Agenda packet — Orange City Council, July 12, 2022 (part 2 of 3)

June 2nd, 2022

To: Mike Dering
Project Manager
Information Technology, City of Orange

Re: City of Orange, Civic Meeting TV/AV Production Personnel Support, AV Preparation and Systems Maintenance Support

Mr. Dering:

Thank you for allowing me the opportunity to provide you a proposal for ongoing TV and AV production personnel support at each of the civic meetings including the City Council meetings, Planning Commission meetings and the Design Review Committee meetings. Additionally, the City is need of continued technical support related to the newly installed AV Systems and TV Systems supporti ng the Council Chamber operations and can be categorized as infrastructure and systems maintenance support.

TV Production and AV Functionality Support
The TV/AV production personnel to attend each meeting will provide technical oversight and support of the ongoing operations principally ran the by the Chapman students as well as a lead role in TV/AV production during the Design Review Committee (DRC) meetings and others as requested by the City. We will take the lead role in TV/AV production responsibilities and require a higher level of effort and operational support.

Additionally, a new er AV test and preparation service role has been requested whereb y crew arrive earlier, up to 2 hours before the meetings, to go through a check list of Audio Visual device and systems performance testing.

Infrastructure and Systems Maintenance Support
The major systems to be reviewed and targeted for maintenance suppor t include the On -Air Playback Automation System, the Camera Control and Robotics System, the Graphics and Character Generator System, the Video Production Switcher, the Sound Reinforcement System, the AV Control System, the Video and Audio Routing Systems, the Distribution and Monitoring Systems and any other technically related subsystems.

Proposal
The following services to be provided are based on a minimum number of hours and, based on information provided, estimated average hours of onsite TV/AV production support. The TV/AV production personnel will arrive onsite at least 2 hours before the start time of the meetings . TV Maintenance is based on quarterly ser vice and an estimate of as -needed hours based on the life cycle of equipment and MTF estimates on regressive functionality projections.

Minimum Time Estimates
Estimates are based on the accuracy of previous projections for these services fo r the City of Orange. F ull hours of service in the subtotals i s supported for appropriate budgetary purposes since several factors, unforeseen or otherwise requested, are necessary in the projections.

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Darren P. Doerschel, Systems Integration Consultant
2307 32nd Street #3 Santa Monica, CA 90405 VOICE: 310.350.8399 EMAIL: [email protected]

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TV Production, Oversite, and AV Testing and Cost Estimates $125 per hour cost basis

These are only estimates based on the current understanding of the City’s scheduling needs. The cost proposal includes minimum hours to carry out services, however no minimum hours will be billed to the City if no services are rendered onsite.

Please contact me with any changes you wish to make regarding this proposal. Thank you for the opportunity, I look forward to assisting the City of Orange with their AV and TV Production operation al needs and maintaining the TV Broadcast Systems as necessary.

Sincerely,

Darren P. Doerschel
Systems Integration Consultant
310.350.8399
2307 32
nd Street #3
Santa Monica CA 90405
Description of Services Minimum Units Projected Max. Projected Per/month Costs City Council Meeting TV/AV Personnel Support 4 Hours 6 Hours 1500 (2 per/month) Planning Commission Meetings TV/AV Personnel Support 4 Hours 5 Hours 1250 (2 per/month) Design Review Committee Meetings TV/AV Personnel Support 4 Hours 6 Hours 1500 (2 per/month) Quarterly Meetings (Traffic, Parks for AV Prep and Monitoring) 3 Hours/per mtg 8 Hours/per Qtr. 250 per month (.25) Projected Total Monthly Costs $4500
Annual Projected Costs $54,000
Quarterly Maintenance Cost Estimates

Description of Services on Quarterly Basis Quarterly Units Annual Units Quarterly Assessment, Training, Maintenance Support 25 hours 100 Onsite As-Needed Evaluation, Repair, Phone Support (Floating) 15 hours 60 Annual Hours 160
Annual Estimate $20,000
COMBINED ANNUAL ESTIMATE (not-to-exceed) $74,000
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Agenda Item
City Council
Item #: 3.12. 7/12/2022 File #: 22-0424
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 Agreement with Willdan Engineering for Building Official and On-Call Building Inspection Services.

2. SUMMARY
The City currently has an agreement with Willdan Engineering for Building Official and On-Call Building Inspection Services. The amount of the original agreement has been expended. The proposed first amendment will increase the agreement by $135,000. These additional funds will cover the costs of services through June and allow for $50,000 moving forward if needed to maintain service levels and or for any other unforeseen circumstances.

3. RECOMMENDED ACTION
Approve the First Amendment to agreement with Willdan Engineering for Building Official and On- Call Building Inspection 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 $135,000 and will be funded through CASP (140).

5. STRATEGIC PLAN GOALS
Goal1: Provide for a safe community
d. Assure the development of the City occurs in a fashion that maximizes public safety.

6. DISCUSSION AND BACKGROUND
Willdan Engineering was retained to assist the Public Works Building & Safety Services while several positions needed to be filled, assisted with several high-profile projects needing additional inspection services beyond the capacity of our in-house staff, as well as assisted with maintaining inspection service levels. This amendment will help the City’seffort in reducing any inspection backlog and will assist in maintaining consistency and flexibility in our inspection operations.

The services for which we are requesting to use CASP (140) funds involved commercial and multi- family development accessibility compliance. The purpose of the CASP (140) funds is to increase disability access and compliance with construction related accessibility requirements to businesses City of Orange Printed on 7/7/2022Page 1 of 2
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and facilities.

7. ATTACHMENTS
· First Amendment to Agreement
· Professional Services Agreement with Willdan Engineering City of Orange Printed on 7/7/2022Page 2 of 2
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Agenda Item
City Council
Item #: 3.12. 7/12/2022 File #: 22-0424
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 Agreement with Willdan Engineering for Building Official and On-Call Building Inspection Services.

3. RECOMMENDED ACTION
Approve the amendment to agreement with Willdan Engineering for Building Official and On-Call Building Inspection 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 $135,000 and will be funded through CASP (140).

5. STRATEGIC PLAN GOALS
Goal1: Provide for a safe community
d. Assure the development of the City occurs in a fashion that maximizes public safety.

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

PROFESSIONAL SERVICES AGREEMENT
[Building Inspection 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 WILLDAN ENGINEERING, a California corporation (“Contractor”), with reference to the following:

A. City and Contractor entered into a Professional Services Agreement (Agreement No. 7238) dated August 10, 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 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. 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 ONE HUNDRED AND THIRTY-FIVE THOUSAND DOLLARS and 00/100 ($135,000) 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 TWENTY-FIVE THOUSAND DOLLARS and 00/100 ($225,000) without the prior written authorization of City.”

Section 4. 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 Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.

[Remainder of page intentionally left blank; signatures on next page] 197
2 IN WITNESS WHEREOF, the parties enter into this First Amendment on the year and day first above written.

“CONTRACTOR” “CITY”

WILLDAN ENGINEERING CITY OF ORANGE

*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. 198
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Agenda Item
City Council
Item #: 3.13. 7/12/2022 File #: 22-0391
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Appropriation of $5,000 in designated grant funding received from California State Library.

2. SUMMARY
Grant funds from California State Library will be used to enhance and expand the Library’s programming and resources for children, teens, and adults.

3. RECOMMENDED ACTION

1. Accept into the City’srevenue budget $5,000 in grant funds from California State Library into revenue account number 100.2001.45290.30203, General Fund - Discover Your State Parks.

2. Authorize the appropriation of $5,000 into expenditure account number 100.2016.53340.30203 General Fund - Discover Your State Parks.

4. FISCAL IMPACT
The total appropriation for this grant is funded by the additional revenue received from California State Library.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community e: Develop and strengthen collaborative partnerships to enhance and promote quality of life programs, projects and services.

6. DISCUSSION AND BACKGROUND
The Orange Public Library has been awarded a Parks Pass Grant for Fiscal Year 2022-23 (FY23).

California State Library has generously provided $5,000 in support to our Library to develop the Discover Your State Parks project, featuring outdoors-themed programming, collections, and displays at the three Library locations.

Previously, California State Library sent California Park Passes to every one of the 1,184 public libraries in California. In April 2022, our Library received twelve passes for its patrons to checkout.

Each pass is valid for vehicle day use at over 200 participating state parks in the California State Parks System. Patrons can check out a free pass for two weeks using their library card. Passes are available on a first-come, first-served basis at the Orange Public Library & History Center and El Modena and Taft Branch Libraries. The Park Pass Grant allows libraries to also offer programs and City of Orange Printed on 7/7/2022Page 1 of 2
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collections to the patrons using these free California Park Passes.

To implement the Discover Your State Parks project, the Library will reach out to potential local partners on programming including Orange County Conservation Corps, Orange County Audubon Society, California Department of Parks and Recreation, and Orange County Fire Authority. Programs will focus on the environment and conservation, outdoor activities and health, hiking and survival skills, and fire safety. Participants will also have the opportunity to check out the Library’s new Explorer Kit backpacks containing binoculars, compass, first aid kit, and assorted books on birdwatching, hiking, and outdoor survival. Programs will be presented from July 2022 through June 2023. All funds must be spent or encumbered by the end of June 2023.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.13. 7/12/2022 File #: 22-0391
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Appropriation of $5,000 in designated grant funding received from California State Library.

2. SUMMARY
Grant funds from California State Library will be used to enhance and expand the Library’s programming and resources for children, teens, and adults.

3. RECOMMENDED ACTION

1. Accept into the City’srevenue budget $5,000 in grant funds from California State Library into revenue account number 100.2001.45290.30203, General Fund - Discover Your State Parks.

2. Authorize the appropriation of $5,000 into expenditure account number 100.2016.53340.30203 General Fund - Discover Your State Parks.

4. FISCAL IMPACT
The total appropriation for this grant is funded by the additional revenue received from California State Library.

6. DISCUSSION AND BACKGROUND
The Orange Public Library has been awarded a Parks Pass Grant for Fiscal Year 2022-23 (FY23).

Each pass is valid for vehicle day use at over 200 participating state parks in the California State Parks System. Patrons can check out a free pass for two weeks using their library card. Passes are available on a first-come, first-served basis at the Orange Public Library & History Center and El Modena and Taft Branch Libraries. The Park Pass Grant allows libraries to also offer programs and City of Orange Printed on 7/7/2022Page 1 of 2
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Item #: 3.13. 7/12/2022 File #: 22-0391
collections to the patrons using these free California Park Passes.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.14. 7/12/2022 File #: 22-0395
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Appropriation of $8,892.03 in grant funding received for Fiscal Year 2020-2021 Patrick Leahy Bulletproof Vest Partnership Grant from the U.S. Department of Justice.

