Agenda packet — Orange City Council, April 12, 2022 (part 1 of 7)

Rob Houston
City Manager
Gary A. Sheatz
City Attorney
Pamela Coleman
City Clerk
MARK A. MURPHY
Mayor

KIMBERLEE NICHOLS
Mayor pro tem

CHIP MONACO
Councilmember

ARIANNA BARRIOS
Councilmember, District 1

JON DUMITRU
Councilmember, District 2

KATHY TAVOULARIS
Councilmember, District 3

ANA GUTIERREZ
Councilmember, District 5
AGENDA
City Council
April 12, 2022
4:30 PM Employee Recognition
5:00 PM Closed Session
6:00 PM Regular Session
City Council Chamber
300 E. Chapman Avenue
Orange, CA 92866
The City of Orange City Council welcomes you to this meeting and encourages your participation. Regular City Council meetings are held on the second Tuesday of each month at 6:00 p.m.

Agenda Information
The agenda contains a brief general description of each item to be considered. The City Council may take legislative action deemed appropriate with respect to the item and is not limited to the recommended action indicated in staff reports or the agenda. The agenda and supporting documentation is available after 4:00 p.m. on the Thursday prior to the Council meeting on the City's website at www .cityoforange.org, at the City Clerk's Office located at 300 E. Chapman Avenue, and at the Main Public Library located at 407 E. Chapman Avenue. Written materials relating to an item on the agenda that are provided to the City Council after agenda packet distribution and within 72 hours before it is to consider the item will be made available for public inspection in the City Clerk ’s Office during normal business hours; at the City Council meeting; and made available on the City's website.

Public Participation
Regular meetings are televised live on Spectrum Cable Channel 3 and AT&T U -verse Channel 99, and streamed live and on-demand on the City's website at www.cityoforange.org.

Pursuant to Government Code Section 54954.3, members of the public may address the City Council on any agenda item before or during Council ’s consideration of the item, and on any other matters within the City Council’s jurisdiction by using any of the following methods:
1) In-Person
To speak on an item on the agenda, complete a speaker card indicating your name and address, and identifying the agenda item number or subject matter you wish to address. The card should be given to the City Clerk prior to the start of the meeting. General comments are received during the “Public Comments ” section at the beginning of the Regular Session. No action may be taken on off -agenda items unless authorized by law. Public Comments are limited to three (3) minutes per speaker unless a different time limit is announced. It is requested that you state your name for the record, then proceed to address the City Council. All speakers shall observe civility, decorum, and good behavior. (Continued on page 2)

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1 City Council Agenda April 12, 2022
2) Written Public Comments via email or eComment
Members of the public can submit their written comments electronically for City Council consideration by emailing them to CCpubliccomment@cityoforange .org with the subject line “Public Comment Item # (insert the item number relevant to the comment )” or “Public Comment Non -agenda Item” for general public comments. The public can also submit written comments on the City ’s eComment page. Please visit the City’s website at www .cityoforange.org, click Current City Council Agenda, then click the eComment link for this meeting. To ensure distribution to the City Council prior to consideration of the agenda, we encourage the public to submit comments by 3:00 p.m. the day of the meeting. All public comments will be provided to the Council, posted on the City’s website, and compiled as part of the record. 3) Public Comments via recorded voicemail message
Finally, the public can record their comments by calling (714) 744-2234 no later than 5:00 p.m. the day of the meeting. Recorded messages will not be played at the meeting, but will be provided to the Council and the caller's position will be summarized in the minutes.

In accordance with Ordinance No. 10-01, any person making personal, impertinent, slanderous or profane remarks or who becomes boisterous while addressing the Council shall be called to order by the Mayor. If such conduct continues, the Mayor may order the person barred from addressing the City Council further during that meeting, unless permission to continue is granted by a majority vote of the Council.

Please contact the City Clerk’s Office at (714) 744-5500 with any questions.

ADA Requirements: In compliance with the Americans with Disabilities Act, if you need accommodations to participate in this meeting, please contact the City Clerk's office at (714) 744-5500. Notification at least 48 hours in advance of meeting will enable the City to make arrangements to assure accessibility to this meeting.

REMINDER: Please silence all electronic devices while City Council is in session.

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4:30 PM EMPLOYEE RECOGNITION

1. WELCOME

2. EMPLOYEE SERVICE AWARDS

3. RECESS
5:00 PM CLOSED SESSION

1. ROLL CALL

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, members of the public may address the Council on Closed Session items only. Public Comments are limited to three (3) minutes per speaker.

3. RECESS TO CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) Name of case: Mary's Kitchen, et al. v. City of Orange
United States District Court Case No. 8:21-cv-01483-JVS-KES b. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(b).

Title: Community Services Director
c. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2). (One potential case)

4. CLOSED SESSION REPORT

5. ADJOURNMENT
The City Council will adjourn to the 6:00 p.m. Regular Session in the Council Chamber.

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6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER

1.1 INVOCATION
Pastor Craig Hill, Taft Avenue Community Church

1.2 PLEDGE OF ALLEGIANCE
Mayor Mark A. Murphy

1.3 ROLL CALL

1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation recognizing April as DMV/Donate Life California Month Orange Public Library Foundation Presentation to the Orange Public Library

2. PUBLIC COMMENTS
At this time, members of the public may address the Council on matters not listed on the agenda within the subject matter jurisdiction of the City Council, provided that NO action may be taken on off -agenda items unless authorized by law. Public Comments are limited to three (3) minutes per speaker.

3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion approving the recommended action listed on the Agenda. Any member of the City Council, staff or the public may request an item be removed from the Consent Calendar for discussion or separate action. Unless otherwise specified in the request to remove an item from the Consent Calendar, all items removed shall be considered immediately following action on the remaining items on the Consent Calendar.

3.1. Waive reading in full of all ordinances on the Agenda.

Approve.

Recommended Action:

Staff ReportAttachments:

3.2. Confirmation of warrant registers dated March 3, 11, 17, 25, and 31, 2022.

Approve.

Recommended Action:

Staff ReportAttachments:

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3.3. Approval of meeting minutes of the City Council of the City of Orange for the March 8, 2022, Regular Meeting; and March 22, 2022, Adjourned Regular Meeting.

Approve minutes as presented.

Recommended Action:

Staff Report
March 8, 2022, Regular Meeting minutes
March 22, 2022, Adjourned Regular Meeting minutes
Attachments:

3.4. Receive and file Fiscal Year 2022-2023 Community Development Block Grant funding recommendations.

Receive and file Fiscal Year 2022-2023 Community Development Block Grant funding recommendations.

Recommended Action:

Staff Report
2022-2023 CDBG and HOME Funding Recommendations
Attachments:

3.5. Agreement with Kimley -Horn and Associates, Inc. for Traffic Engineering Services for development of a Local Roadway Safety Plan.

1. Approve the agreement with Kimley -Horn and Associates, Inc. in the amount of $99,569.63 for Traffic Engineering Services for development of a Local Roadway Safety Plan; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize $9,956.96 (10%) of the contract amount for contingency purposes.

Recommended Action:

Staff Report
Professional Services Agreement
Attachments:

3.6. Agreement with the County of Orange for a Lead Forensic Specialist during Fiscal Years 2022-2025.

Approve the agreement with the County of Orange in the amount of $ 198,614 for a Lead Forensic Specialist; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Agreement with the County of Orange
Attachments:

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3.7. Agreement with N. Harris Computer Corporation for the support and maintenance of current software used with the Utility Billing and Water Division ’s mobile work order system.

Approve the five -year agreement with N. Harris Computer Corporation in the amount of $508,914 for Utility Billing Software maintenance; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Professional Services Agreement
Attachments:

3.8. Agreement with Data Ticket, Inc. for continued parking permit and citation processing services.

Approve the agreement with Data Ticket, Inc. for parking permit and citation processing services; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Professional Services Agreement with DTI
Attachments:

3.9. First Amendment to the Agreement with Academy Electric, Inc. for an emergency vault pump replacement at Eisenhower Park.

1. Authorize the appropriation of $33,000 from the General Fund (100) unreserved fund balance to expenditure account 100.7022.51420.00000, General Fund - Maintenance Contracts.

2. Approve First Amendment with Academy Electric, Inc. in an amount of $33,000 to replace the vault pumps at Eisenhower Park; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
First Amendment to Agreement with Academy Electric, Inc.

Attachments:

3.10. Second Amendment to Agreement with Tetra Tech, Inc. for design services to include a Per- and polyfluoroalkyl substances (PFAS) treatment system at Well

28. Approve the Second Amendment with Tetra Tech, Inc. in an amount not to exceed $230,000; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Second Amendment to Agreement No. 6780
Attachments:

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3.11. Appropriation of $4,063.64 in revenue from Community Garden plot leases.

1. Accept into the City ’s revenue budget $4,063.64 in community garden plot fees into revenue account 100.7001.44210.20227 General Fund - Garden Plots.

2. Authorize the appropriation of $4,063.64 in the following expenditure account number 100.7001.51700.20227, General Fund - Garden Plots.

Recommended Action:

Staff ReportAttachments:

3.12. Appropriation of $ 19,405.69 in State of California Office of Emergency Services funding received.

1. Accept into the City ’s revenue budget $19,405.69 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 $19,405.69 into the expenditure account number for Overtime-Safety as specified in Section 6 of the staff report.

Recommended Action:

Staff ReportAttachments:

3.13. Appropriation of $ 60,000 in designated donation funding received from the Orange Public Library Foundation.

1. Accept into the City ’s revenue budget a $60,000 donation from Orange Public Library Foundation, into revenue account number 100.2001.48390.19322, General Fund - Orange Public Library Foundation.

2. Authorize the appropriation of $60,000 into expenditure account number 100.2004.55131.19322, General Fund - Orange Public Library Foundation.

Recommended Action:

Staff ReportAttachments:

3.14. Appropriation of $ 2,500 in designated grant funding received from California Library Association and California State Library.

1. Accept into the City ’s revenue budget $2,500 in grant funds from California Library Association and California State Library into the following revenue account numbers in the General Fund:
$2,000 100.2001.45495.30121 - Lunch at the Library Grant $ 500 100.2001.45290.30120 - Día de los Niños/Libros Grant

2. Authorize the appropriation of $2,500 into the following expenditure account numbers in the General Fund:
$2,000 100.2016.53340.30121 - Lunch at the Library Grant $ 500 100.2017.53340.30120 - Día de los Niños/Libros Grant Recommended Action:

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Staff ReportAttachments:

3.15. Approval of plans and specifications for Annual Sewer Line Cleaning and CCTV Video Inspection, and authorization to advertise for bids.

Approve plans and specifications and authorize advertising for bids for Annual Sewer Line Cleaning and CCTV Video Inspection; Bid No. 21-22.33.

Recommended Action:

Staff Report
Scope of Work
Attachments:

3.16. Approval of plans and specifications for Katella Avenue Street Rehabilitation; and authorization to advertise Bid No. 21-22.34.

Approve plans and specifications and authorize advertising for bids for Katella Avenue Street Rehabilitation.

Recommended Action:

Staff Report
Location Map
Attachments:

3.17. Approval of plans and specifications for Annual Slurry Seal at Various Locations, Fiscal Year 2021-2022; and authorization to advertise Bid No. 21-22.35.

Approve plans and specifications and authorize advertising for bids for Annual Slurry Seal at Various Locations, Fiscal Year 2021-2022; SP-4211.

Recommended Action:

Staff Report
Location Maps
Attachments:

3.18. Claims for Damages.

Deny the following claims and refer to City Attorney and Claims Adjuster:

1. Seymour Lathan

2. Joey Ramirez

3. Gary L. Bixel

4. Phillip Matthew Cortez
Recommended Action:

Staff ReportAttachments:

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3.19. Final Acceptance of Bid No. 21-22.07, Community Development Block Grant (CDBG) Fiscal Year (FY) 2021-2022 Americans with Disabilities Act (ADA) Wheelchair Access Ramp Replacement at Various locations, FY 21-22; and authorization to file Notice of Completion.

Accept the CDBG FY 2021-2022 Americans with Disabilities Act (ADA) Wheelchair Access Ramp Replacement at Various locations project as complete, and authorize staff to file Notice of Completion with the County Recorder.

Recommended Action:

Staff Report
Notice of Completion and Acceptance
Attachments:

3.20. Final Acceptance of Bid No. 20-21.03, Installation of Radar Feedback Signs at Various Locations, Highway Safety Improvement Program L -5073(089); and authorization to file Notice of Completion.

Accept Installation of Radar Feedback Signs at Various Locations, Highway Safety Improvement Program L -5073(089), SP -4037, as complete and authorize staff to file Notice of Completion with the County Recorder.

Recommended Action:

Staff Report
Notice of Completion and Acceptance
Attachments:

3.21. Award of Contract to RS Construction and Development, Inc. for Community Development Block Grant Americans with Disabilities Act, El Modena Branch Library Bathroom Remodel; Bid No. 21-22.26.

1. Authorize the appropriation transfer of $115,000 from expenditure account number 310.9645.57130.11070, Community Development Block Grant - Contingency Account to expenditure account number 310.9645.56020.30161, Community Development Block Grant - ADA El Modena Branch Library Bathroom Remodel.

2. Approve the contract with RS Construction & Development, Inc. in the amount of $160,356, representing an original bid amount of $139,440, plus a 15% contingency of $20,916 for ADA El Modena Branch Library Bathroom Remodel; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Bid Abstract
Contract with RS Construction & Development, Inc.

Attachments:

3.22. Award of Contract to R .J. Noble Company for Annual Pavement Maintenance at Various Locations, FY 2021-2022; Bid No. 21-22.28.

Approve contract with R .J. Noble Company in the total amount of $ 3,005,618, Recommended Action:

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representing an original amount of $ 2,732,380 plus a 10% contingency of $ 273,238, for Annual Pavement Maintenance at Various Locations, Fiscal Year 2021-2022; and authorize the Mayor and City Clerk to execute on behalf of the City.

Staff Report
Bid Abstract
Contract with R.J. Noble Company
Attachments:

3.23. Award of Contract to Painting and Decor, Inc. for Painting and Carpet Replacement at Various Fire Stations; Bid No. 21.22.30.

Approve contract with Painting and Decor, Inc. in the total amount of $ 88,895, representing an original amount of $ 77,300, plus a 15% contingency of $ 11,595, for Painting and Carpet Replacement at Various Fire Stations, and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Bid Abstract
Contract with Painting & Decor, Inc.

Attachments:

3.24. Award of Contract to Far Electric, Inc. dba Far Builders for the Automatic Door Upgrade at City Hall; Bid No. 21.22.31.

Approve contract with Far Electric, Inc. dba Far Builders in the total amount of $137,000 for the Automatic Door Upgrade at City Hall project; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Bid Abstract
Far Electric Letter
Contract with Far Electric, Inc. dba Far Builders
Attachments:

3.25. Award of Contract to Big Ben, Inc. for Annual Sewer Replacement /Maintenance Fiscal Year 2021-2022; Bid No. 21-22.18.

1. Reject the bid received from the apparent low bidder, TTS Engineering, Inc ., a California Corporation, on the basis that the bid was not responsive.

2. Authorize the appropriation of $269,000 from the Water Fund unreserved fund balance to expenditure account number 600.8011.56411.20312, Well 29 Construction.

3. Award the contract to Big Ben, Inc. in the amount of $3,384,645 representing an original bid amount of $3,076,950, plus a 10% contingency of $307,695, for Annual Sewer Replacement /Maintenance Fiscal Year 2021-2022; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

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Staff Report
Bid Abstract
Contract with Big Ben, Inc.

Attachments:

3.26. Award of Contract to RS Construction and Development, Inc. for Public Works and Community Development Front Counter Remodel Project; Bid No. 21-22.22.

1. Approve the contract with RS Construction and Development, Inc. of Ontario, California in the total amount of $270,490, representing an original bid amount of $245,900, plus a 10% contingency of $24,590, for Public Works and Community Development Front Counter Remodel; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize purchase of workstations with Workspace Interiors by Office Depot through a Cooperative Agreement “OMNIA REG 4 Contract R 191812” for an estimated cost of $60,000.

3. Authorize the appropriation of $100,000 from the Major Building Improvements unreserved fund balance to expenditure account number 725.5028.56020.20408, Major Building Improvements - Public Works and Community Development Front Counter Remodel.

Recommended Action:

Staff Report
Bid Abstract
Contract
Public Works and Community Development Front Counter
Renderings
Workspace Interiors by Office Depot Proposal #542736
Attachments:

3.27. Authorize purchase of six speed radar feedback signs from Fortel Traffic, Inc. as a single source vendor.

Approve the single source purchase of six speed radar feedback signs from Fortel Traffic, Inc. for $51,850.

Recommended Action:

Staff Report
Single Source Certification
Quote
Attachments:

3.28. Authorize purchase of seventeen battery back -up systems from JTB Supply Company, a sole source vendor, and twelve wireless radios from Encom Wireless Data Solutions Inc. for the Traffic Operations Division.

1. Authorize JTB Supply Company as a sole source vendor.

2. Approve the purchase of seventeen Myers battery back -up systems from JTB Recommended Action:

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Supply Company, a sole source vendor, for $108,805.95.

3. Approve the purchase of twelve E -Lite wireless radios from Encom Wireless Data Solutions Inc. for $26,198.32.

Staff Report
Quote from JTB Supply Company
Quote from Encom Wireless Data Solutions Inc.

Sole Source Letter from Myers Power Products, Inc.

Attachments:

3.29. Authorize purchase of leased fiber services from Crown Castle Fiber LLC.

1. Approve the purchase of leased fiber services from Crown Castle Fiber LLC for $150,000 for one -time costs and a $2,400 monthly recurring cost over a five -year term.

2. Authorize the City Manager to sign the service order.

Recommended Action:

Staff Report
Crown Castle Fiber LLC service order
Attachments:

3.30. Authorize purchase of permanent easement and temporary construction easement from the Orange County Flood Control District to facilitate construction of a new per- and polyfluoroalkyl substances (PFAS) treatment system facility at Well 20.

Authorize the Mayor and City Clerk to execute a purchase agreement and related documents concerning the purchase and quitclaim of easements for the future site of the new PFAS treatment system facility at Well 20. The purchase price, including administrative fees, is $36,564.

Recommended Action:

Staff Report
Location Map
Easement Deed
PSA
Quitclaim
Subsurface Easement Deed
TCE
Attachments:

3.31. Authorize purchase of furniture, fixtures, and site furnishings from Goforth & Marti dba G/M Business Interiors for the Police Department.

Approve purchase order for furniture from Goforth & Marti dba G /M Business Interiors in the amount of $100,000.

Recommended Action:

Staff ReportAttachments:

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3.32. Authorize increase of purchase order for uniform services from Kustom Imprints.

Approve an increase in the purchase order with Kustom Imprints for uniform services by $7,000.

Recommended Action:

Staff ReportAttachments:

3.33. Authorize purchase of Early Literacy Stations for the Orange Public Library from AWE Learning.

Approve purchase order for Early Literacy Stations from AWE Learning in the amount of $60,937.96.

Recommended Action:

Staff Report
AWE Learning Quote
Attachments:

3.34. Grant a utility easement to Southern California Edison on City of Orange property at the new Fire Headquarters and Station No. 1.

Authorize the granting of a utility easement on City property in favor of Southern California Edison and authorize the Mayor to execute easement deed from the City to Southern California Edison.

Recommended Action:

Staff Report
Easement Deed
Location Map
Attachments:

3.35. Amendments to the 2019-2020 and 2021-2022 Community Development Block Grant Annual Action Plans, Citizen Participation Plan, and budget adjustments to the Community Development Block Grant Fund.

1. Approve the following:
a. Third Amendment to the 2019-2020 Community Development Block Grant Annual Action Plan;
b. First Amendment of 2020-2021 Community Development Block Grant Annual Action Plan;
c. Draft Citizen Participation Plan

2. Authorize the following to 310.9645.51770.30200 CDBG Projects - 517 W. Struck Transition:
a. Transfer $230,000 from expenditure account 310.9645.55510.30147 Other Capital Outlay-CARES Grants SBA;
b. Transfer $48,479.76 from expenditure account 310.9645.500002.30147 Regular Salaries - Misc CARES Act
Recommended Action:

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c. Appropriate $468,405 from revenue account 310.0000.45120.30180 Federal HUD Grants-Homeless Outreach.

3. Authorize the following for the Beverly Street Rehabilitation Project:
a. Accept $16,892 in additional Community Development Block Grant funds to revenue account 310.0000.45120.00000 Federal HUD Grants; b. Appropriate $16,892 to expenditure account 310.9645.56582.30164 Rehabilitation/Development Grant-Beverly;

4. Authorize the following to 310.9645.57130.11070 CDBG Contingency Account a. Transfer of $68,628.07 from expenditure account 310.9645.56582.30135 Rehab Grant-Hoover Neighborhood St Rehab;
b. Transfer of $27,670.09 from expenditure account 310.9645.56020.30136 CIP Improvements-Library Restrooms Access;
c. Adjustment to add $14,540.63 to align with HUD ’s records of available past entitlement funds.

5. Authorize the City Manager or his designee to execute Fiscal Year 2021-2022 Memoranda of Understanding with City departments and all related Departments of Housing and Urban Development (HUD) documents to reflect the above mentioned adjustments.

Staff Report
Draft Third Amendment to 2019-2020 Action Plan
Draft First Amendment to 2021-2022 Action Plan
Draft Citizen Participation Plan
FY2021-2022 Revised CDBG Amounts Notification
Attachments:

3.36. Letter of Support for Senate Bill 1418 Regional Public Safety Collaborative.

Authorize the Mayor to sign the letter of support for Senate Bill 1418.

Recommended Action:

Staff Report
City of Orange Senate Bill 1418 Support Letter
Attachments:

3.37. Designation of April 29, 2022, as Arbor Day. Resolution No. 11383.

Adopt Resolution No. 11383. A Resolution of the City Council of the City of Orange designating April 29, 2022, as Arbor Day.

Recommended Action:

Staff Report
Resolution No. 11383
Attachments:

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3.38. Annual review and approval of the Statement of Investment Policy for Fiscal Year 2022-23. Resolution No. 11384.

Adopt Resolution No. 11384. A Resolution of the City Council of the City of Orange approving and adopting a Statement of Investment Policy for Fiscal Year 2022-23.

Recommended Action:

Staff Report
Resolution No. 11384
Statement of Investment Policy
Statement of Investment Policy - Redline
Attachments:

3.39. Modifications to the City Traffic Commission meeting schedule. Resolution No . 11388.

Adopt Resolution No. 11388. A resolution of the City Council of the City of Orange rescinding Resolution No. 9640 and setting the date and time of meetings of the Traffic Commission.

Recommended Action:

Staff Report
Resolution No. 11388
CTC Staff Report
Attachments:

END OF CONSENT CALENDAR
* * * * * * * *

4. REPORTS FROM MAYOR MURPHY

5. REPORTS FROM COUNCILMEMBERS
An opportunity for Councilmembers to make a brief announcement, report, or request .

No action(s) will be taken pursuant to Government Code Section 54954.2(a)(3).

5.1. Highlight Local Business (Gutierrez & Barrios)

5.2. Historic Cypress Street Barrio (Monaco)

5.3. Administrative Citation Program (Barrios)

5.4. Library/Multi-generational Center at Grijalva Park (Nichols)

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6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS

6.1. Annual presentation of Local Appointments List of all City Boards, Commissions, and Committees.

1. Take action on the Mayor ’s recommendation to reaffirm the following eligible existing appointments: CDBG Program Committee Member Jonathan St. Clair for a two-year term expiring June 30, 2024; Library Board of Trustee Member Rebecca Martinez for a three -year term expiring June 30, 2025; and Planning Commissioners David Vazquez and Rick Martinez for four -year terms respectively expiring June 30, 2026.

2. Confirm Mayor Murphy ’s recommendation for appointment to the vacant position on the Library Board of Trustees to be presented at the meeting for a three -year term expiring on June 30, 2025.

3. Accept the Local Appointments List and direct the City Clerk to post pursuant to the Maddy Act.

Recommended Action:

Staff Report
Local Appointments List
Attendance Reports
Attachments:

7. ADMINISTRATIVE REPORTS

7.1. Merging of the Investment Advisory Committee and Audit Committee. Resolution No. 11387 and Ordinance No. 02-22.

1. Adopt Resolution No. 11387. A Resolution of the City Council of the City of Orange Eliminating the Audit Committee and the Investment Advisory Committee, Establishing a New Investment and Audit Committee, Repealing Resolution Nos . 10166 and 11356, and Stating Qualifications for Appointment to All City Council Created Committees.

2. Introduce and Conduct First Reading of Ordinance No. 02-22. An Ordinance of the City Council of the City of Orange Repealing Chapter 2.50 of the Orange Municipal Code to Eliminate the Investment Oversight Committee Due to the Creation of the Investment and Audit Committee.

Recommended Action:

Staff Report
Resolution No. 11387
Ordinance No. 02-22
Attachments:

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7.2. Request for permit parking on a portion of Collins Avenue. Resolution No . 11385.

1. Approve permit parking on the south side of Collins Avenue between Hart Street and 2842 E. Collins Ave.

2. Adopt Resolution No. 11385. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11370 and adopting a revised master resolution of permit parking areas within the City of Orange.

Recommended Action:

Staff Report
Resolution No. 11385
Area Map for Permit Area "X"
February 2022 CTC Report
February 2022 CTC Minutes
Attachments:

8. REPORTS FROM CITY MANAGER

9. LEGAL AFFAIRS

10. PUBLIC HEARINGS

10.1. Public Hearing to consider conduit bond financing for the Villa St. Joseph Apartments Project.

Adopt Resolution No. 11382. A Resolution of the City Council of the City of Orange approving the issuance of revenue bonds by the California Municipal Finance Authority in an aggregate principal amount not to exceed $ 20,000,000 to finance a multifamily rental housing facility for the benefit of Mercy Housing California 107, L .P., or an affiliate thereof, and certain other matters relating thereto.

Recommended Action:

Staff Report
Resolution No. 11382
Attachments:

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10.2. Public Hearing to consider approval of a Disposition and Development Agreement with Katella Terrace, L .P. for the Katella Terrace senior affordable housing project. Resolution No. 11386.

Adopt Resolution No. 11386. A Resolution of the City Council of The City of Orange, (1) Approving the Disposition and Development Agreement by and between the City of Orange and Katella Terrace, L .P. and its attachments, establishing the terms and conditions for the Ground Lease of certain property located at 1249 E. Katella Avenue, Orange, California and the development of an affordable residential rental project for senior lower income households on said property; (2) Approving the Ground Lease of said property to a limited partnership entity for such project; and (3) Approving other related actions.

Recommended Action:

Staff Report
DDA - Katella Terrace
Resolution No. 11386
Summary Report
Attachments:

11. ADJOURNMENT
The City Council will adjourn to a meeting on Tuesday, April 26, 2022, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.

The next Regular City Council meeting will be held on Tuesday, May 10, 2022, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.

I, Pamela Coleman, CMC, City Clerk for the City of Orange, do hereby declare, under penalty of perjury, that a full and correct copy of this agenda was posted pursuant to Government Code Section 54950 et. seq., at the following locations: Orange Civic Center kiosk and Orange City Clerk's Office at 300 E. Chapman Avenue, Orange Main Public Library, 407 E. Chapman Avenue, Police facility at 1107 North Batavia Street, and uploaded to the City's website www.cityoforange.org.

Date posted: April 7, 2022

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18 Agenda Item
City Council
Item #: 3.1. 4/12/2022 File #: 22-0184
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Waive reading in full of all ordinances on the Agenda.

2. SUMMARY
This item asks the City Council to waive the reading in full of all ordinances on the agenda (if any) and approve their reading by title only.

State law requires that all ordinances be read in full either at the time of the introduction or at the time of passage, unless a motion waiving further reading is adopted by a majority of the City Council (Gov.

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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19 Agenda Item
City Council
Item #: 3.1. 4/12/2022 File #: 22-0184
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Waive reading in full of all ordinances on the Agenda.

2. SUMMARY
This item asks the City Council to waive the reading in full of all ordinances on the agenda (if any) and approve their reading by title only.

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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20 Agenda Item
City Council
Item #: 3.2. 4/12/2022 File #: 22-0169
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Confirmation of warrant registers dated March 3, 11, 17, 25, and 31, 2022.

2. SUMMARY
The warrant writings for the above listed dates are on file in the Office of the City Clerk for Council reference.

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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21 Agenda Item
City Council
Item #: 3.2. 4/12/2022 File #: 22-0169
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Confirmation of warrant registers dated March 3, 11, 17, 25, and 31, 2022.

2. SUMMARY
The warrant writings for the above listed dates are on file in the Office of the City Clerk for Council reference.

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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22 Agenda Item
City Council
Item #: 3.3. 4/12/2022 File #: 22-0183
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Approval of meeting minutes of the City Council of the City of Orange for the March 8, 2022, Regular Meeting; and March 22, 2022, Adjourned Regular Meeting.

2. SUMMARY
Submitted for your consideration and approval are the minutes of the above meeting(s).

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· March 8, 2022, Regular Meeting minutes
· March 22, 2022, Adjourned Regular Meeting minutes
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23 Agenda Item
City Council
Item #: 3.3. 4/12/2022 File #: 22-0183
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Approval of meeting minutes of the City Council of the City of Orange for the March 8, 2022, Regular Meeting; and March 22, Adjourned Regular Meeting.

2. SUMMARY
Submitted for your consideration and approval are the minutes of the above meeting(s).

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· March 8, 2022, Regular Meeting minutes
· March 22, 2022, Adjourned Regular Meeting minutes
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24 City of Orange
City Council
March 08, 2022

MINUTES - DRAFT
The City Council of the City of Orange, California convened on March 8, 2022, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California. 5:00 PM CLOSED SESSION

1. ROLL CALL

Present: Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy

Absent: Nichols

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None

3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:03 p.m. with all Members present, except Mayor pro tem Nichols who was absent, to discuss the following:
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) - Four cases 1) Name of case: Phyllis Schneider, et al. v. City of Orange Orange County Superior Court Case No. 30-2021-01234143
Councilmember Dumitru and Councilmember Barrios declared conflicts based on a business relationship with Phyllis Schneider and recused themselves from the discussion. They both left Closed Session at 5:04 p.m. and returned to Closed Session at 5:20 p.m.
2) Name of case: Jorge Martin Gomez Sanchez v. City of Orange Orange County Superior Court Case No. 30-2021-01224015
3) Name of Case: Paula Acken, et al. v. City of Orange
Orange County Superior Court Case No. 30-2021-01207319
4) Name of Case: Mary's Kitchen, et al. v. City of Orange United States District Court Case No. 8:21-cv-01483-JVS-KES

4. CLOSED SESSION REPORT
None

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25 City Council Minutes - Draft March 8, 2022

5. ADJOURNMENT
Closed Session was adjourned at 6:00 p.m.
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Murphy called the meeting to order at 6:10 p.m.

1.1 INVOCATION
Given by Pastor Ric Olsen from The Beacon Church.

1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Kathy Tavoularis.

1.3 ROLL CALL

Present: Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy

Absent: Nichols

1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation recognizing Ed Howard and the Orange Elks Lodge Drug Awareness Program
Friends of the Orange Public Library Presentation to the Orange Public Library 2021 Community Partnership Recognition
Mayor Murphy announced a tree planting event taking place on March 12, 2022, at Grijlava and Yorba parks as part of the California Urban Forest tree planting project.

2. PUBLIC COMMENTS
Public Speakers
The following spoke in opposition of a proposed cemetery near Palmyra Avenue :

Bernie Galasso, Silvia San Nicolas, Sharon Galasso, and Bill Vaughter.

Phil Zoerlein expressed concerns with his neighborhood not being notified of construction taking place at Grijalva Park.

Kimberly Bottomley discussed homeless encampments near the 57 freeway.

Written Public Comments
Janice Brownfield emailed about the global climate crisis.

Ryan Yowell emailed requesting maintenance of the Olive field bathrooms.

RECESS: The City Council recessed at 7:03 p.m. and reconvened at 7:11 p.m. with all Members present, except Mayor pro tem Nichols who was absent.

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26 City Council Minutes - Draft March 8, 2022
(Item 10.1 was reordered to be heard after Public Comments)

10. PUBLIC HEARINGS
The following item began at 7:11 p.m.

10.1. Accept public comments regarding redistricting and consider staff ’s request for a continuance to a date certain to discuss possible adoption of a district map.

Senior Assistant to the City Manager Aaron Schulze announced in Spanish that live translation services were available upon request.

City Attorney Sheatz provided a brief report. After the February 8 Council meeting, the demographer expressed concerns with several district boundary irregularities that exist in Map 121 selected by the Council at that meeting. In particular, he discovered boundary lines that are not easily identifiable because they divide neighborhoods into two different districts. Additionally, the City received a letter from an elections attorney objecting to the irregularities, shape and location of certain boundaries in Map 121; and stated the adoption of Map 121 would result in legal action.

Staff is requesting a continuation of this item to March 22 when the demographer can be present to address Council's questions.

Mayor Murphy opened the Public Hearing at 7:15 p.m.

Public Speaker
Sammy Rodriguez read an article published in the Foothills Sentry.

Mayor Murphy closed the Public Hearing at 7:18 p.m.

During discussion, Council directed staff to work with the demographer to adjust boundaries in Map 126 including the saw tooth boundaries between Districts 3 and 4; the C shape boundary between Districts 1 and 2; and the boundary along Santiago Creek in Districts 4, 5, and 6. In addition, Council requested to include the Cypress Barrio in District 1 if it doesn't substantially change CVAP (citizen voting age population) in District 2.

During further discussion, Council requested Maps 119, 121, 126, and a revised map based on Council direction be brought back for consideration.

A motion was made by Councilmember Dumitru, seconded by Councilmember Monaco, to continue the Public Hearing to March 22, 2022; and bring back Maps, 119, 121, 126, and a revised map based on Council direction for Council's consideration and possible adoption. The motion carried by the following vote:

Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:

NoneNoes:

NicholsAbsent:

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27 City Council Minutes - Draft March 8, 2022

3.1. Waive reading in full of all ordinances on the Agenda.

ACTION: Approved.

3.2. Confirmation of warrant registers dated February 3, 11, 17, and 25, 2022.

ACTION: Approved.

3.3. Approval of meeting minutes of the City Council of the City of Orange for the January 29, 2022, Adjourned Regular Meeting; and February 8, 2022, Regular Meeting.

ACTION: Approved minutes as presented.

3.4. Investment Oversight Committee report for the period ending February 28, 2022.

ACTION: Received and filed.

3.5. Agreement with We the Creative for production of the City ’s quarterly publication, Our Orange.

ACTION: Approved agreement with We the Creative in the amount not -to-exceed $311,203.70 for production of twelve issues of Our Orange; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.6. Agreement with Joseph C. Truxaw and Associates, Inc. for land surveying services.

ACTION: Approved the agreement with Joseph C. Truxaw and Associates, Inc. in the amount of $ 23,805 for land surveying services; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.7. Agreement with Park Consulting Group, Inc. for Enterprise Land Management System Procurement Services.

ACTION: Approved professional services agreement with Park Consulting Group, Inc . in the amount not to exceed $ 57,500 for Land Management System Procurement Services, and authorized the Mayor and City Clerk to execute on behalf of the City.

3.8. Agreement with L .A. Consulting, Inc. for evaluation of maintenance and operational practices.

ACTION: Approved the agreement with L .A. Consulting in the amount of $ 47,655 for evaluation services for maintenance and operational practices, and authorized the Mayor and City Clerk to execute on behalf of the City.

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3.9. First Amendment to Agreement with Azarvand ’s Building Department Services LLC for Building and Safety plan review services.

ACTION: 1) Approved a First Amendment to Professional Services Agreement with Azarvand’s Building Department Services LLC, in the amount of $ 60,000; and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Authorized the appropriation of $ 60,000 from the General Fund to expenditure account number 100.5013.51670.00000, Other Professional & Consulting Services.

3.10. First Amendment to Agreement with Yunex, LLC for On -Call Signal and Lighting Emergency Repair Services.

ACTION: Approved the First Amendment to Agreement with Yunex, LLC for On -Call Signal and Lighting Emergency Repair Services, and authorized the Mayor and City Clerk to execute on behalf of the City.

