Sub-Task 7.4 & 7.5
The scope of services set forth in Exhibit “A” of Agreement No. 7258 shall also include:
Task 7: Synchronization System Construction
Sub-Task 7.4: Advance Materials and Equipment Procurement Sub-Task 7.4.1: Procurement
Iteris shall procure equipment identified on the Project’s proposed improvement list in Table 1. The scope of work at a minimum includes:
1. Identifying any and all equipment necessary for advance procurement based on project design and equipment needs specified by participating agencies
2. Soliciting bids or quotes on behalf of owning agency
3. Ordering the correct make, model, and quantity to meet the owning agency’s specifications and needs
4. Securing manufacturer support services for installation of equipment where required
5. Ensuring all material and necessary support services ordered is approved by the owning agency in a submittal review
6. Placing the order for equipment within ten (10) working days of approval
7. Paying all vendor invoices
8. Upon receipt of said equipment, inspecting to ensure accuracy with original order and verifying equipment is not damaged nor defective
9. Storing equipment in a secure location on behalf of owning agency
10. Coordinating with vendor or manufacturer for any warranty issues or defects, for duration of Project
11. Coordinating with respective vendor and/or awarded Project Contractor for installation of equipment
12. Maintain all documentation related to Sub-Task 7.4, consistent with OCTA’s CTFP Guidelines.
Documentation includes but is not limited to: proof of order, estimated delivery from vendor, copies of final paid receipts, and proof of payment.
For certain equipment, such as traffic signal controllers, manufacturer support for installation is considered a standard and/or necessary service. Other equipment, i.e. IP Communication Ethernet or fiber optic switches, are considered “plug and play” and do not require a field contractor for installation and setup. Such equipment may be installed by and configured under the professional services agreement by Iteris on behalf of the owning agency.
Iteris shall identify each equipment from the Advance Procurement List to be installed by either the awarded Project Contractor, the owning agency, the respective vendor/manufacturer or Iteris. If equipment will require manufacturer/vendor support, such services shall be included with the equipment order.
Iteris shall comply with the Orange Municipal Code, Chapter 3.08 - Purchasing System, Sections 3.08.100 to
3.08.320 as they relate to solicitation and award of bids, when procuring any equipment for the Project. Iteris is responsible for documenting said compliance, including but not limited to: proof of solicitation for bids or quotes, obtaining sole source letters when applicable, and all equipment bids or quotes. All documentation shall be compiled and incorporated into the Project files.
284
Sub-Task 7.4 & 7.5
Table 1 – Equipment List for Advance Procurement
Traffic Signal Equipment Type
Traffic Signal Controller Cabinet
Traffic Signal Controller
Uninterrupted Power Supply (UPS) / Back-up Battery System Emergency Vehicle Preemption (EVP)
Video Detection System (VDS)
Radar Vehicle Detector System (RVDS)
Traffic Signal Closed-Circuit Television (CCTV) Camera
Traffic Signal IP Communication (Switches)
Wireless Radio Communication
Traffic Management Center System Software
Sub-Task 7.4.2: On-Call Contractor Support
In the event the Iteris-procured equipment is installed by the Project Contractor and requires troubleshooting, diagnosis or warranty repair, some of the Project Partner Agencies may not have the resources available to access or repair the equipment. For these instances, Iteris may use an on-call contractor to provide access and repair the equipment. The on-call contractor shall be sub-contractor to Iteris, maintain a current license in the appropriate classification and pre-approved by the City of Orange. Additionally, the sub-contractor shall provide proof of insurance for the minimum limits prescribed in the Project’s original RFP (RFP 20-21.40). The City of Orange and its Partner Agencies shall be named as additional insured. It shall be the responsibility of Iteris and its sub- contractor to obtain an encroachment permit (no fee) from the appropriate agency for any work performed in public right-of-way.
Sub-Task 7.4 Deliverables:
1. Quotes and/or bids for all equipment procured in advance of construction
2. Preliminary and final summary list of all equipment, services, vendors and costs procured in advance
3. Sole source letters
4. Documentation demonstrating compliance with Orange Municipal Code, Chapter 3.08 - Purchasing System
5. Equipment submittals for agency review and approval
6. Proof of equipment order including estimated delivery from vendor
7. Final paid receipts and proof of payment
8. Equipment
9. Installation coordination
Sub-Task 7.4 Compensation Fee:
Iteris’s compensation for performing Sub-Task 7.4.1 Procurement shall be a 5% surcharge on the final cost of equipment and services procured in advance by Iteris. Taxes, shipping and miscellaneous fees shall be excluded from surcharge.
Iteris’s compensation for Sub-Task 7.4.2: On-Call Contractor Support shall be on a time and material basis.
285
Sub-Task 7.4 & 7.5
Sub-Task 7.5: Automated Traffic Signal Performance Measures As identified in the Project’s original application to OCTA, the City intends to use Automated Traffic Signal Performance Measures (ATSPMs) to continuously collect data at its intersections to proactively identify and correct deficiencies. Iteris shall provide ATSPMs through the Iteris SPM Service, per the attached quote (Attachment 1). Iteris SPM shall be installed at the 19 intersections identified in Table 2, within the City of Orange, for a period of three (3) years. The scope of work includes, but is not limited to: installation, set-up, and configuration; troubleshooting and support; Iteris SPM license for three (3) years.
Table 2 – Intersection List for Iteris SPM
Item Intersection # Major Street Cross Street City
1 11 Tustin Street Fairhaven Avenue Orange
2 14 Tustin Street La Veta Avenue Orange
3 15 Tustin Street Palmyra Avenue Orange
4 16 Tustin Street Chapman Avenue Orange
5 17 Tustin Street Palm Avenue Orange
6 18 Tustin Street Walnut Avenue Orange
7 19 Tustin Street Mayfair Avenue Orange
8 20 Tustin Street Collins Avenue Orange
9 21 Tustin Street Quincy Avenue Orange
10 23 Tustin Street Van Owen Avenue Orange
11 24 Tustin Street Taft Avenue Orange
12 25 Tustin Street Briardale / Taft Avenue Orange
13 26 Tustin Street Meats Avenue Orange
14 27 Tustin Street East Village Way Orange
15 28 Tustin Street Village Town Center Orange
16 29 Tustin Street Heim Avenue Orange
17 30 Tustin Street SR-55 S/B On-Ramp Orange
18 31 Tustin Street Lincoln Avenue Orange
19 35 Tustin Street Santa Ana Canyon Road Orange
Sub-Task 7.5 Compensation Fee:
Iteris’s compensation for Sub-Task 7.5 shall be $49,400.
286
Sub-Task 7.4 & 7.5
Attachment 1
Iteris SPM Quote
287
Iteris SPM Pricing
ITERIS SPM QUOTE – City of Orange Tustin-Rose RTSSP Project Date: January 12, 2022
Pricing – SPM
SPM
Pricing below is broken down by a 3 year service fee and set-up fee. Annual service fee includes data hosting, access to the platform, training and support for 19 intersections in the City of Orange Ca.
Set-up is a one-time fee for up to 19 intersections which includes data engine install, website set-up, meta-data configuration and chart QA.
Description Units Quoted Pricing to City of Orange
$2600.00 per Intersection SPM License & Set Up/Int 19 (intersections) $200.00 per hr @800.00 Total SPM Labor at 4 hours per Int. 19 (intersections)
TERMS AND CONDITIONS
The license terms
and conditions for Iteris SPM are set forth in the Hosted Service License Agreement attached hereto.
The Tustin – Rose RTSSP project is calling out for 19 intersections of Iteris SPM We agreed to provide you with the quote of $2600.00 per intersection $600.00 for SPM License for a 3-year service =$1800.00 plus $800.00 for SPM set up labor at a total of $2600.00
The $800.00 labor is broken down as 4 hours at $200.00 per totaling the $800.00 Grand Total= 19 (intersections) $49,400.00
288
Iteris SPM Pricing
ATTACHMENTS
289
SU BSCRIPTION SERVICES AGREEMENT
Form Rev: 20200501 Page 1 of 4
This Subscription Services Agreement (“Agreement”) is made by and between Iteris, Inc., a Delaware corporation, (“Iteris”) and the company, organization, educational institution, or agency, instrumentality, or department of the federal/state governme nt (“Customer”) that has purchased a subscription to the Iteris SPM™ mobility intelligence platform (“Iteris SPM”) service (“Subscription Services”) and related data made available to Customer through the Iteris SPM platforms (e.g., websi tes, software applications or proprietary application programming interfaces), except to the extent that thi s Agreement i s specifically modified or superseded by a separate written agreement duly executed by authorized representatives of Iteris and Customer.
1. Acceptance of Agreement and Purpose. In order to access and use the Subscription Services subject to thi s Agreement, C ustomer must have purchased a subscription to the Subscription Services from ei ther Iteris or an Iteris authorized reseller unde r a purchase order, servi ce agreement or contract (an “Order”) specifying the ti me-peri od over whi ch access to the Subscription Services is a
uthorized (“Subscription Term”), of which incorporating this Agreement by reference or attached. Customer accepts and agre e s t o the terms and conditions of this Agreement on Customer’s own behalf and on behalf of each individual (an “End User”) that C u stomer authorizes to access the Subscription Services for Customer’s internal operations business purposes or, if Customer is a governm e ntal entity, for governmental purposes (the “Purpose”). Cus tomer is responsible for each authorized End User to be bound by and to compl y with the terms and conditions of this Agreement. In connection with the Subscription Services, the terms and condit ions of this Agreement supersede any conflicting or additional terms and conditions of the Order, and the parties expressly reject any such conflicting and/or additional terms and conditions of the Order.
2. Term and Termination.
Term and Termination. Thi s Agreement will become effective on the date Customer accepts this Agreement or upon Custom e r’ s initial access or use of the Subscription Services, whichever occurs earlier, and continue in effect for the Subscription Term des cribed i n the Order, unl ess earlier termi nated i n accordance wi th thi s Agreement (“Term”). If a party materially breaches or defaults in any of the terms or conditions of this Agreement, then the non-breaching party may give written notice to the defaulting party that if t he default is not cured within thirty (30) days this Agreement wi ll be termi nated. If the non-defaulting party gives such notice and t he default is not cured during the thirty-day period, then non-defaulting party may el ect to termi nate this Agreement at the end of such cure peri od. This Agreement may be terminated immediately by a party by giving written notice to the other party in the event of, (a) dissolution, cessation, liquidation or insolvency of the other party; (b) the appointment of a receiver or similar officer for th e o ther party; (c) an assignment by the other party for the benefit of all or substantially all of its creditors; (d) entry by the other party int o an agreement for the composition, extension, or readjustment of all or substantially all of its obligations; or (e) the filing of a meritorious petition in bankruptcy by or against the other party under any bankruptcy or debtors’ laws for its relief or reorganization.
Effect of Termination . Upon the effective date of termination of this Agreement for any reason, the Subscription Te rm shall terminate and Customer shall immediately discontinue access to and use of the Subscription Services, including any use of any servi ces-related Software and Documentation. Iteris shall have the ri ght upon any termi nation to cancel Customer’s access to the Subscription Services, invalidate Customer’s corresponding user ID’s and/or passwords, and delete Customer Data in accordance with the Iteris data retention and privacy policy. Obligation for payment of Subscription Services fees accruing prior to the effecti ve date of termination shall survive termination for any reason. Customer acknowledges and agrees that such provisions hereof which, by their context and content, are intended to survive termination or expiration shall so survive, including without lim itation, Sections, 1, 2, 4 through 10.
3. License Grant. Subject to the terms and conditions of this Agreement, Iteris grants to Customer a non-exclusive, non-tran sferabl e, revocable, limited license during the Subscription Term (i) to access the Subscription Services, as instructed by Iteris; (ii) to a ccess and use Subscription Services-related Iteris proprietary software, applications, and databases (“Software”) and any related document at ion for description, use or operation of the Subscription Services an d Sof tware (“Documentation”) only i n conjunction with the us e of the Subscription Services; (i ii) to use the derived performance measures, reports, and other outputs of the Subscription Services (“Iteris Data”) solely for the Purpose ; and (iv) grant access to the Subscription Services, set forth in (i) through (iii) above, to Custom e r’ s authorized End Users in support of the Purpose.
4. Restrictions and Ownership. Except as expressly provided in this Section 3, or as may otherwise be mutually agreed by It e ris and Customer i n a duly executed written agreement, Customer (for itself or through a third party) may not: (a) attempt to decrypt, discover or reverse engineer any Iteris IP or other confidential or proprietary information developed or used by Iteris to provide the Subscription Servi ces; (b) modify, prepare derivative works, translate, reverse engineer, reverse compile, or disassemble the Iteris IP or attempt or assist any third party to do any of the preceding; (c) use or authorize use of the Iteris IP for any purpose not specified in this Agreeme nt ; (d) reproduce, rent, l ease, sell, sublicense or otherwise transfer or distribute the Subscription Services, or any portion thereof, in any form or medium without the prior written consent of It eris; (e) allow any third party to resell, sublicense, distribute or othe rwise transfer the Subscription Services or Iteris Data for any purpose other than the Purpose, (f) retain any instantiations or derivative s of the Iteri s IP i n any form after expiration or termination of this Agreement (except state, l ocal, and federal government Customers may continue to use for the Purpose any Iteris Data acquired prior to termination), or (g) use the Subscription Services in any manne r which: (i) poses a security risk; (ii) violates any applicable law or regulation; (iii) could disable, overburden, damage, or im pair t he performance or operation of the Subscription Services or Iteris’ hosting envi ronment; (iv) i ntroduce offensive, harmful, i nfringing or 290
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otherwise inappropriate or illegal content; or (v) poses a liability risk to Iteris. Customer is responsible for (a) a ny breach of this Agreement by an End User, (b) verifying End Users that access the Subscription Services, and (c) implementi ng reasonable security measures and practices appropriate to protect against unauthorized access to the Subscription Services. Except for the licenses expressly granted under this Agreement, Iteris (and its applicable licensors) retains all right, ti tle and interest i n and to the Subscription Servi ces, Software, Documentati on and Iteris Data (collectively “Iteris IP”) i s not transferred to Customer. Iteris (and its applicable l i censors) remains sole and exclusively owner of the Iteri s IP, i ncluding any and all exi sting and future intellectual property right s therein and thereto. For avoidance of doubt, Iteris IP includes, without limitation, any and all ideas, software, copies, derivatives, changes, feedback, improvements, modifications, enhancements, supplements, additions, corrections, work-arounds, fixes, upgrades, updates, and extensions. Except for those rights expressly granted in this Agreement, no other rights are granted, either expre ss or implied.
5. U. S. Government Restricted Rights. The Subscription Services and any related Software a nd Documentation a re "C o mmerci al Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Comput e r Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Compute r Software Documentation are being licensed to U.S. Governm ent end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights are reserved under the copyright l aws of the Uni ted States. The “Manufacturer” i s Iteris, Inc., 1700 Carnegie Avenue, Sui te 100, Santa Ana, California 92705 USA.
6. Customer Data, Privacy Policy, and Third Party Data. (a) Customer Data. Customer’s use of the Subscription Services may require Iteris to use Customer’s or its End Users’ personally identifiable information and non- personally identifiable information (collectively, “ Customer Data”). Personally- identifiable information may be provided by Customer to Iteris in the initially setup process to access the Subscription Services (e.g., creati ng a n a ccount).
(b) Privacy Policy. If Customer or an End User provides a ny personally identifiable information to Iteris, i ncluding, without lim itatio n, name, telephone number and email address, Iteris will only store and use such personally identifiable i nformation that is needed to veri fy use of the Subscription Services, to provide the Subscription Services, to respond to requests, a nd to provide support, Customer service and account maintenance. Iteri s does not offer to sel l or otherwise sel l personally identifiable information. I teri s may also collect and use Customer ’s and its End Users’ non -personally identifiable information including, but not limited t o, supplemental data used in performance of services, a nd browser a nd/or device information. Personally identifiable information that is provided to Iteris for a particular purpose will only be saved and used for that purpose, unless prior express consent is given t o allow Iteri s to use i t for some other purpose. Unl ess otherw ise prohibited in the Order, Iteri s may share non-personally identifiable information with third parties, but that information does not include any personally identifiable information. Iteris reserves the right to use or share for any purpose any data provided by Customer on an aggregate, anonymized basis. Iteris does not trade, share, rent, sel l or give away personally identifiable information to third parties.
I n a ddition, i n connection wi th the Subscription Services provided under this Agreement, Customer acknowledges and agre e s to the following Iteris s ecurity and privacy measures: (i) a uthentication a nd a uthorization credentials a re, as applicable, encrypt e d during transmission using standard secure socket layer (“SSL”) protocols and certificates are verified and executed by a commercial SSL certificate authority. (ii) Unless otherwise mutually agreed, the Subscription Services is controlled and operated from facilitie s in the Uni ted States of Ameri ca and Customer personally identifiable information (i f any) is logically and physically hosted in the Unit e d States of Ameri ca . (iii) Personally-identifiable information shall be removed when no longer needed or when this Agreeme nt termi nates or expires, whi chever comes fi rst. (iv) the Subscription Services a nd a ny API portion of the Subscription Service s will provide authorization capabilities. (v) Al l personally identifiable information is processed and stored by Iteris in a secured manne r that reasonably prevents unauthorized access from internal and external parties . (vi) Iteris uses third party companies, such as Amazon Web Servi ces (”AWS”), to facilitate the Subscription Services as follows: (1) to provide the Subscription Services (or portions thereof) on Iteris’ behalf, and (2) to provide Subscription Services, including without limitation, data archive storage, authentication, monitoring, analytics, and technical support reporting. (vii) I teris ma intains, a t a minimum, a technical i nfrastructure a nd i nternal procedures for provisioning, monitoring, and remediating issues identified through regular monitoring for intrusion and netw ork vulnerability scans. Iteris wi ll promptly remediate security i ssues it becomes aware of. (c) Google Analytics. Iteris and its partners use various technologies to collect and store information when Cust om e r accesses and uses the Subscription Services that may include using cookies or similar technologies. Iteris uses “Google Analytics” (https://analytics.google.com) and associated tools in connection with the Subscription Services to collect and analyze inform ation about how users use the Subscription Services. Google Analytics collects information such as how often a user visits the Subscription Servi ces, what pages a user visits when a user does so, and information on specific pages and content accessed on the Subscript ion Servi ces. Iteri s uses the information received from Google Analytics to improve the Subscription Services offered to our customers.
Google Analytics collects only the Internet Protocol address assigned to a customer on the date such customer initially accesses the Subscription Services, rather than your name or other identifying information. Iteris does not combine the information colle ct e d 291
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through the use of Google Analytics with personal information. Google Analytics uses cookies to collect standard Interne t lo g information and visitor behavior information in an anonymous form. These cookies are used only by Google, and not by Iteris. Google Anal ytic’s ability to use and share inform ation collected by Google Analytics about your visits to this website is restricted by the Google Anal ytics Terms of Use ( https://www.google.com/analytics/terms/us.html) and the Google Privacy Policy (https://www.google.com/policies/privacy/). However, Cus tomer can prevent Googl e Analytics from recognizing Cus tomer’s return access to the Subscription Services by disabling cookies on your browser. Use of the Subscription Services without restricting use of cookies constitutes Customer’s consent to the use, storing and access of cookies on Customer’s computers or devices. (d) Retention Policy. It is Iteris’ policy that Customer Data, as defined in this Section 6, is private and confident ial t o Customer. The “Retention Pe riod” for Customer Data, except for personally identifiable information, shall be one hundred eight y (180) days unless modified in a duly executed written agreement of Customer and Iteris. Personally identifiable inform at ion i s destroyed when it is no lo nger required to provide the Service (e.g. an End User account is closed), or upon Customer or End U se r request. Iteri s shall make a commercially reasonable good faith effort to permanently destroy or render i naccessible Customer Data in Ite ris’ and /or in any third party service provider’s possession or control within thirty (30) days after the end of the Retention Pe riod.
For the avoidance of doubt, anything that is stored on routine back-up media solely for the purpose of disaster recovery will be subject to destruction in due course, provided that employees are precluded from accessing such information in the ordinary course of business prior to destruction. Notwithstanding the foregoing, latent data such as deleted files, and other non-logical data type s, such as memory dumps, swap files, temporary files, printer spool files, and metadata that is generally considered inaccessible without the use of specialized tools and techniques will not be within the requirement for destruction as set forth by this Sec tion 7, but shall remain subject to the confidentiality obligations set forth herein. (e) Third Party Data. All data used by the Subscription Services provided by a third party shall be governed by the ow ne rship provisions of the third party. I f Customer provides access to s uch third party data, it shall be responsible for ensuring that Ite ris is granted sufficient rights to provide the Subscription Services using such third party data. If Iteris provides access to such third party da ta , i t s hall be res ponsible for ensuring that both Iteris and Customer are granted sufficient rights in such third party data for the purposes of this Agreement. Both Customer and Iteris agree to abide by such additional terms and conditions a pplicable to s uch third party data.
