Agenda packet — Orange City Council, November 15, 2022 (part 2 of 7)

CITY OF ORANGE FS NO. 3 & NO.5 ADDITION (SP-4225)
www.gparchitects.org

TABLE OF CONTENTS
RFP FIRE STATION NO. 3 & 5 - CITY PROJECT SP-4225
Cover Letter
Table of Contents
Project Team Organization and Key Personnel
Relevant Experience
Project Understanding
Work Progress Activity Schedule
Insurance Coverage
Cost Proposal (Separate Enclosed Envelop)
00 01
02 07
08 09
16 See Envelope
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CITY OF ORANGE FS NO. 3 & NO.5 ADDITION (SP-4225)
www.gparchitects.org RFP FIRE STATION NO. 3 & 5 - CITY PROJECT SP-4225 Jack Panichapan, CEO/Principal
Gillis and Panichapan Architects, Inc.

Jack Panichapan will be the project manager and the main point of contact and coordinator throughout the entire project for the City. He will coordinate and track of all processes with the client and sub-consultants.
• Jack Panichapan, 19 years with GPa, 29 years of experience • Bachelor and Master in Architecture, Iowa State University • Professional Architect, CA #29344, LEED Accredited Professional • Professional Architect, IL 001-018109
Kent Klueter, Project Architect
Gillis and Panichapan Architects, Inc.

As project architect, Kent will develop working drawings, coordinating with engineering consultants, producing of construction documents, bidding process, construction administration, as well as coordinating with building department.
• Kent Klueter, 27 years with GPa, 31 years of experience • Bachelor in Architecture, California Polytechnic State University, San Luis Obispo • Professional Architect, CA #25189, LEED Accredited Professional Vic Nguyen, Design Director
Gillis and Panichapan Architects, Inc.

Mr. Nguyen is responsible for design presentation and quality control. With graphic, 3-D modeling and BIM expertise, he can assure quality project team coordination in every step of the design process. Moreover, he is in charge of project approvals at all stages from planning to building entitlement.
• Vic Nguyen, 12 years with GPa, 22 years of experience • Bachelor in Architecture, University of Arizona
• Professional Architect, CA #30250, LEED Accredited Professional

QUALIFICATIONS- PERSONNEL

QUALIFICATIONS- PERSONNEL
Gillis+ Panichapan Architects (GPa)
We are a full-service Architecture, Planning, and Interior Design Firm centrally based in Costa Mesa, California; our company employs five full time employees. We provide full services, from architectural design, interior design, space planning all the way through construction administration and move management services. We have decades of experience in design and planning for Civic, Municipal, and Essential Service Facilities. Our company was founded in 1989 by Donald Gillis as Gillis and Associates Architects, Inc. In 2008, our name changed to Gillis + Panichapan Architects, Inc. GPa is a S-corporation.

Contact:

Gillis + Panichapan Architects, Inc.
2900 Bristol Street, Suite G-205
Costa Mesa, 92626
Tel. 714.668.4260
Fax. 714.668.4265
The Team:

The services provided for your project will be managed directly by the Principal, Jack Panichapan of Gillis + Panichapan Architects (GPa). He will be the single point of contact with the Client and will manage incoming documents, document all project meetings, coordinate issues as they arise, and handle discrepancies to ensure accuracy in the delivery of your project. The engineer team we have proposed have worked with us for many years and share a close working relationship. The chosen members for the team proposed to furnish services for your projects will be assembled as follows:
(Percentage Availability: 75%)
(Percentage Availability: 100%)
(Percentage Availability: 100%)
199
Monita Verma P.E., LEED AP, Mechanical, Electrical, and Plumbing Engineer: H2S Engineers Inc.

Years of Collaboration: 10
H2S specializes on electrical and mechanical, as well as managing the whole picture of the project. They design and consult on HVAC, electrical and plumbing system design. Their duties include the specification and optimization of cost effective HVAC, electrical and plumbing solutions. H2S is also responsible for the calculation and verification of energy compliance with the State Energy Code.

Relevant Recent Projects with GPa:
• City of Buena Park – Ehlers Community Center
• UC Irvine Health – On-Call A/E Services
• OCFA Building Addition and Retofits
John Wang , P.E., PLS, QSD: TriTech Civil Engineers
Professional Engineer, CA, 34277
Years of Collaboration: 5
IDS Civil Engineers specializes in Civil Engineering, Land Surveying, and Public Works and site development. His depth of experience includes site planning and development, entitlement procurement, tenant improvements, ADA site improvements, construction documents, value engineering, construction administration and project management.

Relevant Recent Projects with GPa:
• SAWPA – Lobby and Parking lot ADA Retrofits
• East Orange County Water District – Headquarters Facility • Temecula Fire Station 84
Hashimi Quazi, Ph.D., P.E., G.E, Principal / Project Manager: Converse Consultants Civil Engineer, CA 46651
Years of Experience: 26
Converse Consultants personnel excels in providing geotechnical engineering services and has earned a reputation for quality work provided in an honest and ethical manner, on time and on budget. Conserve Consultant provides quality control, budget oversight, and technical assistance on various types of projects, including pipelines, wastewater treatment plants, reservoirs, and other related studies.

Relevant Recent Projects with GPa:
• Mojave Water Agency, New Agency Headquarters Facility, Town of Apple Valley, CA (LEED Gold) • City of Westminster – Maintenance Corporate Yard and Police Department Training Facility • City of San Gabriel- Municipal Yard Facility
Richard Suzuki, P.E., S.E. Structural Engineer: Dale Christian Structural Engineer (DCSE) Years of Collaboration: 17
DCSE Structural Engineers are involve with us on the project from the conceptual design all the way though construction by performing site visits during construction as well as the review of various structural submittals. DCSE’s team experienced in all phases of structural engineering and design analysis for different types of structures including mixed-use multi story facility, retail buildings, tilt-up industrial buildings, restaurants, police and fire stations, steel office building and subterranean parking structures.

Relevant Recent Projects with GPa:
• UC Irvine Health – On-Call A/E Services
• City of San Gabriel – Municipal Yard Facility
• City of Westminster – Maintenance Corporate Yard and Police Department Training Facility

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CITY OF ORANGE FS NO. 3 & NO.5 ADDITION (SP-4225)
www.gparchitects.org RFP FIRE STATION NO. 3 & 5 - CITY PROJECT SP-4225

QUALIFICATIONS- PERSONNEL
(Percentage Availability: 100%)
(Percentage Availability: 100%)
(Percentage Availability: 100%)
(Percentage Availability: NA)
200
San Gabriel Municipal Yard
City of San Gabriel
CLIENT REFERENCE:

Patricia “Patty” Pena
Management Analyst
(626) 308-2825
[email protected]
DESCRIPTION:

The City of San Gabriel had acquired a challenging narrow

3.5-acre site bifurcated by a flood control channel for its new maintenance facility containing the City’s Maintenance Division, Engineering, and Administration Staff. It was our objective to provide an environmentally and energy efficient building to the City of San Gabriel that blends in, as well as enhances the surrounding community. A portion of the building also serves as an essential facility. Building and site improvements were located on the east side of the wash.

The other sides of the site are primarily bordered by large industrial tilt-up facilities on the east, north, and across the Rubio wash to the west. There is a small cluster of homes isolated on the southeast section of the site, with the homes sharing the property line with the site.

The Municipal Yards Facility artfully blends in the contextual juxtaposition of single-family residential versus industrial facilities using a CMU as the primarily façade material to transition the two zones. The buildings blend the larger concrete warehouses with the residential scale more
gradually. The facility uses a series of subtle patterned CMU walls throughout the main facades. The colored CMU used provides a warmth and scale for residential context while fitting in with the larger tilt-up industrial buildings on the other side. A secondary goal with the use of CMU was to provide visual and acoustic mitigation between the industrial and residential zones.

With the narrow site, the durability of the walls offers good resistance to the maintenance facility high volume
activities and traffic around on the very narrow site. The facility considers sustainable design features such as native plantings, recycled materials, and north-south fenestration orientation for energy efficiency.

CONTRACT VALUE: $750,000
CONSTRUCTION BUDGET: $10,000,000
DATES OF SERVICE: 2016

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www.gparchitects.org RFP FIRE STATION NO. 3 & 5 - CITY PROJECT SP-4225 CITY OF ORANGE FS NO. 3 & NO.5 ADDITION (SP-4225) WORK EXPERIENCE RFP FIRE STATION NO.3 AND NO.5
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CITY OF ORANGE FS NO. 3 & NO.5 ADDITION (SP-4225)
www.gparchitects.org RFP FIRE STATION NO. 3 & 5 - CITY PROJECT SP-4225

WESTMINSTER CORPORATION YARD
City of Westminster
DESCRIPTION:

The existing city maintenance yard facility built in
the early 1960s, is overcrowded, inefficient, and no
longer sufficient to implement the city’s needs as a
maintenance facility. GPa was obtained to update
and expand the current facility. The new corporate
yard includes a new administration building, canopy,
fuel station, and warehouse facilities. The renovation
and addition takes place within the existing site of the city’s current municipal facility along with an adjacent building the city has obtained for a police training
facility requiring renovation. Another building housing the Boys and Girls Club was also renovated as a part
of this project.

One of the challenges of this project was that the
facility is required to be operational during the course of renovation. GPa worked with the city for a phasing
plan to relocate staff and keep it operational during
the course of construction. The new building contains
notable sustainable features and reflects the residential scale of the surrounding residential neighborhood.

GPa completed the space planning and furniture
procurement for the both the corporate yard and the
police training facility. We also provided code updated retrofits for the Boys and Girls Club.

CONTRACT VALUE: $448,000
CONSTRUCTION BUDGET: $10,500,000
DATES OF SERVICE: 2016
CLIENT REFERENCE:

Dustin Alamo
Senior Vice President
(949) 497-9000
[email protected]

WORK EXPERIENCE
RFP FIRE STATION NO.3 AND NO.5
CITY OF ORANGE FS NO. 3 & NO.5 ADDITION (SP-4225)
202
GRIP- Advanced Water Treatment Facility
WRD- Water Replenishment District of Southern California CLIENT REFERENCE:

Charlene King
Associate Engineer
562-275-4252
[email protected]
DESCRIPTION:

WRD is developing an advanced reclaimed water treatment campus ($100 million construction cost) that includes an approximately 45,000sf treatment plant process building and an approx. 24,150sf two story Administration and Visitors Building.

During the course of development, GPa developed the
general architectural aesthetic of the buildings and site landscape concepts and theme through several phases of
public outreach input with the surrounding community. The goal was to have a building and a campus that facilitated a welcome connection to the community.

The Design was developed through stages of Design-Build with an architectural philosophy which is consistent with the theme and character that has been established by WRD
in terms of outdoor connections, views, and transparency.

We worked interactively with WRD in order to ensure that the implementation of the final design aligns with the established budget, needs, and goals for the architecture of new facility.

Throughout the development of the project this can be
implemented with workshops. The facility achieved LEED
Platinum.

CONTRACT VALUE: $875,000 (Architecture only)
CONSTRUCTION BUDGET: $100,000,000
DATES OF SERVICE: 2019

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www.gparchitects.org RFP FIRE STATION NO. 3 & 5 - CITY PROJECT SP-4225

WORK EXPERIENCE
RFP FIRE STATION NO.3 AND NO.5
CITY OF ORANGE FS NO. 3 & NO.5 ADDITION (SP-4225)
203
Yucca Valley Branch Library
Town of Yucca Valley
DESCRIPTION:

It has been approximately ten years since a needs
assessment was completed and there have been
potentially organizational and infrastructural changes
over the years that require the Town Master Plan Study
to be re-assessed and revised.

