Agenda packet — Orange City Council, June 14, 2022 (part 2 of 8)

5/25/2022

TASKS / SUB-TASKS
Counts
Unlimited
Total
Carlos
Ortiz
John
Dorado John Cox
Jonathan
Delgado
Maddie
Ortiz
Rob
Steaffens
Frank
Gomez
Tony
Hernandez Jose Guedes Ryan Miller Sanae Y.

Rate $340 $260 $190 $150 $150 $150 $135 $125 $235 $150 $125 Project
Director
Project
Manager
Systems
Engineer
Task
Leader
Project
Engineer
Support
Sr.

Designer
Support
Traffic Signal
Synch Task
Leader
Traffic
Signal
Synch
Support
Other
Direct
Costs
Total
Hours Total Cost
Sub-Consultant Traffic Signal
Synch
Support
Project
Engineer
Support
Project
Engineer
Support
Assoc.

Engineer
Support
Fee Proposal
City of Orange
Traffic Engineering Services Katella Avenue Signal Network Extension (SP-4207)

5.1.8 Detail Sheet: For Caltrans Encroachment
Permit Approval 1 4 8 13 $1,860

5.2 Technical Specifications 4 8 24 36 $6,160

5.3 Engineer’s Estimates 2 4 8 8 22 $3,200
6 Signal Timing Optimization

6.1 Signal Timing Optimization (Network
Modeling & Basic Timing Parameters) 1 40 20 61 $8,735

6.2 Timing Implementation (Optional) - See
Fee Below
7 Corridor “After” Study

7.1 Corridor “After” Study 1 20 8 $450 $450 29 $4,685
8 Bid Support and Construction Support

8.1 Bid Support 4 4 $60 8 $1,860

8.2 Construction Support 4 8 4 $200 16 $3,260
Total Hours 1 37 38 25 44 20 196 178 5 76 50 670
Total Cost $ 340 $ 9,620 $ 7,220 $ 3,750 $ 6,600 $ 3,000 $ 26,460 $ 22,250 $ 1,175 $ 11,400 $ 6,250 $3,540 $ 3,540 $ 1,780 $103,385 TOTAL FEE (Not-To-Exceed) $103,385
Optional Services
Other
Direct
Costs
Total
Hours Total Cost

6.2 Timing Implementation (Optional) 2 40 20 $240 62 $9,210 Other Direct Costs include mileage and printing fees.

Hours

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Agenda Item
City Council
Item #: 3.8. 6/14/2022 File #: 22-0334
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
First Amendment to the Agreement with Lyons Security Services, Inc. for additional security services at the Old Towne West Metrolink Parking Structure.

2. SUMMARY
This amendment provides an additional four hours each day for security services at the Old Towne West Metrolink Parking Structure in an annual amount of $80,000 for Fiscal Years 2023 and 2024, in the total amount of $160,000.

3. RECOMMENDED ACTION
Approve the amendment with Lyons Security Services, Inc. in an annual amount of $80,000, or $160,000 total for FY 2022-23 and FY 2023-24, for Old Towne West Metrolink Parking Structure security services, and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $160,000 and will be funded through 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
In 2021, the City implemented a security patrol program for the Old Towne West Metrolink Parking Structure. The program has proven to deter vandalism and illegal activity in the parking structure during the closed hours from midnight to 4 AM. However, in the past year, there was an increase in activity in the structure especially at the roof level during evening hours. The Orange Police Department also had an increase in the calls for service during the past year. The use of private security services has proven to be an effective and cost-efficient solution to supplement the efforts of the Orange Police Department and Public Works Department staff in maintaining the parking structure.

This amendment includes an amount of $80,000 per year, for two remaining years with a total City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.8. 6/14/2022 File #: 22-0334
amount of $160,000.

Funding for the remaining two years is dependent on City Council's annual budget approval through the Fiscal Year 2023-2024. If funds are not budgeted, the agreement can be terminated or reduced to meet that year's allocation.

The proposed scope of services generally includes the assignment of one patrol guard according to a pre-determined schedule in the evening and during structure closure hours, seven nights a week, including holidays.

7. ATTACHMENTS
· First Amendment to Professional Services Agreement
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.8. 6/14/2022 File #: 22-0334
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
First Amendment to the Agreement with Lyons Security Services, Inc. for additional security services at the Old Towne West Metrolink Parking Structure.

4. FISCAL IMPACT
The total expenditure for this agreement is $160,000 and will be funded through 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.

This amendment includes an amount of $80,000 per year, for two remaining years with a total City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.8. 6/14/2022 File #: 22-0334
amount of $160,000.

7. ATTACHMENTS
· First Amendment to Professional Services Agreement
City of Orange Page 2 of 2 Printed on 6/9/2022
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FIRST AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT
[Old Towne West Metrolink Parking Structure Security Services] THIS FIRST AMENDMENT TO PROFESSIONAL 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 LYONS SECURITY SERVICES, INC., a California corporation (“contractor”), with reference to the following:

A. City and Contractor entered into a Professional Services Agreement (Agreement No. 7194) dated June 8, 2021, 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 Services 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 Original 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 EIGHTY THOUSAND DOLLARS and 00/100 ($80,000.00) 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 TWO HUNDRED THOUSAND DOLLARS and 00/100 ($200,000.00) 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 provisions of this First Amendment and the terms and provisions of the Original 170
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”
LYONS SECURITY SERVICE, 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.
171
EXHIBIT “A”

SUPPLEMENTAL SCOPE OF SERVICES
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175
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Agenda Item
City Council
Item #: 3.9. 6/14/2022 File #: 22-0326
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Susan Galvan, Interim Community Development Director

1. SUBJECT
First Amendment to Consultant Services Agreement with PlaceWorks, Inc. for preparation of a Transfer of Development Rights Ordinance.

2. SUMMARY
The City currently has an agreement with PlaceWorks, Inc. to prepare a feasibility study of a Transfer of Development Rights Program. The proposed First Amendment will increase the amount by $30,000, for a total amount not-to-exceed of $54,749.00 for the preparation of a Transfer of Development Rights Ordinance.

3. RECOMMENDED ACTION
Approve the First Amendment to agreement with PlaceWorks for the preparation of a Transfer of Development Rights Ordinance; and authorize the Mayor and the City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement amendment is $30,000.00 and will be funded through Senate Bill 2 (SB-2) Planning Grant Program - Building Homes and Jobs Act funds (312).

5. STRATEGIC PLAN GOALS
Goal 5: Recognize, promote and preserve Orange’s rich heritage. b. Expand and strengthen processes and practices related to protection and cultural resources.

Goal 3: Enhance and promote quality of life in the community. b: Support and enhance attractive, diverse living environment.

6. DISCUSSION AND BACKGROUND
The Land Use Element of the General Plan identifies Transfer of Development Rights (TDR) as a possible means of incentivizing housing production, historic preservation, economic development, and the creation of open space. The City entered into an agreement with PlaceWorks, Inc. on September 15, 2021 for the preparation of a feasibility study to determine whether a TDR program would be viable in Orange. PlaceWorks was selected based on their understanding of the work effort, knowledge of and experience working with development right transfers, and the qualifications and relevant experience of the overall project team.

A TDR program would serve to provide a historic preservation incentive to property owners in the City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.9. 6/14/2022 File #: 22-0326
A TDR program would serve to provide a historic preservation incentive to property owners in the Plaza District by enabling the transfer of un-used development rights to properties in the city’s Urban Mixed Use (UMU) and Neighborhood Mixed Use (NMU) zones where higher density development is planned and is appropriate based on the development context.

The transferring of development rights is also contemplated between sites in the UMU zone for purposes of increased housing density and providing land area for the development of urban open spaces such as parks or other passive space that could provide an amenity to UMU or NMU district residents and contribute to a high-quality living environment.

The Implementation Program of the General Plan also identifies development of a TDR program as an action item. Relevant excerpts from the General Plan are provided as attachments to this report.

Since completion of PlaceWorks feasibility study in February 2022, the findings indicate that a TDR program would be viable. In addition, staff has determined that development of the TDR program may also take into consideration the incorporation of privately zoned open space properties into the program in some manner that would provide options for these sites.

Preparation of an ordinance and associated TDR program parameters is needed to bring this concept to fruition. The consultant Services Agreement with PlaceWorks including the scope of work, is provided as an Attachment to this report. Staff is requesting approval of the First Amendment to the agreement for the preparation of a TDR Ordinance which brings the total cost of services performed by PlaceWorks to a not-to-exceed amount of $54,749.00.

7. ATTACHMENTS
· First Amendment to Consultant Services Agreement
· General Plan Land Use Element excerpt
· General Plan Implementation Program excerpt
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.9. 6/14/2022 File #: 22-0326
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Susan Galvan, Interim Community Development Director

1. SUBJECT
First Amendment to Consultant Services Agreement with PlaceWorks, Inc. for preparation of a Transfer of Development Rights Ordinance.

4. FISCAL IMPACT
The total expenditure for this agreement amendment is $30,000.00 and will be funded through Senate Bill 2 (SB-2) Planning Grant Program - Building Homes and Jobs Act funds (312).

5. STRATEGIC PLAN GOALS
Goal 5: Recognize, promote and preserve Orange’s rich heritage. b. Expand and strengthen processes and practices related to protection and cultural resources.

Goal 3: Enhance and promote quality of life in the community. b: Support and enhance attractive, diverse living environment.

A TDR program would serve to provide a historic preservation incentive to property owners in the City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.9. 6/14/2022 File #: 22-0326
A TDR program would serve to provide a historic preservation incentive to property owners in the Plaza District by enabling the transfer of un-used development rights to properties in the city’s Urban Mixed Use (UMU) and Neighborhood Mixed Use (NMU) zones where higher density development is planned and is appropriate based on the development context.

The Implementation Program of the General Plan also identifies development of a TDR program as an action item. Relevant excerpts from the General Plan are provided as attachments to this report.

FIRST AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT
[Transfer of Development Rights Ordinance]
THIS FIRST AMENDMENT TO PROFESSIONAL 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 PLACEWORKS, INC, a California corporation (“Contractor”), with reference to the following:

A. City and Contractor entered into a Professional Services Agreement (Agreement No. 7256) dated September 15, 2021, 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 Services 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 Original Agreement, as implemented by this First Amendment.

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 THOUSAND DOLLARS and 00/100 ($30,000.00) 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 FIFTY-FOUR THOUSAND SEVEN HUNDRED FORTY-NINE DOLLARS and 00/100 ($54,749.00) 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 184
2 the terms and provisions of this First Amendment and the terms and provisions of the Original 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”
PLACEWORKS, 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:

SUPPLEMENTAL SCOPE OF SERVICES
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Work Plan for Transfer of Development Rights
Ordinance
TASK 1 DEFINE TDR PROGRAM PARAMETERS
This task will define the desired parameters of the TDR program. These parameters may include:
+ Refined boundaries for sending and receiving areas
+ Applicable TDR commodities, which could include densities, unit types, and development standards such as parking requirements and public benefits + Relevant portions of the General Plan and Zoning Ordinance + Role of the City, including certification, TDR retirement, and TDR banking The program parameters defined during this task provide the basis for subsequent tasks but may be modified as part of the final program design and ordinance.

TASK 1.1: PRELIMINARY TDR PROGRAM ANALYSIS
PlaceWorks will review existing the General Plan and Zoning Ordinance, entitlement process, and recent sending-area and receiving-area projects. Based on the analysis and our experience with TDR programs and the work under TDR Economic Analysis Project, we will prepare a preliminary TDR program analysis. The report will identify options for program elements and provide recommendations. We will submit the draft report in a digital format.

Time Frame
+ 4 Weeks
Deliverable
+ Draft TDR Program Analysis report
TASK 1.2: PROGRAM ANALYSIS REVIEW WITH CITY STAFF
PlaceWorks will review the draft TDR program analysis report at a meeting with staff from City departments involved in plan review. The purpose of this meeting is to ensure that the options for program parameters reflect the realities of land use and development in Orange and the way the City reviews and approves development. The meeting will also provide an opportunity to appropriately expand or reduce the options under consideration.

Based on the input received at this meeting and one round of consolidated comments, PlaceWorks will revise the TDR Program Analysis report and prepare a summary memorandum to inform the stakeholder outreach in the following task.

Time Frame
+ 2 Weeks
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Deliverables
+ One review meeting with City staff
+ Revised TDR Program Analysis report
+ TDR Options Summary memorandum
TASK 1.3: STAKEHOLDER OUTREACH
PlaceWorks will conduct three rounds of stakeholder outreach. At a minimum, this will include three one-hour group meetings. We will collaborate with City staff to identify appropriate stakeholders and the format for the meetings. We would envision one meeting focusing on historic preservation and sending-area property owners, one meeting focusing on receiving-area property owners, and one meeting focusing on developers. In our experience, we receive better input from developers in an individual interview rather than a group meeting. In lieu of a group meeting for developers, our budget could include four 30-minute individual interviews with developers.

The intent of the stakeholder outreach is to explain the TDR process, garner input on the possible parameters of the TDR program, and to gauge interest in participating in a TDR program. In addition, we will seek to better understand the local development dynamics affecting financial feasibility of development in the outreach with developers.

