be ceased in an orderly, safe fashion with all vehicle access restored. 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 1725.5. T his 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).

5.14.7 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, prior to entering into performance of this Agreement, furnish a performance bond, on the CITY's bond form in the amount of one hundred percent (100%) of the Contract price, to guarantee the faithful performance of the work, and a payment bond, on the CITY's form in the amount of one hundred percent (100%) of the Contract price, to guarantee payment of all claims for labor and materials furnished. Bonds submitted on any form other than the CITY's form will be rejected. The required bonds shall be from a surety licensed to do business in the State of California and with a current A.M. Best's 321
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rating of A -, VII. This Contract shall not become effective until such bonds are supplied and approved by the CITY."

5.16 Insurance.

5.16.1 COMMENCEMENT OF WORK . CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and appr oved by the CITY. All insurance required by this Agreement shall contain a statement of obligation on the part of the carrier to notify the city of any material change, cancellation, or termination at least thirty (30) days in advance. A waiver of subrogation shall be provided by the insurer for each policy waiving subrogation against CITY, its officers, officials, employees, agents, and volunteers 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, Claims made and modified occurrence policies shall not be accepted for any policy. All Subcontractors shall be required to provide and maintain the same insurances as required of CONTRACTOR under this cont ract. CONTRACTOR shall be required to collect and maintain all required insurances from all Subcontractors.

5.16.2 CONTRACTOR is 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.

5.16.3 CONTRACTOR and all Subcontractors shall carry workers' compensat ion insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the CITY, its officers, officials, employees, agents, and volunteers 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 issue a waiver of subrogation.

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

Additional Insured Endorsements, ongoing and products -completed operations, for the Commercial General Liability policy , including mobile equipment and not excluding XCU. Endorsements shall designate CITY, its officers, offi cials, employees, agents, and volunteers 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. (Form CG 20 26 07 04 & Form CG 20 37 07 04 or equivalent) ( Claims made and modified occurrence policies are not acceptable; Insurance companies must be 322
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acceptable to CITY and have a minimum A.M. Best Guide rating of A -, class VII or better, as approved by CITY).

An Additional Insured Endorsement for an Automobile Liability policy and shall designate CITY, its officers, officials, employees, agents, and volunteers 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 the CITY. ( Form CA 20 48 02 9 9 or equivalent) ( Claims made and modified occurrence policies are not acceptable; Insurance companies must be acceptable to CITY and have a minimum A.M. Best Guide rating of A -, class VII or better, as approved by CITY).

A Loss Payee Endorsement for the Course of Construction policy designating the City of Garden Grove as Loss Payee. ( Claims made and modified occurrence policies are not acceptable; Insurance companies must be acceptable to CITY and have a minimum A.M. Best Guide rating of A-, class VII or better, as approved by CITY).

In the event any of CONTRACTOR’S underlying policies do not meet policy limits as required here in, CONTRACTOR shall provide the schedule of underlying polices for a follows form excess liability policy, state that the exc ess policy follows form on the insurance certificate, and an additional insured endorsement for the excess liability policy designating CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom pe rmits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, as additional insureds. ( Claims made and modified occurrence policies are not acceptable; Insurance companies must be acceptable to CITY and have a min imum A.M. Best Guide rating of A -, class VII or better, as approved by CITY).

For any claims related to this Project, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, agents, and volunteers 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, employees, agents, and volunteers 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.

5.16.5 Before CONTRACTOR performs any work at, or prepares or delivers materials to, the site of construction, CONTRACTOR shall furnish:
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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 respe ct 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 a nd 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

Not less than $1,000,000 per
accident for bodily injury or disease.

Commercial General Liability
(including on-going operations, products
- completed operations, and mobile
equipment, and not excluding XCU)

Not less than $5,000,000 per
occurrence for bodily injury,
personal injury and property
damage.

Automobile Liability, for all automobiles
including non-owned and hired vehicles

Not less than $2,000,000 combined
single limit for bodily injury and
property damage.

Follows Form Excess Liability

Required for any underlying policy
that does not meet the underlying
policy limits required herein.