2. SUMMARY
Funding for the Patrick Leahy Bulletproof Vest Partnership Grant is being provided in the amount of $8,892.03 to offset the cost of bulletproof vests purchased between April 1, 2021, and June 30, 2022.

3. RECOMMENDED ACTION

1. Accept into the City’sFiscal Year 2021-2022 revenue budget $8,892.03 in grant funds from the U.S. Department of Justice, into revenue account number 100.4011.45150.00000, Grant Revenue.

2. Authorize the appropriation of $8,892.03 into Fiscal Year 2021-2022 expenditure account number 100.4011.53030.00000 General Fund - Uniforms.

4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the U.S Department of Justice.

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 Bulletproof Vest Partnership Grant Act of 1998, The Patrick Leahy Bulletproof Vest Partnership (BVP) Program is administered by the Bureau of Justice Assistance, U.S. Department of Justice, to provide critical resources to local law enforcement. In the BVP Program, funding is provided for uniquely fitted vests that are either ballistic or stab-resistant armor that conforms to the individual wearer. The initiative ensures officer safety through vests certified for wear by the National Institute of Justice (NIJ) body armor standards.

An application for funding was submitted in May 2021 and approved for Fiscal Year 2020-2021 Patrick Leahy BVP Program in the amount of $8,892.03. The BVP grant is a reimbursable grant and will be designated towards bulletproof vests purchased after April 1, 2021, through August 31, 2023, or until all available funds have been requested. Protective vests are in compliance with the City of Orange Printed on 7/7/2022Page 1 of 2
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or until all available funds have been requested. Protective vests are in compliance with the department’spolicy, are replaced every five years from their issue date, and meet or exceed the standards of NIJ.

The allocation amount of $8,892.03 to the City of Orange Police Department will offset the cost of bulletproof vests purchased between April 1, 2021, and June 30, 2022.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.14. 7/12/2022 File #: 22-0395
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Appropriation of $8,892.03 in grant funding received for Fiscal Year 2020-2021 Patrick Leahy Bulletproof Vest Partnership Grant from the U.S. Department of Justice.

3. RECOMMENDED ACTION

1. Accept into the City’sFiscal Year 2021-2022 revenue budget $8,892.03 in grant funds from the U.S. Department of Justice, into revenue account number 100.4011.45150.00000, Grant Revenue.

2. Authorize the appropriation of $8,892.03 into Fiscal Year 2021-2022 expenditure account number 100.4011.53030.00000 General Fund - Uniforms.

4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the U.S Department of Justice.

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

An application for funding was submitted in May 2021 and approved for Fiscal Year 2020-2021 Patrick Leahy BVP Program in the amount of $8,892.03. The BVP grant is a reimbursable grant and will be designated towards bulletproof vests purchased after April 1, 2021, through August 31, 2023, or until all available funds have been requested. Protective vests are in compliance with the City of Orange Printed on 7/7/2022Page 1 of 2
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or until all available funds have been requested. Protective vests are in compliance with the department’spolicy, are replaced every five years from their issue date, and meet or exceed the standards of NIJ.

The allocation amount of $8,892.03 to the City of Orange Police Department will offset the cost of bulletproof vests purchased between April 1, 2021, and June 30, 2022.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.15. 7/12/2022 File #: 22-0402
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Susan Galvan, Interim Community Development Director

1. SUBJECT
Appropriation and allocation of funds under the HOME Investment Partnerships Program American Rescue Plan and approval of agreement with Michael Baker International for assistance in the development of the allocation plan for use of the funds.

2. SUMMARY
A request to allocate $82,759.30 in HOME Investment Partnerships Program American Rescue Plan set aside allowance for administration and planning of the allocation plan for use of the funds, and approve an Agreement with Michael Baker International for assistance in the development of the plan.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $82,759.30 in HOME Investment Partnerships Program American Rescue Plan funds from the U.S. Department of Housing and Urban Development into revenue account number 317.0000.45120.30206, Federal HUD Grants - HOME-ARP Grant.

2. Authorize the appropriation of $22,759.30 from the HOME Fund (317) unreserved fund balance to expenditure account number 317.9640.50002.30206 - Regular Salaries - Misc - HOME -ARP Admin.

3. Authorize the appropriation of $60,000 from the HOME Fund (317) unreserved fund balance to expenditure account number 317.9640.51670.30206 - HOME-ARP Consulting Services.

4. Approve an Agreement with Michael Baker International, Inc. in the amount of $60,000 for consulting services in the development of the HOME-ARP allocation plan; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this Agreement and administration allowance is $82,759.30 and will be funded through HOME (317).

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

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

6. DISCUSSION AND BACKGROUND
The American Rescue Plan (ARP) Act of 2021 appropriated $5 billion to qualifying jurisdictions through the HOME Investment Partnerships Program (HOME) to provide housing, services, and shelter to individuals experiencing homelessness and other vulnerable populations. On September 20, 2021, the U.S. Department of Housing and Urban Development (HUD) notified the City that it would be receiving $1,655,186 to use towards a plan to reduce homelessness and increase housing stability.

Before the City is able to access the HOME-ARP funds, an allocation plan outlining the use of funds must be completed and approved by HUD. To assist with the development of the plan, HUD authorized 5% of the awarded amount, or $82,759.30, to be set aside and made available to the City for this purpose.

As part of the planning and development of the plan, staff is requesting the approval of an Agreement with Michael Baker International, Inc. (MBI) for $60,000 to provide consulting and assistance during the process. The balance of the funds will be used to off-set City staff costs in the process.

Once an allocation plan is drafted, staff will return to the City Council for direction and approval of the plan before submitting it to HUD for final approval.

7. ATTACHMENTS
· Transmittal Letter
· Professional Services Agreement
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Agenda Item
City Council
Item #: 3.15. 7/12/2022 File #: 22-0402
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Susan Galvan, Interim Community Development Director

3. RECOMMENDED ACTION

2. Authorize the appropriation of $22,759.30 from the HOME Fund (317) unreserved fund balance to expenditure account number 317.9640.50002.30206 - Regular Salaries - Misc - HOME -ARP Admin.

3. Authorize the appropriation of $60,000 from the HOME Fund (317) unreserved fund balance to expenditure account number 317.9640.51670.30206 - HOME-ARP Consulting Services.

4. FISCAL IMPACT
The total expenditure for this Agreement and administration allowance is $82,759.30 and will be funded through HOME (317).

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

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

Once an allocation plan is drafted, staff will return to the City Council for direction and approval of the plan before submitting it to HUD for final approval.

7. ATTACHMENTS
· Transmittal Letter
· Professional Services Agreement
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U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Los Angeles Field Office, Region IX
300 N. Los Angeles Street, Suite 4054
Los Angeles, CA 90012

September 20, 2021

Rick Otto, City Manager
City of Orange
300 East Chapman Avenue
Orange, CA 92866

Dear Mr. Otto:

The American Rescue Plan Act of 2021 appropriated $5 billion to provide housing, services, and shelter to individuals experiencing homelessness and other vulnerable populations, to be allocated by formula to jurisdictions that qualified for HOME Investment Partnerships Program allocations in Fiscal Year 2021. On September 13, 2021, the Department published a notice, titled: Requirements for the Use of Funds in the HOME-American Rescue Plan Program (the Notice), which you are encouraged to review to assist in developing your program. Enclosed is the Grant Agreement for the HOME Investment Partnerships – America Rescue Plan (HOME-ARP) program:

In accordance with the Notice, and the HOME ARP Grant Agreement, a Participating Jurisdiction (PJ), as of the Federal Award Date, may use up to five percent of its total award for administrative and planning costs. Once your HOME-ARP Allocation Plan is approved by HUD, the remaining award will be made available.

HOME Investment Partnerships - American Rescue Plan
(HOME-ARP) $1,655,186

Transmittal of this Grant Agreement does not constitute approval of the activities described in your HOME-ARP Allocation Plan. You are reminded that you, as the PJ, are responsible for ensuring that all grant funds are used in accordance with all program requirements. An executed Grant Agreement is a legally binding agreement between the Department of Housing and Urban Development and the City of Orange.

To establish a Line of Credit for the HOME-ARP award, it will be necessary for your agency to sign, execute and return one (1) copy of the Grant Agreement. If there is a need to add or remove individuals authorized to access the Integrated Disbursement Information System (IDIS), please submit an IDIS Online Access Request Form (HUD 27055). Also, please ensure the IDIS Online Access Request Form is notarized and returned to this office with your Grant Agreement. Additionally, if there is a need to establish or change the depository account where these funds are to be wired, a Direct Deposit Sign-Up form (SF-1199A) must be completed by your financial institution and returned to this office with a copy of a voided check.

You are reminded that certain activities are subject to the provisions of 24 CFR Part 58 (Environmental Review Procedures). Funds for such activities may not be obligated or expended 233
until HUD has approved the release of funds in writing. A request for release of funds (RROF) must be accompanied by an environmental certification, and until the RROF is approved and notification is received, no HUD funds should be committed. If the project or activity is exempt per 24 CFR 58.34 or categorically excluded (except in extraordinary circumstances), no RROF is required.

Please execute two (2) copies of the HOME-ARP Grant Agreement with electronic signatures.

In response to COVID-19, HUD authorizes you to electronically execute the grant agreement with your electronic signature. Return one (1) of the agreements to this office to the attention of CPD General Correspondence Mailbox, at [email protected] Maintain a copy of the agreement with your original signature on site in your program files.

HUD congratulates the City of Orange on its grant award, and we look forward to assisting you in accomplishing your programs goals. If you have any questions or need further information of assistance, please contact , CPD Representative, at (213)534- or .

Sincerely,

Rufus Washington, Director,
Office of Community Planning and
Development

Enclosures

cc:

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PROFESSIONAL SERVICES AGREEMENT
[HOME-ARP Allocation Plan Preparation Consultant Services]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on thi s _____ day of ____________, 20 22 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania corporation (“Contractor”), who agree as follows:

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

Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity provid ing such services to a municipal agency. All services provided shall conform to all federal, state and local laws, rules and regulations and to the professional standards and practices ordinarily observed by like professionals performing similar services under similar circumstances (“Standard of Care”) .