We will prepare a summary report of the stakeholder outreach meetings. The report will identify our recommendations for changes to the TDR program analysis report resulting from stakeholder input.

Time Frame
+ 2 Weeks
Deliverables
+ Three one-hour stakeholder meetings
+ Summary report
TASK 1.4: INITIAL TDR PROGRAM ANALYSIS REPORT
PlaceWorks will meet with City staff to review the results of the stakeholder outreach. The purpose of this meeting is to finalize the TDR program parameters. Based on the input from the review meeting and one round of consolidated comments, we will finalize the TDR Program Analysis report.

Time Frame
+ 4 Weeks
Deliverables
+ One review meeting with City staff
+ Initial TDR Program Analysis report
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TASK 2 DETERMINE TDR EXCHANGE RATES
This task builds on the Initial TDR Program Analysis Report (Task 1) and the separate TDR Economic Analysis project to determine the appropriate TDR exchange rates, which determines the number of TDR credits a property owner in the receiving area earns for each TDR credit purchased from the sending area.

TASK 2.1 FINAL TDR PROGRAM PARAMETERS
PlaceWorks will meet with City staff to review the findings from the financial feasibility analysis (Task

2.1 under the separate TDR Economic Analysis project). In this meeting, we will refine the TDR program parameters. Based on the input from this meeting, we will prepare the final TDR Program Analysis report, which identify the key elements to be included in the Zoning Ordinance amendment.

We finalize the TDR Program Analysis Report based on one round of consolidated comments from City staff.

Time Frame
+ 4 Weeks
Deliverable
+ Review meeting with City staff
+ Final TDR Program Analysis report
TASK 3: PREPARE AND ADOPT ZONING ORDINANCE AMENDMENT
The final task is to prepare the draft Zoning Ordinance amendment, vet it with City staff, and carry it through the public hearing adoption process.

TASK 3.1 DRAFT AMENDMENT
Based on the program parameters identified in the final TDR Program Parameters report, PlaceWorks will prepare the draft Zoning Ordinance amendment. We envision that the amendment will include:
+ Boundaries for sending and receiving areas
+ Qualifications for calculating the development rights for sending area parcels + The process and requirements to certify and sever development rights + The exchange rate for the amount of development rights applicable in receiving areas for each sending area development right purchased, including exchange rate ratios for different development rights commodities, if any
+ Applicability of other considerations for the application of development rights (e.g., additional development rights for public benefits)
+ The process and requirements for the application and retirement of development rights used for new development in receiving areas
+ Graphics needed to convey important information, standards, and processes 189

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We will submit the draft amendment, conduct a review meeting with City staff involved in the project, and refine the draft amendment based on input from the meeting and one round of consolidated comments.

Time Frame
+ 5 Weeks
Deliverables
+ Draft Zoning Ordinance amendment
+ One review meeting with City staff
TASK 3.2 INTERDEPARTMENTAL CITY REVIEW
PlaceWorks will attend up to two interdepartmental meetings to review the draft amendment. We recommend that the City’s legal counsel be present for at least one of these meetings. Based on input from these meetings and one round of consolidated comments, we will prepare the final draft Zoning Ordinance amendment.

Time Frame
+ 3 Weeks
Deliverables
+ Up to 2 review meetings
+ Final draft Zoning Ordinance amendment
TASK 3.3 PUBLIC HEARINGS
PlaceWorks will attend two public hearings to present the draft amendment and answer questions.

We will prepare a PowerPoint presentation for the public hearings. The budget provides a line-item cost for attendance at additional public hearings.

Time Frame
+ 4 Weeks
Deliverables
+ Attendance at two public hearings
+ PowerPoint presentation
TASK 4: PROJECT MANAGEMENT
This task accounts for the ongoing activities that are essential for keeping a project on schedule and within budget, such as communication and additional meetings with City staff, schedule and budget management, and internal coordination. This task continued throughout the project. 190

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MEETINGS
Our scope of work includes several meetings. We are assuming the restrictions related to the COVID19 pandemic will not restrict in-person meetings when the project commences. We assume that the stakeholder interviews will be in-person meetings. Several meetings are with the City staff closely involved in the project, and we assume that half of these meetings will be virtual meetings, and half will be in-person meetings. We assume that meetings with interdepartmental staff and the public hearings will be in-person meetings. We do not anticipate a change in cost if public health requirements restrict in-person meetings during the course of the project.

DELIVERABLE PRODUCTS
The budget assumes that we will provide all deliverable products in a digital format, such as Microsoft Work, PDF, or similar. There would be additional costs if hard copy deliverables are required.

SCHEDULE
We anticipate a nine-month schedule for the two projects, the separate TDR Feasibility Analysis and this scope of work for the Transfer of Development Rights Ordinance. We expect work on this project to commence about two months after the work on the TDR Feasibility Analysis begins, with work being completed within seven additional months. The chart of the following page shows the proposed schedule by task.
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6 Task 1: Define Program ParametersTask 1.1 Preliminary TDR Program AnalysisTask 1.2 Review with City Staff • Task 1.3 Stakeholder OutreachTask 1.4 Initial TDR Program Analysis Report •Task 2: Determine TDR Exchange RatesTask 2.2 Final TDR Program Parameters •Task 3: Prepare and Adopt Zoning Ordinance AmendmentTask 3.1 Draft Amendment •Task 3.2 Interdepartmental City Review • •Task 3.3 Public Hearings • • Task 4 Project ManagementTask 4.1 Project Management• Consultant meeting with City Month 6 Month 7 Month 8 Month 9 Month 1 Month 2 Month 3 Month 4 Month 5 192

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FEE
The table on the following page provides the detailed budget for PlaceWorks’ scope of work to prepare a TDR Feasibility Analysis for the City of Orange. The table list the hours by task and by PlaceWorks’ staff member, including the hourly fee for each staff member assigned to the project.

In addition to the hourly cost, the budget includes a $435 cost for estimated reimbursable expenses, such as mileage cost for travel to and from in-person meetings at the IRS-approved rate and possible data acquisition costs, such as recent home sales values. Any reimbursable expenses incurred will be itemized on the monthly invoice.

The budget also includes PlaceWorks’ standard charge for general office expenses, calculated as 2% of the labor fee. This charge will be included on each monthly invoice as 2% of the labor fee for the invoice.
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8 City of Orange—TDR Zoning Ordinance Amendment

COST PROPOSAL

JUDD GUNNELLS GUZMAN HERKEWITZ HADFIELD
Task Description
Principalin-Charge Project Manager Assistant Project Manager GIS Analysis Strategic Advisor, CEQA Editing Hourly Rate: 250 $ 215 $ 120 $ 165 $ 235 $ 115 $
1 Define Program Parameters1.1 Preliminary TDR Program Analysis 12 16 28 4,500

1.2 Review with City Staff 4 4 8 1,340

1.3 Stakeholder Outreach 6 8 14 2,250

1.4 Initial TDR Program Analysis Report 2 4 6 4 16 2,540 Task 1 Subtotal 2 26 34 4 66 10,630 $
2 Determine TDR Exchange Rates2.1 Final TDR Program Parameters 4 8 4 16 2,280 Task 2 Subtotal 4 8 4 16 2,280 $
3 Prepare and Adopt Zoning Ordinance Amendment3.1 Draft Amendment 16 40 5 8 69 9,985

3.2 Interdepartmental City Review 6 6 12 2,010

3.3 Public Hearings 6 6 1,290
Task 3 Subtotal 28 46 5 8 87 13,285 $
4 Project Management4.1 Project Management 6 6 12 2,790 Task 4 Subtotal 6 6 12 2,790 $
Total Labor Hours 8 64 88 5 0 16 181
Total Labor Fee 2,000 13,760 10,560 825 0 1,840 28,985 $ Reimbursable Expenses 435Standard Office Expenses @2% 580Grand Total 30,000 $ Total Hours Total Fee
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Agenda Item
City Council
Item #: 3.10. 6/14/2022 File #: 22-0333
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Fourth Amendment to Agreement with West Coast Arborists, Inc. for City Street Tree Services.

2. SUMMARY
The proposed Fourth Amendment authorizes a one-year contract extension with West Coast Arborists, Inc. that includes an increase of 4.5% to adjust for increased insurance cost and Consumer Price Index, in the amount of $846,320.

3. RECOMMENDED ACTION
Approve Fourth Amendment with West Coast Arborists, Inc. in the amount of $846,320 for City Street Tree Services, and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for the contract is $846,320, and will be funded through Tree Services (220) and General Fund (100).

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 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
The Public Works Department currently has a contract for street tree services with West Coast Arborists, Inc. (WCA) for an annual amount of $809,875. This contract covers the scope of services for trimming street trees citywide. The Community Services Department holds a separate contract with WCA for trimming trees in Parks, City Facilities, and assessment districts, that was recently extended for a final term at the May 10, 2022 City Council meeting. The five-year contract followed a calendar year, with the original term expiring on December 31, 2020 and included two, one-year City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.10. 6/14/2022 File #: 22-0333
extensions.

The City Council approved the First Amendment to the Contract with WCA in November 2017 to increase trimming services. In May 2018, the City Manager approved the Second Amendment in the amount of $30,000 for additional scope of services. In November 2020, the City Council approved the Third Amendment to the Contract which aligned the dates of the contract with the Fiscal Year, allowing for better coordination of the contract with the budget process. The Third Amendment will expire on June 30, 2022. Therefore, staff is recommending that the City Council approve a Fourth Amendment to the Contract to enact the second and final term extension.

WCA has been providing excellent tree services to the City of Orange since 1993 and has always been very responsive to the City’s routine service needs as well as special requests and emergency needs. The Fourth Amendment to the Contract with WCA will exercise the final contract extension available. Funding for this amendment is dependent upon City Council approval of the Fiscal Year 2022-23 Budget. The City will solicit for City street tree services again in early 2023.

7. ATTACHMENTS
· Fourth Amendment to Tree Maintenance Services Agreement City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.10. 6/14/2022 File #: 22-0333
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Fourth Amendment to Agreement with West Coast Arborists, Inc. for City Street Tree Services.

4. FISCAL IMPACT
The total expenditure for the contract is $846,320, and will be funded through Tree Services (220) and General Fund (100).

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 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
The Public Works Department currently has a contract for street tree services with West Coast Arborists, Inc. (WCA) for an annual amount of $809,875. This contract covers the scope of services for trimming street trees citywide. The Community Services Department holds a separate contract with WCA for trimming trees in Parks, City Facilities, and assessment districts, that was recently extended for a final term at the May 10, 2022 City Council meeting. The five-year contract followed a calendar year, with the original term expiring on December 31, 2020 and included two, one-year City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.10. 6/14/2022 File #: 22-0333
extensions.

7. ATTACHMENTS
· Fourth Amendment to Tree Maintenance Services Agreement City of Orange Page 2 of 2 Printed on 6/9/2022
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Agr-6299.4

FOURTH AMENDMENT
TO

TREE MAINTENANCE SERVICES AGREEMENT
[RFP No. 156-05]
This FOURTH AMENDMENT TO TREE MAINTENANCE SERVICES AGREEMENT (“Fourth Amendment”) is made and entered into as of ________________, 2022, by and between the CITY OF ORANGE, a municipal corporation (“City”), and WEST COAST ARBORISTS, INC., a California corporation (“Contractor”), with reference to the following:

A. City and Contractor entered into a Tree Maintenance Services Agreement (Agreement No. 6299) dated January 14, 2016, which is incorporated herein by this reference (“Original Agreement”); and
B. City and Contractor entered into a First Amendment to Tree Maintenance Services Agreement (Agreement No. 6299.1) dated November 14, 2017 (“First Amendment”) to revise the Scope of Services and increase the compensation. The First Amendment is incorporated herein by this reference; and
C. City and Contractor entered into a Second Amendment to Tree Maintenance Services Agreement (Agreement No. 6299.2) dated May 30, 2018 (“Second Amendment”) to revise the Scope of Services and increase the compensation. The Second Amendment is incorporated herein by this reference; and
D. City and Contractor entered into a Third Amendment to Tree Maintenance Services Agreement (Agreement No. 6299.3) dated November 10, 2020 (“Third Amendment”) to revise the extension terms, exercise the First Extension, revise the insurance requirements and increase the compensation. The Third Amendment is incorporated herein by this reference; and E. City and Contractor desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement to exercise the Second Extension 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. The City and Contractor agree that all references in this Fourth Amendment are deemed and construed to refer to the Original Agreement, as implemented by this Fourth Amendment.

Section 3. Extension of Term. Pursuant to Article 2 of the Original Agreement, the City hereby extends the Term of this Agreement to reflect the Second Extension Term, commencing on July 1, 2022, and terminating on June 30, 2023.
206
2 Section 4. Compensation.