GPa had assisted the Town of Yucca Valley to develop
a report to determine a compatible new program
to occupy the infrastructure of the existing mid-20th
century bank facility located at 57271 Twenty-nine
Palms Highway Yucca Valley, CA 92284. Programming
and architectural/ engineering assessments of the
existing building were provided in this report. GPa
provided the Town of Yucca Valley with three separate
schemes: community library, combination hi-desert
museum and California welcome center, and hidesert museum. With three separate programs and conceptual plans developed, it was determined
that the County library program would be the most
optimal fit. A conceptual plan of renovation of the
bank were developed to depict its library use as one of three schemes. Recently, GPa completed performing
the next stages of design services (schematic
design through construction administration) for the
Architectural and Engineering for the renovation of the former Bank Building into the County Library.

CONTRACT VALUE: $331,000
CONSTRUCTION BUDGET: $2,500,000
DATES OF SERVICE: 2020
CLIENT REFERENCE:

Shane R. Stueckle
Deputy Town Manager
760-369-1265 ext. 305
[email protected]

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www.gparchitects.org RFP FIRE STATION NO. 3 & 5 - CITY PROJECT SP-4225 RFP FIRE STATION NO.3 AND NO.5 CITY OF ORANGE FS NO. 3 & NO.5 ADDITION (SP-4225) WORK EXPERIENCE 204

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CITY OF ORANGE FS NO. 3 & NO.5 ADDITION (SP-4225)
www.gparchitects.org RFP FIRE STATION NO. 3 & 5 - CITY PROJECT SP-4225 CLIENT REFERENCE:

Julie Samaniego
Construction Project Manager
Orange County Fire Authority
Office: 714.573.6480 | Mobile: 949.697.4593
[email protected]

WORK EXPERIENCE
Municipal | On-Call
Project Size: Varies
Start & Completion Date: 2019 - Current
www.gparchitects.org
Key Personnel:

Jack Panichapan – Mr. Panichapan acted as the
Principal in Charge and was responsible for the
interior design of this tenant improvement project
which also included furnishing.

Kent Klueter – Mr. Klueter was the Project Architect
and was in charge of the construction documents
and construction administration for the project which
also included coordinating documents between all
the disciplines.

Vic Nguyen – Mr. Nguyen was the Project Architect
and was in charge of the design, rendering,
entitlements, construction documents and
construction administration for the project which also
included coordinating documents between all the
disciplines.

Project Description:

GPa is the on-call consulting architect with OCFA providing interior design, architecture, planning, and cost analysis services. GPa works closely with the team at OCFA to design and manage projects that meet the standards of OCFA and the California Building Code. GPa has completed various projects throughout Southern California including Building Additions, ADA upgrades, and interior and exterior renovations.
• YORBA LINDA
• FS#53, FS#32
• SILVERADO
• FS #14, FS #16
• WESTMINSTER
• FS#25

PROJECT LOCATIONS
ORANGE COUNTY FIRE AUTHORITY - On Call Services
RFP FIRE STATION NO.3 AND NO.5
205

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CITY OF ORANGE FS NO. 3 & NO.5 ADDITION (SP-4225)
www.gparchitects.org RFP FIRE STATION NO. 3 & 5 - CITY PROJECT SP-4225 CLIENT REFERENCE:

Souri Amirani, P.E.,
Deputy City Engineer
Public Works Agency
20 Civic Center Plaza, Santa Ana, CA 92702
Phone: (714)648-5640

WORK EXPERIENCE
nta Ana
a Ana Fire Stations No. 2,3,4,5,7,8, & 10
Key Personnel:

Jack Panichapan- Mr. Panichapan acted as the
Principal in Charge and was responsible for the
design of this project.

Kent Klueter was the Project Architect and was
in charge of the construction documents and
construction administration for the project which
also included coordinating documents between
all discplines.

Vic Nguyen- Mr. Nguyen was the Project Architect
and was in charge of the design, rendering,
entitlements, construction documents and
construction administration for the project which
also included coordinating documents between
all the disciplines.
ce:

Souri Amirani, P.E.,
City Engineer
orks Agency
Center Plaza M-36
988, Santa Ana, CA
714)648-5640
Project Description:

The Santa Ana Fire Department requested
improvements to their existing seven out of
ten fire stations inorder to accommodate
their future needs. This included updating the
buildings to current code standards of ADA
compliance, and retrofitting the buildings
to accomodate a larger staff that includes
female fire fighters. GOa’s scope of work
included generating of a need assessment
analysis, developing a Statement of Probable
Costs, and proposing a conceptual plan for
each fire station. The study was completed
in 2007. In 2008, the city obtained GPa to
develop and oversee the renovation of fire
station #5 based on their studies. Fire Station
#5 was completed on time and on budget.

The remaining fire station are awaiting funds
before further development continues.
ta Ana, California
City of Santa Ana
Santa Ana Fire Stations No. 2,3,4,5,7,8, & 10
Key Personnel:

Jack Panichapan- Mr. Panichapan acted as the
Principal in Charge and was responsible for the
design of this project.

Reference:

Contact: Souri Amirani, P.E.,
Deputy City Engineer
Public Works Agency
20 Civic Center Plaza M-36
P.O. Box 1988, Santa Ana, CA
92702
Phone: (714)648-5640
Project Description:

The remaining fire station are awaiting funds
before further development continues.

Project Size: Varies
Completion Date: 2010
Address: Santa Ana, California
floor plans
www.gparchitects.org www.gparchitects.org
entitlements, construction documents and
construction administration for the project which
also included coordinating documents between
all the disciplines.
in 2007. In 2008, the city obtained GPa to
develop and oversee the renovation of fire
station #5 based on their studies. Fire Station
#5 was completed on time and on budget.

The remaining fire station are awaiting funds
before further development continues.

Project Size: Varies
Completion Date: 2010
Total Cost of Completed Project: Varies
floor plans
Municipal | Fire Station
RFP FIRE STATION NO.3 AND NO.5
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www.gparchitects.org RFP FIRE STATION NO. 3 & 5 - CITY PROJECT SP-4225 CITY OF ORANGE FS NO. 3 & NO.5 ADDITION (SP-4225) PROJECT UNDERSTANDING

PROJECT APPROACH
City of Orange Fire Station No.3 and No.5 Building Addition 2900 bristol street G-205| costa mesa, california 92626 | P. 714.668.4260 F. 714.668.4265 | www.gparchitects.org

PROJECT UNDERSTANDING
Gillis+ Panichapan Architects Inc (GPa) offers the following is a description of services that endeavors to optimally align and complement with the RFP scope description provided by the RFP for Fire Station No 3 (1910 N Shaeffer St.) and Fire Station No.5 (1345 W. Maple Ave).

GPa is pleased for the opportunity to provide architectural and engineering services involving for the renovation and addition to Fire Station No 3 and Fire Station No.5. Both projects will be completed as separate projects and would be completed on separate schedules. Design services and final construction document approval shall be phased so that the building addition of Fire Station No. 5 is awarded for construction in fiscal year 2022- 2023 and the building addition of Fire Station No. 3 is awarded for construction in fiscal year 2023-2024.

General scope of design includes the following:

1. Fire Station No.5 (1345 W. Maple Ave): To be developed 2022-2023 Fire Station No. 5 was built in 1965 and did not account for the space needed to store and utilize exercise equipment. The exercise equipment is currently housed on the apparatus bay oor of Station 5, which severely limits the ability to park emergency apparatus inside the structure. The existing re station will remain unchanged.
o New exterior structural addition of wellness room/gym space approx. 20’x 35’ in size o New gym to have its own separate entrance and independent HVAC system o Provide a new canopy structure off the gym to provide shade and weather protection between existing adjacent building entry and gym access.

2. Fire Station No 3 (1910 N Shaeffer St.) To be developed 2023-2024 Fire Station No. 3 was built in 1962 (renovated in 1997) and currently has a barn and concrete masonry building that are located in the rear parking lot of the property. o Demo existing barn and concrete masonry building that are located in the rear parking lot of the property
o Provide new building (~3,700sf) that will include additional space for apparatus storage, a workshop, laundry room, and a room for medical and disaster supplies. o The solar paneling will be salvaged and relocated to the new building/ existing front building.
o The existing fire station will remain unchanged.

The new Fire Department building additions will be considered an Essential Services Facility Normal use of the existing buildings should be maintained during construction.

General Scope of Project would include
• GPa’s team of consultants involved for this project would include Civil, Structural, and MEP and Geotechnical Engineers.
• Geotechnical Services shall be completed initially for both Sites. • Provide design services from site and building planning, demolition and addition, electrical, mechanical, ADA compliance necessary to publicly bid construction plans & specifications. • Conceptual and space planning with 3-D sketch renderings. • Improvements to be reviewed by City of Orange’s Building & Safety Department for building permit
• Provide construction cost Rough Order of Magnitude (ROM) 207

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www.gparchitects.org RFP FIRE STATION NO. 3 & 5 - CITY PROJECT SP-4225

1. Topographic Survey using city's Bench Mark for the fire station site including 1’ contour lines and spot elevations throughout the lot as well as street elevations along the street frontage, existing building footprints and finish floor elevations, existing parking and walkways around the existing building, existing landscaping and curb and gutter, etc

2. Preparation Final Grading and Drainage Plan in accordance with City’s grading requirements for the City’s review and approval including proposed and existing topography; finish surface, finish grade, flow lines, drainage devices, including grading and drainage for parking, coordinate with Architectural and Landscape design with grading and drainage design.

3. Preparation of the Erosion Sediment Control Plan and confirm with NPDES standards and incorporate the appropriate Best Management Practices (BMP’s)

4. Preparation of the Final Hydrology and Hydraulic calculation to study existing and proposed site hydrology and hydraulic calculations to design the size of all drainage devices.

Fire Station No.5 (1345 W. Maple Ave) Civil Scope provided:

1. Topographic Survey using city's Bench Mark for partial of the fire station site for the work area, including 1’ contour lines and spot elevations throughout the lot as well as street elevations along the street frontage, existing building footprints and finish floor elevations, existing parking and walkways around the existing building.

2. Preparation Drainage Plan in accordance with City’s grading requirements for the City’s review and approval including proposed and existing topography; finish surface, finish grade, flow lines, drainage devices, including grading and drainage for parking, coordinate with Architectural and Landscape design with grading and drainage design

SCOPE OF WORK AND DELIVERABLES
The following on the general steps that would apply to both

1. Information Gathering and Conceptual Design
Coordination for information gathering
 Conduct site visits and tour the building and site as necessary.  Measure and survey verification of facility for developing background drawings.  Verify code compliance of the potential design with applicable rules, regulations, codes, orders and/or laws applicable to and/or affecting the Project.  Verify program needed for apparatus storage, a workshop, laundry room, and a room for medical and disaster supplies and gym/ wellness room.
 Assess impacts of County Fire Station Design Standards Document to the renovation.  Project schedule/critical path/major decision thresholds  Geotechnical Investigation: provide for the geotechnical needs as needed for design of the facility with a report of soil assessment and recommendations Design
With the program is confirmed, two alternative conceptual plans would be developed. We would provide (2) Concept Floor Plan and Demo plan options including conceptual exterior conceptual renderings of proposed design to depict how the additions would impact the massing and aesthetic of the existing building:

CITY OF ORANGE FS NO. 3 & NO.5 ADDITION (SP-4225) PROJECT UNDERSTANDING 208

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www.gparchitects.org RFP FIRE STATION NO. 3 & 5 - CITY PROJECT SP-4225

PROJECT APPROACH
City of Orange Fire Station No.3 and No.5 Building Addition 2900 bristol street G-205| costa mesa, california 92626 | P. 714.668.4260 F. 714.668.4265 | www.gparchitects.org  With each Concept Plan described above, the we would provide up to two (2) alternative concept renderings of the changes being proposed to the exterior façade.  We would review with the City team to determine the chosen concept moving forward into design development.