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

CITY or its representatives shall at all times have the right to inspect and receive a certified copy of all said policies of insurance, including certificates and endorsements at CONTRACTORS sole cost and expense. CONTRACTOR shall pay the premiums on the insurance hereinabove required.

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, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their directors, Officers, 324
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Agents and Employees harmless against any and all liability, claims, judgment s, 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 arising through the sole negligence or sole 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 o r 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 b y 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 CITY’s 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 oth er 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 CONTRACTOR fails to make adjustments, repairs, corrections or other work made necessary by such defects, the CITY may do so and 325
SECTION 7 - SPECIAL PROVISIONS (Continued)
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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 i mplied 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. Notwithstanding the foregoing, if any action 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.

Public Works Department
Attention: Ken Vu
11222 Acacia Parkway
Garden Grove, CA 92840
(714) 741-5184
(714) 741-5578 Fax

[SIGNATURES ON NEXT PAGE]

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SECTION 7 - SPECIAL PROVISIONS (Continued)
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IN WITNESS THEREOF, these parties have executed this Construction Agreement on the day and year shown below.

Date: "CITY"

CITY OF GARDEN GROVE

By:

Lisa L. Kim
City Manager
ATTEST:

City Clerk

Date:
"CONTRACTOR"

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

By:

Title:

Date:

APPROVED AS TO FORM:

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

Date___________________________

327

CITY OF GARDEN GROVE

PUBLIC WORKS DEPARTMENT
Engineering Division

BID SUMMARY SHEET

FOR

Traffic Signal Modifications at Garden Grove Blvd./Nelson St.-Century Blvd. and Garden Grove Blvd./Newland St.
(City Projects: CP-1345000 and CP-1346000)

BID OPENING: DATE: February 21, 2024 TIME: 11:00 A.M.

ENGINEER’S ESTIMATE: $950,000.00

Bidder’s Name

Total Bid
%
Under/Over
Engrs. Est
1 International Line Builders, Inc., Corona CA $983,817.00 3.6% over 2 Baker Electric and Renewables, LLC., Escondido CA $1,071,000.00 12.7% over 3 Elecnor Belco Electric, Inc., Chino CA $1,117,888.00 17.7% over 4 Crosstown Electrical & Data, Inc., Irwindale CA $1,184,857.00 24.7% over

328

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: William E. Murray
Dept:

City Manager Dept: Public Works
Date: 3/12/2024

Subject: Award a contract to Comet Electric, Inc., for Project No. CP-1344023, Traffic Signal Modifications at Various Locations FY 23-24. (Cost: $1,385,087) (Action Item)

OBJECTIVE
For City Council to award a contract to Comet Electric, Inc. for construction of Project No. CP-1344023, Traffic Signal Modifications at Various Locations FY 23-24.

BACKGROUND
Approved under the FY 2023-24 Capital Improvement Plan, the Project consisted of traffic signal modifications at Magnolia Street/Lampson Street, Brookhurst Street/Hazard Avenue, Garden Grove Boulevard/Galway Street, and Trask Avenue/Newhope Street. The scope of work involves installing new signal equipment, poles, cabinets, conduits, cables and vehicle video detection. Protective- permissive left-turn phasing will be provided for eastbound and westbound traffic on Lampson Avenue at Magnolia Street. In addition, all existing signal poles located on the center median islands at Brookhurst Street/Hazard Avenue and Garden Grove Boulevard/Galway Street will be eliminated. These poles are vulnerable to damages from vehicular collisions and required to be replaced on a regular basis. As part of the improvements, striping will be modified and curb ramps will be constructed to meet ADA requirements. The only signal modification at Trask Avenue/Newhope Street involves installing new traffic signal cabinet.

An initial Request for Bid was advertised on August 9, 2023. The City received only one bid, which was 20 percent over Engineer’s estimate, resulting in a rejection of all bids on September 12, 2023. A subsequent Request for Bid was released on January 17, 2024.

DISCUSSION
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Page 2 of 2 ends

Staff solicited bids for this project pursuant to Municipal Code Section 2.50.100. Five (5) qualified bids were received by the City Clerk's office. The bids were opened at 10:00 a.m. on February 21, 2024. The lowest qualified bidder is Comet Electric, with a total bid of $1,385,087. This bid is within the current project budget. The licenses, references and all other documentation of the contractor have been reviewed and verified by staff, and found to be in order. This contract will comply with the City’s Community Workforce Agreement (CWA).