A. Article 3 of the Original Agreement is hereby amended to increase the compensation for the Second Extension Term to include a 2% increase based on the Consumer Price Index and a 2.5% increase based on the additional required insurance. The total not-to-exceed compensation for the Second Extension Term (exclusive of reimbursables) set forth in Article 3 is hereby amended to provide for a total not-to-exceed compensation due to Contractor of EIGHT HUNDRED FORTY-SIX THOUSAND THREE HUNDRED TWENTY and 00/100 ($846,320.00), which compensation may not be increased without the prior written authorization of the City.

B. Said compensation shall be payable according to Exhibit “A,” the Schedule of Compensation for Year 2022-2023, attached hereto and incorporated herein by reference.

Section 5. Integration. This Fourth Amendment, the agreements specifically referred to herein, and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect to the subject matter hereof. This Fourth Amendment amends, as set forth herein, the Original Agreement and the First, Second and Third Amendments and, except as specifically amended hereby, the Original Agreement as amended, shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Fourth Amendment and the terms and provisions of the Original Agreement, as amended, the terms and provisions of this Fourth Amendment shall control and govern the rights and obligations of the parties.
[Remainder of page intentionally left blank; signatures on next page] 207
3 IN WITNESS of this Agreement, the parties enter into this Fourth Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
WEST COAST ARBORISTS, INC., CITY OF ORANGE, a municipal corporation a California corporation
*By: By:

Printed Name Mark A. Murphy, Mayor
Title:

ATTEST:
*By:

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. 208
EXHIBIT “A”
SCHEDULE OF COMPENSATION FOR YEAR 2022-2023
[Behind this page.]
209
1 Grid Pruning Each $52.40
2 Routine Palm Pruning Each $74.25
3 Palm Skinning Foot $21.85
4 Ficus Topiary Pruning Each $194.35
5 Tree & Stump Removal Inch $40.40
6 Tree Only Removal Inch $25.15
7 Stump Only Removal Inch $15.30
8 Plant 15 Gallon Tree Each $152.90
9 Plant 24" Box Tree Each $278.45
10 Plant 36" Box Tree Each $540.55
11 Plant 48" Box Tree Each $868.15
12 Tree Watering Day $698.90
13 Root Pruning Foot $27.25
14 ISA Certified Arborist Man Hour $163.80
15 Crew Rental - 3 men Hour $262.05
16 Crew Rental - per man Man Hour $87.35
17 Emergency Response - 3 men Hour $360.30
18 Emergency Response - per man Man Hour $120.10
The proposed rates are based on a cost adjustment of 4.5% based on the maximum allowed Consumer Price Index (CPI) of 2.0% and 2.5% to offset the cost to for the additional insurance coverage required by the City of Orange. Rates are effective 7/1/22 and valid until 6/30/2023.

CITY OF ORANGE - Public Works
Item
Schedule of Compensation for Year 2022 - 2023
Tree Maintenance Services performed by WCA, Inc.

Description Unit Proposed Prices
Printed on: 5/10/2022 5:53:29 AM Page 2 of 2 210
Agenda Item
City Council
Item #: 3.11. 6/14/2022 File #: 22-0330
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Gary A. Sheatz, City Attorney

1. SUBJECT
Fourth Amendment to Attorney Services Agreement with Liebert Cassidy Whitmore to provide legal services with respect to personnel matters.

2. SUMMARY
The City currently has an agreement and three amendments with Liebert Cassidy Whitmore to provide legal services related to personnel matters for a total amount of $155,000, which has been expended. The proposed Fourth Amendment will increase the agreement amount by $100,000 for a total of $255,000.

3. RECOMMENDED ACTION

1. Approve a Fourth Amendment to Attorney Services Agreement with Liebert Cassidy Whitmore in the amount of $100,000; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $100,000 from the General Fund unreserved fund balance to expenditure account number 100.0301.51611.00000, General Fund - Personnel Legal Services.

4. FISCAL IMPACT
The total expenditure for this amendment is $100,000 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a. Expend fiscal resources responsibly.

6. DISCUSSION AND BACKGROUND
The City has retained the law firm of Liebert Cassidy Whitmore to provide legal services with respect to personnel matters.

While the City Attorney’s Office handles most of the day-to-day personnel legal matters, the City does contract with outside counsel when there is a need for a particular expertise, or the workload requires it. Liebert Cassidy Whitmore advises regarding highly technical and confidential labor and employment matters. As this agreement has been amended from time to time, as needed, staff finds it reasonable to request an additional $100,000 due to the unknown outcome and possibility of legal costs for appeals including arbitration, trial, and resolution of pending matters.

City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.11. 6/14/2022 File #: 22-0330
For this reason, additional funds are needed to pay these ongoing legal costs.

7. ATTACHMENTS
· Fourth Amendment to Attorney Services Agreement
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.11. 6/14/2022 File #: 22-0330
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Gary A. Sheatz, City Attorney

1. SUBJECT
Fourth Amendment to Attorney Services Agreement with Liebert Cassidy Whitmore to provide legal services with respect to personnel matters.

3. RECOMMENDED ACTION

1. Approve a Fourth Amendment to Attorney Services Agreement with Liebert Cassidy Whitmore in the amount of $100,000; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $100,000 from the General Fund unreserved fund balance to expenditure account number 100.0301.51611.00000, General Fund - Personnel Legal Services.

4. FISCAL IMPACT
The total expenditure for this amendment is $100,000 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a. Expend fiscal resources responsibly.

6. DISCUSSION AND BACKGROUND
The City has retained the law firm of Liebert Cassidy Whitmore to provide legal services with respect to personnel matters.

City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.11. 6/14/2022 File #: 22-0330
For this reason, additional funds are needed to pay these ongoing legal costs.

7. ATTACHMENTS
· Fourth Amendment to Attorney Services Agreement
City of Orange Page 2 of 2 Printed on 6/9/2022
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FOURTH AMENDMENT
TO

ATTORNEY SERVICES AGREEMENT
THIS FOURTH AMENDMENT TO ATTORNEY SERVICES AGREEMENT (the “Fourth Amendment”) is made and entered into as of ________________, 2022, by and between the CITY OF ORANGE, a municipal corporation (“City”), and the LAW OFFICE OF LIEBERT CASSIDY WHITMORE (herein referred to as the “Law Firm”), with reference to the following:

A. City and Law Firm entered into that certain Attorney Services Agreement (Agreement No. 1042.U) dated July 22, 2015, which is incorporated herein by this reference (the “Original Agreement”);
B. City and Law Firm amended the Original Agreement to increase the compensation by a First Amendment to Attorney Services Agreement (Agreement No. 1042.U.1) dated March 13, 2018 which is incorporated herein by this reference (the “First Amendment”); and C. City and Law Firm amended the Original Agreement to increase the compensation by a Second Amendment to Attorney Services Agreement (Agreement No. 1042.U.2) dated August 14, 2018 which is incorporated herein by this reference (the “Second Amendment”) and D. City and Law Firm amended the Original Agreement to revise the fee schedule by a Third Amendment to Attorney Services Agreement (Agreement No. 1042.U.3) dated August 14, 2019 which is incorporated herein by this reference (the “Third Amendment”); and E. City and Law Firm desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement to 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 Law Firm hereby agree that all references in the Agreement or this Fourth Amendment to the “Agreement” are deemed and construed to refer to the Agreement, as implemented by this Fourth Amendment.

Section 3. Compensation. The total not-to-exceed compensation for the services to be rendered as set forth in Section II Payment – A of the last Agreement is increased by HUNDRED THOUSAND DOLLARS and 00/100 ($100,000.00) and Section II Payment - A is hereby amended in its entirety to read as follows:
“Total payments for services performed pursuant to this Agreement shall not exceed TWO HUNDRED FIFTY-FIVE THOUSAND DOLLARS and
00/100 ($255,000.00) without prior approval of City Council of City.” 215
2 Section 4. Integration. This Fourth Amendment amends, as set forth herein, the Original Agreement, the First, Second and Third Amendments, and, except as specifically amended hereby, the Original Agreement and all amendments shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Fourth Amendment and the terms and provisions of the Original Agreement and/or the amendments, the terms and provisions of this Fourth Amendment shall control and govern the rights and obligations of the parties.

IN WITNESS of this Agreement, the parties enter into this Fourth Amendment on the year and day first above written.
“LAW FIRM” “CITY”
LIEBERT CASSIDY WHITMORE 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:

Gary A. Sheatz, City Attorney
*NOTE: The City requires the following signature(s) on behalf of the Law Firm:
-- (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. 216
Agenda Item
City Council
Item #: 3.12. 6/14/2022 File #: 22-0305
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Authorize rental services for service facilities with Royal Restrooms of California, Inc. for the 517 W.

Struck Transition Plan.

2. SUMMARY
Request to authorize a $138,382.43 purchase order with Royal Restrooms of California, Inc. for one year of service facility rentals (i.e., ADA showers and restrooms) for the 517 W. Struck Transition Plan.

3. RECOMMENDED ACTION
Approve purchase order of $138,382.43 with Royal Restrooms of California, Inc. for service facility rentals.

4. FISCAL IMPACT
The total expenditure for this purchase order is $138,382.43 and will be funded 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.

6. DISCUSSION AND BACKGROUND
The City has developed a plan to provide services for its unhoused community, a population that has been affected by COVID-19, for one year as Mary’s Kitchen vacates the property located at 517 W.

Struck Avenue. The City is collaborating with local nonprofit organizations and contracting with several vendors to provide food services, mail pick-up, showers and restroom facilities (including ADA facilities), and laundry services. The COVID-19 pandemic has impacted this population; as such, providing showers, restroom facilities and laundry services is essential in promoting good hygiene to reduce rate of COVID-19 infections and illness.

Royal Restrooms of California, Inc. (Royal Restrooms) was the only available vendor who could provide two ADA shower trailers, which also include two restrooms, within the necessary timeframe for the 517 W. Struck transition plan. Consequently, the City retained the vendor for two months of rental service and currently has a purchase order in the amount of $31,800 with the vendor.

The City is committed to providing all services described in this report for one year, unless otherwise City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.12. 6/14/2022 File #: 22-0305
The City is committed to providing all services described in this report for one year, unless otherwise directed by the Court. The estimated cost for the ADA shower/restroom rentals through Royal Restrooms is $138,382.43 to complete one year of service. Therefore, staff is requesting authorization for a purchase order with Royal Restrooms in this amount.

At its April 12, 2022 meeting, the City Council appropriated $746,884.76 in Community Development Block Grant (310) funding for the 517 W. Struck Avenue Transition Plan. This expense will be funded through this appropriation. Should additional funding be required for this or any other transition plan services, staff will return to the City Council with an additional appropriation request. The City also has purchase orders for rental services with US Mobile Kitchen for a laundry trailer and United Rentals for additional shower and restroom facilities. Staff will bring forward to Council any future additional and necessary agreements and/or purchase order requests for services related to the 517 W. Struck Transition Plan.

7. ATTACHMENTS
· Royal Restrooms of California Quote
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.12. 6/14/2022 File #: 22-0305
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Authorize rental services for service facilities with Royal Restrooms of California, Inc. for the 517 W.

Struck Transition Plan.

3. RECOMMENDED ACTION
Approve purchase order of $138,382.43 with Royal Restrooms of California, Inc. for service facility rentals.

4. FISCAL IMPACT
The total expenditure for this purchase order is $138,382.43 and will be funded 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.

The City is committed to providing all services described in this report for one year, unless otherwise City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.12. 6/14/2022 File #: 22-0305
The City is committed to providing all services described in this report for one year, unless otherwise directed by the Court. The estimated cost for the ADA shower/restroom rentals through Royal Restrooms is $138,382.43 to complete one year of service. Therefore, staff is requesting authorization for a purchase order with Royal Restrooms in this amount.

7. ATTACHMENTS
· Royal Restrooms of California Quote
City of Orange Page 2 of 2 Printed on 6/9/2022
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05-06-2022
Royal Restrooms of California, Inc.
1452 N. Vasco Rd. #101
Livermore, CA, 94551
Cage Code 5HJ93
Duns 01-222-8804 This is not a rental agreement 4

CONTACT INFORMATION LOCATION LOCATION DETAILS
Name: Rachael Gomez City: Orange Delivery Date: 6-21-2022 Phone:(714) 744-5556 Location: Pick Up Date: 05-01-2023 Email: [email protected] Guest Count: Days: 314

TRAILER DESCRIPTIONS QTY UNIT T TOTAL
1 Single ADA Shower/Restroom Combo Monthly rate $4,250. Weekly rate $2,685. 2 $49,435.00 t $98,870.00 Delivery (per trailer) - - delivery/installation/removal is a round trip fee based on mileage and only the delivery portion is taxable..

Trailer onsite
Installation and Removal per trailer - delivery/installation/removal is a round trip fee based on mileage and only the delivery portion is taxable.

Trailer onsite
See flyers for trailer specifications. It is the customers’ responsibility to: Maintain the unit in a clean and sanitary condition, restocking supplies after the initial supplies and refilling propane tanks (shower trailers only) as necessary and prior to picking up. The shower trailer has the ability to divert the shower water only to a drain or a green space to minimize or eliminate waste/grey water disposal. Quotes and Pricing are based on current availability. Inventory availability is subject to change.Services quotes are during normal service hours of 8am-1pm in most areas. Times are subject to change based on mileage from our closest location. 28 day billing cycle.