2. Design Development, Construction Documents, and Specifications  Based on the finalized conceptual design scheme, GPa would progress the project through Design Development. This can include developing the layout and look of the façade and the interior layout.

Coordinate with City to determine fixtures, color, material, and finishes of the proposed spaces.  Develop construction documents for the renovation for City plan check and bidding. This also includes Civil, Landscape, Structural, Mechanical and Electrical Design/Documentation services consisting of preparation of final calculations, drawings and technical specifications based on approved documents as required for bidding and construction. (Please refer to attached consultant proposals) o 30% CD (Design Development Stage)
o 60% CD Review
o 95% CD Review (Building Dept coordination)
 Determine structural system needed to achieve requested additions to the building. Assume a similar structural system as existing.
 Evaluate the HVAC and electrical modifications required to facilitate the new design. Provide lowvoltage coordination with City. (No security infrastructure will be needed for existing room. Existing network connections to remain). Modifications required structural reinforcements of the system should it be required, along with Fire Alarm will be provided by City.  Civil Engineering- provide grading plan to accommodate the additions  Provide a Statement of Probable Cost at 60%, and 100% stages of construction documents along with a construction duration estimate.

3. Coordination with Entitlement/ Plan Check
Develop plans for Building Department submission, coordination, review, and approval.

Submit plans to City Plan Check** Coordination and revisions to attain plan check approval with required jurisdictions and req. authorities.
 GPa will assist with obtaining required permits review and approval as required by the City Building Dept.
 Includes meetings and Revisions from input from the City after the initial submittal. (Entitlement excludes Building Department or Plan check Submittal Fees, or any other 3rd party fees. City Business license fee will be included) The plans will be focused on the work from the scope here-in described for the project. Any code accessibility upgrades required by the City to alter the existing facility or site parking outside of the immediate area of work would not be included in this scope of work.
 Provide Project Management to coordinate City Requirements with engineer sub-consultant’s information
CITY OF ORANGE FS NO. 3 & NO.5 ADDITION (SP-4225) PROJECT UNDERSTANDING 209

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www.gparchitects.org RFP FIRE STATION NO. 3 & 5 - CITY PROJECT SP-4225

PROJECT APPROACH
City of Orange Fire Station No.3 and No.5 Building Addition 2900 bristol street G-205| costa mesa, california 92626 | P. 714.668.4260 F. 714.668.4265 | www.gparchitects.org

4. Bidding Phase Tasks
During the bidding stage we would provide the following tasks:
 Compilation of Construction Set: Construction Documents and Technical Specifications only.

Prepare Conformed Set of construction Contract Documents  Participate in Pre-Bid Job Walk
 Respond to bidders’ questions.
 Revise documents and prepare bid document addendum(s).

5. Construction Phase Tasks
During the construction administration we would provide the following tasks:
 Response to RFIs
 Review submittals/ shop drawing
 Attend site meetings during the construction: Perform site visits and observation.  Participation in Bi-weekly construction progress meetings via teleconference  Participate in the creation of punch list
 Prepare as-built drawings. Assist the City as required to create the Conformed Construction Record drawing set.

The above quoted schedule and fee is based upon the scope of work outlined above. Additional services, including additional spaces or building facilities, or additions to the base scope of work, etc. will be considered out of scope services. Out of scope services are not included in our not to exceed proposal fee and will be billed on an hourly basis at the rates quoted in this proposal.

Additional services outside the Scope of Work agreed upon shall not be performed without the authorization of the City. We have tailored our scope and subsequent fee proposal to accommodate the scope of work, realizing that there is latitude in both parameters to be discussed during the contract negotiation.

CITY OF ORANGE FS NO. 3 & NO.5 ADDITION (SP-4225) PROJECT UNDERSTANDING 210

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www.gparchitects.org RFP FIRE STATION NO. 3 & 5 - CITY PROJECT SP-4225 CITY OF ORANGE FS NO. 3 & NO.5 ADDITION (SP-4225) PRELIMINARY SCHEDULE Fire Station No 5: Wellness Addition
Preliminary Anticipated Schedule
Design Development scheduled completion Project start November 21, 2022 TASKS Anticipated Duration - Completion
TASK 1: Inventory and Analysis 2 weeks- 12/14/22
Coordination with Engineering, and City team to kick off and set up. Review and assess information and feasibility and methodology of design. Geotech
TASK 2: Design Development, Construction Documents, and Specifications 30% Construction Documents (5-week total)
30 Percent Design Drawings milestone 2 weeks**-1/09/22
(City review and input period) 1 week-1/16/23
60% Construction Documents (6-week total)
60 Percent Design Drawings milestone 4 weeks**-2/13/23
(City review and input period) 1 week-2/20/23
95% Construction Documents (2-week total)
95 Percent Design Drawings ready for plan check 2 weeks – 3/6/23 - City can review and provide input during Plan Check period for supplemental changes TASK 3: Plan Check Coordination
Anticipated Plan Check Approval* 4-6 weeks* – 4/10/23
-Includes coordination and Revision with Plan Check
Task 4 100% Contract Drawings (Bid Set) 4 weeks- April 2023 - Plan check and Final City comments implemented into bid set TASK 5: Bid Award completed Anticipated June 2023
TASK 6: Construction Services Anticipated to begin August 2023- with estimated full completion date of April 2024)
**Consideration of Holidays factored into schedule (Schedule falls within Thanksgiving Breaks, and Christmas Holidays. GPa offices will be closed for the Holidays (Refer to Appendix for Gant Chart of Schedule )
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www.gparchitects.org RFP FIRE STATION NO. 3 & 5 - CITY PROJECT SP-4225 Fire Station No 3: Multipurpose Building
Preliminary Anticipated Schedule
Design Development scheduled completion Project start Sometime in early 2023 (January 2023) TASKS Anticipated Duration - Completion
TASK 1: Inventory and Analysis 6 weeks- 2/27/23
Coordination with Engineering, and City team to kick off and set up. Review and assess information and feasibility and methodology of design. Geotech and Civil Engineering.

TASK 2: Design Development, Construction Documents, and Specifications 30% Construction Documents (5-week total)
30 Percent Design Drawings milestone 4 weeks-3/27/23
(City review and input period) 2 weeks-4/15/23
60% Construction Documents (6-week total)
60 Percent Design Drawings milestone 4 weeks**-5/19/23
(City review and input period) 2 weeks-6/2/23
95% Construction Documents (3-week total)
95 Percent Design Drawings ready for plan check 4 weeks – 7/7/23 - City can review and provide input during Plan Check period for supplemental changes TASK 3: Plan Check Coordination
Anticipated Plan Check Approval* 4-6 weeks* – 8/11/23
-Includes coordination and Revision with Plan Check
Task 4 100% Contract Drawings (Bid Set) 4 weeks- August 2023 - Plan check and Final City comments implemented into bid set TASK 5: Bid Award completed Anticipated November 2023
TASK 6: Construction Services Anticipated to begin December 2023- with estimated full completion date of August 2024)
CITY OF ORANGE FS NO. 3 & NO.5 ADDITION (SP-4225) PRELIMINARY SCHEDULE (Refer to Appendix for Gant Chart of Schedule )
212

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www.gparchitects.org RFP FIRE STATION NO. 3 & 5 - CITY PROJECT SP-4225 CITY OF ORANGE FS NO. 3 & NO.5 ADDITION (SP-4225) Insurance Coverage Gillis + Panichapan Architects meets insurance requirements as outlined in supplied insurance checklist. Our liability insurance companies are admitted to conduct insurance business along the lines of insurance supplied in the State of California and has a Best’s Guide rating of Grade A or better and class VII or better by the latest edition of Best’s Key Rating Guide. 213
www.gparchitects.org RFP FIRE STATION NO. 3 & 5 - CITY PROJECT SP-4225 CITY OF ORANGE FS NO. 3 & NO.5 ADDITION (SP-4225) APPENDIX

APPENDIX
• CPM ACTIVITY SCHEDULE
• ADDITIONAL RESUMES
214
Experience:

Years of Experience: 28
Years with GPa: 18
Registration:

Professional Architect, CA,
29344
Professional Architect, IL,
001-018109
LEED Accredited
Professional
CA DSW Volunteer,
#89402 Cal OES- Safety
Assessment Program
Education:

M. Arch, 1997,
Architecture, Iowa State
University
B. Arch, 1996,
Architecture, Iowa State
University
Professional Affiliations:

American Institute of
Architects
National Council of
Architecture Registration
Board
• Dedicated to
assigned project
from initiation through
completion.

Jack Panichapan, AIA, NCARB, LEED ® AP
CEO/Principal
Role in the Project:

As the Principal, and Project Director, he is committed to managing incoming documents, coordinating consultants and handling discrepancies to ensure accuracy in the delivery of the project personally for every client.

Experience with the requirement and tasks:

Mr. Panichapan has nearly thirty years of experience, ranging from new buildings, renovation, and interior design, to complete city campus master planning. Throughout his career, he has extensive experience in the needs assessment, site survey and ADA analysis in various type of building, such as municipal, water district, corporate yard, health care facilities, and schools.

Relevant Experience:
 City of Corona – Fire Department Training Facility
 Mojave Water Agency – Need Assessment, New Agency Headquarters Facility, and Central Operation Center
 Moulton Niguel Water District – Need Assessment on Administration Building  City of Westminster – Corporate Yard and Police Department, Needs Assessment and Site Planning
 City of San Gabriel – Municipal Yard Facility
 Rancho Cielo Fire Station No. 5, Rancho Santa Fe, California  City of Fairfield – Police Training Facility and Indoor Firing Range  City of Fullerton – Public Facilities and CNG Station  City of Santa Ana – Jerome Center, Tenant Improvement  City of Santa Ana – Santa Ana, California (Multiple projects including Fire Station and Community Center Remodel)
 Southern California Edison – On-Call A/E Services
 City of Long Beach – On-Call A/E Services
 Inland Empire Utilities Agency – On-Call A/E Services  City of Anaheim – Linda Vista Reservoir and Pump Station  City of Rancho Bernardo – Rancho Bernardo Fire Station, Training Facility

APPENDIX- RESUMES
215
Experience:

Years of Experience: 30
Years with GPa: 26
Registration:

Professional Architect, CA,
25189
LEED Accredited
Professional
Education:

B. Arch, 1990,
Architecture, California
Polytechnic State
University, San Luis Obispo
Professional Affiliations:

American Institute of
Architects
National Council of
Architecture Registration
Board
• Dedicated to
assigned project
from initiation through
completion.

Kent Klueter, AIA, LEED ® AP
Project Architect
Role in the Project:

Mr. Klueter is experienced in project coordination and management including developing working drawings, coordinating with engineering consultants, coordinating production of construction documents and building department, administration of the bidding process, ADA compliance, building code requirement, specification, and construction administration.

Experience with the requirement and tasks:

With 30 years of experiences, and 26 years with GPA, Mr. Klueter has been working with varies types of project, such as municipal, water district, police facility, corporate yard, pump station, maintenance facility, civic facilities and training center (dispatch centers and essential facility).

Relevant Experience:
 Mojave Water Agency – Need Assessment, New Agency Headquarters Facility,  Moulton Niguel Water District – Need Assessment on Administration Building, Moulton Niguel, CA
 University of California, Irvine, Health – On-Call A/E Services  Southern California Edison – On-Call A/E Services
 City of Long Beach – On-Call A/E Services
 Inland Empire Utilities Agency – On-Call A/E Services  Water Replenishment District of Southern California – Administration Needs Assessment and Tenant Improvement, Long Beach, CA
 City of Long Beach – Municipal Urban Stormwater Treatment Facility  Southern California Edison – GO-1 Tenant Improvement  Mojave Water Agency – Need Assessment, Central Operation Facility, Apple Valley, CA
 Water Replenishment District of Southern California – Administration Needs Assessment and Tenant Improvement, Long Beach, CA
 Water Replenishment District of Southern California – Advanced Water Treatment Facility- GRIP Pico Rivera, CA
 Bellflower Somerset Mutual Water Company – Leahy Avenue Water Well Facility  City of Anaheim – Linda Vista Reservoir and Pump Station  City of Riverside – Pyrite Canyon Water Treatment Facility

APPENDIX- RESUMES
216
Experience:

Years of Experience: 21
Years with GPa: 11
Registration:

Registered Architect, CA,
C-30250
LEED Accredited
Professional
Education:

B. Arch. 2000
Architecture,
University of Arizona
Professional Affiliations:

American Institute of
Architects
National Council of
Architecture Registration
Board
USGBC Orange County
• Dedicated to
assigned project
from initiation through
completion.