The anticipated contract schedule is as follows:

Award contract March 12, 2024
Begin construction (estimated) April 8, 2024
Complete construction (estimated) September 8, 2024

FINANCIAL IMPACT
The contract cost for Project No. CP-1344023, Traffic Signal Modifications at Various Locations is $1,385,087. The project is included in the adopted fiscal year 2023 - 24 Capital Improvement Plan budget and is funded by the City’s red light camera program. There is no financial impact to the General Fund.

RECOMMENDATION

It is recommended that the City Council:
 Award a Contract to Comet Electric, Inc., in the amount of $1,385,087, for construction of Project No. CP-1344023, Traffic Signal Modifications at Various Locations FY 23-24; and
 Authorize the City Manager to execute the agreement and make minor modifications as appropriate thereto, on behalf of the City.

By: Ken Vu, Associate Engineer

ATTACHMENT(S):

1. Agreement

2. Bid Summary

330

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C O N S T R U C T I O N A G R E E M E N T

THIS AGREEMENT is made this day of by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY"), and Comet Electric, Inc. hereinafter referred to as ("CONTRACTOR").

RECITALS:

The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to Garden Grove City Council Authorization dated .

2.CITY desires to utilize the services of CONTRACTOR to furnish material, equipment, and labor fo r the Traffic Signal Modifications at Magnolia St./Lampson Ave., Brookhurst St./Hazard Ave., Garden Grove Blvd./Galway St., Trask Ave./Newhope St. & Street Light Removals at Garden Grove Blvd./Casa Linda Ln. and Garden Grove Blvd./Gilbert St. (City Project No. CP-1344023).

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, Sp ecial 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 cover ed by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discre pancy in the Plans or Specifications, the matter shall be immediately submitted to CITY’S Engineer, without whose decision CONTRACTOR shall not adjust said discrepancy save only at CONTRACTOR'S own risk and expense. The decision of the Engineer shall be final.
331

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In the event of the f ailure or refusal of the surety to satisfy said claims, CITY may settle them directly and deduct the amount of payments from the Contract 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: Traffic Signal Modificat ions at Various Locations (City Project No. CP-1344023).

5.4 Plans and Specifications . The work to be done is shown in a set of detailed Plans and Specifications entitled: Traffic Signal Modifications at Various Locations FY 23-24 (City Project No. CP-1344023). 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 Provis ions, Standard Specifications and Standard Plans of the CITY, which are also incorporated herein and referred to by, reference.

The Contract time shall commence on the fifteenth (15 th) calendar day following the Notice to Proceed issued by the City and the CONTRACTOR agrees to submit shop drawings within fourteen (14) calendar days. The working day clock for both projects starts on the same day, fifteen calendar days after the Notice to Proceed is issued. T he CONTRACTOR shall dil igently prosecute the work within eighty (80) working days to completion as required per the plans and specifications 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. 332

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Contractor shall have fourteen (14) 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 Instruction to Bidders and the other 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 the 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 fourteen (14) calendar days, the CITY may then rescind the award of the Contract and then award the Contract to the next lowest responsible and responsive bidder.

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, subcontractors and of the CITY, in a manner that will facilitat e 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 de lay 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 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 unfor eseen 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 reques t 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 333

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Specifications for Public Works Construction L atest 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.

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 belie ves 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 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, circ umstances 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 su bmit the notice, which includes the written request for equitable adjustment 334

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5.9.3 Except as provided in this Section 5.9, no order, statement or conduct of the CITY or its representatives shall be treated as a ch ange 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.

CONTRACTOR’S failure to submit the notice of a claim, within the requi red 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 there from is authorized in writing by the CITY. Under no conditi on 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 therefore 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, p lus 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 One Thousand Three Hundred Dollars ($1,300.00) per day for each and every calendar day during which completion of the project has not been completed within eighty (80) 335

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working day period. CONTRACTOR agrees to pay such liquidated 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 one million three hundred eighty five thousand eighty seven Dollars and zero Cents ($1,385,087.00) as itemized in the bid proposal.

Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by t he 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 California Public Works 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 af ter the contract completion date of the Project, CONTRACTOR shall file with the CITY’S Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all sub contractors 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 Stop Notices which have been filed under the pr ovisions 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

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between the m inimum wage rates predetermined by the Secretary of Labor and the prevailing wage rates determined by the Director of the Department of Industrial Relations (DIR) for similar classifications of labor, the CONTRACTOR and its Sucontractors shall pay not less than the higher wage rate. The DIR will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal Wage determinations.

Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the CONTRACTOR and Subcontractors, the CONTRACTOR and its Subcontractors shall pay not less than the Federal Minimum wage rate which most closely approximates the duties of the employees in question."

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 prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the w ork provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California.

5.14.3 Apprentices. 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 ; provided, however, that this requirement shall not apply if and/or to the extent that the Contract of the general CONTRACTOR, or the contracts of specialty contractors not bidding for work through a general or prime contractor involve less than thirty thousand dollars ($30,000.00).

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 execution 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 worke r employed by CONTRACTOR in connection with the Project.

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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 of the provisions of Labor Code Section 1 776, 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 labors, every two weeks to the Engineer. Certified payro ll and cancelled checks submittals are due one month after start of construction and every two weeks thereafter. If the certified payroll and cancelled checks are not submitted, the CONTRACTOR will be notified that compliance is required within five (5) w orking 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 with all vehicle access restored. 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 1725.5. This Agreement shall not be effective until CONTRACTOR provides proof of registration to the CITY.

5.15 Surety Bonds. CONTRACTOR shall, prior to entering into performance of this Agreement, furnish a performance bond, on the CITY's bond form in the amount of one hundred percent (100%) of the Contrac t price, to guarantee the faithful performance of the work, and a payment bond, on the CITY's form in the amount of one hundred percent (100%) of the Contract price, to guarantee payment of all claims for labor and materials furnished. Bonds submitted on any form other than the CITY's form will be rejected. The required bonds shall be from a surety licensed to do business in the State of California and with a current A.M. Best's 338

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rating of A -, VII. This Contract shall not become effective until such bonds are supplied and approved by the CITY."

5.16 Insurance.

5.16.1 COMMENCEMENT OF WORK . CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a statement of obligation on the part of the carrier to notify the city of any material change, cancellation, or termination at least thirty (30) days in advance. A waiver of subrogation shall be provided by the insurer for each policy waiving subrogation against CITY, its officers, officials, employees, agents, and volunteers 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, Claims made and modified occurrence policies shall not be accepted for any policy. All Subcontractors shall be required to provide and maintain the same insurances as required of CONTRACTOR under this contract. CONTRACTOR shall be required to collect and maintain all required insurances from all Subcontractors.

5.16.3 CONTRACTOR and all Subcontractors shall carry workers' compensation insurance for the protection of its empl oyees during the progress of the work. The insurer shall waive its rights of subrogation against the CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their di rectors, officers, agents, and employees, as determined by the CITY, and shall issue a waiver of subrogation.

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

Additional In sured Endorsements, ongoing and products -completed operations, for the Commercial General Liability policy , including mobile equipment and not excluding XCU. Endorsements shall designate CITY, its officers, officials, employees, agents, and volunteers 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 t he CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY. (Form CG 20 26 07 04 & Form CG 20 37 07 04 or equivalent) ( Claims made and modified occurrence policies are not acceptable; Insurance companies must be 339

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acceptable to CITY and have a minimum A.M. Best Guide rating of A -, class VII or better, as approved by CITY).

An Additional Insured Endorsement for an Automobile Liability policy and shall designate CITY , its officers, officials, employees, agents, and volunteers 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 automobile s 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 the CITY. ( Form CA 20 48 02 99 or equivalent) ( Claims made and modified o ccurrence policies are not acceptable; Insurance companies must be acceptable to CITY and have a minimum A.M. Best Guide rating of A -, class VII or better, as approved by CITY).