3.11. Second Amendment to Agreement with Sagecrest Planning and Environmental for planning staffing services.

ACTION: Approved the second amendment to agreement with Sagecrest Planning and Environmental for planning staff services; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.12. Second Amendment to Agreement with Michael Baker International for Community Development, HOME Investments and Partnerships Program, and special grant administration consulting services.

ACTION: Approved the Second Amendment to agreement with Michael Baker International, Inc. for Community Development Block Grant, HOME Investments and Partnerships Program, and general grant administration consulting services, and authorized the Mayor and City Clerk to execute on behalf of the City.

3.13. Second Amendment to Agreement with Iteris, Inc. for Traffic Engineering Services for Tustin Avenue /Rose Drive Corridor Regional Traffic Signal Synchronization Program Project.

ACTION: Approved the second amendment to agreement with Iteris, Inc. for Traffic Engineering Services in an additional amount of $ 872,430; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.14. Appropriation of $ 1,000 in designated grant funding received from Tangled Bank Studios and PBS Nature.

ACTION: 1) Accepted 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; and 2) Authorized the appropriation of $ 1,000 into expenditure account number 100.2016.53340.30199 General Fund - #PlantWildflowers Initiative Grant.

3.15. Appropriation of $24,738 in revenue from user group sports field maintenance.

ACTION: 1) Accepted into the City ’s revenue budget a $ 24,738 reimbursement into account number 100.7022.42480.00000, General Fund - User Group Maintenance Fees; and 2) Authorized the appropriation of $ 24,738 into expenditure account number 100.7022.51424.00000, General Fund - User Group Maintenance Fees.

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3.16. Appropriation of $ 26,000 in designated donation funding received from the Friends of the Orange Public Library.

ACTION: 1) Accepted 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; and
2) Authorized 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

3.17. Appropriation of $ 167,910.80 in State of California Office of Emergency Services funding received.

ACTION: 1) Accepted 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 follows: $167,910.80, account number 100.3024.48212.40274 - Reimbursement from Cal EMA; and 2) Authorized the appropriation of $ 167,910.80 into the expenditure account number for Overtime-Safety as follows: $167,910.80, account number 100.3024.50221.40274 - Overtime-Safety.

3.18. Approval of specifications for Fire Hydrant Painting Services Project, and authorization to advertise for bids.

ACTION: Approved the specifications and authorized advertising for bids for the Fire Hydrant Painting Services project; Bid No. 21-22.29.

3.19. Claims for Damages.

ACTION: Denied 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

3.20. Final Acceptance of Bid No. 20-21.31, Well No. 28 Drilling Project; and authorization to file Notice of Completion.

ACTION: Accepted Well No. 28 Drilling Project as complete; and authorized staff to file Notice of Completion with the County Recorder.

3.21. Final Acceptance of Bid No. 20-21.02, Chapman Avenue and Flower Street Left Turn Signal Improvements; and authorization to file Notice of Completion.

ACTION: Accepted Chapman Avenue and Flower Street Left Turn Signal Improvements as complete, and authorized staff to file Notice of Completion with the County Recorder.

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3.22. 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.

ACTION: Accepted Reservoir 4 Exterior Cathodic Protection System Installation as complete and authorized staff to file Notice of Completion with the County Recorder.

3.23. 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.

ACTION: Accepted Chapman Avenue and Felnder Road Left Turn Signal Improvements - HSIPL-5073(088) as complete and authorized staff to file Notice of Completion with the County Recorder.

3.24. 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.

ACTION: Accepted Glassell Street and Collins Avenue Left Turn Signal Improvements - HSIPL-5073(084) as complete, and authorized staff to file Notice of Completion with the County Recorder.

3.25. Award of Contract to Elegant Construction, Inc. for Fire Station 5 Bathroom Remodel; Bid No. 21-22.24 .

ACTION: Approved 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 authorized the Mayor and City Clerk to execute on behalf of the City.

3.26. 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.

ACTION: 1) Approved 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 authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Authorized 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.

3.27. Award of Contract to New Dynasty Construction Co. for Police Headquarters (HQ) Lobby Roof and Heating, Ventilation and Air Conditioning (HVAC) Rehabilitation; Bid No. 21-22.13
ACTION: 1) Approved the contract with New Dynasty Construction Co. in the total amount of $ 3,822,744, representing an original amount of $ 3,475,221 plus a 10% contingency of $ 347,523 for Police HQ Lobby Roof and HVAC Rehabilitation, and authorize the Mayor and City Clerk to execute on behalf of the City; and 2) Authorized the appropriation of $ 2,500,000 from the Capital Bond Proceeds unreserved fund balance to expenditure account number 553.5028.56020.20444, Capital Bond Proceeds - Police Atrium.

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3.28. Authorize purchase of Dell server maintenance from Sidepath, Inc.

ACTION: Approved the purchase of Dell Server maintenance from Sidepath, Inc. in the amount of $10,749.

3.29. Authorize purchase of Plaza Park Protective Bollards from single source provider, Marshalls LP USA.

Item 3.29 was removed from the Consent Calendar for separate consideration by Councilmember Barrios.

Public Works Director Chris Cash answered Council's questions regarding the design and placement of the bollards and delineators. The bollards will match what is already in the Plaza. Staff will review options if the delineators become a more permanent solution in contributing to traffic and public safety.

ACTION: A motion was made by Councilmember Monaco, seconded by Mayor Murphy, to approve purchase order for parts and services with Marshalls LP USA, a single source vendor, in the amount of $ 150,000. The motion carried by the following vote:

Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:

NoneNoes:

NicholsAbsent:

3.30. General Plan Annual Progress Report to the State of California.

ACTION: Received and filed the 2021 General Plan Annual Progress Report for submittal to the State.

3.31. Status report regarding calendar year 2021 fire inspections of educational and selected residential occupancies in accordance with California Health and Safety Code Section 13146.4. Resolution No. 11379.

ACTION: Adopted Resolution No. 11379. A Resolution of the City Council of the City of Orange acknowledging receipt of a report made by the Orange City Fire Department regarding performance of certain required annual inspections.

Approval of the Consent Calendar
Item 3.29 was removed from the Consent Calendar and heard separately. All other items were approved as recommended.

A motion was made by Councilmember Dumitru, seconded by Councilmember Monaco, to approve the Consent Calendar as presented. The motion carried by the following vote:

Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:

NoneNoes:

NicholsAbsent:

END OF CONSENT CALENDAR
* * * * * * * *

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32 City Council Minutes - Draft March 8, 2022

4. REPORTS FROM MAYOR MURPHY

4.1. Designation of voting delegates for the 2022 Southern California Association of Governments (SCAG) Regional Conference and General Assembly.

A motion was made by Councilmember Barrios, seconded by Councilmember Monaco, to designate Councilmember Jon Dumitru as the Delegate and Councilmember Kathy Tavoularis as the Alternate Representative to the Southern California Association of Governments (SCAG) Annual General Assembly scheduled to be held on May 5, 2022.

The motion carried by the following vote:

Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:

NoneNoes:

NicholsAbsent:

5. REPORTS FROM COUNCILMEMBERS

5.1. Library/Multi-generational Center at Grijalva Park (Nichols) This item was continued to the next Regular Council meeting on April 12, 2022.

5.2. Highlight Local Business (Gutierrez & Barrios)
Councilmember Gutierrez highlighted the following local business: The Music Room .

Councilmember Barrios highlighted the Business Helping Business program.

6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS

6.1. Merging of the Investment Advisory Committee and Audit Committee.

In response to Council's questions, Assistant City Manager /Administrative Services Director Will Kolbow clarified that the Investment Advisory Committee (IAC) and Audit Committee are both financial related but provide two different and separate functions .

IAC provides staff with feedback and advice relating to investments and the Audit Committee focuses on auditing internal processes. The Audit Committee does not audit the Investment Advisory Committee or participate in mandate audits of City financials.

Written Public Comment
Jordan Prell, Audit Committee Member, submitted an eComment in support of merging the two committees.

A motion was made by Councilmember Dumitru, seconded by Mayor Murphy, to merge the Investment Advisory Committee and Audit Committee into a new committee entitled the Investment and Audit Committee, and direct staff to prepare the necessary Resolutions and Ordinances to effectuate this change. The motion carried by the following vote:

Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:

NoneNoes:

NicholsAbsent:

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33 City Council Minutes - Draft March 8, 2022

7. ADMINISTRATIVE REPORTS

7.1. Agreement for Employment with City Manager Robert J. Houston.

A motion was made by Mayor Murphy, seconded by Councilmember Monaco, to approve Agreement for Employment with City Manager Robert J. Houston.

The motion carried by the following vote:

Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:

NoneNoes:

NicholsAbsent:

Council presented Interim City Manager Tom Hatch. with Proclamation in appreciation of his service to the City.

7.2. Agreement with the Orange Chamber of Commerce and Visitors Bureau for production of the Orange May Parade community event.

A motion was made by Councilmember Barrios, seconded by Councilmember Monaco, to approve the agreement with Orange Chamber of Commerce and Visitors Bureau for production of Orange May Parade, and authorize the Mayor and City Clerk to execute on behalf of the City. The motion carried by the following vote:

Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:

NoneNoes:

NicholsAbsent:

7.3. Orange Police Department 2021 Crime Report/Overview of Statistics.

Chief of Police Dan Adams provided an overview of the Orange Police Department 2021 crime report and statistics.

A motion was made by Mayor Murphy, seconded by Councilmember Monaco, to receive and file report. The motion carried by the following vote:

Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:

NoneNoes:

NicholsAbsent:

8. REPORTS FROM CITY MANAGER
None

9. LEGAL AFFAIRS

9.1. A Resolution of the City Council of the City of Orange Adopting an Expense and Reimbursement Policy for City Council Members for Actual and Necessary Expenses Incurred in the Performance of their Official Duties. Resolution No . 11380.

During discussion, Council requested time to make revisions to the proposed policy .

City Attorney Sheatz asked Council to provide him with any changes before the next meeting.

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34 City Council Minutes - Draft March 8, 2022
A motion was made by Councilmember Gutierrez, seconded by Councilmember Dumitru, to continue the item to March 22, 2022. The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, and GutierrezAyes:

Monaco, and MurphyNoes:

NicholsAbsent:

10. PUBLIC HEARINGS

10.1. Accept public comments regarding redistricting and consider staff ’s request for a continuance to a date certain to discuss possible adoption of a district map.

Item 10.1 was previously reordered to be heard after Public Comment.

11. ADJOURNMENT
There being no further business, the meeting was adjourned at 8:37 p.m. in Memory of George Tavoularis to a meeting on Tuesday, March 22, 2022, at 6:00 p.m., with Closed Session beginning at 5:00 p.m., if necessary.

The next Regular City Council meeting will be held on Tuesday, April 12, 2022, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
______________________ _________________________ PAMELA COLEMAN MARK A. MURPHY

CITY CLERK MAYOR

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35 City of Orange
City Council
March 22, 2022

MINUTES - DRAFT
The City Council of the City of Orange, California convened on March 22, 2022, at 6:00 p.m. in an Adjourned Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Murphy called the meeting to order at 6:01 p.m.

1.1 PLEDGE OF ALLEGIANCE
Led by Councilmember Ana Gutierrez.

1.2 ROLL CALL

Present: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy

Absent: None

2. PUBLIC COMMENTS
Public Speakers
Carole Walters spoke in support of installing bollards as a safety measure in Plaza Park and voiced her opposition to a reimbursement policy for Councilmembers.

Val Trowbridge spoke regarding a Claim for Damages against the City he submitted in February that was denied by Council at the March 8, 2022, meeting.

3. STUDY SESSION

3.1. First Study Session for the Proposed Fiscal Year 2022-23 Budget (Capital Improvement Program).

City Manager Houston introduced the item, and Assistant City Manager /Administrataive Services Director Will Kolbow provided an overview of the Capital Improvement Program (CIP). The FY 23 CIP Program consists of 145 projects.

Assistant Community Services Director Leslie Hardy summarized Community Services CIP projects. Council inquired about pickleball courts at Grijalva Park, improving public access to Cerro Villa Park and the park /playground near the river trail at Riverdale (this park is not located on City property), and the proposed mural at El Camino Park.

Public Works Director Chris Cash provided an overview of Public Works CIP projects .

In response to Council's questions, he described the Spring St. project at Grijalva Park

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36 City Council Minutes - Draft March 22, 2022
and explained the ongoing issues with the Police headquarters atrium roof.

Public Speakers
Shirley Grindle expressed support and need for pickleball courts in Orange.

Kimberly Bottomley spoke in support of a mural at El Camino Park.

Report was received and filed.

4. PUBLIC HEARINGS
The following item began at 7:03 p.m.

4.1. Public Hearing and Resolution No. 11381 to consider Focus Maps 119, 121, 126, or 128 for possible adoption.

Senior Assistant to the City Manager Aaron Schulze announced in Spanish that live translation services were available upon request.

City Attorney Sheatz introduced the item and Dr. Justin Levitt, National Demographics Corporation, provided a brief staff report.

Mayor Murphy opened the Public Hearing at 7:10 p.m.

Public Speakers
John Russo expressed support for the Orange Mall being included in District 3 on Map 128, and his support for Map 124.

Bonnie Robinson spoke in support of Map 119.

Kate Bonnaud spoke in support of Map 119.

Sammy Rodriguez spoke in opposition of Map 121.

John Nelson spoke in opposition of Map 121 and in support of Map 119.

Laura Thomas spoke in opposition of Map 121 and in support of Map 119.

Carole Walters spoke in support of Map 128.

Written Public Comments
Jeff and Shellie Rice emailed in support of Maps 119, 120, 124, 125, and 127.

Stephanie Lesinski emailed in support of Map 119.

In addition, correspondence was received in the City Clerk's Office from Lori Wheeler and Teri Helsel in support of keeping Districts 4 and 6 intact.

Mayor Murphy closed the Public Hearing at 7:22 p.m.

During deliberation, Council discussed their support for Map 128 as it addresses issues identified in Map 121 including keeping the Orange Mall and Tustin corridor area in District 3 and adding the Cypress Barrio to District 1.

Councilmember Gutierrez expressed that she still supports the adoption of Map 119.

Page 2 of 3 ends

37 City Council Minutes - Draft March 22, 2022
A motion was made by Mayor pro tem Nichols, seconded by Councilmember Tavoularis, to select focus Map 128 as the final map and adopt Resolution No. 11381.

The motion carried by the following vote:

Nichols, Monaco, Barrios, Dumitru, Tavoularis, and MurphyAyes:

GutierrezNoes:

NoneAbsent:

Resolution No. 11381. A Resolution of the City Council of the City of Orange adopting revised City Council Electoral District Map following the 2020 Federal census and confirming election sequencing pursuant to Ordinance No. 06-19.

5. ADJOURNMENT
There being no further business, the meeting was adjourned at 8:04 p.m.

CITY CLERK MAYOR

Page 3 of 3 ends

38 Agenda Item
City Council
Item #: 3.4. 4/12/2022 File #: 22-0182
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Susan Galvan, Interim Community Development Director

1. SUBJECT
Receive and file Fiscal Year 2022-2023 Community Development Block Grant funding recommendations.

2. SUMMARY
Receive and file the Fiscal Year 2022-2023 funding recommendations for the estimated Community Development Block Grant and HOME Investment Partnerships entitlement funds that will be incorporated in the 2022-2023 Action Plan and be used to implement the City’s 2020-2024 Consolidated Plan.

3. RECOMMENDED ACTION
Receive and file Fiscal Year 2022-2023 Community Development Block Grant funding recommendations.

4. FISCAL IMPACT
The total funding is $1,163,162 for the Community Development Block Grant Fund (310) and $457,125 for HOME (317).

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 City receives annual federal funds from the U.S. Department of Housing and Urban Development (HUD) under the Community Development Block Grant (CDBG) and the HOME Investment Partnerships (HOME) programs. The estimated Fiscal Year 2022-2023 (FY2022-2023) entitlement is $1,163,162 for CDBG and $457,125 for HOME.

CDBG
The $1,163,162 CDBG estimated entitlement is broken down for each of the following activities:
· 20% or $232,632 for administration
· 15% or $174,474 for public service activities
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39 Item #: 3.4. 4/12/2022 File #: 22-0182
· 65% or $756,056 is for public facilities projects
The funding amounts for administration and public service activities are determined based on caps established by HUD and cannot be exceeded. Administration funds off-set the cost of staff time used in the management of the CDBG and HOME programs and result in a savings to the General Fund.

On November 18, 2021, the City announced it was soliciting applications for public service and public facilities projects through a competitive application process. The City closed the solicitation on January 13, 2022 and received a total of eight applications; five in the public services category and three in the public facilities category. All applicants are current and past funding subrecipients in good standing.

On February 17, 2022, the CDBG Committee held a public hearing to hear presentations from each of the applicants for their proposed projects and were provided with staff recommendations for funding. On March 17, 2022, the CDBG Committee held a public meeting to deliberate on the funding recommendations. The Committee moved to recommend the funding as follows:

Applicant 2021-2022
Funding
2022-2023
Requested
2022-2023
Recommended
Category
Assistance League
Operation School Bell
$13,770 $15,000 $15,000 Service
Friendly Center Community
Food Orange
15,000 20,000 16,304 Service
Community Services After
School Community Program
43,170 43,170 43,170 Service
Orange Police Department
Bike Team
100,000 100,000 100,000 Service
Fair Housing Foundation
Fair Housing Services
24,522 24,522 24,522 Service
Public Works ADA
Wheelchair Access Ramps
68,430 68,430 68,430 Facilities
Public Works Street
Rehabilitation
611,830 877,350 657,626 Facilities
Orange Library Taft Library
Restroom ADA
65,000 30,000 30,000 Facilities
Total $941,722 $1,178,472 $955,052
Funding recommendations took into consideration past year funding and performance by the subrecipient. To remain consistent with past practice, staff recommends funding the Fair Housing Foundation using administration funds. The Fair Housing Foundation provides a service to the City and is a qualifying administrative expense.

Activities in the public facilities category do not have a cap in funding and can use prior year unused funds to fund the balance of the project. Increases to funding amounts using past year unused funds can be requested throughout the program year for public facilities projects, subject to approval by Council. Reflected funding recommendations are based on the estimated known available funding for City of Orange Printed on 4/7/2022Page 2 of 3
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40 Item #: 3.4. 4/12/2022 File #: 22-0182
FY2022-2023.

HOME
The HOME entitlement of $457,125 is broken down by a formula calculation set by HUD for each of the following activities:

Activity HUD Formula FY2022-2023 Amount
Administration 10% $45,712
Community Housing
Development Organization
(CHDO)
15% 68,568
Developer Projects None 342,845
Total $457,125
The use of HOME funds for qualifying projects must meet specific requirements set by HUD. Staff is in the process of working with a prospective applicant to utilize available HOME funds. Staff anticipates returning to City Council in the coming months with the proposal.

The receipt and filing of this report meets the requirement of the Citizen Participation Plan for a second public meeting in the development of the Action Plan. Staff will return to Council for a Public Hearing on May 10, 2022 with the funding recommendations incorporated into the FY2022-2023 Action Plan for approval and adoption.

7. ATTACHMENTS
· 2022-2023 CDBG and HOME Funding Recommendations
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41 Agenda Item
City Council
Item #: 3.4. 4/12/2022 File #: 22-0182
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Susan Galvan, Interim Community Development Director

1. SUBJECT
Receive and file Fiscal Year 2022-2023 Community Department Block Grant funding recommendations.

3. RECOMMENDED ACTION
Receive and file Fiscal Year 2022-2023 Community Development Block Grant funding recommendations.

4. FISCAL IMPACT
The total funding is $1,163,162 for the Community Development Block Grant Fund (310) and $457,125 for HOME (317).

CDBG
The $1,163,162 CDBG estimated entitlement is broken down for each of the following activities:
· 20% or $232,632 for administration
· 15% or $174,474 for public service activities
City of Orange Printed on 4/7/2022Page 1 of 3
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42 Item #: 3.4. 4/12/2022 File #: 22-0182
· 65% or $756,056 is for public facilities projects
The funding amounts for administration and public service activities are determined based on caps established by HUD and cannot be exceeded. Administration funds off-set the cost of staff time used in the management of the CDBG and HOME programs and result in a savings to the General Fund.

Activities in the public facilities category do not have a cap in funding and can use prior year unused funds to fund the balance of the project. Increases to funding amounts using past year unused funds can be requested throughout the program year for public facilities projects, subject to approval by Council. Reflected funding recommendations are based on the estimated known available funding for City of Orange Printed on 4/7/2022Page 2 of 3
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43 Item #: 3.4. 4/12/2022 File #: 22-0182
FY2022-2023.

HOME
The HOME entitlement of $457,125 is broken down by a formula calculation set by HUD for each of the following activities:

7. ATTACHMENTS
· 2022-2023 CDBG and HOME Funding Recommendations
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44 2022-2023 CDBG Program Year
Funding Recommendations

Public Services
Applicant 2021-2022
Allocation
2022-2023
Requested
Staff
Recommendation
Assistance League
Operation School Bell
$13,770 $15,000 $15,000

Friendly Center
Community Food Orange
$15,000 $20,000 $16,304
Community Services
After School Community
Program
$43,170 $43,170 $43,170
Orange Police Department
Bike Patrol Program
$100,000 $100,000 $100,000
Total $174,474

Public Services
Applicant 2021-2022
Allocation
2022-2023
Requested
Staff
Recommendation
Fair Housing Foundation* $24,522 $24,522 $24,522
*paid from CDBG Administrative budget – provides service to City

Public Facilities
Applicant 2021-2022
Allocation
2022-2023
Requested
Staff
Recommendation
Public Works
ADA Wheelchair Access Ramps
$68,430 $68,430 $68,430

Public Works
Street Rehabilitation
$611,830** $877,350 $657,626
Library
Taft Library Restroom ADA
$65,000** $30,000 $30,000
Total $756,056
*Beverly Neighborhood Street Rehabilitation Project in 2021-2022 *El Modena Library Restroom ADA Project in 2021-2022

45 HOME
Activity Cap Amount
Administration 10% $45,712
CHDO 15% $68,568
Developer Projects None $342,845
Total $457,125

46 Agenda Item
City Council
Item #: 3.5. 4/12/2022 File #: 22-0084
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with Kimley-Horn and Associates, Inc. for Traffic Engineering Services for development of a Local Roadway Safety Plan.

2. SUMMARY
A Local Roadway Safety Plan is expected to improve citywide traffic safety and required to maintain future eligibility for federal highway safety funds. The City received a state grant to assist with related costs, including consultant services. The Professional Services Agreement authorizes Kimley-Horn and Associates, Inc. to provide those traffic engineering services necessary to develop a unique roadway safety plan for the City.

3. RECOMMENDED ACTION

1. Approve the agreement with Kimley-Horn and Associates, Inc. in the amount of $99,569.63 for Traffic Engineering Services for development of a Local Roadway Safety Plan; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize $9,956.96 (10%) of the contract amount for contingency purposes.

4. FISCAL IMPACT
The total expenditure for this agreement, including 10% contingency, is $109,526.59 and will be funded in Local Roadway Safety Plan (30150) through:

Reimbursable Capital Projects (550) $98,573.93 (90% of total) Traffic Improvement - Measure M2 (263) 10,952.66 (10% of total) Total: $109,526.59

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public d: Assure the development of the City occurs in a fashion that maximizes public safety

6. DISCUSSION AND BACKGROUND
Background:

A Local Roadway Safety Plan (LRSP) defines goals, objectives, and strategies to reduce fatalities and serious injuries on local roads. By utilizing the complementary tools of engineering, education, City of Orange Printed on 4/7/2022Page 1 of 3
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47 Item #: 3.5. 4/12/2022 File #: 22-0084
and serious injuries on local roads. By utilizing the complementary tools of engineering, education, and enforcement, the LRSP will provide a holistic roadmap for improving traffic safety citywide.

Moreover, having a LRSP on file will ensure that certain federal funding streams remain accessible to the City, including the Highway Safety Improvement Program that has provided Orange with over $6.5M since 2010.

In October 2019, the California Department of Transportation (Caltrans) announced a call for applications to encourage local agencies to prepare LRSPs and seek assistance with funding. In response to the call, the Public Works Department submitted an application requesting the maximum allowable $72,000 (with an $8,000 local match), which Caltrans approved in January 2020. Council subsequently accepted and appropriated the project funds in July 2020.

In August 2020, Caltrans announced the availability of additional LRSP funding for larger cities, increasing the total amount that Orange was eligible to receive. In response, the Public Works Department submitted a request that Caltrans adjust the City’saward to $99,900 in state funding (with an $11,100 local match), for a project total of $111,000. Caltrans reviewed and approved this request for additional funding in November 2020. Council subsequently accepted and appropriated the additional project funds in January 2021.

Procurement:

City staff issued a request for proposals (RFP) for traffic engineering services related to the project on January 20, 2022 with a submittal deadline of February 10, 2022. Five consultants submitted their proposals for consideration, all demonstrating qualifying experience with similar projects.

A four-member selection committee was assembled to evaluate the consultants’proposals based on the following criteria:
· Project Team
· Project Understanding and Approach
· References
· Experience and Qualifications
· Schedule
· Responsiveness to the RFPAfter evaluation of all proposals, the selection committee ranked Kimley-Horn and Associates, Inc. as the top firm.

Kimley-Horn and Associates, Inc. (Kimley-Horn) consistently demonstrated their capability in executing projects similar to the LRSP through their proposal. With their extensive experience successfully managing LRSP projects and familiarity with Caltrans funding requirements, the committee determined Kimley-Horn‘steam would be best suited to support the City in administering the project.

If approved, the awarded contract amount would be $99,569.63 plus a 10% contingency of $9,956.96, totaling $109,526.59. Kimley-Horn’scost proposal falls within the project’sestimates for traffic engineering services which include, but is not limited to: project management and administration, data analysis, stakeholder meetings, development of traffic safety projects and programs, and document preparation. Staff recommends approving the proposed agreement with City of Orange Printed on 4/7/2022Page 2 of 3
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48 Item #: 3.5. 4/12/2022 File #: 22-0084
Kimley-Horn.

7. ATTACHMENTS
· Professional Services Agreement
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49 Agenda Item
City Council
Item #: 3.5. 4/12/2022 File #: 22-0084
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with Kimley-Horn and Associates, Inc. for Traffic Engineering Services for development of a Local Roadway Safety Plan.

3. RECOMMENDED ACTION

1. Approve the agreement with Kimley-Horn and Associates, Inc. in the amount of $99,569.63 for Traffic Engineering Services for development of a Local Roadway Safety Plan; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize $9,956.96 (10%) of the contract amount for contingency purposes.

4. FISCAL IMPACT
The total expenditure for this agreement, including 10% contingency, is $109,526.59 and will be funded in Local Roadway Safety Plan (30150) through:

Reimbursable Capital Projects (550) $98,573.93 (90% of total) Traffic Improvement - Measure M2 (263) 10,952.66 (10% of total) Total: $109,526.59

6. DISCUSSION AND BACKGROUND
Background:

A Local Roadway Safety Plan (LRSP) defines goals, objectives, and strategies to reduce fatalities and serious injuries on local roads. By utilizing the complementary tools of engineering, education, City of Orange Printed on 4/7/2022Page 1 of 3
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50 Item #: 3.5. 4/12/2022 File #: 22-0084
and serious injuries on local roads. By utilizing the complementary tools of engineering, education, and enforcement, the LRSP will provide a holistic roadmap for improving traffic safety citywide.

Procurement:

If approved, the awarded contract amount would be $99,569.63 plus a 10% contingency of $9,956.96, totaling $109,526.59. Kimley-Horn’scost proposal falls within the project’sestimates for traffic engineering services which include, but is not limited to: project management and administration, data analysis, stakeholder meetings, development of traffic safety projects and programs, and document preparation. Staff recommends approving the proposed agreement with City of Orange Printed on 4/7/2022Page 2 of 3
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51 Item #: 3.5. 4/12/2022 File #: 22-0084
Kimley-Horn.

7. ATTACHMENTS
· Professional Services Agreement
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52 PROFESSIONAL SERVICES AGREEMENT
[Traffic Engineering Services]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on thi s _____ day of ____________, 2022 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation (“Contractor”), who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. As a material inducem ent to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are th e subject of this Agreement are not in the usual course of City’s business and City relies on Contractor’s representation that it is independently engaged in the busi ness of providing such services and is experienced in performing the work.

Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity provid ing such services to a municipal agency. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.

Larry Tay, City Traffic Engineer (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of City’s Project Manager (or his/ her designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.

2. Compensation and Fees.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed NINETY-NINE THOUSAND FIVE HUNDRED SIXTY -NINE DOLLARS and 63/100 ($99,569.63) without the prior written authorization of City.

b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.

c. In addition to the scheduled services to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by City’s Project Manager. In anticipation of such contingencies, the sum of NINE THOUSAND NINE HUNDRED FIFTY-SIX DOLLARS and 96/100 ($9,956.96) has been added to the total compensation of this Agreement. City’s Project Manager may approve the additional work and the actual costs incurred 53 2
by the Contractor in performance of additional work or services in accordance with such amount as City’s Project Manager 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 an Amendment to Agreement 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 City’s Project Manager. Any and all additional work and services performed under this Agreement 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 City’s Project Manager prior to the commencement of such services.

d. The total amount of compensation under this Agreement, including contingencies, shall not exceed ONE HUNDRED NINE THOUSAND FIVE HUNDRED TWENTY-SIX DOLLARS and 59/100 ($109,526.59).

3. Payment.

a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.

b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.

c. City will pay Contractor the amount invoiced within thirty (30) days of receipt of all deliverables.

d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as an amendment to this Agreement. City’s Project Manager is authorized to approve a reduction in the services to be performed and compensation therefor. All amendments shall set forth the changes of work, extension of time, and/or adjustment of the compensation to be paid by City to Contractor and shall be signed by the City’s Project Manager, City Manager or City Council, as applicable.

5. Licenses. Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are requ ired under state or federal law to perform the work contemplated by this Agreement and that Contractor and its subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement.

6. Independent Contractor . At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the 54 3
right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materi als and equipment which may be required for furnishing services pursuant to this Agreement. 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 it and any subcontractors, agents or employees employ ed 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, P ublic Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

7. Contractor Not Agent. 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.

8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement.

It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.

9. Assignment or Subcontracting. No assignment or subcontracting by Contractor of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has the prior written approval of City. City may terminate t his Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or his/her designee.

10. Time of Completion . Except as otherwise specified in Exhibit “A,” Contractor shall commence the work provided for in this Agreement within five (5) days of the Effective Date of this Agreement and diligently prosecute completion of the work in accordance with the time period set forth in Exhibit “A” hereto or as otherwise agreed to by and between the representatives of the parties.

11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work. Contractor shall not have liability for any delays, expenses, losses, damages, or be deemed in breach which are caused by any factor outside of its reasonable control, including but not limited to , natural disasters, epidemics, pandemics (including COVID-19), adverse weather, or acts of the Ci ty, third parties, or governmental agencies.

12. Reserved.

55 4

13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above, absent a written amendment to this Agreement.

14. Products of Contractor. The documents, studies, evaluations, asses sments, reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products produced or provided by Contractor for this Agreement shall become the property of City upon receipt. Contractor shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilize such products without restriction. Any modifications made by City to any of Contractor’s documents, or any use, partial use, or reuse of the docum ents for purposes other than those identified in this Agreement, without written autho rization or adaptation by Contractor, will be at City’s sole risk and without liability to Contractor, and City shall indemnify, defend, and hold Contractor harmless from all claims, damages, losses, and expenses, including but not limited to attorney’s fees, resulting therefrom.

15. Equal Employment Opportunity . During the performance of this Agreement, Contractor agrees as follows:

a. Contractor shall not discrimina te 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 empl oyees 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 agrees to post in 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 Contractor, 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 Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

16. 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 consultant to influence any decision of City 56 5
in which Contractor knows or has reason to know that Contractor, its of ficers, partners, or employees have a financial interest as defined in Section 8710 3 of the Government Code.

Contractor further agrees that it shall not be eligible to work as the design/build firm for the project that is the subject of this Agreement.

17. Indemnity.

a. To the fullest extent permitted by law , Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:

(1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and

(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Inde mnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.

b. To the fullest extent permitted by law, and as limited by California Civil Code 2782.8, Contractor agrees to indemnify and hold Indemnite es harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property to the extent caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.

c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement.

d. The indemniti es set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.

57 6

18. Insurance.

a. Contractor shall carry workers ’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any worker s’ compensation benefits under any City program.

b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ( $1,000,000) per occurrence ; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.

c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($ 1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis.

d. 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 Agreement are sufficient to cover the obligations of Contractor under this Agreement.

e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. 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 c ontracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.

f. Contractor shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a minimum limit of One Million Dollars ($1,000,000) per claim. Contractor agrees to keep such policy in force and effect for at least five (5) years from the date of completion of this Agreement.

g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.

Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.

58 7
h. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.

i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies 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. In the case of professional liability insuranc e coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in California so long as such insurer pos sesses the aforementioned Best rating.

j Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement 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 d amages resulting therefrom, by way of set -off from any sums owed Contractor.

k. 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 payment of any loss under such insurance.

l. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.

19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than five (5) days’ written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.

Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

20. 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 ot her information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement.

City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall 59 8
maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to 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.

21. Compliance with all Laws/Immigration Laws.

a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.

b. If the work provided for in this Agreement constitutes a “public works,” 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 it, and any subcontractor under it, shall pay not less than the specified prevailing ra tes of wages to all such workers . The general prevailing wage determinations for c rafts can be located on the web site of the Department of Industrial Relations ( www.dir.ca.gov/DLSR). Additionally, to perform work under this Agreement, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

c. Contractor represents and warrants that it:

(1) Has complied and shall at all times during the term of this Agreement 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 Agreement who is ineligible to work in the United States or under the terms of this Agreement; and

(3) Has properly maintained, and shall at all times during t he term of this Agreement 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 Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I -9 compliance and/or worksite enforcement by the Department of Ho meland Security, the Department of Labor, or the Social Security Administration.

d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c.

60 9
e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement 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 Agreement without written notice to City, accompanied by the verification required herein for such employees.

f. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.e.

g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the Uni ted States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City.

h. Contractor agrees to indemnify and hold City, its officers, officials, agents 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 sa id laws, rules and regulations in connection with the performance of this Agreement.

22. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.

23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement 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 Agree ment shall not be compensated.

24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally , by e -mail, or by first class U.S. 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”

Kimley-Horn and Associates, Inc. City of Orange
110 W. Town & Country Road 300 E. Chapman Avenue
Orange, CA 92868 Orange, CA 92866-1591
Attn.: Jason Melchor Attn.: Larry Tay

Telephone: (714) 705-1331 Telephone: (714) 744-5534 E-Mail: [email protected] E-Mail: [email protected]

61 10

25. Counterparts. This Agreement 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.

IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.

“CONTRACTOR” “CITY”

KIMLEY-HORN AND ASSOCIATES, INC., CITY OF ORANGE, a municipal corporation a North Carolina corporation

*By: By:

Printed Name: Mark A. Murphy, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney

*NOTE: City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resol ution, certified by the Secretary close in time to the execution of the Agreement, must be provided to City.
62 EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
63 Proposal for

LOCAL ROADWAY SAFETY PLAN PREPARATION
City of Orange  TRTS77004.2022
1 3 PROJECT TEAM
The proposed Kimley-Horn team has a history of providing high-quality solutions while addressing state and federal procedures during the completion of similar safety projects for local agencies across California. The organizational chart below delineates the responsibilities of our proposed staff. Our team will be led by Jason Melchor, P .E., a successful Kimley-Horn project manager with over two decades of experience in transportation safety projects. Jason has thorough knowledge of the LRSP process and extensive experience coordinating communications between stakeholder groups and City staff throughout plan development. Jason will serve as your key contact and will maintain a close working relationship with City staff throughout the project. Jason will oversee an in-house team of well-qualified engineers, planners, and analysts, specializing in safety planning and engineering.

Jason and his team will be supported by Jean Fares, P .E., who will utilize his 30+ years of experience in traffic engineering to provide valuable input as the principal-in-charge on the project. In addition, our proposed QC/QA manager, Sri Chakravarthy, P .E., T.E., has 19 years of traffic engineering experience, specifically related to traffic design, planning, and operations of streets, intersections, and highways. Sri specializes in traffic signal operations, traffic signal design, traffic impact studies, roundabout design, corridor planning, signal justification studies, school safety studies, site specific traffic circulation, and safety studies.