Vic Nguyen, AIA, LEED ® AP
Design Director/Project Manager
Role in the Project:

Experience with the requirement and tasks:

Mr. Nguyen has over twenty years of experience, ranging from development of complex mixed use, civic, and transportation oriented projects, to highly detailed interiors of residential, retail, health care, and office environments. He has a wealth of experience working with cities and the community directly to attain consensus for a project design.

Relevant Experience:
 City of Oceanside –Pure Water Treatment Facility
 University of California, Irvine, Health – On-Call A/E Services  Southern California Edison – On-Call A/E Services
 City of Long Beach – On-Call A/E Services
 Inland Empire Utilities Agency – On-Call A/E Services  Water Replenishment District of Southern California – Administration Needs Assessment and Tenant Improvement, Long Beach, CA
 City of Long Beach – Municipal Urban Stormwater Treatment Facility  Southern California Edison – GO-1 Tenant Improvement  Mojave Water Agency – Need Assessment, New Headquarter Facility, and Central Operation Facility, Apple Valley, CA
 Southern California Edison – Voluntary Seismic and ADA Upgrades  City of Oceanside – La Salina Pump Station
 Moulton Niguel Water District – Need Assessment on Administration Building, Moulton Niguel, CA
 Bellflower Somerset Mutual Water Company – Leahy Avenue Water Well Facility  City of Anaheim – Linda Vista Reservoir and Pump Station  City of Riverside – Pyrite Canyon Water Treatment Facility  Imperial Irrigation District – Needs Assessment on Multiple Department

APPENDIX- RESUMES
217
ID Task
Mode
Task Name Duration Start Finish
1 Kick-off meeting 0 days Mon 11/21/22 Mon 11/21/22
2 Task 1: Inventory and Analysis 18 days Mon 11/21/22 Wed 12/14/22 3 4 Task 2: DD & CD 63 days Thu 12/15/22 Mon 3/13/23
5 30% Construction Documents 18 days Thu 12/15/22 Mon 1/9/23 6 Submit 30% Package to City 0 days Tue 1/10/23 Tue 1/10/23 7 City review and input 5 days Tue 1/10/23 Mon 1/16/23
8 60% Construction Documents 21 days Mon 1/16/23 Mon 2/13/23 9 Submit 60% Package to City 0 days Mon 2/13/23 Mon 2/13/23 10 City review and input 5 days Mon 2/13/23 Fri 2/17/23 11 90% Construction Documents 11 days Mon 2/20/23 Mon 3/6/23 12 Submit 90% Package to City 0 days Tue 3/7/23 Tue 3/7/23 13 City review and input 5 days Tue 3/7/23 Mon 3/13/23
14 15 Task 3: Plan Check Coordination 25 days Tue 3/7/23 Mon 4/10/23 16 Submit 90% Package for Plan Check 0 days Tue 3/7/23 Tue 3/7/23 17 Plan check approval process 25 days Tue 3/7/23 Mon 4/10/23 18 19 Task 4: 100% Contract Drawings (Bid Set) 20 days Tue 4/11/23 Mon 5/8/23 20 21 Task 5: Bidding & Award 59 days Tue 5/9/23 Fri 7/28/23 22 23 Task 6: Construction Services 180 days Mon 8/7/23 Fri 4/12/24 24 Construction Conpletion 0 days Mon 4/15/24 Mon 4/15/24 11/21
1/10
2/13
3/7
3/7
4/15
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress
City of Orange
Project: Fire Station Number 5

Page 1 ends

Project: 2022-0909 Schedule-O
Date: Fri 9/9/22
218
ID Task
Mode
Task Name Duration Start Finish
1 Kick-off meeting 0 days Mon 1/9/23 Mon 1/9/23
2 Task 1: Inventory and Analysis 35 days Mon 1/9/23 Fri 2/24/23 3 4 Task 2: DD & CD 105 days Mon 2/27/23 Fri 7/21/23
5 30% Construction Documents 21 days Mon 2/27/23 Mon 3/27/23 6 Submit 30% Package to City 0 days Mon 3/27/23 Mon 3/27/23 7 City review and input 15 days Mon 3/27/23 Fri 4/14/23 8 60% Construction Documents 25 days Mon 4/17/23 Fri 5/19/23 9 Submit 60% Package to City 0 days Fri 5/19/23 Fri 5/19/23 10 City review and input 10 days Mon 5/22/23 Fri 6/2/23 11 90% Construction Documents 25 days Mon 6/5/23 Fri 7/7/23 12 Submit 90% Package to City 0 days Fri 7/7/23 Fri 7/7/23 13 City review and input 10 days Mon 7/10/23 Fri 7/21/23 14 15 Task 3: Plan Check Coordination 26 days Fri 7/7/23 Fri 8/11/23 16 Submit 90% Package for Plan Check 0 days Fri 7/7/23 Fri 7/7/23 17 Plan check approval process 26 days Fri 7/7/23 Fri 8/11/23 18 19 Task 4: 100% Contract Drawings (Bid Set) 20 days Mon 8/14/23 Fri 9/8/23 20 21 Task 5: Bidding & Award 55 days Mon 9/11/23 Fri 11/24/23 22 23 Task 6: Construction Services 180 days Mon 11/27/23 Fri 8/2/24 24 Construction Conpletion 0 days Fri 8/2/24 Fri 8/2/24 1/9
3/27
5/19
7/7
7/7
8/2
Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress
City of Orange
Project: Fire Station Number 3

Page 1 ends

Project: 2022-0909 Schedule-O
Date: Fri 9/9/22
219
Agenda Item
City Council
Item #: 3.8. 11/15/2022 File #: 22-0633
TO: Honorable Mayor and Members of the City Council
FROM: Jeffrey S. Adams, Interim Community Development Director

1. SUBJECT
Agreement with HomeAid Orange County for Permanent Local Housing Allocation funding for the Family Care Center.

2. SUMMARY
Agreement with HomeAid Orange County to provide stopgap funding for the Family Care Center with Permanent Local Housing Allocation (PLHA) funds.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $222,815 from the Building Homes & Jobs Act (312) unreserved fund balance to expenditures account number 312.6001.52611.00000 - Payment To Other Agencies-PLHA Family Care.

2. Approve the agreement with HomeAid in the amount of $222,815 for the Family Care Center operations and authorize the Mayor and City Clerk to execute on behalf of the City.

3. Authorize the City Manager to make minor language changes to the agreement, related attachments, and any documents if needed and execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $222,815 and will be funded through SB2-Building Homes & Jobs Act (312).

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 Permanent Local Housing Allocation (PLHA) program was established pursuant to the Building Homes & Jobs Act in 2017, Senate Bill 2 (SB 2) to provide funding to jurisdictions to address the need for affordable housing. On April 14, 2020, City Council authorized the City to apply for the noncompetitive PLHA funds. The City of Orange anticipates receiving $3,644,898 over five years. To date, the City has received a total of $1,551,700 for the first and second year allocation.

On February 11, 2020, in collaboration with other cities in the North Orange County Service Planning Area, the City Council approved the funding of two navigation centers to provide services to people experiencing homelessness. The PLHA funds were approved by City Council to reimburse the City’s City of Orange Page 1 of 2 Printed on 11/10/2022
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Item #: 3.8. 11/15/2022 File #: 22-0633
experiencing homelessness. The PLHA funds were approved by City Council to reimburse the City’s portion of the construction and operations of the navigation centers over the next five years. The City receives an annual bill for its share of the operational costs of the two navigation centers, in alignment with the PLHA allocation. The cost of construction and operations over the first two years amounted to $1,328,885, leaving $222,815 available to apply towards another project.

Under the approved PLHA plan, the City must use these funds towards capital and operating costs of navigation centers and emergency shelters. In August 2022, HomeAid approached the City to inquire into available funding for its Family Care Center, an emergency shelter for families experiencing homelessness in the City of Orange. The requested funding replaces operational funding that HomeAid had been relying on but that is being phased out. The $222,815 will provide stopgap funding for the Family Care Center while HomeAid identifies and secures new sources of permanent funding for its operations.

The Family Care Center offers flexible sleeping areas for up to 16 families each night and offers breakfast, lunch, dinner, as well as services such as showers, laundry, tutoring, assistance with homework, and access to computers for students. Since its inception in 2017, the Family Care Center has given priority to assisting Orange families before helping families from neighboring cities.

Staff recommends using the balance of the PLHA funds available to fund the Family Care Center, an eligible expense under the PLHA approved plan. The funding will go to assist with operations of the shelter to keep it safe and healthy for the families utilizing the services.

7. ATTACHMENTS
· Agreement with HomeAid Orange County
City of Orange Page 2 of 2 Printed on 11/10/2022
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Agenda Item
City Council
Item #: 3.8. 11/15/2022 File #: 22-0633
TO: Honorable Mayor and Members of the City Council
FROM: Jeffrey S. Adams, Interim Community Development Director

1. SUBJECT
Agreement with HomeAid Orange County for Permanent Local Housing Allocation funding for the Family Care Center.

2. SUMMARY
Agreement with HomeAid Orange County to provide stopgap funding for the Family Care Center with Permanent Local Housing Allocation (PLHA) funds.

3. RECOMMENDED ACTION

2. Approve the agreement with HomeAid in the amount of $222,815 for the Family Care Center operations and authorize the Mayor and City Clerk to execute on behalf of the City.

3. Authorize the City Manager to make minor language changes to the agreement, related attachments, and any documents if needed and execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $222,815 and will be funded through SB2-Building Homes & Jobs Act (312).

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.

On February 11, 2020, in collaboration with other cities in the North Orange County Service Planning Area, the City Council approved the funding of two navigation centers to provide services to people experiencing homelessness. The PLHA funds were approved by City Council to reimburse the City’s City of Orange Page 1 of 2 Printed on 11/10/2022
powered by Legistar™222
Item #: 3.8. 11/15/2022 File #: 22-0633
experiencing homelessness. The PLHA funds were approved by City Council to reimburse the City’s portion of the construction and operations of the navigation centers over the next five years. The City receives an annual bill for its share of the operational costs of the two navigation centers, in alignment with the PLHA allocation. The cost of construction and operations over the first two years amounted to $1,328,885, leaving $222,815 available to apply towards another project.

7. ATTACHMENTS
· Agreement with HomeAid Orange County
City of Orange Page 2 of 2 Printed on 11/10/2022
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Page 1 of 5 ends

PERMANENT LOCAL HOUSING ALLOCATION AGREEMENT BETWEEN

HOMEAID AND THE CITY OF ORANGE
This Permanent Local Housing Allocation Agreement (“Agreement”) is entered into this ___ day of ______________, 2022 by and between Shelter Providers of Orange County, Inc, DBA HomeAid Orange County, a California nonprofit corporation (“HomeAid”) and the City of Orange, a California municipal corporation (“Orange”).

RECITALS
A. The State of California, Department of Housing and Community Development (“Department”) is authorized to provide up to $195 million to cities and counties for assistance under the SB 2 Permanent Local Housing Allocation Program Entitlement Jurisdiction Component from the Building Homes and Jobs Trust Fund (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).