In the event any of CONTRACTOR’S underlying policies do not meet policy limits as required here in, CONTRACTOR shall provide the schedule of underlying polices for a follows form excess liability policy, state that the excess policy follows form on the insurance cer tificate, and an additional insured endorsement for the excess liability policy designating CITY, its officers, officials, employees, agents, and volunteers 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. ( Claims made and modified occurrence policies are not acceptable; Insurance companies must be acceptable to CITY and have a minimum A.M. Best Guide rating of A -, class VII or better, as approved by CITY).

5.16.5 Before CONTRACTOR performs any work at, or prepares or delivers materials to, the site of construction, CONTRACTOR shall furnish:
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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 subscr ibe 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 V II or better (claims made and modified occurrence policies are not acceptable):

Workers’ Compensation As required by the State of
California.

Employer’s Liability

Not less than $1,000,000 per
accident for bodily injury or disease.

Commercial General Liability
(including on-going operations, products
- completed operations, and mobile
equipment, and not excluding XCU)

Not less than $5,000,000 per
occurrence for bodily injury,
personal injury and property
damage.

Automobile Liability, for all automobiles
including non-owned and hired vehicles

Not less than $2,000,000 combined
single limit for bodily injury and
property damage.

Follows Form Excess Liability

Required for any underlying policy
that does not meet the underlying
policy limits required herein.

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

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Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands aris ing 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 arising through the sole negligence or sole 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.

5.18.2 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 adjust ed 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 d irects 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 CITY’s designs, drawings and specifications.

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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, eac h shall bear its own attorneys' fees, costs and necessary disbursements. Notwithstanding the foregoing, if any action 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.

TO CITY: TO CONTRACTOR:

City of Garden Grove.

Public Works Department
Attention: Ken Vu
11222 Acacia Parkway
Garden Grove, CA 92840
(714) 741-5184
(714) 741-5578 Fax

[SIGNATURES ON NEXT PAGE]

343

-14-

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

Date: "CITY"

CITY OF GARDEN GROVE

By:

Lisa L. Kim
City Manager
ATTEST:

City Clerk

Date:
"CONTRACTOR"

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

By:

Title:

Date:

APPROVED AS TO FORM:

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

Date___________________________

344

CITY OF GARDEN GROVE

PUBLIC WORKS DEPARTMENT
Engineering Division

BID SUMMARY SHEET

FOR

TRAFFIC SIGNAL MODIFICATIONS
AT VARIOUS LOCATIONS FY 23-24
PROJECT NO. CP-1344023

BID OPENING: DATE: February 21, 2024 TIME: 10:00 A.M.

ENGINEER’S ESTIMATE: $ 1,400,000.00

Bidder’s Name

Total Bid
%
Under/Over
Engrs. Est
1 Comet Electric, Chatsworth CA $1,385,087.00 1.1% under 2 Elecnor Belco Electric, Inc., Chino CA $1,386,888.00 0.9% under 3 International Line Builders, Inc., Corona CA $1,543,583.00 10.3% over 4 Baker Electric and Renewables, LLC., Escondido CA $1,621,561.00 15.8% over 5 Crosstown Electrical & Data, Inc., Irwindale CA $1,787,868.00 27.7% over

345

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Ursula Luna-Reynosa
Dept:

City Manager Dept: Economic Development and
Housing
Date: 3/12/2024

Subject: Award a contract to bkm Office Environments to procure and install Furniture, Fixtures, and Equipment (FF&E) for the Central Cities Navigation Center Project No. CP1350000-1. (Cost: $425,089.34) (Action Item)

OBJECTIVE

For the City Council to award a contract to bkm Office Environments to procure and install Furniture, Fixtures, and Equipment (FF&E) for the Central Cities Navigation Center Project No. CP1350000-1.

BACKGROUND
Over the past three years and furthering implementation of the City’s 2021 Comprehensive Strategic Plan to Address Homelessness (CSPAH), a number of key homelessness initiatives have been deployed in the City of Garden Grove including the service extension for the Be Well Mobile Respon se Team, the launch of the CalOptima Health Street Medicine Program, the construction of the Caltrans Fencing Improvement Project, and the construction of the CCNC which is approaching 80% completion. A final milestone for the Project is the procurement o f all necessary FF&E to achieve full operation.