TAXABLE SUBTOTAL $98,870.00
TAX 7.750% $7,662.43
NON TAXABLE SUBTOTAL $31,850.00
TOTAL $138,382.43
ADDITIONAL ADD-ONS BELOW IF REQUIRED/REQUESTED FOR YOUR RENTAL (the below items will be added to your non-taxable subtotal if requested)
T Qty Restock/C
lean
Qty Waste
Weekday
removal
Qty
Waste
Weekend
removal
Qty Power /day Qty
1st
onboard
Water/fill
Qty
Waste/Grey
Adapter
Qty
Ext Waste
Tk
Qty Ext Water Tk TOTAL
1 $85.00 91 $350.00 $450.00 $900.00 $90.00 $1,500.00 $250.00 $475.00 $31,850.00

OPTIONAL- SERVICE ADD-ONS QTY UNIT TOTAL
Site evaluation
Additional Insured- Certificates ($75-175.00/name/certificate) $450.00
$75.00
Servicing-at the time of pumping vary from Trailer size $85.00-$385.00 Before / After hours/ Same Day Service / Delivery
$575.00-$1,025.00
$300.00
Attending: # of Days up to 6 hours is $900.00/ technician/day. Total can change depending on mileage/distance to the venue. Each additional hour is $75.00-150.00) anything after 12midnight additional fees will apply.
$900.00
California Family Owned and Operated since 2006. A CA certified Small Business and Woman-Owned. Please support local businesses whenever possible as we look forward to serving you at a high-level today and in the future Prices here do not include parts. No charge for factory defect service calls You can always call first to see if we can walk you through, we are available 24/7 *You will be billed separately for any service calls)
The ADA Single Stall Shower Combo Trailer has a 150 gallon waste holding tank. Trailers will come ready for you to enjoy your upscale portable restroom experience. Customer shall be responsible for maintaining the units in a clean, sanitary condition, restocking of supplies, including refilling propane as needed.

Frequency of waste disposal will depend on total number of people using the facility. Indicator located in unit’s utility closet or sight glass, monitors disposal needs.The trailer does have the ability to divert the shower water to a separate area (drain or grassy area) to minimize or eliminate disposal This quote does not act as a rental agreement. Royal Restrooms Customer Service ph 877-922-9980 or Fax (925) 337-8878 221
Agenda Item
City Council
Item #: 3.13. 6/14/2022 File #: 22-0306
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Authorize rental services for service facilities with Mobile Concepts, Inc. dba U.S. Mobile Kitchens for the 517 W. Struck Transition Plan.

2. SUMMARY
Request for City Council to authorize a $83,000 purchase order with Mobile Concepts, Inc. dba U.S.

Mobile Kitchens for one year of service facility rentals (i.e., laundry trailer) for the 517 W. Struck Transition Plan.

3. RECOMMENDED ACTION
Approve purchase order of $83,000 with Mobile Concepts, Inc. dba U.S. Mobile Kitchens for service facility rentals.

4. FISCAL IMPACT
The total expenditure for this purchase order is $83,000 and will be funded through the 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.

6. DISCUSSION AND BACKGROUND
The City has developed a plan to provide services for one year for its unhoused community, a population that has been affected by COVID-19, as Mary’s Kitchen vacates the property located at 517 W. Struck Avenue. The City is collaborating with local nonprofit organizations and contracting with several vendors to provide food services, mail pick-up, showers and restroom facilities (including ADA facilities), and laundry services. The COVID-19 pandemic has impacted this population; providing showers, restroom facilities and laundry services is essential in promoting good hygiene to reduce the rate of infection/sickness that can be caused by COVID-19.

Mobile Concepts, Inc. dba U.S. Mobile Kitchens (US Mobile Kitchens) was the only available vendor who could provide a five washer and five dryer laundry trailer, within the necessary timeframe for the transition plan. Consequently, the City retained the vendor for two months of rental service and opened purchase orders totaling approximately $24,000 with the vendor.

The City is committed to providing all services described in this report for one year, unless otherwise City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.13. 6/14/2022 File #: 22-0306
The City is committed to providing all services described in this report for one year, unless otherwise directed by the Court. The estimated cost for the laundry trailer rental through US Mobile Kitchen is approximately $83,000 to complete one year of service. Therefore, staff is requesting authorization for a purchase order with US Mobile Kitchen in this amount.

At its April 12, 2022 meeting, the City Council appropriated $746,884.76 in Community Development Block Grant (310) funding for the 517 W. Struck Avenue Transition Plan. This expense will be funded through this appropriation. Should additional funding be required for this or any other transition plan services, staff will return to the City Council with an additional appropriation request. The City also has purchase orders for rental services with Royal Restrooms for ADA showers and restrooms and United Rentals for additional shower and restroom facilities. Staff will bring forward any additional and necessary agreements and/or purchase order requests these services in relation to the transition plan to the Council in the future as necessary.

7. ATTACHMENTS
· US Mobile Kitchen Quote
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.13. 6/14/2022 File #: 22-0306
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Authorize rental services for service facilities with Mobile Concepts, Inc. dba U.S. Mobile Kitchens for the 517 W. Struck Transition Plan.

2. SUMMARY
Request for City Council to authorize a $83,000 purchase order with Mobile Concepts, Inc. dba U.S.

Mobile Kitchens for one year of service facility rentals (i.e., laundry trailer) for the 517 W. Struck Transition Plan.

3. RECOMMENDED ACTION
Approve purchase order of $83,000 with Mobile Concepts, Inc. dba U.S. Mobile Kitchens for service facility rentals.

4. FISCAL IMPACT
The total expenditure for this purchase order is $83,000 and will be funded through the 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.

The City is committed to providing all services described in this report for one year, unless otherwise City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.13. 6/14/2022 File #: 22-0306
The City is committed to providing all services described in this report for one year, unless otherwise directed by the Court. The estimated cost for the laundry trailer rental through US Mobile Kitchen is approximately $83,000 to complete one year of service. Therefore, staff is requesting authorization for a purchase order with US Mobile Kitchen in this amount.

At its April 12, 2022 meeting, the City Council appropriated $746,884.76 in Community Development Block Grant (310) funding for the 517 W. Struck Avenue Transition Plan. This expense will be funded through this appropriation. Should additional funding be required for this or any other transition plan services, staff will return to the City Council with an additional appropriation request. The City also has purchase orders for rental services with Royal Restrooms for ADA showers and restrooms and United Rentals for additional shower and restroom facilities. Staff will bring forward any additional and necessary agreements and/or purchase order requests these services in relation to the transition plan to the Council in the future as necessary.

7. ATTACHMENTS
· US Mobile Kitchen Quote
City of Orange Page 2 of 2 Printed on 6/9/2022
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Mobile Concepts, Inc. dba/ Remit To:

U.S. Mobile Kitchens U.S. Mobile Kitchens
4 Glyndon dr 4 Glyndon dr
Reisterstown, MD 21136 Reisterstown, MD 21136
ph: 443-744-8484
Manufacturing Facilities in; Maryland, North Carolina, Texas & California Customer
City of Orange, CA Rachel Gomez
300 E Chapman Ave 714-744-5556 Quote #
Orange, CA 92866
Nicole McDaniel Date: 5/10/2022
714-744-7292 Start Date 5/23/2022
Ship To: 1 month equals 28 days
637 W Stuck Ave Duration: see below
Orange CA 92867 Written By: Lee Stoll 509-481-7943
Qty. Description Monthly Rate
1 Month Rental - extension 5/23/22 - 6/21/22
1 24' Mobile Laundry Unit-5W/5D $ 7,250
1 1000 gal gray water bladder w/hose $ 250
5/23/22 - 5/1/23
1 24' Mobile Laundry Unit-5W/5D $ 6,800
1 1000 gal gray water bladder w/hose $ 200

TRANSPORT, INSTALLATION & REMOVAL
Laundry Unit & Bladder - Delivery & Return
applicable sales tax
applicable permits
Quotation
QT-05102022-001
[email protected]
Prices does not include:

This quote assumes the site is level and accessable for trailers & services One time
Charges
12 Month Rental - extension
included in orignal Rental Agreement #5375
226
Agenda Item
City Council
Item #: 3.14. 6/14/2022 File #: 22-0241
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Appropriation of $83,449.28 in designated Public Safety Realignment/Assembly Bill 109 funding received from the County of Orange.

2. SUMMARY
Appropriation of $83,449.28 in funding from the County of Orange to assist the Orange County Probation Department with case management of adult felon offenders during Fiscal Year 2021-2022.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget an $83,449.28 deposit from the County of Orange, into revenue account number 100.4031.45495.20159, Other Grant Revenue - Post Release Community Supervision.

2. Authorize the appropriation of $83,449.28 into expenditure account number 100.4031.50221.20159, Overtime - Post Release Community Supervision.

4. FISCAL IMPACT
The total appropriations for this reimbursement are funded by the additional revenue received from the County of Orange.

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
In 2011, the Public Safety Realignment Act/Assembly Bill 109 (AB109) transferred the responsibility for managing and supervising adult felon offenders from the California Department of Corrections and Rehabilitation to each county under the Post Release Community Supervision (PRCS) program.

AB109 helps mitigate the impact of longer sentences and is an alternative frequently used to transition inmates back into the community. Inmates eligible for release to local jurisdictions for supervision under PRCS must be:
· Currently incarcerated for non-violent and non-serious offenses · Released on parole and non-revocable parole
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· Are not high-risk sex offenders
The Police Department is working closely with Orange County Probation to help manage these offenders by closely monitoring these individuals and conducting scheduled sweeps. The allocation amount of $83,449.28 to the City of Orange Police Department provides funding for public safety services during Fiscal Year 2021-2022.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.14. 6/14/2022 File #: 22-0241
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Appropriation of $83,449.28 in designated Public Safety Realignment/Assembly Bill 109 funding received from the County of Orange.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget an $83,449.28 deposit from the County of Orange, into revenue account number 100.4031.45495.20159, Other Grant Revenue - Post Release Community Supervision.

2. Authorize the appropriation of $83,449.28 into expenditure account number 100.4031.50221.20159, Overtime - Post Release Community Supervision.

4. FISCAL IMPACT
The total appropriations for this reimbursement are funded by the additional revenue received from the County of Orange.

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

AB109 helps mitigate the impact of longer sentences and is an alternative frequently used to transition inmates back into the community. Inmates eligible for release to local jurisdictions for supervision under PRCS must be:
· Currently incarcerated for non-violent and non-serious offenses · Released on parole and non-revocable parole
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· Are not high-risk sex offenders
The Police Department is working closely with Orange County Probation to help manage these offenders by closely monitoring these individuals and conducting scheduled sweeps. The allocation amount of $83,449.28 to the City of Orange Police Department provides funding for public safety services during Fiscal Year 2021-2022.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.15. 6/14/2022 File #: 22-0312
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Appropriation of $8,091.37 in designated funding received for the 2022 CALNENA annual conference from the State of California Office of Emergency Services.

2. SUMMARY
The State of California Office of Emergency Services has approved an annual training allotment available to 9-1-1 County Coordinator’s and Public Safety Answering Points. The reimbursement will cover the cost of training, lodging, transportation, and per diem expenses up to $10,000 for Fiscal Year 2021-2022.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget an $8,091.37 deposit from the State of California Office of Emergency Services, into revenue account number 100.4011.48210.20131, CALNENA.

2. Authorize the appropriation of $8,091.37 into the following expenditure account numbers:
$3605.05 100.4011.51830.20131 Overnight Training, Conference - CALNENA $4486.32 100.4012.50002.20131 Regular Salaries - CALNENA

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 4: Provide outstanding public service
e: Attract, retain, and develop quality employees dedicated to public service.

6. DISCUSSION AND BACKGROUND
The Public Safety Communications Division of the California Governor’s Office of Emergency Services provides valuable communication services to first responders and oversight of the 9-1-1 system. For Fiscal Year 2021-2022, the California 9-1-1 Emergency Communications Branch approved 9-1-1 County Coordinators and Public Safety Answering Point’s use of their annual training allotment of $10,000 to attend the California Chapter of the National Emergency Number Association’s (CALNENA) 2022 annual conference in San Diego, California, February 27th - March 2nd, 2022. The purpose of CALNENA is to foster a reliable and continuously improved emergency City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.15. 6/14/2022 File #: 22-0312
telephone number network through research, planning, training, and education.

The allocation amount of $8,091.37 to the City of Orange Police Department will reimburse salaries and travel expenditures incurred during the CALNENA conference.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.15. 6/14/2022 File #: 22-0312
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Appropriation of $8,091.37 in designated funding received for the 2022 CALNENA annual conference from the State of California Office of Emergency Services.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget an $8,091.37 deposit from the State of California Office of Emergency Services, into revenue account number 100.4011.48210.20131, CALNENA.

2. Authorize the appropriation of $8,091.37 into the following expenditure account numbers:
100.4011.51830.20131 Overnight Training, Conference - CALNENA $ 3,605.05 100.4012.50002.20131 Regular Salaries - CALNENA 4,486.32

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 4: Provide outstanding public service
e: Attract, retain, and develop quality employees dedicated to public service.