Darryl dePencier, AICP , GISP , RSP1, who will be the lead project planner, brings more than 15 years of specialized safety experience ranging from establishing safety policy language to network screening to crash site engineering reviews to developing countermeasure toolboxes. He has worked on studies at the statewide, regional, local, and site-specific levels that incorporate the Es of safety (engineering, education, enforcement, emergency response, and emerging technologies). Darryl will be supported by Kyle McGowan, AICP, a planner in the traffic engineering field with experience providing engineering design support including crash and roadway analyses, document review, and data collection. In addition to Kyle, Darryl will be joined by Amanda Forsans, a skilled analyst backed by successful recent LRSP experience in Southern California.

Lastly, our proposed project engineers are Robert Paderna, P .E., RSP1, and Mike Colety, P .E., PTOE, RSP1, RSP2i, RSP2B. Robert brings 18 years of diverse traffic engineering experience and has been involved in traffic safety projects throughout California. Additionally, Mike has spent the last 25 years planning and designing transportation facilities that incorporate safety and functionality. He has been involved in more than a dozen recent LRSPs, and specializes in bicycle and facility planning, design, and safety. Our team has dedicated their careers to improving the safety of travelers and commuters.

In addition to our in-house team, Jason will manage subconsultant Crossroads Software, Inc. (Crossroads). Crossroads has been in business in Southern California for over 30 years and provides software systems for reporting and analysis of traffic collisions and traffic citations. Crossroads has provided Collision Database Analysis Systems to over 350 public agency traffic engineering departments and over 250 police departments in California. Crossroads’ Jeff Cullen will assist with data collection for this project using the SWITRS database. Crossroads can provide the project team direct access to updated collision records from CHPs central database, avoiding the need to have City staff pull data and potentially not get the latest data available. The last five years of collision data will be gathered to allow insight into trends and to better mitigate the natural year-over- year fluctuation caused by natural randomness in collision activity.

Resumes for each team member describing their individual experience can be found in the Appendices of this proposal.

Organizational Chart

PROJECT ENGINEERS
Robert Paderna, P .E., RSP1
Mike Colety, P .E., PTOE, RSP1,
RSP2I, RSP2B

LEAD PROJECT PLANNER
Darryl dePencier, AICP , GISP , RSP1

PROJECT PLANNER
Kyle McGowan, AICP

PROJECT ANALYST
Amanda Forsans

DATA COLLECTION
Jeff Cullen (Crossroads)

PRINCIPAL-IN-CHARGE
Jean Fares, P .E.

QC/QA MANAGER
Sri Chakravarthy, P .E., T.E.

PROJECT MANAGER
Jason Melchor, P .E.
64 Proposal for

LOCAL ROADWAY SAFETY PLAN PREPARATION
City of Orange  TRTS77004.2022
2 Availability
In addition to experience with similar projects, our team members were selected based on their availability to perform the services required for this contract. Kimley-Horn uses a proactive management system, known as “cast-aheads” to detail every project’s personnel needs and determine each staff person’s availability. Based upon a review of our cast-aheads, we can assure you that the staff selected for this team are immediately available to serve you and are in excellent position to handle the workload required to accommodate the City’s needs throughout the duration of this contract. In addition, we can call upon the 5,500+ personnel in our firm at any given time to meet the City’s needs. Each team member’s level of commitment is shown in the table below.

Team Member % Available for this Project
Jason Melchor, P .E. (Project Manager) 50%
Jean Fares. P .E. (Principal-in-Charge) 20%
Srikanth Chakravarthy, P .E., T.E. (QC/QA Manager) 20%
Darryl dePencier, AICP , GISP , RSP1 (Lead Project Planner) 50% Robert Paderna, P .E., RSP1 (Project Engineer) 40%
Kyle McGowan, AICP (Project Planner) 50%
Amanda Forsans (Analyst) 50%
Mike Colety, P .E., PTOE, RSP1, RSP2i, RSP2B (Project Engineer) 30% Jeff Cullen (Crossroads Software) 25%
Key Personnel by Task
Task Name Key Personnel Involved
Task 1 – Project Management and Meetings Jason Melchor, Darryl dePencier, Kyle McGowan Task 2 – Determine Plan, Vision, and Goals Jason Melchor, Darryl dePencier, Kyle McGowan Task 3 – Data Analysis Darryl dePencier, Kyle McGowan, Jeff Cullen Task 4 – Countermeasure Development -
Identify Strategies
Jason Melchor, Darryl dePencier, Robert Paderna, Kyle McGowan Task 5 – Implementation Program Jason Melchor, Darryl dePencier, Kyle McGowan Task 6 – Local Roadway Safety Plan Jason Melchor, Darryl dePencier, Kyle McGowan, Mike Colety 4 EXPERIENCE AND QUALIFICATIONS
Firm Overview
Kimley-Horn is a full-service engineering, planning, landscape architecture, and environmental consulting firm providing services to both public and private sector clients nationwide. Founded in 1967, Kimley-Horn has grown from a small group of traffic engineers and transportation planners to a firm of more than 5,500 employees in 99 offices nationwide, including 11 in California. Our Southern California offices including Orange, Los Angeles, Riverside, and San Diego are staffed with skilled engineers, planners, designers, and support staff specializing in traffic engineering, bicycle and pedestrian planning, SSAR and LRSP programs, grant writing expertise, and other key services.

Kimley-Horn’s continued growth and stability over the past 55 years is the direct result of our firm’s commitment to integrity and dedication to providing quality services. According to Engineering News Record, our firm ranks 10th in transportation among the nation’s top 500 design firms.

We offer clients the local knowledge and responsiveness of a small organization, backed by the depth of resources only a national firm can offer.

The Kimley-Horn team is committed to providing the City with high-quality solutions that exceed your expectations. We accomplish this by providing you with a team of experienced and technically proficient individuals who offer extensive safety expertise.

Areas of Experience
Our long-term association with public municipalities has provided us with comprehensive project experience and knowledge. Our Southern California offices offer complete traffic and civil engineering services in-house. We have completed thousands of traffic engineering and operations projects ranging from single intersection safety audits, designs, and analyses to major area-wide signal systems involving hundreds of intersections.

In summary, Kimley-Horn offers in-house specialists for the following general service areas:
65 Proposal for

LOCAL ROADWAY SAFETY PLAN PREPARATION
City of Orange  TRTS77004.2022
3 LRSP
Kimley-Horn understands that an LRSP is a proactive approach to safety analysis. Existing crash patterns form part of the safety picture, but only show us where crashes have occurred, not necessarily where conditions that elevate the risk of crashes exist. An LRSP is intended to identify high crash locations within a city and diagnose what conditions might contribute to that elevated crash activity. The LRSP then identifies countermeasures that can be applied systemically throughout the city where those conditions exist to remove those higher risk conditions before crashes occur. We recognize that an LRSP is not fixed in its scope or breadth and that each jurisdiction faces unique safety challenges, driver behavior patterns, and historical roadway development. Our approach is to explore what is normal within the City of Orange and to avoid assumptions that might lead to a more repetitive approach to completing LRSP projects. In an effort to ensure completeness and to set safety benchmarks customized for the City, our approach will be to:
• Refine the work plan with City staff
• Conduct a citywide network screening to establish crash rate benchmarks for intersections and roadway segments
• Identify locations with the highest crash volumes and highest risk factors based on network screening (from the designated corridors and intersections)
• Map crash patterns at higher crash locations
• Conduct field review of higher crash locations
• Identify countermeasures that would likely reduce crashes • Establish template projects and benefit/cost assessments to produce short, medium, and long-term projects that the City can pursue funding for
• Active engagement with stakeholders
• Focus on driver behavior factors as well as roadway engineering Traffic Engineering
Kimley-Horn was founded by three traffic engineer graduates from North Carolina State University who had a strong passion to serve clients, particularly public agencies. Today, this discipline continues to be one of our core practice areas in virtually every one of our offices. We have completed thousands of traffic engineering projects for public agencies across the country, ranging from major area-wide systems involving hundreds of intersections to the design and analysis of a single intersection. Our team brings experience in traffic studies and analyses, including the evaluation of operational characteristics, safety, capacity, circulation, flow, and access. Our traffic engineers are highly-trained and capable in using software—including VISSIM, CORSIM, HCS+, Synchro/SimTraffic, SIDRA Intersection, Signal 2020, and Transyt-7F—to evaluate the operating conditions for existing or proposed roadway configurations. In addition, our staff has the ability to translate these analyses into easy-to- understand content for the general public, as well as public officials and other stakeholders. Specific services we provide include:
• Safety studies
• High accident location studies
• Collision analysis
• Data collection
• Asset inventory
• Traffic Impact Analysis (TIA) studies
• Access-Egress and internal circulation studies
• Speed, classification, and volume studies
• Origin-Destination studies
• Traffic calming studies and cut-through analysis
• Freeway, arterial, and intersection capacity analysis • Interchange justification/modification reports
• Traffic simulation/animation
• Sidewalk needs studies
• Roundabout feasibility studies
• Median modification studies
• Maintenance of traffic plans
• Expert testimony
Bicycle and Pedestrian Planning
Kimley-Horn is committed to enabling safe, attractive, and comfortable access and travel for all users, including bicyclists and pedestrians of all ages and abilities. We have extensive experience in bicycle and pedestrian planning and place a priority on state-of-the-art practices and implementable solutions. Our bicycle and pedestrian planning experience ranges from municipal, regional, and statewide plans to corridors and wayfinding studies. Our focus on implementability is seen through our successful on-street bikeway, sidewalk, and greenway design practice as well as through our innovative operational studies such as in-road bicycle detection systems. The fact that we are frequently asked to take our bicycle and pedestrian planning projects all the way from design to construction administration demonstrates our clients’ trust in the quality we provide.

Traffic Data Collection
Our team members are skilled at using manual and advanced technology to collect traffic data. Based on the need, our team can capture field data with basic methods or through use of portable GPS devices that allow digital photo linking capabilities and direct importation into GIS mapping and software such as ESRI ArcGIS. We take care to obtain accurate data because it is the basis for a traffic study. Often, some data (such as accident reports or recent traffic counts) can be obtained from existing sources. However, if new data is needed, Kimley-Horn knows the criteria for data collection, documentation, and compilation. 66 Proposal for

LOCAL ROADWAY SAFETY PLAN PREPARATION
City of Orange  TRTS77004.2022
4 Grant Writing
Kimley-Horn has a proven track record of winning grants for similar types of HSIP projects including 20 applications that were funded in Cycle 10 worth over $30 million. Kimley-Horn can research and find project funding through state and federal grant programs. Our planning studies are geared toward practical, community-based solutions that meet the objectives of many grant programs. Our grant writing experience has helped our clients secure more than $200 million over the past few years for the implementation of a wide array of projects through programs such as Active Transportation grants and Smart Growth programs. We understand the deadlines, application processes, and scoring criteria associated with grant programs, and can harness this experience to assist the City with funding applications. Our ultimate mission is to bring the ideas of a community involvement process to real projects that shape the livability of our cities and neighborhood.

Project Experience
Kimley-Horn has a diverse portfolio of
experience which includes both safety
planning and engineering and bicycle
and pedestrian facility planning safety
design. The projects below highlight our
team’s comprehensive statewide safety
experience. Each project was completed,
or is in the process of being completed,
by members of our project team within
budget and on schedule. This gives us the
ideal background to be able to complete
your LRSP on your terms. Detailed
descriptions of several recent, directly
related projects along with reputable
client references can be found in Section
7 of this proposal.
5 PROJECT UNDERSTANDING AND APPROACH
The City of Orange is taking a major step towards enhanced roadway safety through the development of a Local Roadway Safety Plan (LRSP). This plan will help the City identify the factors that contribute most to local traffic collisions and will better position the City for safety funding from state and federal grant programs. Kimley-Horn has extensive experience with the California HSIP including the development of the HSIP Implementation Plan at the statewide level, and recently over $30M in successful HSIP grants in Cycle 10. The goal of the LRSP is to develop countermeasures that can be systemically implemented to reduce the risk of collisions on city streets. Kimley-Horn’s approach builds that toolbox using three separate processes:

1. Identify citywide emphasis areas such as impaired driving or active transportation that represent a large proportion of traffic injuries.

2. Identify site-specific case studies that are representative of other locations in the city for a more detailed audit and focused countermeasures.

3. A review of citywide policies, programs, resources, and practices that may have an impact on traffic safety, and then the identification of opportunities to align with safety best practices.

CITY LRSPS, SSARPS, AND RSSAS
13 Sunnyvale SSARP
14 Goleta SSARP
15 Ventura SSARP
16 Santa Clarita SSARP/LRSP
17 Lancaster SSARP
18 Artesia LRSP
19 Anaheim LRSP
20 Eastvale SSARP
21 La Quinta SSARP
22 Perris LRSP
23 Imperial Beach LRSP
24 Moreno Valley RSA / RSSA
25 Santa Cruz LRSP
26 Palm Desert LRSP
27 Citrus Heights LRSP
28 Roseville LRSP
29 Rocklin LRSP
30 South San Francisco LRSP
31 Rancho Cordova LRSP
32 Indio LRSP
33 San Clemente LRSP
34 Costa Mesa LRSP
35 Seal Beach LRSP
36 Tracy LRSP
37 Hollister LRSP
38 San Juan Bautista LRSP
39 Santa Maria LRSP
in other states
OVER
135
LRSPs
40 Lincoln LRSP
41 Simi Valley LRSP
42 Agoura Hills LRSP
43 West Hollywood LRSP
44 Chino LRSP
45 Menifee LRSP
46 Corona LRSP

COUNTY LRSPS,

SSARPS, AND RSSAS
1 Nevada County RSSA
2 Placer County RSSA
3 Marin County RSSA
4 San Joaquin County SSARP
5 Calaveras County RSSA
6 Stanislaus County RSSA
7 Mono County SSARP
8 Monterey County RSSA
9 Ventura County LRSP
10 Imperial County RSSA
11 San Benito County LRSP
12 Sutter County LRSP
¨§¦
80 ¨§¦
40 ¨§¦
15 ¨§¦
10 ¨§¦
8 ¨§¦
5 ¨§¦
580
¨§¦
80 ¨§¦
280
101
101
99 1
2 3
4 5
6 7
8 9
10 11
12 13
36 37
38 39
14 15
16 41
42 43
17 18
19 20
22 46
33 34
35 21
23 25
26 32
27 40
28 29
30 31
44 45
24 STATEWIDE SAFETY PROJECTS
» California Strategic Highway Safety Plan
» California Strategic Performance Measures Targets
» California Highway Safety Improvement Program
Implementation Plan
67 Proposal for

LOCAL ROADWAY SAFETY PLAN PREPARATION
City of Orange  TRTS77004.2022
5 This study is important because in addition to the trauma of injury and loss of life, economic losses in the City of Orange due to traffic injuries on city streets were nearly $600M from 2016 through 2020 according to SafeTREC’s Traffic Injury Mapping System (TIMS) and Caltrans HSIP Cost Parameters. The Office of Traffic Safety (OTS) most recently ranked Orange 24 of 59 peer cities in 2019 for traffic injuries after normalizing for population and VMT, which suggests that the city is in the more impacted half of its group for traffic injuries. The OTS ranking for several categories is listed in Table 1. Motorcycle related collisions is the lowest ranked in its peer group, followed by crashes with bicyclists.

Table 1 - Office of Traffic Safety Rankings (2019)
Agency Year County Group Population (Avg) DVMT
Orange 2019 ORANGE COUNTY B 139,504 1420880

TYPE OF CRASH VICTIMS KILLED & INJURED OTS RANKING
Total Fatal and Injury 712 24/59
Alcohol Involved 73 27/59
Had Been Drinking Driver < 21 0 56/59
Had Been Drinking Driver 21 – 34 19 11/59
Motorcycles 34 4/59
Pedestrians 43 27/59
Pedestrians < 15 4 32/59
Pedestrians 65+ 5 31/59
Bicyclists 43 12/59
Bicyclists < 15 2 40/59
Composite 283 31/59

TYPE OF CRASH FATAL & INJURY CRASHES OTS RANKING
Speed Related 100 34/59
Nighttime (9:00pm – 2:59am) 60 28/59
Hit and Run 31 39/59
TYPE OF ARRESTS ARRESTS OTS RANKING*
DUI Arrests 433 49/59
Kimley-Horn is the lead consultant supporting Caltrans’ Strategic Highway Safety Plan (SHSP) and HSIP Implementation Plan. The SHSP outlines statewide priorities and emphasis areas, and when comparing fatalities and serious injuries over the last ten years against statewide trends for SHSP challenge areas, it showed that crashes in Orange more often involved motorcycles, aggressive driving, and distracted driving. Fewer involved lane departures, improper use of occupant protection, or intersections. Table 2 shows the statewide fatal and severe injury collisions in comparison to data from the City of Orange.

Table 2 - Fatal & Severe Injuries - Statewide vs. Orange Challenge Areas
Statewide Orange
% of F+SI Collisions
(2009-2018)
F+SI Collisions
(2009-2018) % % Point Difference
Aggressive Driving 33.1% 166 38.5% 5.4%
Aging Drivers 65+ 12.4% 51 11.8% -0.5%
Bicyclists 8.3% 32 7.4% -0.9%
Commercial Vehicles 6.4% 21 4.9% -1.5%
Distracted Driving 5.0% 39 9.0% 4.0%
Driver Licensing* 24.7% 16 19.3% -5.4%
Impaired Driving 25.3% 115 26.7% 1.4%
Intersections 23.6% 90 20.9% -2.7%
Lane Departure 43.3% 137 31.8% -11.5%
Motorcyclists 21.0% 120 27.8% 6.9%
68 Proposal for

LOCAL ROADWAY SAFETY PLAN PREPARATION
City of Orange  TRTS77004.2022
6 Improper Use of
Occupant Protection 14.2% 34 7.9% -6.3%
Pedestrians 19.2% 85 19.7% 0.5%
Work Zones 1.4% 2 0.5% -1.0%
Young Drivers 13.1% 45 10.4% -2.6%
*Available for Fatal Only
Kimley-Horn has analyzed the Statewide Integrated Traffic Records System (SWITRS) data for the City from 2016-2020. Our preliminary analysis explored the following collision categories:

Collision Severity
6% of the injury collisions from 2016-2020 resulted in a fatality or severe injury. A majority of the injury collisions resulted in complaints of pain or some other visible injury. Table 3 shows the breakdown of injury collisions by injury severity.

Table 3 - Collisions by Severity Level
Severity Count Percent
Fatal 25 1.0%
Severe Injury 132 5.2%
Visible Injury 1019 40.0%
Complaint of Pain 1369 53.8%
Total 2545 100.0%
Collision Type
The most common types of collisions in the city were rear-ends and broadsides, totaling 64.2% of crashes within the city. A full breakdown of the collision types is shown in Table 4.

Table 4 - Collisions by Type
Collision Type Count Percent
Broadside 1009 39.6%
Rear End 626 24.6%
Head-On 230 9.0%
Sideswipe 222 8.7%
Hit Object 194 7.6%
Vehicle/Pedestrian 154 6.1%
Other 57 2.2%
Overturned 30 1.2%
Total 2545 100.0%
Primary Collision Factor
The most common factors that led to collisions in the city were right-of-way violations, unsafe speed, and improper turning, collectively accounting for almost two-thirds of all injury crashes. A full breakdown of the primary collision factors is shown in Table 5.

Table 5 - Collisions by Primary Collision Factor
Primary Collision Factor Count Percent
Automobile Right-of-Way 693 27.2%
Unsafe Speed 635 25.0%
Improper Turning 277 10.9%
Traffic Signals and Signs 276 10.8%
69 Proposal for

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7 Primary Collision Factor Count Percent
Driving or Bicycling Under the
Influence of Alcohol or Drugs 237 9.3%
Pedestrian Right-of-Way 77 3.0%
Wrong Side of Road 62 2.4%
Pedestrian Violation 61 2.4%
Unknown 58 2.3%
Unsafe Lane Change 51 2.0%
Unsafe Starting or Backing 40 1.6%
Other Hazardous Violation 16 0.6%
Other Than Driver (or Pedestrian) 15 0.6%
Following Too Closely 12 0.5%
Improper Passing 11 0.4%
Other Improper Driving 5 0.2%
Brakes 2 0.1%
Other Equipment 1 0.0%
Total 2545 100.0%
Collision ‘Involved With’
Nearly 70% of the injury collisions in the city were between two or more moving motor vehicles, and an additional 13% were evenly split between pedestrians and fixed objects. However, there were also several crashes with fixed objects, pedestrians, and bicycles. Pedestrian crashes in particular resulted in a higher rate of more severe injuries. Table 6 shows a full breakdown of the collisions, what object they were involved with, and the distribution of their injury levels.

Table 6 - Collisions by 'Involved With'
Vehicle Involved With Fatal Severe Injury Other Visible Injury
Complaint
of Pain Total
Other Motor Vehicle 4 64 600 1066 1734
Fixed Object 5 23 141 77 246
Pedestrian 14 26 78 61 179
Bicycle - 13 85 77 175
Parked Motor Vehicle - 2 61 48 111
Non-Collision 1 3 22 12 38
Motor Vehicle on Other Roadway - - 8 15 23
Other Object 1 1 14 6 22
Train - - 2 - 2
Animal - - - 1 1
Not Started - - 8 6 14
Total 25 132 1011 1363 2545
Figure 1 and Table 7 show the concentration of injury crashes in Orange and highlights the 20 most economically impactful intersections in the city. We understand the City has ongoing projects that have completed construction or will be constructed such as the Left-turn Signal Modifications at Glassell Street and Meats Avenue and at Glassell Street and Collins Avenue. Collisions at those locations most likely have preceded the installation of those improvements, so we will need to compare that data closely. Therefore, the LRSP will be a living document, and when areas of construction are complete, the data can be revisited and analyzed in the area. 70 Proposal for

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8 Figure 1: Injury Crashes and 20 Most Economically Impactful Intersection Table 7 - 20 Most Economically Impactful Intersections
Rank Intersection Total Fatal SI VI CP Bike Ped Cost
1 Chapman Avenue Tustin Street 36 0 3 11 22 5 2 $9,915,100 2 Katella Avenue Glassell Street 22 1 2 3 16 1 2 $8,291,300 3 Katella Avenue Main Street 13 0 3 3 7 0 3 $7,563,200
4 Chapman Avenue Prospect Street 21 0 2 4 15 2 1 $6,162,700 5 Chapman Avenue Manchester Avenue 14 0 2 7 5 0 2 $5,780,600 6 Heim Avenue Tustin Street 13 0 2 3 8 0 2 $5,454,100
7 Chapman Avenue James Street 12 0 2 4 6 2 1 $5,434,600 8 Chapman Avenue Lewis Street 14 0 2 1 11 0 2 $5,412,200 9 Chapman Avenue Hamlin Street 9 1 1 5 2 0 3 $5,253,300 10 Fairhaven Avenue Yorba Street 9 0 2 4 3 1 1 $5,191,900 11 Maple Avenue Main Street 9 0 2 3 4 1 1 $5,130,500
12 Village at Orange Tustin Street 6 0 2 2 2 0 1 $4,826,400 13 Meats Avenue Nordic Street 5 1 1 2 1 2 2 $4,745,500
14 Spring Street Prospect Street 5 0 2 2 1 1 0 $4,745,500 15 Chapman Avenue Wayfield Street 4 0 2 2 0 0 0 $4,664,600 16 Katella Avenue Struck Avenue 5 0 2 0 3 0 1 $4,622,700 17 Walnut Avenue Tustin Street 22 0 1 10 11 3 4 $4,502,900 18 Trenton Avenue Glassell Street 3 1 1 0 1 0 0 $4,460,900 19 Hoover Avenue Glassell Street 3 0 2 0 1 0 1 $4,460,900 20 Fairhaven Avenue Tustin Street 19 0 1 9 9 0 1 $4,198,800 Our team uses custom GIS-based tools to evaluate the roadway system and intersections using Highway Safety Manual statistical methods. This allows for independent evaluation of intersections by control type, and roadways by function. Our team then applies additional statistics to rate each location for crash severity, crash type patterns, driver behavior factors, and roadway conditions. Our analysis procedures are outlined on the next page. 71 Proposal for

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9 Kimley-Horn works closely with Crossroads allowing us to seamlessly input their data outputs of the most recent
available crash data. Our custom in-house software can
process the Crossroads crash records to provide a
ranked order of intersections and roadway segments by
crash activity consistent with the Local Roadway Safety Manual. In addition, our custom software can provide a
statistical evaluation of crash rates for each location relative to citywide norms and highlight locations with unusually high crash severities or crash patterns that
can help diagnose safety challenges.

Kimley-Horn’s approach to LRSP development centers
on the creation of a countermeasure toolbox that
includes items that address both infrastructure and
driver behavior. A combination of crash history, roadway characteristics, and stakeholder feedback is used to
determine which countermeasures will be most likely to
have the most safety benefit relative to cost for the City.

The toolbox is then used to produce three products as
part of the LRSP .

1. City-wide Systemic Infrastructure Projects;
Serious injury crashes in Orange are more likely
to involve aggressive driving than in other parts of
California. The LRSP would likely include a number
of low-cost systemic countermeasures such as
signal coordination, narrower travel lanes, and speed
feedback signs.

2. Local Infrastructure Projects; For example, the intersection of Chapman Avenue and Tustin Street has had the most-costly injury count between 2016 and 2020, according to the TIMS dataset. This intersection saw a total of 36 injury crashes (three of which were severe), five bicycle collisions, and two pedestrian collisions over a 5-year period. The LRSP would likely consider leading pedestrian intervals (LPI), and retroreflective backplating to improve signal head visibility. We understand that a signal synchronization project along Tustin Street is underway, and LPI could potentially be implemented if determined to be a countermeasure for this location.

3. Non-Infrastructure Projects; Serious injury and fatal crashes in Orange are more commonly associated with impaired driving. The LRSP could explore opportunities to get additional OTS or other state grants for enforcement campaigns and educational initiatives. The team might also evaluate lighting and other roadway features that can reduce the harm associated with impaired driving.

The following scope of services outlines how Kimley-Horn will build off the City’s current plans to provide a well-rounded framework for an ongoing safety improvement program. The LRSP will be structured to make the City more competitive for grant funding, better able to identify and prioritize safety needs, and encourage safer driving practices of its residents.

Scope of Services
Task 1 – Project Management and Meetings
Task 1.1 – Kick-off Meeting, Project Management, and Project Schedule Kimley-Horn will prepare an agenda and conduct a project kick off meeting to review and refine the project methodology and schedule, and to establish a Project Development Team (PDT) with key City staff, which we will maintain close and consistent communication through regular monthly PDT status meetings to discuss plan development, project progress, upcoming deliverables, and City review periods. We will prepare meeting minutes to document the discussion, decisions made, and action items assigned. Meetings are anticipated to be held virtually given current conditions.

We will review the detailed project schedule and tasks during PDT meetings and update the schedule as needed.

Kimley-Horn will assist the City in providing administrative support to make sure the project is in compliance with the Local Assistance Procedure Manual guidelines.

Stakeholder Input Crash Data
Benef t / Cost Analysis
Identify High
Risk Network
Crash
Trends
Network Screening
Identify High Injury
Network
Diagnostic
Crash Patterns
Develop
Non-Infrastructure Countermeasures
Program Cost
Estimates
Unit Cost Estimates
Project Cost
Estimates
Develop
Systemic Infrastructure Countermeasures
Develop
Specific
Infrastructure
Countermeasures

DEVELOP
Countermeasure Toolbox
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10 Kimley-Horn has established internal quality control processes that include multiple levels of review before deliverables are submitted to a client, including a designated quality control officer that is not part of the core project team to provide objective feedback from the perspective of someone external to the project. Kimley-Horn recommends in-person meetings, if conditions allow, at the following project milestones:

1. Project Kick-Off

2. Selection of High-Collision Sites for Project Development

3. Field Review Debrief

4. Project Recommendations
Additionally, Kimley-Horn will hold a short bi-weekly project progress meeting with the City project manager to discuss the current status of the project and to make decisions about project direction as alternative courses emerge.

During our kick-off meeting, we will identify safety partners/stakeholders who should be included in future project communications. We value representation from the local community, businesses, Chamber of Commerce, non-profit organizations, local transportation providers, City’s Public Works department, Orange Police Department, Orange Fire Department, Orange Unified School District, and health and safety agencies when creating a well-rounded safety plan.

Task 1.2 – Stakeholder Meetings
Kimley-Horn will work with the City to reach out to safety partners/stakeholders from the contact list developed. A Stakeholder meeting will be hosted, preferably in-person, to allow for two-way communication and feedback on the materials communicated. Kimley-Horn will organize, manage, run, and provide meeting minutes for the Stakeholder meeting. The meeting will provide an overview of the LRSP process, identify/ establish safety goals, objectives, strategies and emphasis areas; inform those present on the results found during the crash analysis, and outline the draft countermeasures and potential solutions. Stakeholders will be utilized for their local insight on the area, any challenges or opportunities they may know of, and their knowledge of “near-miss crashes.” Any potential additions or changes to the recommended countermeasures, based on the feedback received during this meeting, will be discussed with the City. The group will prioritize plans for implementation and be able to review and comment on the draft and final LRSP before recommending approval of the document to be adopted by City Council.

Task 1.3 – Field Visits
At up to ten identified high collision locations (key corridors and intersections) identified in Task 3, field assessments with City staff will be conducted to collect additional information to better match roadway characteristics with collision activity, allowing the team to diagnose issues and develop systemic recommendations. Deficiencies per the Highway Design Manual and other regulatory and guidance documents will be identified at these locations.
® Deliverables:
⤷ Project Kick-off Meeting
⤷ Meeting Agendas and Notes
⤷ Monthly Progress Reports
⤷ Two Stakeholder Meetings
⤷ Stakeholder Identification List
⤷ Field Visit Package (crash diagrams, note sheets, site visit map) ⤷ Field Notes
Task 2 – Determine Plan, Vision, and Goals
We will work with City staff, stakeholders, and the project team to draft a vision statement for the LRSP . We will work with the group to establish goals and objectives after completing the comprehensive data analysis with a focus on improving traffic and pedestrian safety, ultimately supporting the vision statement.

The team will identify safety challenges specific to the City of Orange that are elevating the risk of traffic injuries. The goals and objectives will be structured to meet the needs of the Local Road Safety Plan Program, provide optimal support of statewide funding priorities, and incorporate Priority Safety Strategies, Infrastructure Safety Projects, Behavioral Safety Strategies, and feedback from stakeholders and City staff. Each goal will be associated with a set of objectives that will help determine the prioritization of plan recommendations. ® Deliverables:
⤷ Vision statement for LRSP ⤷ Goals and Objectives Spreadsheet Task 3 – Data Analysis
Task 3.1 – State of the System Review - Review Best Practices, Existing Plans, Programs, and Policies Kimley-Horn will work with City staff to identify programs and policies within the City that are most supportive of safety, which ones could be updated to better align with current best practices, and where there are opportunities for new initiatives that would likely support safer roads and better driving behaviors. Kimley-Horn staff will collect the needed information by providing the City with a list of questions in advance and will conduct an interview with City staff to finalize the responses. 73 Proposal for

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11 We will conduct a literature review of existing plans published by the City, including the General Plan. Documents produced by the Orange County Transportation Authority (OCTA), the Southern California Association of Governments (SCAG), and Caltrans will also be reviewed to identify projects, policies and programs that are in place or recommended that might be of value to this analysis. Our team is already familiar with Caltrans procedures and guidance on the development of SSAR and LRSP plans and will provide a summary as part of this task.

We will coordinate with the City to obtain recent engineering studies that have been completed relating to roadway safety improvements, including traffic signal warrants, feasibility studies, and project study reports to examine the available citywide collision history and utilize Transportation Injury Mapping System (TIMS) which was developed by the Safe Transportation Research and Education Center (SafeTREC) as a web-based tool for local agencies to gather data for their safety analysis.

Task 3.2 – Data Production
The Kimley-Horn team includes Crossroads Software (Crossroads). Crossroads can provide the project team direct access to updated collision records from CHPs central database, avoiding the need to have City staff pull data and potentially not get the latest data available. The last five- years of collision data will be gathered to allow insight into trends and to better mitigate the natural year-over-year fluctuation caused by natural randomness in collision activity. Kimley-Horn’s approach is to look at all collision severity levels. This provides a richer dataset to review and allows the team to determine factors where collision severity levels are high relative to overall collision numbers.

Kimley-Horn will obtain available data on roadway functional classification, intersection control, posted speeds, schools, parks, transit stops, and other roadway characteristics that impact safety. Available traffic volume data will also be collected from the City. If possible, additional ADTs will be accessed from OCTA’s Traffic Volume Map or the Orange County Traffic Analysis Model (OCTAM).

Task 3.3 – Crash History Assessment/Identify Top Emphasis Areas Kimley-Horn will perform a comprehensive data analysis review. Our approach to safety analysis includes statistical network screening using Highway Safety Manual Methods. These methods are selected to identify locations with higher-than-expected collision activity that can be reviewed to identify roadway and intersection characteristics associated with higher risk. These methods also review a variety of collision characteristics to identify locations where specific types of collisions are over-represented. This helps to diagnose safety factors that are leading to elevated numbers of collisions.

The first screening step is to develop critical crash rates for segments and intersections in the City. Average crash rates are developed for intersections based on control type, and roadway segments based on functional classification. A statistical threshold is then established based on daily traffic volumes for each segment and intersection. The difference between the actual crash rate and the critical crash rate for each location can then be used to estimate the relative risk faced by users of the given intersection or segment. This method builds on the High Collision or High Injury Networks that essentially mirror High Traffic networks to provide deeper insight into potential low-cost safety measures. Roadways and intersections with lower classifications will also be identified, allowing the LRSP to broach risk factors associated with those roadways.

The second screening step focuses on crash type over-representation. City-wide data is used to determine the typical collision type mix for each of the functional classifications and intersection control types. Then the mixture is reviewed for each segment and intersection to highlight those with high concentrations of a specific collision factor. Factors analyzed would include:
• Fatal Collisions
• Fatal + Serious Injury Collisions
• Broadside Collisions
• Rear-End Collisions
• Sideswipe Collisions
• Head-On Collisions
• Single Vehicle Collisions (run off road, fixed object, parked vehicle, other)
• Bicycle Collisions
• Pedestrian Collisions
• Wet/Slippery Road Collisions
• Nighttime Collisions
• Collisions Involving Alcohol/Drugs
• Collisions Involving Driver Inattention
• Collisions Involving Speeding/Aggressive Driving
The resulting list would include both the number of collisions for each factor, and the probability that any excess is not random.

Kimley-Horn will provide an inventory of sites including all roadway segments and intersections with three or more collisions (needed for statistical evaluation) ranked by overall number of collisions per Local Roadway Safety Manual Guidance. Kimley-Horn will then recommend up to ten locations for further evaluation and potential project development based on amount of collision activity, collision severity, unusual collision patterns, and site variability to maximize the potential number of systemic factors and mitigations identified. We will identify potential conflicts between vehicles, pedestrians, and bicycles.

Kimley-Horn will use the research from the State of the System Review and an analysis of crash history to identify preliminary opportunity/emphasis areas in Orange for both infrastructure and non-infrastructure elements. These emphasis areas could be based on geography and/or other 74 Proposal for

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City of Orange  TRTS77004.2022
12 categories (e.g., pedestrian collisions, bicycle collisions, or distracted driving), depending on observed trends. The “Es” of traffic safety (engineering, enforcement, education, emergency services, and emerging technologies) will be used to guide the identification of these opportunities. We will identify a lead agency for each countermeasure and establish measurable objectives and goals for the LRSP . ® Deliverables:
⤷ Summary of Opportunities for Best Practices
⤷ Technical Memorandum #1 – Existing Plans and Programs ⤷ Question list of Current Practices for City
⤷ Technical Memorandum #2 – City-wide Safety
Background and Trends
⤷ List of Intersections and Segments with Statistically Analyzable Collision Activity
⤷ City-wide Safety Trends and Recommended Focus Areas
⤷ Crash Diagrams for High Crash Locations
⤷ List of Potential Local Countermeasures
Task 4 – Countermeasure Development - Identify Strategies The identification of the potential projects will be developed by examining the crash data and determining the appropriate countermeasures improvements to roadway segments. The team will prepare a toolbox of systemic safety mitigations that can be applied citywide, or on key parts of the network.