B. The Department issued Permanent Local Housing Allocation Final Guidelines (“PLHA Program Guidelines”) in October 2019.

C. The Department issued a Notice of Funding Availability (“NOFA”) dated February 26, 2020, under the Permanent Local Housing Allocation (“PLHA”). The NOFA listed Orange as an Entitlement Local Government with a PLHA funding allocation of $607,483 for Fiscal Year 2019-2020 and a total estimated five-year PLHA funding allocation of $3,644,898 for Fiscal Years 2019-2020 through 2023-2024.

D. The PLHA Program Guidelines permit eligible applicants for PLHA funds to subgrant some or all of its PLHA funds to another entity or entities. Pursuant to PLHA Program Guidelines section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering local government to whom a local government may delegate its PLHA allocation.

E. Under PLHA Program Guidelines section 301 (a)(6)(B), eligible activities include assisting persons who are experiencing or at risk of homelessness, including providing emergency shelters that operate in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC Section 8255(b)(8).

F. The City of Orange desires to subgrant the available balance of its Fiscal Year 2020 PLHA Allocation, in the amount of $222,815, to the Family Care Center, an emergency shelter for families experiencing homelessness operated by HomeAid. The eligible activity will benefit people who are experiencing or are at risk of homelessness.

THEREFORE, Orange and HomeAid agree as follows:

1. This Agreement shall constitute the legally binding Agreement between Orange and HomeAid as required under PLHA Program Guidelines.
224

Page 2 of 5 ends

2. Orange represents and warrants that:
a. It is eligible to submit the Five-year Plan (Plan) to the Department as part of a complete application in which it proposes to use allocated funds for at least one eligible Activity. The Plan will detail the way it will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI) and the Plan shall have a term of five years;
b. It has adopted a Department-compliant Housing Element, and will submit an Annual Performance Report (“APR”), as required by Government Code section 65400 for the prior year by the application deadline date, and will continue to submit its APR annually by April 1 annually for the five year term of this Agreement to ensure continued compliance; and c. It will submit a certification in an approved resolution with the PLHA application allowing some of its funds to be provided to another entity pursuant to PLHA Program Guidelines Section 300(d), and that its selection process avoided conflicts of interest and was accessible to the public. For the purposes of this paragraph, “entity” means a housing developer or program operator; “entity” does not mean an administering local government to whom a local government delegates its PLHA formula allocation.

3. HomeAid is authorized to use PLHA funds for the Family Care Center to assist families experiencing homelessness consistent with Exhibit A.

4. At all times during the term of this Agreement Orange and HomeAid shall be in compliance with PLHA Program Guidelines, including but not limited to:
a. Maintaining a Department-compliant Housing Element; and, b. Submitting to the Department by April 1 of each year a Housing Element APR as required under Government Code section 65400 on Orange’s prior year Housing Element activities.

5. During the term of this Agreement Orange shall:
a. Approve a Plan consistent with PLHA Program Guidelines; b. Annually ensure activities being undertaken with PLHA funds continue to comply with PLHA guidelines;
c. In succeeding years, obtain the approval of the Department for any amendments made to the Plan, as set forth in Section PLHA Program Guidelines section 302(c)(5); and,
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Page 3 of 5 ends

d. Submit to the Department annual PLHA year-end annual report beginning in 2023 pursuant to Health and Safety Code Section 50470 (b)(2)(B)(ii)(III) each year by July 31 for the term of the Standard Agreement.

6. Beginning no later than July 10, 2023, HomeAid shall submit annual fiscal yearend report to Orange that shall:
a. Provide a description of activities undertaken and targeted beneficiaries, number and demographics of clientele serviced, household incomes, as well as the status of reaching its activity goals annually to assist Orange in end of year report of accomplishments; and b. Maintain documentation of its records related to this Agreement and HomeAid’s use of PLHA funds, including but not limited to financial records and program files, throughout this Agreement and for a minimum of five years after this Agreement terminates.

Financial records related to this Agreement or the HomeAid’s use of PLHA funds shall be developed and maintained in accordance with generally accepted accounting principles. HomeAid shall make its records related to this Agreement and HomeAid’s use of PLHA funds accessible to the Department and Orange upon request. The rights and obligations of the parties and the Department under this subdivision shall survive the Agreement’s termination.

7. Indemnification by HomeAid.
a. HomeAid shall indemnify, hold harmless, and defend with counsel approved in writing by Orange, Orange and its officers, agents, elected and appointed officials, and employees against all liability, claims, losses, demands and actions for injury to or death of persons or damage to property arising out of or alleged to arise out of or in consequence of this Agreement including attorneys’ fees, provided such liability, claims, demands, losses or actions are due to the acts or omissions of HomeAid, its officers, agents or employees in the performance of this Agreement.
b. HomeAid shall indemnify, hold harmless, and defend with counsel approved in writing by Orange, Orange and its officers, agents, elected and appointed officials, and employees against any liability, claims, losses, demands, and actions including attorneys’ fees incurred by Orange as a result of a determination by the Department that activities undertaken by HomeAid under the Agreement failed to comply with any laws, regulations, or policies applicable thereto.
c. The rights and obligations of the parties under this paragraph shall survive the Agreement’s termination.

8. Indemnification by Orange.
a. Orange shall indemnify, hold harmless, and defend with counsel approved in writing by HomeAid, HomeAid and its officers, agents and employees against all liability, claims, losses, demands and actions for injury to or death of persons or damage to property arising out of or alleged to arise out of or in consequence of this Agreement including attorneys’ fees, 226

Page 4 of 5 ends

provided such liability, claims, demands, losses or actions are due to the acts or omissions of Orange, its officers, agents or employees in the performance of this Agreement. b. Orange shall indemnify, hold harmless, and defend with counsel approved in writing by HomeAid, HomeAid against any liability, claims, losses, demands, and actions including attorneys’ fees incurred by HomeAid as a result of a determination by the Department that activities undertaken by Orange under the Agreement failed to comply with any laws, regulations, or policies applicable thereto.
c. The rights and obligations of the parties under this paragraph shall survive the Agreement’s termination.

9. HomeAid or Orange may terminate this Agreement immediately without penalty for cause or after 30 days’ written notice without cause. Cause for the purposes of this paragraph includes, but is not limited to, any material breach of contract, any misrepresentation or fraud, or the Department’s determination Orange is no longer eligible for PLHA funds.

10. Notices or other communications which may be required or provided under the terms of this Agreement shall be given as follows:

Orange HomeAid
City of Orange HomeAid OC
300 E. Chapman Ave. 17821 17th St., Ste. 120
Orange, CA 92866 Orange, CA 92780
Attention: Jessica Herrera Attention: Gina Cunningham,
Executive Director
All notices shall be in writing and deemed effective when delivered in person or deposited in the United States mail, first class, postage prepaid and addressed as above. Notwithstanding the above, the Parties may also provide notices by facsimile transmittal, and any such notice so given shall be deemed to have been given upon receipt during normal business hours or, in the event of receipt after business hours, on the following business day. Any notices, correspondence, reports and/or statements authorized or required by this Agreement, addressed in any other fashion shall be deemed not given.

11. This Agreement may be executed in two or more counterparts, each of which shall be deemed original, but all of which together shall constitute but one and the same instrument.

Shelter Providers of Orange County, Inc., Attest:

DBA HomeAid Orange County, California
nonprofit corporation
By: By:

Name: Gina Cunningham Name:

Title: City Clerk
Date:
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Page 5 of 5 ends

City of Orange, a municipal
corporation in the State of California
By: Date:

Name: Mark A. Murphy
Title: Mayor
Attest
By: Date:

Name: Pamela Coleman
Title: City Clerk
Approved as to Form:

By: Date:

Name: Mary E. Binning
Title: Senior Assistant City Attorney
228
17821 17th Street, Suite 120
Tustin, CA 92780
EIN: 33-0568079 homeaidoc.org
October 10, 2022
City of Orange
300 E. Chapman Ave.

Orange, CA 92866
To the City of Orange,
Thank you for being such a valuable community partner to our organization. HomeAid Orange County is pleased to submit this request in support of our mission to help families experiencing homelessness.

Funding from the Permanent Local Housing Allocation will assist HomeAid with the operations at our Family CareCenter, a critically needed emergency shelter for families. These operational costs include utilities that keep the shelter safe and healthy, maintenance that preserves the building, security and staffing fees, food and toiletries, and other supplies that directly serve the families who stay at the CareCenter.

HomeAid Orange County primarily partners with nonprofit service providers and public entities who want to build housing that will assist those experiencing homelessness. Through our connections within the building industry, we assist in all steps of the housing development process, saving a minimum of 30% of market costs on each housing project. These funds we save are for the benefit of our nonprofit partners who operate the shelters, so that they can spend more of their own resources on the individuals and families that they serve. Since our founding in 1989, HomeAid has worked on the completion of 70 housing projects, which have been home to over 77,000 individuals. Today, there are 19 HomeAid affiliates in 13 different states across America working to build a future without homelessness.

Due to the high demand for housing in our community, the HomeAid model evolved to develop housing projects of our own. In July 2017, HomeAid Orange County opened the Family CareCenter, an emergency shelter that provides desperately needed short-term housing to families experiencing homelessness.

Designed to keep families together, the CareCenter is a safe and dignified place where parents can focus on rebuilding their futures and securing a more stable place to live. In the five years since opening its doors, the CareCenter has sheltered 345 families, accounting for a total of 1,363 individuals.

Human services and operations are provided by our nonprofit partner, Mercy House. Through Mercy House, all residents within the Family CareCenter have immediate access to case management and housing navigation support. 92% of all the families who have entered the CareCenter have successfully moved onto their next housing option.

The communal living space currently provides 56 beds in semi-private, flexible sleeping areas for up to 16 families each night. Every day, the CareCenter staff provides the families staying there with breakfast, lunch, and dinner. Tutoring, homework assistance, and access to computers are also available to students so that important areas of their growth are not interrupted by circumstances of crisis. Families can remain in the emergency program until they are able to secure permanent housing or matched with a longer-term housing program.
229
17821 17th Street, Suite 120
Tustin, CA 92780
EIN: 33-0568079 homeaidoc.org
The CareCenter fulfills a critical need within the Orange County community, but there is still a great demand to assist families experiencing homelessness. According to the Family Solutions Collaborative, as of August 2022, there are 203 unsheltered families in Orange County. The experience of family homelessness is extremely complex and traumatizing, as it can lead to unhealthy and overcrowded living situations and potentially separate parents from their children. Families must pay for not just the expensive of living and eating, but also health and childcare. The burden of expenses has increased over the past few years due to economic inflation following the COVID-19 pandemic. Many stable families are just one emergency away from experiencing homelessness. Even adults with well-paying jobs have been priced out of their homes and are in need of services.

Many families who apply for housing services receive vouchers for low-rent apartments, affordable housing, and motel rooms. Even though there are plenty of vouchers being handed out, there are limited spaces available, and many cannot be welcomed to a place to stay. What our community needs more than anything are safe and dignified shelters for homeless families to not only call a temporary home, but for those places to connect them with case managers to help them into stable housing situations. The Family CareCenter is one of those crucial shelters that have changed lives and will continue to do so.

Thank you for this opportunity to share the work HomeAid is doing to end homelessness in Orange County.

Your investment will make an immediate impact in our Orange County community. If you have any questions, please contact me at 949-301-9837 or by email at [email protected].

With Sincere Gratitude,
Gina Cunningham
Executive Director
230
Agenda Item
City Council
Item #: 3.9. 11/15/2022 File #: 22-0656
TO: Honorable Mayor and Members of the City Council
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Sixth Amendment to Agreement with Granicus LLC, a Minnesota Limited Liability Company, for one year of subscription renewal.