The terms and conditions set forth in t his Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.

Jessica Herrera, Administrative Analyst II (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of City’s Project Manager (or designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the reasonable satisfaction of City’s Project Manager and the City Manager.

2. Compensation and Fees.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed SIXTY THOUSAND DOLLARS and 00/100 ($60,000.00) without the prior written authorization of City.

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

3. Payment.

a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
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2 b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.

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

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

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

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

6. Independent Contractor . At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.

Contractor acknowledges that it and any subcontractors, agents o r 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 lea ve, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

7. Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.

8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement. 236
3 It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.

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

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

11. Time Is of the Essence . Time is of the essence in this Agreement , subject, however, to the exercise of the professional standard of care for performance of the services .

Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.

12. Reserved.

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

14. Products of Contractor. The documents, studies, evaluations, asses sments, reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products produced or provided by Contractor for this Agreement shall become the property of City upon receipt. Contractor shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilize such products without restriction. However, any improper reuse or modification by City of any such materials on any project other than the project which is the subject of this Agreement without the Contractor’s prior written consent shall be at the sole risk of Ci ty and City agrees to indemnify and hold harmless Contractor from all costs, losses, and expenses, including legal fees, incurred as a result of any such use or decision by City.

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

a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, 237
4 and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

b. Contractor shall, in all solicitations and advertiseme nts for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a consultant to influence any decision of City in which Contractor knows or has reas on to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code.

17. Indemnity.

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

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

(2) Any claim, loss, injury to or death of persons or damage to property caused by any wrongful act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly o r by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Ag reement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph. 238
5 b. Contractor agrees to indemnify and hold Indemnitees harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to p roperty to the extent caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.

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

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

18. Insurance.

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

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

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

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

e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to t he work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City i s an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.
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6 f. Contractor shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of professional services with a minimum limit of One Million Dollars ($1,000,000) per claim. Contractor agrees to keep such policy in force and effect for at least five (5) years from the date of completion of this Agreement.

g. The general and automobile liability insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the p olicy. Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.

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

i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in Cal ifornia and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to co nduct business in California so long as such insurer pos sesses the aforementioned Best rating.

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

In such a case, City may terminate this Agreement.

k. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.

Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.

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

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

Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided within the professional standard of care and all allowable reimbursements incurred to the 240
7 date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

20. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement.

City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.

21. Compliance with all Laws/Immigration Laws.

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

b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified prevailing ra tes of wages to all such workers . The general prevailing wage determinations for c rafts can be located on the web site of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

c. Contractor represents and warrants that it:

(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and

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

(3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I -9 for each of Contractor’s employees; and

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8 (4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I -9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Soci al Security Administration.

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

e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.

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

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

h. Contractor agrees to indemnify and hold City, its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.

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

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

24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally , by e -mail, or by first class U.S. mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e- mail shall be deemed received on the date of the e-mail transmission.

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9 “CONTRACTOR” “CITY”

Michael Baker International, Inc. City of Orange
3760 Kilroy Airport Way, Suite 270 300 E. Chapman Avenue Long Beach, CA 90806 Orange, CA 92866-1591
Attn.: William Hoose Attn.: Jessica Herrera

Telephone: (562) 753-2839 Telephone: (714) 744-7270 E-Mail: [email protected] E-Mail: [email protected]

25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.

26. Waiver of Consequential Damages . In no event shall either City or Contractor have any claim or right against the other, whether in contract, warranty, tort (including negligence), strict liability or otherwise, for any special, indirect, incidental, or consequential damages of any kind or natures whatsoever, such as but not limited to loss of revenue, lo ss or profits on revenue, loss of customers or contracts, loss of use of equipment or loss of data, work interruption, increased cost of work or cost of any financing, howsoever caused, even if same were reasonably foreseeable.

27. Force Majeure. In no event shall either City or Contractor have any claim or right against the other for any failure of performance where such failure of performance is caused by or is the result of causes beyond the reasonable control of the other party due to any occurrence commonly known as a “force majeure,” including, but not limited to: acts of God; fire, flood, or other natural catastrophe; epidemic, pandemic, acts of any governmental body; labor dispute or shortage; national emergency; insurrection; riot, or war.

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

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

“CONTRACTOR” “CITY”

MICHAEL BAKER INTERNATIONAL, INC. CITY OF ORANGE, a municipal corporation a Pennsylvania corporation

*By: By:

Printed Name: Mark A. Murphy, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney

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

SCOPE OF SERVICES

[Beneath this sheet.]
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Agenda Item
City Council
Item #: 3.16. 7/12/2022 File #: 22-0408
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Appropriation of $10,788.26 in designated donation funding received from Laurie Marine Living Trust, Library patrons, and Orange Public Library Foundation.

2. SUMMARY
This $10,788.26 donation will be used to enhance and expand the Library’scollections and resources for children, teens, and adults.

3. RECOMMENDED ACTION

1. Accept into the City’srevenue budget $10,788.26 in donation funds from Laurie Marine Living Trust, Library patrons, and Orange Public Library Foundation into the following revenue account numbers in the General Fund:
$10,000.00 100.2001.48390.30205 - Laurie Marine Living Trust $ 563.26 100.2001.48390.19986 - Patron Donations/Materials $ 225.00 100.2001.48390.19322 - Library Foundation

2. Authorize the appropriation of $10,788.26 into the following expenditure account numbers in the General Fund:
$10,000.00 100.2001.53301.30205 - Laurie Marine Living Trust $ 563.26 100.2001.53001.19986 - Materials & Supplies - Patron Donations $ 225.00 100.2017.53340.19322 - Library Foundation

4. FISCAL IMPACT
The total appropriation for these donations is funded by the additional revenue received from Laurie Marine Living Trust, Library patrons, and Orange Public Library Foundation.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community b: Deliver high quality and safe recreational, social, environmental, educational and cultural services.

6. DISCUSSION AND BACKGROUND
The Orange Public Library (OPL) has received $10,788.26 in donation funds for Fiscal Year 2022- 2023 (FY23). All funds will be spent or encumbered by June 2023.

Laurie Marine grew up in Orange County and settled in Orange Park Acres, where she became City of Orange Printed on 7/7/2022Page 1 of 2
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Item #: 3.16. 7/12/2022 File #: 22-0408
Laurie Marine grew up in Orange County and settled in Orange Park Acres, where she became active in the Orange community, often attending City Council and Planning Commission meetings.

Ms. Marine was an advocate for many local non-profits, including the Orange Public Library. She was a voracious reader with subscriptions to many newspapers, magazines, and publications. This $10,000 donation from the Laurie Marine Living Trust will fund books, eBooks, and eAudiobooks for children, teens, and adults at the 3 Library locations. The Orange Public Library will memorialize Laurie Marine’s donation with bookplates where appropriate.

Donations from miscellaneous Library patrons will help fund the installation of an OPL Comic Convention decal inside the Orange Public Library & History Center to attract the public to its Graphic Novel Collection in Adult Fiction.

The Orange Public Library Foundation has generously donated funds toward the purchase of a banner advertising the OPL Comic Convention. The Library will publicize the Foundation’s programming support on its OPL Comic Convention marketing.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.16. 7/12/2022 File #: 22-0408
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Appropriation of $10,788.26 in designated donation funding received from Laurie Marine Living Trust, Library patrons, and Orange Public Library Foundation.

2. SUMMARY
This $10,788.26 donation will be used to enhance and expand the Library’scollections and resources for children, teens, and adults.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The total appropriation for these donations is funded by the additional revenue received from Laurie Marine Living Trust, Library patrons, and Orange Public Library Foundation.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community b: Deliver high quality and safe recreational, social, environmental, educational and cultural services.

6. DISCUSSION AND BACKGROUND
The Orange Public Library (OPL) has received $10,788.26 in donation funds for Fiscal Year 2022- 2023 (FY23). All funds will be spent or encumbered by June 2023.

Laurie Marine grew up in Orange County and settled in Orange Park Acres, where she became City of Orange Printed on 7/7/2022Page 1 of 2
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Item #: 3.16. 7/12/2022 File #: 22-0408
Laurie Marine grew up in Orange County and settled in Orange Park Acres, where she became active in the Orange community, often attending City Council and Planning Commission meetings.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.17. 7/12/2022 File #: 22-0413
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $133,885.72 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 2022-2023.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $133,885.72 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 $131,583.75 into the expenditure account numbers for Overtime -Safety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $2,301.97 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 City of Orange Printed on 7/7/2022Page 1 of 2
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Item #: 3.17. 7/12/2022 File #: 22-0413
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 Medical Technician (EMT).

Upon return from an incident, reimbursement paperwork and invoices are submitted to Cal-OES. The Fire Department recently received reimbursement payments for the Bootleg Fire for $99,949.94, the OES Pre-Position #210074 for $11,180.08, the OES Pre-Position #210076 for $13,848.75, and the OES Pre-Position #210083 for $8,906.95. Staff is requesting that funds be appropriated into the appropriate expenditure accounts for Fiscal Year 2022-2023. The additional funds will reimburse Fire Department overtime and travel expenditures incurred during these incidents.

Staff recommends acceptance of revenue and appropriation of expenditures as follows:

Cal-OES reimbursements (revenue account 100.3024.48212.xxxxx):
$ 99,949.94 40273 - Bootleg Fire
11,180.08 40286 - OES Pre-Position #210074
13,848.75 40287 - OES Pre-Position #210076
8,906.95 40288 - OES Pre-Position #210083
$ 133,885.72
Overtime-Safety (expenditure account 100.3024.50221.xxxxx):
$ 99,270.62 40273 - Bootleg Fire
10,747.24 40286 - OES Pre-Position #210074
13,336.58 40287 - OES Pre-Position #210076
8,229.31 40288 - OES Pre-Position #210083
$ 131,583.75
Strike Team (expenditure account 100.3024.53860.xxxxx):
$ 679.32 40273 - Bootleg Fire
432.84 40286 - OES Pre-Position #210074
512.17 40287 - OES Pre-Position #210076
677.64 40288 - OES Pre-Position #210083
$ 2,301.97

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.17. 7/12/2022 File #: 22-0413
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $133,885.72 in State of California Office of Emergency Services funding received.