DISCUSSION
On January 17, 2024, the City released on PlanetBids a formal RFP to solicit interest from experienced firms to provide FF&E procurement, coordination, storage, and installation services for the Project. On January 25, staff hosted a non -mandatory bid walk-through as an opportunity for potential bidders to observe the job site. bkm office environments was the sole proposer to attend the bid walk-through.

On February 7, 2024, three (3) proposers submitted formal responses to the RFP. A comprehensive selection panel consisting of three (3) City staff rated the proposals 346

Page 2 of 3 ends

on the basis of: understanding of project scope, experience, assigned staff’s qualifications, familiarity with State and Federal procedures, proposal format and organization, and oral interviews.

Based on the evaluation results, bkm office environments was ranked first with the highest score. The following table presents the summary of the ratings.

Raters
Tangram Interiors bkm office
environments
The Office
Furniture Solutions
1 61 85 68
2 65 95 75
3 78 82 76
Total average 68 87.3 73

bkm Office Environments is a Ventura County-based, woman-owned company whose key personnel have over 16 years of experience in the FF&E industry. Their service portfolio includes a wide selection of offerings, such as on -site and internal project management, equipment services and procurement, installation, and reconfiguration, which allows them the flexibility to make timely floor plan modifications if necessary. bkm Office Environments has extensive prior experience, including projects similar to the CCNC su ch as the City of Santa Clarita Newhall Community Center and the Housing Facilities for the Southern California Health and Rehabilitation Program.

Due diligence has been performed with bkm Office Environments to confirm positive results: excellent customer service, prompt response to alternatives for expediting project schedule, ability to leverage manufactures with high -quality and strong warranty materials, and ability to ensure smooth material delivery, storage and installation.

FINANCIAL IMPACT
There is no fiscal impact on the General Fund. Funding for the Project’s FF&E is included in the Central Cities Navigation Center’s construction budget, and no additional appropriation is necessary.

RECOMMENDATION

It is recommended that the City Council:
 Award a contract to bkm Office Environments for FF&E services for the Central Cities Navigation Center in an amount not-to-exceed $425,089.34; and 347

Page 3 of 3 ends

 Authorize the City Manager, or designee(s), to execute the agreement, approve additional amendments as necessary, and make minor modifications as appropriate thereto, on behalf of the City.

ATTACHMENT(S):

1. Draft Agreement

348
1 PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made on the _______ of ____________, 2024, by the CITY OF GARDEN GROVE , a municipal corporation, ("CITY") and BKM OFFICE ENVIRONMENTS herein after referred to as “CONTRACTOR”

RECITALS

The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to Garden Grove Council Resolution No. 9212-14 (January 28, 2014).

2. CITY desires to utilize the services of CONTRACTOR to provide Furniture, Fixtures, and Equipment ( FF&E) procurement, coordination, storage, and installation services for the Central Cities Navigation Center, City Project No. CP1350000-1P.

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

AGREEMENT

THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Term and Termination The term of the agreement shall be effective as of the date first set forth above. This Agreement shall commence upon the effective date of this Agreement, and shall be completed with in ten (10) working days unless otherwise terminated prior to this date pursuant to the provisions of this Agreement.

2. Services to be Provided . The services to be performed by CONTRACTOR shall consist of tasks, including but not limited to the Scope of Work Summary listed in Exhibit “A”, and is incorporated herein by reference. The Exhibit and this Agreement do not guarantee any specific amount of work.

3. Compensation. CONTRACTOR shall be compensated as follows:

3.1 AMOUNT. Total Compensation under this agreement shall not exceed (NTE) the amount of Four Hundred Twenty Five Thousand Eighty Nine Dollars and 34/100 cents ($425,089.34), payable in arrears and in accordance with the Itemized Fee Schedule in Exhibit “B”.

3.2 Payment. For work under t his Agreement, payment shall be made in accordance with the Scope of Work Summary in Exhibit “A” and invoice for the services completed in accordance with the performance dates listed on the invoice. Within 45 day of delivery of goods or completion of performance of services, CONTRACTOR must promptly render an 349

2 invoice to CITY to include an itemized list of performance tasks with performance dates of the tasks listed or payment may be significantly delayed. For extra work not a part of this Agreement, a writ ten authorization by CITY will be required, and payment shall be based on Itemized Fee Schedule in Exhibit “B”.