Countermeasures will include a mixture of infrastructural improvements, educational initiatives, law enforcement strategies, emergency response, policy updates, coordination activities and other items that will contribute to the overall tapestry of roadway safety in the City. We will identify safety measures that are appropriate, cost efficient and proven effective countermeasures by the U.S. Department of Transportation and the Federal Highway Administration.

The toolbox will be developed in three steps:

1. The site visit locations will be used as case studies. Solutions that emerge from those will be associated with the conditions they are addressing and added to the toolbox.

2. The team will identify up to three safety emphasis areas for the City based on collision trends and patterns that can be looked at holistically to identify broader strategies that can be employed to address them.

3. The best practices review will be used to identify actions the City can take to improve the safety environment.

An implementation plan will be developed for inclusion in the LSRP report that will help the City prioritize improvements and identify potential funding sources while remaining responsive to funding opportunities for HSIP and related grants, including evolving needs as plan implementation progresses.
® Deliverables:
⤷ Safety Countermeasure Toolbox
Task 5 – Implementation Program
Task 5.1 – Implementation Plan
Projects will be analyzed for their potential to reduce crash activity. Projects with the greatest and most cost-efficient crash reduction potential will be prioritized. Short-term, medium-term, and longer-term projects will be identified based on their cost and likelihood of reducing crashes.

The Kimley-Horn team will work with the City to develop an action plan and provide guidance for securing funding to address recommendations and achieve the goals and objectives identified for the LRSP . Safety projects identified will be consistent with Federal and State project funding requirements, particularly Highway Safety Improvement Program (HSIP) requirements. Kimley-Horn will assist the City with two HSIP grant applications.

This plan will also include a program for updates to the LRSP and an analysis procedure that City staff can use to update the network screening results to determine the effectiveness of countermeasures that have been implemented and to establish new priorities as existing ones are addressed and as roadway conditions and driver expectations change. 75 Proposal for

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City of Orange  TRTS77004.2022
13 Task 5.2 – Develop Priority Projects
Kimley-Horn will provide recommendations for operational safety improvements and develop project sheets for up to five high crash locations to improve roadway, traffic, and pedestrian safety. The sheets will profile the existing safety performance of the location, will include an aerial photo and map, and will outline potential countermeasures that had been identified through the safety analysis and workshop tasks and been approved by the City. Each countermeasure will also have a reported benefit/cost. These sheets will provide the City with a scalable overview of the most cost- effective safety options at each location based on the level of resources available, allowing for phased implementation of multiple countermeasures, or to go straight to implementation of the most cost-effective solutions. Projects will be reviewed and recommended for available grants. ® Deliverables:
⤷ Two Project Packages for Grant Applications
⤷ Technical Memorandum #3: Implementation Plan
⤷ Up to Five (5) Project Sheets Including List of Potential Projects ⤷ Cost estimates, mapping, and cost/benefit ratio of proposed safety improvements
Task 6 – Local Roadway Safety Plan
Task 6.1 – Draft Local Roadway Safety Plan
Prepare a Draft LRSP to document the findings of the previous tasks. The draft report, 60% Submittal, will be submitted to the City for review and comment. We will incorporate the City’s 60%’s comments into the Draft LRSP 90% Submittal and we will assist in circulating the Draft LRSP to identified stakeholders for review. Kimley-Horn will collect a consolidated set of comments from City staff and stakeholders to refine the report into a final document.

Task 6.2 – Final Local Roadway Safety Plan
Respond to all comments and incorporate feedback received on the Draft LRSP into the Final LRSP . This document will guide the City’s effort to improving transportation safety and reducing the number of incidents and the severity of those incidents on our transportation systems.

Provide three hard copies and an electronic copy (on flash drive) of the Final LRSP .

Kimley-Horn’s approach addresses the various Es of safety and will result in a report that satisfies the LRSP structure, making the City competitive for future state and federal safety funding. This report will include the previous deliverables into a single seamless document that the City can use to pursue additional project funding.

The LRSP will be a living document and analysis methods will be clearly outlined to facilitate future updates as the City completes projects, gets new collision data, as needs and priorities change, and seeks funding in future cycles after this report has reached its lifespan of up to five years per LRSP guidelines.
® Deliverables:
⤷ 60% and 90% Draft Local Road Safety Plan Submittals
⤷ Two hard copies of the Final Local Road Safety Plan
⤷ One flash drive of a PDF copy of the Final Local Road Safety Plan This Agreement is made in anticipation of conditions permitting continuous and orderly progress through completion of services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the consultant does not control. Consultant shall not have liability for any delays, expenses, losses, damages or be deemed in breach for liabilities which are caused by any factor outside of its reasonable control, including but not limited to natural disasters, epidemics, pandemics, quarantine restrictions, adverse weather, or acts of the City, third parties, or governmental agencies.
76 77
Agenda Item
City Council
Item #: 3.6. 4/12/2022 File #: 22-0207
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with the County of Orange for a Lead Forensic Specialist during Fiscal Years 2022-2025.

2. SUMMARY
The proposed three-year agreement will provide the continuation of services for a dedicated Lead Forensic Specialist to conduct fingerprint examinations in the amount of $198,614 for Fiscal Years 2022-2023.

3. RECOMMENDED ACTION
Approve the agreement with the County of Orange in the amount of $198,614 for a Lead Forensic Specialist; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $198,614 and will be funded upon adoption of the proposed Fiscal Years 2022-2023 budget through General Fund (100).

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
Over the years, the Police Department’sForensic Services Specialist position has remained vacant due to lack of qualified candidates. The Forensic Services Specialist position provides vital services to the department and requires a unique skill set and qualifications not easily attained. The Department relied on the assistance of the Orange County Sheriff’sDepartment (OCSD) for many years; however, this process resulted in a delay in processing evidence that caused a backlog of fingerprint analysis.

In January 2017, the Police Department transitioned from a “first-come, first-serve” basis with the County to a contractual service agreement that assigned a dedicated fingerprint examiner to Orange Police Department (OPD) casework. The Department mitigated the cost of services by holding the department’sForensic Services Specialist position vacant, and ultimately eliminated the position in July 2019. Since contracting with OCSD, the department has cleared the backlog of fingerprint analysis and has remained current with daily activity.

The term of this agreement spans three years, commencing July 1, 2022, and terminating June 30, City of Orange Printed on 4/7/2022Page 1 of 2
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78 Item #: 3.6. 4/12/2022 File #: 22-0207
The term of this agreement spans three years, commencing July 1, 2022, and terminating June 30, 2025. The total cost of $198,614 is for the initial period of July 1, 2022, through June 30, 2023, and will require an amendment to authorize cost increases each fiscal year, for years two and three, to continue with the agreement. If the cost estimates are not approved, the contract can be terminated.

Annual increases are calculated by the County and include the full anticipated cost of services, equipment, and supplies in accordance with current County cost data.

The services the County provides to OPD are immeasurable. The contract specifies one Lead Forensic Specialist; however, the County has far exceeded the agency’s expectations and has provided, on numerous occasions, additional staff to oversee critical incidents. This has been documented with the most recent mass shooting incident in March 2021.

Based on their high level of service and positive results, the department is requesting the continuation of services in the amount of $198,614 for Fiscal Year 2022-2023.

7. ATTACHMENTS
· Agreement with the County of Orange
City of Orange Printed on 4/7/2022Page 2 of 2
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79 Agenda Item
City Council
Item #: 3.6. 4/12/2022 File #: 22-0207
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with the County of Orange for a Lead Forensic Specialist during Fiscal Year 2022-2025.

4. FISCAL IMPACT
The total expenditure for this agreement is $198,614 and will be funded upon adoption of the proposed Fiscal Year 2022-2023 budget through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

The term of this agreement spans three years, commencing July 1, 2022, and terminating June 30, City of Orange Printed on 4/7/2022Page 1 of 2
powered by Legistar™
80 Item #: 3.6. 4/12/2022 File #: 22-0207
The term of this agreement spans three years, commencing July 1, 2022, and terminating June 30, 2025. The total cost of $198,614 is for the initial period of July 1, 2022, through June 30, 2023, and will require an amendment to authorize cost increases each fiscal year, for years two and three, to continue with the agreement. If the cost estimates are not approved, the contract can be terminated.

Annual increases are calculated by the County and include the full anticipated cost of services, equipment, and supplies in accordance with current County cost data.

Based on their high level of service and positive results, the department is requesting the continuation of services in the amount of $198,614 for Fiscal Year 2022-2023.

7. ATTACHMENTS
· Agreement with the County of Orange
City of Orange Printed on 4/7/2022Page 2 of 2
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AGREEMENT

BETWEEN THE

CITY OF ORANGE

AND THE

COUNTY OF ORANGE

THIS AGREEMENT is entered into this First day of April, 2022, which date is enumerated for purposes of reference only, by and between the CITY OF ORANGE, hereinafter referred to as “CITY”, and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as “COUNTY”.

WITNESSETH:

WHEREAS, CITY wishes to contract with COUNTY for enhanced fingerprint examiner and related services for major crimes; and WHEREAS, COUNTY is agreeable to the rendering of such services, as authorized in Government Code Sections 51301 and 55632, on the terms and conditions hereinafter set forth,
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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TABLE OF CONTENTS

SECTION PAGE
A. Term 3
B. Optional Termination 3
C. Regular Services by COUNTY 3
D. Duties of CITY 5
E. Payment 5
F. Notices 7
G. Status of COUNTY 8
H. State Audit 9
I. Alteration of Terms 9
J. Indemnification 9
Signature Page 11
Attachment A: County Billing Policy
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A. TERM:

The term of this Agreement shall be for three (3) years, commencing July 1, 2022 and terminating June 30, 2025 unless earlier terminated by either party in the manner set forth herein.

B. OPTIONAL TERMINATION:

COUNTY or CITY may terminate this Agreement, without cause, upon ninety (90) days written notice to the other party.

C. REGULAR SERVICES BY COUNTY:

1. COUNTY, through its Sheriff-Coroner Department, hereinafter referred to as “SHERIFF”, shall render to CITY enhanced fingerprint examination and related services for criminal investigations as provided in Subsection C-2 and C-3 below. Criminal investigations include, but may not be limited to, homicide, aggravated assault, sexual assault, property crimes, etc. and the services provided by COUNTY pursuant to this Agreement shall be limited to fingerprint examination and related services for said crimes committed within the city limits of CITY. COUNTY shall provide the services described herein for such crimes when requested by CITY’s designated police staff, to the extent that requested services reasonably can be provided by the SHERIFF personnel assigned to provide services he reunder within the working hours specified herein.

2. SHERIFF shall provide all staffing, supervision, management, training, services, supplies and equipment necessary to deliver services as provided in this Agreement. Services will include court testimony b y assigned SHERIFF staff pertaining to the fingerprint examination and related services provided pursuant to this Agreement.
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C. REGULAR SERVICES BY COUNTY: (Continued)

3. SHERIFF shall provide CITY with services as follows:
a. One (1) Lead Forensic Specialist –The Lead Forensic Specialist will be a dedicated position, assigned to CITY’s Police Department casework on a full-time basis to conduct fingerprint examinations, automated Fingerprint Identification System tenprint and latent fingerprint entry and related services that support the operation of CIT Y. Office hours will be eight hours per day Monday through Friday, served at the SHERIFF’s Brad Gates Forensic Science Center, unless a different work schedule is requested by CITY and approved by SHERIFF. “Assignment on a full time basis” means that the assigned COUNTY employee will devote 80 hours per two-week pay period, less paid holidays, vacation, sick leave and other types of short -time paid leave available to said employee pursuant to applicable COUNTY personnel policy, providing services pursuant to this Agreement. If the assigned COUNTY employee takes vacation or other leave for a period in excess of 10 successive working days, SHERIFF shall assign another employee of similar rank and skill level to perform services hereunder for the remainder of the assigned employee’s extended leave.

4. Supplies and Processing
a. COUNTY will provide supplies needed for fingerprint examination and related services conducted by SHERIFF.

Included in the supplies to be provided by COUNTY will be digital media submitted by SHERIFF to the SHERIFF’s photo lab, in conformance with existing SHERIFF’s policies.
b. Digital media supplies for cases investigated by CITY personnel are not included in the services and supplies to be provided by COUNTY pursuant to this Agreement, but may be provided, at the option of the SHERIFF, upon payment by CITY of the full additional costs thereof. 85

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D. DUTIES OF CITY:

1. CITY and its police personnel shall cooperate with and appropriately assist SHERIFF personnel providing services pursuant to this Agreement, so as to further the Parties’ shared goal of ensuring that fingerprint examinations for crimes committed in CITY are conducted accurately, efficiently and in a timely fashion, in accordance with the highest professional standards.

E. PAYMENT:

1. Pursuant to Government Code Section 51350, CITY agrees to pay to COUNTY the costs of the services, equipment and supplies provided by COUNTY pursuant to this Agreement. Said costs include salaries, wages, benefits, mileage, services, supplies, equipment, and divisional, department and COUNTY Overhead.

2. The cost of regular services , equipment and supplies provided by COUNTY for the period from July 1, 2022 through June 30, 2023 shall be as follows:

SERVICE COST OF SERVICE
Personnel Costs:
 One (1) Lead Forensic Specialist $ 198,614
TOTAL COST $ 198,614.

3. COUNTY shall invoice CITY monthly. During the period July 1, 2022 through June 30, 2023 said invoices will require payment by City of one-twelfth (1/12) of the cost for services referenced in paragraph E-2 of this Agreement.

4. a. Each fiscal year, SHERIFF shall submit to CITY , in writing, a recommended level of service and an estimate of the costs to COUNTY of providing said services to CITY in the following fiscal year. Said estimate shall reflect the full anticipated costs to COUNTY of providing said services, equipment and supplies and shall be computed by SHERIFF In accordance with current COUNTY cost data. Within thirty days after receipt of said cost estimate, CITY shall transmit to SHERIFF its written 86

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E. PAYMENT: (Continued)
acceptance or rejection of said estimates. CITY’s Chief of Police is hereby authorized to determine whether to accept or reject said cost estimates. b. If CITY accepts said cost estimate, then SHERIFF or her designee, on behalf of COUNTY , and CITY’s Chief of Police , on behalf of CITY, are authorized to execute a written amendment to this Agreem ent reflecting the service level and CITY’s obligation to pay said cost for the ensuing fiscal year. Said amendment shall not change other terms and conditions of this Agreement, except the service level and cost, unless first approved by COUNTY’s Board o f Supervisors and CITY’s Council. SHERIFF and CITY’s Chief of Police shall cause originals of any amendments to this Agreement that are executed to be filed with COUNTY’s Clerk of the Board of Supervisors and CITY’s Clerk immediately upon execution. c. If the Parties are unable to agree by June 30 of any fiscal year on the level of service to be provided by COUNTY to CITY or on the amount to be paid by CITY for services to be provided by COUNTY for the following fiscal year, this Agreement will terminate as of September 30, of the following fiscal year. The period of July 1 through September 30 , if applicable, provides the Parties up to the date of termination on September 30 to continue contract negotiations. During said period of continuing negotiations July 1 through September 30, COUNTY will provide the level of service provided in the preceding fiscal year, and CITY shall be obligated to pay the cost of such services provided in the prior fiscal year.

The full cost of such services may exc eed the cost of similar services provided in the prior fiscal year.

5. CITY shall pay COUNTY in accordance with COUNTY Board of Supervisors’ approved County Billing Policy, which is attached hereto as Attachment A, and incorporated herein by this reference.
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E. PAYMENT: (Continued)

6. COUNTY shall charge CITY late payment penalties in accordance with COUNTY Board of Supervisors’ approved County Billing Policy.

7. The cost of potential future salary and benefit increases or decreases are not included in the costs set forth in Subsection E-2 of this Agreement. If COUNTY incurs or becomes obligated to pay for any such increases for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, CITY shall pay COUNTY, in addition to the cost of service set forth in Subsection E-2 of this Agreement, the full costs of said increases to the extent such increases are attributable to work performed by such personnel after July 1, 20 22, and CITY’s cost of service hereunder s hall be deemed to have increased accordingly. CITY shall pay COUNTY in full for such increases on a pro -rata basis over the portion of the period between July 1, 2022 and June 30, 2023 remaining after COUNTY notifies CITY that increases are payable.

In the event that salaries and benefits costs for COUNTY employees decrease for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, COUNTY shall notify CITY of decreased cost and bill accordingly.

F. NOTICES:

1. Except for the notices provided for in subparagraph 2 of this paragraph, all notices authorized or required by this Agreement shall be effective when written and deposited in the United States mail, first class postage prepaid and addressed as follows:

CITY: LIEUTENANT - ADMINISTRATION

ORANGE POLICE DEPARTMENT
300 E. CHAPMAN AVE.

ORANGE, CA 92866
88

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F. NOTICES: (Continued)
COUNTY: DIRECTOR

ORANGE COUNTY CRIME LABORATORY

SHERIFF-CORONER DEPARTMENT
320 NORTH FLOWER STREET
SANTA ANA, CA 92703

LAW ENFORCEMENT CONTRACT MANAGER

SHERIFF-CORONER DEPARTMENT

FINANCIAL/ADMINISTRATIVE SERVICES DIVISION
320 NORTH FLOWER STREET, SUITE 108
SANTA ANA, CA 92703
//

2. Termination notices shall be effective when written and deposited in the United States mail, c ertified, return receipt requested and addressed as above.

G. STATUS OF COUNTY:

COUNTY is, and shall at all times be deemed to be, an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this Agreement. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between CITY and COUNTY or any of COUNTY’s agents or employees.

Nothing herein contained shall be construed as creating the relationship of employer, or principal and agent, between COUNTY and any of CITY’s agents or employees. COUNTY and its SHERIFF shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by COUNTY pursuant to this Agreement.

COUNTY, its agents and employees, shall not be entitled to any rights or 89

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G. STATUS OF COUNTY: (Continued)
privileges of CITY employees and shall not be considered in any manner to be CITY employees. CITY, its agents and employees shall not be entitled to any rights or privileges of CO UNTY employees and shall not be considered in any manner to be COUNTY employees.

H. STATE AUDIT:

Pursuant to Government Code Section 8546.7, CITY and COUNTY shall be subject to examination and audit by the State Auditor for a period of three (3) years after final payment by CITY to COUNTY under this Agreement. CITY and COUNTY shall retain all records relating to the performance of this Agreement for said three -year period, except that records pertaining to any audit then in progress, or any claim or litigation shall be retained beyond said three-year period until final resolution of said audit, claim or litigation.

I. ALTERATION OF TERMS:

This Agreement fully expresses all understanding of CITY and COUNTY with respect to this subject matter of this Agreement, and shall constitute the total Agreement between the parties for these purposes. No addition to, or alteration of, the terms of this Agreement shall be valid unless made in writing, formally approved and executed by duly authorized agents of both parties.

J. INDEMNIFICATION:

1. COUNTY, its elected and appointed officials, officers, employees, agents, subcontractors, independent contractors and those special districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board (“COUNTY INDEMNITEES”) shall not be deemed to have assumed any liability for the negligence or any other act or omission of CITY or any of its officers, agents, employees, subcontractors or independent contractors, or for any dangerous or defective condition of any public s treet or work or property of CITY, or for any illegality or unconstitutionality of state statutes or CITY’s 90

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J. INDEMNIFICATION: (Continued)
municipal ordinances. CITY agrees to indemnify, defend with counsel approved in writing by COUNTY, and hold all COUNTY INDEMNITEES harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by City and including those based or asserted upon the condition of any public street or work or property of CITY, or upon the illegality or unconstitutionality of any state statute or municipal ordinance of CITY of which SHERIFF has investigated an alleged or actual violation, or upon any act or omission of CITY, its officers, agents, employees, subcontractors and independent contractors related to this Agreement. If judgment is entered against CITY and COUNTY by a court of competent jurisdiction because of the concurrent activ e negligence of COUNTY or COUNTY INDEMNITEES, CITY and COUNTY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment.

2. COUNTY agrees to defend, indemnify, and hold CITY, and its elected and appointed officials, officers, employees, agents, subcontractors and independent contractors harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by COUNTY pursuant to this agreement. If judgment is entered against COUNTY and CITY by a court of competent jurisdiction because of the concurrent active negligence of CITY, COUNTY and CITY agree that l iability will be apportioned as determined by the court. Neither party shall request a jury apportionment.
//
//
91 92

ATTACHMENT A

COUNTY BILLING POLICY
APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 27, 1992

I. POLICY

All County agencies/departments/districts (County) governed by the Board of Supervisors shall bill contracting entities for materials and/or services pr ovided under contract in accordance with the following standardized billing and collection policy. Billing frequency is dependent on whether the contract is a fixed price or actual cost contract. Payment due date is designed to be both responsive to the County’s cash flow needs and reasonable enough as to not require special processing by the contracting entity. If payments are not received by the required due dates, a late payment fee shall be computed and billed to the contracting entity in accordance with the requirements of this procedure.

Nothing herein shall affect the liability, including pre -judgment interest, of the contracting party for services or materials in as much as this is a policy to enact standard billing practices.

II. DEFINITIONS

A. Contract for the purposes of this policy - A contract is a formal written agreement, a purchase order from the contracting entity, or any other acceptable mutual understanding between the contracting parties.

B. Received by the County - The phrase “received by the County”, as used in Section VI of this policy, refers to the date a payment is received by the County. It is defined as the date the payment is in the County’s possession. It is not the date the payment is posted or deposited by the County.

III. FIXED PRICE CONTRACTS

A. Fixed Price (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a one-time, non -recurring provision of materials and/or services shall be issued no later than five (5) working days after delivery by the County o f the materials and/or services.

Examples of such one -time, non -recurring provision of materials and/or services might be a city contracting with the Sheriff for security service at a parade or sporting event; or, a city purchasing a computer listing cont aining certain city-requested data. Payment due date shall be invoice date plus 30 days.

B. Fixed Price (Ongoing/Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued accord ing to the following frequency:

1. Annual Billings that total $10,000 or less per 12 -month period shall be billed via one (1) annual invoice. Annual invoices will be issued for each 12 -month period of the contract, or portions thereof. Invoices shall be is sued no later than five working days after the beginning of each 12-month period. Payment due date shall be invoice date plus 30 days.

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93 2. Quarterly Billings that are greater than $10,000 but not more than $200,000 per 12 - month period, shall be billed in quarterly installments. Quarterly invoices will be issued representing the contract amount for each 12 -month period of the contract, or portions thereof, prorated into four (4) installments. Invoices shall be issued no later than 30 days after the beginning of each quarter. Payment due date shall be 60 days after the beginning of each calendar quarter.

3. Monthly Billings that are greater than $200,000 per 12 -month period shall be billed in monthly installments. Monthly invoices will be issued r epresenting the contract amount for each 12-month period of the contract, or portions thereof, prorated into 12 installments. Invoices shall be issued on or before the first day of each service month. Payment due date shall be 30 days after the beginning of each service month.

An example of a fixed price contract for ongoing, recurring provision of materials and/or services might be a city contracting with the Sheriff for law enforcement services.

IV. ACTUAL COST CONTRACTS

A. Actual Cost (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a one-time, non -recurring provision of materials and/or services shall be issued after delivery by the County of the materials and/or services and no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days.

B. Actual Cost (Ongoing/Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued on a monthly basis and shall repre sent the cost of materials and/or services provided to the contracting entity during the previous calendar month. Such invoices shall be issued no later than 15 days after the close of the monthly billing period. If the County agency/department/district does not utilize a monthly billing cycle, the invoice shall be issued no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days.

Examples of actual cost contracts for the ongoing, recurring provision o f materials and/or services might be a city contracting with the County for communications equipment repair or waste disposal at a County landfill.

V. PAYMENT DUE DATES

Notwithstanding the provisions of Sections II and III above, payment due date shall b e at least invoice date plus 30 days. If the County is late in issuing an invoice, the contracting entity would always have at least invoice date plus 30 days to pay. If the County is early in issuing an invoice, the contracting entity would still have a payment due date of either 60 days after the beginning of the quarter (quarterly invoices) or 30 days after the beginning of the service month (monthly invoices).

(EXAMPLES: An invoice for October service, dated and issued October 8 (late) would have a payment due date of November 7. An invoice for August service, dated and issued July 20 (early) would have a payment due date of August 30.)

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94 VI. LATE CHARGES

The late payment of any invoiced amount by a contracting entity will cause the Co unty to incur costs not contemplated by the County/contracting entity agreement, the exact amount of such cost will be extremely difficult to ascertain. Such costs include, but are not limited to, costs such as administrative follow -up and processing of d elinquent notices, increased accounting costs, etc.

Late charges will be assessed in the following situations:

 Over-the-counter payments will be assessed a late charge if any payment is not received by the County by the payment due date.

 Payments transm itted to the County via the U.S. Mail that have the payer’s postage meter mark will be assessed a late charge if any payment is not received by the County by the payment due date plus one day.

 Payments transmitted to the County via the U.S. Mail that have a U.S. Post Office postmark dated after the payment due date will be assessed a late charge.

The late charge assessed in each of these situations shall be three -quarters of one percent (0.75%) of the payment due and unpaid plus $100.00 for late payments made within 30 days of the payment due date. An additional charge of three -quarters of one percent (0.75%) of said payment shall be added for each additional 30 -day period that the payment remains unpaid. Late charges shall be added to the payment and in voiced to the contracting entity in accordance with this policy.

VII. COLLECTIONS

Any invoice remaining unpaid 90 days after the invoice date shall be referred to the Auditor - Controller for subsequent collection action, such as deduction from contracting entity moneys on deposit with the County Treasurer in accordance with Government Code Section 907 and any other applicable provision of law. Non -payment of invoices and applicable late charges will constitute a breach of contract for which the County ret ains all legal remedies including termination of the contract.

VIII. DISCOUNT FOR EARLY PAYMENT

Any payment received by the County from a contracting entity 20 days or more before the payment due date shall be entitled to a discount of one -quarter of one percent (0.25%). If the contracting entity takes a discount, and the payment is received by the County less than 20 days before the payment due date, County staff shall immediately notify the contracting entity by telephone that the discount should not have been taken and that the balance is due by the original payment due date.

If the balance is not received by the County in accordance with the dates as specified in Section VII, applicable late charges shall be calculated on the balance due.

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95 IX. DEFERRED REVENUE

At fiscal year end, any portion of revenue invoiced (not necessarily received) during the fiscal year being closed out that represents charges or prepayment for materials and/or services for the upcoming fiscal year shall be rec lassified from a revenue account to a deferred revenue account (liability). In the new fiscal year the deferred revenue shall be reclassified to a revenue account. (EXAMPLE: On June 1, 19X1, a city is invoiced $48,000 which represents charges for the 12 -month period June 1, 19X1 to May 31, 19X2. The amount to be reclassified to deferred revenue would be $44,000, representing 11/12ths of the total amount. In July 19X1, the $44,000 would be reclassified to revenue.) Reclassification entries shall be mad e by Auditor -Controller Agency Accounting units, or for those agencies/departments/districts without such a unit, the agency/department/district shall notify the Auditor-Controller of the amounts to be reclassified.

X. COST RECOVERY

All County agencies/d epartment/districts shall include all costs of providing contracted services in contract rates. Including all direct costs, allocated indirect costs such as departmental and County (CWCAP) overhead, and cost of capital financing.

XI. EXISTING CONTRACTS

Billing terms and provisions contained in existing contracting entity agreements (existing as of the date this policy is approved by the Board of Supervisors) shall remain in effect for the life of the contract. However, when these existing contracts are renegotiated, they shall contain the billing provisions as set forth in this policy.

XII. DEVIATIONS FROM POLICY

Deviations from this policy shall be approved by the Board of Supervisors. Proposed deviations by agencies/departments/districts shall be su bmitted to the CEO for concurrence in advance of filing an Agenda Item Transmittal (AIT) with the Clerk of the Board. The CEO, or his/her designee, shall advise the agency/department/district of approval or disapproval of the proposed deviations. If a Co unty agency/department/district submits a contract to the Board of Supervisors for approval, and the billing provisions in the contract deviate from this policy, the agency/department/district shall specifically advise the Board of Supervisors in the AIT o f the deviation, the reason for the deviation, and of the CEO’s recommendation relative thereto.

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96 Agenda Item
City Council
Item #: 3.7. 4/12/2022 File #: 22-0220
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Agreement with N. Harris Computer Corporation for the support and maintenance of current software used with the Utility Billing and Water Division’s mobile work order system.

2. SUMMARY
The Finance Department's Utility Billing Division has contracted with N. Harris Computer Corporation for over 15 years. They have proven to meet the City's needs. Staff recommends approving a new five-year maintenance agreement from April 1, 2022 through March 31, 2027 to continue contracting with this provider.

3. RECOMMENDED ACTION
Approve the five-year agreement with N. Harris Computer Corporation in the amount of $508,914 for Utility Billing Software maintenance; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for the five-year agreement is $508,914, with the first year’sexpenditure total being $95,856, and will be funded through Water Fund (600).

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.
b: Effectively manage and develop City assets.

6. DISCUSSION AND BACKGROUND
During the last fifteen years, the City's Utility Billing Division has contracted with N. Harris Computer Corporation (Harris) for all utility billing applications, including the purchase of a major upgrade to their software five years ago. They have provided a quality utility billing software program that has met the needs of our customers and City staff. We have integrated this program with the Water Field Crew's handheld meter reading devices.

In September of 2016, Council approved the purchase of an upgrade from Public Utility Billing Software (PUBS) to Northstar 6.4.10. Included in the upgrade was Harris' Automation Platform which assisted in streamlining daily processes. It is designed to run daily processes such as posting payments or uploading reads. It performs tasks based on a criteria of events, which reduced the City of Orange Printed on 4/7/2022Page 1 of 2
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97 Item #: 3.7. 4/12/2022 File #: 22-0220
payments or uploading reads. It performs tasks based on a criteria of events, which reduced the amount of manual labor involved and ensured more accuracy with the data and processes. The Automation Platform assisted in freeing up resources that enabled staff to provide better customer service and increased productivity. In addition, the updated version of the report writer was embedded in the program and provided more ease in querying data and creating reports.

The upgrade included moving to a new server with Structured Query Language (SQL), which is a widely used language for software. Many other software platforms throughout the City are SQL- based, which allowed us to leverage our SQL Enterprise licensing, saving on database maintenance costs.

Finally, Harris has partner companies that are integrated with the current software that provide extra services. We currently have a website and a phone system that provide our customers options to pay or view their utility bill. Harris also provides a work order system for our field crew to electronically create and complete work orders for services rendered including meter leaks, change-outs, water audits, turn-on, and turn-off requests.

7. ATTACHMENTS
· Professional Services Agreement
City of Orange Printed on 4/7/2022Page 2 of 2
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98 Agenda Item
City Council
Item #: 3.7. 4/12/2022 File #: 22-0220
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Agreement with N. Harris Computer Corporation for the support and maintenance of current software used with the Utility Billing and Water divisions’ mobile work order system.

4. FISCAL IMPACT
The total expenditure for the five-year agreement is $508,914, with the first year’sexpenditure total being $95,856, and will be funded through Water Fund (600).

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.
b: Effectively manage and develop City assets.

In September of 2016, Council approved the purchase of an upgrade from Public Utility Billing Software (PUBS) to Northstar 6.4.10. Included in the upgrade was Harris' Automation Platform which assisted in streamlining daily processes. It is designed to run daily processes such as posting payments or uploading reads. It performs tasks based on a criteria of events, which reduced the City of Orange Printed on 4/7/2022Page 1 of 2
powered by Legistar™
99 Item #: 3.7. 4/12/2022 File #: 22-0220
payments or uploading reads. It performs tasks based on a criteria of events, which reduced the amount of manual labor involved and ensured more accuracy with the data and processes. The Automation Platform assisted in freeing up resources that enabled staff to provide better customer service and increased productivity. In addition, the updated version of the report writer was embedded in the program and provided more ease in querying data and creating reports.

7. ATTACHMENTS
· Professional Services Agreement
City of Orange Printed on 4/7/2022Page 2 of 2
powered by Legistar™
100

PROFESSIONAL SERVICES AGREEMENT
[Support and Maintenance Services]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of ____________, 20 22 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and N. HARRIS COMPUTER CORPORATION, a corporation incorporated under the laws of the Province of Ontario, Canada , who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. As a material inducement to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are the subject of t his Agreement are not in the usual course of City’s business and City relies on Contractor’s representation that it is independently engaged in the business of providing such services and is experienced in performing the work.

Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity provided such services to a municipal agency. All services provided shall conform to all federal, state and l ocal laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.

Jamey Taulbee, Finance Manager (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of City’s Project Manager (or his/her designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.

2. Total Compensation, Annual Compensation and Fee Schedule.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed FIVE HUNDRED EIGHT THOUSAND NINE HUNDRED THIRTEEN DOLLARS and 74/100 ($508,913.74) without the prior written authorization of City.

b. The compensation for services performed under this Agreement shall be paid as specified in Exhibit “A”

c. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.

101
2 3. Payment.

a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.

b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent, and any extra work performed.

c. City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice.

d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

5. 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 Agreement and that Contractor and its subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement.

6. Independent Contractor . At all times during the term of this Agreement, 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 Agreement. City shall not have the right to control the means by w hich Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Contracto r 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 it 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.

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3 7. Contractor Not Agent . 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.

8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement.

It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.

9. Assignment or Subcontracting. No assignment or subcontracting by Contractor of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or his/her designee.

10. Term. The term of this Agreement shall be for five (5) years, commencing on April 1, 2022, and ending on March 31, 2027.

11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.

12. Reserved

13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to th e length of the delay outside Contractor’s control. If Contractor believes that delays caused by City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above, absent a written amendment to this Agreement.

15. Equal Employment Opportunity . During the performance of this Agreement, Contractor agrees as follows:

a. Contractor shall not discri minate 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, 103
4 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.

b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all q ualified 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.

16. Conflicts of Interest. Contractor agre es that it shall not make, participate in the making, or in any way attempt to use its position as a consultant 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.

17. Indemnity.

a. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:

(1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contracto r’s subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and

(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay 104
5 or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.

b. To the fullest extent permitted by law, and as limited by California Civil Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liabili ty arising out of any claim, loss, injury to or death of persons or damage to property to the extent caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.

c. Except for the Indemnite es, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement.

d. The indemnities set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.

18. Insurance.

a. Contractor shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any workers’ compensation benefits under any City program.

b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ( $1,000,000) per occurrence; or (2) al l the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.

c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($ 1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover b odily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis.

d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are appli cable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement.

e. Each policy of general liability and aut omotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. 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 105
6 that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. 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 Agreement.

g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.

Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.

h. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.

i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies 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. In the case of professional liability insurance coverage, such coverage shall be iss ued by companies either licensed or admitted to conduct business in California so long as such insurer possesses the aforementioned Best rating.

j Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement 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.

k. 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.

l. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for 106
7 review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.

20. 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 Agreement.

City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to 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.

21. Compliance with all Laws/Immigration Laws.

a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.

b. If the work provided for in this Agreement constitutes a “public works,” 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 it, and any subcontractor under it, shall pay not less than the specified prevailing rat es 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.

c. Contractor represents and warrants that Contractor:

107
8 (2) Has not and will not kno wingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and

(3) Has properly maintained, and shall at all times during the term of this Agreement 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 Agreement respon d, in a timely fashion to any government inspection requests relating to immigration 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.

d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.b.

e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement 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, Contract or may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.

f. Contractor shall require all subcontractors or sub -consultants to make the same verification as set forth in Subsection 21.d.

g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City.

h. Contractor agrees to indemnify and hold City, its officers, officials, agents 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 Agreement.

23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any wo rk performed 108
9 which is inconsistent with or in violation of the provisions of this Agreement shall not be compensated.