3. RECOMMENDED ACTION

2. Authorize the appropriation of $131,583.75 into the expenditure account numbers for Overtime -Safety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $2,301.97 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 City of Orange Printed on 7/7/2022Page 1 of 2
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Item #: 3.17. 7/12/2022 File #: 22-0413
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 Medical Technician (EMT).

Staff recommends acceptance of revenue and appropriation of expenditures as follows:

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.18. 7/12/2022 File #: 22-0423
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Request for funding for the improvement project at North Net Training Center.

2. SUMMARY
The Fire Department is requesting City Council approve additional funding for the improvement project at North Net Training Center. The City’s portion of the project is $165,000.

3. RECOMMENDED ACTION
Authorize the appropriation of $165,000 from the General Fund unreserved fund balance to expenditure account number 100.3021.51780.20515, General Fund - North Net Training Facility.

4. FISCAL IMPACT
The total additional expenditure for this project is $165,000 and will be funded through 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.

6. DISCUSSION AND BACKGROUND
Pursuant to a joint powers agreement, the cities of Orange and Anaheim formed the North Net Training Authority (North Net) for joint use of the Training Center to foster cooperation between the cities and provide more cost-effective training for each city’sfire department personnel. Funding for North Net operations is based on the relative number of firefighter positions in each city and currently, Anaheim provides 64.51% of the funding and Orange 35.49%. The North Net site is owned by Anaheim and is leased by North Net pursuant to the terms of the joint powers agreement.

In May 2021, the Orange County Board of Supervisors approved the sale of a 20,654 square foot Orange County Flood Control District parcel adjacent to the Training Center to Anaheim. A First Amendment to the Amended and Restated North Net Joint Powers Training Agreement was approved by the city councils of Orange and Anaheim, respectively, on July 16, 2021, and July 20, 2021, formally adding the parcel to the Training Center site.

Also in May 2021, Kreuzer Consulting Group (Kreuzer) was retained for design development for site improvements. After a year-long process of reviewing the design to reduce costs, on June 10, 2022, City of Orange Printed on 7/7/2022Page 1 of 2
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improvements. After a year-long process of reviewing the design to reduce costs, on June 10, 2022, the City of Anaheim Public Works Department and North Net received a final site plan and preliminary cost estimate in the amount of $1,164,030 from Kreuzer for the site improvements.

North Net had originally allocated $700,000 to the expansion project; however, due to the high rate of inflation, especially in the construction field, and supply and demand issues, there is a shortfall of $463,975 to complete the project.

Staff is requesting an appropriation to make up the shortfall in relationship to the City’sFair Share Percentage of 35.49% or approximately $164,665. If approved by the Anaheim City Council, Anaheim would contribute the balance of 64.51% or $299,310. The project will only go forward if the City Councils of both cities approve a Fair Share Percentage contribution.

7. ATTACHMENTS
· North Net Training Authority, JPA Board, Expansion Project City of Orange Printed on 7/7/2022Page 2 of 2
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Agenda Item
City Council
Item #: 3.18. 7/12/2022 File #: 22-0423
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Request for funding for the improvement project at North Net Training Center.

2. SUMMARY
The Fire Department is requesting City Council approve additional funding for the improvement project at North Net Training Center. The City’s portion of the project is $165,000.

4. FISCAL IMPACT
The total additional expenditure for this project is $165,000 and will be funded through 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.

Also in May 2021, Kreuzer Consulting Group (Kreuzer) was retained for design development for site improvements. After a year-long process of reviewing the design to reduce costs, on June 10, 2022, City of Orange Printed on 7/7/2022Page 1 of 2
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improvements. After a year-long process of reviewing the design to reduce costs, on June 10, 2022, the City of Anaheim Public Works Department and North Net received a final site plan and preliminary cost estimate in the amount of $1,164,030 from Kreuzer for the site improvements.

7. ATTACHMENTS
· North Net Training Authority, JPA Board, Expansion Project City of Orange Printed on 7/7/2022Page 2 of 2
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261
262
Agenda Item
City Council
Item #: 3.19. 7/12/2022 File #: 22-0414
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Annual Concrete Replacement Phase I, for Fiscal Year 2022- 2023; and authorization to advertise Bid No. 22-23.04.

2. SUMMARY
Plans and specifications have been completed and the project is ready to be advertised for bids. The total estimated construction cost, including contingencies (15%), is $500,000.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for bids.

4. FISCAL IMPACT
The total expenditure, including the 15% contingency, for this project, is $500,000 and will be funded in Citywide Sidewalk Assessment Program (20441) and operating expenditures through:

Measure M (263) $150,000
Capital Projects (500) 350,000
Total: $500,000

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 is the result of the pilot sidewalk assessment conducted within the Old Towne area. The Annual Concrete Replacement Project Phase I (Old Towne area), includes a component of the annual maintenance services citywide on a scale large enough that these services require an outside contractor. As such, this contract is funded from both the Operations, and Capital Improvement Project (CIP) budgets previously approved by Council.

Utilizing the City’s sidewalk assessment that was conducted for the Old Towne area, the total City of Orange Printed on 7/7/2022Page 1 of 2
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estimated quantities for concrete repairs and replacement are as follows:

Item Quantity Unit Description
1 1,000 LF Curb and gutter
2 20,000 SF Sidewalk replacement
3 5,000 SF Sidewalk grinding
4 1,000 SF Driveway Apron
LF = Linear Feet, SF = Square Feet
Construction is scheduled to begin in October 2022 and is expected to be completed within 90 calendar days.

The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA guidelines Section 15301 “Existing Facilities” Class 1 (c). The Notice of Exemption will be filed with the County Recorder’sOffice upon the Council’sapproval of the plans and specifications.

Specifications and cost estimates are available to review in the Public Works Department.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.19. 7/12/2022 File #: 22-0414
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Annual Concrete Replacement Phase I, for Fiscal Year 2022- 2023; and authorization to advertise Bid No. 22-23.04.

2. SUMMARY
Plans and specifications have been completed and the project is ready to be advertised for bids. The total estimated construction cost, including contingencies (15%), is $500,000.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for bids.

Measure M (263) $150,000
Capital Projects (500) 350,000
Total: $500,000

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.

Utilizing the City’s sidewalk assessment that was conducted for the Old Towne area, the total City of Orange Printed on 7/7/2022Page 1 of 2
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estimated quantities for concrete repairs and replacement are as follows:

Specifications and cost estimates are available to review in the Public Works Department.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.20. 7/12/2022 File #: 22-0389
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
Three 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. Thai Nguyen

2. M.O. (minor)

3. Thomas Wilson

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 Thai Nguyen alleging property damage to vehicle by falling rocks from a construction site truck.

2. Claim for damages from M.O. (minor) alleging personal injury when Claimant tripped and fell on a pole at Irvine Regional Park.

3. Claim for damages from Thomas Wilson alleging property damage to motorcycle tire after driving over debris on the roadway.

7. ATTACHMENTS
· None.

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Agenda Item
City Council
Item #: 3.20. 7/12/2022 File #: 22-0389
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
Three 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. Thai Nguyen

2. M.O. (minor)

3. Thomas Wilson

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 Thai Nguyen alleging property damage to vehicle by falling rocks from a construction site truck.

2. Claim for damages from M.O. (minor) alleging personal injury when Claimant tripped and fell on a pole at Irvine Regional Park.

3. Claim for damages from Thomas Wilson alleging property damage to motorcycle tire after driving over debris on the roadway.

7. ATTACHMENTS
· None.

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Agenda Item
City Council
Item #: 3.21. 7/12/2022 File #: 22-0377
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 Gentry General Engineering, Inc. for Chapman Avenue and Yorba Street Sidewalk Repair; Bid No. 21-22.38.

2. SUMMARY
Bids for the Chapman Avenue and Yorba Street Sidewalk Repair (SP-4212) were received and opened on June 16, 2022. Five bidders responded to the notice inviting bids. The apparent low bidder was Gentry General Engineering Inc. in the amount of $138,925.

3. RECOMMENDED ACTION
Approve contract with Gentry General Engineering, Inc. in the total amount of $152,817.50 representing an original amount of $138,925.00 plus a 10% contingency of $13,892.50, for Chapman Avenue and Yorba Street Sidewalk Repair; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this contract is $152,817.50 and will be funded in Pavement Management Program (13120) through Measure M2 (263).

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

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

6. DISCUSSION AND BACKGROUND
The Chapman Avenue and Yorba Street Sidewalk Repair Project will repair a portion of sidewalk, street pavement, curb and gutter along Chapman Avenue near the intersection of Chapman Avenue and Yorba Street. This area has been requiring a continuous maintenance as it was built on the old Yorba Landfill that is still settling. In 2020, the similar repair was completed in this area. Due to the settlement of the landfill, the sidewalk, curb and gutter have been damaged and created a low point on Chapman Avenue causing the localized flooding during the rainy season and it has become a safety concern to the public.

This project was advertised as an informal bid on May 19, 2022. The bid solicitation was advertised City of Orange Printed on 7/7/2022Page 1 of 2
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This project was advertised as an informal bid on May 19, 2022. The bid solicitation was advertised for a period of 4-weeks and bid were opened on June 16, 2022. Five bids were received as follows:

1. Gentry General Engineering, Inc., Rancho Cucamonga $138,925.00

2. EBS General Engineering, Inc., Corona $170,175.00

3. CT&T Paving, Inc., Diamond Bar $213,193.20

4. Hardy & Harper, Inc., Lake Forest $235,000.00

5. PALP Inc., dba Excel Paving Co, Long Beach $239,520.00 Staff has worked with Gentry General Engineering, Inc. before and found them to be a good contractor, with adequate years of experience in completing contracts of similar nature to this project.

Therefore, staff recommends that Gentry General Engineering, Inc. be awarded the contract in the amount of $152,817.50, representing an original amount of $138,925.00 plus a 10% contingency of $13,892.50, for Chapman Ave. and Yorba St. Sidewalk Repair.

The proposed project is categorically exempt from the provisions of the California Environmental Quality Ave (CEQA) under CEQA guidelines Section 15301 “Existing Facilities” Class 1 (c). The CEQA Notice of Exemption has been filed with the County Recorder’s Office.

Construction is scheduled to begin in mid-August 2022 and is expected to be completed by mid- September 2022.