6. DISCUSSION AND BACKGROUND
The Public Safety Communications Division of the California Governor’s Office of Emergency Services provides valuable communication services to first responders and oversight of the 9-1-1 system. For Fiscal Year 2021-2022, the California 9-1-1 Emergency Communications Branch approved 9-1-1 County Coordinators and Public Safety Answering Point’s use of their annual training allotment of $10,000 to attend the California Chapter of the National Emergency Number Association’s (CALNENA) 2022 annual conference in San Diego, California, February 27th - March 2nd, 2022. The purpose of CALNENA is to foster a reliable and continuously improved emergency City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.15. 6/14/2022 File #: 22-0312
telephone number network through research, planning, training, and education.

The allocation amount of $8,091.37 to the City of Orange Police Department will reimburse salaries and travel expenditures incurred during the CALNENA conference.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.16. 6/14/2022 File #: 22-0339
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Appropriation of $8,317.99 in revenue from community partnership donations and user group maintenance fees.

2. SUMMARY
Collected revenues are recommended to be appropriated for 2022 City Special events and sports field maintenance.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $8,317.99 in community partnership donations and user group maintenance fees into the following accounts:
$5,000.00 100.7015.48390.30197 Donations-2022 Special Events Season $3,317.99 100.7022.42480.00000 User Group Maintenance Fees

2. Authorize the following appropriations in the expenditure accounts in the General Fund:
$5,000.00 100.1015.51355.30197 Special Events-2022 Season $3,317.99 100.7022.51424.00000 User Group Maintenance

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 Partnership Donation
The City’s annual Community Partnership Program solicits donations to support Citywide special events. The City’s donation policy states that single donations greater than $5,000 may only be accepted and appropriated by the City Council. St. John’s Lutheran Church & School became a “Whole Orange” partner for the 2022 Special Event Season and donated $5,000. Staff is requesting a total of $5,000 to be accepted and appropriated to help cover the cost of the City’s annual special events.

Sports Field Maintenance
The Community Services Department developed a cooperative program with ongoing youth sports groups to fund annual maintenance and renovation of sports fields, based on significant wear City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.16. 6/14/2022 File #: 22-0339
groups to fund annual maintenance and renovation of sports fields, based on significant wear resulting from repetitive use. User groups reimburse the City based on a formula for multi-use fields, or actual amounts for work performed on a single-user field. This process allows for equitable contributions by each user group and avoids any potential liability issues that may arise from unauthorized contractors doing work on City property.

The City billed a total of $3,317.99 in April 2022 to five approved user groups for applicable field maintenance at El Modena Park this Fiscal Year to date. These groups are CSR, Olive Pony, Orange Lutheran High School, Oso Baseball, and Pacific Baseball League. The summary of revenue sources is below.

Summary of Revenue Sources
The total appropriation request is $8,317.99.

Revenue Source Total Collected Location
St. John’s Lutheran Church and School $5,000.00 Community Partnership CSR 832.91 El Modena Park
Olive Pony 992.21 El Modena Park
Orange Lutheran High School 1,110.55 El Modena Park
Oso Baseball 318.60 El Modena Park
Pacific Baseball League 63.72 El Modena Park
TOTAL $8,317.99

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.16. 6/14/2022 File #: 22-0339
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Appropriation of $8,317.99 in revenue from community partnership donations and user group maintenance fees.

2. SUMMARY
Collected revenues are recommended to be appropriated for 2022 City Special events and sports field maintenance.

3. RECOMMENDED ACTION

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.

Sports Field Maintenance
The Community Services Department developed a cooperative program with ongoing youth sports groups to fund annual maintenance and renovation of sports fields, based on significant wear City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.16. 6/14/2022 File #: 22-0339
groups to fund annual maintenance and renovation of sports fields, based on significant wear resulting from repetitive use. User groups reimburse the City based on a formula for multi-use fields, or actual amounts for work performed on a single-user field. This process allows for equitable contributions by each user group and avoids any potential liability issues that may arise from unauthorized contractors doing work on City property.

Summary of Revenue Sources
The total appropriation request is $8,317.99.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.17. 6/14/2022 File #: 22-0349
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $232,003.10 in State of California Office of Emergency Services funding received.

2. SUMMARY
Costs for strike team and individual overhead deployments represent non-budgeted expenditures for the Fire Department. These costs are reimbursed by the State of California Office of Emergency Services at a later date. Staff is requesting that funds be appropriated into the appropriate expenditure accounts for Fiscal Year 2021-2022.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $232,003.10 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 $229,079.32 into the expenditure account number for OvertimeSafety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $2,923.78 into the expenditure account numbers for Strike Team Expenditures 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 Page 1 of 2 Printed on 6/9/2022
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Item #: 3.17. 6/14/2022 File #: 22-0349
resources respond to fill a specific role for an incident, such as Safety Officer or Line Emergency 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 KNP Complex Fire for $232,003.10.

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 for the KNP Complex Fire:
$ 232,003.10 100.3024.48212.40284 - Reimbursement from Cal EMA $ 229,079.32 100.3024.50221.40284 - Overtime-Safety
$ 2,923.78 100.3024.53860.40284 - Strike Team Expenditures

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.17. 6/14/2022 File #: 22-0349
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $232,003.10 in State of California Office of Emergency Services funding received.

3. RECOMMENDED ACTION

2. Authorize the appropriation of $229,079.32 into the expenditure account number for OvertimeSafety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $2,923.78 into the expenditure account numbers for Strike Team Expenditures 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 Page 1 of 2 Printed on 6/9/2022
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Item #: 3.17. 6/14/2022 File #: 22-0349
resources respond to fill a specific role for an incident, such as Safety Officer or Line Emergency 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 KNP Complex Fire for $232,003.10.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.18. 6/14/2022 File #: 22-0366
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Appropriation of $10,927 in State of California Office of Emergency Services funding received.

2. SUMMARY
Reimbursement to offset the cost of medical evidentiary examinations for sexual assault victims.

These costs are reimbursed by the State of California Office of Emergency Services for examinations conducted during Fiscal Year 2021-2022.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $10,927 in designated funding from the State of California Office of Emergency Services, into revenue account number 100.4031.48218.40321, CalOES - Medical Examinations.

2. Authorize the appropriation of $10,927 into expenditure account number 100.4031.51640.00000, Contractual Services - Medical.

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 State of California Office of Emergency Services (CalOES) is required to establish a protocol for the examination and treatment of victims of sexual abuse and the collection and preservation of evidence therefrom.

Existing law prohibits costs incurred for the medical examination from being charged to a victim of the assault. As a result, the cost of a medical examination performed by a qualified health care professional, hospital, or other emergency medical facility for a victim of sexual assault is treated as a local cost and charged to the local law enforcement agency in whose jurisdiction the alleged offense was committed. Effective July 16, 2021, the bill also authorizes local law enforcement agencies to seek reimbursement from CalOES to offset the cost of examinations for victims of sexual assault.

The established rate reimbursed by OES is determined by reporting criteria provided at the time of the examination, up to $1,127 per examination.

The allocation amount of $10,927 to the City of Orange Police Department will offset the cost of City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.18. 6/14/2022 File #: 22-0366
The allocation amount of $10,927 to the City of Orange Police Department will offset the cost of medical services incurred during FY 21-22.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.18. 6/14/2022 File #: 22-0366
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Appropriation of $10,927 in State of California Office of Emergency Services funding received.

2. SUMMARY
Reimbursement to offset the cost of medical evidentiary examinations for sexual assault victims.

These costs are reimbursed by the State of California Office of Emergency Services for examinations conducted during Fiscal Year 2021-2022.

3. RECOMMENDED ACTION

2. Authorize the appropriation of $10,927 into expenditure account number 100.4031.51640.00000, Contractual Services - Medical.

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.

The established rate reimbursed by OES is determined by reporting criteria provided at the time of the examination, up to $1,127 per examination.

The allocation amount of $10,927 to the City of Orange Police Department will offset the cost of City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.18. 6/14/2022 File #: 22-0366
The allocation amount of $10,927 to the City of Orange Police Department will offset the cost of medical services incurred during FY 21-22.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.19. 6/14/2022 File #: 22-0316
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 and authorization to advertise for bids for Tustin & La Veta Traffic Signal Upgrade Project; Bid No. 22-23.02, SP-4042.

2. SUMMARY
Plans and specifications have been prepared for the Tustin & La Veta Traffic Signal Upgrade Project and are ready to be advertised for bids. The total estimated construction cost, including 15% for contingencies and construction engineering is $115,000.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for bids for Tustin & La Veta Traffic Signal Upgrade.

4. FISCAL IMPACT
The total expenditure for this project is $115,000 and will be funded in Tustin & La Veta Traffic Signal Upgrade (20351) through TSIP Citywide (287).

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 traffic signal upgrades at the intersection of Tustin Street and La Veta Avenue, replacing obsolete equipment. The improvements include upgrade of video detection system, traffic signal controller and cabinet, luminaires, and internally illuminated street name signs.

The estimated construction cost for the project, including 15% for contingencies and construction engineering, is $115,000. 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.

Due to long lead times for traffic signal equipment, construction is scheduled to begin in October City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.19. 6/14/2022 File #: 22-0316
2022 and is expected to be completed within 30 calendar days after the start of construction.

The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA guidelines Section 15301, Class 1. The Notice of Exemption was filed on April 8, 2022 with the County Recorder’s Office.

Plans and specifications are available for review in the Public Works Department.

7. ATTACHMENTS
· Location Map
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.19. 6/14/2022 File #: 22-0316
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 and authorization to advertise for bids for Tustin & La Veta Traffic Signal Upgrade Project; Bid No. 22-23.02, SP-4042.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for bids for Tustin & La Veta Traffic Signal Upgrade.

4. FISCAL IMPACT
The total expenditure for this project is $115,000 and will be funded in Tustin & La Veta Traffic Signal Upgrade (20351) through TSIP Citywide (287).

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.

Due to long lead times for traffic signal equipment, construction is scheduled to begin in October City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.19. 6/14/2022 File #: 22-0316
2022 and is expected to be completed within 30 calendar days after the start of construction.

Plans and specifications are available for review in the Public Works Department.

7. ATTACHMENTS
· Location Map
City of Orange Page 2 of 2 Printed on 6/9/2022
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Location Map
SP-4042 Tustin St & La Veta Ave Intersection
251
Agenda Item
City Council
Item #: 3.20. 6/14/2022 File #: 22-0351
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
Five 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. Greg Gannon

2. Tom Korsvall

3. Dustin Paul Newhouse

4. Angela Miyong Lee

5. Diana Villa

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 Greg Gannon alleging property damage to sewer line due to City tree roots.

2. Claim for damages from Tom Korsvall alleging property damage to sewer line due to City tree roots.

3. Claim for damages from Dustin Paul Newhouse alleging personal injury due to a traffic collision with a CHP vehicle.

4. Claim for damages from Angela Miyong Lee alleging personal injury due to a traffic collision with a CHP vehicle.

5. Claim for damages from Diana Villa alleging property damage when a City tree branch fell on Claimant’s vehicle during a high wind event.

City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.20. 6/14/2022 File #: 22-0351

7. ATTACHMENTS
· None.

City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.20. 6/14/2022 File #: 22-0351
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
Five 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. Greg Gannon

2. Tom Korsvall

3. Dustin Paul Newhouse

4. Angela Miyong Lee

5. Diana Villa

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 Greg Gannon alleging property damage to sewer line due to City tree roots.

2. Claim for damages from Tom Korsvall alleging property damage to sewer line due to City tree roots.

3. Claim for damages from Dustin Paul Newhouse alleging personal injury due to a traffic collision with a CHP vehicle.

4. Claim for damages from Angela Miyong Lee alleging personal injury due to a traffic collision with a CHP vehicle.

5. Claim for damages from Diana Villa alleging property damage when a City tree branch fell on Claimant’s vehicle during a high wind event.

City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.20. 6/14/2022 File #: 22-0351

7. ATTACHMENTS
· None.

City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.21. 6/14/2022 File #: 22-0328
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. 20-21.28, Annual Pavement Maintenance at Various Locations Project, Fiscal Year (FY) 2020-2021; and authorization to file Notice of Completion.

2. SUMMARY
The project included the rehabilitation of four arterial streets and 16 residential streets throughout the City of Orange. The street rehabilitation consisted of removing and reconstruction severely damaged pavement sections, grinding, and overlaying the rest of the roadway. Other aspects of the project included replacement of damaged curb and gutter, and reconstruction of Americans with Disabilities Act (ADA) sidewalk access ramps. The City of Orange entered into a contract with R.J. Noble Company to rehabilitate streets at various locations throughout the City. The work was completed to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION
Accept Annual Pavement Maintenance at Various Locations Project (SP-4139), FY 2020-2021 as complete, and authorize staff to file Notice of Completion with the County Recorder.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Page 1 of 1 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.21. 6/14/2022 File #: 22-0328
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. 20-21.28, Annual Pavement Maintenance at Various Locations Project, Fiscal Year (FY) 2020-2021; and authorization to file Notice of Completion.