7. Confidentiality.
“Confidential Information” means (i) with regard to Customer Data, any non- public information regarding the busine ss of Customer, in whole and in part, (ii) with regard to Iteris, the Iteris IP, feedback and any other non-public information regarding the Subscription Services and business of Iteris, in whole and in part, and (iii) with regard to either party, a ny other i nformation, ideas, technical data, or know-how, including, but not limited to, that which relates to research, product plans, products, services, custome rs, markets, software, software code, software documentati on, devel opments, i nventions, l ists, trade secrets, processes, designs, drawings, engineering, hardware configuration information, marketing or finances, which is designated in writing to be confide ntial or proprietary, or if disclosed orally or other intangible means, is designated at the time of disclosure as confidential or proprietary.
The Parti es, each of which may be a “Disclosing Party” or a “Receiving Party” from ti me to ti me, agree to disclose the Confidential Information only to their employees, officers, directors, consultants, contractors, affiliates, advisors or agents (collect iv el y, “Representatives”) who have a need -to-know for that purpose and who are bound to confidentiality by this or an equivale nt agreement, and to maintain the Confidential Inform ation in confidence using the same degree of care to avoid disclosure thereof as the Receiving Party employs on its own Confidential Information of like importance, but in no case less than reasonable prudent care .
In addition, the parties agree that the Recei ving Party shall not reverse engineer, disassemble, decompile, or otherwise analyze the design or construction of any equipment, component, or software wit hout the prior written consent of the Disclosing Party. A ll materials containing Confidential Information provided by the Disclosing Party under this Agreement are and will remain the pr op erty of the Disclosing Party. This Agreement shall pose no such confidential obligation upon either party with respect to any portion of t he received Confidential Information which: (i) is possessed by the Receiving Party at the time of the disclosure without any obligations of confidentiality as evidenced by written or other tangible records: (ii) is independently developed by the Receiving Party as evidenced by written or other tangible records without use or reference to the Disclosing Party’s Confidential Information; (iii) is he r ea fter rightfully furnished to the Receiving Party by a third party without restriction on disclosure or subject to confidentiality obligations; (iv) is now, or which hereafter becomes, generally known or available to the public through no act or failure to act by the Recei ving Party or in breach of this Agreement; or (v) is released from confidentiality in writing by the Disclosing Party.
If the Recei vi ng Party is served a form of process from a court of competent jurisdicti on or government agency requiring Receiving Party to disclose any Confidential Information of the Disclosing Party to any third party, the Receiving Party shall immediately notify the Disclosing Party who shall, in addition to the Receiving Party’s efforts, if any, have the right to seek to void s uch process. Each Party shall cooperate with the other in all efforts to quash such process or otherwise to limit the scope of any required disclosure . In the event that the di sclosure of any Confidential Information is compelled, the Receiving Party shall seek an appropriate protective order from the court to limit access to and use of such information. 292
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The Recei vi ng Party agrees to promptly return or certify destructi on of all copies of any received Confidential Information and of any additional documents in any media containing any of the disclosed Confidential Information upon termination of this Agreem e nt or written request of the Disclosing Party. The obligations to protect Confidential Information recited above shall survive any such termi nation for a period of three (3) years after the date of termi nation of this Agreement for any reason, provided, however, any personally identifiable information of the Disclosing Party shall remain subject to the confidentiality obligations contained he re in inde fin ite ly .
8. WARRANTY DISCLAIMER. THE SUBSCRIPTION SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND CUSTOMER AGREES TO USE THE SUBSCRIPTION SERVICES AT ITS OWN RISK. ITERIS DOES NOT WARRANT THAT THE SUBSCRIPTION SERVICES WILL OPERATE WITHOUT ERROR OR INTERRUPTION. ITERIS MAKES NO GUARANTEES REGARDING THE QUALITY, ACCURACY, COMPLETENESS, EFFECTIVENESS, RELIABILITY, OR USEFULNESS OF THE SUBSCRIPTION SERVICES OR RESULTS OBTAINED THEREFROM.
WITHOUT IN ANY WAY LIMITING THE GENERALITY OF THE FOREGOING, ITERIS EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT
TO THE SUBSCRIPTION SERVICES OF ANY KIND WHATSOEVER, WHETHER STATUTORY, EXPRESS, IMPLIED OR ARISING BY USAGE OF
TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9. LIMITATION OF REMEDIES AND DAMAGES. IN NO EVENT SHALL ITERIS OR ANY OF ITS AFFILIATES, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “AFFILIATES”) BE LIABLE FOR ANY LOST PROFITS, LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE, LOSS OF INFORMATION, LOSS OF DATA, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE LICENSED SOFTWARE OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
10. Miscellaneous. Customer shall not assign or delegate its rights under this Agreement without the prior written consent of Iteri s.
Any attempt by Customer to assign i ts ri ghts or del egate i ts duti es i n contravention of the preceding sentence shall be voi d from the beginning. This Agreement shall bind and inure to the benefit of the successors and permitted assigns of the parti es. C u sto mer will comply with all applicable U.S. and foreign export laws and regulations and acknowledges that the Iteris IP may be subject to U.S.
Export Administration Regulations. This Agreement is the entire understanding of the parties regarding the subject matter; any modification must be in a writing duly executed by authorized representatives of the parti es. If Customer i s a governmental body or agency, this Agreement shall be governed by and construed according to the laws of the state in which Customer is l ocated wi thout regard to the state’s principles of conflict of laws. If Customer is not a governmental body or agency, this Agreement will be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of California, U.S.A, without regard its principles regarding conflicts of laws and the parties agree that all disputes hereunder are subject to the exclusive jurisdiction of and venue in the federal and state courts of Orange County, CA. No waiver of rights under this Agreement by either part y shall constitute a subsequent waiver of this or any other right under this Agreement. The parties acknowledge that Iteris IP has competitive , unusual and extraordinary value and proprietary nature, and that the prospective breach of any provision of this Agreement by Customer may cause Iteris substantial and irreparable harm, for which remedies available at law may be inadequate. Notwithstanding anythi ng otherwise to the contrary herein, Iteris shall be enti tled to seek equitable relief i n any court of competent jurisdiction to protect its intellectual property rights that are the subject matter of this Agreement without prejudice to any other relief available at law, in equity or otherwise. The parties hereunder are i ndependent contractors. Thi s Agreement does not create any joint venture, fiduciary, agency or partnership relationship. All notices in connection with this Agreement will be deemed given as of the day the y are recei ved ei ther by messenger, delivery service, or i n the United States of America mail, postage prepaid, certified or registered, return recei pt requested, and addressed ei ther to Customer or to Iteris at the addresses specified i n thi s Agreement, or to such other address as a party may designate pursuant to this notice provision. 293
February 24, 2022
Ms. Gabrielle Hayes
Senior Civil Engineer
Public Works – Traffic
City of Orange
300 E. Chapman Ave.
Orange CA 92866
Re: Iteris Procurement of Hardware for Tustin Ave - Rose Drive RTSSP
Dear Ms. Hayes:
Based on recent procurement costs, the table below is the current estimate of costs from recent projects, inclusive of equipment costs, shipping & handling, sales tax, and 5% Iteris markup. By procuring equipment prior to sele cting a contractor for construction, it will not only be more cost effective for all stakeholders, but project delays due to unforeseen delays with equipment lead times will be prevented.
This is a more cost-effective procurement procedure and will minimize risk to the project schedule due to procurement delays.
Sincerely,
Iteris, Inc.
Gabriel Murillo
Vice President
Consulting Solutions
Unit Unit Cost TUSTIN SANTA ANA ORANGE PLACENTIA YORBA LINDA Qty Subtotal ITERIS Cobalt ATC Controller (ECONOLITE) EA 5,300.00$ 2 1 17 7 4 31 164,300.00$ ITERIS 2070 ATC Controller (ECONOLITE) (RACK MOUNT) EA 5,300.00$ 4 4 21,200.00$ ITERIS Ethernet Switch (EX71620-A0B) (ETHERWAN) EA 3,300.00$ 1 1 3,300.00$ ITERIS Ethernet Switch (ACTELIS) EA 1,500.00$ 6 4 10 15,000.00$ ITERIS Ethernet Switch (ACTELIS) SFPs EA 115.00$ 2 2 230.00$ ITERIS CCTV Camera Dome Network CCTV Camera and Mounting Hardware (AXIS Q6135-LE) EA 3,500.00$ 1 1 3,500.00$ ITERIS CCTV Camera and Mounting Hardware (COHU RISE) EA 3,200.00$ 8 6 14 44,800.00$ ITERIS CCTV Camera and Mounting Hardware (BOSCH) EA 5,300.00$ 4 4 21,200.00$ ITERIS Wireless Radio (ENCOM) EA 2,500.00$ 3 2 5 12,500.00$ ITERIS Furnish & Install ITS SPM LS 49,400.00$ 1 1 49,400.00$ ITERIS Autoscope Vision Detection Camera System (ECONOLITE) EA 30,000.00$ 1 1 30,000.00$ ITERIS VDS (GRIDSMART) EA 24,000.00$ 4 4 96,000.00$
ITERIS Radar Detection System (WAVETRONIX) EA $30,000.00 2 2 60,000.00$ ITERIS Opticom GPS-Enabled EVP (GTT) EA 12,000.00$ 12 12 144,000.00$ ITERIS TYPE 332 Traffic Conroller Cabinet (ECONOLITE) EA 15,000.00$ 2 2 30,000.00$ ITERIS Nema TS-2 Type P38 Cabinet (ECONOLITE) EA 21,000.00$ 1 1 21,000.00$ ITERIS P44 TS2 Cabinet (ECONOLITE) EA 27,000.00$ 5 5 135,000.00$ ITERIS "D" Panel (ECONOLITE) EA 1,200.00$ 1 1 1,200.00$ ITERIS UPS w/ Side-Mounted Cabinet (MYERS) EA 6,600.00$ 3 3 19,800.00$ 872,430.00$ TOTAL
ITERIS FURNISHED ITEMS
294
Unit Unit Cost TUSTIN SANTA ANA ORANGE PLACENTIA YORBA LINDA Qty Subtotal ITERIS Cobalt ATC Controller (ECONOLITE) EA 5,300.00$ 2 1 17 7 4 31 164,300.00$ ITERIS 2070 ATC Controller (ECONOLITE) (RACK MOUNT) EA 5,300.00$ 4 4 21,200.00$ ITERIS Ethernet Switch (EX71620-A0B) (ETHERWAN) EA 3,300.00$ 1 1 3,300.00$ ITERIS Ethernet Switch (ACTELIS) EA 1,500.00$ 6 4 10 15,000.00$ ITERIS Ethernet Switch (ACTELIS) SFPs EA 115.00$ 2 2 230.00$ ITERIS CCTV Camera Dome Network CCTV Camera and Mounting Hardware (AXIS Q6135-LE) EA 3,500.00$ 1 1 3,500.00$ ITERIS CCTV Camera and Mounting Hardware (COHU RISE) EA 3,200.00$ 8 6 14 44,800.00$ ITERIS CCTV Camera and Mounting Hardware (BOSCH) EA 5,300.00$ 4 4 21,200.00$ ITERIS Wireless Radio (ENCOM) EA 2,500.00$ 3 2 5 12,500.00$ ITERIS Furnish & Install ITS SPM LS 49,400.00$ 1 1 49,400.00$ ITERIS Autoscope Vision Detection Camera System (ECONOLITE) EA 30,000.00$ 1 1 30,000.00$ ITERIS VDS (GRIDSMART) EA 24,000.00$ 4 4 96,000.00$ ITERIS Radar Detection System (WAVETRONIX) EA $30,000.00 2 2 60,000.00$ ITERIS Opticom GPS-Enabled EVP (GTT) EA 12,000.00$ 12 12 144,000.00$ ITERIS TYPE 332 Traffic Conroller Cabinet (ECONOLITE) EA 15,000.00$ 2 2 30,000.00$ ITERIS Nema TS-2 Type P38 Cabinet (ECONOLITE) EA 21,000.00$ 1 1 21,000.00$ ITERIS P44 TS2 Cabinet (ECONOLITE) EA 27,000.00$ 5 5 135,000.00$ ITERIS "D" Panel (ECONOLITE) EA 1,200.00$ 1 1 1,200.00$ ITERIS UPS w/ Side-Mounted Cabinet (MYERS) EA 6,600.00$ 3 3 19,800.00$ 872,430.00$ TOTAL
ITERIS FURNISHED ITEMS
295
Agenda Item
City Council
Item #: 3.14. 3/8/2022 File #: 22-0071
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Dave Curtis, Library Services Director
1. SUBJECT
Appropriation of $1,000 in designated grant funding received from Tangled Bank Studios and PBS Nature.
2. SUMMARY
Grant funds from Tangled Bank Studios and PBS Nature will be used to enhance and expand the Library’s programming and resources for children, teens, and adults.
3. RECOMMENDED ACTION
1. Accept into the City’s revenue budget $1,000 in grant funds from Tangled Bank Studios and PBS Nature into revenue account number 100.2001.45495.30199, General Fund - #PlantWildflowers Initiative Grant.
2. Authorize the appropriation of $1,000 into expenditure account number 100.2016.53340.30199 General Fund - #PlantWildflowers Initiative Grant.
4. FISCAL IMPACT
The total appropriation for these grants is funded by the additional revenue received from Tangled Bank Studios and PBS Nature.
5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community e: Develop and strengthen collaborative partnerships to enhance and promote quality of life programs, projects and services.
6. DISCUSSION AND BACKGROUND
The Orange Public Library has been awarded a #PlantWildflowers Initiative Grant for Fiscal Year 2021-2022 (FY22). Tangled Bank Studios and PBS Nature have generously provided funding to develop environmentally-themed programs and displays at the 3 Library locations. The Library will partner on programming with local community groups including Orange Home Grown, UCCE Master Gardeners of Orange County, UCCE Master Food Preservers OC, Backyard Bees, and California Native Plant Society. Programs will focus on the importance of pollinators in the community, and attendees will learn about beekeeping and various uses of honey and beeswax. Participants will also receive free regional wildflower seed packets and seedlings to encourage planting of native gardens.
Programs will be presented during March through June 2022. All funds must be spent or encumbered City of Orange Printed on 3/3/2022Page 1 of 2
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by the end of June 2022.
7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.14. 3/8/2022 File #: 22-0071
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Dave Curtis, Library Services Director
1. SUBJECT
Appropriation of $1,000 in designated grant funding received from Tangled Bank Studios and PBS Nature.
2. SUMMARY
Grant funds from Tangled Bank Studios and PBS Nature will be used to enhance and expand the Library’s programming and resources for children, teens, and adults.
3. RECOMMENDED ACTION
1. Accept into the City’s revenue budget $1,000 in grant funds from Tangled Bank Studios and PBS Nature into revenue account number 100.2001.45495.30199, General Fund - #PlantWildflowers Initiative Grant.
2. Authorize the appropriation of $1,000 into expenditure account number 100.2016.53340.30199 General Fund - #PlantWildflowers Initiative Grant.
4. FISCAL IMPACT
The total appropriation for these grants is funded by the additional revenue received from Tangled Bank Studios and PBS Nature.
5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community e: Develop and strengthen collaborative partnerships to enhance and promote quality of life programs, projects and services.
6. DISCUSSION AND BACKGROUND
The Orange Public Library has been awarded a #PlantWildflowers Initiative Grant for Fiscal Year 2021-2022 (FY22). Tangled Bank Studios and PBS Nature have generously provided funding to develop environmentally-themed programs and displays at the 3 Library locations. The Library will partner on programming with local community groups including Orange Home Grown, UCCE Master Gardeners of Orange County, UCCE Master Food Preservers OC, Backyard Bees, and California Native Plant Society. Programs will focus on the importance of pollinators in the community, and attendees will learn about beekeeping and various uses of honey and beeswax. Participants will also receive free regional wildflower seed packets and seedlings to encourage planting of native gardens.
Programs will be presented during March through June 2022. All funds must be spent or encumbered City of Orange Printed on 3/3/2022Page 1 of 2
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by the end of June 2022.
7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.15. 3/8/2022 File #: 22-0086
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Bonnie Hagan, Assistant City Manager/Community Services Director
1. SUBJECT
Appropriation of $24,738 in revenue from user group sports field maintenance.
2. SUMMARY
Collected revenues are recommended to be appropriated for sports field maintenance.
3. RECOMMENDED ACTION
1. Accept into the City’s revenue budget a $24,738 reimbursement into account number 100.7022.42480.00000, General Fund - User Group Maintenance Fees.
2. Authorize the appropriation of $24,738 into expenditure account number 100.7022.51424.00000, General Fund - User Group Maintenance Fees.
4. FISCAL IMPACT
The revenue received funds the requested appropriation.
5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces.
6. DISCUSSION AND BACKGROUND
Sports Field Maintenance and Renovation Reimbursement
The Community Services Department developed a cooperative program with ongoing youth sports groups to fund annual maintenance and renovation of sports fields, based on significant wear resulting from repetitive use. After each season, the City contracts for the renovation work to bring fields up to City standards. User groups reimburse the City based on a formula for multi-use fields, or actual amounts for work performed on a single-user field. This process allows for equitable contributions by each user group and avoids any potential liability issues that may arise from unauthorized contractors doing work on City property.
The City billed a total of $9,732 to four approved user groups for applicable field maintenance at El Modena Park this Fiscal Year to date. These groups include CSR, Olive Pony, Orange Lutheran High School, and Oso Baseball. Additionally, South Sunrise Little League and Orange Youth Football requested contracted cleanings for their permitted concession buildings. The City billed South Sunrise Little League $912 and Orange Youth Football $944 for these cleanings. Finally, the City billed an additional $13,150 to South Sunrise Little League in February 2022 for recent infield City of Orange Printed on 3/3/2022Page 1 of 2
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renovations per their request at McPherson Athletic Facility.
Summary of Revenue Sources
The total appropriation request is $24,738.
Revenue Source Total Collected Location
CSR $5,226.53 El Modena Park
Olive Pony 2,255.50 El Modena Park
Orange Lutheran High School 1,681.84 El Modena Park
Oso Baseball 568.13 El Modena Park
South Sunrise Little League 14,062.00 McPherson Athletic Facility Orange Youth Football 944.00 Hart Park
TOTAL $24,738.00
7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.15. 3/8/2022 File #: 22-0086
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Bonnie Hagan, Assistant City Manager/Community Services Director
1. SUBJECT
Appropriation of $24,738 in revenue from user group sports field maintenance.
2. SUMMARY
Collected revenues are recommended to be appropriated for sports field maintenance.
3. RECOMMENDED ACTION
1. Accept into the City’s revenue budget a $24,738 reimbursement into account number 100.7022.42480.00000, General Fund - User Group Maintenance Fees.
2. Authorize the appropriation of $24,738 into expenditure account number 100.7022.51424.00000, General Fund - User Group Maintenance Fees.
4. FISCAL IMPACT
The revenue received funds the requested appropriation.
5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces.
6. DISCUSSION AND BACKGROUND
Sports Field Maintenance and Renovation Reimbursement
The Community Services Department developed a cooperative program with ongoing youth sports groups to fund annual maintenance and renovation of sports fields, based on significant wear resulting from repetitive use. After each season, the City contracts for the renovation work to bring fields up to City standards. User groups reimburse the City based on a formula for multi-use fields, or actual amounts for work performed on a single-user field. This process allows for equitable contributions by each user group and avoids any potential liability issues that may arise from unauthorized contractors doing work on City property.
The City billed a total of $9,732 to four approved user groups for applicable field maintenance at El Modena Park this Fiscal Year to date. These groups include CSR, Olive Pony, Orange Lutheran High School, and Oso Baseball. Additionally, South Sunrise Little League and Orange Youth Football requested contracted cleanings for their permitted concession buildings. The City billed South Sunrise Little League $912 and Orange Youth Football $944 for these cleanings. Finally, the City billed an additional $13,150 to South Sunrise Little League in February 2022 for recent infield City of Orange Printed on 3/3/2022Page 1 of 2
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renovations per their request at McPherson Athletic Facility.
Summary of Revenue Sources
The total appropriation request is $24,738.
Revenue Source Total Collected Location
CSR $5,226.53 El Modena Park
Olive Pony 2,255.50 El Modena Park
Orange Lutheran High School 1,681.84 El Modena Park
Oso Baseball 568.13 El Modena Park
South Sunrise Little League 14,062.00 McPherson Athletic Facility Orange Youth Football 944.00 Hart Park
TOTAL $24,738.00
7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.16. 3/8/2022 File #: 22-0124
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Dave Curtis, Library Services Director
1. SUBJECT
Appropriation of $26,000 in designated donation funding received from the Friends of the Orange Public Library.
2. SUMMARY
This $26,000 donation will be used to provide equipment to preserve City of Orange history, books to enhance and expand the Library’scollections, and purchase comfortable furniture for use by the public.