7. ATTACHMENTS
· Bid Abstract
· Contract with Gentry General Engineering, Inc.

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Agenda Item
City Council
Item #: 3.21. 7/12/2022 File #: 22-0377
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 Gentry General Engineering, Inc. for Chapman Avenue and Yorba Street Sidewalk Repair; Bid No. 21-22.38.

4. FISCAL IMPACT
The total expenditure for this contract is $152,817.50 and will be funded in Pavement Management Program (13120) through Measure M2 (263).

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

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

This project was advertised as an informal bid on May 19, 2022. The bid solicitation was advertised City of Orange Printed on 7/7/2022Page 1 of 2
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Item #: 3.21. 7/12/2022 File #: 22-0377
This project was advertised as an informal bid on May 19, 2022. The bid solicitation was advertised for a period of 4-weeks and bid were opened on June 16, 2022. Five bids were received as follows:

1. Gentry General Engineering, Inc., Rancho Cucamonga $138,925.00

2. EBS General Engineering, Inc., Corona $170,175.00

3. CT&T Paving, Inc., Diamond Bar $213,193.20

4. Hardy & Harper, Inc., Lake Forest $235,000.00

Construction is scheduled to begin in mid-August 2022 and is expected to be completed by mid- September 2022.

7. ATTACHMENTS
· Bid Abstract
· Contract with Gentry General Engineering, Inc.

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City of Orange: Summary of Bid Abstracts for:
1 2 3 4 5
Bid No. 21-22.38; Project No. SP-4212
Date of Bid Opening: 06/16/2022
Tel. No. (909) 693-3391 Tel. No. (951) 279-6869 Tel. No. (909) 629-8000 Tel. No. (714) 444-1851 Tel. No. (562) 599-5841 NO. DESCRIPTION OF WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Chapman Ave. and Yorba Street Sidewalk Repair
1 Sawcut & Remove Existing and
Construct Concrete Curb and Gutter,
Type A per City Std. Plan No. 117 (8"
or Variable Curb Face, per Plan)
280 LF $115.00 $32,200.00 $92.00 $25,760.00 $72.00 $20,160.00 $95.00 $26,600.00 $120.00 $33,600.00 $94.00 $26,320.00 2 Remove Existing Curb And Sidewalk
Access Ramp, And Construct New
Ramp Per City Standard Plan No.
121 With Detectable Warning
Surface (Truncated Dome 4' X 3')
1 EA $6,900.00 $6,900.00 $5,200.00 $5,200.00 $17,775.00 $17,775.00 $12,500.00 $12,500.00 $11,000.00 $11,000.00 $12,000.00 $12,000.00 3 Remove Existing and Construct
Concrete Sidewalk per City Std. Plan
No. 118 & 120 and plan detail.
2010 SF $23.00 $46,230.00 $10.50 $21,105.00 $18.30 $36,783.00 $22.00 $44,220.00 $18.00 $36,180.00 $18.00 $36,180.00 4 Cold Plane Existing Asphalt Concrete
Pavement (Depth Per Plan)
230 SY $2.30 $529.00 $38.00 $8,740.00 $37.00 $8,510.00 $30.00 $6,900.00 $35.00 $8,050.00 $59.00 $13,570.00 5 Place and Compact Variable Depth
Aggregate Base Under Sidewalk
40 CY $115.00 $4,600.00 $300.00 $12,000.00 $466.00 $18,640.00 $430.00 $17,200.00 $200.00 $8,000.00 $180.00 $7,200.00 6 Asphalt Concrete Pavement - Base
Course (Variable Depth) 20 TON $126.50 $2,530.00 $380.00 $7,600.00 $345.00 $6,900.00 $321.00 $6,420.00 $500.00 $10,000.00 $340.00 $6,800.00 7 Asphalt Rubberized Hot Mix (ARHM) -
Surface Course 40 TON $115.00 $4,600.00 $420.00 $16,800.00 $300.00 $12,000.00 $430.00 $17,200.00 $500.00 $20,000.00 $400.00 $16,000.00 8 Furnish & Install Traffic Detector
Loops 6 EA $345.00 $2,070.00 $840.00 $5,040.00 $407.00 $2,442.00 $837.60 $5,025.60 $500.00 $3,000.00 $375.00 $2,250.00 9 Traffic Control and Construction
Phasing 1 LS $2,875.00 $2,875.00 $10,600.00 $10,600.00 $14,500.00 $14,500.00 $24,000.00 $24,000.00 $77,170.00 $77,170.00 $78,000.00 $78,000.00 10 Install Traffic Signing and Striping,
Legends, and RPM's (Thermoplastic)
per City's Plan and MUTCD
1 LS $1,150.00 $1,150.00 $3,100.00 $3,100.00 $2,890.00 $2,890.00 $3,147.60 $3,147.60 $10,000.00 $10,000.00 $9,000.00 $9,000.00 11 (F) Imported Fill 20 CY $28.75 $575.00 $150.00 $3,000.00 $510.00 $10,200.00 $900.00 $18,000.00 $250.00 $5,000.00 $120.00 $2,400.00 12 Adjust Existing Chain Link Fence Post
to Match Proposed Grade 1 LS $1,150.00 $1,150.00 $12,300.00 $12,300.00 $12,335.00 $12,335.00 $24,300.00 $24,300.00 $5,000.00 $5,000.00 $13,000.00 $13,000.00 13 Adjust Existing Pull Box to Match
Proposed Grade 8 EA $460.00 $3,680.00 $960.00 $7,680.00 $880.00 $7,040.00 $960.00 $7,680.00 $1,000.00 $8,000.00 $2,100.00 $16,800.00 $109,089.00 $138,925.00 $170,175.00 $213,193.20 $235,000.00 $239,520.00 CT&T Paving Inc.

Diamond Bar, CA
Hardy & Harper, Inc.

Lake Forest CA
PALP Inc., dba Excel Paving
Company,
Long Beach, CA
Total

ENGINEER'S ESTIMATE
Chapman Ave. and Yorba Street Sidewalk Repair
Gentry General Engineering
Inc.

Rancho Cucamunga CA
EBS General Enginering,
Corona, CA

Page 1 of 1 ends

CONTRACT
[Chapman Ave. and Yorba St. Sidewalk Repair (Bid No. 21-22.38)]

THIS CONTRACT (the “Contract”) is made and ente red into as of ___ ___________, 2022, (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), a nd GENTRY GENERAL ENGINEERING, INC ., a California corporation (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed

a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two (2) bonds presented to City with this Contract and incorporated herein by this reference, Contractor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in good workmanship and substantial manner the work (the “Work”) described in:

(1) The Construction Plans for Chapman Ave. and Yorba St. Sidewalk Repair (SP - 4212) prepared by the City, approved by the “Engineer” (as defined herein below) on May 19, 2022, and consisting of sheets numbered 1 through 2, inclusive (the “Plans”);

(2) The latest edition of the "City of Orange Standard Plans and Specifications" (the “Orange Book”) with the term "Engineer," as used in the Orange Book and in this Contract, to specifically include the City Engineer (or his/her designee);

(3) The "Standard Specifications for Public Works Construction ” (the “Greenbook”), and all amendments thereto , except the definition of “Subcontractor” in Section 1.2 (General – Terms and Definitions) of Part 1 (General Provisions) of the Greenbook, which is hereby amended in its entirety to read as follows: “Subcontractor – An individual, firm, or corporation ha ving a direct contract with the Contractor for the performance of a part of the Work;”

(4) The “City of Orange Standard Special Provisions;”

(5) The Standard Plans; and

(6) Contractor’s Bid Proposal , which is on file with City’s Department of Public Works.

b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Greenbook and City of Orange Standard Special Provisions and Standard Plans are on file with City’s Public Works Director and are hereby specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges that it has read, reviewed and understands the Plans, the Orange Book, the Greenbook, the Special 274
2 Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of which documents shall be referred to herein collectively as the “Plans and Specifications.”

c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal Code which requires, among other things, that Contractor utilize City’s exclusive solid waste hauler for the rental of bins for trash and debris removal and imposes mandatory recycling requirements for self-hauled construction and demolition waste. The terms and conditions set forth in this Contract shall control over any terms and conditions in the Plans and Specifications to the contrary.

d. The Work shall be performed in conformity with the Plans and Specifications and the Bid Proposal and all applicable laws, including any and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment.

e. Unless and until otherwise notified in writing by City’s Public Works Director, City’s Senior Civil Engineer, Youichi Nakagawa (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Public Works Director may designate from time to time, that Contractor shall coordi nate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Public Works Director.

f. It is expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and Contractor’s Bid Proposal, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid Proposal conflicting herewith.

ARTICLE 2
Commencement of Work

Contractor shall commence the Work provided for in this Contract within fifteen (15) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within twenty-one (21) calendar days from such date, unless legal extension is granted in accordance with the terms set forth in the Greenbook. Time is of the essence in this Contract.

Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work.

ARTICLE 3
Compensation

a. Contractor agrees to receive and accept an amount not to exceed ONE HUNDRED THIRTY-EIGHT THOUSAND NINE HUNDRED TWENTY -FIVE DOLLARS and 00/100 ($138,925.00) 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 275
3 nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below ; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.

b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of THIRTEEN THOUSAND EIGHT HUNDRED NINETY-TWO DOLLARS and 50/100 ($13,892.50) has been added to the total compensation of th is Contract. The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such Work or services.

c. The total amount of compensation under this Contract, including contingencies, shall not exceed ONE HUNDRED FIFTY-TWO THOUSAND EIGHT HUNDRED SEVENTEEN DOLLARS and 50/100 ($152,817.50).

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 276
4 function properly, as designed, due to any of the above causes within twelve (12) months after the date on which said Work is accepted by City, Contractor shall make repairs and furnish such materials and equipment as are necessary to be furnished and installed within fifteen (15) calendar days after the receipt of a demand from City.

c. Said Work will be deemed defective within the meaning of this guarantee in the event that it fails to function as originally intended either by the Plans and Specifications of this Contract or by the manufacturer(s) of the equipment incorporated into the Work.

d. In the event repairs are not made within fifteen (15) calendar days after Contractor's receipt of a demand from City, City shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand, for all expenses 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 repa irs 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 c omply 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 277
5 as the result of Contractor’s services rendered pursuant to this Contract. City shal l 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 se rvices 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 circumstanc es, 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 he alth, life, dental, long -term disability or workers' compensation insurance benefits.

b. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.