24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally, by e -mail, or by first class U.S. 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”

N. Harris Computer Corporation City of Orange
1 Anatares Drive, Suite 400 300 E. Chapman Avenue
Ottawa, ON K2E 8C4 Orange, CA 92866-1591
Attn.: Attn.: Jamey Taulbee

Telephone: Telephone: 714-744-2244
E-Mail: E-Mail: [email protected]

[Remainder of page intentionally left blank; signatures on next page]

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10 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.

“CONTRACTOR” “CITY”

N. HARRIS COMPUTER CORPORATION CITY OF ORANGE, a municipal corporation

*By: By:

Printed Name: Mark A. Murphy, Mayor
Title:

*By:

Printed Name:

Title: ATTEST:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary Binning, Senior Assistant City Attorney

*NOTE: City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to City.
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11 EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]

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2022-2027 Year Maintenance Agreement Schedule - City of Orange, CA

Pricing is contingent on a 5-year fixed term by all parties. City of Orange cannot terminate the maintenance within the 5-year term. The fixed 5-year term has been mutually accepted by both parties.

Maintenance noted above is as at date of agreement. Additional maintenance can be added to this agreement at any time.

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STANDARD GUIDELINES

NORTHSTAR TEAM SUPPORT ACCESS 24/7

The NorthStar Team Support Customer HUB allows our customers to:
o Open new tickets
o View open/closed tickets for your organization
o Post Screen Recordings and Video Recordings to tickets o View Knowledge Base Articles
o View Product Information
o Report on Ticket Metrics
o Find out the latest NorthStar News; Events; Product Releases

SOFTWARE FOR LIFE
o Support on existing applications for life
▪ Products reach the end of their product life cycle for a number of reasons.

These reasons include market demands, technology innovation and development driving changes, or the products simply mature over time and are replaced by functionally richer technology. If NorthStar determines a product to be end of support we will ensure the existing product software license grants access to new platforms within the same product class.

o Cost effective upgrade solutions

SCHEDULED ASSISTANCE FOR UPDATES DURING REGULAR BUSINESS HOURS o Additional charges apply outside of regular business hours. o Charges may apply depending on scope of work.

TECHNICAL TROUBLESHOOTING & ISSUE RESOLUTION

STANDARD SOFTWARE RELEASES AND UPDATES
o Defect corrections
o Planned enhancements
o Payroll regulated changes (additional charges may apply) o Participation in BETA program
o Release notes
o State, Province and/or Federal mandated changes (additional charges apply) 113

CUSTOMER CARE PROGRAM
o Technical Support Bulletins
o Communication on new products and services
o Dedicated Customer Support Account Lead as first point of contact as required

OTHER
o Participation in Regional User Group Meetings
o Participation in NorthStar Webinars
o Opportunity to take part in validation and focus groups o Opportunity to take part in Harris Annual Customer Conference

NORTHSTAR TICKET PRIORITIES:

In an effort to assign our resources to incoming tickets as effectively as possible, NorthStar has identified four types of ticket priorities P0, P1, P2 and P3.

PRIORITY 0 - PRODUCTION DOWN
Deemed by NorthStar Team to be Extremely High Priority (Production Only) Production Down
Complete loss of service

PRIORITY 1 - BUSINESS CRITICAL
Deemed by NorthStar Team to be of high priority as NO workaround exists Performance issue impacting critical processes
No workaround exists
Examples: Inability to create bills

PRIORITY 2 - MEDIUM TO HIGH BUSINESS IMPACT
Deemed by NorthStar Team to be important; however, workarounds are available State of Degraded Performance
Workaround exists.

Examples: usability issues; non-critical performance issue; calculation issues

PRIORITY 3 - MINIMAL BUSINESS IMPACT/REQUESTS
Deemed by NorthStar Team to be more general/cosmetic in nature OR Scheduled 114

Minimal Business Impact
General Product Issues/Questions/Aesthetic Issues/Formatting Issues/Questions on Documentation Enhancement Requests/Requests for Statement of Work/To be Scheduled items

**NorthStar reserves the right to reclassify the priority level at any time if we reasonably believe the classification is incorrect. **

CONNECTION METHODS
To ensure we can effectively support our clients, we require that a communication link is established and maintained between our two sites. It is the Organization’s responsibility to ensure the connection is valid at your location so that we can connect to your site and resolve any issues.

Our preferred method of connection is through Remote Desktop which can be accomplished using a VPN account and the MS Windows Remote Desktop client or a variety of remote connection tools (logmein.com, TeamViewer, join.me, VNC, etc). NorthStar will work with the client to establish a mutually agreeable remote connection policy.

THIRD PARTY SUPPORT
Standard Third-Party Support and Maintenance Services
For those clients with maintenance on 3rd party products, NorthStar will provide support as described below. NorthStar provides 1st line support for all 3rd party products listed below and will escalate to the vendor if required. Please note that 3rd party installations & preventative maintenance services are not included as part of your maintenance unless otherwise indicated below.

Microsoft SQL Server*
-Initial SQL Server installation & configuration
-Establish database connections to NorthStar database
-Limited troubleshooting and/or repair of database related issues

4Js (3rd Party graphical user interface (GUI) software) -Entitlement to new GUI software releases
-Installation and configuration for test and live NorthStar environments -Limited troubleshooting and/or repair of database related issues

BitStew (As part of the Customer Connect web portal)

-Installation & configuration for test and live Customer Connect environments

Cognos (as part of the Reports Anywhere reporting solutions)

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-Initial installation & configuration of Cognos for use with Reports Anywhere -Set up of Cognos license/establishment of connections with the NorthStar software -Limited assistance in utilizing embedded report writer functionality. -Updates to Cognos data model which reflect changes in NorthStar database schema due to upgrades.
-Limited assistance in locating information within the Cognos data model -Assistance with existing reports

*NorthStar recommends Microsoft SQL Server and supports Microsoft supported versions of the SQL database. Those versions of SQL Server that are no longer supported by Microsoft should no longer be considered supported by NorthStar.

BILLABLE 3RD PARTY SERVICES
• Upgrades and installations (other than at time of initial purchase) • Cognos upgrades & installations (other than at time of initial purchase) • Report Writer training, creation and modification of reports.

NORTHSTAR BILLABLE SUPPORT SERVICES
Out of Scope of Annual Support and Maintenance Agreement This list is not exhaustive and serves as a representation of what our team can offer as a billable service.

• Training
• Project Management
• Form Creation/Redesign
• Handheld interface of new interface; setups & changes • Setup of new services or changes to services (PAP, ACH, etc) • File imports/exports – Interfaces to other applications • Refresh backups; Restores; Setting up test areas
• Setup of new printers; printer setup changes
• Custom modifications (reports bills, forms, reversal of customizations) • Setting up additional Companies/Agencies/Tokens/General Ledgers • Data conversions/global modification to setup table data • Database maintenance; repairs & optimization (unless specifically included as a line item on your support contract).
• Extended Hardware & Operating System Support
• Upgrades and Support of third-party software
• Installations/re-installations (workstations, servers) • Creation of Test Databases/Environments

**Modifications to data in the NorthStar database via non-sanctioned NorthStar solutions or partner solutions are strictly prohibited and not supported**

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TEST DATABASES & ENVIRONMENTS
NorthStar recommends that all customers maintain an independent Test Environment for testing purposes. This allows customers the opportunity to test fixes; modifications; new business processes and/or scenarios without risking any potentially unwanted changes to the live environment. The creation of Test Databases & Environments is a billable service.

RATES
Rates are subject to change on an annual basis. Quotations will be provided for all billable services.

RESPONSE TIME
Response times will vary and are dependent on the priority of the call. We do our best to ensure that we deal with incoming cases in the order that they are received; however, cases will be escalated based on the urgency of the issue reported.

Our response times are as follows:

Priority 0 Response within 2 business hours
Priority 1 Response within 4 business hours
Priority 2 Response within 8 business hours
Priority 3 Response within 24 hours

HELP DESK HOURS
Our standard hours of support are from 8:00 am ET to 8:00 pm ET Monday through Friday excluding designated statutory holidays.

Support is available outside of regular business hours and is billable on an hourly basis (minimum number of hours will apply).

Weekend assistance is available and must be scheduled in advance (and is billable on an hourly basis with a minimum number of hours that apply).

HOLIDAY SCHEDULE
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Below is a listing of Canadian and US Statutory Holidays. Please note that NorthStar Support Services will be closed on designated days as outlined below. Support will be available on all Canadian Holidays when there is no US corresponding statutory holiday.

New Year’s Eve Early Closure
New Year’s Day Closed
Labor Day Closed
Christmas Eve Early Closure
Christmas Day Closed
Boxing Day Early Closure

HOW TO CONTACT US:

Existing customers can login to our Customer Hub at:
https://northstarutilitiessolutions.na2.teamsupport.com/login/user

CONTACT INFORMATION FOR ESCALATED ISSUES
Dawn Ivanochko
Director, Support Services
1-888-847-7747 X2032
[email protected]

Diane Vieson
Manager, Support Services
1-888-847-7747 X2012
[email protected]

Jackie Hunter
Manager, Support Services
1-888-847-7747 X2038
[email protected]

Karen McKernan
Vice President, Support Services
1-888-847-7747 X2744
[email protected]

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119
Agenda Item
City Council
Item #: 3.8. 4/12/2022 File #: 22-0199
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with Data Ticket, Inc. for continued parking permit and citation processing services.

2. SUMMARY
The agreement with Data Ticket, Inc. will maintain current parking permit and citation processing services through June 30, 2025. The agreement includes automatic one-year renewals at the conclusion of the scheduled term.

3. RECOMMENDED ACTION
Approve the agreement with Data Ticket, Inc. for parking permit and citation processing services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
Revenue from the collection of citations will offset the cost of Data Ticket’sdata citation processing fee, regulated vehicle fees paid to the County of Orange, bank processing fees, miscellaneous refunds/NSF fees, and other expenditures as approved in advance by the project manager.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

6. DISCUSSION AND BACKGROUND
Over the past few years, the City has contracted with Data Ticket, Inc. (DTI) for parking permit and citation processing services. Council approved the original agreement in August 2017, following the close of Request for Proposal (RFP 167-36). The results of the 2017 bid process yielded DTI as the top ranked firm who was extended a three-year agreement with the option to extend for an additional two years. In 2020, Council approved the First Amendment to Agreement 6504, extending the contract term for an additional two years through June 30, 2022, requiring a new agreement for these services.

DTI has been providing parking citation processing for over 30 years and permit solutions for the past 10 years. DTI relocated from Newport Beach to Irvine in 2017 and processes citations for over 400 clients across the United States. The industry knowledge they possess allows them to understand City of Orange Printed on 4/7/2022Page 1 of 2
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Item #: 3.8. 4/12/2022 File #: 22-0199
clients across the United States. The industry knowledge they possess allows them to understand the relationship between the City and Chapman University, provide a web-based citation and records management system, and provide payment collection services tailored to meet our needs.

The current scope of work includes a web-based system with an auto payment system, manual and electronic parking citation processing, permit fulfillment, courtesy notices, out-of-state collections, delinquent collections, appeals, hearings, joint/escrow bank services, and refunds.

Currently, DTI processes an average of 25,570 parking citations, 2,200 parking permits (renewal years), and 127 parking permits (non-renewal years) per fiscal year. Parking citations are managed online through DTI’sparking management system. Citations can be mailed to the collection center or paid online. DTI’sparking permit management program is designed to allow residents to apply for and purchase permits online. The system allows for annual permit renewals and is cloud-based with a “self-service”ability. Applicants can register for an account and upload documents for approval by the City or Data Ticket. The permit management system is scalable and designed to handle multiple permit types. Residents can also apply/renew parking permits at the Police Department front counter.

Other permits managed at the Police Department include business and landlord parking permits.

DTI manages the revenue and expenditures related to the scope of work; the account is reconciled monthly with net proceeds paid to the City. Revenue sources include the Department of Motor Vehicles, the Franchise Tax Board, and Data Ticket. Allowable expenditures include DTI processing fees, maintenance of handheld citation writers, regulated vehicles fees paid to the County of Orange, bank processing fees, miscellaneous refunds/NSF fees, and other expenditures as approved in advance by the City’s project manager.

The agreement is for continued parking permit and citation processing services through June 30, 2025, with automatic one-year renewals at the conclusion of the scheduled term. The agreement provides an option to terminate with no less than 90 days written notice. In conjunction with automatic renewals, DTI may give notice of reasonable price adjustments for its processing services. If price adjustments are not approved, the department will have 30 days to respond in writing rejecting said price adjustments.

The Police Department is recommending an agreement with DTI for continued parking permit and citation processing services through June 30, 2025, and automatic annual renewals thereafter.

7. ATTACHMENTS
· Professional Services Agreement with DTI
City of Orange Printed on 4/7/2022Page 2 of 2
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Agenda Item
City Council
Item #: 3.8. 4/12/2022 File #: 22-0199
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with Data Ticket, Inc. for continued parking permit and citation processing services.

3. RECOMMENDED ACTION
Approve the agreement with Data Ticket, Inc. for parking permit and citation processing services; and authorize the Mayor and City Clerk to execute on behalf of the City.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

DTI has been providing parking citation processing for over 30 years and permit solutions for the past 10 years. DTI relocated from Newport Beach to Irvine in 2017 and processes citations for over 400 clients across the United States. The industry knowledge they possess allows them to understand City of Orange Printed on 4/7/2022Page 1 of 2
powered by Legistar™
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Item #: 3.8. 4/12/2022 File #: 22-0199
clients across the United States. The industry knowledge they possess allows them to understand the relationship between the City and Chapman University, provide a web-based citation and records management system, and provide payment collection services tailored to meet our needs.

Other permits managed at the Police Department include business and landlord parking permits.

The Police Department is recommending an agreement with DTI for continued parking permit and citation processing services through June 30, 2025, and automatic annual renewals thereafter.

7. ATTACHMENTS
· Professional Services Agreement with DTI
City of Orange Printed on 4/7/2022Page 2 of 2
powered by Legistar™
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PROFESSIONAL SERVICES AGREEMENT
[Parking Permit & Citation Processing Services]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of ____________, 2022 (herein referred to as the “Effective Date”) by and between the CITY OF ORANGE, a munic ipal corporation (“City”), and DATA TICKET, INC., a California corporation ("Consultant"), who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. As a material inducement to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are the subject of this Agreement are not in the usual course of City’s business and City relies on Contractor’s representation that it is independently engaged in the busi ness of providing such services and is experienced in performing the work.

Contractor shall perform all services in a manner reason ably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity provid ing such services to a municipal agency. All services provided shall conform to all federal, state and local laws, rules and regula tions and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.

Lieutenant Mike Monjaraz (the “City’s Project Manager”), shall b e the person to whom the Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the City’s Project Manager (or his/her designee), that Contractor shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the City’s Project Manager and the City Manager.

2. Compensation and Fees.

This is a self -funded revenue neutral agreement. No separate compensation is required.

Compensation will be paid as described in Section 3. Fees and costs are further described in Exhibit “A.”

3. Payment.

a. City and Contractor shall operate a joint/escrow account to establish the management of revenue and expenditures related to the Agreement. The account will be reconciled on a monthly basis with net proceeds paid to the City.

b. Allowable expenditures from this account may include Contractor’s data citation processing fee, regulated vehicle fees paid to the County of Orange, bank processing fees, 124
2 miscellaneous refunds/NSF fees and other expenditures as approved in advance by the City’s Project Manager.

4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by the City as an amendment to this Agreement. All amendments shall set forth the changes of work, extension of time, and/or adjustment of the compensation to be paid by City to Contractor and shall be signed by the City’s Project Manager, City Manager or City Council, as applicable.

5. 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 Agreement and that Contractor and its subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement.

Contractor acknowledges that it 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.

7. Contractor Not Agent. 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.

8. Designated Persons . Except as otherwise authorized by the City’s Project Manager, only those persons designated in the Scope of Services, if any, shall perform work provided for under t his Agreement. It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.

9. Assignment or Subcontracting. No assignment or subcontracting by Contractor of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has had the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such a ssignment or subcontracting may be approved by the City Manager or his designee. 125
3 10. Reserved.

11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.

12. Reserved.

13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control, other than those delays that are caused by the City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement.

15. Equal Employment Opportunity . During the performance of this Agreement, 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.

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 for employment without regard to race, color, religion, sex, nati onal 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 Agreement, provided that the foreg oing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

126
4 16. 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 consultant 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.

17. Indemnity.

(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.

b. To the fullest extent permitted by law, and as limited by California Civil Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property to t he extent caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.

c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any th ird party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement.

d. The indemnities set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.

127
5 18. Insurance.

a. Contractor shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any workers’ compensation benefits under any City program.

b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ($ 1,000,000) per occurrence; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.

c. Contractor shall maintain during the life of this Agreement, the fo llowing minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($ 1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bod ily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis.

d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applica ble to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement.

e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. 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 covera ge required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.

g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.

Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.

h. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, 128
6 evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.

i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies 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. In the case of professional liability insurance coverage, such coverage shall be is sued by companies either licensed or admitted to conduct business in California so long as such insurer possesses the aforementioned Best rating.

j Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement 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.

k. 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.

19. Term and Termination.

a. Term. Except as otherwise provided herein, this Agreement shall remain in effect unless terminated by the City as provided below, for a term commencing on July 1, 2022 and ending on June 30, 202 5. This agreement shall automatically renew for additional one -year periods at the conclusion of the scheduled term.

b. Termination. The City may for any reason terminate this Agreement by giving the Contractor not less than ninety (90) days’ written notice of intent to terminate. Upon receipt of such notice, the Contractor shall immediately cease work, unless the notice from the City provides otherwise. Upon the termination of this Agreement, Contractor shall within ninety (90) days reconcile the Account and remit to City all remaining funds. The City shall not be liable for any claim of lost profits.

20. 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 129
7 “records”) pertaining to the costs of and completion of services performed under this Agreement.

City and its authorized represent atives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to 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.

21. Compliance with all Laws/Immigration Laws.

a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.

b. If the work provided for in this Agreement constitutes a “public works,” 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 it, and any subcontractor under it, shall pay not less than the specified prevailing ra tes of wages to all such workers . The general prevailing wage determinations for c rafts can be located on the web site 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.

c. Contractor represents and warrants that it:

(2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and

(4) Has responded, and shall at all times duri ng the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration 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.

d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c. 130
8 e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement 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 Agreement without written notice to City, accompanied by the verification required herein for such employees.

f. Contractor shall require all subcontractors or sub -consultants to make the same verification as set forth in Subsection 21.e.

g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City.

h. Contractor agrees to indemnify and hold City, its officers, officials, agents 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 Agreement.

22. Governing Law and Venue . This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arisin g under this Agreement shall be in Orange County, California.

24. Notice. Except as otherwise provided herein, all not ices required under this Agreement shall be in writing and delivered personally, by e -mail, or by first class U.S. 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”

Data Ticket, Inc. City of Orange
2603 Main Street, Suite 300 300 E. Chapman Avenue
Irvine, CA 92614 Orange, CA 92866-1591
Attn.: Brook Westcott Attn.: Lieutenant Mike Monjaraz

Telephone No.: 949-752-6937, ext. 337 Telephone No.: 714-744-7468 E-Mail Address: [email protected] E-Mail Address: [email protected] 131
9 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.

“CONTRACTOR” “CITY”

DATA TICKET, INC., a California corporation CITY OF ORANGE, a municipal corporation

*By: By:

Printed Name: Mark A. Murphy, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney

*NOTE: The City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 132
10 EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]

133
Cost Proposal:

To provide complete transparency into the seNices Data Ticket offers and the costs associated with those services, we have provided a detailed description on the following pages of each service proposed.

Below and on the following pages we have provided a detailed description of the services offered by Data Ticket. Some of these services are marked as "Optional" as the City may choose to use them or not.
lnitial Setup Costs $0.00
Manual Parking Citation Processing: $0.50
Services for the abovementioned items include:
. On-site data entry of manually written citations performed within 48 hours of receipt . On-site quality assurance verification of manually entered citations . Scanning of all manually written citations onto our network for storage and ease of retrieval
. Bi-monthly shredding of manually written citations
Electronic Parking Citauon Processing: $0.40
Servrces for lhe above-mentioned items include:
. Automated citation transmission into Data Ticket's Citation Management Solution 24n
r Automated confirmation email detailing successfully transmitted citations . Automated transmission of photos atlached to citations Courtesy Notice: $0'75
Services for the above-mentioned ilem include:
. Semi-custom Courtesy Notice that is printed on aa I y. x 1 1" piece of paper with a perforated tear-of payment stub provided in a window envelope sent to the registered owner of a vehicle
. All notices are attached to the citation online and are viewable via the web . All notices sent via lsrClass Mail
. All notices include a return envelope in which the responsible party may submit payment
. This charge is only incurred if the individual does not pay off the windshield and a notice is sent to the individual as a result
Data Ticket, lnc.

Newport Beach, CA
O: 949 752-6937; F: 949 752€033
City of Orange
Request for Proposals
Parking Permit and Citation Processing Services
Out-of-State Collections: 23% of revenue collected
. This fee will cover all expenses associated with obtaining out-of-state registered owner information and will only be due when a citation is paid . Data Ticket is a recognized Strategic Partner with NLETS and we are currently utilizing the City's and our ORI
. This fie is not combined with any other contingency fee. For example' if a citation is rolled to a delinquent status, only 23% of revenue collected will be charged . lf Data Ticket does not collect on a citation that is issued to an out of state plate, the City does not owe this fee.
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134
Delinquent Collections (Optional): 23% of revenue collected . This fee will be assessed when a citation is ninety (90) days past the citation issue date, assuming a first notice has been sent to the registered owner and the citation is not on hold for any reason
. Three Delinquent Notices will be sent to the registered owner at no cost to the City . All notices are sent via First Class mail and all notices are printed on an I Tz x 11" sheet of paper and folded into a window envelope; in addition, a window envelope is provided for the recipient to return payment
r All notices are attached to the citation online and are viewable via the web . lf Data Ticket does not collect on a citation that is delinquent, the Agency does not owe this fee
. Notices will be sent via 1't Class Mail, and Data Ticket will be responsible for the cost incurred and all customer service and payment entry
. lf the City prefers to continue with its current processing timeline and not use Delinquent Collections, we have provided a cost of $0.72 per notice for each 2nd notice sent.

Franchise Tax Board Processing
SSN Look-up: $2.00 Per SSN
. This fee will be assessed to lookup a social security number associated with a particular registered owner and address
o This charge is charged per unique SSN, not per citation FTB Collections: 15% of revenue collected
. This fee is charged if a citation is paid at the Franchise Tax Board . This charge is not combined with any other charge; for example, if a citation is rolled to delinquent status and paid at FTB, only the 15% of revenue collected will be charged
o Data Ticket will send an FTB Notice to the Customer as required by the lnteragency lntercept Program; this notice will be sent via 16t Class Mail and will be sent at no cost to the CitY
o All notices are attached to the citation online and are viewable via the web o Data Ticket will pay for the Agency's cost to participate in the FTB program; annually, FTB will send an invoice to the Agency for the number of debts placed at FTB; thl Agency will simpty provide this invoice to Data Ticket and Data Ticket will pay it in full
. lf Data Ticket does not collect on a citation that is at FTB, the Agency does not owe the collection fee
Data Ticket, lnc.

Newport Beach, CA
O: 949 752-6937; F: 949 752-6033
City of Orange
Request for Proposals
Parking Permit and Citation Processing Services
Adjudication:
f J.ievet Hold & Scanning of Review Request (Optional) $0.50 per citation . Data Ticket will review all documentation received by the Appellant and determine whether the request received within the required timeframe o lf the request was received within the required timeframe, Data Ticket's Adjudication Department will place the citation on an Administrative Review Request Hold and scan all received documentation into the citation Management solution where it is displayed on the web for the Agency's Staff
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135
Data Ticket, lnc. City of Orange
Newport Beach, CA Request for Proposals
O: 949 752-6937; F; 949 752-6033 Parking Permit and Citation Processing Services lf the request is received outside the requlred timeframe, the Agency will have the option to proceed as though the request was received within the timeframe or it may elect to have Data Ticket send a "time expired letted rejecting the appeal Disposition and Schedule Letters $0.80 per letter
. Data Ticket will send a custom disposition letter to the Appellant via 1"t Class Mail . All letters are attached to the citation online and are viewable via the web 2nd Level Hearing Hold, Scanning and Scheduling of Hearing $0.50 per citation (Optional)
r Data Ticket will review all documentation received by the Appellant and determine whether the request received within the required timeframe o lf the request was received within the required timeframe, Data Ticket's Adjudication Department will place the citation on an Administrative Hearing Request Hold and scan all received documentation into the Solution where it is displayed on the web for the Agency's Staff and the Hearing Officer
. lf the request is received outside the required timeframe, the Agency will have the option to proceed as though the request was received within the timeframe or it may elect to have Data Ticket send a "time expired letter" rejeaing the appeal o Data Ticket will work with the designated Hearing Officer to schedule the Hearing based on either a pre-determined schedule or an ad hoc basis, depending on the Agency's schedule
2d Level Hearings Performed (Optional) $85.00 per hour
. Data Ticket's independent, certified, insured hearing officers will be provided to the to perform in-person, phone and written heanngs
. Each hearing request will be reviewed, heard or read and all required research will be performed
o The Hearing Officer will enter a judgment into the Citation Processing System for viewing by the Agency, Appellant and Data Ticket
. Hearings will be scheduled
. The Agency will incur costs associaled with mileage as defined by Federal guidelines
. Data Ticket will work with the Agency to arrange for the use of a conference room at an Agency location or the Agency may etect to have citations heard at a centralized location within the County
Joint / Escrow Banking Services (Optional) $100'00 per month Services for the above+nentioned item include:
. Daily deposits of funds to the Agency's escrow account oonline,real.timereconciliationreportsthattiedirectlytothebankStatement o Processing of all credit card charge-backs and lnsufficient Funds . Month-end reconciliation of all funds collected
. Disbursement of County / State Surcharges at month-end o Payment of Data Ticket s invoice
. Disbursement of the net remittance to the Agency
.Scanningofa|lpaymentsdirectlytojointbankaccountdailyusingremotecheck deposit
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Data Ticket, lnc. City of Orange
Newport Beach, CA Request for Proposals
O: 949 752-6937; F: 949 752-6033 Parking Permit and Citation Processing Services Credit Card Processing Fee $3.50 per transaction charged to the Citizen . This fee will be charged to the citizen when the citizen pays with a credit / debit card online, via the IVR Solution, via a Customer Service Representative or via a mail in credit / debit card option.
. No fee will be charged to the City
Seruices lncluded in the Above CosE:

Online Access for the Agency's Customers: lncluded
The Agency's Customers will have the ability to perform the following functions online:
. View reaFtime citation(s) data
o Pay for a single or many citation(s)
. Request a 1"t Level Administrative Review and attach up to three documents supporting their position
. Request a 2d Level Administrative Hearing Request and attach up to three documents supporting their position
o Print a receipt
. View pictures of the citation taken by the issuing officer (if the Agency allows) Online Access for the Agency's Staff: lncluded
Access to the Agency',s data is based on unique usernames and passwords assigned to each individual who iequires access to the system. Data Ticket does not limit the number of individuals who have access to the system and the number and types of access can change at any point with a simple email request to Data Ticket' our solution is setup to maintain a complete audit trail for each and every transaction in the system, therefore, the username is displayed next to every transaclion in the system, indicating who performed the transaction and when.

Dependent on the access rights provided to each Agency staff member, the following capabilities are available:
o View real-time citation(s) data, including pictures taken by the lssuing Officer o Accept payment via VlsA, Mastercard, Discover and American Express crediudebit cards
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. The Agency will be responsible for the purchase of banking supplies, including checks and endorsement stamps; these fees typically run $200.00 per year charge-backs and NSF's (Optional) ${.25 per issued instance o Data Ticket will process credit card charge-backs and NSFs when notified ofeach occurrence
. Once processed, Data Ticket will send a custom letter to the individual detailing the returned item and the amount due on the citation
Refunds (Optional) $3.50 per issued instance
. Data Ticket will process refunds when notified by the Agency o ln the event the Agency utilizes Joint Banking, Data Ticket will verify, generate and send each refund due when notified by the bank
. Refunds will be issued weekly
. Refunds will be sent via l"tClass Mail
137
Data Ticket, lnc. CitY of Orange
Newport Beach, CA Request for Proposals
O: 949 752-6937, F: 949 752-6033 Parking Permit and Citation Processing Services . Accept payment via Cash, Check or Money Order
. Process NSFs, Chargebacks and Refunds
. Reduce or increase violation amounts, dismiss citations, void citations and place citations on hold
. Change citation data, including vlolations, date, time, plate, location, comments, make, model, color, registration expiration date and others . Perform Administrative Reviews online by entering the disposition directly online . Generate a time expired or letter of non-responsibility for a citation in the adjudication process
. View the complete reason forthe Review Request and supporting documentatlon provided by the Appellant directly online
. Edit Appellant information
. Upload disposition documents sent to the Agency via US Mail . Add a note to a citation and see all comments added to the citation . View the reason for the 2nd Level Administrative Hearing Request online and view the supporting documentation provided by the Appellant, directly online r Print a receipt with or without registered owner information Reporting: lncluded
. Data Ticket offers 24 reports online for our Clients to generate, print and re-print 24t7.Vtle provade reaFtime reports that can be generated for any timeframe required and we provide pre-processed/month-end reports that reflect the month-end view of dala.
. All reports are available online and because we do not purge data unless specifically requested to do so by a Client, the data is available as long as the Agency is a Client.
. All reports are generated in HTML so our Clienls can copy and paste the data into Excel for data manipulation purposes.
. lf the Agency were to request a report that was not already available using the standard reports or report generator' Data Ticket would work with the Agency to design the report and provide it to the Agency at no cost. lllanual Payment Processing: lncluded
. Manually received payments (checks, cash, money orders and credit card payments sent via US Mail) are ieceived at our PO Box in Newport Beach where a bonded and insured courier picks up the mail daily and delivers it to our Newport Beach office o on-site Mail Department opens, sorts and batches the payments before providing them to our on-site Data Entry Department
. After double-blind entry of each payment, the citations are updated by our Quality Assurance team
. payments are then provided to our Accounting Department where daily deposit slips arecompletedandprovidedtoabonded,insuredcourierwhotakesthemtothe bank
Registered Owner lnformation: lncluded
. hegistered owner information for all citations jssued on California license plates . Tui-raround time for acquisition of California registered owner information is same day
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Data Ticket, lnc. CitY of Orange
Newport Beach, CA Request for Proposals
O: gig 752-6937 i F: 949 752-6033 Parking Permit and Citation Processing Services o Registered owner information for all cilations issued on out of state license plates . Data Ticket is a recognized Strategic Partner with NLETs and has access to registered owner information nationwide real-time through NLETs service . Access to this system requires the use of the City's ORI lor tracking purposes only; Data Ticket will utilize its own ORI for actually acquiring the out of state RO data CA DMV Holds and Releases: lncluded
. California DMV Holds and Release performed daily via an online connection . Holds and releases can also be performed real{ime, upon request . Citation amounts placed on hold are updated daily in the event a partial payment is made
Customer Service: lncluded
. Data Ticket provides a live, bi-lingual, on-site Customer Servlce Department that is fully trained to answer questions related to citation issuance, payment, adjudication, fix-it tickets, sign-offs, FTB, advanced credit reporting collections and more . All calls are recorded to quality assurance and recordings can be sent to the Agency at any time for review
. Data Ticket's IVR is bi-lingual and accessible via several toll-free numbers; the IVR provides real-time information to the caller regarding current status, including the amount due
o The IVR accepts VISA, Masteroard, Discover, and American Express web Presence: lncluded
. Data Ticket's Solution is '100% web-based and Section 508 Compliant and is provided at: www.CitationProcessinacenter.com; this is a generic website in the sense that it is not ngenCy branded. This website allows for the Agency and the Agency's Customers to access citations online
. lfitre Agency prefers to have an Agency branded website, one in which the look an-d feei mimics that of the Agency's website, Data Ticket can and will provide this feature to the Agency.

Cost lncreases:

Postal Rate lncrease Offuet - lf postal rates increase during the term of the agreement, fees to DTI shall be raised immediately to offset the effect of the actual postal rate increase.
cPl lncreases - There wilt be NO CPI increases for the duration of the agreement' 6lPage
139
Data Ticket lnc. city of Orange
Newport Beach, CA Request for Proposals
O: 949 752-6937; F: 949 752-6033 Parking Permit and Citation Processing Services

PERMIT MANAGEMENT PRICING
Annual Software Fee $2,500.00
This fee includes the customization of the website for Customers to obtain and manage the permits, as well as any customization required for City Personnel to manage the permit pro An extensive design phase will be implemented to ensure the capture of all business rules utilized by the City.

Permit Fulfillment Fees - if Performed by Data 1 $1.75 per mailing This fee is only charged if Data Ticket Staff will fulfill permit requests. lf City Personnel will I permit requests, no fee is charged to the City.

Online / Digital Permit Fulfillment lncluded
For permits that are printed by the Customer via our web-based Solution, there will be no c to the City.

Renewal Letters $1.25 Per letter
ln the event the City wishes to send an annual renewal letter, Data Ticket will send this lett{ l"tClass Mail to all current permit holders-
Credit Card Processing Fee $3.50 per transaction charged to the Citizen This fee will be charged to the citizen when the citizen pays with a credit / debit card online, via the IVR Solution, via a Customer Service Representative or via a mail in credit / debit card option.

No fee will be charged to the CitY
Cost lncreases:

Postal Rate lncrease Offset - lf postal rates increase during the term of the agreement, fees to DTI shall be raised immediately to offset the effect of the actual postal rate increase.
cPl lncreases - lhere will be NO CPI increases for the duration of the agreement.

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Data Ticket, lnc. City of Orange
Newport Beach, CA Request for Proposals
O: 949 752-6937; F: 949 752-6033 Parking Permit and Citation Processing Services Detailed Android Pricing (Optional)
Data Ticket has provided the following handheld unit pricing for Three Year Lease Price option as well as a Purchase Pice Option-
Item Samsung Galaxy S or S8 Plus d TSC 3" Printef
3 Year Lease Price $54.00 / per month
Purchase Price
Samsung Galary S: $845.00 Per Unit
Samsung Galary S8 Plus: $957.00 per Unit
TSC 3" Printer: $282.00 Per Unit
Data Ticket will provide 3 samsung Galaxy S8 Plus Units and 3 TSC 3" Printers at no cost to the 6ity for use during the life of the contract ln addition, the cost of peripherals, including: sttap, case, charger, car charger and batteries is included in the Prices quoted above.
*These costs are erclusivc of tax
ANDHE Ltc AND SUP RT COST
Handheld Software License Fee $0.00 per unit per year, 1"t year only $0.00 per unit per year, 2nd and subsequent years
This fee is for the software application and all enhancements' Support $25'00 Per month Per unit
Suiiort includes full repair or replacement of any units which fail to perform.

There is no deductible charged.

Training No Charge
6nsite tiaining at the City's preferred location will be provided free of charge for Ootn tn" handield ticket wriier kaining and the system training. Training typically takes place over the course of a few hours and will be customized to meet the City's requirements,
Ticket Stock $1 ,81 1'00 plus tax and shipping
ii"r"i.i""r pricing inctudes 30,000 tickets that will be approximately 3'' x 7" and *irr'pr*ia" for g5 iitations per roll. This cost is inclusive of artwork and printer ."i,ip. ff,ii cost does not include shipping, which will be charged at the actual rate of the shipping from the vendor to Data Ticket'
Wireless Services Actual Cost
I i;;ait etects to utilize a wireless data plan by which to transmit citations, Data ii"rlt *irr pass the cost of the data plan directly from the wireless vendor.

SlPage
141
C,IryOFORANGE
ADDENDUN IO fHE PARKNG ACREE'IENT DATED AUCUST 8,2017
AS OF JANUARY 8,2O2O

AODENOUM TO THE AGREEMENT
BETI^,EEN
THE CITY OF ORANGE end DATA TICKET, lNC.