3. RECOMMENDED ACTION
1. Accept into the City’s revenue budget a $26,000 donation from Friends of the Orange Public Library into revenue account number 100.2001.48390.19990, General Fund - Friends of the Library.
2. Authorize the appropriation of $26,000 to the following expenditure account numbers in the General Fund for Friends of the Orange Public Library (19990):
$ 5,000 100.2001.53301.19990 Library Books
5,000 100.2001.55131.19990 Furniture, Machinery, and Equipment 1,000 100.2016.53340.19990 Craft Supplies
15,000 100.2016.55131.19990 Furniture, Machinery, and Equipment
4. FISCAL IMPACT
The total appropriations for this donation are funded by the additional revenue received from the Friends of the Orange Public Library.
5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community e: Develop and strengthen collaborative partnerships to enhance and promote quality of life programs, projects, and services.
6. DISCUSSION AND BACKGROUND
The Friends of the Orange Public Library (Friends) is donating $26,000 to meet various Library needs, including:
1. $5,000 to purchase adult nonfiction for the three Library locations.
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2. $5,000 to purchase tables, chairs, and displays for the Library’s public areas.
3. $1,000 for the 2022 Orange Public Library Comic-Convention.
4. $15,000 for a microfilm reader/scanner and attached desktop computer for the History Center to provide in-house digitization of microfilm and microfiche.
The Orange Public Library will publicize the Friends’contributions in a variety of ways, including bookplates where appropriate, and credit for programming support on the Library’swebsite, flyers, and social media.
7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.16. 3/8/2022 File #: 22-0124
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Dave Curtis, Library Services Director
1. SUBJECT
Appropriation of $26,000 in designated donation funding received from the Friends of the Orange Public Library.
2. SUMMARY
This $26,000 donation will be used to provide equipment to preserve City of Orange history, books to enhance and expand the Library’scollections, and purchase comfortable furniture for use by the public.
3. RECOMMENDED ACTION
1. Accept into the City’s revenue budget a $26,000 donation from Friends of the Orange Public Library into revenue account number 100.2001.48390.19990, General Fund - Friends of the Library.
2. Authorize the appropriation of $26,000 to the following expenditure account numbers in the General Fund for Friends of the Orange Public Library (19990):
$ 5,000 100.2001.53301.19990 Library Books
5,000 100.2001.55131.19990 Furniture, Machinery, and Equipment 1,000 100.2016.53340.19990 Craft Supplies
15,000 100.2016.55131.19990 Furniture, Machinery, and Equipment $ 26,000
4. FISCAL IMPACT
The total appropriations for this donation are funded by the additional revenue received from the Friends of the Orange Public Library.
5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community e: Develop and strengthen collaborative partnerships to enhance and promote quality of life programs, projects, and services.
6. DISCUSSION AND BACKGROUND
The Friends of the Orange Public Library (Friends) is donating $26,000 to meet various Library needs, including:
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1. $5,000 to purchase adult nonfiction for the three Library locations.
2. $5,000 to purchase tables, chairs, and displays for the Library’s public areas.
3. $1,000 for the 2022 Orange Public Library Comic-Convention.
4. $15,000 for a microfilm reader/scanner and attached desktop computer for the History Center to provide in-house digitization of microfilm and microfiche.
The Orange Public Library will publicize the Friends’contributions in a variety of ways, including bookplates where appropriate, and credit for programming support on the Library’swebsite, flyers, and social media.
7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.17. 3/8/2022 File #: 22-0131
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Sean deMetropolis, Fire Chief
1. SUBJECT
Appropriation of $167,910.80 in State of California Office of Emergency Services funding received.
2. SUMMARY
Costs for strike team and individual overhead deployments represent non-budgeted expenditures for the Fire Department. These costs are reimbursed by the State of California Office of Emergency Services at a later date. Staff is requesting that funds be appropriated into the appropriate expenditure accounts for Fiscal Year 2021-2022.
3. RECOMMENDED ACTION
1. Accept into the City’s revenue budget $167,910.80 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES), into the revenue account numbers for Cal -OES reimbursements as specified in Section 6 of the staff report.
2. Authorize the appropriation of $167,910.80 into the expenditure account number for Overtime- Safety as specified in Section 6 of the staff report.
4. FISCAL IMPACT
The total appropriations for this reimbursement are funded by the additional revenue received from the State of California Office of Emergency Services.
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a. Provide staffing and resources to deliver services that ensure public safety.
6. DISCUSSION AND BACKGROUND
The Orange City Fire Department is a party to a state-level agreement with the State of California Office of Emergency Services (Cal-OES) to provide fire and emergency assistance to state and federal fire agencies. This agreement is managed by Cal-OES and referred to as the California Fire Assistance Agreement (CFAA). Under this agreement, the Orange City Fire Department generally provides resources two different ways: Strike Teams and Individual Overhead.
Strike team deployments involve an Engine Company, or a Battalion Chief, or a Deputy Chief responding to an incident with their vehicle, as part of a multi-agency team. Individual Overhead resources respond to fill a specific role for an incident, such as Safety Officer or Line Emergency City of Orange Printed on 3/3/2022Page 1 of 2
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Medical Technician (EMT).
Upon return from an incident, reimbursement paperwork and invoices are submitted to Cal-OES. The Fire Department recently received a reimbursement payment for Dixie Fire for $167,910.80. Staff is requesting that funds be appropriated into the appropriate expenditure accounts for Fiscal Year 2021- 2022. The additional funds will reimburse Fire Department overtime and travel expenditures incurred during these incidents.
Staff recommends acceptance of revenue and appropriation of expenditures as follows:
Cal-OES reimbursements for the Dixie Fire:
$ 167,910.80 100.3024.48212.40274 - Reimbursement from Cal EMA $ 167,910.80 100.3024.50221.40274 - Overtime-Safety
7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.17. 3/8/2022 File #: 22-0131
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Sean deMetropolis, Fire Chief
1. SUBJECT
Appropriation of $167,910.80 in State of California Office of Emergency Services funding received.
2. SUMMARY
Costs for strike team and individual overhead deployments represent non-budgeted expenditures for the Fire Department. These costs are reimbursed by the State of California Office of Emergency Services at a later date. Staff is requesting that funds be appropriated into the appropriate expenditure accounts for Fiscal Year 2021-2022.
3. RECOMMENDED ACTION
1. Accept into the City’s revenue budget $167,910.80 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES), into the revenue account numbers for Cal -OES reimbursements as specified in Section 6 of the staff report.
2. Authorize the appropriation of $167,910.80 into the expenditure account number for Overtime- Safety as specified in Section 6 of the staff report.
4. FISCAL IMPACT
The total appropriations for this reimbursement are funded by the additional revenue received from the State of California Office of Emergency Services.
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a. Provide staffing and resources to deliver services that ensure public safety.
6. DISCUSSION AND BACKGROUND
The Orange City Fire Department is a party to a state-level agreement with the State of California Office of Emergency Services (Cal-OES) to provide fire and emergency assistance to state and federal fire agencies. This agreement is managed by Cal-OES and referred to as the California Fire Assistance Agreement (CFAA). Under this agreement, the Orange City Fire Department generally provides resources two different ways: Strike Teams and Individual Overhead.
Strike team deployments involve an Engine Company, or a Battalion Chief, or a Deputy Chief responding to an incident with their vehicle, as part of a multi-agency team. Individual Overhead resources respond to fill a specific role for an incident, such as Safety Officer or Line Emergency City of Orange Printed on 3/3/2022Page 1 of 2
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Item #: 3.17. 3/8/2022 File #: 22-0131
Medical Technician (EMT).
Upon return from an incident, reimbursement paperwork and invoices are submitted to Cal-OES. The Fire Department recently received a reimbursement payment for Dixie Fire for $167,910.80. Staff is requesting that funds be appropriated into the appropriate expenditure accounts for Fiscal Year 2021- 2022. The additional funds will reimburse Fire Department overtime and travel expenditures incurred during these incidents.
Staff recommends acceptance of revenue and appropriation of expenditures as follows:
Cal-OES reimbursements for the Dixie Fire:
$ 167,910.80 100.3024.48212.40274 - Reimbursement from Cal EMA $ 167,910.80 100.3024.50221.40274 - Overtime-Safety
7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.18. 3/8/2022 File #: 22-0088
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Director of Public Works
1. SUBJECT
Approval of specifications for Fire Hydrant Painting Services Project, and authorization to advertise for bids.
2. SUMMARY
Specifications have been completed for Fire Hydrant Painting Services Project. The project is ready to be advertised for bids. The initial one-year cost estimate is $55,000.
3. RECOMMENDED ACTION
Approve the specifications and authorize advertising for bids for the Fire Hydrant Painting Services project; Bid No. 21-22.29.
4. FISCAL IMPACT
The total expenditure for this project is $55,000 and will be funded through Water Fund (600).
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.
Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.
6. DISCUSSION AND BACKGROUND
Fire hydrants are important assets that help to ensure that the City’s water distribution system functions efficiently and properly. Besides annually flushing, painting of these fire hydrants proves to be critical with extending the service life. With over 4,400 fire hydrants within the City service area, the Water Division has been retaining contractors to paint approximately 1,100 fire hydrants per fiscal year to complete the four-year cycle of fire hydrant painting in the City. The scope of work includes traffic control, removal of grease, oil, loose paint, dirt, foreign materials, and painting with all necessary labor, equipment, and materials.
The term of the contract is for one year with an option to renew the contract annually for a total of three more years if the City is satisfied with the level of service from the contractor. The cost estimate for a one year service is $55,000. Each subsequent year is subject to a formula-based consumer price index (CPI) with an adjustment cap of no greater than 2%. Approval of the City of Orange Printed on 3/3/2022Page 1 of 2
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extensions will be based on performance and will be executed by the City Manager.
7. ATTACHMENTS
· City of Orange Service Area Map
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Agenda Item
City Council
Item #: 3.18. 3/8/2022 File #: 22-0088
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Director of Public Works
1. SUBJECT
Approval of specifications for Fire Hydrant Painting Services Project, and authorization to advertise for bids.
2. SUMMARY
Specifications have been completed for Fire Hydrant Painting Services Project. The project is ready to be advertised for bids. The initial one-year cost estimate is $55,000.
3. RECOMMENDED ACTION
Approve the specifications and authorize advertising for bids for the Fire Hydrant Painting Services project; Bid No. 21-22.29.
4. FISCAL IMPACT
The total expenditure for this project is $55,000 and will be funded through Water Fund (600).
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.
Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.
6. DISCUSSION AND BACKGROUND
Fire hydrants are important assets that help to ensure that the City’s water distribution system functions efficiently and properly. Besides annually flushing, painting of these fire hydrants proves to be critical with extending the service life. With over 4,400 fire hydrants within the City service area, the Water Division has been retaining contractors to paint approximately 1,100 fire hydrants per fiscal year to complete the four-year cycle of fire hydrant painting in the City. The scope of work includes traffic control, removal of grease, oil, loose paint, dirt, foreign materials, and painting with all necessary labor, equipment, and materials.
The term of the contract is for one year with an option to renew the contract annually for a total of three more years if the City is satisfied with the level of service from the contractor. The cost estimate for a one year service is $55,000. Each subsequent year is subject to a formula-based consumer price index (CPI) with an adjustment cap of no greater than 2%. Approval of the City of Orange Printed on 3/3/2022Page 1 of 2
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extensions will be based on performance and will be executed by the City Manager.
7. ATTACHMENTS
· City of Orange Service Area Map
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Depot Main
Library
Police
Dept
Water
Plant
Corporation
Yard
Library
Taft
Branch
Police
Headquarter
City
Hall
Library
Town
and
Country
Main
Place
The Village
at
Orange
U.S.
Post
Office
Anaheim Hills
Golf Course
Oak Canyon
Nature
Center
Holy
Sepulcher
Cemetery
Formerly
Ridgeline
Country
Club
Fairhaven
Memorial
Park
Crystal
Cathedral
Edison
Substation
Fire
Stn 8
Fire
Stn 7
Fire
Stn 6
Fire
Stn 5
Fire
Stn 4
Fire
Stn 3
Fire
Stn 2
Fire
Stn 1
C.H.O.C.
UCI
Medical
Center
St. Joseph
Hospital
Chapman
Medical
Center
Weir
Canyon
Regional
Park
Arrowhead
Pond
Anaheim
Stadium
PETERS
CANYON
RESERVOIR
VILLA
PARK
DAM
The
Block
at
Orange
El
Modena
Branch
The Island
Golf
Center
Super Sport
Golf & Recreation
Center
Chamber of
Commerce
IRWD
Santiago Hills
Reservoir
Santiago Canyon
Landfill
Edison
Park
Lincoln
Park
Pioneer
Park
Juarez
Park
Boysen
Park
Ponderosa
Park
El Camino
Real
Park
Santa Fe
Depot
Park
Shaffer
Park
Olive
Park Eisenhower
Park
Handy
Park
Pitcher
Park
Yorba
Park
La Veta
Park
Grijalva
Community
Park
El
Modena
Park
Olive Hills
Park
Belmont
Park
Peralta
Canyon
Park
Pelanconi
Park
Imperial
Park
Serrano
Park
Cerro Villa
Park
Santiago
Hills
Park
Oak
Park
Canyon
Rim
Park
Rio Vista
Park
Killefer
Park
Hart
Park
Riverdale
Park
Santiago Oaks
Regional Park
and Nature Center
Irvine
Regional
Park
Peters Canyon
Regional
Park
Fred Barrera
Park
El Modena
High
School
McPherson
Youth Sport
Facility
Orange
High
School
Canyon
High
School
Villa Park
High
School
Yorba
Middle
School
Cerro Villa
Middle
School
Taft
Elementary
School
California
Elementary
School
Serrano
Elementary
School
Villa Park
Elementary
Handy
Elementary
School
Fletcher
Elementary
Linda Vista
Elementary
School
Anaheim Hills
Elementary
School
Esplanade
Elementary
School
Jordan
Elementary
School
Chapman Hills
Elementary
School
Santiago
Charter
School
McPherson
Magnet
School
Career
Education
Center
Richland
High
School
Fairhaven
Elementary School
La Veta
Elementary
School
Palmyra
Elementary
School
Cambridge
Elementary
School Prospect
Elementary
School
Portola
Middle
School
Lampson
Elementary
School
West Orange
Elementary
School
Crescent
Primary
School
Riverdale
Elementary
School
Nohl Canyon
Elementary
School
Olive
Elementary
School
Crescent
Intermediate
School
Imperial
Elementary
School
Sycamore
Elementary
School
Santiago
Canyon
College
Chapman
University
Canyon Rim
Elementary
School
Panorama
Elementary
School
CULVER
CYPRESS
GRANDORANGE
OLIVE
ST
ST
ADAMS
AVE
AVE
MONROE
LOCUST
AVE
MADISON
AVE
AVE
AVE
O'DONNELL WAY
ST ST
ST
ST
ST
ST
ST
PIXLEY
ST
METROPOLIT AN
RAMPART
RD
DEVON
AVE
BUSH ST
ST
DR
SPR UCEAVE
PA
LM
DR
ARBOR WAY
ST
BIRCH
ALVAREZ AVE
COTTONW
O
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D
ST
SOUTHERN AVE
PACIFIC ST
AVE
MEATS
RAMONA ST
SANTA
HARTMAN
ST
ST
PLUM
RD RD
AVE
HEARTHSIDE STBEECHWOOD ST
AVE
AVE
ANA
CANYON
SANTA CECILIA ST
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PALM AVE
RD
GLENDORA
ST
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D
DEL MAR
FERNDALEST
NORTHUMBERLAND RD
MAPLEWOOD
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ST
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ST
ST
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ST
WAY
CLEVELAND ST
HARWOOD ST
PINE ST
CENTER STBLAKE ST
ST
NEVILLE
ST. THOMAS
ST
MAIN