ARTICLE 8
Public Work; Prevailing Wage

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

To the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor under it, shall pay not less than the specified prevailing ra tes of wages to all such workers . The 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.

“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.”
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6 d. Contractor shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increased costs” (including reasonable attorney’s fees, court and litigation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or s tate labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the W ork which is the subject of this Contract, Contractor shall bear all risks of payment or non -payment of state prevailing wages. “Increased costs” as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time t o 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 appl icant 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 employm ent, 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 fo r 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 considera tion 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. 279
7 ARTICLE 11
Indemnity

Contractor shall defend, indemnify and hold harmless City and its officers, officials, agents, and employees from and against:

a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or adjacent t o the real property which is the subject of this Contract, or in connection with performance of this Contract which may be directly or indirectly caused by the acts or omissions of Contractor or its officers, employees, contractors or agents, or as a conse quence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents, and employees. The foregoing indemnity shall survive termination of this Contract.

b. Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contracto r’s employees or its subcontractor’s employees arising out of Contractor’s Work under this Contract, including any and all claims under any law pertaining to Contractor’s status as an independent contractor.

ARTICLE 12
Insurance

a. Contractor shall procu re 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.
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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 self - insured retentions with respect to City, its officers, officials, agents and employees; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

e. Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:

(1) City, its offi cers, 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 th e 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 o fficers, 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 fu rnish 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 i nsurance.

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. S hould 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 th e 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 ve rification 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 wh o is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee , such shall constitute a material breach of this Contract and may be cause for immediate termination of this Contract by City.

f. Contractor shall indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor’s failure to comply with said l aws, rules and regulations in connection with the performance of this Contract.
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11 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. 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 m ail, 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”

Gentry General Engineering, Inc. City of Orange
PO Box 322 300 E. Chapman Avenue
Rancho Cucamonga, CA 91730 Orange, CA 92866-1591

Attn: Brenton Gentry Attn: Eric Perez

Telephone: (909) 330-1128 Telephone: (714) 744-5568 E-Mail: [email protected] E-Mail: [email protected]

ARTICLE 19
Claim Resolution

City and Contractor agree that the claim resolution process applicable to any claim by Contractor in connection with the Work provided herein shall be subject to the procedures set forth 284
12 in California Public Contract Code Section 9204, attache d 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.

“CITY”

CONTRACT, BONDS AND INSURANCE
APPROVED BY:

Mary E. Binning, Senior Assistant City Attorney

CITY OF ORANGE, a municipal corporation

By:

Mark A. Murphy
Mayor of the City of Orange

ATTEST:

Pamela Coleman, City Clerk

“CONTRACTOR”

GENTRY GENERAL ENGINEERING, INC,
a California corporation

[Note: Signature of Chairman of the By:

Board, President or Vice President is Printed Name:
required] Title:

[Note: Signature of Secretary, Assistant By:

Secretary, Chief Financial Officer or Printed Name:

Assistant Treasurer is also required] Title:

285

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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 o f 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 deba rred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
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(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000). (b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be pr ohibited 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 c hapter, 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 b id, 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, 2 015, 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. 287

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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 t o the requirements of Section 4104 of the Public Contract Code , or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code , provided the contractor is registered to p erform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) 288

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for each day the unregistered lower tier subcontracto r 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 requi rements 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 tiere d 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 b e 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, postag e prepaid to the con tractor 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 addr ess 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. 289

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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 prevaili ng 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 1776 for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
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(b) The Labor 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 La bor 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 291

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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 th e 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 su bcontractor 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 Enforcemen t 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 ea ch 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. 292

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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 printout s 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 th e last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor - management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursu ant 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. 293

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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 pena lty 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 Divis ion 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 dis patch 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 294

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apprentice agreements unde r 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 appren tices 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 dete rmined 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 excl uded 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 submitte d 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 are a 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 per iod 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 295

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of Apprenticeship, upon application of an apprenticeship program, may or der 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 approva l 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 tr aining 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 ther eafter, 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 trainin g 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 c ouncil, 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 Depar tment of Industrial Relations is able to verify that grant funds were used s olely for training apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pur suant 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 create d 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 who se behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of 297

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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 h ours per day at not less than 1 ½ times the basic rate of pay.
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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 publ ic 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 Rehabilitat ion 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. 299

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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 ident ifying 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 regis tered 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 t he 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 ent ity 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. 300

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(C) For purposes of this section, mediation includes any nonbinding p rocess, 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 litigati on 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 enti ty 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 s ection, 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 shal l 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. 301
Agenda Item
City Council
Item #: 3.22. 7/12/2022 File #: 22-0396
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 California Professional Engineering, Inc. for Steel Streetlight Replacement, Fiscal Year 2021-2022; Bid No. 21-22.36.

2. SUMMARY
Bids for the Steel Streetlight Replacement Project, Fiscal Year 2021-2022, were received and opened on June 16, 2022. Seven bidders responded to the notice inviting bids. The apparent low bidder is California Professional Engineering, Inc. of La Puente, CA in the amount of $411,012.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $40,000 from the Capital Projects unreserved fund balance to expenditure account number 500.5032.56100.20374, Streetlight Pole Replacement Program.

2. Award the contract to California Professional Engineering, Inc. in the total amount of $452,113 representing an original bid amount of $411,012, plus a 10% contingency of $41,101, for the Steel Streetlight Replacement project, Fiscal Year 2021-2022; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this contract is $452,113 and will be funded in Streetlight Pole Replacement Program (20374) through Capital Projects (500).

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

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

6. DISCUSSION AND BACKGROUND
The City Council previously approved advertisement for bids on May 10, 2022. The bid solicitation was advertised on May 26, 2022 for a period of three weeks and bids were opened on June 16, 2022.

Seven bids were received as follows:

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Item #: 3.22. 7/12/2022 File #: 22-0396

1. California Professional Engineering, Inc., La Puente, CA $411,012

2. DBX, Inc., Temecula, CA $468,002

3. Alfaro Communications Construction, Inc., Compton, CA $545,422

4. Elecnor Belco Electrical, Inc., Chino, CA $559,920

5. Crosstown Electrical & Data, Inc., Irwindale, CA $561,690

6. Comet Electric, Chatsworth, CA $577,038

7. KDC Inc., DBA Dynalectric, Los Alamitos, CA $640,922 The apparent low bid is approximately 1% lower than the engineer’sestimate. California Professional Engineering, Inc. has completed contracts of similar nature to this project in the past and was found to be a responsive and responsible bidder. Therefore, staff recommends that California Professional Engineering, Inc. be awarded the contract in the total amount of $452,113, representing an original amount of $411,012 plus a 10% contingency of $41,101, for the Steel Streetlight Replacement, Fiscal Year 2021-2022 Project. The remaining budget in the project will be used for construction management.

The City acquired 4,359 streetlight poles from Southern California Edison (SCE) in 2017. Of the acquired poles, 2,024 were steel poles of varying condition, some of which are connected by way of overhead electrical wires. As part of the SCE light pole acquisition, a portion of the annual savings has been programmed to identify and replace those steel poles whose condition have deteriorated over time.

Based on the ability to accumulate funding for more efficient use of said funds, we anticipate that the City will initiate pole replacement projects every two years. For this project, 22 poles were identified for replacement based on their physical condition and/or their location in proximity to parkway trees.

The existing steel streetlight poles will be replaced with City standard LED-retrofitted concrete poles and existing overhead wires will be relocated to underground conduits.

The proposed streetlight replacement project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA guidelines Section 15302, Class 2 “Replacementor Reconstruction”.The Notice of Exemption was filed with and posted by the County Recorder’s Office on May 20, 2022.

Construction is scheduled to begin in August 2022 and is expected to be completed within 80 calendar days.

7. ATTACHMENTS
· Bid Abstract
· Location Map
· Contract with California Professional Engineering, Inc.

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Agenda Item
City Council
Item #: 3.22. 7/12/2022 File #: 22-0396
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 California Professional Engineering, Inc. for Steel Streetlight Replacement, Fiscal Year 2021-2022; Bid No. 21-22.36.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $40,000 from the Capital Projects unreserved fund balance to expenditure account number 500.5032.56100.20374, Streetlight Pole Replacement Program.

4. FISCAL IMPACT
The total expenditure for this contract is $452,113 and will be funded in Streetlight Pole Replacement Program (20374) through Capital Projects (500).

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.

Seven bids were received as follows:

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Item #: 3.22. 7/12/2022 File #: 22-0396

1. California Professional Engineering, Inc., La Puente, CA $411,012

2. DBX, Inc., Temecula, CA $468,002

3. Alfaro Communications Construction, Inc., Compton, CA $545,422

4. Elecnor Belco Electrical, Inc., Chino, CA $559,920

5. Crosstown Electrical & Data, Inc., Irwindale, CA $561,690

6. Comet Electric, Chatsworth, CA $577,038

The existing steel streetlight poles will be replaced with City standard LED-retrofitted concrete poles and existing overhead wires will be relocated to underground conduits.

Construction is scheduled to begin in August 2022 and is expected to be completed within 80 calendar days.

7. ATTACHMENTS
· Bid Abstract
· Location Map
· Contract with California Professional Engineering, Inc.

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City of Orange: Summary of Bid Abstracts for:
1 2 3 4 5 6 7
Bid No. 21-22.36
Date of Bid Opening: 6/16/22
Tel. No. (626) 810-1338 Tel. No. (951) 296-9909 Tel. No. (310) 669-8949 Tel. No. (909) 993-5470 Tel. No. (626) 813-6693 Tel. No. (818) 340-0965 Tel. No. (714) 828-7000 NO. DESCRIPTION OF WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Remove and dispose existing steel
streetlight pole and foundation and
install new concrete pole (per plan pole
schedule) and foundation; salvage
existing LED fixtures and re-connect to
new concrete pole.
22 EA 8,000.00$
$176,000.00 $7,796.00 $171,512.00 $7,488.00 $164,736.00 $8,792.00 $193,424.00 $7,660.00 $168,520.00 $10,395.00 $228,690.00 $12,486.00 $274,692.00 $7,951.00 $174,922.00 2 Install PVC conduit (2" and 3") with
conductors as specified on the plans. 5000 LF 45.00$ $225,000.00 $44.98 $224,900.00 $51.00 $255,000.00 $66.74 $333,700.00 $75.00 $375,000.00 $60.00 $300,000.00 $55.20 $276,000.00 $90.00 $450,000.00 3 Install Caltrans type III-BF 120/240V
metered service cabinet 2 EA 7,500.00$ $15,000.00 $7,300.00 $14,600.00 $24,133.00 $48,266.00 $9,149.00 $18,298.00 $8,200.00 $16,400.00 $16,500.00 $33,000.00 $13,173.00 $26,346.00 $8,000.00 $16,000.00 $416,000.00 $411,012.00 $468,002.00 $545,422.00 $559,920.00 $561,690.00 $577,038.00 $640,922.00 Comet Electric, Inc. KDC Inc.