Thlr addendum to tha Agroernent between The Clty of Onngr (AGENCY) and Data Ticket, lnc. (CO{|;PANY) 13 to am.nd end lnclude the addltlott of AB t03 Servlcos/Fcee:
the denial.
lndlgent Payment Plan Letters 10.85 per letter
All oher terms and conditions of the Agreement remain as originally written' DATAT

TICKET,-'
ACCEPTED:

Citv of Onnoe
SignaturE
fa,E v.,.a-Cu,a€ A. .gzca1 A -r
Print NEme and Title
Acceplrnce end ScenninE of lndigont Payment Plan Requeats (Approval/Denlal by Agoncf) $2.00 per requeat
. This process includcs thc acceptancc ofdocumcntation via the wcb and US Mail, rcvicw ofthe documcnation, scanning ofall documcntation and anachment to th€ citatior to which it applies. Barcd on cach Agcncy's unique busincss ntles, thc Agency will cithcr acccpt or dcny eacb rcquest and then procccd to sctuP the payment plrn or issue a letter ofdcnial with a rcason for 2603 Maln Strcct, Su[e m0
lrvlnc, Calllomle 9261tl
94e-428.7241
www.ClirntSewlcrs,com
ACCEPTEO:

Data Tlcket lnc,
Signature
&p>aWrsL- *
Print Name and Tirle
l-E'2o
Date
Phone: 949'128-724 t
01/06i20mProprteEry and Confd€nti8l to Dtt! Tickel lnc
Date
142
DATA TICKET, INC. RESOLUTION

GRANTING SIGNING AND AUTHORITY TO

CONDUCT BUSINESS
WHEREAS. Oata Trcket, lnc desrres to grant slgnrng and authority to cenaln person(s) described hereunder
RESOLVEO. that the Board of Orrectors ls hereby authorized and approved to grant sole srgnrng and authority to conduct buslness lo any one of the followrng person(s) The loregoing signing, and authorlty granled shall include. but shall not be limited to' the executron of Deeds potYers of atlorney, lransters, asslgnments contracls' obligations, certificates, and other rnstruments of whatever nature entered rnto by this Corporation.

The undersrgned hereby certrfies that he rs the duly elected and qualifled Secretary and the custodian of the books and records and seal of Data Ticker' lnc ' a corporatDn duly formed pursuant to the laws of the state of Californla and thal the foregorng rs a lrue record of a resolutDn duly adopted at a meetrng of the Board ol Dlreclors and that sard meetrng was held in accordance wlth state law and the Bylaws of the above'named Corporahon November 13, 2006'and that sald resolulion rs norv in full lorce and effect w[hout modlfication or rescisslon
lNWTNEssWHEREoF.lhaveexeculedmynemeassecretaryoftheabove-named Corporation this November '13th ot 2006
A. Willhm Flemlm
Secretary
143
DATA TICKET, INC. RESOLUTION

GRANTING SIGNING AND AUTHORITY TO

CONDUCT BUSINESS
Brook westcott, Chief Operatrng Ofticsr and Chtef Financral Offlcer is hereby granted sole 619ning authority to conduct busrness on behalf of Data Ticket, lnc, lncluding but nol Imited to the execution of Deeds. po\ rers of attorney, transfers. assignments. conlracts, ob[gations, certificates. and other rnstruments of whatever nature entered anto by oata Ticket, lnc.
144
DATAI
TICKET*
2603 Main Street, Suite 300
lrvine, California 92614
949428-7241
www.ClientServices.com

CITY OF ORANGE
ADDENDUM TO THE AGREEMENT DATED AUGUST 8, 2017

CONTRACT

ADDENDUM TO THE AGREEMENT

BETWEEN
CITY OF ORANGE and DATA TICKET, lNC.

This addendum to the Agreement between City of Orange (AGENCY) and Data Ticket, lnc. (COMPANY) is to amend and extend the timeframe of the contract.

Terms and Renewals: This Agreement shall be for three (3) years commencing as of the date of July 1,2022. U nless notice of termination, is made in writing by either party to the other no less than ninety (90) days prior to the end of the scheduled term, this Agreement shall automatically renew for additional one (1) year periods. ln conjunction with the automatic extension of the terms of this Agreement, COMPANY may give notice of reasonable price adjustments for its processing services. The AGENCY will have thirty (30) days to respond in writing to the purposed increase. Unless AGENCY gives notice in writing of its rejection of these price adjustments, the term shall be extended with these price adjustments as stated. lf the AGENCY gives notice of its rejection of these price adjustments, unless there is a further written Agreement between the parties, the term ofthe Agreement shall not be extended and the Agreement shall terminate.

Costs: Cost shall be charges as set forth in Exhibit A
Phone:949-428-7241
1012512021
Proprietary and Confidential to Data Ticket, lnc
145
DATAT
TICKET'.
2603 Main Street, Suite 300
lrvine, California 92614
949428-7241
www.ClientServices.com

CITY OF ORANGE
ADDENDUM TO THE AGREEMENT DATED AUGUST 8,2017

CONTRACT
All other terms and conditions of the Agreement remain as originally written.

ACCEPTED: ACCEPTED:

Citv of Oranqe Data Ticket. lnc.

Brook Westcott, COO
Print Name and Title Print Name and Title
Date
Phone:949-428-7241
1012512021Proprietary and Confidential to Data Ticket' lnc Date
146
Agenda Item
City Council
Item #: 3.9. 4/12/2022 File #: 22-0138
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Bonnie Hagan, Assistant City Manager / Community Services Director

1. SUBJECT
First Amendment to the Agreement with Academy Electric, Inc. for an emergency vault pump replacement at Eisenhower Park.

2. SUMMARY
Eisenhower Park has two vault aeration pumps that serve to circulate and oxygenate the water in the park’slake and stream system. One pump has completely failed and the other pump is only working at half capacity. Both pumps require replacement at a cost of $33,000. The City has a contract with Academy Electric, Inc. to provide electrical preventative maintenance and repair throughout the City.

This First Amendment allows the City’scurrent contractor to perform the necessary emergency repair work at Eisenhower Park.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $33,000 from the General Fund (100) unreserved fund balance to expenditure account 100.7022.51420.00000, General Fund - Maintenance Contracts.

2. Approve First Amendment with Academy Electric, Inc. in an amount of $33,000 to replace the vault pumps at Eisenhower Park; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for the First Amendment is $33,000 and will be funded through the General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
d: Effectively manage and develop City assets.

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
Two vault aeration pumps circulate and oxygenate the water in the lake and stream at Eisenhower Park. These two aeration pumps run 24/7 to properly oxygenate the lake water and are critical for the purpose of water clarity, reducing algae, and the sustainment of fish, fowl, and aquatic wildlife that live in and around the lake. Both City staff and the City’selectrical contractor, Academy Electric, Inc. (Academy), have inspected both pumps and assessed that one of the pumps has failed and the City of Orange Printed on 4/7/2022Page 1 of 2
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147
Item #: 3.9. 4/12/2022 File #: 22-0138
Inc. (Academy), have inspected both pumps and assessed that one of the pumps has failed and the other pump will fail soon, as it is currently running at half capacity. During cooler weather and shorter days, the one vault aeration pump that is currently operational can support the lake circulation. As we get into the summer months, with longer days and higher temperatures, the result of only running one pump would be more cloudy water and more algae. If oxygen levels then get low enough, dead fish and wildlife could be a consequence. Therefore, it is crucial that both pumps are replaced as soon as possible to properly maintain the lake.

In June of 2019, the City Council approved an Agreement with Academy for preventative maintenance and repair of various electrical systems throughout the City. Academy provided a proposal for the necessary vault pumps replacement at a cost of $30,000. This cost includes two new vault pumps (as specified within the Amendment) for $20,000, crane with operator for $1,700, and all-inclusive labor for $8,300. Additionally, as these pumps have not been replaced in the last ten years, the project budget includes a 10% contingency to cover any unforeseen plumbing and materials costs.

Staff is recommending that City Council approve the First Amendment with Academy Electric in the amount of $33,000 to replace the two vault pumps at Eisenhower Park.

Additionally, staff is requesting an associated appropriation of $33,000 from the unreserved General Fund balance to complete the unplanned, yet necessary repair. The associated expense will be funded through the General Fund (100).

7. ATTACHMENTS
· First Amendment to Agreement with Academy Electric, Inc.

City of Orange Printed on 4/7/2022Page 2 of 2
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148
Agenda Item
City Council
Item #: 3.9. 4/12/2022 File #: 22-0138
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Bonnie Hagan, Assistant City Manager / Community Services Director

1. SUBJECT
First Amendment to the Agreement with Academy Electric, Inc. for an emergency vault pump replacement at Eisenhower Park.

This First Amendment allows the City’scurrent contractor to perform the necessary emergency repair work at Eisenhower Park.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $33,000 from the General Fund (100) unreserved fund balance to expenditure account 100.7022.51420.00000, General Fund - Maintenance Contracts.

2. Approve First Amendment with Academy Electric, Inc. in an amount of $33,000 to replace the vault pumps at Eisenhower Park; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for the First Amendment is $33,000 and will be funded through the General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
d: Effectively manage and develop City assets.

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
Two vault aeration pumps circulate and oxygenate the water in the lake and stream at Eisenhower Park. These two aeration pumps run 24/7 to properly oxygenate the lake water and are critical for the purpose of water clarity, reducing algae, and the sustainment of fish, fowl, and aquatic wildlife that live in and around the lake. Both City staff and the City’selectrical contractor, Academy Electric, Inc. (Academy), have inspected both pumps and assessed that one of the pumps has failed and the City of Orange Printed on 4/7/2022Page 1 of 2
powered by Legistar™
149
Item #: 3.9. 4/12/2022 File #: 22-0138
Inc. (Academy), have inspected both pumps and assessed that one of the pumps has failed and the other pump will fail soon, as it is currently running at half capacity. During cooler weather and shorter days, the one vault aeration pump that is currently operational can support the lake circulation. As we get into the summer months, with longer days and higher temperatures, the result of only running one pump would be more cloudy water and more algae. If oxygen levels then get low enough, dead fish and wildlife could be a consequence. Therefore, it is crucial that both pumps are replaced as soon as possible to properly maintain the lake.

Staff is recommending that City Council approve the First Amendment with Academy Electric in the amount of $33,000 to replace the two vault pumps at Eisenhower Park.

7. ATTACHMENTS
· First Amendment to Agreement with Academy Electric, Inc.

City of Orange Printed on 4/7/2022Page 2 of 2
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150

FIRST AMENDMENT
TO

MAINTENANCE SERVICES AGREEMENT
[Electrical Maintenance Services for City Parks]

THIS FIRST AMENDMENT TO MAINTENANCE SERVICES AGREEMENT (the “First Amendment”) is made and entered into as of ________________, 2022, by and between the CITY OF ORANGE, a municipal corporation ( “City”), and ACADEMY ELECTRIC, INC . (“Contractor”), a California corporation, with reference to the following:

A. City and Contractor entered into a Maintenance Services Agreement (Agreement No. 6778) dated June 11, 2019 , which is incorporated herein by this reference (the “Original Agreement”); and

B. City and Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement by revising the Scope of Work and increasing the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

Section 2. Cross-References. City and Contractor agree that all references in this First Amendment are deemed and construed to refer to the Origina l Agreement, as implemented by this First Amendment.

Section 3 Revised Scope of Services . The Scope of Services, Section 1, Exhibit A of the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference.

Section 4 Compensation. The total not -to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by THIRTY-THREE THOUSAND DOLLARS and 00/100 ($ 33,000.00) and Section 2.a is hereby amended in its entirety to read as follows:

“Contractor's total compensation for all services performed under this Agreement, shall not exceed THREE HUNDRED THIRTY-THREE THOUSAND DOLLARS and 00/100 ($333,000.00) without the prior written authorization of City.”

Section 5. Integration. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisi ons of this First Amendment and the terms and provisions of the Original 151

2 Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.

IN WITNESS of this First Amendment, the parties enter into this First Amendment on the year and day first above written.

“CONTRACTOR” “CITY”

ACADEMY ELECTRIC, INC., CITY OF ORANGE, a municipal corporation a California corporation

*By: By:

Printed Name: Mark A. Murphy, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney

*NOTE: If Contractor is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
152

EXHIBIT “A”

SUPPLEMENTAL SCOPE OF SERVICES

[Behind this page.]
153
154
MINK MM 1104–1142 BP
Dry claw compressors
Flexible
Designed for numerous industrial applications of up to 2.0 bar(g), inlet filter and pressure relief valve as standard Reliable
Effective air cooling, constantly high volume flow throughout the entire life cycle Nearly maintenance-free
Dry and contact-free compression
www.buschvacuum.com © Busch Vacuum Solutions 09.08.2021 1 / 3 155
MINK MM 1104–1142 BP
Dry claw compressors
Dimensional drawing Volume flow
Air at 70°F. Tolerance: ± 10%
MINK MM 1104 BP
Volume flow 44.0 ACFM
Overpressure (at inlet) 11.6 PSIG
Nominal motor rating 3.2 – 5.6 HP
Nominal motor speed 1800 RPM
Noise level (ISO 2151) 73 dB(A)
Weight approx. 388 Lbs.

Dimensions (L x W x H) 42.5 x 16.9 x 23.3 inches
Gas outlet 1¼" NPT
MINK MM 1144 BP
Volume flow 57.0 ACFM
Overpressure (at inlet) 14.5 PSIG
Nominal motor rating 4.6 – 7.1 HP
www.buschvacuum.com © Busch Vacuum Solutions 09.08.2021 2 / 3 156
MINK MM 1104–1142 BP
Dry claw compressors
MINK MM 1144 BP
Nominal motor speed 1800 RPM
Noise level (ISO 2151) 73 dB(A)
Weight approx. 411 Lbs.

Dimensions (L x W x H) 46.4 x 16.9 x 23.3 inches
Gas outlet 1¼" NPT
MINK MM 1102 BP
Volume flow 79.0 ACFM
Overpressure (at inlet) 10.2 PSIG
Nominal motor rating 9.1 – 12.7 HP
Nominal motor speed 3600 RPM
Noise level (ISO 2151) 81 dB(A)
Weight approx. 436 Lbs.

Dimensions (L x W x H) 46.3 x 16.9 x 23.3 inches
Gas outlet G 1¼"
MINK MM 1142 BP
Volume flow 103.0 ACFM
Overpressure (at inlet) 14.5 PSIG
Nominal motor rating 12.7 – 16.9 HP
Nominal motor speed 3600 RPM
Noise level (ISO 2151) 81 dB(A)
Weight approx. 456 Lbs.

Dimensions (L x W x H) 47.4 x 16.9 x 23.3 inches
Gas outlet 1¼" NPT
DO YOU WANT TO KNOW MORE?
Get in touch with us directly!
[email protected] or +1 757 463 7800

CONTACT FORM

CALL NOW
www.buschvacuum.com © Busch Vacuum Solutions 09.08.2021 3 / 3 157
Agenda Item
City Council
Item #: 3.10. 4/12/2022 File #: 22-0175
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Second Amendment to Agreement with Tetra Tech, Inc. for design services to include a Per- and polyfluoroalkyl substances (PFAS) treatment system at Well 28.

2. SUMMARY
Design services are required for the preparation of plans and specifications for a PFAS treatment system at Well 28. Tetra Tech, Inc. requests an additional $230,000 for the work. The Orange County Water District (OCWD) will reimburse the City for the design and construction cost of the treatment system under the PFAS Treatment Program Agreement.

3. RECOMMENDED ACTION
Approve the Second Amendment with Tetra Tech, Inc. in an amount not to exceed $230,000; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total cost for this amendment is $230,000 and will be funded in Well 28 Construction (18120) 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
The Public Works Department recently completed phase 1 of the Well 28 Construction Project, which included drilling, casing installation, and well development in the Old Towne area of the City of Orange. Upon completion of groundwater quality testing, it was determined that the groundwater produced by this well contained PFAS concentrations exceeding current Notification Levels, but were below the Response Levels established by California Department of Drinking Water. The PFAS level found in Well 28 qualifies it for the PFAS Treatment Program sponsored by OCWD. Under this program, OCWD agrees to reimburse the City 100% of the design and construction cost of the treatment system.

In June 2019, the City selected Tetra Tech, Inc. (Tetra Tech) to design and provide construction City of Orange Printed on 4/7/2022Page 1 of 2
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158
Item #: 3.10. 4/12/2022 File #: 22-0175
In June 2019, the City selected Tetra Tech, Inc. (Tetra Tech) to design and provide construction support services for Well 28 and the adjoining pocket park. Because the groundwater quality was unknown at the time, the original scope of work did not include the design of a PFAS treatment system. After receiving the PFAS test results, the City requested a proposal from Tetra Tech to include a treatment system at Well 28. The scope of service under this Second Amendment will include the design of a treatment system that is consistent with other systems recently installed at other City wells. Additionally, Tetra Tech will reconfigure the pocket park’slayout to accommodate the treatment system while maximizing space for the proposed park.

Well 28 is expected to produce about 3,500 gallons per minute (gpm) and will play a vital role in supplying water to the city. This project is also partially funded by the Santa Ana River Conservation Conjunctive Use Program (SARCCUP). The well equipping phase, including the treatment system and construction of the park, will begin in the fall of 2022.

7. ATTACHMENTS
· Second Amendment to Agreement No. 6780
City of Orange Printed on 4/7/2022Page 2 of 2
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159
Agenda Item
City Council
Item #: 3.10. 4/12/2022 File #: 22-0175
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Second Amendment to Agreement with Tetra Tech, Inc. for design services to include a Per-and polyfluoroalkyl substances (PFAS) treatment system at Well 28.

3. RECOMMENDED ACTION
Approve the Second Amendment with Tetra Tech, Inc. in an amount not to exceed $230,000; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total cost for this amendment is $230,000 and will be funded in Well 28 Construction (18120) 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.

In June 2019, the City selected Tetra Tech, Inc. (Tetra Tech) to design and provide construction City of Orange Printed on 4/7/2022Page 1 of 2
powered by Legistar™
160
Item #: 3.10. 4/12/2022 File #: 22-0175
In June 2019, the City selected Tetra Tech, Inc. (Tetra Tech) to design and provide construction support services for Well 28 and the adjoining pocket park. Because the groundwater quality was unknown at the time, the original scope of work did not include the design of a PFAS treatment system. After receiving the PFAS test results, the City requested a proposal from Tetra Tech to include a treatment system at Well 28. The scope of service under this Second Amendment will include the design of a treatment system that is consistent with other systems recently installed at other City wells. Additionally, Tetra Tech will reconfigure the pocket park’slayout to accommodate the treatment system while maximizing space for the proposed park.

7. ATTACHMENTS
· Second Amendment to Agreement No. 6780
City of Orange Printed on 4/7/2022Page 2 of 2
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161

SECOND AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT
[[Insert type of service] Services]

THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the “Second Amendment”) is made and entered into as of ________________, 20__, by and between the CITY OF ORANGE, a municipal corporation (“City”), and TETRA TECH, INC., a Delaware corporation (“Consultant”), with reference to the following:

A. City and Consultant entered into a Professional Services Agreement (Agreement No. 6780) dated June 11, 2019, which is incorporated herein by this reference (the “Original Agreement”); and

B. City and Consultant amended the Original Agreement to modify, expand the Scope of Services and increase the compensation by a First Amendment to Professional Services Agreement (Agreement No. 6780.1) dated April 1, 2020, which is incorporated herein by this reference (the “First Amendment”); and

C. City and Consultant desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement to expand the Scope of Services and increase the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

Section 2. Cross-References. City and Contractor agree that all references in this Second Amendment are deemed and construed to refer to the Original Agreement, as implemented by this Second Amendment.

Section 3 Revised Scope of Services. The Scope of Services, Section 1, Exhibit A of the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference.

Section 4 Compensation. The total not-to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by TWO HUNDRED THIRTY THOUSAND DOLLARS and 00/100 ($230,000.00) and Section 2.a is hereby amended in its entirety to read as follows:

“Contractor's total compensation for all services performed under this Agreement, shall not exceed EIGHT HUNDRED FIFTY-FOUR THOUSAND SEVEN HUNDRED DOLLARS and 00/100 ($854,700.00) without the prior written authorization of City.” 162

2 Section 5. Integration. This Second Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Second Amendment shall control and govern the rights and obligations of the parties.

[Remainder of page intentionally left blank; signatures on next page]

163

3 IN WITNESS of this Second Amendment, the parties enter into this Second Amendment on the year and day first above written.

“CONSULTANT” “CITY”

TETRA TECH, INC. a Delaware corporation CITY OF ORANGE, a municipal corporation

*By: By:

Printed Name: Mark A. Murphy, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

[Insert name of the attorney.]
(Senior Assistant) City Attorney

*NOTE: If CONTRACTOR is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.

164

EXHIBIT “A”

SUPPLEMENTAL SCOPE OF SERVICES

[Behind this page.]

165
17885 Von Karman Avenue, Suite 500, Irvine, CA 92614-6213 Tel 949.809.5000 Fax 949.809.5010 tetratech.com
March 1, 2022
Mr. Tuan Cao, Senior Civil Engineer
City of Orange, Water Division
189 S. Water Street
Orange, CA 92866
Reference: Well No. 28 and Public Mini Park – Agreement No. 6780 Additional Work Request No. 3 for PFAS Treatment System Design Dear Mr. Cao:

Tetra Tech has been providing engineering services on the Well No. 28 and Public Mini Park Project since June 2019 under Agreement No. 6780. Tetra Tech completed the well drilling portion of the scope and submitted 60% design for well equipping. The approved budget based on Amendment No. 1 dated March 4, 2020 is $624,700.000. Per Additional Work Request No. 2 dated August 11, 2020, $36,500 of $76,000 budget from Task 5: Construction Services for Equipping Well 28 was reallocated to provide final architectural and landscape design, prepare a lot line adjustment, and also includes Planning Department contingency to address comments during final design (to be authorized by the City on request).

The City recently completed drilling, casing installation and water quality sampling for Well No. 28.

Results of water quality sampling found concentration PFOS and PFOA which exceeded current Notification Levels (6.5 PPT for PFOS; 5.1 PPT for PFOA) but were below current Reaction Levels (40 PPT for PFOS; 10 PPT for PFOA) established by the Division of Drinking Water. As a result, the City requested a proposal from Tetra Tech to include PFAS removal treatment system, ion exchange (IX), into the final design for well equipping of Well No. 28.

The following correspondence summarizes the additional scope and budget requested to include PFAS treatment system into the Well No. 28 project.

Original Proposal
As of the date of this correspondence Tetra Tech has completed the well drilling portion of the scope, completed a non-priority water quality management plan (WQMP) and submitted 60% design for well equipping. The 60% design included landscape and architectural design elements consistent with the requirements set forth City Planning. The addition of a treatment system will require the public mini-park to be reduced in size as well as the expansion of the architectural screen wall. A Non-Priority WQMP was originally prepared and the site changes will result in a revision of the WQMP. The treatment system will also require changes to the well piping, electrical and controls. The proposed IX vessels are to be installed within a sump requiring structural calculations and design. 166
2 TETRA TECH
The following is a summary of the work completed to date, as of the date of this correspondence:

Task Description
Approved
Budget
Billed Amount
as Date of
Correspondence % Complete
Remaining
Budget
Task 1: Research and Site Survey
Mgmt/Meetings/Reports $19,805 $14,415 73% $5,390
Preliminary Work $88,239 $91,234 103% -$2,995
Design Memorandum $23,356 $23,356 100% $0
Task 2: Permits and Reports
DDW/Report $37,058 $34,624 93% $2,434
IS/MND Assistance $2,900 $2,900 100% $0
City Dept Approvals $14,912 $7,400 50% $7,512
WQMP $15,130 $15,130 100% $0
Task 3: Drilling $123,000 $99,069 81% $23,931
Task 4: Equipping
PS&E $229,000 $140,958 62% $88,042
Arch/Landscape $26,800 $25,441 95% $1,359
Task 5: Construction Services $44,500 $0 0% $44,500
Total $ 624,700 $454,527 73% $170,173
Well No. 29 PFAS Proposal
Tetra Tech’s proposal for Well No. 29, dated January 2020, included PFAS treatment system design. In order to get a general range of budget to perform the PFAS treatment design, the following is a comparison of Tetra Tech’s proposal for Well No. 28 and Well No. 29 with PFAS Treatment System assuming the main difference is the PFAS treatment system design for Well No. 29:

Original Well 28 Original Well 29 Delta
· Design Memorandum : $23,400 $35,500 $12,200 · Equipping PS&E: $229,000 $272,000 $43,000
· Construction Services $76,000 $94,000 $18,000 As Tetra Tech has been completing the PFAS Treatment System designs for Serrano Water District, Yorba Linda Water District and City of Fullerton, we have realized some additional design effort is required to minimize the construction difficulties for constructing the PFAS Treatment facilities. This additional design effort will need to be added to the above delta in proposals. 167
3 TETRA TECH
Additional Scope of Work
The following is a summary of the additional scope of work that we anticipate due to the inclusion of the PFAS treatment system after we have already completed the 60% design submittal.

Task No. 1: Research and Site Survey
Meetings: Our original Well No. 28 proposal assumed seven (7) meetings. We have attended five (5) meetings to date: the project kick-off meeting; the preliminary site plan meeting with the Water Division; and three (3) Design Review Committee meetings with Planning Division. We anticipate the changes to the project will require attendance at six (6) additional meetings: preliminary site plan meeting (including PFAS facilities) with the Water Division; two (2) Design Review Committee meetings with Planning Division; and three (3) Design Review Meetings for the 60%, 90% and 100% Well Equipping Design Submittals with the Water Division. In summary, we anticipate the need to attend a total of eleven (11) meetings and are requesting an increase in our budget for the four (4) additional meetings.

Project Management: We anticipate an additional four (4) months of project management, including bi- weekly reports, due to the inclusion of the PFAS treatment system after Tetra Tech had already submitted the 60% design for the well equipping.

Park and Landscape Preliminary Design: The project team met with City Planning to coordinate the preliminary design of the mini-park and architectural design of the screen wall. We anticipate the site changes will require further coordination and revised conceptual layouts for the proposed landscape/mini- park and architectural design of the screen wall. We anticipate the changes to the project will require the following:
· Preparation of two (2) conceptual landscape plans based on revised City requirements, which are yet to be determined for the site. Per the original scope, conceptual plans may include site furnishing, pedestrian level lighting materials selection, seating, planters, planter pots, street trees, landscaping, and walkway pavement finishes.
· Preparation of two (2) conceptual architectural design concepts for the screen wall based on revised City requirements, which are yet to be determined for the site. Per the original scope, conceptual design concepts may include finish rendering and color palate. · After selection by the City, preparation of one conceptual landscape plan into one (1) finalized preliminary plan including landscape elements including materials selection, colors, and finishes, architectural treatment to screen wall and landscape palette with water use classification of landscape species.

Tetra Tech has retained the services of original project team of David Volz Design for landscape design and Secoy Architects, Inc. for architectural design.
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4 TETRA TECH
Update Project Design Memorandum: Tetra Tech will revise the following sections of the project design memorandum:
· Hydraulic Analysis (revised for treatment head loss and pump and motor design) · Conceptual Site and Piping Layout (two concepts maximizing park size) · List of Major Components
· Conceptual Park and Landscape Design
· Color Palette
· Construction Schedule and Cost Estimate
PFAS Design Memorandum: Tetra Tech will prepare the PFAS design memorandum for the pre- treatment Filters (Fil-Trek) and IX Vessel Mechanical Layout (Aqueous Vet within sump). We are assuming a similar budget that was included within our Well No. 29 proposal for this item.

Task 2: Permits and Reports
IS/MND Assistance: Tetra Tech anticipates the changes to the project will require revisions to the IS/MND document. We are requesting an additional eight (8) hours of assistance to provide revised information requested by the City Planning Department.

WQMP: Tetra Tech completed a Non-Priority WQMP for the proposed well site and mini-park. We anticipate the changes to the site will result in greater than 5,000 square feet of impervious area and will require the WQMP to be revised.

Task 3: Hydro-Geological Services and Well Drilling Operation No additional scope.

Task 4: Equipping of Well No. 28 and Final Site Plans
Construction Drawings: Tetra Tech has prepared 60% design level drawings. Tetra Tech will be required to revise the drawings for the addition of the PFAS treatment system. This work will entail revising the drawings to include the new site, piping, mechanical and electrical improvements and get the revised plans back to a 60% design level. In general, we envision the following construction drawings will need to be revised due to the inclusion of the PFAS treatment system:
· Site Plan;
· Yard Piping Plan;
· Additional Profiles will be need to be added;
· Grading Plan;
· Screen Wall Elevations and Details
· Miscellaneous Structure Details
· Electrical Site Plan
· Power, Control, Lighting and Grounding Plans
· Single Line Diagram and Conduit Schedule
· P&IDs
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5 TETRA TECH
· Park, Irrigation and Landscape Plans
Tetra Tech has assumed the level of effort to prepare construction drawings and specifications for an IX treatment system to be similar to Well No. 29 PFAS Treatment System including the lessons learned on our recently completed PFAS projects. In addition, we have included the additional level of effort required to design a sump for the IX vessels such that the total height of the vessels does not exceed 16 feet.

We envision the following construction drawings will need to be added to the plans:
· Additional Yard Piping Profile
· Mechanical Vessel Plan
· Mechanical Vessel Section
· Mechanical Pretreatment Filters Plan and Sections
· Vessel Sump Foundation Plans and Sections
· Pretreatment Filters Foundation Plan and Sections
· Pipe Rack and Support Details
· Additional P&ID
In addition, Tetra Tech will need to prepare the specifications for the PFAS treatment system.

Task 5: Construction Services for Equipping Well No. 28 Per Additional Work Request No. 2 dated August 11, 2020, $36,500 of $76,000 budget from Task 5 – Construction Services for Equipping Well 28 was reallocated to provide final architectural and landscape design, prepare a lot line adjustment, and Planning Department contingency to address comments during final design (to be authorized by the City on request). The relocated budget will need to be added back into this task.

The inclusion of the PFAS treatment system will increase the level of effort required for the construction support services. We have assumed a similar budget and quantities that were included within our Well No. 29 PFAS proposal. The following is a summary of the level of effort that will be provided:
· Project Management: 18 months
· Construction Meetings: 6 meetings
· Addenda: 3
· Shop Drawing Submittals: 90
· RFI Responses: 30
· Plan Revisions: 40 hours
· Record Drawings
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6 TETRA TECH

BUDGET REQUEST SUMMARY
Tetra Tech is requesting the following additional budget authorization to include PFAS treatment system into the Well No. 28 Equipping Plans. The following is a breakdown of the requested budget authorization for each task:

Task
No. Task Description Total Budget
1 Research and Site Survey $ 50,300
Four Additional Meetings $ 4,500
Additional 4 Months of Project Management & Reports $ 2,300 Park and Landscape Preliminary Design $ 17,480
Update Project Design Memorandum $ 13,420
PFAS Design Memorandum $ 12,600
2 Permits and Reports $ 10,600
IS/MND Assistance $ 1,600
WQMP $ 9,000
3 Hydro-Geological Services and Well Drilling Operation $ 0 4 Equipping of Well No. 28 and Final Site Plans $ 113,100 Revised 60% plans to include PFAS Treatment $ 38,000
Landscape/Architect Design $ 13,100
PFAS Treatment Plans and Specifications $ 52,000
Sump Design for the IX Vessels $ 10,000
5 Construction Service for Equipping Well No. 28 $ 56,000 Add Relocated Budget $ 36,500
PFAS Additional Construction Support $ 19,500
Total Budget Amount $ 230,000
Per Additional Work Request No. 1, the approved cost budget is $624,700. Tetra Tech is requesting $230,000 additional budget authorization to compensate us for this additional work. We have attached our hourly manpower spreadsheet per task and revised rate sheet for 2022-2023. By authorizing Tasks 1 through 5 Tetra Tech’s authorized budget amount of $624,700 will be increased to $854,700.

If you have any questions or require additional information, please do not hesitate to call.

Sincerely,
Tom Epperson, P.E.