3. RECOMMENDED ACTION
Accept Annual Pavement Maintenance at Various Locations Project (SP-4139), FY 2020-2021 as complete, and authorize staff to file Notice of Completion with the County Recorder.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Page 1 of 1 Printed on 6/9/2022
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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.

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 R.J. Noble Company, a California corporation, with its principal office at 15505 E Lincoln Avenue, Orange, State of California.

The name of the surety on the Labor and Material Bond for the Project is Western Surety Company, South Dakota (Bond No. 30125905) in the amount of $2,879,120.00.

DATED as of the 14th day of June 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 14th day of June 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
258
Agenda Item
City Council
Item #: 3.22. 6/14/2022 File #: 22-0372
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. 20-21.45, Steel Streetlight Replacement project; and authorization to file Notice of Completion.

2. SUMMARY
The City of Orange entered into a contract with California Professional Engineering, Inc. to replace existing steel streetlight with 25 concrete Streetlight poles, at various locations throughout the City.

The work was completed to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION
Accept Steel Streetlight Replacement 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 Page 1 of 1 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.22. 6/14/2022 File #: 22-0372
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. 20-21.45, Steel Streetlight Replacement project; and authorization to file Notice of Completion.

The work was completed to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION
Accept Steel Streetlight Replacement 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 Page 1 of 1 Printed on 6/9/2022
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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 “Steel Streetlight Replacement, FY 2020-21 (Bid No. 20-21.45; SP-4140)” (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 June 14, 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 CALIFORNIA PROFESSINAL ENGINEERING INC., a California corporation, with its principal office at 19062 San Jose Ave, La Puente, State of California.

The name of the surety on the Labor and Material Bond for the Project is United States Fire Insurance Company, DE (Bond No. 6131031246) in the amount of $392,738.60.

DATED as of the 14th day of June 2022. CITY OF ORANGE, a municipal corporation By:

Mark A. Murphy, Mayor, City of Orange

STATE OF CALIFORNIA

DATED as of the 14th day of June 2022 at Orange, California.

Pamela Coleman, City Clerk, City of Orange
261
Agenda Item
City Council
Item #: 3.23. 6/14/2022 File #: 22-0329
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. 20-21.51; SP-4171, Annual Pavement Maintenance at Various Locations Project, Fiscal Year (FY) 2020-2021, Phase 2; and authorization to file Notice of Completion.

2. SUMMARY
The project included the rehabilitation of two arterial streets throughout the City of Orange. The street rehabilitation consisted of removing and reconstruction severely damaged pavement sections, grinding, and overlaying the rest of the roadway. Other aspects of the project included replacement of damaged sidewalks, curb, gutter, and reconstruction of Americans with Disabilities Act (ADA) sidewalk access ramps. The City of Orange entered into a contract with R.J. Noble Company to rehabilitate streets at various locations throughout the City. The work was completed to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION
Accept Annual Pavement Maintenance at Various Locations Project, FY 2020-2021, Phase 2 as complete, and authorize staff to file Notice of Completion with the County Recorder.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Page 1 of 1 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.23. 6/14/2022 File #: 22-0329
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

3. RECOMMENDED ACTION
Accept Annual Pavement Maintenance at Various Locations Project, FY 2020-2021, Phase 2 as complete, and authorize staff to file Notice of Completion with the County Recorder.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Page 1 of 1 Printed on 6/9/2022
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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 “Annual Pavement Maintenance at Various Locations Project, Fiscal Year 2020-2021, Phase 2 (Bid No. 20-21.51; SP-4171)” (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 June 14, 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 R.J. Noble Company, a California corporation, with its principal office at 15505 E Lincoln Avenue, Orange, State of California.

The name of the surety on the Labor and Material Bond for the Project is Western Surety Company, South Dakota (Bond No. 301933964) in the amount of $1,040,944.50.

DATED as of the 14th day of June 2022. CITY OF ORANGE, a municipal corporation By:

Mark A. Murphy, Mayor, City of Orange

STATE OF CALIFORNIA

DATED as of the 14th day of June 2022 at Orange, California.

Pamela Coleman, City Clerk, City of Orange
264
Agenda Item
City Council
Item #: 3.24. 6/14/2022 File #: 22-0304
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. 21-22.09; SP-4157, Bus Stop Enhancement at Various Locations Project; and authorization to file Notice of Completion.

2. SUMMARY
The City of Orange entered into a contract with Calpromax Engineering Inc., to furnish and install bus shelters, at five (5) locations throughout the City, with solar panels, 8-foot and 5-foot benches, 32- gallon trash receptacles. The work was completed to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION
Accept Bus Stop Enhancement 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 Page 1 of 1 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.24. 6/14/2022 File #: 22-0304
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. 21-22.09; SP-4157, Bus Stop Enhancement at Various Locations Project; and authorization to file Notice of Completion.

3. RECOMMENDED ACTION
Accept Bus Stop Enhancement 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 Page 1 of 1 Printed on 6/9/2022
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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 “Bus Stop Enhancement at Various Locations (Bid No. 21-22.09; SP-4157)” (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 June 14, 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 CALPROMAX Engineering Inc., a California corporation, with its principal office at 700 S. Van Buran St. Suite C, Placentia, State of California.

The name of the surety on the Labor and Material Bond for the Project is United States Fire Insurance Company, DE (Bond No. 602-134687-8) in the amount of $121,000.00.

DATED as of the 14th day of June 2022. CITY OF ORANGE, a municipal corporation By:

Mark A. Murphy, Mayor, City of Orange

STATE OF CALIFORNIA

DATED as of the 14th day of June 2022 at Orange, California.

Pamela Coleman, City Clerk, City of Orange
267
Agenda Item
City Council
Item #: 3.25. 6/14/2022 File #: 22-0327
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. 21-22.11, CDBG FY 21-22 Beverly Neighborhood Street Rehabilitation; and authorization to file Notice of Completion.

2. SUMMARY
The project included the rehabilitation of eight residential streets throughout the City of Orange. The street rehabilitation consisted of removing and reconstruction severely damaged pavement sections, grinding, and overlaying the rest of the roadway. Other aspects of the project included replacement of damaged curb and gutter, and reconstruction of Americans with Disabilities Act (ADA) sidewalk access ramps. The City of Orange entered into a contract with R.J. Noble Company. The work was completed to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION
Accept CDBG FY 21-22 Beverly Neighborhood Street Rehabilitation 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 Page 1 of 1 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.25. 6/14/2022 File #: 22-0327
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. 21-22.11, CDBG FY 21-22 Beverly Neighborhood Street Rehabilitation; and authorization to file Notice of Completion.

3. RECOMMENDED ACTION
Accept CDBG FY 21-22 Beverly Neighborhood Street Rehabilitation 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 Page 1 of 1 Printed on 6/9/2022
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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 “CDBG FY 2021- 2022 Beverly Neighborhood Street Rehabilitation (Bid No. 21-22.11; SP-4179)” (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 June 14, 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 R.J. Noble Company, a California corporation, with its principal office at 15505 E Lincoln Avenue, Orange, State of California.

The name of the surety on the Labor and Material Bond for the Project is Western Surety Company, South Dakota (Bond No. 30143828) in the amount of $568,885.65.

DATED as of the 14th day of June 2022. CITY OF ORANGE, a municipal corporation By:

Mark A. Murphy, Mayor, City of Orange

STATE OF CALIFORNIA

DATED as of the 14th day of June 2022 at Orange, California.

Pamela Coleman, City Clerk, City of Orange
270
Agenda Item
City Council
Item #: 3.26. 6/14/2022 File #: 22-0373
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. 21-22.12; Prospect and Spring Right Turn Lane Modification Project; and authorization to file Notice of Completion.

2. SUMMARY
The project consisted of widening the west leg of the intersection at Prospect Street and Spring Street by adding a dedicated left and right turn lane. In addition, the project installed new sidewalk along Prospect Street, provided new Accessible Pedestrian Signal (APS) to replace older push buttons, new traffic signal equipment, and ADA upgrades within the project area. The City of Orange entered into a contract with Hardy and Harper, Inc. and the work was completed to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION
Accept Prospect and Spring Right Turn Lane Modification Project (SP-4131) as complete; and authorize staff to file Notice of Completion with the County Recorder.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Page 1 of 1 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.26. 6/14/2022 File #: 22-0373
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. 21-22.12; Prospect and Spring Right Turn Lane Modification Project; and authorization to file Notice of Completion.

3. RECOMMENDED ACTION
Accept Prospect and Spring Right Turn Lane Modification Project (SP-4131) as complete; and authorize staff to file Notice of Completion with the County Recorder.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Page 1 of 1 Printed on 6/9/2022
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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 “Prospect and Spring Right Turn Lane Modification Project (Bid No. 21-22.12; SP-4131)” (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 June 14, 2022 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project is at the intersection of Prospect and Spring in the City of Orange, State of California. The contractor who performed (or caused to be performed) said public work and improvements were Hardy and Harper Inc., a California corporation, with its principal office at 32 Rancho Circle Lake Forest, 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. 7667392) in the amount of $920,000.00.

DATED as of the 14th day of June 2022. CITY OF ORANGE, a municipal corporation By:

Mark A. Murphy, Mayor, City of Orange

STATE OF CALIFORNIA

DATED as of the 14th day of June 2022 at Orange, California.

Pamela Coleman, City Clerk, City of Orange
273
Agenda Item
City Council
Item #: 3.27. 6/14/2022 File #: 22-0374
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. 21-22.19, Annual Concrete Replacement at Various Locations project; and authorization to file Notice of Completion.

2. SUMMARY
The City of Orange entered into a contract with CT&T Concrete Paving, Inc. to replace damaged curb and gutter, sidewalk and reconstruction of Americans with Disabilities Act (ADA) sidewalk access ramps at various locations throughout the City. The work was completed to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION
Accept Annual Concrete Replacement at Various Locations project (SP-4181) as complete; and authorize staff to file Notice of Completion with the County Recorder.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Page 1 of 1 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.27. 6/14/2022 File #: 22-0374
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. 21-22.19, Annual Concrete Replacement at Various Locations project; and authorization to file Notice of Completion.

3. RECOMMENDED ACTION
Accept Annual Concrete Replacement at Various Locations project (SP-4181) as complete; and authorize staff to file Notice of Completion with the County Recorder.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Page 1 of 1 Printed on 6/9/2022
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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 “Annual Concrete Replacement at Various Locations, Fiscal Year 2021-2022 Project (Bid No. 21-22.19; SP-4181)” (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 June 14, 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 Inc., a California corporation, with its principal office at 324 S Diamond Bar Blvd, Diamond Bar, State of California.

The name of the surety on the Labor and Material Bond for the Project is Contractors Bonding and Insurance Company, Illinois (Bond No. RCB0031946) in the amount of $775,280.00.

DATED as of the 14th day of June 2022. CITY OF ORANGE, a municipal corporation By:

Mark A. Murphy, Mayor, City of Orange

STATE OF CALIFORNIA

DATED as of the 14th day of June 2022 at Orange, California.

Pamela Coleman, City Clerk, City of Orange
276
Agenda Item
City Council
Item #: 3.28. 6/14/2022 File #: 22-0243
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 Innovation Painting, Inc. for Fire Hydrant Painting Services; Bid No. 21-22.29.

2. SUMMARY
Seven bids for Fire Hydrant Painting Services were received and opened on April 14, 2022. One bid was deemed unqualified for failing to acknowledge the receipts of addenda. The apparent low bidder is Innovation Painting, Inc. of Ontario, CA for $39,050.

3. RECOMMENDED ACTION

1. Award the contract to Innovation Painting Inc. in the amount of $39,050 for Fire Hydrant Painting Services, and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize 10% of the contract amount for contingency purposes.

4. FISCAL IMPACT
The total expenditure for this contract is $42,955 and will be funded through Water Fund (600).

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

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
There are over 4,400 fire hydrants throughout the City. It is estimated that approximately 1,100 fire hydrants will need to be painted each year to complete the four-year cycle of fire hydrant painting.

The scope of work includes traffic control, removal of grease, oil, loose paint, dirt, foreign materials, and painting with all necessary labor, equipment, and materials. The project is expected to start on or after July 1, 2022 and be completed by December 2022.

The City Council previously approved of an advertisement for bids on March 8, 2022. The bids were received and opened on April 14, 2022. Seven bidders responded as follows:

CONTRACTOR TOTAL
City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.28. 6/14/2022 File #: 22-0243

1. Innovation Painting Inc. $ 39,050

2. Harbor Coding and Restoration $ 40,700

3. Polychrome Construction, Inc. $ 40,700*

4. Tony’s Painting $ 52,800

5. Signature Painting $ 69,300

6. NEP Painting $159,500

7. Omega Construction Co. $324,500
* Polychrome Construction’s proposal was deemed unqualified for failing to acknowledge the receipt of issued addenda and not including the required bid bond.