Total
Crosstown Electrical & Data,
Inc.

ENGINEER'S ESTIMATE
SP-4196 - Steel Street Light Pole Replacement
California Professional
Engineering, Inc.

DBX, Inc. Elecnor Belco Electric, Inc.Alfaro Communications Construction, Inc.

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21-22 Steel Streetlight Replacement - Tract 2
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CONTRACT
[Steel Streetlight Replacement FY 2021-22 (Bid No. 21-22.36)]

THIS CONTRACT (the “Contract”) is made and ente red into as of ___ ___________, 20__ (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and CALIFORNIA PROFESSIONAL ENGINEERING INC. , a California corporation (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed

(1) The Construction Plans for Steel Streetlight Replacement FY 202 1-22 (Drawing SP-4196) prepared for City by Associate Civil Engineer Chris Mielke, approved by the “Engineer” (as defined herein below ) on May 25, 202 2, and consisting of sheets numbered 1 through 7, inclusive (the “Plans”);

(3) The "Standard Specifications for Public Works Construction” (the “Green Book”), and all amendments thereto , except the definition of “Subcontractor” in Section 1.2 (General – Terms and Definitions) of Part 1 (General Provisions) of the Green Book, which is hereby amended in its ent irety to read as follows: “Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor for the performance of a part of the Work;”

(4) The “City of Orange Standard Special Provisions;”

(5) The Standard Plans; and

(6) Contractor’s Bid Proposal , which is on file with City’s Department of Public Works.

b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Green Book 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 309
2 that it has read, reviewed and understands the Plans, the Orange Book, the Green Book, 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.”

d. The Work shall be performed in conformity with the Plans and Specificati ons and the Bid Proposal and all applicable laws, including any and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment.

e. Unless and until otherwise notified in writing by City’s Public Works Director, City’s Principal Engineer, Randy Nguyen (“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, a nd that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Public Works Director.

ARTICLE 2
Commencement of Work

Contractor shall commence the Work provided for in this Contract within ten (10) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within eighty (80) calendar days from suc h date, unless legal extension is granted in accordance with the terms set forth in the Green Book. 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 FOUR HUNDRED ELEVEN THOUSAND TWELVE DOLLARS and 00/100 ($411,012.00) unless said 310
3 amount is amended by Contract Ch ange Order approved by the City , as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.

b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of FORTY-ONE THOUSAND ONE HUNDRED ONE DOLLARS and 00/100 ($41,101.00) 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 service s 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 FOUR HUNDRED FIFTY -TWO THOUSAND ONE HUNDRED THIRTEEN DOLLARS and 00/100 ($452,113.00).

ARTICLE 4
Licenses

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

ARTICLE 5
Guarantees

a. Contractor guarantees the construction and installation of all Work included in the Plans and Specifications for which Contractor has been awarded this Contract. 311
4 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 rep airs 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.

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 he alth, 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 (“D AMP”), 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 thos e 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 DA MP 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.

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5 ARTICLE 7
Independent Contractor; Contractor not Agent

a. At all times during the term of this Contract, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor’s services rendered pursuant to this Contract. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Contract. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters 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 whatso ever. 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 affo rded 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.

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.

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:
313
6 “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

d. Contractor shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increase d costs” (including reasonable attorney’s fees, court and litigation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation , any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the W ork which is the subject of this Contract, Contractor shall bear all risks of payment or non -payment of state prevailing wages. “Increased costs” as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time. The foregoing indemnity shall survive termination of this Contract.

ARTICLE 9
Equal Employment Opportunity

During the performance of this Contract, Contractor agrees as follows:

a. Contractor shall not discriminate against any employee or applicant f or employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed and that employees are treated during employment, wi thout regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor shall post in conspicuous places, available to employees and applicants for emplo yment, a notice setting forth provisions of this non-discrimination clause.

b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration fo r employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

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7 ARTICLE 10
Conflicts of Interest

ARTICLE 11
Indemnity

Contractor shall defend, indemnify and hold harmless City and its officers, officials, agents, and employees from and against:

b. Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s Work under this 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.

315
8 (1) General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the general aggregate
limit shall be twice the required
occurrence limit.

(2) Automobile Liability $1,000,000 per accident for bodily injury and property damage.

(3) Workers’ Compensation as required by the State of California.

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

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 respec t 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 wit h 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.

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9 (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 Cit y 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.

i. Contractor agrees that in the event of loss due to any of the p erils 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 Con tractor 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.

j. Contractor shall require and verify that all subcontractors mai ntain insurance meeting all of the requirements stated herein.

ARTICLE 13
Termination

City, acting through its City Manager or 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 te rmination 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 principle s, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting 317
10 records and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Contract. During the term of this Contract and for a period of three (3) years after termination or completion of this Contract, City shall have the right to inspect and/or audit Contractor's records pertaining to the performance of this Contract at Contractor's office. Contractor shall make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.

ARTICLE 15
Compliance with Laws

b. Contractor represents and warrants that it:

(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 H omeland 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 servic es 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 Unit ed 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 318
11 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 limi ted to fines, penalties and corrective measures, City may sustain by reason of Contractor’s failure to comply with said laws, rules and regulations in connection with the performance of this Contract.

ARTICLE 16
Governing Law and Venue

This Contract shall be construed in accordance with and governed by the laws of the State of California and Contractor shall submit to the juri sdiction of California courts. Venue for any dispute arising under this Contract shall be in Orange County, California.

ARTICLE 17
Integration and Amendment

b. Amendments to this Contract must be in writi ng and signed by both parties. The City Manager is authorized to execute amendments to this Contract up to the amounts specified in Chapter 3.08 of the Orange Municipal Code.]

ARTICLE 18
Notice

Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class ma il, 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”

California Professional Engineering Inc. City of Orange 19062 San Jose Ave 300 E. Chapman Avenue
La Puente, CA 91748 Orange, CA 92866-1591

Attn: Van Nguyen Attn: Randy Nguyen

Telephone: 626-810-1338 Telephone: 714-744-5531
E-Mail: [email protected] E-Mail: [email protected] 319
12 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, attache d hereto as Attachment No. 2, and incorporated herein by this reference.

ARTICLE 20
Counterparts

[Remainder of page intentionally left blank; signatures on next page] 320
13 “CITY”

CONTRACT, BONDS AND INSURANCE
APPROVED BY:

Mary Binning, Senior Assistant City Attorney

CITY OF ORANGE, a municipal corporation

By:

Mark A. Murphy
Mayor of the City of Orange

ATTEST:

Pamela Coleman, City Clerk

“CONTRACTOR”

CALIFORNIA PROFESSIONAL
ENGINEERING INC., a California corporation

[Note: Signature of Chairman of the By:

Board, President or Vice President is Printed Name:
required] Title:

[Note: Signature of Secretary, Assistant By:

Secretary, Chief Financial Officer or Printed Name:

Assistant Treasurer is also required] Title:

321

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ATTACHMENT NO. 1

CALIFORNIA LABOR CODE
SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815

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 th e 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 o r 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:
322

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

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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 gr ounds 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 perfor m 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) 324

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for each day the unregistered lower tier subcontractor performs work in violation of th e registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742 . The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postag e prepaid to the con tractor 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 addr ess 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. 325

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Section 1771.4. Additional requirements when bidding and awarding public works contracts

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Section 1775. Penalties for violations

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Section 1776. Payroll records; retention; inspection; redacted information; agencies entitled to receive nonredacted copies of certified records; noncompliance penalties; rules

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Attachment No. 1

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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 jurisdictio n 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 i s 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 330

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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 add itional 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 a fter 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 w hich 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 331

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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 A dministrator 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 pu rsuant 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 app renticeship 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 ther eafter, 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:
332

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Section 1813. Forfeiture for violations; contract stipulation; report of violations

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Section 1815. Overtime

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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)

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Attachment No. 2

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(C) For purposes of this section, mediation includes any nonbinding p rocess, 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 litigati on 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 enti ty 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 s ection, 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 shal l 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. 337
Agenda Item
City Council
Item #: 3.23. 7/12/2022 File #: 22-0388
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. (Continued from June 14, 2022)

2. SUMMARY
The City of Orange entered into a contract with R.J. Noble Company to rehabilitate streets at various locations throughout the City, included the rehabilitation of two arterial streets. The street project consisted of removing and reconstruction of 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. In addition, a contract change order was issued to include the replacement of damaged concrete curb and gutter and sidewalk on Santa Ana Canyon Road from Orange-Olive Road to Tustin Street. 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 Printed on 7/7/2022Page 1 of 1
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338
Agenda Item
City Council
Item #: 3.23. 7/12/2022 File #: 22-0388
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 Printed on 7/7/2022Page 1 of 1
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339

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 Phase 2 Project (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 July 12, 2022 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project is at various locations in the City of Orange, State of California. The contractor who performed (or caused to be performed) said public work and improvements were 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 12th day of July 2022. CITY OF ORANGE, a municipal corporation By:

Mark A. Murphy, Mayor, City of Orange

STATE OF CALIFORNIA

COUNTY OF ORANGE
I, Mark A. Murphy, Mayor of the City of Orange, state that I have read the foregoing document know the contents thereof, and that the facts therein stated are true of my own knowledge. I hereby declare under penalty of perjury that the foregoing is true and correct.

DATED as of the 12th day of July 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
340
Agenda Item
City Council
Item #: 3.24. 7/12/2022 File #: 22-0410
City of Orange Printed on 7/7/2022Page 1 of 1
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341
Agenda Item
City Council
Item #: 3.24. 7/12/2022 File #: 22-0410
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. 21-22.26, ADA El Modena Branch Library Bathroom Remodel; and authorization to file Notice of Completion.

2. SUMMARY
The project improved two restrooms. As part of this project El Modena Branch Library’s public restrooms are ADA compliant.