3.3 Records of Expenses. CONTRACTOR shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to CITY.

3.4 Termination. CITY and CONTRACTOR shall have the right to terminate this agreement, without cause, by giving thirty (30) days written notice of termination. If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed.

4. Insurance requirements.

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

4.2 WORKERS COMPENSATION INSURANCE. During the duration of this Agreement, CONTRACTOR and all sub -CONTRACTORs shall maintain Workers Compensation Insurance in the amount an d type required by law, if applicable.

4.3 INSURANCE AMOUNTS . CONTRACTOR shall maintain the following insurance for the duration of this Agreement:

(a) Commercial gene ral liability in an amount of
$2,000,000.00 per occurrence ( claims made and
modified occu rrence policies are not acceptable);
Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A -, Class VII or better, as
approved by the CITY.

(b) Automobile liability in an amount of $1 ,000,000.00 combined single limit (claims made a nd modified
occurrence policies are not acceptable); Insurance
companies must be acceptable to CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
350

3 (c) Professional liability in an amount not less than $2,000,000. Insurance companies must be admitted and
licensed In California and have a Best’s Guide Rating of A- Class VII or better, as approved by the City. If the policy is written on a “claims made” basis, the policy shall be continued in full force and effect at all t imes during the term of the agreement, and for a period of three (3)
years from the date of the completion of services
provided. In the event of termination, cancellation, or material change in the policy, professional/ CONTRACTOR shall obtain continuing i nsurance coverage for the prior acts or omissions of professional/CONTRACTOR during the course of performing services under the term of the
agreement. The coverage shall be evidenced either by a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or
new carrier.

An On-Going and Completed Operations Additional Insured Endorsement for the policy under section 4.3 (a) shall designate CITY, it’s officers, officials, employees, agents, and volunteers a s 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.

An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, it’s officers, officials, employees, agents, and volunteers 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 the CITY.

For any claims related to this Agreement, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, it’s offic ers, officials, employees, agents, and volunteers. Any insurance or self - insurance maintained by the CITY, it’s officers, officials, employees, agents, and volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

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. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of 351

4 any default or breach by CITY, or for any amount which may become due to CONTRACTOR.

6. Non-Discrimination. CONTRACTOR covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement.

7. Independent CONTRACTOR. It is agreed to that CONTRACTOR shall act and be an independent CONTRACTOR and not an agent or employee of the CITY, and shall obtain no rights to any benefits which accrue to CITY'S employees.

8. Compliance with Law. CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.

CONTRACTOR shall comply with, and shall be responsible for causing all CONTRACTORs and sub-CONTRACTORs performing any of the work pursuant to this Agreement to comply with, all applicable federal and state labor standards, including, to the extent applicable, the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. The City makes no warranty or representation concerning whether any of the work performed pursuant to this Agreement constitutes public works subject to the prevailing wage requirements.

9. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice.

These addresses shall be used for delivery of service of process.

a. Address of CONTRACTOR is as follows:

BKM OFFICE ENVIRONMENTS
Attn: RACHEAL PRICE
816 VIA ALONDRA
CAMARILLLO, CA 93012
[email protected]

b. Address of CITY is as follows:

Economic Development and Housing Department
City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92840
Attn: Christy Le

10. CONTRACTOR'S PROPOSAL. This Agreement shall include CONTRACTOR'S proposal which shall be incorporated herein by reference. In the event of any 352

5 inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

11. Licenses, Permits, and Fees . At its sole expense, CONTRACTOR shall obtain a Garden Grove Business License, all permits, and lice nses as may be required by this Agreement.

12. Familiarity with Work . By executing this Agreement, CONTRACTOR warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restrictions of the work under this Agreement. Should CONTRACTOR discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shal l immediately inform CITY of this and shall not proceed, except at CONTRACTOR'S risk, until written instructions are received from CITY.