Innovation Painting Inc. is the apparent responsive low bidder. Staff conducted reference checks with other agencies including Southern California Airport Authority, City of Santa Fe Springs, Palm Springs Unified School District, and County of San Bernardino. All agencies contacted provided positive feedback and good reviews on the performance of Innovation Painting Inc. Therefore, staff recommends that Innovation Painting Inc. be awarded the contract in the amount of $39,050, plus a 10% contingency for a total amount of $42,955.

The term of the contract is for one year with an option to renew the contract annually for a total of three more years if the City is satisfied with the level of service from the contractor. Approval of the extensions will be based upon performance and will be executed by the City Manager. The cost for the initial year, including 10% contingency, is $42,955. Each subsequent year is subject to a formulabased consumer price index (CPI) with an adjustment cap of no greater than 2%.

7. ATTACHMENTS
· Contract Agreement with Innovation Painting, Inc.
· Bid Abstract
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.28. 6/14/2022 File #: 22-0243
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 Innovation Painting Inc. for Fire Hydrant Painting Services; Bid No. 21-22.29.

3. RECOMMENDED ACTION

1. Award the contract to Innovation Painting Inc. in the amount of $39,050 for Fire Hydrant Painting Services, and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize 10% of the contract amount for contingency purposes.

4. FISCAL IMPACT
The total expenditure for this contract is $42,955 and will be funded through Water Fund (600).

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

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

The City Council previously approved of an advertisement for bids on March 8, 2022. The bids were received and opened on April 14, 2022. Seven bidders responded as follows:

CONTRACTOR TOTAL
City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.28. 6/14/2022 File #: 22-0243

1. Innovation Painting Inc. $ 39,050

2. Harbor Coding and Restoration $ 40,700

3. Polychrome Construction, Inc. $ 40,700*

4. Tony’s Painting $ 52,800

5. Signature Painting $ 69,300

6. NEP Painting $159,500

7. Omega Construction Co. $324,500
* Polychrome Construction’s proposal was deemed unqualified for failing to acknowledge the receipt of issued addenda and not including the required bid bond.

7. ATTACHMENTS
· Contract Agreement with Innovation Painting, Inc.
· Bid Abstract
City of Orange Page 2 of 2 Printed on 6/9/2022
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CONTRACT
[Fire Hydrant Painting Services (Bid No. 21-22.29)]
THIS CONTRACT (the “Contract”) is made and entered into as of ______________, 2022 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and INNOVATION PAINTING INC., (“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 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); (2) 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;” (3) 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.
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2 d. The Work shall be performed in conformity with the Plans and Specifications and the Bid Proposal and all applicable laws, including any and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment.
e. Unless and until otherwise notified in writing by City’s Public Works Director, City’s Senior Civil Engineer, Tuan Cao (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Public Works Director may designate from time to time, that Contractor shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Public Works Director. f. It is expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and Contractor’s Bid Proposal, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid Proposal conflicting herewith.

ARTICLE 2
Commencement of Work
Contractor shall commence the Work provided for in this Contract within fifteen (15) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within three hundred sixty-five (365) 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 THIRTY NINE THOUSAND FIFTY DOLLARS and 00/100 ($39,050.00) as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be 282
3 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 THREE THOUSAND NINE HUNDRED FIVE DOLLARS and 00/100 ($3,905.00) 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 FORTY TWO THOUSAND NINE HUNDRED FIFTY-FIVE DOLLARS and 00/100 ($42,955).

ARTICLE 4
Licenses
Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the Work contemplated by this Contract and that Contractor and subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Contract.

ARTICLE 5
Guarantees
a. Contractor guarantees the construction and installation of all Work included in the Plans and Specifications for which Contractor has been awarded this Contract. b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty equipment, workmanship, materials furnished or methods of installations, or should said Work or any part thereof fail to function properly, as designed, due to any of the above causes within twelve (12) months after the date on which said Work is accepted by City, Contractor shall make repairs and furnish such materials and equipment as are necessary to be furnished and installed within fifteen (15) calendar days after the receipt of a demand from City.
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4 c. Said Work will be deemed defective within the meaning of this guarantee in the event that it fails to function as originally intended either by the Plans and Specifications of this Contract or by the manufacturer(s) of the equipment incorporated into the Work. d. In the event repairs are not made within fifteen (15) calendar days after Contractor's receipt of a demand from City, City shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand, for all expenses 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 repairs by City, Contractor shall reimburse City, upon demand, for all expenses incurred. Emergency repairs will be deemed as those repairs determined by City’s Director of Public Works to be necessary due to an immediate detriment to the health, safety, welfare or convenience of the residents of City.

ARTICLE 6
Water Quality
a. The Santa Ana Regional Water Quality Control Board (“RWQCB”) has issued National Pollutant Discharge Elimination System (“NPDES”) Permit No. R8-2009-0030 (the “Permit”), which governs storm water and non-storm water discharges resulting from municipal activities performed by City or its contractors. In order to comply with the Permit requirements, the County of Orange has prepared a Drainage Area Management Plan (“DAMP”), containing Model Maintenance Procedures with Best Management Practices (“BMPs”) that City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, storm water runoff, and receiving water quality. Examples include: wash water from cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas.
b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the office of City’s Director of Public Works. Contractor hereby acknowledges that it has read, reviewed and understands the Permit, the DAMP and the Model Maintenance Procedures, as they relate to the Work and hereby shall perform the Work in conformance therewith.

ARTICLE 7
Independent Contractor; Contractor not Agent
a. At all times during the term of this Contract, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor’s services rendered pursuant to this Contract. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Contract. Contractor 284
5 shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.
b. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.

ARTICLE 8
Public Work; Prevailing Wage
a. The Work which is the subject of this Contract is a “public work,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid.

To the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions. c. Contractor shall secure the payment of compensation to its employees in accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
d. Contractor shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against 285
6 any and all loss, liability, damage, claim, cost, expense, and/or “increased costs” (including reasonable attorney’s fees, court and litigation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the Work 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 of compensation and selection for training, including apprenticeship. Contractor shall 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 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
286
7 Indemnity
Contractor shall defend, indemnify and hold harmless City and its officers, officials, agents, and employees from and against:
a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or adjacent to the real property which is the subject of this Contract, or in connection with performance of this Contract which may be directly or indirectly caused by the acts or omissions of Contractor or its officers, employees, contractors or agents, or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents, and employees. The foregoing indemnity shall survive termination of this Contract. b. Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or its subcontractor’s employees arising out of Contractor’s Work under this Contract, including any and all claims under any law pertaining to Contractor’s status as an independent contractor.

ARTICLE 12
Insurance
a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract.
b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.
(1) General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the general aggregate
limit shall be twice the required
occurrence limit.
287
8 (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 approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or selfinsured retentions with respect to City, its officers, officials, agents and employees; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. e. Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:
(1) City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability arising out of Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such Work or operations. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall apply to City as an additional insured.
(2) For any claims related to this Contract, Contractor’s insurance coverage shall 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.
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9 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. In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom by way of set-off from any sums owed Contractor. i. Contractor agrees that in the event of loss due to any of the perils for which 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.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all Work performed by Contractor, its employees, agents and subcontractors. Contractor shall obtain any other endorsement that may be necessary to effect this waiver of subrogation. j. Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein.

ARTICLE 13
Termination
City, acting through its City Manager or his/her designee, reserves the right to terminate this Contract for any reason by giving five (5) days’ written notice of intent to terminate to Contractor. Upon receipt of notice, Contractor shall immediately cease work, unless the notice provides otherwise. Should City terminate this Contract, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Contract, unless such termination shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

ARTICLE 14
Maintenance and Inspection of Records
In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Contract. During the term of this Contract and for a period of three (3) years after termination or completion of this Contract, City shall have the right to inspect and/or audit Contractor's records pertaining to the performance of this Contract at Contractor's office. Contractor shall make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.
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10 ARTICLE 15
Compliance with Laws
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by Contractor or any subcontractor hereunder.
b. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Contract comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and (2) Has not and will not knowingly employ any individual to perform services under this Contract who is ineligible to work in the United States or under the terms of this Contract; and (3) Has properly maintained, and shall at all times during the term of this Contract properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and (4) Has responded, and shall at all times during the term of this Contract respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or 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 the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract. e. If Contractor, or a subcontractor or subconsultant, knowingly employs an employee providing Work under this Contract who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, such shall constitute a material breach of this Contract and may be cause for immediate termination of this Contract by City.
f. Contractor shall indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City 290
11 may sustain by reason of Contractor’s failure to comply with said laws, rules and regulations in connection with the performance of this Contract.

ARTICLE 16
Governing Law and Venue
This Contract shall be construed in accordance with and governed by the laws of the State of California and Contractor shall submit to the jurisdiction 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. [For contracts approved by the City Council: The City Manager is authorized to execute amendments to this Contract up to the amounts specified in Chapter 3.08 of the Orange Municipal Code.] ARTICLE 18
Notice
Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
Innovation Painting Inc. City of Orange
1353 E 7th Street 300 E. Chapman Avenue
Ontario, CA 91764 Orange, CA 92866-1591
Attn: Jonathan Infante/CFO Attn: Jose Diaz/ Water Manager Telephone: (818) 648-7259 Telephone: (714) 288-2475
E-Mail: [email protected] E-Mail: [email protected] ARTICLE 19
Claim Resolution
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12 City and Contractor agree that the claim resolution process applicable to any claim by Contractor in connection with the Work provided herein shall be subject to the procedures set forth in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and incorporated herein by this reference.

ARTICLE 20
Counterparts
This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures. [Remainder of page intentionally left blank; signatures on next page] 292
13 “CITY”

CONTRACT, BOND(S) AND INSURANCE
APPROVED BY:

(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”
If a CORPORATION, insert full name of 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:

If a GENERAL PARTNERSHIP, insert full name
of partnership:
[Note: Signature of Managing General By:

Partner is required] Printed Name:

Title:

If a LIMITED PARTNERSHIP, insert full name
of partnership:
[Note: Signature of Managing General By:

Partner is required] Printed Name:

Title:
293
14 If a LIMITED LIABILITY COMPANY,
insert full name of company:
[Note: Signature of Managing Member By:
or Person(s) Authorized to bind LLC is Printed Name:
(are) required] Title:

By:

Printed Name:

Title:

If a SOLE PROPRIETORSHIP, insert full name
of owner and any fictitious business name: ,
doing business as
By:

Printed Name:

Title:
294
Attachment No. 1

Page 1 of 13 ends

ATTACHMENT NO. 1

CALIFORNIA LABOR CODE
SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 Section 1725.5. Registration of contractors; mandatory registration; qualifications and application; fees; exempt contractors
A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1. (a) To qualify for registration under this section, a contractor shall do all of the following:
(1)(A) Register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3. (B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section.

Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
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Attachment No. 1

Page 2 of 13 ends

(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000). (b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section. (3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Section 1771. Payment of general prevailing rate
Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.

This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 296
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Section 1771.1. Registration as a contractor or subcontractor required prior to bid submission; exceptions; violations; penalties
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) 297
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for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 298
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(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Section 1771.4. Additional requirements when bidding and awarding public works contracts (a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
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(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.
(2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages. (c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016.

Section 1775. Penalties for violations
(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor 300
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or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. (c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.

Section 1776. Payroll records; retention; inspection; redacted information; agencies entitled to receive nonredacted copies of certified records; noncompliance penalties; rules (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. 301
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(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor.
(c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.

The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labormanagement committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. 302
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(2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(j) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.

Section 1777.5. Employment of registered apprentices; wages; standards; number; apprenticeable craft or trade; exemptions; contributions; compliance program (a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 303
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apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. (d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o).
(e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator 304
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of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2)(A) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:
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(i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship and preapprenticeship standards and requirements under this code. (B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees, prior to the receipt of any grant funds, to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so that the Department of Industrial Relations is able to verify that grant funds were used solely for training apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this subdivision.
(C) The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant funds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of the apprenticeship program.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.

Section 1813. Forfeiture for violations; contract stipulation; report of violations The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of 306
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the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement.

Section 1815. Overtime
Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
307
Attachment No. 2

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ATTACHMENT NO. 2
CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204
Section 9204. Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process (Eff: January 1, 2017) (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 308
Attachment No. 2

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(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 309
Attachment No. 2

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(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 310
City of Orange: Summary of Bid Abstracts for:
1 2 3 4
Bid No. 21-22.29
Date of Bid Opening: 4/14/2022
Tel. No. 818-648-7259 Tel. No. 760-500-9264 Tel. No. 818-831-8308 Tel. No. 714-899-5303 NO. DESCRIPTION OF WORK QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Reservoir 4 External CP System Installation
1 Clean, prepare and paint fire hydrants per
the latest Water Division Standard Plans
and Specifications Section 209-13 and
other requirements from the project
specificaitons
1100 LS 50.00 $ $55,000.00 $35.50 $39,050.00 $37.00 $40,700.00 $37.00 $40,700.00 $48.00 $52,800.00 $55,000.00 $39,050.00 $40,700.00 $40,700.00 $52,800.00
5 6 7
Bid No. 21-22.29
Date of Bid Opening: 4/14/2022
Tel. No. 949-310-8149 Tel. No. 818-903-9396 Tel. No. 818-364-9421 NO. DESCRIPTION OF WORK QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Reservoir 4 External CP System Installation
1 Clean, prepare and paint fire hydrants per
the latest Water Division Standard Plans
and Specifications Section 209-13 and
other requirements from the project
specificaitons
1100 LS 50.00 $ $55,000.00 $63.00 $69,300.00 $145.00 $159,500.00 $295.00 $324,500.00 $55,000.00 $69,300.00 $159,500.00 $324,500.00
* Polychrome Construction Inc. bid deemed unqualified for failing to signify receipt of all Addenda and not including required bid bond.