2. SUMMARY
The original Master Subscription Agreement between the City and Granicus, LLC was for a term of three years, October 2019 to November 2022. Additional scope of work added since, via amendments, includes agenda management, website hosting and design, eComments, Boards and Commissions management, and Short Term Rental monitoring and 24/7 hotline. Staff is recommending the Sixth Amendment to extend the existing agreement and subscriptions for one year.

3. RECOMMENDED ACTION
Approve the Sixth Amendment to Master Subscription Agreement No. 6858 with Granicus, LLC for a one year renewal of annual subscriptions in the amount of $109,861.58; and authorize the Mayor and City Clerk to execute the agreement on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $109,861.58 and will be funded through General Fund (100), PEG Fund (130), and Information Systems Fund (780).

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
Granicus, LLC, (Granicus) has provided streaming services for City Council and Planning Commission meetings for many years. In 2019, the City entered into a Master Subscription Agreement (Agreement) with Granicus to clearly identify the terms and conditions of the services provided. It was anticipated that the City may consider procuring additional services with Granicus.

The Agreement would make it easier to add those services at the most strategic times for the City.

Since the adoption of the Agreement, the City has obtained additional services from Granicus, which were added via amendments. Currently, the City utilizes the following services from Granicus:
· High-Definition streaming of meetings
· Legistar agenda management - allowing for electronic approvals and routing of staff reports, City of Orange Page 1 of 2 Printed on 11/10/2022
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Item #: 3.9. 11/15/2022 File #: 22-0656
· Legistar agenda management - allowing for electronic approvals and routing of staff reports, automated minute generation, and posting of agendas online. · Votecast - for dais voting and integration with meeting minutes. · Boards and Commission management - to assist City Clerk’s office in managing appointments to the City’s boards and commissions.
· eComment - for submission of comments on agenda items from the public. · Website Hosting
· Host Compliance - short-term rental compliance monitoring, 24/7 hotline, and tax and permit fee collection.

The initial term of the Agreement has expired, and staff is recommending a one-year extension of all existing services. This extension will allow staff to examine the services provided and determine whether any modifications are needed before negotiating a new Agreement with Granicus. The oneyear cost of $109,861.58 is in line with the cost of existing services, representing a modest and reasonable increase over the previous year’s cost.

7. ATTACHMENTS
· Sixth Amendment to Master Subscription Agreement with Granicus, LLC City of Orange Page 2 of 2 Printed on 11/10/2022
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Agenda Item
City Council
Item #: 3.9. 11/15/2022 File #: 22-0656
TO: Honorable Mayor and Members of the City Council
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Sixth Amendment to Agreement with Granicus LLC, a Minnesota Limited Liability Company, for one year of subscription renewal.

3. RECOMMENDED ACTION
Approve the Sixth Amendment to Master Subscription Agreement No. 6858 with Granicus LLC for a one year renewal of annual subscriptions in the amount of $109,861.58; and authorize the Mayor and City Clerk to execute the agreement on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $109,861.58 and will be funded through General Fund (100), PEG Fund (130), and Information Systems Fund (780).

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

The Agreement would make it easier to add those services at the most strategic times for the City.

Since the adoption of the Agreement, the City has obtained additional services from Granicus, which were added via amendments. Currently, the City utilizes the following services from Granicus:
· High-Definition streaming of meetings
· Legistar agenda management - allowing for electronic approvals and routing of staff reports, City of Orange Page 1 of 2 Printed on 11/10/2022
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Item #: 3.9. 11/15/2022 File #: 22-0656
· Legistar agenda management - allowing for electronic approvals and routing of staff reports, automated minute generation, and posting of agendas online. · Votecast - for dais voting and integration with meeting minutes. · Boards and Commission management - to assist City Clerk’s office in managing appointments to the City’s boards and commissions.
· eComment - for submission of comments on agenda items from the public. · Website Hosting
· Host Compliance - short-term rental compliance monitoring, 24/7 hotline, and tax and permit fee collection.

7. ATTACHMENTS
· Sixth Amendment to Master Subscription Agreement with Granicus, LLC City of Orange Page 2 of 2 Printed on 11/10/2022
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SIXTH AMENDMENT
TO

MASTER SUBSCRIPTION AGREEMENT
THIS SIXTH AMENDMENT TO MASTER SUBSCRIPTION AGREEMENT (the “Sixth Amendment”) is made and entered into as of ________________, 2022, by and between the CITY OF ORANGE, a municipal corporation (“Customer”), and GRANICUS, LLC, a Minnesota limited liability company (“Granicus”), with reference to the following:

A. Customer and Granicus entered into a Master Subscription Agreement (Agreement No. 6858) dated October 8, 2019, which is incorporated herein by this reference (the "Original Agreement"); and
B. Customer and Granicus amended the Agreement to revise the Scope of Services and increase the compensation by a First Amendment to Master Subscription Agreement (Agreement No. 6858.1) dated July 13, 2020, which is incorporated herein by this reference (the "First Amendment"); and
C. Customer and Granicus amended the Agreement to revise the Scope of Work, increase the compensation and revise the term by a Second Amendment to Master Subscription Agreement (Agreement No. 6858.2) dated September 23, 2020, which is incorporated herein by this reference (the "Second Amendment"); and
D. Customer and Granicus amended the Agreement to revise the Statement of Work and increase the compensation by a Third Amendment to Master Subscription Agreement (Agreement No. 6858.3) dated April 13, 2021, which is incorporated herein by this reference (the “Third Amendment"); and
E. Customer and Granicus amended the Agreement to revise the Statement of Work and increase the compensation by a Fourth Amendment to Master Subscription Agreement (Agreement No. 6858.4) dated May 24, 2021, which is incorporated herein by this reference (the “Fourth Amendment"); and
F. Customer and Granicus amended the Agreement to revise the Statement of Work and revise the compensation by a Fifth Amendment to Master Subscription Agreement (Agreement No. 6858.5) dated September 21, 2021, which is incorporated herein by this reference (the “Fifth Amendment"); and
G. Customer and Granicus desire to further amend the Agreement to modify, amend and supplement certain portions of the Original Agreement to revise the scope of services and increase the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 235
2 Section 2. Cross-References. Customer and Granicus agree that all references in this Sixth Amendment are deemed and construed to refer to the Original Agreement, as amended and as implemented by this Sixth Amendment.

Section 3 Revised Scope of Services. The Scope of Services, Section 1, Exhibit A of the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference.

Section 4 Compensation. The Compensation payable to Granicus is hereby increased by TWELVE THOUSAND TWO HUNDRED SEVENTY-NINE DOLLARS and 77/100 ($12,279.77), as detailed in Exhibit A to this Sixth Amendment.

Section 5. Integration. This Sixth 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 Sixth Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Sixth Amendment shall control and govern the rights and obligations of the parties.
[Remainder of page intentionally left blank; signatures on next page] 236
3 IN WITNESS of this Sixth Amendment, the parties enter into this Sixth Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
GRANICUS, LLC, a Minnesota limited CITY OF ORANGE, a municipal corporation liability company
*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. 237
EXHIBIT “A”

SUPPLEMENTAL SCOPE OF SERVICES
[Behind this page.]
238
408 Saint Peter Street, Suite 600 THIS IS NOT AN INVOICE Order Form Saint Paul, MN 55102 Prepared for
United States Orange, CA
Order #: Q-229925
Prepared: 10/03/2022

Page 1 of 4 ends

Granicus Proposal for Orange, CAGranicus Budgetary Proposal for Orange, CA
Please note: This is not an invoice. This is a budgetary proposal that outlines the products and fees associated with the subscription renewal. Please inform the Granicus Contact listed below if you wish to issue a PO against this budgetary proposal.

ORDER DETAILS
Prepared By: Tania Dominguez Chon
Phone:

Email: [email protected]
Order #: Q-229925
Prepared On: 10/03/2022
Expires On: 11/07/2022
Currency: USD
Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)

Period of Performance: 11/08/2022 - 11/07/2023

ORDER TERMS
Current Subscription
End Date: 11/07/2022
239
Order Form
Orange, CA
Order #: Q-229925
Prepared: 10/03/2022

Page 2 of 4 ends

PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.
240
Order Form
Orange, CA
Order #: Q-229925
Prepared: 10/03/2022

Page 3 of 4 ends

Renewing Subscription Fees
Solution Billing
Frequency Quantity/Unit Annual Fee
eComment Annual 1 Each $2,747.76
Boards and Commissions Annual 1 Each $9,630.00
Open Platform Suite Annual 1 Each $0.00
Open Platform Suite Annual 1 Each $0.00
Legistar Annual 1 Each $14,810.43
govAccess - Maintenance, Hosting, &
Licensing Fee - Core Annual 1 Each $14,156.10
Granicus Encoding Appliance Software
(GT) Annual 1 Each $1,209.77
Government Transparency Suite Annual 1 Each $13,190.82
Customizations (Recurring) - govAccess Annual 1 Each $758.36 VoteCast Standard Package (Tablet) (ME) Annual 1 Each $5,495.52 Meeting Efficiency Suite Annual 1 Each $10,098.02
govAccess Enterprise Search (Tier 2) Annual 1 Each $5,054.63 Send Agenda (Legistar) Annual 1 Each $0.00
govAccess - Maint/Hosting/License Fee -
Independent Sub Annual 1 Each $2,696.40
Upgrade to SDI 720p Streaming Annual 1 Each $2,404.29
govDelivery for Integrations Annual 1 Each $0.00
Mobile Permitting & Registration Annual 1 Each $4,999.98 Tax Collection Annual 1 Each $0.00
Rental Activity Monitoring Annual 278 Rental
Units $5,276.44
Address Identification Annual 408 Rental
Listings $10,408.08
24/7 Hotline Annual 278 Rental
Units $3,171.98
Compliance Monitoring Annual 278 Rental
Units $3,753.00
govDelivery for Integrations Annual 1 Each $0.00
SUBTOTAL: $109,861.58
241
Order Form
Orange, CA
Order #: Q-229925
Prepared: 10/03/2022

Page 4 of 4 ends

TERMS & CONDITIONS
• The terms and conditions set forth in the Agreement effective 11/08/2019 are incorporated herein by reference. • Link to Terms: https://granicus.com/legal/licensing
• This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Orange, CA to provide applicable exemption certificate(s). • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription.
• Notwithstanding anything to the contrary, Granicus reserves the right to adjust pricing at any renewal in which the volume has changed from the prior term without regard to the prior term's per-unit pricing. 242
Agenda Item
City Council
Item #: 3.10. 11/15/2022 File #: 22-0658
TO: Honorable Mayor and Members of the City Council
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with R. Jensen Co. Inc. and RJ Noble Inc. to move a modular building from the former Fire Headquarters to 517 W. Struck Ave. and complete necessary pavement improvements at the site.

2. SUMMARY
This Agreement with R. Jenson Co. Inc. and Amendment No. 1 to an existing Contract with RJ Noble Company, would authorize R. Jensen Co. Inc. to disassemble, transport, and reassemble the Fire Headquarters modular building at the 517 W. Struck Ave. location and would authorize RJ Noble Company to improve the site pavement to support services provided by The Hub OC (“The HUB”).

3. RECOMMENDED ACTION

1. Approve the agreement with R. Jensen Co., Inc., in the amount of $87,308, and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Approve Amendment No. 1 with RJ Noble, Inc., for $63,980, and authorize the Mayor and City Clerk to execute on behalf of the City.

3. Authorize the appropriation of $151,288 from the General Fund unreserved fund balance to 100.000.51670.30200 General Fund, 517 W. Struck Transition.

4. FISCAL IMPACT
The total expenditure total expenditure for this agreement is $151,288 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 an agreement reached in federal court, the City has partnered with The HUB to oversee and manage the onsite operations and services previously provided by Mary’s Kitchen. Currently, temporary facilities operate in the street and sidewalk on Struck Ave, adjacent to the City's Corporate Yard. In an effort to reclaim the use of the street, avoid issues related to the rainy season, and create additional space for services requested by The HUB, staff developed a plan for moving services off the street and onto the 517 W. Struck Avenue site.