RS Construction & Development completed the work to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION
Accept ADA El Modena Branch Library Bathroom Remodel project as complete (SP-4192), and authorize staff to file Notice of Completion with the County Recorder.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Printed on 7/7/2022Page 1 of 1
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342

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 “ADA El Modena Branch Library Bathroom Remodel (Bid No. 21-22.26; SP-4192)” (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 July 12, 2022 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project is at 380 S.

Hewes Street in the City of Orange, State of California. The Contractor who performed (or caused to be performed) said public work and improvements was RS Construction & Development, a California Corporation, with its principal office at 218 W. E Street, in the City of Ontario, State of California.

The name of the surety on the Labor and Material Bond for the Project is The Ohio Casualty Insurance Company of New Hampshire (Bond# 24253466) in the amount of $139,404.00.

DATED as of the 12th day of July 2022. CITY OF ORANGE, a municipal corporation By:

Mark A. Murphy, Mayor of the City of Orange

STATE OF CALIFORNIA

COUNTY OF ORANGE
I, Mark A. Smith, Mayor of the City of Orange, state that I have read the foregoing document, know the contents thereof, and that the facts therein stated are true of my own knowledge. I hereby declare under penalty of perjury that the foregoing is true and correct.

DATED as of the 12th day of July 2022, at Orange, California.

Mark A. Murphy, Mayor of the City of Orange
I, Pamela Coleman, City Clerk for the City of Orange, hereby attest that Mark A. Murphy is known to me to be the Mayor of the City of Orange and known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that the City of Orange executed the same.

Pamela Coleman, City Clerk of the City of Orange
343
Agenda Item
City Council
Item #: 3.25. 7/12/2022 File #: 22-0358
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Authorize purchase of print and audiovisual materials for the Orange Public Library from Baker & Taylor, Inc.

2. SUMMARY
Request to authorize a $115,000 purchase order with Baker & Taylor, Inc. for print and audiovisual materials (i.e. books, DVDs, and CDs) for the Orange Public Library & History Center and the El Modena and Taft Branch Libraries.

3. RECOMMENDED ACTION

1. Approve purchase order for print and audiovisual materials from Baker & Taylor, Inc. in the amount of $115,000.

2. Authorize the City Manager to approve increases to the purchase order should the Library receive donations designated for the purchase of additional print and audiovisual materials.

4. FISCAL IMPACT
The total initial expenditure for this purchase is $115,000 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community b: Deliver high quality and safe recreational, social, environmental, educational, and cultural services.

6. DISCUSSION AND BACKGROUND
As the vendor with the largest inventory and widest selection of titles in the USA, Baker & Taylor, Inc. (Baker & Taylor) is capable of providing a wide variety of library materials sought by Orange Public Library to meet the interests and needs of city users.

Baker & Taylor has demonstrated the highest “fillrate”of any library materials vendor in providing the titles ordered, according to the professional literature. Staff has determined that Baker & Taylor provides the Orange Public Library with volume discounts and minimal shipping costs on terms that are as good as any that are being provided to other libraries.

Periodically, the Library will receive donations specifically designated for the purchase of print and audiovisual materials. For amounts over $5,000 for any one donation, staff will request Council City of Orange Printed on 7/7/2022Page 1 of 2
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Item #: 3.25. 7/12/2022 File #: 22-0358
audiovisual materials. For amounts over $5,000 for any one donation, staff will request Council accept the donation into revenue and appropriate the monies to the designated expenditure account.

For amounts of $5,000 and under, the City Manager has this authority. Rather than requesting Council approve an increase to the purchase order amount each time a donation is received, staff requests Council authorize the City Manager to approve any increases to the purchase order should the Library receive donations designated for the purchase of additional print and audiovisual materials.

Funds will purchase new books and audiovisual materials to meet public demand.

7. ATTACHMENTS
None
City of Orange Printed on 7/7/2022Page 2 of 2
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Agenda Item
City Council
Item #: 3.25. 7/12/2022 File #: 22-0358
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Authorize purchase of print and audiovisual materials for the Orange Public Library from Baker & Taylor, Inc.

3. RECOMMENDED ACTION

1. Approve purchase order for print and audiovisual materials from Baker & Taylor, Inc. in the amount of $115,000.

2. Authorize the City Manager to approve increases to the purchase order should the Library receive donations designated for the purchase of additional print and audiovisual materials.

4. FISCAL IMPACT
The total initial expenditure for this purchase is $115,000 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community b: Deliver high quality and safe recreational, social, environmental, educational, and cultural services.

Periodically, the Library will receive donations specifically designated for the purchase of print and audiovisual materials. For amounts over $5,000 for any one donation, staff will request Council City of Orange Printed on 7/7/2022Page 1 of 2
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Item #: 3.25. 7/12/2022 File #: 22-0358
audiovisual materials. For amounts over $5,000 for any one donation, staff will request Council accept the donation into revenue and appropriate the monies to the designated expenditure account.

Funds will purchase new books and audiovisual materials to meet public demand.

7. ATTACHMENTS
None
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Agenda Item
City Council
Item #: 3.26. 7/12/2022 File #: 22-0393
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of 3-year subscription for AutoCAD software from DLT Solutions.

2. SUMMARY
DLT Solutions is a premier government solutions aggregator who provides access to a robust network of partners and delivers the latest software, technology products and outstanding customer support. As the Citywide license will expire early next year, DLT Solutions is assisting the City to acquire new Autodesk AutoCAD Single-user based subscription licenses.

3. RECOMMENDED ACTION
Approve the purchase of Autodesk AutoCAD 3-year subscription license from DLT Solutions in the amount of $96,266.44.

4. FISCAL IMPACT
The total expenditure for this purchase is $96,026.44 and will be funded through:

Gas Tax 2105 (272) Pavement Management (13120) $30,695.76 Sewer Construction (520) Sewer Line Maint & Replace (15508) 30,695.76 Water Utility Operation (600) Pipeline Renewal (18400) 30,695.75 General Fund (100) 4,179.17
Total: $96,266.44

5. STRATEGIC PLAN GOALS
Goal 4: Provide outstanding public service
c: Enhance technology to improve public accessibility to information and services.

6. DISCUSSION AND BACKGROUND
The Public Works Department and Community Services Department staff have been utilizing the software AutoCAD by Autodesk to perform the daily tasks in producing and reviewing construction plans under the Multi-user license. Starting February 2, 2023, Autodesk will be retiring the Multi-user subscription model, and the Single-user licenses will be implemented.

The approximate cost for an annual Multi-user license subscription is $2,125 per user. Autodesk is currently offering all customers who have a Multi-user license to trade it in for two Single-user licenses at the price of one, plus five percent cost savings, based on an upfront discount on the 3- City of Orange Printed on 7/7/2022Page 1 of 2
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Item #: 3.26. 7/12/2022 File #: 22-0393
year contract license.

The City currently has twelve AutoCAD citywide licenses which will be traded in for the three-year user subscription at a discounted rate. Four additional AutoCAD subscriptions will be purchased to meet staff’sneeds. Finally, four subscriptions of the Architecture, Engineering & Construction (AEC) Collection will be purchased. The AEC collection is a package of various design software products, which include Civil3D, an enhanced version of AutoCAD geared towards roadway and pipe network design. Civil3D is an essential tool for Public Works staff to create 3D design models for roadways and generate plan and profile views of sewer, water, and storm drain designs. Thus, there will be a total of twenty user subscriptions purchased to cover the next three years.

7. ATTACHMENTS
· Quote from DLT Solutions
City of Orange Printed on 7/7/2022Page 2 of 2
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349
Agenda Item
City Council
Item #: 3.26. 7/12/2022 File #: 22-0393
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of 3-year subscription for AutoCAD software from DLT Solutions.

3. RECOMMENDED ACTION
Approve the purchase of Autodesk AutoCAD 3-year subscription license from DLT Solutions in the amount of $96,266.44.

4. FISCAL IMPACT
The total expenditure for this purchase is $96,026.44 and will be funded through:

5. STRATEGIC PLAN GOALS
Goal 4: Provide outstanding public service
c: Enhance technology to improve public accessibility to information and services.

The approximate cost for an annual Multi-user license subscription is $2,125 per user. Autodesk is currently offering all customers who have a Multi-user license to trade it in for two Single-user licenses at the price of one, plus five percent cost savings, based on an upfront discount on the 3- City of Orange Printed on 7/7/2022Page 1 of 2
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Item #: 3.26. 7/12/2022 File #: 22-0393
year contract license.

7. ATTACHMENTS
· Quote from DLT Solutions
City of Orange Printed on 7/7/2022Page 2 of 2
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To:

Robert Davis
Orange City of (CA)
300 E Chapman Ave
Orange, CA 92866
Phone:
(714) 744-2290
Fax:

Email:
[email protected]
From:

William Rucker
DLT Solutions, LLC
2411 Dulles Corner Park
Suite 800
Herndon, VA 20171
Phone:
(703) 708-9126
Fax:
(703) 708-9126
Email:
[email protected]
#
DLT Part No.

Contract
Qty
Unit Price
Ext. Price
1 9701-0896
OM
12 $3,942.17
$47,306.04
AutoCAD - including specialized toolsets AD Government Single-user ELD 3-Year Subscription Switched From Multi-User 2:1 Trade-In
Contract: 110003165235, 2:1 Trade in, 3 year

PoP: 7/22/2022 through 7/21/2025
2 9701-1004943
OM
4 $5,215.34
$20,861.36
AutoCAD - including specialized toolsets AD Government New Single-user ELD 3-Year Subscription new seats of AutoCAD tototal out to 16 for account, 3 year

PoP: 7/22/2022 through 7/21/2025
3 9701-0905
OM
4 $5,839.76
$23,359.04
Architecture Engineering & Construction Collection IC Government Single-user ELD 3-Year Subscription Switched From Multi-User 2:1 Trade-In
Contract: 110003165235, 2:1 Trade in, 3 year

PoP: 7/22/2022 through 7/21/2025
4 9971-30198
OM
60 $79.00
$4,740.00
IMAGINiT Priority Support-Telephone Support, 6-24 seats (price per user) Recommended Support, 3 year

PoP: 7/22/2022 through 7/21/2025
Total
$96,266.44
Price Quotation
Quote:
5083076
Reference:
1708444
Date:
06/28/2022
Expires:
07/28/2022

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Orange City CouncilJuly 12, 2022

Orange City Council
July 12, 2022