Omega Construction Co.

Grand Total
Fire Hydrant Painting Services
ENGINEER'S ESTIMATE Signature Painting NEP Painting
Tony Painting
Fire Hydrant Painting Services
Polychrome Construction, Inc.*
Grand Total
ENGINEER'S ESTIMATE Innovation Painting, Inc. Harbor Coating & Restoration, Inc.

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Agenda Item
City Council
Item #: 3.29. 6/14/2022 File #: 22-0282
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 Waterline Technologies, Inc. for the Purchase and Delivery of Liquid Sodium Hypochlorite on an “as-needed” basis; Bid No. 21-22.32.

2. SUMMARY
Two bids for the Purchase and Delivery of Liquid Sodium Hypochlorite were received and opened on May 19, 2022. The apparent responsive low bidder is Waterline Technologies, Inc. of Santa Ana, CA for $187,161.75.

3. RECOMMENDED ACTION

1. Award the contract to Waterline Technologies, Inc. in the amount of $187,161.75 for Purchase and Delivery of Liquid Sodium Hypochlorite, and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize 10% of the contract amount for contingency purposes.

4. FISCAL IMPACT
The total expenditure for this contract is $205,877.93 and will be funded through Water Fund (600).

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

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
The California Water Resources Control Board requires all water systems to add chlorine to the distribution system for disinfection purposes. As a result, the Water Division has a continuous need to inject liquid chlorine (sodium hypochlorite) at twelve water wells and three reservoirs throughout the year. Based on the average annual chlorine consumption, it is estimated that approximately 90,000 gallons of liquid chlorine will be used per year.

Bids were advertised through the City’s website and local newspaper in April 2022 for three consecutive weeks. Two bids were received and opened on May 19, 2022 as follows:

City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.29. 6/14/2022 File #: 22-0282

CONTRACTOR TOTAL

1. Waterline Technologies, Inc. $ 187,161.75

2. Pacific Star Chemical $ 457,920.00
Waterline Technologies, Inc. (Waterline) is the apparent responsive low bidder and is the current contractor to the City for the past four (4) years. Waterline is familiar with the Water Division’s sites and procedures, and has successfully completed the previous multi-year contract. Therefore, staff recommends that Waterline Technologies, Inc. be awarded the contract in the amount of $187,161.75, plus a 10% contingency for a total amount of $205,877.93.

The term of the contract is for one year with an option to renew annually for three more years if the City is satisfied with the level of service from the contractor. Approval of the extensions will be based upon performance and will be executed by the City Manager. The cost for the initial year is $205,877.93 including 10% contingency. Each subsequent year is subject to a formula-based consumer price index (CPI) with an adjustment cap of no greater than 2%.

7. ATTACHMENTS
· Contract Agreement with Waterline Technologies, Inc.
· Bid Abstract
City of Orange Page 2 of 2 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 3.29. 6/14/2022 File #: 22-0282
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 Waterline Technologies, Inc. for the Purchase and Delivery of Liquid Sodium Hypochlorite on an “as-needed” basis; Bid No. 21-22.32.

3. RECOMMENDED ACTION

2. Authorize 10% of the contract amount for contingency purposes.

4. FISCAL IMPACT
The total expenditure for this contract is $205,877.93 and will be funded through Water Fund (600).

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

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

Bids were advertised through the City’s website and local newspaper in April 2022 for three consecutive weeks. Two bids were received and opened on May 19, 2022 as follows:

City of Orange Page 1 of 2 Printed on 6/9/2022
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Item #: 3.29. 6/14/2022 File #: 22-0282

CONTRACTOR TOTAL

1. Waterline Technologies, Inc. $ 187,161.75

7. ATTACHMENTS
· Contract Agreement with Waterline Technologies, Inc.
· Bid Abstract
City of Orange Page 2 of 2 Printed on 6/9/2022
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CONTRACT
[Purchase of Liquid Sodium Hypochlorite 12.5%, NFS 60 (Bid No. 21-22.32)] THIS CONTRACT (the “Contract”) is made and entered into as of ______________, 2022 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and WATERLINE TECHNOLOGIES, 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 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); (2) 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;” (3) Contractor’s Bid Proposal, which is on file with City’s Department of Public Works.
b. Contractor acknowledges that it has received the Specifications from City and that a complete copy of the Specifications 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 316
2 in this Contract shall control over any terms and conditions in the Plans and Specifications to the contrary.
d. The Work shall be performed in conformity with the Plans and Specifications and the Bid Proposal and all applicable laws, including any and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment.
e. Unless and until otherwise notified in writing by City’s Public Works Director, City’s Senior Civil Engineer, Tuan Cao (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Public Works Director may designate from time to time, that Contractor shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Public Works Director. f. It is expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and Contractor’s Bid Proposal, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid Proposal conflicting herewith.

ARTICLE 3
Compensation
a. Contractor agrees to receive and accept an amount not to exceed ONE HUNDRED EIGHTY SEVEN THOUSAND ONE HUNDRED SIXTY-ONE DOLLARS and 75/100 ($187,161.75) 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 suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according 317
3 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 EIGHTEEN THOUSAND SEVEN HUNDRED SIXTEEN DOLLARS and 18/100 ($18,716.18) 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 TWO HUNDRED FIVE THOUSAND EIGHT HUNDRED SEVENTY-SEVEN DOLLARS and 93/100 ($205,877.93).
d. The Initial Term of this Contract is one (1) year (the “Initial Term”), commencing on July 1st, 2022 and expiring on June 30th, 2023 (the “Expiration Date”); provided, however, that City has the right to extend the term of this Contract for the following extensions and upon the following terms:
• First Extension (the “First Extension Term”) commencing on July 1st, 2023, and terminating on June 30th, 2024, in an annual amount not to exceed TWO HUNDRED NINE THOUSAND NINE HUNDRED NINETY-FIVE DOLLARS AND 49/100 DOLLARS ($209,995.49) without the prior written authorization of City. • Second Extension (the “Second Extension Term”) commencing on July 1st, 2024, and terminating on June 30th, 2025, in an annual amount not to exceed TWO HUNDRED FOURTEEN THOUSAND ONE HUNDRED NINETY-FIVE DOLLARS and 40/100 ($214,195.40) DOLLARS without the prior written authorization of City. • Third Extension (the “Second Extension Term”) commencing on July 1st, 2025, and terminating on June 30th, 2026, in an annual amount not to exceed TWO HUNDRED EIGHTEEN THOUDSAND FOUR HUNDRED SEVENTY-NINE DOLLARS and 31/100 ($218,479.31) DOLLARS without the prior written authorization of City. 318
4 e. The City Manager is hereby authorized on behalf of City to give written notice to Contractor of City’s intention to exercise each Extension (if at all) no later than thirty (30) days prior to the Expiration Date of the then-current term; provided, however, that City’s notice of its intention to extend the term of this Contract for each Extension shall be expressly conditioned upon and subject to the approval by the City Council, in its sole and absolute discretion, of an amount sufficient to pay the compensation set forth herein for each Extension as part of its annual budget approval process prior to the beginning of each Extension. While the parties acknowledge that City is required to give its notice of intention to extend the term of this Contract not later than thirty (30) days prior to the Expiration Date of then-current term, it is possible that the City Council’s approval of its annual budget and appropriation of funds for the Extension in question may occur thereafter. Accordingly, if the City Council fails to approve and appropriate funds sufficient to pay the amount of compensation set forth herein for an Extension, this Contract shall terminate and be of no further force and effect as of the expiration of the then-current term.

Notwithstanding anything in this provision to the contrary, in the event City gives Contractor written notice exercising an Extension and City receives notice that appropriation of funds for the Extension in question are not available after Contractor has performed services under the Extension, City agrees that Contractor will be equitably compensated for all services performed under any portion of an Extension through the date of termination of the Contract. Except as specifically set forth herein, the terms and conditions of each Extension will be the same as the Initial Contract.
f. Any Extension, if properly exercised, shall be memorialized in the form of an amendment to this Contract. The City Manager is hereby authorized to approve and execute amendments to this Contract reflecting the exercise of each Extension and the amount of compensation (including the amount of funds to be made available for additional work or services) payable to Contractor for each respective Extension.

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 methods of installations, or should said Work or any part thereof fail to function properly, as designed, due to any of the above causes within twelve (12) months after the 319
5 date on which said Work is accepted by City, Contractor shall make repairs and furnish such materials and equipment as are necessary to be furnished and installed within fifteen (15) calendar days after the receipt of a demand from City.
c. Said Work will be deemed defective within the meaning of this guarantee in the event that it fails to function as originally intended either by the Plans and Specifications of this Contract or by the manufacturer(s) of the equipment incorporated into the Work. d. In the event repairs are not made within fifteen (15) calendar days after Contractor's receipt of a demand from City, City shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand, for all expenses 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.

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 320
6 as the result of Contractor’s services rendered pursuant to this Contract. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Contract. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.
b. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.

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 rates of wages to all such workers. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions. c. Contractor shall secure the payment of compensation to its employees in accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the 321
7 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 “increased costs” (including reasonable attorney’s fees, court and litigation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the Work 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 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 322
8 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 shall occur on or adjacent to the real property which is the subject of this Contract, or in connection with performance of this Contract which may be directly or indirectly caused by the acts or omissions of Contractor or its officers, employees, contractors or agents, or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents, and employees. The foregoing indemnity shall survive termination of this Contract. b. Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or its subcontractor’s employees arising out of Contractor’s Work under this Contract, including any and all claims under any law pertaining to Contractor’s status as an independent contractor.

ARTICLE 12
Insurance
a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract.
b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.
(1) General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
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9 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 approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or selfinsured retentions with respect to City, its officers, officials, agents and employees; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. e. Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:
(1) City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability arising out of Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such Work or operations. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall apply to City as an additional insured.
(2) For any claims related to this Contract, Contractor’s insurance coverage shall 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 324
10 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. In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom by way of set-off from any sums owed Contractor. i. Contractor agrees that in the event of loss due to any of the perils for which 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.

ARTICLE 15
Compliance with Laws
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by Contractor or any subcontractor hereunder.
b. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Contract comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and (2) Has not and will not knowingly employ any individual to perform services under this Contract who is ineligible to work in the United States or under the terms of this Contract; and (3) Has properly maintained, and shall at all times during the term of this Contract properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and (4) Has responded, and shall at all times during the term of this Contract respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or 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 the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract. e. If Contractor, or a subcontractor or subconsultant, knowingly employs an employee providing Work under this Contract who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, such shall constitute a material breach of this Contract and may be cause for immediate termination of this Contract by City.
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12 f. Contractor shall indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor’s failure to comply with said laws, rules and regulations in connection with the performance of this Contract.

ARTICLE 17
Integration and Amendment
a. This Contract constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the Work to be performed under this Contract shall be of any force or effect unless it is in writing and signed by both parties. Any Work performed which is inconsistent with or in violation of the provisions of this Contract shall not be compensated. b. Amendments to this Contract must be in writing and signed by both parties. [For contracts approved by the City Council: The City Manager is authorized to execute amendments to this Contract up to the amounts specified in Chapter 3.08 of the Orange Municipal Code.] ARTICLE 18
Notice
Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
WATERLINE TECHNOLOGIES, INC. CITY OF ORANGE
620 N. Santiago Street 300 E. Chapman Avenue
Santa Ana, CA 92701 Orange, CA 92866-1591
Attn: Tom Berry/General Manager Attn: Jose Diaz/ Water Manager Telephone: (714) 560-5121 Telephone: (714) 288-2475
E-Mail: [email protected] E-Mail: [email protected] 327
13 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.

CONTRACT, BOND(S) AND INSURANCE
APPROVED BY:

(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”
If a CORPORATION, insert full name of 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:

If a GENERAL PARTNERSHIP, insert full name
of partnership:
[Note: Signature of Managing General By:

Partner is required] Printed Name:

Title:

If a LIMITED PARTNERSHIP, insert full name
of partnership:
[Note: Signature of Managing General By:

Partner is required] Printed Name:

Title:
329
15 If a LIMITED LIABILITY COMPANY,
insert full name of company:
[Note: Signature of Managing Member By:
or Person(s) Authorized to bind LLC is Printed Name:
(are) required] Title:

By:

Printed Name:

Title:

If a SOLE PROPRIETORSHIP, insert full name
of owner and any fictitious business name: ,
doing business as
By:

Printed Name:

Title:
330
Attachment No. 1

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ATTACHMENT NO. 1

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Orange City CouncilJune 14, 2022

Orange City Council
June 14, 2022