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WILSON
ST
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AVE
AVE
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ST
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ENTERPRISE ST
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ST
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ST
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LIME
ALMOND AVE
FAIRWAY DR
CLARK
PARKER
ST
ST
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AVE
CITRUS
LEMON
AVE
BARKLEY
LEMON
CYPRESS ST
STRUCK AVE
BRIAN ST
ST
GROVE
AVE
ST ST
FALLBROOK DR
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ST
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FREEDOM AVE LN
AVE
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ST
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ST
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BRIARDALEMARQUART ST
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VANOWEN
ST
WILSON
AVE
BARKLEY
LOMITA
OAKMONT AVE
AVE
AVE
ST
ST
CALIFORNIA
OAKMONT
ST
WILSON
AVE
DR
MAYFAIR
EVERETTEVERETT
GRAND WAVERLY
MADISON AVE
STST
ROSE AVE
ST AVE
MAPLEWOOD
ORANGE
ORANGE
PINECLEVELANDHARWOOD
ST ST
ST
ST
CENTURY
AVE
SHATTUCK
WATER ST
M
ONTEREY
AVE
AVE
VAN BIBBER AVE
PINECULVER
CHALYNN CIR
ST
MARDELL
CHALYNN AVE
AVE
ROSEWOOD AVE
TOLUCA AVE
AVE
LAKE DR
AVE
FAIRWAY
SEBA AVE
FAIRWAY
DR
YOUNG
CIR
PENN DR
CALIFORNIA STGREENGROVE DR
ST
ST
LINCOLN
OAK ST OAK ST
PLSHATTUCK
LE
DANA AVE
BARKLEY
ST
HIGHLAND
ST
NORDIC PL
SHATTUCK
LINCOLN ST
CORAL AVE
ONYX
VANOWEN AVE
HIGHLAND
FORD
LINCOLN
DEL MAR AVE
NAMURIA
DARBY
FRANKI ST
ST
BOOM AVE
LUCIA ST
GAYLE
RD
RIVERVIEW AVE
ST
KODIAK
SANTA
RAINIER
ST
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N
W
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TREE
DR
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AMOS
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RIDINGW
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HILLCREST
PL
ELMWOOD
AVE
AVE
AVE
ADAMS
WILSON
QUINCY
JACKSON
REMBRANDT CIR
WYETH CIR
REUBENS CIR
VAN GOGH CIR
AVE
AVE
AVE
PARK
HART ST
MAYFAIR
EVERETT
AVE
ST
FERN
ST
ELMWOOD
ST
MILFORD
AVE
CLINTON STHANDY ST
PARK
SYCAMORE
ALMOND AVE
AVEPALMYRA WASHINGTON
CAROLE LN
TRACY LN
JENNIFER LN
LN
ST
LA KESIDE
AVE
AVE
WHEEL
WAY
DR
DR
DR
WAY
BREEZY
LN
FAIRMONT WAY
WAY
ROSALINDLORETTA
DR
DR
LORETTA
LOWRY
WHEELERMALENA
PL
DR
LAURINDA
DR
FIELDSTONE
FLINT DR
AVE
STEARNS
ROMELLE
W
ELLINGTON RD
COATE RD
DR
DR
DOROTHY
LN
KATHLEEN
LITTLE LN
LN
ALMOND AVE
AVE
LAUREL DR
ST
HART
QUINCY
WANDA
AVE
OAKFIELD
SERRANO BR
YNM
AR
DR
PARK LNRIDGE
LN
MAPLE
G
ROVE
RD
RD
CHAPEL HILLRD
ECHO HILL WAY
LONGRIDGE
ROCKRIDG
E
L AKE HILL
DR
RD
MARYWOOD
RIDGEW AY
ABBEYLN
COPPER KETTLE
ST
W
ATERFORDWHITESPRING
WAY
LN
W ESTRIDGE DR
OPAL
MORI
LN
PAMI
CIR
ROSE AVE
HAMILTON AVE
RYAN
ROBBIE CIR
AVE
GROVE
JEROME ALMA
ST LN
ADAMS
CIR
ADAMS RANCH RD
DR
CIR
AVE
ST
DEL VALLE
EL CARMEN AVE
WAY
AVE
CIR
GOLDEN
ST
STSERANADO
AVE
EARLHAM
SILVERLEAF
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THOMAS
JAMES
VINE
PEARL
OLYMPIA WAY
SERANADO ST
ALANDA
STJAMES
PL
RD
PL
GAINSBOROUGH
RD CASSELLE
FERNWOOD
WOODLAND
DUNAS
OLYMPIA
PALOMAR
ST
ST
AVE
COLBOW ST
SWAN
WHITE DOVE AVE
EQUESTRIAN LN
BLUE JAY AVE
GOOSE ST
BALLIET
PATRICIAN DR
LOMAS CIR
WAY
AVE
AMATE CIRPLATANAL DR
ST
KNU
TH
CIR
LUDWIG
ST
WILDWOOD
DR
TRITTCIR
DRCERRO
VI L LA DR
MESA
VALLEY
DR
HAZEL
CIR
HENDERSON W A Y
OAKHURST
ST
DR
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C
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KINGSGATE
REGENCY
DR
CANYON CIR
MESA
HUNTING
CIR
DR
HIDDEN
VALLEY
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CIR
OLD
RANCH
CIR
MODOC
ST
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LIN
DA
VISTA
GRANAD A D R
MUIRDR
CAPISTRANO
PALO ALTO
LOS ALTOS
PL
PLPL
MONTECITO
PL
ST
CHERRYWOODRANCHROAD DR
BRIDLE PATH
COUNTRY
HOLLOW
RENEE STTHORA
ST
AVENID
A PALMAR
ROCKING
HORSE WAY
WESTVIEW
PEARL ST
WAY
STILLW
ATER
AVE
SINGINGWOOD
ST
MEADS
DR
JAM
ES
TOW
N
W
AY
SARATOGA
ST
CABRILLO
TETON
H IDDEN OAKS LN
WINDES
LEWIS DR
DR
SANDBERG
LN
ST
CLARK ST R
A
NDALL
STALLION STWILDERNESS
AVE
ST
CLYDESDALE AVE
ST
RIDG
ELINE
RD
ACRE PL
COYOTE
LN
AVE
CIR
HOR S ESHOE RD
SADDLEBACK
CAM B RIA CIR
SNOW
ORANGE
REMO
BRA
M
BLES
RANCH
W
OODDR
TRL
LA KEVIE W TRL
LEMON
EUCALYPTUS
CLOVER
RIDGEVIEW
DR
OVERHILL
AMBERVALE LN
COW
AN
HEIGHTSDR
RD
TEALCIR
DRAKE DR
CIR
LN
SCENIC
CIR
DR
KNIGHTS
SP Y GLASS CIR
WILLOWI CK DR
MEADOWBROOK ST
CHAPARRAL DR
CLARIDGE
DR
PL
SHOPPER-
ENTER-
EA
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ST
JUSTICECIR
OLYMPIA WAY
AVE
MAPLE AVE
SWIDLER ST
CT
CENTER ST
SWALLOW AVE ROBIN
ST
ST
AVE
JUNIPER
AVE
ROSANNE
CIR
GLORIA
CIR
CAROLYN
CIR
CIR
AVE
CHESTNUT
BROOKSIDE
PARKSIDE AVE
FIRESIDE
STRATFORD
CIR
CORAL
LINCOLN ST
LINCOLN
LN
AVE
PARKRIMCIR
VIA
D
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BOONE
CIR
LN COLUMBUSWAY
DE SANTIAGOCANYON
VIEW POINT
TURN-
ABOU
T
LN
ALDEN PL
LN
PL
OA
KSTONE
W
AY
LN
DR
ST
AVE
SHAK
ESPEARE
ST
ST
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WRANGLER CIR
CHANDLE
R
RANCH
RD
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N
DR
CALLE GRANDE
CALLE
BA
JA
CANYON RDG
L
ACUMBRE
BUCKSKIN
W
AY
LACUMBREDR
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CRESTVIEW
SYCAMORE
OLIVE
MAPLE
DR
TRL
TRL
WINLOCK
RIDGEWOOD
CHEYENNE STANTONIO CIR
ARMSTRONG CIR
WOODBINE
VERDE
JANICECIR
VILLA IS LE
ALICE LN
AVECOURTLAND
ST
ALDERLY LN
ARLINGTON RD
DANA PL
DEL MAR
GARNET AVE
H AR
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ST
HIDDEN TRAIL
LAEL DR
VALLEY
RD
WAY
H
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RD
LESTER DR
LAKEVIEW AVE
CRESCENT DR
CHRISALTA WAY
CAMINO PIZON
LA PALMA AVE
WHITE STAR AVE
LA PALMA LA PALMA AVE
FRONTERA ST
PL
CAROUSEL
TAORMINA DR
CHANTILLY ST
BETH CIR
LINCOLN AVE
WESTPORT DR
PURITAN PL
ST PEREGRINE ST
CHANTILLYALDEN AVE
RESEDA
JAMBOLAYA ST
VALE AVE
STNORDICA
CHANTILLY ST
AMES
SUNKIST ST
MARJAN ST
CARDIFF ST
CIR
MAVERICK AVE
NORM PLAVE
STRONG PLST
CARDIFF ST
HILDA ST
CHANTILLY ST
PL
LAKESIDE
CARPENTER
AVE
DR
ST
ST
GELID AVE GELID
LARAMIETORRY PL
ALKIALKI ST
PL
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SANTA ANA CANYON RD
SANTA ANA CANYON RD
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LOOKOUT LN
TWIN PEAK
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DR
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STANFORD CT
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FAIRMONT
BLVD
CANYON RIM RD
CALLE DEL NORTEVIA ESTRADA
VIA ABROLES
PASEOLUCERO
PASEO DE LUNA
RANCH VIEW
CIRCULO
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VIA CORRAL
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PASEO GANADO
PASEO
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PASEO FIESTA
VIA ENCINA
VIAMADERA
COUNTRY
CLUB
LN
BLACKBIRD
LN
QUAIL
CIR
MOCKIN GBIRD
HUMMINGC IRDCIR
BUNTING CT
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FLICKER
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WALNUT
RD
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CIR
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ST
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ST
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DENISE AVE
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VI STA POINT DR
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ST
DR
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CIR
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DR
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CARDINAL CIR
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MAY CT
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HART ST
ENTERPRISE ST AVE
CASE
ST
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PL
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LN
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LAUREL-
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PL
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PL
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DR
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DR
DR CIR
ABERDEEN LN
PL
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SADDLEWOOD
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CIR
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ALMONT AVE
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DR
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JETTY DR
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HALYARD LN
GRANT PL
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TW INTREEANZIO ST
ADRIAN CIR
MARCELLA LN
PARK LN
SHARON RD
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PATTI LN
TRASK AVE
SANTA CLARA CIR
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OLD ORCHARD
LN
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VIEW
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DR
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PALM AVE
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ST
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PEREGRINE ST
ST
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PL
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PL
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TRYON AVE
HILDA
ST
AVE
SHIRLEY ST
TALT AVE
PAGE CT
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SUNKIST ST
ST
SUNKIST
DOUGLAS RD
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ST
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CIR
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PLYMOUTH PL
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STAY
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RANDY
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PL
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LEWIS ST
WHITECAP AVE
GROVE AVE
SYLVAN CIR
AVE
PAMPAS ST
HEARTHSIDE STBEECHWOOD ST
DUNTON AVE
REDWOOD
EMERSON AVE
AVE
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VISTA DEL PLAYA
AMBER AVE
TORRES ST
QUINCY AVE
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MONROE AVE
GARDNER DR
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QUINCY AVE
SHATTUCK ST
RD
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WARBLER PL
HILLSIDE
M
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ST
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GROVE AVE
ST
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CEDAR
ST
DR
ST
CLARK
MARIETTA
MORELAND DR
JAMESON
PL
OAK ST
WAYFIELD ST
LN
HIGHLAND ST
PL
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PL
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LYNN
PL
SHATTUCK
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AVE
CIR
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ST
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PL
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RIVER
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PL
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KELLY AVE
TULAROSA AVE
PINE
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ST
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RIVER BIRCH CIR
FRANK LN
GRAY LN
LOLITAST
A MAPOLA AVE
KENNYMEADFRANK
CR
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SUNDANCE
CIR
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TON
LN
INVERNESS
PL
NAVARRO
PL
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ST
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PL
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WILLOW
SPRINGS RD
MORNINGLORY
WAY
PINTO
WAY
WAY
PRESIDIO
TREEOAK
PL
DR
SHADY
GLEN LN
ARBOR LN
H3
H4
H5
H6
RD
SILKTREE
CIR
ARBOR
WAY
FIR STHOLLY
ST
BITTERBUSH ST
ST
PALM AVE
BEATON
ST
POPLAR ST
CEDAR ST
ASH ST
ELM ST
LITTLE MAIN ST
RIVER TRAIL RD
A1
A2
A3
A4
A5
A6
A7
A8
A9
A10
SHELTON AVE
B8
B11
B9
B4
B6 B10B7
B5
B2
B1 B3
AUBURN
ST
STD
EERW
OOD
C2
ALBYN
AVE
ST
C3
C4
C5
C6
C7
C8
C10 C11
C1
AVE
C9
TRAILSEND LN
C12
C13
C16
C19
C20
C21
C14
C15
C22
C22
AVE
A
M
BERW
OOD
AVE
CT
SALINAS
SAN LUISDR
ST
SANTA
M
ARIA
SPRUCEWOOD AVE
SANTA
LEMONCREEK CIR
SKYLARK
AVE
ST
ELDERWOOD
ASPEN ST
RD
FORT RD
D2
D2
D7
H7H8
H9H10
CT
D8
RIDGE D1
D4
D2
D3
D9
D10
RD
D5
OLD CAMP
PL
LOREDO
C18
C17
D6
BAKERC23
C23
C24
C25 C26 C27
C22
C22
E9
E3
E1
E4
E5
E6
E7
E8
E2
WHITEOAKRDG
LAWSON WAY
PARKER ST
PLAZA
UNIVERSITY
DR
ORANGE ST
PARK CENTRAL
PARK BALBOA AVE
AVE
FERN
EVENING
ST
SPRINGFIELD
EL PRADO
LOUISE PL
MARIE PLPOINSETTIA DR
LILAC LN
LA LINDA
LINDA
CIR
PROVIDENCE
AVE
PEPPE
R
ST
FAIRMONT ST
M
AIN
PLACE
DR
CAMILLE CIR
MARKS WAY
JACARANDA CENTER
BEVERLY
EMERALD
DR
DU PON T DR
CANFIELD
GLENDALE AVE
BUCKEYEWOOD
AVE
GATES GENESSEE
EMERSON
CHOUTEAU
HEARTHSIDE
KEOKUK
MAPLEWOOD
CRESCENT
CITRUS
SILVERWOOD
AVE
PINE ST
BURTON AVE
GENESSEE
CENTER
QUAIL
ELSINORE AVE
CATALINA
RIVER TRAIL RD
DR
ROSALIND
HEATHERSTONE DR
AVE
CUNNINGHAM
DANBURY
VIA PORTO
WINTHROPE
DOROTHY
RDG
CEDARWOOD
CONSTITUTION
OXFORD CT
HEATHERSTONE
SANDPIPER
CIR
SANPL
CORRIDA
EAGLE AVE
RED ROBIN ST
BUSH
BUTTON-
GLACIER ST
EVERGLADES
CIR
RUSHMORE
RIDGEWOOD
WALKER RANCH CIR
LAS FLORES CIR
HILLCREST
KATHLEEN
FRANCISCO DR
WELLINGTON
HUNTINGTON
COVINGTON
PROVIDENCE
WILDWOOD
CREEK
RICHLAND AVE
RAINIER
RIVERVIEW
MEADOWBROOK
GLENDALE AVE
WAY
WAY
WAY
SAN
MARCOS
PRESCOTT
LAGUNA
CIR
ROCK CREEK
MARIGOLD
LN
MANCHESTER
AVE
JACKSON AVE
VIA TARANTO
VIA LUCERA
ALDERWOOD
AVE
CLINTONMILFORD
CIR
PORTS-
MOUTH CIR
MONROE
AVE
WESTWOOD
KILLINGSWORTH
WASHINGTON
ROBINHOOD CIR
FLINTRIDGE
LACONIA
CIR
LAKE
CRATER
SARITA
MUSTANG AVE
ST
CANYON
ST
TALBOT
SWELL
LN
VIA FERRARI
JEANNINEDR
ALICE WAY
PARK VISTA ST
BETH ST
VIA MARSALA
VIA REMO
VIA TRIESTEVIA MARCO
SHERI ST
FAIRBAIRN STBIXBY
ORANGE AVE
LN
CT
DR
BUENA
BUTTERFIELD RD
GAYLE STST
SAN ALANO
SAN BRUNO
GREENLEAF
BROOKSHIRE
DR
SQUIR E
S
CIR
CLINTON ST
MILFORD ST
HARDING
CARMEL DR
VICTORIA DR
ORANGE GROVE
AVE
MAPLEWOODMAGNOLIA
MAPLEWOOD
AUTUMNHILL
WAY
DRESSAGE
ST
AVE
KLAMATH
RAMON
WARD TERRACE
WARD TERRACE
WAY
OLANA
AMERICAN WAY ST
MAPLEWOOD
GREENGROVE
HAYFORD
LISA PL
PALMYRA
WEST
CORNWALLAVESTHURST
AVE
HILLSBOROUGH
AVE
AVE
AVE
ASHFORD
AVE
BAKER
ST
WESTWOOD
WESTWOOD AV
ST
CALVO DR
KEEGAN WY
KOOTENAY
PLSHASTA WY
LASSEN DR
RAINER DR
EARLHAM
CABARET
OAK RIDGE
SANDHURST
TAM
A
RISK
DR
LEM
ON
LEAF
MARCY
RANCH
RD
CONVENTRY
FENW
ICK
GLENAIRE
HARROGATE PL
EL ROY DR
HIGHT CREST CIRMYSTIC
LN
HIDEAWAY DR
TERRAC
E
VIEW
HILLSBORD
RD
QUAIL
RUN
HEIGHTS
DR VIEW
RIDGE PA
NO
RA
MA PL
PAN
O
R
AM
A
VIEW
DR
LN
GELID
ST
AV
ST
AV
ST ST
RD
W
Y
BENTON
TWENTY-FOURTH ST
BUSH ST
RIVERSIDE DR
SANTA CLARA AV
RIVER LN
SHARON RD
SANTA CLARA AV
RIVERIA DR
MEMORY LN
JONQUIL RD
PARK LN
NORTH PARK BLVD
OLIVE LNLOWELL LN
STAVAV
MARCELLA LN
ALONA ST
GREENBRIER
POPLAR ST
BO
N
NI E BRAE
HELIOTROPE DR
ACAIA PL
FARMERS DR
ST
ELM ST
ST
MARION
WY
RIVER LN
SHERWIN LN
TOWNERLOUISE
PACIFIC
AV
FORESTAV
SHARON
LAKECREST
DORSETSHIRD
DORIS WY
BRADCIFF
MITTMAN LN
PL
DR
GIMBERT
M
ENUDA PANORAMA
FOWLER
LASSEN
SILVER ST
CONENTRY PL
P EMBROKE
DR
RIDGEWAYDR
VILLADEL C ERRO
BROADVIEW
PL
SHELLY
ROCKY
RD
A
ZUSA
CIR
BAJAPONORAMACIRCULA PANORAMA
BRAE GLEN
STOLLER
LN
MAYNARD
CARMEL
SAYLOR
CRESTHAVEN LN
PHILLIPS
PANORAMA
FISCHBECKPARKVIEW
CHARM
AINE
LN
WIN
W
OOD
LN
AVE HINTO N WAY
DR
DR
C A NYON
CIR
CORALWOOD DR
OVERBROOK DR
HINTON WY
COUNTY LN
COUNTRYHAVEN
ROSALIN DR MALENA DRLAURINDA WYFLINT
DR
WHELLER PLLORETTA DR
FAIRMONT WYLOWRY ST
MALENA DR
M
ALENA
DR
W
HEELER
PL
FLINT DR
ALLEGHENY DRALLEGHENY
MEREDITH
O AK RIDGE
GROVEMONT ST
GROVEMONT ST
RD
BARRETTHILL
PINYON
PINE DRTUMBLE-
WHITE
GOLDEN ROD
LAURINDA
LASSEN WY
PALOMAR WAY
ALLEGHENYDR
ALLEGHENY DR
OAK RI D GEDR
LASSEN DR
BOW PL
SILVER ST MAPLE W Y
GREEN WILLOW CT
VALE AVE
SCOTT
PINOTO LN
GATE
WAY
ORANGEKNOLLDR
ARROYO AV
WICKFORD DR
BRUNSWICK WY
BR
AD
CLIFF
COUNTRY HILLSDR
SAINTVINCENTPL
MUMFORD
EDGEVIEW
BENNINGTON
CIR
C
IRC ULA PANORAMA
BAJA
PANORAM
AVISTA
PANO
RA
M
A
ARROYOAV
HYDEPARK
DR
CT
BARRETT LN
BIMINI
APSLEY
MIRAVISTA
DR
BOCA
CANYON
DR
G
ROVEOAKDR
COTTONTAIL
BRIGH TWOODDR
LONGMONTPL
HUNTSMAN
BRIE R LN
ROCKHURST AV
THORLEYDR
OVERHILL
DR
CIRO
V
ER H ILL DR
COWANHEI GHTS DR
L ADERA
SENDA
OVERHILLDR
G REENBRIER RD
EQUESTRIA N DR
9MIRALAGO
SIRRINEDR
DEERHILL
DR
LASIERRAPL
FRANZEN AVE
ALLEY
ST
W
ES
TONST
KENT
BENTLEY ST
HAMPTON ST
LN
ST
RD
WEED DR
LION DR
DR
DR
TRL
HILL
TRL
CALICOTRL
TRL
WAY
WOOD
BRIERLN
KINGS
HIGHCLIFFDR
BRENT WOODDR
RANGEVIEW
DR
CAS TLEROCK
CHEST
E
RFIELD
ST
M
AR
YS
CIR
COWAN CANYONCIR
RD
SUNDER
LAND
S
T
TIMBERLIN
RAVENSCROFT
N
ORFO
LD
DR
OUTRIDERST
SAINTCLOUD
LN
S
U
NRISE
LN
RD
WY
WY
EXT
CREST
HO LIDAYLN
SAINTMARYS
GRE
ENSB ORO
NAN T UCKET LN TISBURY
WAY
PL
CT
TOWNSEND
AVE
WAY
RIDGE GATE RD
SHADOW
RIDG
E
LN
M
ILLBANK
DR
SHALLOW-
BROOK LN
LEE LN
DIXON AVE
AMAPOLA
ST
TER
ROD
EO
JO
NS
W
AY
VALLEY FORGE DR
NAVARROPALO LOMA
CAMBERA PLLA LIMONAR RD
PERIWINKLESHERRY LYNN DR
FISHER LN
IRONWOOD LN
LEMON HILL
BRUNSWICK
FAIRHAVEN
PL
SUSSEX
DR
EMB URY
ESPLANADE
PARK
EDDY DR
DR
DR
RAINE R DR
ETHELBEE WY
FAIRM
ONT
W
Y
MARSHALL LN
DARMEL PL
OLYMPIA
MT HOOD DR
RAINER DR
WHITNEY
MARTIN
LN
CT
WILLIS LNGREENWALD LN
CANYONTER
DANIGER
PINE
FAIRHAVEN
ALTA
PANORAMA
DR
SPAULDING AVE
FAIRWOOD LN
DEEP WELL RD
MALTA ST
NEWHAVEN
CRANBROOK
SPRINGWOOD
DR
VILLA
ROSE
DRKASSY
THE
BLO
CK
CITY
BLVD
THE CITY W AY
CITY PKWY WEST
DAWN WAY
MEDICAL
CIRSUNNINGDALE
VIATA
TREE DR
SMOKETREE
CIR
WAY
EL MORO
VILLA
RD
LNVIEW
WAY
VIL
LAW
OODS DR
QUEENS
CLOVERCIR
LN
LN
CINO
DR
TER
RD
GRAND
VIEW
RD
CT
ST
ST ST
CIR
WOODRIDGE
ORANGE CENTER DR
DR
MARINE
BRIGANTINE LN
CATAMARAN
VILANUEVA
MAGDALENA DR
SA
N
RAFAEL
CT
DR
CTBONITACT
CT
CT
BOSCANA
CTISABEL