Project Manager
LE:tle
Attachment
O:\Projects\Irvine\09394\200-09394-19001\ProjMgmt\Contracts\Client\04-Amendment 3 - PFAS Treatment System\Additional Scope Request No. 3 tle.docx 171
Price Summary / Totals
Task Pricing Totals 230,000
Bill Rate > 335.00 225.00 168.00 130.00 115.00 100.00 120.00 305.00 153.00 115.00 225.00 130.00 128.00 Specify Add'l Fees on Setup 0 Technology Use Fee
Proj Area > Civil/Mechani
cal
Civil/Mechani
cal
Civil/Mechani
cal
Civil/Mechani
cal
Civil/Mechani
cal
Civil/Mechani
cal
Civil/Mechani
cal
Electrical/Con
trols
Electrical/Con
trols
Electrical/Con
trols Structural Structural Structural 230,000
Submitted to: City of Orange (Attn: Tuan Cao)
Contract Type: T&M
Project Phases / Tasks From Thru Months 1,312 32 99 201 228 174 142 8 35 87 56 42 126 82 0.00% 198,325 30,581 - - 1,094 230,000 2 4 5 8 9 11 13 17 18 19 20 22 23
Task 1 Research and Site Survey 198 10 28 48 44 24 12 4 2 4 - 6 12 4 32,518 17,480 - - 302 50,300 Project Administration and Management 32 4 12 16 - - - - - - - - - - 6,728 - - - 72 6,800 Meetings (4) 20 4 8 8 4,484 16 4,500
Project Management (4 months) 4 4 900 900
Bi-Weekly Status Reports 8 8 1,344 56 1,400
Revise Design Memorandum 166 6 16 32 44 24 12 4 2 4 - 6 12 4 25,790 - - - 230 26,020 Well Hydraulics Calculations for PFAS Treatment 26 2 4 8 12 3,542 3,542 Revise Design Memorandum 58 4 6 12 12 8 4 2 4 2 4 9,738 140 9,878 PFAS Design Memorandum 82 2 8 16 24 12 4 4 8 4 12,510 90 12,600 Revise Preliminary Site Plan, Elevations, Color Material Board (redesign) - - - - - - - - - - - - - - - 17,480 - - - 17,480 Landscape - 10,810 10,810
Architect - 6,670 6,670
Task 2 Permits and Reports 78 - 9 9 30 - 30 - - - - - - - 10,437 - - - 163 10,600 IS/MND Assistance (redesign) 8 4 4 1,572 28 1,600
WQMP (redesign) 70 5 5 30 30 8,865 135 9,000
Task 3 Hydro-geologic Services and Well Drilling Operation - - - - - - - - - - - - - - - - - - - - None - -
Task 4 Equipping of Well 28 and Final Site Plans 700 16 28 68 120 122 72 4 11 35 56 24 66 78 99,508 13,101 - - 491 113,100 Well Equipping Plans and Specifications (redesign) 264 6 15 38 54 52 36 2 6 9 24 4 8 10 37,796 13,101 - - 204 51,100 Coordination with OCWD and Purchase Vessels 14 2 4 8 2,914 2,914 Base Map Redesign 24 2 6 8 8 2,836 2,836
Site Plan 15 1 2 4 8 2,001 2,001
Grading and Drainage Plan 15 1 2 4 8 2,001 2,001
Yard Piping Plan 14 2 4 8 1,776 1,776
Yard Piping Profile 15 1 2 4 8 2,001 2,001
Screen Wall Elevations and Details (3 sheets) 40 2 6 12 4 2 6 8 5,672 6,776 12,448 Modifications to sheets due to new base map 38 2 4 8 8 16 4,682 4,682 Electrical Site Plan 6 1 1 4 918 918
Electrical Site and Power Plan 7 1 2 4 1,071 1,071
Lighting and Grounding Plan 18 2 4 12 2,602 2,602
Park, Irrigation and Landscape Plans (4 sheets) 18 2 4 8 4 2,562 6,325 8,887 Specification (60%) 10 2 4 2 2 1,812 1,812
QA/QC 6 4 2 1,950 1,950
Submittals (60%) 24 2 4 4 4 2 4 2 2 2,998 204 3,202
Well PFAS Treatment Plans and Specifications (new work) 436 10 13 30 66 70 36 2 5 26 32 20 58 68 61,712 - - - 288 62,000 Vessel and Pretreatment Structural Calculations 32 8 24 4,920 4,920 Vessel and Pretreatment Treatment Calculations 20 4 16 2,752 2,752 Site Plan 15 1 2 4 8 2,001 23 2,024
Mechanical Vessel Plan 43 1 2 12 20 8 5,221 5,221
Mechanical Vessel Section 34 2 8 16 8 4,016 4,016
Mechanical Pretreatment Filter Plan and Section 47 1 2 16 20 8 5,741 5,741 Vessels Sump Foundation Plans and Sections 26 2 8 16 3,538 3,538 Pretreatment Filters Foundation Plan and Sections 22 2 4 16 3,018 3,018 Pipe Rack Support and Details 26 2 8 16 3,538 3,538
Miscellaneous Structural Details 14 2 4 8 1,994 1,994
Power, Lighting and Grounding Plan 13 1 8 4 1,989 1,989 Single Line Diagram and Conduit Schedule 9 1 4 4 1,377 1,377 P&ID 13 1 4 8 1,837 1,837
Technical Specifications 20 4 8 2 2 4 3,454 3,454
QA/QC 12 8 2 2 3,740 3,740
Cost Estimate 24 2 4 4 4 4 4 2 4,094 4,094
Submittals (60%, 90%, 100%) 66 2 6 6 6 12 6 12 4 12 8,482 265 8,747 Task 5 Construction Services for Equipping Well 28 336 6 34 76 34 28 28 - 22 48 - 12 48 - 55,862 - - - 138 56,000 Well 28 Equipping (establish original scope) 222 4 16 40 30 28 8 - 16 36 - 8 36 - 36,448 - - - 52 36,500 Add Back Scope that was Re-Allocated 222 4 16 40 30 28 8 16 36 8 36 36,448 52 36,500 Well 28 PFAS Treatment (new work) 114 2 18 36 4 - 20 - 6 12 - 4 12 - 19,414 - - - 86 19,500 Project Management (8 months) 8 8 1,344 1,344
Construction Meetings (1) 2 2 450 30 480
Addenda (1) 10 2 4 4 2,090 2,090
Submittal Reveiws (30) 50 8 20 4 8 2 8 9,094 56 9,150
Respond to Requests for Information (15) 24 4 8 2 4 2 4 4,436 4,436 Plan Revisions (20 hours) 20 20 2,000 2,000
Totals 1,312 32 99 201 228 174 142 8 35 87 56 42 126 82 0.00% 198,325 30,581 - - 1,094 230,000 Task Pricing
TotalsSchedule
Work Days
Off
Work Days Total
Labor Hrs Subs Travel Mat'ls & Equip ODCs
Labor
Rate Esc. Labor
Engineer 3
Sr Cadd Designer 1
Senior Project
Manager
Project Engineer 1
Engineer 2
Project Manager 1
Engineer 2
Engineer 1
Sr. Project
Administrator
Project Manager 1
Project Engineer 2
Engineer 3
Additional Work Request No. 3 - PFAS Treatment System Total Price Pricing by Resource
Principal in Charge
Well No. 28 and Mini-Park
Price Proposal
Tetra Tech - Confidential and Proprietary Page 1 of 1 Printed 3/1/2022172 22/23 22/23
Project Management Construction
Project Manager 1 $225.00 Construction Project Rep 1 $80.00 Project Manager 2 $260.00 Construction Project Rep 2 $87.00 Sr Project Manager $305.00 Sr Constr Project Rep 1 $103.00 Program Manager $335.00 Sr Constr Project Rep 2 $118.00 Principal in Charge $335.00 Construction Manager 1 $168.00 Construction Manager 2 $190.00
Construction Director $238.00
Engineers General & Administrative
Engineering Technician $66.00 Project Assistant 1 $68.00 Engineer 1 $100.00 Project Assistant 2 $77.00
Engineer 2 $115.00 Project Administrator $97.00
Engineer 3 $130.00 Sr Project Administrator $120.00
Project Engineer 1 $153.00 Sr Graphic Artist $154.00
Project Engineer 2 $168.00 Technical Writer 1 $100.00
Sr Engineer 1 $170.00 Technical Writer 2 $126.00
Sr Engineer 2 $175.00 Sr Technical Writer $158.00
Sr Engineer 3 $210.00
Principal Engineer $305.00
Planners Information Technology
Planner 1 $106.00 Systems Analyst / Programmer 1 $78.00 Planner 2 $118.00 Systems Analyst / Programmer 2 $118.00 Sr Planner 1 $128.00 Sr Sys Analyst / Programmer 1 $132.00 Sr Planner 2 $154.00 Sr Systems Analyst / Programmer 2 $200.00 Sr Planner 3 $178.00
Project Accounting
Designers & Technicians Project Analyst 1 $92.00
CAD Technician 1 $66.00 Project Analyst 2 $118.00
CAD Technician 2 $77.00 Sr Project Analyst $158.00
CAD Technician 3 $92.00
CAD Designer $102.00 Reimbursable In-House Costs:

Sr CAD Designer 1 $128.00 Photo Copies (B&W 8.5”x11”)
Sr CAD Designer 2 $148.00 Photo Copies (B&W 11”x17”)
CAD Director $153.00 Color Copies (up to 8.5"x11")
Survey Tech 1 $51.00 Color Copies (to 11"x17")
Compact Discs
Large format copies
Health & Safety
H&S Administrator $97.00
Sr H&S Administrator $118.00 Mileage-Company Vehicle
H&S Manager $148.00 Mileage-POV
*current GSA POV mileage rate subject to change
All other direct costs, such as production, special photography, postage, delivery services, overnight mail, printing and any other services performed by subconsultant will be billed at cost plus 15%. 2022/2023

HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE
NOTE: Rates subject to change annually. 173
Agenda Item
City Council
Item #: 3.11. 4/12/2022 File #: 22-0136
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Bonnie Hagan, Assistant City Manager / Community Services Director

1. SUBJECT
Appropriation of $4,063.64 in revenue from Community Garden plot leases.

2. SUMMARY
Collected revenues are recommended to be appropriated for Community Garden maintenance.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $4,063.64 in community garden plot fees into revenue account 100.7001.44210.20227 General Fund - Garden Plots.

2. Authorize the appropriation of $4,063.64 in the following expenditure account number 100.7001.51700.20227, General Fund - Garden Plots.

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
Community Garden Lease Revenue
The City owns and operates 48 community garden plots located at 254 North Main Street.

Registered gardeners are charged an annual lease fee of $75 per plot to cover the cost of utilities, infrastructure, and repairs of the community garden. Additionally, new gardeners are charged a $100 deposit to be returned if they clear their plot before vacating should they choose not to renew their lease. Lease revenue collected for 2022 available for appropriation totals $4,063.64, which is the sum of lease revenue and forfeited deposits less the City’s 8% administrative costs.

Summary of Revenue Sources
The total appropriation request is $4,063.64.

Revenue Source Appropriation Location
Garden Plot Leases and Deposits $ 4,063.64 Community Garden City of Orange Printed on 4/7/2022Page 1 of 2
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Item #: 3.11. 4/12/2022 File #: 22-0136

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.11. 4/12/2022 File #: 22-0136
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Bonnie Hagan, Assistant City Manager / Community Services Director

1. SUBJECT
Appropriation of $4,063.64 in revenue from Community Garden plot leases.

2. SUMMARY
Collected revenues are recommended to be appropriated for Community Garden maintenance.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $4,063.64 in community garden plot fees into revenue account 100.7001.44210.20227 General Fund - Garden Plots.

2. Authorize the appropriation of $4,063.64 in the following expenditure account number 100.7001.51700.20227, General Fund - Garden Plots.

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
Community Garden Lease Revenue
The City owns and operates 48 community garden plots located at 254 North Main Street.

Summary of Revenue Sources
The total appropriation request is $4,063.64.

Revenue Source Appropriation Location
Garden Plot Leases and Deposits $ 4,063.64 Community Garden City of Orange Printed on 4/7/2022Page 1 of 2
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Item #: 3.11. 4/12/2022 File #: 22-0136

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.12. 4/12/2022 File #: 22-0191
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $19,405.69 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’srevenue budget $19,405.69 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 $19,405.69 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 4/7/2022Page 1 of 2
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Item #: 3.12. 4/12/2022 File #: 22-0191
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 Peak Fire for $19,405.69. 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 Peak Fire:
$ 19,405.69 100.3024.48212.40275 - Reimbursement from Cal EMA $ 19,405.69 100.3024.50221.40275 - Overtime-Safety

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.12. 4/12/2022 File #: 22-0191
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $19,405.69 in State of California Office of Emergency Services funding received.

3. RECOMMENDED ACTION

1. Accept into the City’srevenue budget $19,405.69 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 $19,405.69 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.

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 4/7/2022Page 1 of 2
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180
Item #: 3.12. 4/12/2022 File #: 22-0191
Medical Technician (EMT).

Staff recommends acceptance of revenue and appropriation of expenditures as follows:

Cal-OES reimbursements for the Peak Fire:
$ 19,405.69 100.3024.48212.40275 - Reimbursement from Cal EMA $ 19,405.69 100.3024.50221.40275 - Overtime-Safety

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.13. 4/12/2022 File #: 22-0198
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Appropriation of $60,000 in designated donation funding received from the Orange Public Library Foundation.

2. SUMMARY
This $60,000 donation will be used to purchase equipment to enhance and expand the Library’s technology for children.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget a $60,000 donation from Orange Public Library Foundation, into revenue account number 100.2001.48390.19322, General Fund - Orange Public Library Foundation.

2. Authorize the appropriation of $60,000 into expenditure account number 100.2004.55131.19322, General Fund - Orange Public Library Foundation.

4. FISCAL IMPACT
The total appropriations for this donation are funded by the additional revenue received from the Orange Public Library Foundation.

5. STRATEGIC PLAN GOALS
Goal 4: Provide outstanding public service
C: Enhance technology to improve public accessibility to information and services.

6. DISCUSSION AND BACKGROUND
The Orange Public Library Foundation is donating $60,000 to enhance and expand the Library’s technology for children. The donation will fund replacement of end-of-life AWE Learning Early Literacy Stations at the Orange Public Library & History Center, El Modena Branch Library, and Taft Branch Library. Funds will provide up to twelve bilingual Spanish computer stations featuring touchscreen monitors, child-friendly keyboards, and child-size mice as well as more than 85 pre- loaded S.T.E.A.M.-aligned educational software titles.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.13. 4/12/2022 File #: 22-0198
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Appropriation of $60,000 in designated donation funding received from the Orange Public Library Foundation.

2. SUMMARY
This $60,000 donation will be used to purchase equipment to enhance and expand the Library’s technology for children.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget a $60,000 donation from Orange Public Library Foundation, into revenue account number 100.2001.48390.19322, General Fund - Orange Public Library Foundation.

2. Authorize the appropriation of $60,000 into expenditure account number 100.2004.55131.19322, General Fund - Orange Public Library Foundation.

4. FISCAL IMPACT
The total appropriations for this donation are funded by the additional revenue received from the Orange Public Library Foundation.

5. STRATEGIC PLAN GOALS
Goal 4: Provide outstanding public service
C: Enhance technology to improve public accessibility to information and services.

7. ATTACHMENTS
· None
City of Orange Printed on 4/7/2022Page 1 of 1
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183
Agenda Item
City Council
Item #: 3.14. 4/12/2022 File #: 22-0218
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Appropriation of $2,500 in designated grant funding received from California Library Association and California State Library.

2. SUMMARY
Grant funds from California Library Association and California State Library will be used to enhance and expand the Library’s programming and resources for children and teens.

3. RECOMMENDED ACTION

1. Accept into the City’srevenue budget $2,500 in grant funds from California Library Association and California State Library into the following revenue account numbers in the General Fund:
$2,000 100.2001.45495.30121 - Lunch at the Library Grant $ 500 100.2001.45290.30120 - Día de los Niños/Libros Grant

4. FISCAL IMPACT
The total appropriation for these grants is funded by the additional revenue received from California Library Association and California State Library.

6. DISCUSSION AND BACKGROUND
The Orange Public Library has been awarded two grants for Fiscal Year 2021-2022 (FY22). All funds must be spent or encumbered by the end of December 2022.

With the Lunch at the Library Grant, California Library Association has generously provided $2,000 in support to our Library to ensure children’sbodies and minds are well-fed this summer. This program City of Orange Printed on 4/7/2022Page 1 of 2
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support to our Library to ensure children’sbodies and minds are well-fed this summer. This program is made possible through the dedication of trained Library staff and by a collaboration with Orange Unified School District, which also distributes food at lunchtime to other locations around the community. For many children in low-income communities, the stability and nutrition offered by the lunches they get at school ends with summer vacation. Summer meal programs like Lunch at the Library help combat childhood hunger and obesity by providing free, healthy meals to children in low- income neighborhoods while connecting them with library resources and programming. The COVID- 19 pandemic has added extra economic challenges for the community this year. This summer, children visiting El Modena Branch Library at lunchtime will receive a “graband go”lunch, “takeand make” crafts, free books, and a Summer Reading Club log to track their reading. Last year, the Library served 1,557 meals to children; families who participated in Lunch at the Library collectively experienced $6,100 in food savings.

With the Día de los Niños, Día de los Libros Grant, California State Library has generously provided $500 in support to our Library to develop and present annual programming and activities celebrating literacy, diversity, and Latin American culture. El Modena Branch Library will host a Día event on April 30 for families featuring storytime, games, and crafts. Children will also receive a free book to take home. Funds will also purchase multicultural titles for the Library’s picture book and storytime collections.

7. ATTACHMENTS
· None
City of Orange Printed on 4/7/2022Page 2 of 2
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Agenda Item
City Council
Item #: 3.14. 4/12/2022 File #: 22-0218
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Appropriation of $2,500 in designated grant funding received from California Library Association and California State Library.

2. SUMMARY
Grant funds from California Library Association and California State Library will be used to enhance and expand the Library’s programming and resources for children and teens.

3. RECOMMENDED ACTION

1. Accept into the City’srevenue budget $2,500 in grant funds from California Library Association and California State Library into the following revenue account numbers in the General Fund:
$2,000 100.2001.45495.30121 - Lunch at the Library Grant $ 500 100.2001.45290.30120 - Día de los Niños/Libros Grant

4. FISCAL IMPACT
The total appropriation for these grants is funded by the additional revenue received from California Library Association and California State Library.

6. DISCUSSION AND BACKGROUND
The Orange Public Library has been awarded two grants for Fiscal Year 2021-2022 (FY22). All funds must be spent or encumbered by the end of December 2022.

With the Lunch at the Library Grant, California Library Association has generously provided $2,000 in support to our Library to ensure children’sbodies and minds are well-fed this summer. This program City of Orange Printed on 4/7/2022Page 1 of 2
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support to our Library to ensure children’sbodies and minds are well-fed this summer. This program is made possible through the dedication of trained Library staff and by a collaboration with Orange Unified School District, which also distributes food at lunchtime to other locations around the community. For many children in low-income communities, the stability and nutrition offered by the lunches they get at school ends with summer vacation. Summer meal programs like Lunch at the Library help combat childhood hunger and obesity by providing free, healthy meals to children in low- income neighborhoods while connecting them with library resources and programming. The COVID- 19 pandemic has added extra economic challenges for the community this year. This summer, children visiting El Modena Branch Library at lunchtime will receive a “graband go”lunch, “takeand make” crafts, free books, and a Summer Reading Club log to track their reading. Last year, the Library served 1,557 meals to children; families who participated in Lunch at the Library collectively experienced $6,100 in food savings.

7. ATTACHMENTS
· None
City of Orange Printed on 4/7/2022Page 2 of 2
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Agenda Item
City Council
Item #: 3.15. 4/12/2022 File #: 22-0165
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Annual Sewer Line Cleaning and CCTV Video Inspection, and authorization to advertise for bids.

2. SUMMARY
Plan and specifications have been completed and the project is ready to advertise for bids. The total estimated cost is $500,000.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for bids for Annual Sewer Line Cleaning and CCTV Video Inspection; Bid No. 21-22.33.

4. FISCAL IMPACT
The total estimated expenditure for this project is $500,000 and will be funded in the Sewer Cleaning and Video (15509) project through the Sanitation Fund (220) upon approval of the Fiscal Year 2022- 2023 budget.

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
The City’sSanitary Sewer Management Plan requires routine cleaning and video inspection of the City’s approximately 312 miles of sewer line in order to mitigate sewer spills and to stay in compliance with the State Water Resources Control Board (SWRCB) Order No. 2006-0003- DWQ entitled Statewide General Waste Discharge Requirements for Sanitary Sewer Systems and its Monitoring and Reporting Program (MRP) amendment WQ 2013-0058-EXEC. In addition, the data gathered during video inspection of the sewer lines is used to identify infrastructure deficiencies and plan for Capital Improvement Program (CIP) projects.

In order to keep up with the maintenance of over 312 miles of sewer lines and approximately 7,045 sewer manholes, the City has been using an outside contractor to conduct a portion of the required sewer line cleaning and video inspection. The contract with the current service provider will expire on City of Orange Printed on 4/7/2022Page 1 of 2
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sewer line cleaning and video inspection. The contract with the current service provider will expire on June 30, 2022. Upon approval of the Fiscal Year 2022-2023 budget, funds will be available in the CIP and will be budgeted for this work.

This authorization to advertise will allow the City to solicit bids for the necessary work without a lapse in service. The bid solicitation will be for a three-year contract with two possible extensions. This will allow the City to secure the cleaning and video inspection services through Fiscal Year 2025.

7. ATTACHMENTS
· Scope of Work
City of Orange Printed on 4/7/2022Page 2 of 2
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189
Agenda Item
City Council
Item #: 3.15. 4/12/2022 File #: 22-0165
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Annual Sewer Line Cleaning and CCTV Video Inspection, and authorization to advertise for bids.

2. SUMMARY
Plan and specifications have been completed and the project is ready to advertise for bids. The total estimated cost is $500,000.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for bids for Annual Sewer Line Cleaning and CCTV Video Inspection; Bid No. 21-22.33.

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.

In order to keep up with the maintenance of over 312 miles of sewer lines and approximately 7,045 sewer manholes, the City has been using an outside contractor to conduct a portion of the required sewer line cleaning and video inspection. The contract with the current service provider will expire on City of Orange Printed on 4/7/2022Page 1 of 2
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sewer line cleaning and video inspection. The contract with the current service provider will expire on June 30, 2022. Upon approval of the Fiscal Year 2022-2023 budget, funds will be available in the CIP and will be budgeted for this work.

7. ATTACHMENTS
· Scope of Work
City of Orange Printed on 4/7/2022Page 2 of 2
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City of Orange
Scope of Work
Sewer Lines
1 SCOPE OF WORK
Sewer Line Cleaning, Video Inspection, and Emergency
Response Services Project
Background: The City of Orange, located in Orange County, California, is a public agency responsible for collecting, and safely disposing of wastewater and its residuals for its residents and businesses. The City's sewer system consists of a network of local collectors and trunk mains.

Sewage from Orange is ultimately discharged into the Orange County Sanitation District lines at various locations along its boundary. In addition, sewage from the City of Villa Park enters the Orange system at one location on its eastern boundary . The City has two small pump stations.

Maintenance of the pump station is not a part of the requested services.

In May, 2010 the City adopted its Sanitary Sewer Management Plan (SSMP) to meet the requirements of The State Water Resources Control Board (SWQCB) Order No. 2006 -0003- DWO entitled STATEWIDE GENERAL WASTE DISCHARGE REQUIREMENTS FOR SANITARY SEWER SYSTEMS. The selected service provider will become an important team member to assist the City in meeting the requirements of the Operation and Maintenance Program, Overflow Emergency Response Plan as well as the Monitoring and Reporting elements of the SSMP.

The City intends to enter into a not-to-exceed Agreement for three years with up to two year extensions at the discretion of the City. The annual budget for the services describe herein is set at $500,000.00 per year. Work will be assigned to the Service Provider monthly and paid at the unit price as listed by the selected Proposer in the Bid Schedule below, not-to-exceed$500,000.00 per year.

The successful Service Provider shall provide sewer line cleaning and video inspection services for various locations without the City. In addition, as required and requested by the city, the Service Provider shall provide emergency response service in accordance with established City procedures. The Service Provider shall perform the following tasks as assigned by the City:
 (Bid Item #1) Sewer line cleaning of “hot spots” – sizes, locations, and schedule as shown in Attachment A. Service Provider shall conduct cleaning as scheduled (e.g. every 3 months, every 6 months, etc.) to include designated nighttime cleaning as shown on Attachment A.

Segments designated to be cleaned every 3 months shall be cleaned at least 4 times per City fiscal year (July 1 – June 30) and segments designated to be cleaned every 6 months shall be cleaned at least 2 times per City fiscal year (July 1 – June 30). See below for specific requirements.
 (Bid Items #2 and #3) Routine sewer line cleaning – various pipe sizes and locations as assigned by the City. Service Provider shall conduct cleaning as directed by the City’s representative on a per unit price basis for sewer lines on residential or arterial streets. See below for specific requirements.
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2  (Bid Items #4 and #5) Sewer line video inspection – various pipe sizes and locations as assigned by the City. Service Provider shall conduct video inspection as directed by the City’s representative on a per unit price basis for sewer lines on residential or arterial streets. See below for specific requirements.
 (Bid Items #6 and #7) Sewer line video inspection with flow bypass/plugging – various pipe sizes locations as assigned by the City. Service Provider shall conduct video inspection as directed by the City’s representative on a per unit price basis for sewer lines on residential or arterial streets. See below for specific requirements.
 (Bid Items #8) Sewer line cleaning and video inspection – various pipe sizes and locations as assigned by the City. Service Provider shall conduct cleaning and video inspection of various locations as directed by the City’s representative on a per unit price basis. See below for specific requirements.
 (Alt. Bid Items #1, #2 and #3) Emergency response services – various locations as assigned by the City. The Service provider shall provide emergency response on an on-call basis within the time designated below. Payment will be based upon an hourly rate for three different, fully equipped, crew sizes. Specifically a one man, a two-man crew and a three-man crew. A two hour minimum shall apply for all calls and to include travel time. Costs associated with material used during an emergency response will be reimbursed by the City at cost. Prior approval by the City’s representative for material used and receipts are required for reimbursement.

General Information:

Service Provider Requirements – The Service Provider's supervisor(s) performing the work must be qualified to perform the work as noted in these specifications and have a minimum of five- (5) years experience in cleaning and video inspection of sewer line. All operators shall be National Association of Sewer Service Companies (NASSCO) certified by passing the three day Pipeline Assessment and Certification Program (PACP). The methodology of evaluation, data collection, condition indexing, and reporting criteria used for the NASSCO certification shall be practiced for all work in this Contract.

City Sewer Facilities Map – A copy of the City Sewer Existing Facilities Map is available for review at the Public Works Counter, 300 East Chapman Ave, Orange, CA 92866). Upon award of a contract, the Service Provider will be given a copy of the City Sewer Atlas Maps that give line size and slope as well as manhole IDand depth. City sewer lines are VCP and PVC, and range in sizes from 6 to 30 inches in diameter.
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3 Sewer Line Cleaning:
“Hot Spot” Cleaning Overview – The Service Provider shall furnish all labor, materials, equipment and incidentals necessary for the cleaning of sewer lines and manholes identified as “hot spots” per Attachment A. “Hot spot” cleaning will be continuous throughout the contract duration based upon the schedule provided in Attachment A. The Service Provider shall be responsible for the removal of debris from the sewer pipeline and manholes, and shall take all the necessary steps to ensure that no spills of any sewage occur. Pipeline debris is described as, but not limited to, grit, sludge, dirt, sand, rocks, grease, roots, and other solid or semisolid materials.

Cleaning shall occur as scheduled (e.g. every 3 months, every 6 months, etc.) to include designated nighttime cleaning as shown on Attachment A. Segments designated to be cleaned every 3 months shall be cleaned at least 4 times per City fiscal year (July 1 – June 30) and segments designated to be cleaned every 6 months shall be cleaned at least 2 times per City fiscal year (July 1 – June 30).

Routine Cleaning Overview – The Service Provider shall furnish all labor, materials, equipment and incidentals necessary for the cleaning of sewer lines and manholes as requested by the City on a case by case basis. The Service Provider shall be responsible for the removal of debris from the sewer pipeline and manholes, and shall take all the necessary steps to ensure that no spills of any sewage occur. Pipeline debris is described as, but not limited to, grit, sludge, dirt, sand, rocks, grease, roots, and other solid or semisolid materials.

Cleaning Equipment for “Hot Spot” and Routine Cleaning – A Combination of high-velocity hydro-cleaning and vacuum removal equipment shall be utilized and shall have the following features as a minimum:
 A minimum of 600 feet of 1-inch diameter high pressure hydro flushing hose.  A dual degree nozzle with 6 jets at 15 degrees and 6 jets at 45 degrees is preferred for normal cleaning. A comparable nozzle may be used upon approval by the City. In addition, a grease nozzle and penetrating head nozzle shall be available. Nozzle skids shall be used for the appropriate size of pipe being cleaned. The nozzle used for normal cleaning shall be specifically sized for the jetter pump used for this contract. Nozzle specifications with orifice size shall be submitted to the City for review and approval based upon pipe size.

Worn nozzles (orifice size .005" over) shall not be used. The City shall have final determination on the nozzle size used at no additional cost to the City.  At least one root cutter attachment for 6" pipe and above.  A high-pressure handgun for washing and cleaning manhole walls, channels, shelves, and manhole cover frames.
 A 1,500-gallon minimum water tank, pump and a hydraulically driven hose reel.  Equipment operational controls located above ground.
 Minimum working pressure of 1,200 pounds per square inch at 65 G.P.M. rate.  Centrifugal or positive displacement blower vacuum equipment suitable to remove all debris at the downstream manhole while the hydro flushing is being performed.  Two (2) two-way hand held radios for communication in easements.  Small hand tools for changing fittings and removing bolt down manhole covers.  Spill containment equipment.
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4  Rakes, screens and all necessary hand tools necessary to capture larger debris.

Cleaning Precautions – During sewer cleaning operations, sat isfactory precautions shall be taken in the use of cleaning equipment to ensure that the water pressure or head created does not damage or cause flooding of public or private property being served by the sewer. Care shall be exercised in the selection and use of the cleaning tools to avoid pipe damage. The Service Provider shall be responsible for all costs of repairs and/or clean up to City owned or private property to the City's satisfaction. Use of a nozzle skid is required to prevent accidental entry of nozzle into house connections. Specific locations within the City shall be cleaned with a reduced psi as directed by the City designated representative(s) in order to avoid damage to private property.

Reduced psi methods will not absolve the Service Provider from cleaning said locations to the standards required in this RFP.

Sewer Cleaning Procedures –
Hot Spots: Cleaning shall occur per the schedule provided in Attachment A. Prior to start of work each fiscal year (July 1 – June 30) the service provider shall hold a "kick-off' meeting with the City’s designated representative(s) to determine the start date and segment sequence of “hot spots”. The Service Provider shall prepare a map showing the proposed cleaning sequence by day of work for discussion at the meeting. No work shall start until the cleaning sequence has been approved by the City . Subsequent proposed revisions to the sequence shall be approved by the City prior to commencement of work.

Routine: Cleaning shall be conducted on an as needed basis as requested, in writing, by the City.

Prior to start of work the service provider shall hold a "kick-off' meeting with the City’s designated representative(s) to determine the start date and segment sequence. The Service Provider shall prepare a map showing the proposed cleaning sequence by day of work for discussion at the meeting. No work shall start until the cleaning sequence has been approved by the City .

Subsequent proposed revisions to the sequence shall be approved by the City prior to commencement of work.

Hot Spot and Routine Cleaning:

The designated sewer line segments will be cleaned using combination high-velocity jet with vacuum removal. The normal cleaning operation shall be to jet from the downstream manhole towards the upstream manhole thereby pulling any debris back to the downstream manhole.

Pullback rate on jetting shall not be greater than 40 feet per minute. If, after the initial cleaning, debris is encountered, the entire run shall be made repeatedly until debris is no longer present. At any sign of significant dirt and gravel the cleaning operation for that pipe shall cease and the City shall be notified of a possible line break.

Once the appropriate traffic control has been placed by the Service Provider, the Service Provider shall wash the upstream manhole with the high-pressure water gun while being cautious not to spray any surrounding vehicles or pedestrians. All manholes, except for inaccessible manholes, shall be washed and any loose debris shall be removed. Evidence of unwashed manholes shall result in re-cleaning of that pipe segment. Any major defects in the manhole or the frame and cover 195
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Scope of Work
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5 shall be noted and brought to the attention of the City for remedy. No debris from the cleaning work shall be left on the roadway.

The equipment shall be capable of removing dirt, grease, roots, grit and other materials and obstructions from the sewer lines and manholes. If cleaning of an entire section cannot be successfully performed from the downstream manhole, the equipment will be set up on the upstream manhole and cleaning will again be attempted . If successful cleaning aga in cannot be performed or the equipment fails to traverse the entire manhole section, it will be assumed that a major blockage exists and the Service Provider will notify the City representative of this condition immediately for further instructions.

The Service Provider shall be prepared to use root saw tools on the segments to be cleaned as needed. Lines where root sawing is performed shall upon CCTV inspection have no more than one half inch of root stub present. Longer lengths of roots remaining shall result in a repeat root sawing effort at no additional cost to the City. Root cutting shall be part of the unit price for bid items requiring cleaning. No separate payment will be made for root cutting.

For pipeline segments with extremely steep slopes, where the jetter nozzle fails to climb to the upstream manhole the cleaning method shall be to jet from the upstream manhole down slope for washing purposes. Then, jet from the downstream manhole upslope so that the cleaning directions overlap. Water for cleaning will be from the closest available fire hydrant. The Service Provider will make arrangements with the City’s Water Division for the water meters and any other equipment needed to obtain water from the local fire hydrant. The Service Provider shall obtain a no-fee permit from the Water Division prior to using any City water. There will be no cost to the Service Provider for City water used for sewer line cleaning within City right-of-way and City owned easements.

Line cleaning sequence cannot be changed such that debris from upstream reaches will be deposited into recently cleaned downstream reaches. If this is found to occur, The Service Provider will re-clean the downstream reaches at no cost to the City.

Material Removed – The Service Provider shall be responsible for the removal of debris from the pipeline and cleaning and/or re-cleaning the pipe wall to the satisfaction o f the City . All grit, sludge, dirt, sand, rocks, roots, grease and other solid or semisolid material resulting from the cleaning operation shall be removed at the downstream manhole of the section being cleaned.

Passing material from manhole section to manhole section, which may cause line stoppages, shall not be permitted.

Lines shown by CCTV to contain root balls or other debris that may potentially cause a stoppage, that were reported to have been cleaned, may require an emergency call-out by the Service Provider to remove the debris, at no additional charge to the City. The Service Provider shall respond to the site once contacted within one (1) hour . If unable to be contacted or not able to be on site within the hour response time the City will make other arrangements to clean the area and back charge the Service Provider for all costs incurred.

Material Disposal – Liquids shall be decanted and drained back to the sewer. All solids or 196
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6 semisolid resulting from the cleaning operations will be removed from the work site and disposed of by the Service Provider at a legally acceptable site. The amounts and disposal dates shall be reported to the City as part of a monthly cleaning submittal to the City by the Service Provider.

All materials will be removed from the work site at the end of each workday. Under no circumstances will the Service Provider be allowed to accumulate debris, etc. on the site of work or at City owned facilities beyond a single workday, except in totally enclosed leak and odor proof containers and as approved by the City.

Television Inspection - After each weekly cleaning report submittal, the City may select up to 10% of the total footage cleaned for closed circuit television (CCTV) inspection by the City or an independent CCTV contractor on a random basis to determine the effectiveness of the cleaning operations. The CCTV inspection shall occur within one week of receiving the cleaning submittal.

Pipeline segments found to be unacceptably cleaned during the CCTV review shall be re-cleaned by Service Provider at no cost to the City. CCTV inspections resulting in more than 10% of the pipeline being unacceptably cleaned shall result in the entire pipeline included in the work being re-cleaned at no cost to the City. Any line segments requiring re-cleaning will be 100% CCTV reviewed. Any additional CCTV cost will be paid by the Service Provider. No further scheduled cleaning shall take place until all unacceptable pipeline segments are re-cleaned to the satisfaction of the City.

Submittals – Submittals, except for payment invoices, may be made electronically through e-mail or by hard copy. As previously mentioned the Service Provider shall submit: (1) a work cleaning schedule; (2) a monthly submittal of cleaned pipe listing the line segmentsand footages, any defective manhole structures including frames, covers, and caps; and (3) dates and amounts of debris disposal. Format of the submittals shall be reviewed and approved by the City prior to the initial submittal.

Sewer Line Video Inspection:

Video Inspection Overview – The Service Provider will furnish all labor, materials, equipment and incidentals necessary for the video inspection of various lengths and sizes of sanitary sewers located throughout Orange. Videos submitted to the City shall be a computer compatible file for a Microsoft Windows based operating system. The City utilizes the Granite GNET Premium software package. The Service Provider shall provide data and reports compatible to the City’s system/software.

During video inspecting only, the sewer lines will be assumed to have been cleaned sufficiently for the camera to pass through the pipe. No additional charge shall be incurred by the City for video inspection in conjunction with sewer cleaning under this Contract if excessive debris prohibits the camera from successfully inspecting the pipe section.

Sewer Line Video Inspection – A color video will be made of the inspection and submitted to City's representative(s), along with the required Inspection Report and log sheets. In addition, a digital CD will be submitted showing only the noted defects (JPEG format).

Inspection shall be done during low flow periods, unless otherwise directed by The City. The 197
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7 Service Provider shall divert gravity flows, when necessary. The Service Provider shall submit diversion plans to the City for review and approval at least 10 days prior to work.

Equipment – Video inspection equipment shall include video cameras, a video monitor, cables, power sources, and all equipment necessary to perform a video inspection per the Contract Documents. A backup camera shall be provided onsite at all times. The camera shall be specifically designed and constructed for the sanitary sewer. The camera will be operative in 100% humidity conditions. CCTV inspections shall be performed using Pan-and-Tilt camera (with a minimum of 360x270-degree rotation) video system. The camera and video monitor shall produce a minimum 460 lines of resolution. Illumination sensitivity shall be 3 lux or less. During inspection, lighting intensity shall be adjusted to minimize reflective glare. Lighting and picture quality shall be adjusted to provide a clear, in-focus picture of the entire periphery of the pipeline for all conditions encountered. Camera focal distance shall be adjustable through a range from 25mm (1 inch) to infinity.

Manual winches, power winches, TV cable powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation of the sewer conditions shall be used to move the camera through the sewer line. Whenever non-remote powered and controlled winches are used to pull the television camera through the line, telephones, radios or other suitable means of communication, will be set up between the two manholes of the section being inspected to ensure that adequate communications exist between the members of the crew.

Service Provider shall have camera cables, power cords, and ancillary equipment capable of recording reaches of up to 1500 feet in one direction.

Video Inspection Procedure – The camera shall be lowered into the manhole and placed into the pipe. The camera cable shall be retracted to remove slack to ensure an accurate footage reading.

The cable footage-counter shall be reset to the distance between the centerline of the manhole and the front lens of the camera. The camera shall move through the pipeline in a downstream direction, whenever possible, at a maximum uniform rate of 30 feet per minute for all sewers. The cable footage-counter shall measure the distance between each inspection segment from centerline to centerline. The counter shall be accurate to less than one percent error over the measured distance.

The camera shall stop at all significant observations to ensure a clear and focused view of the pipe condition. The observations shall also be noted on the inspection report with stationing referenced.

These observations shall include, but not be limited to:
 Laterals - open or sealed
 Laterals - protruding or defective
 Cracks
 Offset joints
 Open joints
 Sags
 Line deviations
 Siphons
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8  Missing sections
 Infiltration
 Debris
 Grease
 Roots
 Vermin
 PVC liner or weld strip defects
Operator shall provide a 360-degree pan of all manholes. The camera lens shall be kept clear of condensation and debris. Recorded footage showing steam, inadequate lighting, or other poor image quality will be cause for rejection and non-payment by the City.

Reverse Setup: If during the inspection ope ration the television camera cannot pass through the entire manhole section (obstruction, etc.), the Service Provider will again set up his equipment in a manner so that the inspection can be performed from the opposite manhole. If the camera again fails to pass through the entire section, the Service Provider will notify the City representative(s) immediately for fu rther instructions. The cost for a reverse set up shall be included in the unit price provided.