Staff recommends that the City move the modular building currently located at the former Fire Headquarters to the Struck Avenue site. With the opening of the new Fire Headquarters, the modular building is no longer needed. Moving the building to the Struck Ave. site would replace the long-term City of Orange Page 1 of 2 Printed on 11/10/2022
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building is no longer needed. Moving the building to the Struck Ave. site would replace the long-term rental trailers located in the street and serve as necessary office and meeting space for The HUB services. The relocation would allow the City to reduce monthly operating expenses associated with the rentals while alleviating any health and safety concerns of operating in the street.

To accomplish the relocation staff contacted a variety of different modular trailer movers for assistance. The only local contractor who was equipped to move the sizeable double-wide modular trailer in the timeframe necessary to perform the essential services was R. Jensen Co. Inc. As such, staff recommends awarding the project to R. Jensen Co. Inc. in an amount not to exceed $87,308 ($75,920, plus 15% contingency for unforeseen conditions).

Additionally, after evaluating the Struck site for the modular trailer, staff determined the existing pavement on-site was uneven, in poor condition, and not appropriately suited to accept the modular building. As such, staff recommends resurfacing the asphalt pavement on-site for the relocated building. For this, RJ Noble Inc. was the lowest responsive bid for the Annual Pavement Project (SP4183) and is currently under contract to perform street improvements city-wide. They have agreed to construct a 2-inch layer of asphalt over the existing pavement to create an acceptable building pad.

Staff recommends contract Amendment No. 1 to increase the approved contract with RJ Noble Inc. by $63,980 to cover the costs.

In total, staff requests an appropriation of $151,288 to fund these activities through the General Fund (100). Should other funding become available, staff will reallocate the expenses to the appropriate fund and return to the City Council with any proposed recommendations. It is anticipated work will be completed by January 2023, thus allowing The HUB to move off the street and operate all services from the 517 W. Struck Avenue site.

7. ATTACHMENTS
· Agreement with R. Jensen Co., Inc.
· Amendment No. 1 with RJ Noble, Inc.

City of Orange Page 2 of 2 Printed on 11/10/2022
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Agenda Item
City Council
Item #: 3.10. 11/15/2022 File #: 22-0658
TO: Honorable Mayor and Members of the City Council
FROM: Christopher Cash, Public Works Director

3. RECOMMENDED ACTION

1. Approve the agreement with R. Jensen Co., Inc., in the amount of $87,308, and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Approve Amendment No. 1 with RJ Noble, Inc., for $63,980, and authorize the Mayor and City Clerk to execute on behalf of the City.

3. Authorize the appropriation of $151,288 from the General Fund unreserved fund balance to 100.000.51670.30200 General Fund, 517 W. Struck Transition.

4. FISCAL IMPACT
The total expenditure total expenditure for this agreement is $151,288 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.

Staff recommends that the City move the modular building currently located at the former Fire Headquarters to the Struck Avenue site. With the opening of the new Fire Headquarters, the modular building is no longer needed. Moving the building to the Struck Ave. site would replace the long-term City of Orange Page 1 of 2 Printed on 11/10/2022
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Item #: 3.10. 11/15/2022 File #: 22-0658
building is no longer needed. Moving the building to the Struck Ave. site would replace the long-term rental trailers located in the street and serve as necessary office and meeting space for The HUB services. The relocation would allow the City to reduce monthly operating expenses associated with the rentals while alleviating any health and safety concerns of operating in the street.

Staff recommends contract Amendment No. 1 to increase the approved contract with RJ Noble Inc. by $63,980 to cover the costs.

7. ATTACHMENTS
· Agreement with R. Jensen Co., Inc.
· Amendment No. 1 with RJ Noble, Inc.

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CONTRACT
[Transition to Continuum of Care Phase II Modular Trailer Relocation] THIS CONTRACT (the “Contract”) is made and entered into as of ______________, 2022 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and R. JENSON CO., INC., a California corporation (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed
a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two (2) bonds presented to City with this Contract and incorporated herein by this reference, Contractor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in good workmanship and substantial manner the work (the “Work”) described in:
(1) The latest edition of the "City of Orange Standard Plans and Specifications" (the “Orange Book”) with the term "Engineer," as used in the Orange Book and in this Contract, to specifically include the City Engineer (or designee); (2) The "Standard Specifications for Public Works Construction” (the “Greenbook”), and all amendments thereto, except the definition of “Subcontractor” in Section 1.2 (General – Terms and Definitions) of Part 1 (General Provisions) of the Greenbook, which is hereby amended in its entirety to read as follows: “Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor for the performance of a part of the Work;” (3) The “City of Orange Standard Special Provisions;”
(4) The Standard Plans; and
(5) Contractor’s Bid Proposal, which is on file with City’s Department of Public Works.
b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Greenbook and City of Orange Standard Special Provisions and Standard Plans are on file with City’s Public Works Director and are hereby specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges that it has read, reviewed and understands the Plans, the Orange Book, the Greenbook, the Special Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of which documents shall be referred to herein collectively as the “Plans and Specifications.” 247
2 c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal Code which requires, among other things, that Contractor utilize City’s exclusive solid waste hauler for the rental of bins for trash and debris removal and imposes mandatory recycling requirements for self-hauled construction and demolition waste. The terms and conditions set forth in this Contract shall control over any terms and conditions in the Plans and Specifications to the contrary.
d. The Work shall be performed in conformity with the Plans and Specifications and the Bid Proposal and all applicable laws, including any and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment.
e. Unless and until otherwise notified in writing by City’s Public Works Director, City’s Assistant Field Services Manager, Matthew Lorenzen (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Public Works Director may designate from time to time, that Contractor shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Public Works Director. f. It is expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and Contractor’s Bid Proposal, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid Proposal conflicting herewith.

ARTICLE 2
Commencement of Work
Contractor shall commence the Work provided for in this Contract within fifteen (15) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within seven (7) 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 SEVENTY-FIVE THOUSAND NINE HUNDRED TWENTY DOLLARS and 00/100 ($75,920.00) as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as 248
3 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 ELEVEN THOUSAND THREE HUNDRED EIGHTY-EIGHT DOLLARS and 00/100 ($11,388.00) has been added to the total compensation of this Contract. The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such Work or services.
c. The total amount of compensation under this Contract, including contingencies, shall not exceed EIGHTY-SEVEN THOUSAND THREE HUNDRED EIGHT DOLLARS and 00/100 ($87,308.00).

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

ARTICLE 5
Guarantees
a. Contractor guarantees the construction and installation of all Work included in the Plans and Specifications for which Contractor has been awarded this Contract. b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty 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 249
4 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 repairs determined by City’s Director of Public Works to be necessary due to an immediate detriment to the health, safety, welfare or convenience of the residents of City.

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

ARTICLE 7
Independent Contractor; Contractor not Agent
a. At all times during the term of this Contract, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar 250
5 as the result of Contractor’s services rendered pursuant to this Contract. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Contract. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.
b. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.

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

To the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions. c. Contractor shall secure the payment of compensation to its employees in accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
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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 state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the Work which is the subject of this Contract, Contractor shall bear all risks of payment or non-payment of state prevailing wages. “Increased costs” as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time. The foregoing indemnity shall survive termination of this Contract.

ARTICLE 9
Equal Employment Opportunity
During the performance of this Contract, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor shall post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any Work covered by this Contract, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

ARTICLE 10
Conflicts of Interest
Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code. Contractor further agrees that it shall not be eligible to work as the builder for any project for which the design work is part of this Contract. 252
7 ARTICLE 11
Indemnity
Contractor shall defend, indemnify and hold harmless City and its officers, officials, agents, and employees from and against:
a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or adjacent to the real property which is the subject of this Contract, or in connection with performance of this Contract which may be directly or indirectly caused by the acts or omissions of Contractor or its officers, employees, contractors or agents, or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents, and employees. The foregoing indemnity shall survive termination of this Contract. b. Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or 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.
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 selfinsured retentions with respect to City, its officers, officials, agents and employees; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. e. Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:
(1) City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability arising out of Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such Work or operations. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall apply to City as an additional insured.
(2) For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance with respect to City, its officers, officials, agents and employees. Any insurance or self-insurance maintained by City, its officers, officials, agents and employees shall be excess of Contractor’s insurance and shall not contribute with it. (3) Coverage shall not be canceled, except after thirty (30) days’ prior written notice has been provided to City.
f. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Article 12. The endorsements shall be on forms acceptable to City. All certificates and endorsements are to be received and approved by City before the Work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
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9 g. All insurance procured and maintained by Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. h. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Contract unless otherwise directed by City. In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom by way of set-off from any sums owed Contractor. i. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.

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

ARTICLE 13
Termination
City, acting through its City Manager or designee, reserves the right to terminate this Contract for any reason by giving five (5) days’ written notice of intent to terminate to Contractor.

Upon receipt of notice, Contractor shall immediately cease work, unless the notice provides otherwise. Should City terminate this Contract, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Contract, unless such termination shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

ARTICLE 14
Maintenance and Inspection of Records
In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Contract. During the term of this Contract and for a period of three (3) years after termination or completion of this Contract, City shall have the right to inspect and/or audit Contractor's records pertaining to the performance of this Contract at Contractor's office. Contractor shall make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.
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10 ARTICLE 15
Compliance with Laws
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by Contractor or any subcontractor hereunder.
b. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Contract comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and (2) Has not and will not knowingly employ any individual to perform services under this Contract who is ineligible to work in the United States or under the terms of this Contract; and
(3) Has properly maintained, and shall at all times during the term of this Contract properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and
(4) Has responded, and shall at all times during the term of this Contract respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration. c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services under this Contract.
d. Contractor shall, upon request of City, provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract. e. If Contractor, or a subcontractor or subconsultant, knowingly employs an employee providing Work under this Contract who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, such shall constitute a material breach of this Contract and may be cause for immediate termination of this Contract by City.
256
11 f. Contractor shall indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor’s failure to comply with said laws, rules and regulations in connection with the performance of this Contract.

ARTICLE 16
Governing Law and Venue
This Contract shall be construed in accordance with and governed by the laws of the State of California and Contractor shall submit to the 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 mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
R. Jenson Co., Inc. City of Orange
538 Sixth Street 300 E. Chapman Avenue
Norco, CA 92860 Orange, CA 92866-1591
Attn: Travis Jensen Attn: Matthew Lorenzen
Telephone: (951) 712-3910 Telephone: (714) 532-6488
E-Mail:[email protected] E-Mail: [email protected] 257
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, attached hereto as Attachment No. 2, and incorporated herein by this reference.

ARTICLE 20
Counterparts
This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures. “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”
R. JENSON CO., 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:
258
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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 of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3. (B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section.

Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
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(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000). (b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section. (3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

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

This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 260
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Section 1771.1. Registration as a contractor or subcontractor required prior to bid submission; exceptions; violations; penalties
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) 261
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for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 262
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(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

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

Section 1775. Penalties for violations
(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor 264
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or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. (c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.

Section 1776. Payroll records; retention; inspection; redacted information; agencies entitled to receive nonredacted copies of certified records; noncompliance penalties; rules (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. 265
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(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor.
(c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.

The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labormanagement committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. 266
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(2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(j) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.

Section 1777.5. Employment of registered apprentices; wages; standards; number; apprenticeable craft or trade; exemptions; contributions; compliance program (a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 267
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apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. (d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o).
(e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator 268
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of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2)(A) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:
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(i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship and preapprenticeship standards and requirements under this code. (B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees, prior to the receipt of any grant funds, to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so that the Department of Industrial Relations is able to verify that grant funds were used solely for training apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this subdivision.
(C) The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant funds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of the apprenticeship program.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.