CTHOLLYOAKRDG
G
L
E
NBROOK
LN
MEADS
(ALLEY)
WAY
JONS
WAY
ANAHEIM
ELIZABETH
PL
ORANGETREE
LN
DR
BRIARDALE AVE
PL
HAMBLE-
FAIRPORT
APACHECREEKDR
WAY
PKWY
SAN
HUNSON BAY DR
CROWNPOINT DR
STETSO N CT
STIRRUP
RIDGEMONT
SANDSTONE
HILLGROVECT
CT
CTROCKHURSTDR
ETON
VILLAREAL DR
GROVE AVE
MONTE
RAMA
STRUCK
RDFELDNER
DR
SAGUARO
ST
M
OUNTAIN
AVE
VILLA PARK RD
E16
E17
E11
E14
E15
E12
E13 E10
ST SCHUG
ST
DR
ST
WAY
WAY
ST
VIA LARDO
AVE
PL
TONIAN
QUADRILLEPL
CT RIVER
VALLEY
TRL
WAY
PL
NOHL RANCH RD
VIEW CTTERRACE
POINT RD
ZENITH
VISTA CANYON RDHILL
MANCIR
RIDGECREST
LN
BAYWOOD
AVE
NORDIC DR
LN
BRENNA
GRIJALVA
WY
PALM
AVEPALM
CLIFFW
AY
DR
CL IFF WAY
BIRDCAGE CARLISLE
PL
JIMSON
BLUEBONNETCT
CT
HUMMING-
CT
COSTELLO
PL
TAINMENTWAY
TAINMENT
AVE
WAY
GREENWOOD AVE
PL
AVE
AVENIDA
FARO
FARO
PASEO
CA
R
MEL
DR
WELLS CT
CANADA
BANDERA
CT
PL
WOOD LN
BOLINGRIDGE
DR
ST
CAR V
ER
LN
DREW
MULBERRY LN NOBLE
GROVE
HAMLIN
COLBY
AVEST
KENYON
PL
EL SALVADOR
EL SALVADOR
AVE
AVE
ESPANITA
STESPANITA
ST
EL CARMEN AVE
CHURCH
SMILEY DR
DANIEL LN
HI TOP
LN DR
HILLSIDE
LN
CHIP
W
OOD
ST
AVE
AGUA WAY
M
EDIA
PANORAMA
AVE
AVE
LARKSTONE
CIR
DR
AVE
AVE
TER
ARTNELL
EXT
OLD FOOTHILLBLVD
CT
ST
LA LN CIR
ST
DR
LA
RIAT LN
AVE
WAY WOOD
KIMB E RWI CKE
DR
SHETLAND
LN
MACDONALD
LN
GLEN
DR
VICKIE
ROGERS DR
MEADOW LN
IVY LN
FLYING E LN
DR W
ILDHORSE
CIR
SADDLEHILL TRL
TRL
AVE
AVE
MEADS
DR
HILLSIDE DR
CIR
WOODVIEW
PORTSMOUTH
CIR
HILTON LN
CRESTLINE DR
WAY
DR DR
DR
DR
SANDHURST
PL
WAY
LAKE
KNOL L L AKE LASSEN
DR
ETON
PL
SUSSEX
DR
PKWY
PORTICO
TER
HAMPSHIRE
RD
DREATON
DR
LN
HIGHWOOD DR
CHESHIREEATON CT
FALCONER WAY
SKYTOP CT
CT
HAWKSFIELD WAY
CHADWICKNORFOLK
AVE
SKY GATE
KENDRA
TER
CTSCAR-
PRO
M
ONTORY
SKYLINE
DR
DR
FAIRECLIFF
ANDOVER DR
PARKHURST
DR
DR
FOXW
ORTHCROWN
PARKWAY
PALERMO
CT
SAN LORENZO
CT
SHEPARD
WAY
CIR
CIR
ALEXANDRIA
MONACO
DR
HORIZON
PARAGON
CIR
CHELSEY
CIR
PL
SKYLINE DR
WEYMOUNT
MARTIN-
LN
WILDFLOWER
W
ILLOW
SPRING
RD
CIR
W
ILLOW
G
LEN CIR
BERNARDOVISTA DELCANONVISTA
DELDIA
VISTA
DEL AMIG O
AVENIDAFELIPE
AVENIDA BERNARDO
VISTA
DEL RIO
PASEO
PASEO
PASEO
MARSHA CIR
RD
CRES
CRES
DE CAS AS
COVERED
W
A
G
O
N
TRL
PATHFINDER
TRL
CIR
PROSP E CT ORINDIAN TRL
LOO P TRL
HARVARD
G
R
INNELL
CANYON
CIR
LN
CIR
AN
A
HEIM
HILLS
RD
ANAHEIM
HILLS
RD
ST
LN
C AMINO GRANDE
TOURMALINE CT
SAPPHIRELN
O N
YX
LN
CIR JACARANDA WAY
CIR
LEAFWOOD DR
C ANYON
W
ILLIAM
S
CIR
RIDGECREST
ST
CIR
STST
ST
PL
CTCT
DR
BELVEDERERD
RD
CIR
JUSTICE CENTER
SQUARE
DR
LINCOLN
AVE
ST
DR
XTRA WAY
ST
ST
AVE
DR
FULL MOON
CT
PRIVATE
DR
LOFTWOOD LN
NATHAN
CIR
JAMES
THOMAS
DR
MADRID LN
RIVERBEND
PKWYWEEPING WILLOW AVE
TULIP TREE AVE
SHADYVALE
ST
SPICEWOOD
ST
SUGARBERRY ST
SUNRISE CT
PEBBLE CREEK AVE
LINDEN DR
CORK
TREE DRSPARKLEBERRY
AVE
MOUNTAIN HOLLY
AVE
JUNEBERRY ST
HONEY
TREE
WAY
TOREY PINE LN
MAPLE AVE
CANYON RDPETERS
PETERS
CANYON RDPALMYRA
JACK PINE
LN
NICKY WAY
A1. GREEN RIVER DR
A2. WHITE WATER WY
A3. SIERRA NEVADA WAY
A4. TIOGA PASS RD
A5. RAINBOW FALLS WAY
A6. BADGER PASS LN
A7. MERCED TRAIL RD
A8. FEATHER RIVER WAY
A9. TRINITY LN
A10. OREGON TRAIL LN
B1. CHEVINGTON CT
B2. NAPLES CT
B4. STONEHAVEN DR
B3. HENLEY PL
B5. PICCADILLY PL
B6. SHEFFIELD DR
B7. TENDERROW PL
B8. BLACKBURN DR
B9. PADDINGTON CT
B10. ROCHESTER DR
B11. HUNSFORD DR
C1. LIVE OAK DR
C2. BRIARCREST LN
C3. CEDAR CREEK WAY
C4. APPLETREE LN
C5. KNOLLWOOD DR
C6. FIELDCREST RD
C7. WALNUT RIDGE RD
C8. BRIARWOOD RD
C9. SWEETWATER LN
C10. BROOK GLEN LN
C11. FAWNWOOD LN
C12. BEAR TREE LN
C13. ELK GLEN DR
C14. TEAL LN
C15. FOX RUN LN
C17. THISTLE CT
C18. LAZY MEADOW RD
C20. CANDLEBERRY CIR
C21. DOGWOOD ST
C22. WOODWIND AVE
C23. SAGE HILLS RD
C24. SHADOW PINES RD
C25. SAGEWOOD ST
C26. MULBERRY ST
C19. PEACOCK LN
C27. BAYBERRY ST
C16. SKYVIEW DR
D1. MINE CANYON RD
D2. CROSS CREEK RD
D3. SUGAR LOAF PEAK RD
D4. INDIAN HILLS RD
D5. GRISLY CANYON DR
D6. BISCAYNE WAY
D7. DEERSHIRE CT
D8. HEATHERVIEW LN
D9. FAIRFIELD LN
D10. FIRENZA WAY
E1. GLASTONBURY LN
E2. GATESFORD LN
E3. CHARDONNAY LN
E4. PENZANCE LN
E5. CARNEGIE LN
E6. ROSEDALE LN
E7. CHIDDINGSTONE LN
E8. LOCHLEVEN LN
E9. EDGEWOOD LN
E10. COTSWOLDS LN
E11. KENWOOD
E12. CASTLETOWN
E13. SCOTTS VIEW
E14. HAZELWOOD
E15. VICKSBERRY
E16. BLOOMBERRY
E17. CARISBROOKE
F1. SUNKIST ST
F3. ORANGE BLOSSUM CIR
F2. THREE ARCHES CIR
F4. HUMMINGBIRD CIR
F5. MORNING STAR CIR
G3. BUCKTHORN LN
G8. CAMPHOR TREE LN
G9. BOTTLEBRUSH LN
G7. APPLETREE LN
G4. BERRY TREE LN
G5. BIRCKBARK LN
G6. BLACKTHORN LN
G1. MULBERRY LN
G2. SUGAR PINE LN
H1. CADBURY DR
H2. WATERWHEEL WAY
H3. STONEBROOK DR
H4. BRYNHURST RD
H5. OLD CHAPMAN AVE
H6. WIMBLETON CT
H7. PHEASANT LN
H8. LONGSPUR LN
H9. RAVEN CT
H10. RAVEN LN
GARDEN GROVE
ST
BLVD
BALL RD
ST
GLASSELL
RD
TAFT
KA TELLA
ST ST
AVE
AVE
AVE
NOHL
PROSPECT
RD
BLVD
AVE
HEWES
ST
ST
TAFT AVE
STSHAFFER
LINCOLN
ST
CANYON
RD
TUSTIN
FAIRHAVEN AVE
ORANGEWOOD
AVE
ST
WALNUT
H
W
Y
LEWIS
GLASSELL
AVE
LA VETA
ST
DR
CENTER
ESPLANADE ST
ORANGE
PARK
ST
ST
ST
BATAVIA
AVE
AVE
HANDY
YORBA
FOOTHILL BLVD
VIEW
CANYON
CANNON
ST
RD
TAFT
TUSTIN
MEATS
AVE
AVE
HEIM
CHAPMAN
AVE AVECHAPMAN
AVE
ORANGE OLIVE
RANCHO
CANNO
N
ST
BOND AVE
ST
RANCH
FLETCHER
ECKHOFF
COLLINS
RIVERDALE
MEATS
SANTIAGO
AVE
AVE
VILLA PARK
AVE
AVE
KATELLA
AVE
LA VETA AVE
FLOWER
MAIN
WALNUT
AVE
CHAPMAN
CAMBRIDGE
PROSPECT AV
ST
YORBA
HEWES
SANTA CLARA
NEWPO
RT
BLVD
JAM
BOREE
BLVD
CRAWFORD
CANYONRD
BRISTOL ST ST
DR
CITY
THE
SERRANO
AVE
ST
AVEFAIRHAVEN
NEWPORTBLVEGRAND
SANTIAGO
BLVD
SERRANO
AVE
STATE
COLLEGE
BLVD
STATE
COLLEGE BLVD
RDBALL
AVEKATELLA
SPRING ST
AVE
AVE
VIA
ESCOLA
VIA
BLVD
TUSTIN AVE
CANNON
ST
SANTIAGO
CANNON
ST
IMPERIAL
BIG SKY LN
NO HL
RANCH RD
ESCOLA
C
ANAL
NEW
PORT
SANTIAGO
RD
CANYON
SANTIAGO
CANYON
RD
241
241
261
55 22
5 57
91 57
91 55
241
I
300 E CHAPMAN AVE
ORANGE, CALIFORNIA 92866
Map prepared by :
Public Works G.I.S. Section
on May 1st 2013
WATER SERVICE AREA
Legend
City of Orange
City of Anaheim
East Orange County Water District
City of Garden Grove
Irvine Ranch Water District
City of Santa Ana
Serrano Water District
City of Tustin
Golden State Water Co.
1,000 0 1,000 2,000 3,000 4,000 5,000 6,000500 Feet
ANAHEIM
ANAHEIM
I.R.W.D.
SERRANO
WATER
DISTRICT
GARDEN
GROVE
SANTA ANA TUSTIN
ORANGE
G.S.W.C.
E.O.C.W.D.
316
Agenda Item
City Council
Item #: 3.19. 3/8/2022 File #: 22-0133
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Gary A. Sheatz, City Attorney
1. SUBJECT
Claims for Damages.
2. SUMMARY
Seven claims have been received and investigated by the City Attorney’s Office and/or the Risk Manager with the involved departments.
3. RECOMMENDED ACTION
Deny the following claims and refer to City Attorney and Claims Adjuster:
1. Mercury Insurance a/s/o Artlaine Russell
2. Diana Laura Hernandez Morales
3. Maryam Golbakhsh
4. Leah Aguirre
5. Val and Sandra Trowbridge
6. Alfred Jacobs
7. Lisa Cunning and Janet Jones
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.
6. DISCUSSION AND BACKGROUND
1. Claim for damages from Mercury Insurance a/s/o Artlaine Russell alleging property damage when a City tree branch fell on insured’s vehicle during a high wind event.
2. Claim for damages from Diana Laura Hernandez Morales alleging property damage when a City tree branch fell on Claimant’s vehicle during a high wind event.
3. Claim for damages from Maryam Golbakhsh for an adjustment to water bill for usage and charges.
4. Claim for damages from Leah Aguirre alleging personal injury due to a traffic collision involving an Orange Police Department vehicle.
5. Claim for damages from Val and Sandra Trowbridge alleging property damage to sewer line City of Orange Printed on 3/3/2022Page 1 of 2
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Item #: 3.19. 3/8/2022 File #: 22-0133
5. Claim for damages from Val and Sandra Trowbridge alleging property damage to sewer line due to City tree roots.
6. Claim for damages from Alfred Jacobs alleging property damage to vehicle when Claimant drove over rocks that had fallen onto the roadway.
7. Claim for damages from Lisa Cunning and Janet Jones alleging property damage to sewer line due to City tree roots.
7. ATTACHMENTS
· None.
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Agenda Item
City Council
Item #: 3.19. 3/8/2022 File #: 22-0133
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Gary A. Sheatz, City Attorney
1. SUBJECT
Claims for Damages.
2. SUMMARY
Seven claims have been received and investigated by the City Attorney’s Office and/or the Risk Manager with the involved departments.
3. RECOMMENDED ACTION
Deny the following claims and refer to City Attorney and Claims Adjuster:
1. Mercury Insurance a/s/o Artlaine Russell
2. Diana Laura Hernandez Morales
3. Maryam Golbakhsh
4. Leah Aguirre
5. Val and Sandra Trowbridge
6. Alfred Jacobs
7. Lisa Cunning and Janet Jones
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.
6. DISCUSSION AND BACKGROUND
1. Claim for damages from Mercury Insurance a/s/o Artlaine Russell alleging property damage when a City tree branch fell on insured’s vehicle during a high wind event.
2. Claim for damages from Diana Laura Hernandez Morales alleging property damage when a City tree branch fell on Claimant’s vehicle during a high wind event.
3. Claim for damages from Maryam Golbakhsh for an adjustment to water bill for usage and charges.
4. Claim for damages from Leah Aguirre alleging personal injury due to a traffic collision involving an Orange Police Department vehicle.
5. Claim for damages from Val and Sandra Trowbridge alleging property damage to sewer line City of Orange Printed on 3/3/2022Page 1 of 2
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Item #: 3.19. 3/8/2022 File #: 22-0133
5. Claim for damages from Val and Sandra Trowbridge alleging property damage to sewer line due to City tree roots.
6. Claim for damages from Alfred Jacobs alleging property damage to vehicle when Claimant drove over rocks that had fallen onto the roadway.
7. Claim for damages from Lisa Cunning and Janet Jones alleging property damage to sewer line due to City tree roots.
7. ATTACHMENTS
· None.
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Agenda Item
City Council
Item #: 3.20. 3/8/2022 File #: 22-0081
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Final Acceptance of Bid No. 20-21.31, Well No. 28 Drilling Project; and authorization to file Notice of Completion.
2. SUMMARY
The City of Orange has entered into a contract with South West Pump & Drilling, Inc. for the drilling Well No. 28 at 235 W. Maple Avenue, Orange. The scope of work consisted of pilot hole drilling, installation of approximately 1,300 feet of 20” stainless steel casing and louver, installation of all accessory tubing, gravel pack, sanitary seal, conduct aquifer zone, alignment, pumping tests, complete final chemical and mechanical well development, and disinfection. The project has been completed in February 2022 to the satisfaction of the Public Works Department, Water Division.
3. RECOMMENDED ACTION
Accept Well No. 28 Drilling Project as complete; and authorize staff to file Notice of Completion with the County Recorder.
4. ATTACHMENTS
· Notice of Completion and Acceptance
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Agenda Item
City Council
Item #: 3.20. 3/8/2022 File #: 22-0081
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Final Acceptance of Bid No. 20-21.31, Well No. 28 Drilling Project; and authorization to file Notice of Completion.
2. SUMMARY
The City of Orange has entered into a contract with South West Pump & Drilling, Inc. for the drilling Well No. 28 at 235 W. Maple Avenue, Orange. The scope of work consisted of pilot hole drilling, installation of approximately 1,300 feet of 20” stainless steel casing and louver, installation of all accessory tubing, gravel pack, sanitary seal, conduct aquifer zone, alignment, pumping tests, complete final chemical and mechanical well development, and disinfection. The project has been completed in February 2022 to the satisfaction of the Public Works Department, Water Division.
3. RECOMMENDED ACTION
Accept as complete Bid No. 20-21.31, Well No. 28 Drilling Project; and authorize staff to file Notice of Completion with the County Recorder.
4. ATTACHMENTS
· Notice of Completion and Acceptance
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Orange
300 East Chapman Avenue
Orange, California 92866
Attention: City Clerk
[S pace above this line for Recorder’s use only.]
THIS DOCUMENT IS RECORDED AT THE
REQUEST AND FOR THE BENEFIT OF THE CITY
OF ORANGE AND IS EXEMPT FROM THE
PAYMENT OF A RECORDING FEE PURSUANT
TO GOVERNMENT CODE SECTIONS 6103 AND
27383.
NOTICE OF COMPLETION AND ACCEPTANCE
NOTICE IS HEREBY GIVEN that work on that certain public work and improvements known as “Well No. 28 Drilling Project (Bid No. 20-21.31; W-687A)” (herein referred to as the “Project”), for the owner, the City of Orange, a municipal corporation (herein referred to as the “City”), whose address is 300 E. Chapman Avenue, Orange, CA 92866, was completed and accepted by the City Council of the City of Orange on March 8, 2022 at a regular meeting of its members, at which a quorum was present and acting throughout. The Contractor who performed (or caused to be performed) said public work and improvements was South West Pump & Drilling, Inc., a California Corporation, with its principal office at 53381 Highway 111, in the City of Coachella, State of California.
The name of the surety on the Labor and Material Bond for the Project is Markel Insurance Company (Bond No. 4437897) in the amount of $1,916,000.00.
DATED as of the 8th day of March, 2022. CITY OF ORANGE, a municipal corporation
By:
Mark A. Murphy
Mayor of the City of Orange
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Mark A. Murphy, Mayor of the City of Orange, state that I have read the foregoing document, know the contents thereof, and that the facts therein stated are true of my own knowledge. I hereby declare under penalty of perjury that the foregoing is true and correct.
DATED as of the 8th day of March, 2022 at Orange, California.
Mark A. Murphy, Mayor of the City of Orange
I, Pamela Coleman, City Clerk for the City of Orange, hereby attest that Mark A Murphy is known to me to be the Mayor of the City of Orange and known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that the City of Orange executed the same.
Pamela Coleman, City Clerk of the City of Orange
323
Agenda Item
City Council
Item #: 3.21. 3/8/2022 File #: 22-0097
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Final Acceptance of Bid No. 20-21.02, Chapman Avenue and Flower Street Left Turn Signal Improvements - HSIPL-5073(087); and authorization to file Notice of Completion.
2. SUMMARY
This project provided various traffic signal and roadway improvements at the intersection of Chapman Avenue and Flower Street, including the addition of a protected left-turn phasing in the north and south directions. The City of Orange entered into a contract with Elecnor Belco Electric, Inc. The work was completed to the satisfaction of the Public Works Department.
3. RECOMMENDED ACTION
Accept Chapman Avenue and Flower Street Left Turn Signal Improvements - HSIPL-5073(087) as complete, and authorize staff to file Notice of Completion with the County Recorder.
4. ATTACHMENTS
· Notice of Completion and Acceptance
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Agenda Item
City Council
Item #: 3.21. 3/8/2022 File #: 22-0097
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Final Acceptance of Bid No. 20-21.02, Chapman Avenue and Flower Street Left Turn Signal Improvements - HSIPL-5073(087); and authorization to file Notice of Completion.
2. SUMMARY
This project provided various traffic signal and roadway improvements at the intersection of Chapman Avenue and Flower Street, including the addition of a protected left-turn phasing in the north and south directions. The City of Orange entered into a contract with Elecnor Belco Electric, Inc. The work was completed to the satisfaction of the Public Works Department.
3. RECOMMENDED ACTION
Accept Chapman Avenue and Flower Street Left Turn Signal Improvements - HSIPL-5073(087) as complete, and authorize staff to file Notice of Completion with the County Recorder.
4. ATTACHMENTS
· Notice of Completion and Acceptance
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Orange
300 East Chapman Avenue
Orange, California 92866
Attention: City Clerk
[Space above this line for Recorder’s use only.]
THIS DOCUMENT IS RECORDED AT THE
REQUEST AND FOR THE BENEFIT OF THE CITY
OF ORANGE AND IS EXEMPT FROM THE
PAYMENT OF A RECORDING FEE PURSUANT
TO GOVERNMENT CODE SECTIONS 6103 AND
27383.
NOTICE OF COMPLETION AND ACCEPTANCE
NOTICE IS HEREBY GIVEN that work on that certain public work and improvements known as “Chapman Avenue and Flower Street Left Turn Signal Improvements – HSIPL-5073(087) (Bid No. 20-21.02; SP-4035)” (herein referred to as the “Project”), for the owner, the City of Orange, a municipal corporation (herein referred to as the “City”), whose address is 300 E. Chapman Avenue, Orange, CA 92866, was completed and accepted by the City Council of the City of Orange on March 8th, 2022 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project improved one (1) intersection in the City of Orange, State of California. The contractor who performed (or caused to be performed) said public work and improvements was Elecnor Belco Electric, Inc., a California corporation, with its principal office at 14320 Albers Way, Chino, CA 91710, State of California.