Sewer Flow Control – The maximum Depth of Flow for video inspections are:
 6" -10" Pipe 20% of pipe diameter
 12" - 24" Pipe 25% of pipe diameter
 27" & up Pipe 30% of pipe diameter
When, after any possible flow diversions have been made, and at low flow hours, the depth of flow is greater than recommended for video inspection, the Service Provider shall reduce flow by plugging or bypassing the flow. All plugging and/or bypassing shall be previously coordinated with and approved by the City at least 10 working days prior to the start of each job.

Spill Reporting and Handling – In the event of any Service Provider related overflow or interruption/ backup of customer service, the Service Provider shall immediately notify the City’s representative and for after hours notification call (714) 538-1961, and shall contain and eliminate the overflow. Service Provider shall be responsible for any fines levied by others, reimbursement of any agency incurred costs, damage, cleanup, restoration of flow, and any disruption of service costs to customers as a result of Service Provider's work. This is in addition to any and all costs incurred by the customer.

Video Inspection Report and Video Recording – Upon completion of the video inspection, the Service Provider shall provide the agency with an Inspection Report that includes the following:
 Brief summary of the work performed.
 Summary list of all pipeline segments inspected (i.e. manhole to manhole).  Inspection reports (log sheets) of each segment.
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9  All original recordings (videotapes, etc.).
 Summary list of recorded observations and defects.
 If requested, photos of major defects for each pipeline segment (in JPEG format).  Sewer maps and plans provided by the City to the Contractor for purposes of the inspection.

Minimum documentation shall consist of the Video Recording(s) and the Inspection Report.

Videos submitted to the City shall be a computer compatible file for a Microsoft Windows based operating system. The Inspection Report for each segment shall be as specified above and shall contain the following as directed by the City:

1. Agency project or Contract number

2. Video date

3. Video time

4. Weather condition

5. Service Provider name

6. Service Provider job number

7. Operator(s) name

8. Street name or location

9. Cross street name or location

10. Surface material (asphalt, concrete, dirt, etc.)

11. Construction drawing number and sheet number

12. Manhole number (access point) - up stream

13. Manhole number (access point) - down stream

14. Manhole to manhole segment number

15. Manhole depth - up stream

16. Manhole depth - down stream

17. Basin or Area (Service Area)

18. Direction of camera

19. Pipe - size

20. Pipe - shape

21. Pipe - material (and coating, if applicable)

22. Pipe - footage centerlines ( on plan or map, if available)

23. Pipe - footage centerlines (on Video)

24. Pipe - flow up (percent of pipe at inlet or height of flow)

25. Pipe - flow down (percent of pipe at outlet or height of flow)

26. Pipe - joint lengths in feet

27. Video number

28. CD number

29. Observation descriptions

30. Schematic of pipeline showing laterals and observations and footage

31. Clock position of noted observations

32. Photographs of major defects or typical pipe condition

33. Notice of severely worn manhole covers

34. Notice of severely deteriorated manhole concrete structures

35. Notice of severely deteriorated manhole liners or coatings 200
City of Orange
Scope of Work
Sewer Lines
10 36. Sewer pre-cleaned prior to inspection? (Yes or no)

37. Purpose of survey

38. Condition Index – NASSCO’s PACP system shall be used for each segment of sewer line The Service Provider shall use the National Association of Sewer Service Companies (NASSCO) defect coding and rating system on the Inspection Report and also the Summary List of Recorded Defects. Color video recordings of the data on the television monitor shall be made by the Service Provider, copies of which shall be provided to the City.

Initial Screen Text – Each pipe segment (manhole to manhole) shall be identified with an initial screen text and voice recording and shall include the following:
 Agency project or contract number
 Video date
 Video time
 Weather history
 Service Provider name
 Service Provider operator name(s)
 Street location name
 Manhole number - up stream
 Manhole number - down stream
 Direction of camera - with or against flow
 Pipe material(s) - as specified on plans
 Pipe footage - as specified on plans
 Pipe size - as specified on plans
 Tape number
 Agency representative's name
Running Screen Text – During the CCTV inspection, the running screen shall show the running footage (distance traveled) and the following text information at the bottom of the screen:

1. Manhole number - up stream

2. Manhole number - down stream

3. Pipe size

4. Pipe length

5. Date

6. Time of day
The format of the above text information shall be as shown in the following example :
"MH32_001/MH32_002 (12"-410') 4/18/01-10:20A.M." Manhole numbers will be provided by the City from maps or plans.

Ending Screen Text – At the end of each pipe segment, an ending screen text shall include the following:
201
City of Orange
Scope of Work
Sewer Lines
11 1. "End of segment inspection"

2. Condition that prevented complete inspection, if applicable The City representative shall review and approve the screen layout prior to the first inspection on this contract. The display on the screen shall be temporarily moved or turned off as required to obtain the highest quality documentation on the pipeline defects.

Video Recording Labels – Each video recording may contain one or more pipe segments. The video recordings shall have labels affixed to both the top and edge. Both labels shall be printed.

Hard drives or CDs shall have the "top" label affixed to the outside of the hard drive or CD case.

The top label shall contain the following text information:
1 Agency project or contract number

2. Summary of pipeline segment(s) each listing shall show:
 Manhole number - up stream
 Manhole number - down stream
 Footages - plan & video
 Tape number
 Dates of video
 Service Provider name
The edge label for videos shall contain the following printed text:

1. Agency project or contract number

2. Tape number

3. Date of Video
The "edge" label for CDs shall be these items printed on the CD.

The City Equipment and Labor – City equipment and labor, except for the City’s representative to monitor the work, shall not be utilized at any time.

Manhole Covers – As directed by the City, the Service Provider shall re-plug all manhole pick- holes that were previously plugged within 24 hours after work is completed. The City shall review and approve the plugging material. Work area around the manhole is to be swept clean of all debris.

Emergency Response Service:

Emergency Response Requirements for SSO's – The Service Provider shall provide emergency response services when notified by the City that a Sanitary Sewer Overflow (SSO) has occurred. The Service Provider shall dispatch appropriate crews to assist the City as directed with the containment, clean-up and correction of the SSO per the City SSO Emergency Response Procedures (copy attached). Crews shall be at the site within one hour of notification. The Service Provider shall provide the City with 24-hour phone numbers. When requested by the City, the Service Provider shall provide the City 202
City of Orange
Scope of Work
Sewer Lines
12 representative with appropriate information to assist the City in the completion of the required reports. Emergency SSO Response will be paid at the unit price, per hour, in the Contract. The Service Provider may be required to conduct point repairs during emergency responses.

Permission to use material for repairs shall be obtained prior to installing material. Payment for the material used shall be invoiced to the City with no additional mark-up. A copy of receipts for material shall be provided.

Other Items: The following items shall be including in the Service Providers’ bid.

No separate payment will be made for these items.

Combined Services – When combined services are performed by the Service Provider (e.g. sewer line cleaning and video inspection), the requirements for each section listed above shall be included together.

Work Hours/Noise Requirements – Other local agencies having jurisdiction may impose limited work hours and nighttime schedules to accomplish the work. Service Provider is required to obtain the requirements and to work within those hours of operation and to provide necessary equipment to meet local noise restrictions that may be imposed. The Service Provider shall be familiar with and know the City’s noise restrictions. Work crews may be on City residential streets from 7:00 AM to 4:00 PM , and City arterial streets from 9:00 AM to 3:00 PM, Monday through Thursday and Friday’s in which the City’s administrative office is open. A copy of the City’s schedule will be provided to the awarded Service Provider.

Night work shall be accomplished between 9:00PM and 6:00AM Monday through Thursday. No night work will be allowed on Friday’s. Nighttime work shall be coordinated with and approved by the City’s representative at least 10 working days in advance of the work.

Permits and Access – The Service Provider shall acquire and pay for the encroachment permit(s) required by the local Cities, County, Caltrans, or other local agencies when work and/or traffic control is necessary on their right-of-ways . Operations within the City of Orange right-of-way will require no-cost encroachment permit(s). It is the responsibility of the Service Provider to obtain all necessary permits.

For work within City easements on private property notice must be given to the property prior to entering the property. The Service Provider shall prepare and deliver a notice to each property a minimum of five calendar days prior to the day of work. Prior to working in the easements the Service Provider shall meet with the City representative(s) to discuss the locations, access issues, manhole locations or any special conditions regarding the locations.

Spill Reporting and Handling - Service Provider shall immediately notify the City representative of any manhole overflow or interruption/backup of customer service and Service Provider shall contain and control all overflow. Spill control and notifications shall be in accordance with the City's SSO Emergency Response Procedures (copy attached).

Service Provider shall be responsible for any fines levied by others, reimbursement of any agency incurred costs, damage, cleanup, restoration of flow, and any disruption of service costs to 203
City of Orange
Scope of Work
Sewer Lines
13 customers as of a result of Service Provider's work. This is in addition to any and all costs incurred by the customer.

Confined Space Issues and Safety Issues – All manholes in this work are defined as Title 8 Permit Required Confined Spaces. The Service Provider's attention is directed to the General Industry Safety Orders of the State of California, Article 108, Confined Spaces, Section 5157 (Title 8 of California Code of Regulations, Sections 5167, 5157, 5158).

All work shall be conducted from above ground. Manhole entry, if required, shall be conducted in strict accordance with required confined space entry regulations. These regulations include, at a minimum: entry permit, trained authorized entrant(s), attendant(s), entry supervisor(s), full body harness (with life line), mechanical retrieval device, continued force air ventilation, continuous air monitoring, communication system (minimum two types), and all other protective equipment that may be required . Work shall be conducted in accordance with all Federal, State, and local laws and regulations.

Traffic Control – All traffic control requirements (traffic control plan(s), equipment, material, and labor) are the responsibility of the Service Provider. All traffic control shall be in accordance with the latest APWA Work Area Traffic' Control Handbook (WATCH) and City regulations and based on the speed limits posted in the work zones. Flagmen may be required in some locations. Service Provider shall apply for all traffic control permits and pay all fees and permits for said permits for work outside the City’s jurisdiction. The Service Provider shall obtain a no-fee permit(s) from the City of Orange for work within the City’s right-of-way. Safe and adequate pedestrian and vehicular access shall be provided in accordance with Section7-10 of the Standard Specifications for Public Works Construction, latest Edition.

Work Plan – The Service Provider shall prepare a weekly work plan and submit it seven calendar days in advance to the City representative for review and approval. The work plan shall verify the sequence of work and identify all the line sections to be worked on. The work plan may be amended due to weather or local road maintenance or construction issues discovered by either party.

Work Documentation – Weekly reports based on the work plan shall be submitted for City review on Thursday of the weekly period. Service Provider's log sheets, with a section by section breakdown including comments, shall be maintained on site, in a legible manner, for review at all times. Comments on log sheets shall include notice of badly worn manhole frames and covers, broken manhole caps, buried manholes, unmapped manholes, badly deteriorated manhole concrete structures, and shall include the type and amount of debris encountered.

Service Provider Crew – The Service Provider shall provide a minimum of a two-person crew at all times, one person shall witness the jetting nozzle reaching the upstream manhole. A crew of three shall be utilized for all work in confined spaces. Additional personnel shall be utilized when needed for traffic control flagmen.

The Service Provider's foreman must be able to communicate both verbally and in writing (in English) with City staff as well as with his crew. The Service Provider'sforeman must demonstrate 204
City of Orange
Scope of Work
Sewer Lines
14 the capability to read, interpret, and understand the Safety/OSHA requirements, City's plans, drawings, specifications and work direction, as necessary.

Employees of the Service Provider and sub-contractors must carry proper company identification at all times. Vehicle and equipment used by the Service Provider and/or sub-contractors shall be clearly marked with Company information, to include, at a minimum, Company name, contractor license number, and telephone number.
205
City of Orange
Scope of Work
Sewer Lines
15 Bid Schedule – Prices shall include all items as outlined in the scope of work above. No separate payment shall be made for additional items required to complete the work as outlined. Some quantities of sewer line have been estimated. Actual lengths shall be determined by the City during the Agreement Term. Payment shall be made at the unit price provided, regardless of the number of units performed. The Agreement shall be a not-to-exceed contract of $300,000 per year.

Item No. and brief description Quantity (quantities marked with an “E” are annual estimates.

Actual totals will vary)
Unit Price (to be
written in words)
Unit Price (in
numbers)
Total
(Item #1) Sewer line cleaning of
“hot spots” – sizes, locations, and
schedule as shown in Attachment A.
1 Lump Sum
$ $
(Item #2) Routine sewer line
cleaning – various pipe sizes and
locations as assigned by the City.

Residential Streets
40,000 Lineal Feet (LF)
$
Per LF
$
(Item #3) Routine sewer line
cleaning – various pipe sizes and
locations as assigned by the City.

Arterial Streets
70,000 Lineal Feet (LF)
$
Per LF
$
(Item #4) Sewer line video
inspection – various pipe sizes
locations as assigned by the City.

Residential & Arterial Streets
65,000 Lineal Feet (LF)
$
Per LF
$
(Item #5) Sewer line video
inspection with flow bypass/
plugging – various pipe sizes
locations as assigned by the City.

Residential Streets
1,000 Lineal Feet (LF)
$
Per LF
$
206
City of Orange
Scope of Work
Sewer Lines
16 Item No. and brief description Quantity (quantities marked with an “E” are annual estimates.

Actual totals will vary)
Unit Price (to be
written in words)
Unit Price (in
numbers)
Total
(Item #6) Sewer line video
inspection with flow bypass/
plugging – various pipe sizes
locations as assigned by the City.

Arterial Streets
1,000 Lineal Feet (LF)
$
Per LF
$
(Item #7) Sewer line cleaning and
video inspection – various pipe sizes
and locations as assigned by the
City. Residential Streets
150,000 Lineal Feet (LF)
$
Per LF
$
(Item #8) Sewer line cleaning and
video inspection – various pipe sizes
and locations as assigned by the
City. Arterial Streets
40,000 Lineal Feet (LF)
$
Per LF
$
(Alt. Bid Item #1) Emergency
response services – various locations
as assigned by the City. (2 hour
minimum)
1-Man Crew with equipment.

Hourly Rate
$
Per HR
$
A(lt. Bid Item #2) Emergency
response services – various locations
as assigned by the City. (2 hour
minimum)
2-Man Crew with equipment.

Hourly Rate $
Per HR
$
207
City of Orange
Scope of Work
Sewer Lines
17 Item No. and brief description Quantity (quantities marked with an “E” are annual estimates.

Actual totals will vary)
Unit Price (to be
written in words)
Unit Price (in
numbers)
Total
(Atl. Bid Item #3) Emergency
response services – various locations
as assigned by the City. (2 hour
minimum)
3-Man Crew with equipment.

Hourly Rate
$
Per HR
$
TOTAL (sum of Bid Items 1
through 12)
$
Insert full name of Corporation (or General
Partnership, Limited Partnership, Limited Liability
Company, Sole Proprietorship): Date:

If sole proprietorship, doing business as:

By: By:

Printed
Name: Printed Name:

Title: Title:
208
Agenda Item
City Council
Item #: 3.16. 4/12/2022 File #: 22-0194
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Katella Avenue Street Rehabilitation; and authorization to advertise Bid No. 21-22.34.

2. SUMMARY
Plans and specifications have been completed and the Katella Avenue Street Rehabilitation (SP- 4144) is ready to be advertised for bids. The total estimated construction cost including 15% for contingencies and construction engineering is $868,000.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for bids for Katella Avenue Street Rehabilitation.

4. FISCAL IMPACT
The total expenditure for this contract is $868,000 and will be funded in Katella Avenue Street Rehabilitation (30167) through Measure M2 (263).

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
Katella Avenue from SR-55 to Harding Street pavement falls in the “poor”pavement condition category according to the City’sPavement Management Plan. Thus, the rehabilitation is necessary for the roadways with this pavement condition to prevent total pavement failure in the future. The Public Works Department has completed the preparation of construction plans and bid documents for the rehabilitation of Katella Avenue from SR-55 to Harding Street and is requesting authorization to advertise and receive public bids for the street rehabilitation work.

The improvements will include the cold milling of existing asphalt concrete pavement, asphalt concrete overlay, replacement of failed pavement areas, replacement of broken curb and gutter, reconstruction of ADA ramps to conform to federal guidelines, reconstruction of cross gutter and spandrel, adjusting utility covers to grade, and restriping the roadway. In addition to roadway surface City of Orange Printed on 4/7/2022Page 1 of 2
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Item #: 3.16. 4/12/2022 File #: 22-0194
spandrel, adjusting utility covers to grade, and restriping the roadway. In addition to roadway surface improvements, this project will include improvements to the existing landscaped raised median with modifications to the irrigation system and landscaping.

Currently, the median island along Katella Avenue consists of tall pine trees, shrubs and wilted ground cover. The existing landscaping and irrigation lines were installed many decades ago and are in need of improvement. Since the tall pine trees are established, these trees will be protected in place. The shrubs, ground cover and existing irrigation lines will be removed and upgraded. In 2020, a similar street median landscape improvement project was complete along the same corridor on the west city boundary at Katella Avenue / Struck Avenue intersection. The plant pallet and landscape theme for the said completed project will be incorporated in the median island on Katella Avenue from SR-55 to Harding Street. Therefore, once the project is constructed, the east and west city gateways will be consistent and will provide continuity along the corridor.

The total cost is estimated at $868,000, including a 15% construction engineering and contingency.

Upon receipt of public bids, staff will return to the City Council and recommend any funding adjustments and award of contracts based on the outcome of the public bid.

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 will be filed with the County Recorder’sOffice upon Council’sapproval of the plans and specifications.

Construction is scheduled to begin in July 2022 and is expected to be completed by October 2022.

Specifications and cost estimates are available for review in the Public Works Department.

7. ATTACHMENTS
· Location Map
City of Orange Printed on 4/7/2022Page 2 of 2
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210
Agenda Item
City Council
Item #: 3.16. 4/12/2022 File #: 22-0194
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Katella Avenue Street Rehabilitation; and authorization to advertise Bid No. 21-22.34.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for bids for Katella Avenue Street Rehabilitation.

4. FISCAL IMPACT
The total expenditure for this contract is $868,000 and will be funded in Katella Avenue Street Rehabilitation (30167) through Measure M2 (263).

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.

The improvements will include the cold milling of existing asphalt concrete pavement, asphalt concrete overlay, replacement of failed pavement areas, replacement of broken curb and gutter, reconstruction of ADA ramps to conform to federal guidelines, reconstruction of cross gutter and spandrel, adjusting utility covers to grade, and restriping the roadway. In addition to roadway surface City of Orange Printed on 4/7/2022Page 1 of 2
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211
Item #: 3.16. 4/12/2022 File #: 22-0194
spandrel, adjusting utility covers to grade, and restriping the roadway. In addition to roadway surface improvements, this project will include improvements to the existing landscaped raised median with modifications to the irrigation system and landscaping.

The total cost is estimated at $868,000, including a 15% construction engineering and contingency.

Upon receipt of public bids, staff will return to the City Council and recommend any funding adjustments and award of contracts based on the outcome of the public bid.

Construction is scheduled to begin in July 2022 and is expected to be completed by October 2022.

Specifications and cost estimates are available for review in the Public Works Department.

7. ATTACHMENTS
· Location Map
City of Orange Printed on 4/7/2022Page 2 of 2
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212
Katella Ave Street Improvment Location Map
10 / 22 / 2020 1 : 36 : 55 PM
J
0 0.065 0.13 0.195 0.260.0325
mi
213
Agenda Item
City Council
Item #: 3.17. 4/12/2022 File #: 22-0200
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Annual Slurry Seal at Various Locations, Fiscal Year 2021- 2022; and authorization to advertise Bid No. 21-22.35.

2. SUMMARY
Plans and specifications have been completed and the Annual Slurry Seal at Various Locations, Fiscal Year 2021-2022 is ready to be advertised for bids. The total estimated construction cost including 15% for contingencies and construction engineering is $421,000.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for bids for Annual Slurry Seal at Various Locations, Fiscal Year 2021-2022; SP-4211.

4. FISCAL IMPACT
The total expenditure for this contract is $421,000 and will be funded in Pavement Management Program (13120) through Road Maintenance Rehabilitation Account (274).

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
The Annual Slurry Seal Project at Various Locations Fiscal Year 2021-2022 (FY 22) is part of our FY22 Annual Street Maintenance activities and is designed to prolong pavement life of city streets.

Rehabilitation methods vary depending on the sustained damage, but in general, consist of slurry seal with localized areas of pavement reconstruction as needed. The rehabilitated pavement will have a longer service life and will provide a safe and smooth ride for the public.

The streets selected for maintenance in accordance with our Pavement Management Plan, generally fall into the “fair”category and require work at this time to prevent pavement deterioration and higher cost for asphalt concrete overlay in the future.

The total cost for street slurry seal is estimated at $421,000, including 15% for construction City of Orange Printed on 4/7/2022Page 1 of 2
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Item #: 3.17. 4/12/2022 File #: 22-0200
The total cost for street slurry seal is estimated at $421,000, including 15% for construction engineering and contingency. Upon receipt of public bids, staff will return to the City Council and recommend any funding adjustments and award of contracts based on the outcome of the public bid.

If the unit price for slurry seal comes in below the estimate, additional streets may be added for rehabilitation.

Construction is scheduled to begin in July 2022 and is expected to be completed by September 2022. Specifications and cost estimates are available for review in the Public Works Department.

7. ATTACHMENTS
· Location Maps
City of Orange Printed on 4/7/2022Page 2 of 2
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215
Agenda Item
City Council
Item #: 3.17. 4/12/2022 File #: 22-0200
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Annual Slurry Seal at Various Locations, Fiscal Year 2021- 2022; and authorization to advertise Bid No. 21-22.35.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for bids for Annual Slurry Seal at Various Locations, Fiscal Year 2021-2022; SP-4211.

4. FISCAL IMPACT
The total expenditure for this contract is $421,000 and will be funded in Pavement Management Program (13120) through Road Maintenance Rehabilitation Account (274).

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.

The total cost for street slurry seal is estimated at $421,000, including 15% for construction City of Orange Printed on 4/7/2022Page 1 of 2
powered by Legistar™
216
Item #: 3.17. 4/12/2022 File #: 22-0200
The total cost for street slurry seal is estimated at $421,000, including 15% for construction engineering and contingency. Upon receipt of public bids, staff will return to the City Council and recommend any funding adjustments and award of contracts based on the outcome of the public bid.

If the unit price for slurry seal comes in below the estimate, additional streets may be added for rehabilitation.

Construction is scheduled to begin in July 2022 and is expected to be completed by September 2022. Specifications and cost estimates are available for review in the Public Works Department.

7. ATTACHMENTS
· Location Maps
City of Orange Printed on 4/7/2022Page 2 of 2
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217
2022 Annual Slurry Seal Location Map (Tract A)
3/21/2022, 1:54:18 PM
J
0 720 1,440 2,160 2,880360
ft
218
2022 Annual Slurry Seal Location Map (Tract B)
3/21/2022, 1:55:57 PM
J
0 360 720 1,080 1,440180
ft
219
Agenda Item
City Council
Item #: 3.18. 4/12/2022 File #: 22-0224
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Gary A. Sheatz, City Attorney

1. SUBJECT
Claims for Damages.

2. SUMMARY
Four 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. Seymour Lathan

2. Joey Ramirez

3. Gary L. Bixel

4. Phillip Matthew Cortez

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 Seymore Lathan alleging personal injury when Claimant drove his bicycle into a pole.

2. Claim for damages from Joey Ramirez alleging property damage when Claimant tripped and fell on a sidewalk causing cell phone screen to break.

3. Claim for damages from Gary L. Bixel alleging personal injury when Claimant tripped and fell in the City of Oceanside.

4. Claim for damages from Phillip Matthew Cortez alleging personal injury due to a traffic collision with an Orange County Fire Authority vehicle.

7. ATTACHMENTS
· None.

City of Orange Printed on 4/7/2022Page 1 of 1
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Agenda Item
City Council
Item #: 3.18. 4/12/2022 File #: 22-0224
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Gary A. Sheatz, City Attorney

1. SUBJECT
Claims for Damages.

2. SUMMARY
Four 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. Seymour Lathan

2. Joey Ramirez

3. Gary L. Bixel

4. Phillip Matthew Cortez

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 Seymore Lathan alleging personal injury when Claimant drove his bicycle into a pole.

2. Claim for damages from Joey Ramirez alleging property damage when Claimant tripped and fell on a sidewalk causing cell phone screen to break.

3. Claim for damages from Gary L. Bixel alleging personal injury when Claimant tripped and fell in the City of Oceanside.

4. Claim for damages from Phillip Matthew Cortez alleging personal injury due to a traffic collision with an Orange County Fire Authority vehicle.

7. ATTACHMENTS
· None.

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Agenda Item
City Council
Item #: 3.19. 4/12/2022 File #: 22-0158
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Final Acceptance of Bid No. 21-22.07, Community Development Block Grant (CDBG) Fiscal Year (FY) 2021-2022 Americans with Disabilities Act (ADA) Wheelchair Access Ramp Replacement at Various locations, FY 21-22; and authorization to file Notice of Completion.

2. SUMMARY
The City of Orange entered into a contract with CT&T Concrete Paving, Inc., for the CDBG FY 2021- 2022 Americans with Disabilities Act (ADA) Wheelchair Access Ramp Replacement at Various locations Project. The work was completed to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION
Accept the CDBG FY 2021-2022 Americans with Disabilities Act (ADA) Wheelchair Access Ramp Replacement at Various locations project as complete, and authorize staff to file Notice of Completion with the County Recorder.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Printed on 4/7/2022Page 1 of 1
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222
Agenda Item
City Council
Item #: 3.19. 4/12/2022 File #: 22-0158
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Printed on 4/7/2022Page 1 of 1
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223

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 “CDBG FY 2021- 22 - Americans with Disabilities Act (ADA) Wheelchair Access Ramp Replacement at Various locations (SP-4177)” (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 April 12, 2022 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project is at various locations in the City of Orange, State of California. The contractor who performed (or caused to be performed) said public work and improvements were CT&T Concrete Paving, a California corporation, with its principal office at 1054 E, Third St, Pomona, State of California.

The name of the surety on the Labor and Material Bond for the Project is Contractors Bonding and Insurance Company of, Illinois (Bond No. RCB0031942) in the amount of $94,700.00 DATED as of the 12th day of April 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 12th day of April 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
224
Agenda Item
City Council
Item #: 3.20. 4/12/2022 File #: 22-0168
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Final Acceptance of Bid No. 20-21.03, Installation of Radar Feedback Signs at Various Locations, Highway Safety Improvement Program L-5073(089); and authorization to file Notice of Completion.

2. SUMMARY
The project installed radar feedback signs along three arterial segments in the City as a traffic calming measure. The radar feedback signs are solar powered with a backup battery and were installed on either existing street light poles or freestanding on a new signal pole. The three arterial segments where radar feedback signs were installed as part of this project are:
· W La Veta Avenue from S Flower Street to S Bedford Road · E Collins Avenue from Wanda Road to Bond Avenue
· E Chapman Avenue from N Equestrian Drive to Jamboree Road

3. RECOMMENDED ACTION
Accept Installation of Radar Feedback Signs at Various Locations, Highway Safety Improvement Program L-5073(089), SP-4037, as complete and authorize staff to file Notice of Completion with the County Recorder.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Printed on 4/7/2022Page 1 of 1
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Agenda Item
City Council
Item #: 3.20. 4/12/2022 File #: 22-0168
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

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 “Installation of Radar Feedback Signs at Various Locations, Highway Safety Improvement Program L-5073(089) (Bid No. 20-21.03; SP-4037)” (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 April 12, 2022 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project is along three arterial segments in the City: W. La Veta Avenue, E.

Collins Avenue and E. Chapman Avenue in the City of Orange, State of California. The contractor who performed (or caused to be performed) said public work and improvements were Elecnor Belco Electric, Inc., a California corporation, with its principal office at 14320 Albers Way, Chino, 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. 9371669) in the amount of $199,980.00.

DATED as of the 12th day of April 2022. CITY OF ORANGE, a municipal corporation By:

Mark A. Murphy, Mayor, City of Orange

STATE OF CALIFORNIA

DATED as of the 12th day of April 2022 at Orange, California.

Pamela Coleman, City Clerk, City of Orange
227
Agenda Item
City Council
Item #: 3.21. 4/12/2022 File #: 22-0176
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to RS Construction and Development, Inc. for Community Development Block Grant Americans with Disabilities Act, El Modena Branch Library Bathroom Remodel; Bid No. 21-

22.26. 2. SUMMARY
Bids for Community Development Block Grant Americans with Disabilities Act, El Modena Branch Library Bathroom Remodel were received and opened on March 17, 2022. Three bidders responded to the notice Inviting Bids. The apparent lowest bidder is RS Construction & Development, Inc. of Upland, California in the amount of $139,440.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The total expenditure for this contract is $160,356 and will be funded in ADA El Modena Branch Library Bathroom Remodel (30161) through Community Development Block Grant (310).

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 for the accessibility improvement of two Americans with Disabilities Act (ADA) bathrooms with door access at El Modena Branch Library. As part of this project, actuator City of Orange Printed on 4/7/2022Page 1 of 2
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Item #: 3.21. 4/12/2022 File #: 22-0176
(ADA) bathrooms with door access at El Modena Branch Library. As part of this project, actuator devices will be installed along with a mechanical door opener to allow the door to be opened with ease.

The formal bid solicitation was advertised on February 17, 2022 and March 3, 2022 and bids were opened on March 17, 2022. Three bids were received as follows:

1. RS Construction & Development, Inc., Ontario $139,440

2. New Dimension General Construction, Inc., Placentia $148,600

3. Elegant Construction, Inc., Irvine $158,000
The City receives Community Development Block Grant (CDBG) funding from the U.S. Department of Housing and Urban Development for activities that primarily benefit Low and Moderate Income residents. The funding source requires that a certain percentage of the work be awarded to Disadvantaged Business Enterprises (DBE). The bidder is required to submit the Construction Contract DBE Commitment form showing how they will meet the project DBE goal, or submit the DBE information Good Faith Effort (GFE) form, documenting that adequate good faith efforts were made. Upon review of the bid received from the apparent low bidder, RS Construction & Development, Inc. has provided documentation showing its GFE.

The apparent lowest bid received is 7.7% lower than the Engineer’sEstimate. Staff checked the references and qualifications for RS Construction & Development, 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 RS Construction & Development, Inc. be awarded the contract in the total amount of $160,356 representing an original amount of $139,440, plus a contingency of $20,916, for the Community Development Block Grant Americans with Disabilities Act El Modena Branch Library Bathroom Remodel.

Construction is scheduled to begin in May 2022 and expected to be completed within 30 calendar days.

7. ATTACHMENTS
· Bid Abstract
· Contract with RS Construction & Development, Inc.

City of Orange Printed on 4/7/2022Page 2 of 2
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229
Agenda Item
City Council
Item #: 3.21. 4/12/2022 File #: 22-0176
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to RS Construction and Development, Inc. for Community Development Block Grant Americans with Disabilities Act, El Modena Branch Library Bathroom Remodel; Bid No. 21-

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The total expenditure for this contract is $160,356 and will be funded in ADA El Modena Branch Library Bathroom Remodel (30161) through Community Development Block Grant (310).

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 for the accessibility improvement of two Americans with Disabilities Act (ADA) bathrooms with door access at El Modena Branch Library. As part of this project, actuator City of Orange Printed on 4/7/2022Page 1 of 2
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Item #: 3.21. 4/12/2022 File #: 22-0176
(ADA) bathrooms with door access at El Modena Branch Library. As part of this project, actuator devices will be installed along with a mechanical door opener to allow the door to be opened with ease.

The formal bid solicitation was advertised on February 17, 2022 and March 3, 2022 and bids were opened on March 17, 2022. Three bids were received as follows:

1. RS Construction & Development, Inc., Ontario $139,440

2. New Dimension General Construction, Inc., Placentia $148,600

Construction is scheduled to begin in May 2022 and expected to be completed within 30 calendar days.

7. ATTACHMENTS
· Bid Abstract
· Contract with RS Construction & Development, Inc.

City of Orange Printed on 4/7/2022Page 2 of 2
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ADA El Modena Branch Library
Bathroom Remodel (#8127677) BID ABSTRACT
Owner: Orange CA, City of
Solicitor: Orange CA, City of
03/17/2022 02:00 PM PDT
Engineer
Estimate
RS Construction &
Development Inc.

New Dimension General
Construction
Elegant
Construction Inc.

Section Title Line Item Item Code Item Description UofM Qty Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Bathroom Remodel $151,000.00 $139,440.00 $148,600.00 $158,000.00 1 2-1.1
Demolish and build two (2)
ADA bathrooms with
improvements per plan LS 1 $131,000.00 $131,000.00 $132,484.24 $132,484.24 $132,600.00 $132,600.00 $153,000.00 $153,000.00 2 2-1.1
Install Two BEA LPR36
Actuators, 4" Dormakaba
ED100, and electrical
improvements to provide ADA
access at bathroom door (D) EA 2 $10,000.00 $20,000.00 $3,477.88 $6,955.76 $8,000.00 $16,000.00 $2,500.00 $5,000.00 Base Bid Total: $151,000.00 $139,440.00 $148,600.00 $158,000.00 232

CONTRACT
[ADA El Modena Branch Library Bathroom Remodel (Bid No. 21-22.26)]

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 RS CONSTRUCTION & DEVELOPMENT 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, 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 ADA El Modena Bathroom Remodel prepared for City by Peter Jepson Partnership, approved by the “Engineer” (as defined herein below) on January 28, 2022 and including revisions on March 9, 2022, (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 Compliance Documents attached hereto as Attachment No. 3 and incorporated herein by this reference;

(5) The Labor Relations Forms attached hereto as Attachment No. 4 and incorporated herein by this reference;

(6) The “City of Orange Standard Special Provisions;”

(7) The Standard Plans; and

(8) The Federal Special Provisions attached hereto as Attachment No. 5 and incorporated herein by this reference;

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2 (9) The Federal Labor Standards and Provisions attached hereto as Attachment No. 6 and incorporated herein by this reference;

(10) The Federal Prevailing Wage Rates attached hereto as Attachment No. 7 and incorporated herein by this reference; and

(11) 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.”

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 Specificati ons 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 Public Works Administrative Manager, Joshua Soliz (“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.

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3 ARTICLE 2
Commencement of Work

Contractor shall commence the Work provided for in this Contract within ten (10) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within thirty (30) 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 THIRTY-NINE THOUSAND FOUR HUNDRED FORTY DOLLARS and 00/100 ($139,440.00) unless said amount is amended by Contract Change Order approved by the City, 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 expenses incurred by or in consequence of the suspensio n 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 THOUSAND NINE HUNDRED SIXTEEN DOLLARS and 00/100 ($ 20,916.00) 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 ONE HUNDRED SIXTY THOUSAND THREE HUUNDRED FIFTY -SIX DOLLARS and 00/100 ($160,356.00).
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4 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 equipment, workmanship, materials furnished or met hods 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.

c. Said Work will be deemed defective within the meaning of this guarantee in the event that it fails t o 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 incurred 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 re pairs 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, we lfare 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 236
5 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”), conta ining 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 pursu ant 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 n ature 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 subcontractor under it, shall pay not less than the specified prevailing ra tes of wages to all such workers . The 237
6 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 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 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 238
7 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.

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 sh all 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, contractor s 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 pertaining to Contractor’s status as an independent contractor.

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8 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.

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 approve d 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:

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9 (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 borrowed by or on behalf of Contractor (any auto), a nd 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’ 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 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.

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. I n 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 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 ser vices 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.
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10 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 c omply 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:

(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 mainta ined, 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

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11 (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 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 the reasonable satisfaction of City, verification that all such employees are eligible to work in th e 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 reas on 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.

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.
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12 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”

RS Construction & Development Inc City of Orange
218 W. E Street 300 E. Chapman Avenue
Ontario, CA 91762 Orange, CA 92866-1591
Attn: Ricardo Serna Attn: Joshua Soliz

Telephone: (909) 920-1144 Telephone: (714) 744-5588 E-Mail: rscdinc.com 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 instrum ent. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.

[Remainder of page intentionally left blank; signatures on next page] 244
13 “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”

RS CONSTRUCTION & DEVELOPMENT 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

Page 1 of 13 ends

Orange City CouncilApril 12, 2022

Orange City Council
April 12, 2022