13. Time of Essence . Time is of the essence in the performance of this Agreement.

14. Limitations Upon Subcontractin g and Assignment . The experience, knowledge, capability, and reputation of CONTRACTOR, its principals and employees were a substantial inducement for CITY to enter into this Agreement. CONTRACTOR shall not contract with any other entity to perform the services required without written approval of the CITY. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CONTRACTOR is permitted to subcontract any part of this Agreement, CONTRACTOR shall be responsible to CITY for the acts and omissions of its sub-CONTRACTOR as it is for persons directly employed.

Nothing contained in this Agreement shall create any contractual relationship between any sub-CONTRACTOR and CITY. All persons engaged in th e work will be considered employees of CONTRACTOR. CITY will deal directly with and will make all payments to CONTRACTOR.

15. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to ex ecute this Agreement and that by executing this Agreement, the parties are formally bound.

16. Indemnification. To the fullest extent permitted by law, CONTRACTOR shall defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way co nnected with the negligence, recklessness and/or intentional wrongful conduct of CONTRACTOR, CONTRACTOR'S agents, officers, employees, sub -CONTRACTORs, or independent CONTRACTORs hired by CONTRACTOR in the performance of the Agreement. The only exception to CONTRACTOR'S responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence, recklessness 353

6 and/or wrongful conduct of CITY, or any of its elective or appointive boards, officers, agents, or employees.

This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR.

17. Appropriations. This Agreement is subject to an d contingent upon funds being appropriated therefor by the Garden Grove City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the CITY.

18. Modification. This Agreement constitutes the entire agreement between the parties and supersedes any previous agreements, oral or written. This Agreement may be modified only by subsequent mutual written agreement executed by CITY and CONTRACTOR.

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

20. California Law. This Agreement shall be construed in accordance with the laws of the State of California. Any action commenced about this Agreement shall be filed in the central branch of the Orange County Superior Court.

21. Interpretation. This Agreement shall be interpreted as though prepared by both parties

22. Preservation of Agreement . Should any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable.

\ \ \ \

(Agreement Signature Block on Next Page)

354

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

Date: _____________ "CITY"

CITY OF GARDEN GROVE

By:___________________________
City Manager
ATTESTED:

____________________________
City Clerk

Date: _______________________

"CONTRACTOR"

BKM OFFICE ENVIRONMENTS

By: ____________________________

Name: _________________________

Title: __________

Date: __________________________

Tax ID No. ______________

CONTRACTOR’s License: _________
Expiration Date___________________

If CONTRACTOR is a corporation, a
Corporate Resolution and/or Corporate
Seal is required. If a partnership,
Statement of Partnership must be
submitted to CITY.

APPROVED AS TO FORM:

____________________________
Garden Grove City Attorney

________________________
Date
355

8 EXHIBIT “A”

SCOPE OF WORK SUMMARY:

1. Provide procurement and installation of the requested FF&E itemized in the bid sheet.

2. Provide FF&E storage up to 30 days from the dates of receiving products.

3. Provide disposal and removal of trash services.

4. Provide coordination with all other trades and/ or Project Manager to ensure space readiness to receive FF&E, preventing potential costs incurred from any delays.

5. Provide a walk-through pre and post installation.

6. Provide product samples upon request and delivery to bkm facilities.

7. Provide warranty information for all manufacturers.

356

9 EXHIBIT “B”

ITEMIZED FEE SCHEDULE

See itemized fee schedule in the attached Best and Final Pricing Summary.

357
CCNC Best and Final Pricing Summary
358

FURNITURE, FIXTURES, AND EQUIPMENT (FF&E) PROCUREMENT, COORDINATION,

STORAGE AND INSTALLATION FOR THE CENTRAL CITIES NAVIGATIONCENTER PROJECT CITY PROJECT NO. CP1350000-1
New Items w/ Tax $ 331,758.79
Freight (includes washer
and dryer freight and
installation) $ 20,950.36
Installation $ 58,773.00
Project Management $13,607.19
Grand Total $ 425,089.34
Pricing Summary:

Please see full pricing spreadsheet in 2nd Document attached. 359
Thank You
360

Garden Grove City CouncilMarch 12, 2024

Garden Grove City Council
March 12, 2024