The name of the surety on the Labor and Material Bond for the Project is Fidelity and Deposit Company of Maryland, Illinois (Bond No. 9376872) in the amount of $280,800.
DATED as of the 8th day of March 2022. CITY OF ORANGE, a municipal corporation By:
Mark A. Murphy, Mayor, City of Orange
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Mark A. Murphy, Mayor of the City of Orange, state that I have read the foregoing document know the contents thereof, and that the facts therein stated are true of my own knowledge. I hereby declare under penalty of perjury that the foregoing is true and correct.
DATED as of the 8th day of March 2022 at Orange, California.
Mark A. Murphy, Mayor, City of Orange
I, Pamela Coleman, City Clerk for the City of Orange, hereby attest that Mark A. Murphy is known to me to be the Mayor of the City of Orange and known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that the City of Orange executed the same.
Pamela Coleman, City Clerk, City of Orange
326
Agenda Item
City Council
Item #: 3.22. 3/8/2022 File #: 22-0098
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Final Acceptance of Bid No. 21-22.01; W-703 Reservoir 4 Exterior Cathodic Protection System Installation Project; and authorization to file Notice of Completion.
2. SUMMARY
The City of Orange entered into a contract with Accurate Corrosion Control, Inc. to complete the Reservoir 4 Exterior Cathodic Protection System Installation. The project scope of work includes installation of a new exterior CP system rectifier, drilling and installation of six new anode beds comprised of silicone cast iron anodes with accompanying anode junction boxes and three test stations around the reservoir perimeter. The project will also include the relocation of the existing internal CP system rectifier to the new pump building, pavement trenching and restoration for new electrical conduits, wires, and reconnection to the existing power panel and meter. The work is complete to the satisfaction of the Public Works Department.
3. RECOMMENDED ACTION
Accept Reservoir 4 Exterior Cathodic Protection System Installation as complete and authorize staff to file Notice of Completion with the County Recorder.
4. ATTACHMENTS
· Notice of Completion and Acceptance
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Agenda Item
City Council
Item #: 3.22. 3/8/2022 File #: 22-0098
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Final Acceptance of Bid No. 21-22.01; W-703 Reservoir 4 Exterior Cathodic Protection System Installation Project; and authorization to file Notice of Completion.
2. SUMMARY
The City of Orange entered into a contract with Accurate Corrosion Control, Inc. to complete the Reservoir 4 Exterior Cathodic Protection System Installation. The project scope of work includes installation of a new exterior CP system rectifier, drilling and installation of six new anode beds comprised of silicone cast iron anodes with accompanying anode junction boxes and three test stations around the reservoir perimeter. The project will also include the relocation of the existing internal CP system rectifier to the new pump building, pavement trenching and restoration for new electrical conduits, wires, and reconnection to the existing power panel and meter. The work is complete to the satisfaction of the Public Works Department.
3. RECOMMENDED ACTION
Accept Reservoir 4 Exterior Cathodic Protection System Installation as complete and authorize staff to file Notice of Completion with the County Recorder.
4. ATTACHMENTS
· Notice of Completion and Acceptance
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Orange
300 East Chapman Avenue
Orange, California 92866
Attention: City Clerk
[Space above this line for Recorder’s use only.]
THIS DOCUMENT IS RECORDED AT THE
REQUEST AND FOR THE BENEFIT OF THE CITY
OF ORANGE AND IS EXEMPT FROM THE
PAYMENT OF A RECORDING FEE PURSUANT
TO GOVERNMENT CODE SECTIONS 6103 AND
27383.
NOTICE OF COMPLETION AND ACCEPTANCE
NOTICE IS HEREBY GIVEN that work on that certain public work and improvements known as “Reservoir 4 External Cathodic Protection System Installation (Bid No. 21-22.01; W-703)” (herein referred to as the “Project”), for the owner, the City of Orange, a municipal corporation (herein referred to as the “City”), whose address is 300 E.
Chapman Avenue, Orange, CA 92866, was completed and accepted by the City Council of the City of Orange on March 8, 2022 at a regular meeting of its members, at which a quorum was present and acting throughout. The Contractor who performed (or caused to be performed) said public work and improvements was Accurate Corrosion Control, Inc., an Arizona Corporation, with its principal office at 7310 N 108th Avenue, in the City of Glendale, State of Arizona.
The name of the surety on the Labor and Material Bond for the Project is United Surety Insurance Company (Bond# UCSX372X4248) in the amount of $119,375.00.
DATED as of the 8th day of March, 2022. CITY OF ORANGE, a municipal corporation By:
Mark A. Murphy
Mayor of the City of Orange
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Mark A. Murphy, Mayor of the City of Orange, state that I have read the foregoing document, know the contents thereof, and that the facts therein stated are true of my own knowledge. I hereby declare under penalty of perjury that the foregoing is true and correct.
DATED as of the 8th day of March, 2022 at Orange, California.
Mark A. Murphy, Mayor of the City of Orange
I, Pamela Coleman, City Clerk for the City of Orange, hereby attest that Mark A Murphy is known to me to be the Mayor of the City of Orange and known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that the City of Orange executed the same.
Pamela Coleman, City Clerk of the City of Orange
329
Agenda Item
City Council
Item #: 3.23. 3/8/2022 File #: 22-0101
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Final Acceptance of Bid No. 20-21.01, Chapman Avenue and Feldner Road Left Turn Signal Improvements - HSIPL-5073(088); and authorization to file Notice of Completion.
2. SUMMARY
This project provided various roadway and traffic signal improvements at the intersection of Chapman Avenue and Feldner Road, including the addition of protected left turn phasing in the north and south directions. The City of Orange entered into a contract with Elecnor Belco Electric, Inc. The work was completed to the satisfaction of the Public Works Department.
3. RECOMMENDED ACTION
Accept Chapman Avenue and Felnder Road Left Turn Signal Improvements - HSIPL-5073(088) as complete and authorize staff to file Notice of Completion with the County Recorder.
4. ATTACHMENTS
· Notice of Completion and Acceptance
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Agenda Item
City Council
Item #: 3.23. 3/8/2022 File #: 22-0101
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Final Acceptance of Bid No. 20-21.01, Chapman Avenue and Feldner Road Left Turn Signal Improvements - HSIPL-5073(088); and authorization to file Notice of Completion.
2. SUMMARY
This project provided various roadway and traffic signal improvements at the intersection of Chapman Avenue and Feldner Road, including the addition of protected left turn phasing in the north and south directions. The City of Orange entered into a contract with Elecnor Belco Electric, Inc. The work was completed to the satisfaction of the Public Works Department.
3. RECOMMENDED ACTION
Accept Chapman Avenue and Felnder Road Left Turn Signal Improvements - HSIPL-5073(088) as complete and authorize staff to file Notice of Completion with the County Recorder.
4. ATTACHMENTS
· Notice of Completion and Acceptance
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Orange
300 East Chapman Avenue
Orange, California 92866
Attention: City Clerk
[Space above this line for Recorder’s use only.]
THIS DOCUMENT IS RECORDED AT THE
REQUEST AND FOR THE BENEFIT OF THE CITY
OF ORANGE AND IS EXEMPT FROM THE
PAYMENT OF A RECORDING FEE PURSUANT
TO GOVERNMENT CODE SECTIONS 6103 AND
27383.
NOTICE OF COMPLETION AND ACCEPTANCE
NOTICE IS HEREBY GIVEN that work on that certain public work and improvements known as “Chapman Avenue and Feldner Road Left Turn Signal Improvements – HSIPL-5073(088) (Bid No. 20-21.01; SP-4034)” (herein referred to as the “Project”), for the owner, the City of Orange, a municipal corporation (herein referred to as the “City”), whose address is 300 E. Chapman Avenue, Orange, CA 92866, was completed and accepted by the City Council of the City of Orange on March 8th, 2022 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project improved one (1) intersection in the City of Orange, State of California. The contractor who performed (or caused to be performed) said public work and improvements was Elecnor Belco Electric, Inc., a California corporation, with its principal office at 14320 Albers Way, Chino, CA 91710, State of California.
The name of the surety on the Labor and Material Bond for the Project is Fidelity and Deposit Company of Maryland, Illinois (Bond No. 9376874) in the amount of $257,468.
DATED as of the 8th day of March 2022. CITY OF ORANGE, a municipal corporation By:
Mark A. Murphy, Mayor, City of Orange
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Mark A. Murphy, Mayor of the City of Orange, state that I have read the foregoing document know the contents thereof, and that the facts therein stated are true of my own knowledge. I hereby declare under penalty of perjury that the foregoing is true and correct.
DATED as of the 8th day of March 2022 at Orange, California.
Mark A. Murphy, Mayor, City of Orange
I, Pamela Coleman, City Clerk for the City of Orange, hereby attest that Mark A. Murphy is known to me to be the Mayor of the City of Orange and known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that the City of Orange executed the same.
Pamela Coleman, City Clerk, City of Orange
332
Agenda Item
City Council
Item #: 3.24. 3/8/2022 File #: 22-0102
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Final Acceptance of Bid No. 20-21.30, Glassell Street and Collins Avenue Left Turn Signal Improvements - HSIPL-5073(084); and authorization to file Notice of Completion.
2. SUMMARY
This project provided various roadway and traffic signal improvements at the intersection of Glassell Street and Collins Avenue, including the addition of protected left turn phasing in the north and south directions. The City of Orange entered into a contract with Elecnor Belco Electric, Inc. The work was completed to the satisfaction of the Public Works Department.
3. RECOMMENDED ACTION
Accept Glassell Street and Collins Avenue Left Turn Signal Improvements - HSIPL-5073(084) as complete, and authorize staff to file Notice of Completion with the County Recorder.
4. ATTACHMENTS
· Notice of Completion and Acceptance
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Agenda Item
City Council
Item #: 3.24. 3/8/2022 File #: 22-0102
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Final Acceptance of Bid No. 20-21.30, Glassell Street and Collins Avenue Left Turn Signal Improvements - HSIPL-5073(084); and authorization to file Notice of Completion.
2. SUMMARY
This project provided various roadway and traffic signal improvements at the intersection of Glassell Street and Collins Avenue, including the addition of protected left turn phasing in the north and south directions. The City of Orange entered into a contract with Elecnor Belco Electric, Inc. The work was completed to the satisfaction of the Public Works Department.
3. RECOMMENDED ACTION
Accept Glassell Street and Collins Avenue Left Turn Signal Improvements - HSIPL-5073(084) as complete, and authorize staff to file Notice of Completion with the County Recorder.
4. ATTACHMENTS
· Notice of Completion and Acceptance
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Orange
300 East Chapman Avenue
Orange, California 92866
Attention: City Clerk
[Space above this line for Recorder’s use only.]
THIS DOCUMENT IS RECORDED AT THE
REQUEST AND FOR THE BENEFIT OF THE CITY
OF ORANGE AND IS EXEMPT FROM THE
PAYMENT OF A RECORDING FEE PURSUANT
TO GOVERNMENT CODE SECTIONS 6103 AND
27383.
NOTICE OF COMPLETION AND ACCEPTANCE
NOTICE IS HEREBY GIVEN that work on that certain public work and improvements known as “Glassell Street and Collins Avenue Left Turn Signal Improvements – HSIPL-5073(084) (Bid No. 20-21.30; SP-4005)” (herein referred to as the “Project”), for the owner, the City of Orange, a municipal corporation (herein referred to as the “City”), whose address is 300 E. Chapman Avenue, Orange, CA 92866, was completed and accepted by the City Council of the City of Orange on March 8th, 2022 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project improved one (1) intersection in the City of Orange, State of California. The contractor who performed (or caused to be performed) said public work and improvements was Elecnor Belco Electric, Inc., a California corporation, with its principal office at 14320 Albers Way, Chino, CA 91710, State of California.
The name of the surety on the Labor and Material Bond for the Project is Fidelity and Deposit Company of Maryland, Illinois (Bond No. 9376870) in the amount of $272,151.25.
DATED as of the 8th day of March 2022. CITY OF ORANGE, a municipal corporation By:
Mark A. Murphy, Mayor, City of Orange
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Mark A. Murphy, Mayor of the City of Orange, state that I have read the foregoing document know the contents thereof, and that the facts therein stated are true of my own knowledge. I hereby declare under penalty of perjury that the foregoing is true and correct.
DATED as of the 8th day of March 2022 at Orange, California.
Mark A. Murphy, Mayor, City of Orange
I, Pamela Coleman, City Clerk for the City of Orange, hereby attest that Mark A. Murphy is known to me to be the Mayor of the City of Orange and known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that the City of Orange executed the same.
Pamela Coleman, City Clerk, City of Orange
335
Agenda Item
City Council
Item #: 3.25. 3/8/2022 File #: 22-0103
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Award of Contract to Elegant Construction, Inc. for Fire Station 5 Bathroom Remodel; Bid No. 21-
22.24 .
2. SUMMARY
Four bids for Fire Station 5 Bathroom Remodel were received and opened on February 10, 2022.
The apparent low bidder is Elegant Construction Inc. of Irvine, California in the amount of $159,425.
3. RECOMMENDED ACTION
Approve the contract with Elegant Construction, Inc. in the amount of $183,339, representing an original bid amount of $159,425, plus a 15% contingency of $23,914 and authorize the Mayor and City Clerk to execute on behalf of the City.
4. FISCAL IMPACT
The total expenditure for this contract is $183,339 and will be funded through:
Fire Station Maintenance (20334) Fire Facilities Fees (560) $153,339 City Facility Improvements (19809) Major Building Impr (725) 30,000 Total: $183,339
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.
Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.
6. DISCUSSION AND BACKGROUND
This project will provide Fire Station 5 with three new bath and shower rooms. As part of this project the Captain’s bath and shower room will also be updated to match.
The formal bid solicitation was advertised on January 13, 2022 and on January 27, 2022. Bids were opened on February 10, 2022. Four bids were received as follows:
1. Elegant Construction, Inc. of Irvine, CA $159,425
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Item #: 3.25. 3/8/2022 File #: 22-0103
2. RS Construction and Development Inc. of Ontario, CA $213,000
3. C-1 Construction Corporation of Los Angeles, CA $228,000
4. Newbuild Construction and Restoration, Inc. of Orange, CA $296,000 Staff checked the references and qualifications for Elegant Construction and found them to be acceptable, with adequate years of experience in completing contracts of similar nature to this project. Therefore, staff recommends that Elegant Construction be awarded the contract in the total amount of $183,339, representing an original amount of $159,425, plus a contingency of $23,914, for the Fire Station 5 Bathroom Remodel.
Construction is scheduled to begin in April 2022 and expected to be completed within a month.
7. ATTACHMENTS
· Bid Abstract
· Contract with Elegant Construction Inc.
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Agenda Item
City Council
Item #: 3.25. 3/8/2022 File #: 22-0103
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Award of Contract to Elegant Construction, Inc. for Fire Station 5 Bathroom Remodel; Bid No. 21-
22.24 .
2. SUMMARY
Four bids for Fire Station 5 Bathroom Remodel were received and opened on February 10, 2022.
The apparent low bidder is Elegant Construction Inc. of Irvine, California in the amount of $159,425.
3. RECOMMENDED ACTION
Approve the contract with Elegant Construction, Inc. in the amount of $183,339, representing an original bid amount of $159,425, plus a 15% contingency of $23,914 and authorize the Mayor and City Clerk to execute on behalf of the City.
4. FISCAL IMPACT
The total expenditure for this contract is $183,339 and will be funded through:
Fire Station Maintenance (20334) Fire Facilities Fees (560) $153,339 City Facility Improvements (19809) Major Building Impr (725) 30,000 Total: $183,339
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.
Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.
6. DISCUSSION AND BACKGROUND
This project will provide Fire Station 5 with three new bath and shower rooms. As part of this project the Captain’s bath and shower room will also be updated to match.
The formal bid solicitation was advertised on January 13, 2022 and on January 27, 2022. Bids were opened on February 10, 2022. Four bids were received as follows:
1. Elegant Construction, Inc. of Irvine, CA $159,425
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Item #: 3.25. 3/8/2022 File #: 22-0103
2. RS Construction and Development Inc. of Ontario, CA $213,000
3. C-1 Construction Corporation of Los Angeles, CA $228,000
4. Newbuild Construction and Restoration, Inc. of Orange, CA $296,000 Staff checked the references and qualifications for Elegant Construction and found them to be acceptable, with adequate years of experience in completing contracts of similar nature to this project. Therefore, staff recommends that Elegant Construction be awarded the contract in the total amount of $183,339, representing an original amount of $159,425, plus a contingency of $23,914, for the Fire Station 5 Bathroom Remodel.
Construction is scheduled to begin in April 2022 and expected to be completed within a month.
7. ATTACHMENTS
· Bid Abstract
· Contract with Elegant Construction Inc.
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Fire Station 5 Bathroom
Remodel (#8103597)
Owner: Orange CA, City of
Solicitor: Orange CA, City
02/10/2022 02:00 PM PST
Engineer
Estimate
Elegant
Construction Inc.Irvine, CA
RS Construction &
Development Inc.Ontario, CA
C-1 Construction
Corporation
Los Angeles,
CA
Newbuild Construction
and Restoration Inc.Orange, CA
Line
Item
Item
Code Item Description Unit Qty. Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Bathroom Improvement $141,000.00 $159,425.00 $213,000.00 $228,000.00 $296,000.00 1 2-1.1
Demolish and build three (3) bath
and shower rooms with
improvements per plan LS 1 $106,000.00 $106,000.00 $144,425.00 $144,425.00 $164,200.00 $164,200.00 $198,000.00 $198,000.00 $219,000.00 $219,000.00 2 2-1.1
Demolish Captain's bathroom and
build one (1) bath and shower
room with improvements to match
easterly proposed bathroom per
plan specifications (D) LS 1 $35,000.00 $35,000.00 $15,000.00 $15,000.00 $48,800.00 $48,800.00 $30,000.00 $30,000.00 $77,000.00 $77,000.00 Base Bid Total: $141,000.00 $159,425.00 $213,000.00 $228,000.00 $296,000.00 340
CONTRACT
[Fire Station 5 Bathroom Remodel (Bid No. 21-22.24)]
THIS CONTRACT (the “Contract”) is made and ente red into as of ___ ___________, 2022 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and ELEGANT CONSTRUCTION INC , a California corporation (“Contractor”), who agree as follows.
ARTICLE 1
Work Performed
a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two (2) bond(s) presented to City with this Contract and incorporated herein by this reference, Contractor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in good workmanship and substantial manner the work (the “Work”) described in:
(1) The Construction Plans for Fires Station 5 Bathroom Remodel prepared for City by PJ Partnership, Inc. approved by the City on November 30, 2021, (the “Plans”);
(2) The latest edition of the "City of Orange Standard Plans and Specifications" (the “Orange Book”) with the term "Engineer," as used in the Orange Book and in this Contract, to specifically include the City Engineer (or his/her designee);
(3) The "Standard Specifications for Public Works Construction ” (the “Greenbook”), and all amendments thereto , except the definition of “Subcontractor” in Section 1.2 (General – Terms and Definitions) of Part 1 (General Provisions) of the Greenbook, which is hereby amended in its entirety to read as follows: “Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor for the performance of a part of the Work;”
(4) The “City of Orange Standard Special Provisions;”
(5) The Standard Plans; and
(6) Contractor’s Bid Proposal , which is on file with City’s Department of Public Works.
b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Greenbook and City of Orange Standard Special Provisions and Standard Plans are on file with City’s Public Works Director and are hereby specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges that it has read, reviewed and understands the Plans, the Orange Book, the Greenbook, the Special Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of which documents shall be referred to herein collectively as the “Plans and Specifications.” 341
2 c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal Code which requires, among other things, that Contractor utilize City’s exclusive solid waste hauler for the rental of bins for trash and debris removal and imposes mandatory recycling requirements for self-hauled construction and demolition waste. The terms and conditions set forth in this Contract shall control over any terms and conditions in the Plans and Specifications to the contrary.
d. The Work shall be performed in conformity with the Plans and Specifications and the Bid Proposal and all applicable laws, including any and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment.
e. Unless and until otherwise notified in writing by City’s Public Works Director, City’s Deputy Public Works Director, Alan Truong (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Public Works Director may designate from time to time, that Contractor shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Public Works Director.
f. It is expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and Contractor’s Bid Proposal, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid Proposal conflicting herewith.
ARTICLE 2
Commencement of Work
Contractor shall commence the Work provided for in this Contract within fifteen (15) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within forty-five (45) calendar days from such date, unless legal extension is granted in accordance with the terms set forth in the Greenbook. Time is of the essence in this Contract.
Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work.
ARTICLE 3
Compensation
a. Contractor agrees to receive and accept an amount not to exceed ONE HUNDRED FIFTY-NINE THOUSAND FOUR HUNDRED TWENTY -FIVE DOLLARS and 00/100 ($159,425.00) as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below ; (3) all risks of every description connected with the Work; (4) all 342
3 expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.
b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of TWENTY-THREE THOUSAND NINE HUNDRED FOURTEEN DOLLARS and 00/100 ( $23,914.00) has been added to the total compensation of this Contract. The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as t he Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized C ity Representative prior to the commencement of such Work or services.
c. The total amount of compensation under this Contract, including contingencies, shall not exceed ONE HUNDRED EIGHTY -THREE THOUSAND THREE HUNDRED THIRTY - NINE DOLLARS and 00/100 ($183,339.00).
ARTICLE 4
Licenses
Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the Work contemplated by this Contract and that Contractor and subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Contract.
ARTICLE 5
Guarantees
a. Contractor guarantees the construction and installation of all Work included in the Plans and Specifications for which Contractor has been awarded this Contract.
b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty equ ipment, workmanship, materials furnished or methods of installations, or should said Work or any part thereof fail to function properly, as designed, due to any of the above causes within twelve (12) months after the date on which said Work is accepted by City, Contractor shall make repairs and furnish such materials and equipment as are necessary to be furnished and installed within fifteen (15) calendar days after the receipt of a demand from City.
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4 c. Said Work will be deemed defective within the meaning of this guarantee in the event that it fails to function as originally intended either by the Plans and Specifications of this Contract or by the manufacturer(s) of the equipment incorporated into the Work.
d. In the event repairs are not made within fifteen (15) calendar days after Contractor's receipt of a demand from City, City shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand, for all expenses in curred in restoring said Work to the condition contemplated in this Contract, including the cost of any equipment or materials replaced.
e. It is understood that emergency repairs may, by necessity, be made by City.
Therefore, when defective equipment, m aterials or workmanship result in emergency repairs by City, Contractor shall reimburse City, upon demand, for all expenses incurred. Emergency repairs will be deemed as those repairs determined by City’s Director of Public Works to be necessary due to an immediate detriment to the health, safety, welfare or convenience of the residents of City.
ARTICLE 6
Water Quality
a. The Santa Ana Regional Water Quality Control Board (“RWQCB”) has issued National Pollutant Discharge Elimination System (“NPDES”) Perm it No. R8 -2009-0030 (the “Permit”), which governs storm water and non -storm water discharges resulting from municipal activities performed by City or its contractors. In order to comply with the Permit requirements, the County of Orange has prepared a Dra inage Area Management Plan (“DAMP”), containing Model Maintenance Procedures with Best Management Practices (“BMPs”) that City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry -weather urban runoff, storm water runoff, and receiving water quality. Examples include: wash water from cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas.
b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the office of City’s Director of Public Works. Contractor hereby acknowledges that it has read, reviewed and understands the Permit, the DAMP and the Model Maintenance Procedures, as they relate to the Work and hereby shall perform the Work in conformance therewith.
ARTICLE 7
Independent Contractor; Contractor not Agent
a. At all times during the term of this Contract, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor’s services rendered pursuant to this Contract. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Contract. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters 344
5 relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of t he benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long -term disability or workers' compensation insurance benefits.
b. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.
ARTICLE 8
Public Work; Prevailing Wage
a. The Work which is the subject of this Contract is a “public work,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid.
To the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that Contractor, and any s ubcontractor under it, shall pay not less than the specified prevailing ra tes of wages to all such workers . The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations ( www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions.
c. Contractor shall secure the payment of compensation to its employees in accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
d. Contractor shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increase d costs” (including reasonable attorney’s fees, court and litigation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal 345
6 law, including, without limitation , any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the W ork which is the subject of this Contract, Contractor shall bear all risks of payment or non -payment of state prevailing wages. “Increased costs” as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time. The foregoing indemnity shall survive termination of this Contract.
ARTICLE 9
Equal Employment Opportunity
During the performance of this Contract, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant f or employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed and that employees are treated during employment, wi thout regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor shall post in conspicuous places, available to employees and applicants for emplo yment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration fo r employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any Work covered by this Contract, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
ARTICLE 10
Conflicts of Interest
Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code. Contractor further agrees that it shall not be eligible to work as the builder for any project for which the design work is part of this Contract.
ARTICLE 11
Indemnity
Contractor shall defend, indemnify and hold harmless City and its officers, officials, agents, and employees from and against:
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7 a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or adjacent t o the real property which is the subject of this Contract, or in connection with performance of this Contract which may be directly or indirectly caused by the acts or omissions of Contractor or its officers, employees, contractors or agents, or as a conse quence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents, and employees. The foregoing indemnity shall survive termination of this Contract.
b. Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contracto r’s employees or its subcontractor’s employees arising out of Contractor’s Work under this Contract, including any and all claims under any law pertaining to Contractor’s status as an independent contractor.
ARTICLE 12
Insurance
a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract.
b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.
(1) General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the general aggregate
limit shall be twice the required
occurrence limit.
(2) Automobile Liability $1,000,000 per accident for bodily injury and property damage.
(3) Workers’ Compensation as required by the State of California.
(4) Employer’s Liability $1,000,000 per accident for bodily injury or disease.
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8 c. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract.
d. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions with respect to City, its officers, officials, agents and employees; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
e. Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:
(1) City, its officers, officials, age nts, and employees are declared to be additional insureds under the terms of the policy, with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability arising out of Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such Work or operations. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall apply to City as an additional insured.
(2) For any claims related to this Contract, Contractor’s insurance coverage shall b e primary insurance with respect to City, its officers, officials, agents and employees. Any insurance or self-insurance maintained by City, its officers, officials, agents and employees shall be excess of Contractor’s insurance and shall not contribute with it.
(3) Coverage shall not be canceled, except after thirty (30) days’ prior written notice has been provided to City.
f. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Article 12. The endorsements shall be on forms acceptable to City. All certificates and endorsements are to be received and approved by City before the Work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
g. All insurance procured and maintained by Contractor shall be i ssued by insurers admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide.
h. Contractor shall immediately notify City if an y required insurance lapses or is otherwise modified and cease performance of this Contract unless otherwise directed by City. In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom by way of set-off from any sums owed Contractor. 348
9 i. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the pa yment of any loss under such insurance.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all Work performed by Contractor, its employees, agents and subcontractors. Contractor shall obtain any other endorsement that may be necessary to effect this waiver of subrogation.
j. Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein.
ARTICLE 13
Termination
City, acting through its City Manager or his /her designee, reserves the right to terminate this Contract for any reason by giving five (5) days’ written notice of intent to terminate to Contractor. Upon receipt of notice, Contractor shall immediately cease work , unless the notice provides otherwise. Should City terminate this Contract, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Contract, unless such termination shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.
ARTICLE 14
Maintenance and Inspection of Records
In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records and other information (collectively, the “records”) pertaining to the co sts of and completion of services performed under this Contract. During the term of this Contract and for a period of three (3) years after termination or completion of this Contract, City shall have the right to inspect and/or audit Contractor's records pertaining to the performance of this Contract at Contractor's office. Contractor shall make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.
ARTICLE 15
Compliance with Laws
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by Contractor or any subcontractor hereunder.
b. Contractor represents and warrants that it:
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10 (1) Has complied and shall at all times during the term of this Contract comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and
(2) Has not and will not knowingly employ any individual to perform services under this Contract who is ineligible to work in the United States or under the terms of this Contract; and
(3) Has properly maintained, and shall at all times during the term of this Contract properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and
(4) Has responded, and shall at all times during the term of this Contract respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I -9 compliance and/or worksit e enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.
c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services under this Contract.
d. Contractor shall, upon request of City, provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract.
e. If Contractor, or a subcontractor or subconsultant, knowingly employs an employee providing Work under this Contract who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee , such shall constitute a material breach of this Contract and may be cause for immediate termination of this Contract by City.
f. Contractor shall indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor’s failure to comply with said laws, rules and regulations in connection with the performance of this Contract.
ARTICLE 16
Governing Law and Venue
This Contract shall be construed in accordance with and governed by the laws of the State of California and Contractor shall submit to the juri sdiction of California courts. Venue for any dispute arising under this Contract shall be in Orange County, California.
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11 ARTICLE 17
Integration and Amendment
a. This Contract constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the Work to be performed under this Contract shall be of any force or effect unless it is in writing and signed by both parties. Any Work performed which is inconsistent with or in violation of the provisions of this Contract shall not be compensated.
b. Amendments to this Contract must be in writing and signed by both parties. The City Manager is authorized to execute amendments to this Contract up to the amounts specified in Chapter 3.08 of the Orange Municipal Code.
ARTICLE 18
Notice
Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
Elegant Construction Inc City of Orange
188 Technology Dr., Suite N 300 E. Chapman Avenue
Irvine, CA 92618 Orange, CA 92866-1591
Attn: Hazem Almassry Attn: Joshua Soliz
Telephone: 949-444-5161 Telephone: 714-744-5588
E-Mail: [email protected] E-Mail: [email protected]
ARTICLE 19
Claim Resolution
City and Contractor agree that the claim resolution process applicable to any claim by Contractor in connection with the Work provided herein shall be subject to the procedures set forth in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and incorporated herein by this reference.
ARTICLE 20
Counterparts
This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.
[Signatures on the following page]
351
12 “CITY”
CONTRACT, BONDS AND INSURANCE
APPROVED BY:
Mary E. Binning
Senior Assistant City Attorney
CITY OF ORANGE, a municipal corporation
By:
Mark A. Murphy
Mayor of the City of Orange
ATTEST:
Pamela Coleman, City Clerk
“CONTRACTOR”
ELEGANT CONSTRUCTION INC,
a California corporation
[Note: Signature of Chairman of the By:
Board, President or Vice President is Printed Name:
required] Title:
[Note: Signature of Secretary, Assistant By:
Secretary, Chief Financial Officer or Printed Name:
Assistant Treasurer is also required] Title:
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Attachment No. 1
ATTACHMENT NO. 1
CALIFORNIA LABOR CODE
SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815
Section 1725.5. Registration of contractors; mandatory registration; qualifications and application; fees; exempt contractors
A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contr act that is subject to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1. (a) To qualify for registration under this section, a contractor shall do all of the following:
(1)(A) Register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewa l fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3. (B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section.
Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of th is paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal , or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
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(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000). (b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section. (3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any b id proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.
Section 1771. Payment of general prevailing rate
Except for public works projects of one thousand dollars ($1,000) o r less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.
This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 354
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Section 1771.1 . Registration as a contractor or subcontractor required prior to bid submission; exceptions; violations; penalties
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code , or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code , provided the contractor is registered to p erform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) 355
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for each day the unregistered lower tier subcontractor performs work in violation of th e registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742 . The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to th e contractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file wit h the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 356
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(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop ord er issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.
Section 1771.4. Additional requirements when bidding and awarding public works contracts
(a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awar ding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall r etain the records specified in Section 1776 for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
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(b) The Labor Commissione r may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public w orks projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.
(2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages. (c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016.
Section 1775. Penalties for violations
(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid l ess than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for ea ch worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor 358
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or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of t he penalty shall be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public wo rks project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontra ctor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. (c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.
Section 1776. Payroll records; retention; inspection; redacted information; agencies entitled to receive nonredacted copies of certified records; noncompliance penalties; rules
(a) Each contractor and subcontractor shall keep 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 him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771 , 1811, and 1815 for any work performed by his or her employees on the public works project. 359
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(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor.
(c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.
The payroll records may consist of printo uts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspectio n as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft -Hartley trust fund ( 29 U.S.C. Sec. 186(c)(5) ) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor - management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pur suant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. 360
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(2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a pe nalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Div ision of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(j) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Titl e 1 of the Government Code ) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for rep roducing copies of records required by this section.
Section 1777.5. Employment of registered apprentices; wages; standards; number; apprenticeable craft or trade; exemptions; contributions; compliance program
(a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 361
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apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. (d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Califor nia Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o).
(e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, i f requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the publ ic work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in t he same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator 362
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of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not l ess than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or who has be en previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1 -to-5 ratio r equired by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contra ct would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individ ual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public w orks site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of th e contributions in computing his or her bid for the contract. (2)(A) At the conclusion of the 2002 -03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:
363
Attachment No. 1
(i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship and preapprenticeship standards and requirements under this code. (B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees, prior to the receipt of any grant funds, to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so that the Department of Industrial Relations is able to verify that grant funds were used s olely for training apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this subdivision.
(C) The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant funds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of the apprenticeship program.
(3) All training cont ributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contributi on Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.
Section 1813. Forfeiture for violations; contract stipulation; report of violations
The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of 364
Attachment No. 1
the contract by the respective contra ctor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement.
Section 1815. Overtime
Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of s aid sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 h ours per day at not less than 1 ½ times the basic rate of pay.
365
Attachment No. 2
ATTACHMENT NO. 2
CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204
Section 9204. Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process (Eff: January 1, 2017)
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 366
Attachment No. 2
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or i mprovement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion an d the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public e ntity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlemen t of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in disp ute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each par ty shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 367
Attachment No. 2
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of th is section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor . The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shal l be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute r esolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 368
Agenda Item
City Council
Item #: 3.26. 3/8/2022 File #: 22-0120
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Award of Contract to Beador Construction Company, Inc. for D-178; Tustin St., Katella Ave. & La Veta Ave. Water Quality Storm Drain Improvement project; Bid No. 21-22.27.
2. SUMMARY
Bids for the Tustin St., Katella Ave. & La Veta Ave. Water Quality Storm Drain Improvement project (D -178) were received and opened on February 24, 2022. Eight bidders responded to the notice inviting bids. The apparent low bidder is Beador Construction Company, Inc. of Corona, California in the amount of $753,300.
3. RECOMMENDED ACTION
1. Approve contract with Beador Construction Company, Inc. in the total amount of $828,630, representing an original amount of $753,300 plus a 10% contingency of $75,330, for Tustin St., Katella Ave. & La Veta Ave. Water Quality Storm Drain Improvement, and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Authorize the appropriation of $250,000 from the Sanitation and Sewer Fund unreserved fund balance to expenditure account number 220.5022.56340.20485 Sanitation and Sewer - Tustin St., Katella Ave. & La Veta Ave. Water Quality Storm Drain Improvement.
4. FISCAL IMPACT
The total expenditure for this project is $828,630 and will be funded in “Tustin Street BioClean Installation” (20485) through:
Sanitation and Sewer (220) $328,630
Reimbursable Capital Projects (550) 500,000
Total: $828,630
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.
Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.
6. DISCUSSION AND BACKGROUND
City of Orange Printed on 3/3/2022Page 1 of 2
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369
Item #: 3.26. 3/8/2022 File #: 22-0120
The City Council previously approved advertisement of bids for Tustin St., Katella Ave. & La Veta Ave. Water Quality Storm Drain Improvement project on January 11, 2022. The primary funding for this project is from the Environmental Cleanup Tier 1 Grant Program managed by the Orange County Transit Authority (OCTA) Bid solicitation 21-22.27 was advertised on February 10, 2022 for a period of two weeks and bids were opened on February 24, 2022. Eight bids were received as follows:
1. Beador Construction Company, Inc., Corona $ 753,300
2. Bonadiman Water Inc., Riverside $ 949,000
3. Palp Inc., dba Excel Paving Co, Long Beach $ 949,600
4. Paulus Engineering, Inc., Compton $ 999,777
5. Clarke Contracting Corporation., Lawndale $1,033,093
6. TE Roberts Inc., Irvine $1,058,220
7. Lucas Builders, Inc., La Habra $1,103,066
8. Kordich Construction Inc., Cypress $1,200,417
The low bid is about 25.2% higher than the Engineer’sEstimate of $563,500 due to complicated traffic control phasing, pandemic induced disruption, uncertainty of the construction labor market and construction cost escalation. Staff checked the references and qualifications for Beador Construction Company, Inc. and found them to be acceptable, with adequate years of experience in completing contracts of similar nature to this project. Therefore, staff recommends that Beador Construction Company, Inc. be awarded the contract in the amount of $828,630, representing an original amount of $753,300 plus a 10% contingency of $75,330, for Tustin St., Katella Ave. & La Veta Ave. Water Quality Storm Drain Improvement project.
This project will also provide storm drain water quality improvements on various streets in the City of Orange. On Tustin Street just north of the Santiago Creek, a Debris Separating Baffle Box (DSBB) will be installed. This unit will capture trash, debris and other gross pollutants via its trash screens, sediment chambers, and the use of an oil skimmer and hydrocarbon boom filters. On Katella Avenue, and La Veta Avenue and Main Street, connector pipe screens (CPS) or Full Trash Capture (FTC) units will be installed. These units will be installed in existing catch basins and will capture trash, debris and other pollutants.
The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA guidelines Section 15301 “Existing Facilities” Class 1 (c). The CEQA Notice of Exemption has been filed with the County Recorder’s Office.
Construction is scheduled to begin in July 2022 and is expected to be completed by September 2022.
7. ATTACHMENTS
· Bid Abstract
· Contract with Beador Construction Company, Inc.
City of Orange Printed on 3/3/2022Page 2 of 2
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370
Agenda Item
City Council
Item #: 3.26. 3/8/2022 File #: 22-0120
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Award of Contract to Beador Construction Company, Inc. for D-178; Tustin St., Katella Ave. & La Veta Ave. Water Quality Storm Drain Improvement project; Bid No. 21-22.27.
2. SUMMARY
Bids for the Tustin St., Katella Ave. & La Veta Ave. Water Quality Storm Drain Improvement project (D -178) were received and opened on February 24, 2022. Eight bidders responded to the notice inviting bids. The apparent low bidder is Beador Construction Company, Inc. of Corona, California in the amount of $753,300.
3. RECOMMENDED ACTION
1. Approve contract with Beador Construction Company, Inc. in the total amount of $828,630, representing an original amount of $753,300 plus a 10% contingency of $75,330, for Tustin St., Katella Ave. & La Veta Ave. Water Quality Storm Drain Improvement, and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Authorize the appropriation of $250,000 from the Sanitation and Sewer Fund unreserved fund balance to expenditure account number 220.5022.56340.20485 Sanitation and Sewer - Tustin St., Katella Ave. & La Veta Ave. Water Quality Storm Drain Improvement.
4. FISCAL IMPACT
The total expenditure for this project is $828,630 and will be funded in “Tustin Street BioClean Installation” (20485) through:
Sanitation and Sewer (220) $328,630
Reimbursable Capital Projects (550) 500,000
Total: $828,630
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.
Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.
6. DISCUSSION AND BACKGROUND
City of Orange Printed on 3/3/2022Page 1 of 2
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371
Item #: 3.26. 3/8/2022 File #: 22-0120
The City Council previously approved advertisement of bids for Tustin St., Katella Ave. & La Veta Ave. Water Quality Storm Drain Improvement project on January 11, 2022. The primary funding for this project is from the Environmental Cleanup Tier 1 Grant Program managed by the Orange County Transit Authority (OCTA) Bid solicitation 21-22.27 was advertised on February 10, 2022 for a period of two weeks and bids were opened on February 24, 2022. Eight bids were received as follows:
1. Beador Construction Company, Inc., Corona $ 753,300
2. Bonadiman Water Inc., Riverside $ 949,000
3. Palp Inc., dba Excel Paving Co, Long Beach $ 949,600
4. Paulus Engineering, Inc., Compton $ 999,777
5. Clarke Contracting Corporation., Lawndale $1,033,093
6. TE Roberts Inc., Irvine $1,058,220
7. Lucas Builders, Inc., La Habra $1,103,066
8. Kordich Construction Inc., Cypress $1,200,417
The low bid is about 25.2% higher than the Engineer’sEstimate of $563,500 due to complicated traffic control phasing, pandemic induced disruption, uncertainty of the construction labor market and construction cost escalation. Staff checked the references and qualifications for Beador Construction Company, Inc. and found them to be acceptable, with adequate years of experience in completing contracts of similar nature to this project. Therefore, staff recommends that Beador Construction Company, Inc. be awarded the contract in the amount of $828,630, representing an original amount of $753,300 plus a 10% contingency of $75,330, for Tustin St., Katella Ave. & La Veta Ave. Water Quality Storm Drain Improvement project.
This project will also provide storm drain water quality improvements on various streets in the City of Orange. On Tustin Street just north of the Santiago Creek, a Debris Separating Baffle Box (DSBB) will be installed. This unit will capture trash, debris and other gross pollutants via its trash screens, sediment chambers, and the use of an oil skimmer and hydrocarbon boom filters. On Katella Avenue, and La Veta Avenue and Main Street, connector pipe screens (CPS) or Full Trash Capture (FTC) units will be installed. These units will be installed in existing catch basins and will capture trash, debris and other pollutants.
The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA guidelines Section 15301 “Existing Facilities” Class 1 (c). The CEQA Notice of Exemption has been filed with the County Recorder’s Office.
Construction is scheduled to begin in July 2022 and is expected to be completed by September 2022.
7. ATTACHMENTS
· Bid Abstract
· Contract with Beador Construction Company, Inc.
City of Orange Printed on 3/3/2022Page 2 of 2
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372
City of Orange: Summary of Bid Abstracts for:
1 2 3
Bid No. 21-22.27; Project No. D-178
Date of Bid Opening: 2/24/2022
Tel. No. (951) 674-7352 Tel. No. (951) 657-0200 Tel. No. (562) 599-5841 NO. DESCRIPTION OF WORK QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Traffic Control 1 LS 30,000.00$ $30,000.00 $126,750.00 $126,750.00 $84,000.00 $84,000.00 $93,000.00 $93,000.00 2 Furnish and Install Hydrodynamic Separator
(Bioclean DSBB-11-24-132). Inclusive of
Sawcut, A.C. Restoration, Aggregate Base,
Striping Restoration, Concrete Restoration,
Trench Repair Per City of Orange Std. 125,
327, Breaking Into and Removal of Existing
Storm Drain, and Retooling Upstream and
Downstream Joints
1 LS 410,000.00$ $410,000.00 $487,700.00 $487,700.00 $700,000.00 $700,000.00 $581,000.00 $581,000.00 3 Furnish and Install Connector Pipe Screen
Units (Advanced Drainage Systems) with Top
Deflector Screens at Various Locations per
Plan.
8 EA 2,000.00$ $16,000.00 $1,800.00 $14,400.00 $2,000.00 $16,000.00 $1,350.00 $10,800.00 4 Furnish and Install Full Trash Capture (FTC)
Units (Advanced Drainage Systems) at
Various Locations per Plan.
7 EA 1,500.00$ $10,500.00 $1,350.00 $9,450.00 $2,000.00 $14,000.00 $1,800.00 $12,600.00 5 Furnish and Install Precast Reinforced
Concrete Box with Bedding Class III per City
of Orange Std. 327
50 LF 1,000.00$ $50,000.00 $1,500.00 $75,000.00 $300.00 $15,000.00 $2,000.00 $100,000.00 6 Construct Junction Structure Type III Per City
Std 315 with Pressure
Manhole Per SPPWC Std No 328-2 and 211-2
1 EA 22,000.00$ $22,000.00 $20,000.00 $20,000.00 $60,000.00 $60,000.00 $76,100.00 $76,100.00 7 Construct Modified Junction Structure Type
III Per City Std 315 with Pressure Manhole
Per SPPWC Std No 328-2 and 211-2
1 EA 25,000.00$ $25,000.00 $20,000.00 $20,000.00 $60,000.00 $60,000.00 $76,100.00 $76,100.00 $563,500.00 $753,300.00 $949,000.00 $949,600.00Total
Tustin St, Katella Ave, & La Veta Ave Water Quality Storm Drain Improvement Project Tustin St, Katella Ave, & La Veta Ave Water Quality
Storm Drain Improvement Project
Corona, CA Riverside, CA Long Beach, CA
Beador Construction
Company, Inc.
Bonadiman Water Inc. Palp Inc, dba Excel paving
Company
ENGINEER'S ESTIMATE
City of Orange: Summary of Bid Abstracts for:
Bid No. 21-22.27; Project No. D-178
Date of Bid Opening: 2/24/2022
NO. DESCRIPTION OF WORK QTY
1 Traffic Control 1 LS
2 Furnish and Install Hydrodynamic Separator
(Bioclean DSBB-11-24-132). Inclusive of
Sawcut, A.C. Restoration, Aggregate Base,
Striping Restoration, Concrete Restoration,
Trench Repair Per City of Orange Std. 125,
327, Breaking Into and Removal of Existing
Storm Drain, and Retooling Upstream and
Downstream Joints
1 LS
3 Furnish and Install Connector Pipe Screen
Units (Advanced Drainage Systems) with Top
Deflector Screens at Various Locations per
Plan.
8 EA
4 Furnish and Install Full Trash Capture (FTC)
Units (Advanced Drainage Systems) at
Various Locations per Plan.
7 EA
5 Furnish and Install Precast Reinforced
Concrete Box with Bedding Class III per City
of Orange Std. 327
50 LF
6 Construct Junction Structure Type III Per City
Std 315 with Pressure
Manhole Per SPPWC Std No 328-2 and 211-2
1 EA
7 Construct Modified Junction Structure Type
III Per City Std 315 with Pressure Manhole
Per SPPWC Std No 328-2 and 211-2
1 EA
Total
Tustin St, Katella Ave, & La Veta Ave Water Quality Storm Drain Improvement Project Tustin St, Katella Ave, & La Veta Ave Water Quality
Storm Drain Improvement Project
4 5 6 7
Tel. No. (714) 632-3975 Tel. No. (310) 542-7724 Tel. No. (714) 669-0072 Tel. No. (310) 853-0690
UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT $20,732.00 $20,732.00 $65,000.00 $65,000.00 $28,163.00 $28,163.00 $137,000.00 $137,000.00 $740,000.00 $740,000.00 $733,493.00 $733,493.00 $649,634.00 $649,634.00 $573,566.00 $573,566.00 $860.00 $6,880.00 $1,500.00 $12,000.00 $5,705.00 $45,640.00 $3,500.00 $28,000.00 $665.00 $4,655.00 $1,800.00 $12,600.00 $5,734.00 $40,138.00 $3,500.00 $24,500.00 $2,255.00 $112,750.00 $1,500.00 $75,000.00 $2,691.00 $134,550.00 $4,200.00 $210,000.00 $56,200.00 $56,200.00 $66,000.00 $66,000.00 $81,366.00 $81,366.00 $65,000.00 $65,000.00 $58,560.00 $58,560.00 $69,000.00 $69,000.00 $78,729.00 $78,729.00 $65,000.00 $65,000.00 $999,777.00 $1,033,093.00 $1,058,220.00 $1,103,066.00
Irvine, CAAnaheim, CA Lawndale, CA
Paulus Engineering, Inc. Clarke Contracting Corporation TE Roberts Inc. Lucas Builders, Inc.
La Habra, CA
City of Orange: Summary of Bid Abstracts for:
Bid No. 21-22.27; Project No. D-178
Date of Bid Opening: 2/24/2022
NO. DESCRIPTION OF WORK QTY
1 Traffic Control 1 LS
2 Furnish and Install Hydrodynamic Separator
(Bioclean DSBB-11-24-132). Inclusive of
Sawcut, A.C. Restoration, Aggregate Base,
Striping Restoration, Concrete Restoration,
Trench Repair Per City of Orange Std. 125,
327, Breaking Into and Removal of Existing
Storm Drain, and Retooling Upstream and
Downstream Joints
1 LS
3 Furnish and Install Connector Pipe Screen
Units (Advanced Drainage Systems) with Top
Deflector Screens at Various Locations per
Plan.
8 EA
4 Furnish and Install Full Trash Capture (FTC)
Units (Advanced Drainage Systems) at
Various Locations per Plan.
7 EA
5 Furnish and Install Precast Reinforced
Concrete Box with Bedding Class III per City
of Orange Std. 327
50 LF
6 Construct Junction Structure Type III Per City
Std 315 with Pressure
Manhole Per SPPWC Std No 328-2 and 211-2
1 EA
7 Construct Modified Junction Structure Type
III Per City Std 315 with Pressure Manhole
Per SPPWC Std No 328-2 and 211-2
1 EA
Total
Tustin St, Katella Ave, & La Veta Ave Water Quality Storm Drain Improvement Project Tustin St, Katella Ave, & La Veta Ave Water Quality
Storm Drain Improvement Project
8 Tel. No. (714) 947-0395
UNIT PRICE AMOUNT
$25,000.00 $25,000.00
$938,917.00 $938,917.00
$1,500.00 $12,000.00
$3,500.00 $24,500.00
$2,000.00 $100,000.00
$50,000.00 $50,000.00
$50,000.00 $50,000.00
$1,200,417.00
Kordich Construction Inc.
Cypress, CA
CONTRACT
[Tustin Street, Katella Avenue, and La Veta Avenue Water Quality Storm Drain (WQSD) Improvement Project (Bid No. 21-22.27)]
THIS CONTRACT (the “Contract”) is made and ente red into as of ___ ___________, 2022 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and BEADOR CONSTRUCTION COMPANY, INC., a California corporation (“Contractor”), who agree as follows.
ARTICLE 1
Work Performed
a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two (2) bonds presented to City with this Contract and incorporated herein by this reference, Contrac tor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in good workmanship and substantial manner the work (the “Work”) described in:
(1) The Construction Plans for Tustin Street, Katella Avenue, and La Veta Avenue Water Quality Storm Drain (WQSD) Improvement Project (Drawing D-178) prepared for City by Youichi Nakagawa, approved by the “Engineer” (as defined herein below) on February 10, 2022, and consisting of sheets numbered 1 through 3, inclusive (the “Plans”);
(2) The latest edition of the "City of Orange Standard Plans and Specifications" (the “Orange Book”) with the term "Engineer," as used in the Orange Book and in this Contract, to specifically include the City Engineer (or his/her designee);
(3) The "Standard Specifications for Public Works Construction ” (the “Greenbook”), and all amendments thereto , except the definition of “Subcontractor” in Section 1.2 (General – Terms and Definitions) of Part 1 (General Provisions) of the Greenbook, which is hereby amended in its entirety to read as follows: “Subcontractor – An individual, firm, or corporation ha ving a direct contract with the Contractor for the performance of a part of the Work;”
(4) The “City of Orange Standard Special Provisions;”
(5) The Standard Plans; and
(6) Contractor’s Bid Proposal , which is on file with City’s Department of Public Works.
b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Greenbook and City of Orange Standard Special Provisions and Standard Plans are on file with City’s Public Works Director and are hereby specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges 376
2 that it has read, reviewed and understands the Plans, the Orange Book, the Greenbook, the Special Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of which documents shall be referred to herein collectively as the “Plans and Specifications.”
c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal Code which requires, among other things, that Contractor utilize City’s exclusive solid waste hauler for the rental of bins for trash and debris removal and imposes mandatory recycling requirements for self-hauled construction and demolition waste. The terms and conditions set forth in this Contract shall control over any terms and conditions in the Plans and Specifications to the contrary.
d. The Work shall be performed in conformity with the Plans and Specifications and the Bid Proposal and all applicable laws, including any and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment.
e. Unless and until otherwise notified in writing by City’s Public Works Director, City’s Senior Civil Engineer, Youichi Nakagawa (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Public Works Director may designate from time to time, that Contractor shall coordi nate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Public Works Director.
f. It is expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and Contractor’s Bid Proposal, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid Proposal conflicting herewith.
ARTICLE 2
Commencement of Work
Contractor shall commence the Work provided for in this Contract within fifteen (15) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within forty-five (45) calendar days from such date, unless legal extension is granted in accordance with the terms set forth in the Greenbook. Time is of the essence in this Contract .
Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work.
ARTICLE 3
Compensation
a. Contractor agrees to receive and accept an amount not to exceed SEVEN HUNDRED FIFTY -THREE THOUSAND THREE HUNDRED DOLLARS and 00/100 ($753,300.00) as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the 377
3 nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below ; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.
b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of SEVENTY-FIVE THROUSAND THREE HUNDRED THIRTY DOLLARS and 00/100 ($ 75,330.00) has been added to the total compensation of this Contract. The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such Work or services.
c. The total amount of compensation under this Contract, including contingencies, shall not exceed EIGHT HUNDRED TWENTY -EIGHT THOUSAND SIX HUNDRED THIRTY DOLLARS and 00/100 ($828,630.00).
ARTICLE 4
Licenses
Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the Work contemplated by this Contract and that Contractor and subcontractors shall maintain all appro priate licenses, including a City of Orange business license, at its cost, during the performance of this Contract.
ARTICLE 5
Guarantees
a. Contractor guarantees the construction and installation of all Work included in the Plans and Specifications for which Contractor has been awarded this Contract.
b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty equ ipment, workmanship, materials furnished or methods of installations, or should said Work or any part thereof fail to 378
4 function properly, as designed, due to any of the above causes within twelve (12) months after the date on which said Work is accepted by City, Contractor shall make repairs and furnish such materials and equipment as are necessary to be furnished and installed within fifteen (15) calendar days after the receipt of a demand from City.
c. Said Work will be deemed defective within the meaning of this guarantee in the event that it fails to function as originally intended either by the Plans and Specifications of this Contract or by the manufacturer(s) of the equipment incorporated into the Work.
d. In the event repairs are not made within fifteen (15) calendar days after Contractor's receipt of a demand from City, City shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand, for all expenses i ncurred in restoring said Work to the condition contemplated in this Contract, including the cost of any equipment or materials replaced.
e. It is understood that emergency repairs may, by necessity, be made by City.
Therefore, when defective equipment, materials or workmanship result in emergency repairs by City, Contractor shall reimburse City, upon demand, for all expenses incurred. Emergency repairs will be deemed as those repairs determined by City’s Director of Public Works to be necessary due to a n immediate detriment to the health, safety, welfare or convenience of the residents of City.
ARTICLE 6
Water Quality
a. The Santa Ana Regional Water Quality Control Board (“RWQCB”) has issued National Pollutant Discharge Elimination System (“NPDES”) Permit No. R8 -2009-0030 (the “Permit”), which governs storm water and non -storm water discharges resulting from municipal activities performed by City or its contractors. In order to comply with the Permit requirements, the County of Orange has prepared a Drainage Area Management Plan (“DAMP”), containing Model Maintenance Procedures with Best Management Practices (“BMPs”) that City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniq ues to minimize the impact of those activities upon dry -weather urban runoff, storm water runoff, and receiving water quality. Examples include: wash water from cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas.
b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the office of City’s Director of Public Works. Contractor hereby acknowledges that it has read, reviewed and understands the Permit, the DAMP and the Model Maintenance Procedures, as they relate to the Work and hereby shall perform the Work in conformance therewith.
ARTICLE 7
Independent Contractor; Contractor not Agent
a. At all times during the term of this Contract, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor’s services rendered pursuant to this Contract. City shall not have the 379
5 right to control the means by which Contractor accomplishes servi ces rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Contract. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long -term disability or workers' compensation insurance benefits.
b. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.
ARTICLE 8
Public Work; Prevailing Wage
a. The Work which is the subject of this Contract is a “public work,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid.
To the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that Contractor, and any s ubcontractor under it, shall pay not less than the specified prevailing ra tes of wages to all such workers . The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations ( www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions.
c. Contractor shall secure the payment of compensation to its employees in accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with suc h provisions before commencing the performance of the work of this contract.”
380
6 d. Contractor shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increased costs” (including reasonable attorney’s fees, court and litigation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the W ork which is the subject of this Contract, Contractor shall bear all risks of payment or non -payment of state prev ailing wages. “Increased costs” as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time. The foregoing indemnity shall survive termination of this Contract.
ARTICLE 9
Equal Employment Opportunity
During the performance of this Contract, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor shall post i n conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contract or, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any Work covered by this Contract, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
ARTICLE 10
Conflicts of Interest
Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code. Contractor further agrees that it shall not be eligible to work as the builder for any project for which the design work is part of this Contract.
381
7 ARTICLE 11
Indemnity
Contractor shall defend, indemnify and hold harmless City and its officers, officials, agents, and employees from and against:
a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or adjacent to the real property which is the subject of this Contract, or in connection with performance of this Contract which may be directly or indirectly caused by the acts or omissions of Contractor or its officers, employees, contractors or agents, or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents, and employees. The foregoing indemnity shall survive termination of this Contract.
b. Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or its subcontractor’s employees arising out of Contractor’s Work under this Contract, including any and all claims under any law per taining to Contractor’s status as an independent contractor.
ARTICLE 12
Insurance
a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability m inimums set forth below shall be maintained for the duration of the Contract.
b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.
(1) General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the general aggregate
limit shall be twice the required
occurrence limit.
(2) Automobile Liability $1,000,000 per accident for bodily injury and property damage.
382
8 (3) Workers’ Compensation as required by the State of California.
(4) Employer’s Liability $1,000,000 per accident for bodily injury or disease.
c. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract.
d. Any deductibles or se lf-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions with respect to City, its officers, officials, agents and employees; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
e. Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:
(1) City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, with respect to liability arising out of automobiles owned, leased, hired or bo rrowed by or on behalf of Contractor (any auto), and with respect to liability arising out of Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such Work or operations. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall apply to City as an additional insured.
(2) For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance with respect to City, its officers, officials, agents and employees. Any insurance or self-insurance maintained by City, its officers, officials, agents and employees shall be excess of Contractor’s insurance and shall not contribute with it.
(3) Coverage shall not be canceled, except after thirty (30) days’ pri or written notice has been provided to City.
f. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Article 12. The endorsements shall be on forms acceptable to City. All certificate s and endorsements are to be received and approved by City before the Work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
g. All insurance procured and maintained by Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. 383
9 h. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Contract unless otherwise directed by City. In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom by way of set-off from any sums owed Contractor.
i. Contractor agrees that in the event of loss due to any of the perils for which i t has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all Work performed by Contractor, its employees, agents and subcontractors. Contractor shall obtain any other endorsement that may be necessary to effect this waiver of subrogation.
j. Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein.
ARTICLE 13
Termination
City, acting through its City Manager or his /her designee, reserves the right to terminate this Contract for any reason by giving five (5) days’ written notice of intent to terminate to Contractor. Upon receipt of notice, Contractor shall immediately cease work, unless the notice provides otherwise. Should City terminate this Contract, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Contract, unless such termination shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.
ARTICLE 14
Maintenance and Inspection of Records
In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Contract. During the term of this Contract and for a period of three (3) years after termination or completion of this Contract, City shall have the right to inspect and/or audit Contractor's records pertaining to the performance of this Contract at Contractor's office. Contractor shall make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.
ARTICLE 15
Compliance with Laws
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by Contractor or any subcontractor hereunder.
384
10 b. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Contract comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and
(2) Has not and will not knowingly employ any individual to perform services under this Contract who is ineligible to work in the United States or under the terms of this Contract; and
(3) Has properly maintained, and shall at all times during the term of this Contract properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and
(4) Has responded, and shall at all times during the term of this Contract respond, in a timely fashion to any government inspection requests relating to im migration law compliance and/or Form I -9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.
c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services under this Contract.
d. Contractor shall, upon request of City, provide a list of all employees working under this Contract and shall provide, to th e reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract.
e. If Contractor, or a subcontractor or subconsultant, knowingly employs an employee providing Work under this Contract who is not authorized to work in the United States, and/or fails to follow federal laws to determine the stat us of such employee , such shall constitute a material breach of this Contract and may be cause for immediate termination of this Contract by City.
f. Contractor shall indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor’s failure to comply with said laws, rules and regulati ons in connection with the performance of this Contract.
ARTICLE 16
Governing Law and Venue
This Contract shall be construed in accordance with and governed by the laws of the State of California and Contractor shall submit to the juri sdiction of California courts. Venue for any dispute arising under this Contract shall be in Orange County, California. 385
11 ARTICLE 17
Integration and Amendment
a. This Contract constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the Work to be performed under this Contract shall be of any force or effect unless it is in writing and signed by both parties. Any Work performed which is inconsistent with or in violation of the provisions of this Contract shall not be compensated.
b. Amendments to this Contract must be in writing and signed by both parties. [For contracts approved by the City Council: The City Manager is authorized to execute amendments to this Contract up to the amounts specified in Chapter 3.08 of the Orange Municipal Code.]
ARTICLE 18
Notice
Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
Beador Construction Company, Inc. City of Orange
26320 Lester Circle 300 E. Chapman Avenue
Corona, CA 92883 Orange, CA 92866-1591
Attn: David Beador Attn: Youichi Nakagawa
Telephone: (951) 674-7352 Telephone: (714) 744-5572
E-Mail: [email protected] E-Mail: [email protected]
ARTICLE 19
Claim Resolution
City and Contractor agree that the claim resolution process applicable to any claim by Contractor in connection with the Work provided herein shall be subject to the procedures set forth in California Public Contract Code Section 9204 , attached hereto as Attachment No. 2, and incorporated herein by this reference.
ARTICLE 20
Counterparts
This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute on e and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures. 386
12 “CITY”
CONTRACT, BONDS AND INSURANCE
APPROVED BY:
Mary E. Binning
Senior Assistant City Attorney
CITY OF ORANGE, a municipal corporation
By:
Mark A. Murphy
Mayor of the City of Orange
ATTEST:
Pamela Coleman, City Clerk
“CONTRACTOR”
BEADOR CONSTRUCTION COMPANY, INC.,
a California corporation
[Note: Signature of Chairman of the By:
Board, President or Vice President is Printed Name:
required] Title:
[Note: Signature of Secretary, Assistant By:
Secretary, Chief Financial Officer or Printed Name:
Assistant Treasurer is also required] Title:
387
Attachment No. 1