Section 1813. Forfeiture for violations; contract stipulation; report of violations The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of 270
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the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement.

Section 1815. Overtime
Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
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ATTACHMENT NO. 2
CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204
Section 9204. Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process (Eff: January 1, 2017) (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 272
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(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 273
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(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 274
R. JENSEN CO INC.
538 Sixth Street
Norco, CA 92860
Phone (951) 479-5471 • Fax (951) 479-5472
License #353856
E-mail: [email protected]
DIR # 1000000522

PROPOSAL
September 20th, 2022
To: City of Orange Public Works Department
Attention: Matt Lorenzen

1. Teardown, Transport, and reset (1) 28’x 52’ Mobilehome from Fire Department to

2. Provide hitches, axles, and tires for relocation/ Remove after relocation

3. Remove and reinstall seismic jacks and all existing pier locations

4. Provide Temporary shipping walls and plastic at open sides

5. Provide and install new skirting

6. Patch back drywall/match texture

7. Final cleanup

8. Old ramps will be set aside for removal by others

9. Remove and reinstall stairs

10. New ramps by others

11. Pilot cars and permits included

12. Bonds/Insurance
Exclusions:

1. Utility disconnects/hookup/HVAC Condenser

2. Painting Int/Ext

3. Closure panels

4. Flashing

5. Flooring at modlines

6. Concrete or asphalt ramps/level landings to be demoed before move-on

7. Ramp Transitions by Others

8. Removal/Reinstall of basketball poles, fencing, or any other objects in path of move

9. City to provide P.O.T. for trucking on & off sites. R.J.C. Inc. Not responsible for Irrigation, grass, or hardscape damage

10. City to provide new building lines and corners for new setup locations

11. Crane

12. All Hazardous material removal

13. Fees/Permits
Prevailing Wage Included
275

ALL OF THE ABOVE TO BE PERFORMED IN A WORKMAN LIKE MANNER FOR THE PRICE OF: $75,920.00

ACCEPTANCE OF PROPOSAL
The above prices and specifications are found satisfactory and are hereby accepted. I, authorize R. Jensen Company, Inc., to perform the work as specified. Any alteration or deviation from above specifications involving extra costs will be executed only upon written order, and will become an extra charge over and above the estimate. All labor is guaranteed for one year after the completion date and all materials are guaranteed as specified. This proposal may be withdrawn by us if not accepted within 30 days. Payments will be made as outlined above.

Signature ______________________________________________________ Date __________________________________ 276

FIRST AMENDMENT
TO

CONTRACT
[Annual Pavement Maintenance at Various Locations, FY 2021-2022 (Bid No. 21-22.28; SP-4183)]
THIS FIRST AMENDMENT TO CONTRACT (the “First Amendment to Contract”) is made and entered into as of ______________, 2022 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and R.J. NOBLE COMPANY, a California corporation (“Contractor”), with reference to the following.

A. City and Contractor entered into a Contract (Agreement No. 7360) dated April 12, 2022, which is incorporated herein by this reference (the “Original Contract”); and B. City and Contractor desire to amend the Original Contract to modify, amend and supplement certain portions of the Original Contract by revising the scope of work and increasing the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Contract.

Section 2. Cross-References. City and Contractor agree that all references in this First Amendment are deemed and construed to refer to the Original Contract, as implemented by this First Amendment.

Section 3. Revised Work Performed. The Contractor’s Proposal as referenced in Article 1 of the Original Contract, is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference.

Section 4. Term. Pursuant to Article 2 of the Original Contract, the City hereby extends the Term of this Contract to grant an extension of time to complete the Work until November 15, 2022.

Section 5. Compensation. Article 3 of the Original Contract is hereby amended to increase the total not-to-exceed compensation for the services to be rendered by SIXTY-THREE THOUSAND NINE HUNDRED EIGHTY DOLLARS and 00/100 ($63,980.00) and Sections 3.a and 3.c are hereby amended in their entirety to read as follows:
“a. Contractor agrees to receive and accept an amount not to exceed TWO

MILLION SEVEN HUNDRED NINETY-SIX THOUSAND THREE
HUNDRED SIXTY DOLLARS and 00/100 ($2,796,360.00) 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 277
2 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.”
“c. The total amount of compensation under this Contract, including contingencies, shall not exceed THREE MILLION FIVE THOUSAND SIX HUNDRED EIGHTEEN DOLLARS and 00/100 ($3,005,618.00).”
Section 6. Integration. This First Amendment amends, as set forth herein, the Original Contract and, except as specifically amended hereby, the Original Contract 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 Contract, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.
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3 IN WITNESS of this Contract, the parties enter into this Contract on the year and day first above written.
“CONTRACTOR” “CITY”
R.J. NOBLE COMPANY, a California CITY OF ORANGE, a municipal corporation corporation
By:
*By: Mark A. Murphy, Mayor
Printed Name:

Title:
*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

1. SUBJECT
Agreement with Sagecrest Planning and Environmental for planning staff services.

2. SUMMARY
Agreement with Sagecrest Planning and Environmental to continue to provide planning staff services for the City of Orange while recruitment is on-going for vacant planning positions in the Community Development Department.

3. RECOMMENDED ACTION
Approve the agreement with Sagecrest Planning and Environmental in the amount of $145,000 for planning staff services, and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this amendment is $145,000 and will be funded through General Fund (100).

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

6. DISCUSSION AND BACKGROUND
Sagecrest Planning and Environmental (Sagecrest) provides environmental review and planning staff services to local jurisdictions. As part of those services, Sagecrest offers staff of various backgrounds and expertise to perform services that include the processing, preparation, and review of planning documents, zoning codes, project management, and specific plans.

Since January 2022, the City has retained planning staff services from Sagecrest to backfill vacant positions in the Planning Division while recruitments are underway. This agreement is to continue these services to maintain a high level of customer service and continue to meet customer and organizational expectations for timely development application processing. Salary savings from the vacant planning positions will be used to fund the contract as needed until all the vacant positions are filled.

7. ATTACHMENTS
· Agreement with Sagecrest Planning and Environmental
City of Orange Page 1 of 1 Printed on 11/10/2022
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Agenda Item
City Council
Item #: 3.11. 11/15/2022 File #: 22-0665
TO: Honorable Mayor and Members of the City Council
FROM: Jeff Adams, Interim Community Development Director

1. SUBJECT
Agreement with Sagecrest Planning and Environmental for planning staff services.

4. FISCAL IMPACT
The total expenditure for this amendment is $145,000 and will be funded through General Fund (100).

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

7. ATTACHMENTS
· Agreement with Sagecrest Planning and Environmental
City of Orange Page 1 of 1 Printed on 11/10/2022
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PROFESSIONAL SERVICES AGREEMENT
[Staffing Services]
THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of ____________, 2022 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and SAGECREST PLANNING AND ENVIRONMENTAL, a California 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 inducement to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are the subject of this Agreement are not in the usual course of City’s business and City relies on Contractor’s representation that it is independently engaged in the business of providing such services and is experienced in performing the work.

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

Anna Pehoushek, Community Development Assistant Director (“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 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 ONE HUNDRED FORTY-FIVE THOUSAND DOLLARS and 00/100 ($145,000.00) 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 licenses which are required under state or federal law to perform the work contemplated by this Agreement and that Contractor and its subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement.

6. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means by 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 or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

7. Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.
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3 8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement.

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

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

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

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

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, assessments, 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.

15. Equal Employment Opportunity. During the performance of this Agreement, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

Such actions shall include, but not be limited to the following: employment, upgrading, demotion 284
4 or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

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

17. Indemnity.
a. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:
(1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and
(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph. 285
5 b. To the fullest extent permitted by law, and as limited by California Civil Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property to the extent caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.
c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement. d. The indemnities set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.

18. Insurance.
a. Contractor shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any workers’ compensation benefits under any City program.
b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ($1,000,000) per occurrence; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis. c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis. d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement. e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability 286
6 insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.
f. Contractor shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a minimum limit of One Million Dollars ($1,000,000) per claim. Contractor agrees to keep such policy in force and effect for at least five (5) years from the date of completion of this Agreement.
g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.

Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.
h. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.
i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in California so long as such insurer possesses the aforementioned Best rating.
j Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City.

In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom, by way of set-off from any sums owed Contractor.
k. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.

Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.
l. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.
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7 19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than five (5) days’ written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.

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

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. Contractorshall 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 rates of wages to all such workers. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
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
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8 (3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and
(4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.
d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c. e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.
f. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.e.
g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City. h. Contractor agrees to indemnify and hold City, its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.

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

23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agreement shall not be compensated.
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9 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 email shall be deemed received on the date of the e-mail transmission. “CONTRACTOR” “CITY”
Sagecrest Planning and Environmental City of Orange
27128 Paseo Espada, Suite 1524 300 E. Chapman Avenue
San Juan Capistrano, CA 92675 Orange, CA 92866-1591
Attn.: Amy Vazquez Attn.: Anna Pehoushek
Telephone: (714) 783-1863 x705 Telephone: (714) 744-7242 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.
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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”
SAGECREST PLANNING AND CITY OF ORANGE, a municipal corporation ENVIRONMENTAL, a California corporation
*By: By:

Printed Name: Mark A. Murphy, Mayor
Title:
*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney
*NOTE: 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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27128 Paseo Espada • Suite 1524 • San Juan Capistrano, CA 92675 October 6, 2022
City of Orange
Attn: Anna Pehoushek, AICP, Assistant Community Development Director 300 E. Chapman Avenue
Orange, CA 92866
SUBJECT: City of Orange Contract Staffing Services- Scope of Work Dear Ms. Pehoushek:

Thank you for the opportunity to submit a proposal in response to the City of Orange’s (City’s) request for planning and administrative consulting services. The team at Sagecrest Planning+Environmental (Sagecrest) provides planning and environmental review services to local jurisdictions throughout California. Our planners have expertise in discretionary case processing, preparation and review of zoning codes, specific plans, general plans, and other planning documents, code compliance, project management, and environmental analysis, documentation, and review. Our planners have all worked in various positions for local jurisdictions.

Sagecrest delivers the highest level of service with proactive solutions, ongoing communication and dependable coordination. We adapt our services to the City’s needs and complement its in-house resources as an extension of City staff. Our planners are trained on the latest planning, zoning and environmental legislation and case law and are adept at using public counter permit tracking and GIS systems.

Sagecrest is a local Southern California-based firm with corporate offices in San Juan Capistrano. Our clients are located in Orange, San Diego, Riverside, San Bernardino and Los Angeles Counties, which allows us to be accessible to our clients at a moment’s notice. We are accustomed to being proactive and anticipating the needs of our clients and recommending practical solutions to complex planning issues. In addition, due to our efficient structure, we are competitive on price while adhering to stringent budgets and schedules.

Sagecrest looks forward to your favorable review of our firm’s proposal. For additional information or to further discuss our qualifications, please contact me directly at the phone numbers or email below.

Sincerely,
Amy Vazquez, President
Office: (714) 783-1863 x705
Mobile: (714) 914-5605
E-mail: [email protected]
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Project Approach
Sagecrest’s approach to providing planning and administrative services, including representative tasks as appropriate for the class title assigned, is described below:

Review, analyze and process
discretionary cases consistent
with City codes, policies and
standards. Utilize City
electronic and paper files to
research previous and/or
related cases.

Sagecrest provides entitlement processing services for
development applications and management of City-initiated projects that may require general plan amendments, specific plans, reclassifications, Conditional Use Permits, subdivision maps, variances, design review, annexations, and other discretionary and administrative actions. Sagecrest planners are skilled project managers who provide excellent customer service to the applicant and the City. We guide the applicant through the entitlement process, timelines, technical studies, interdepartmental comments, revisions to the application, and the review and approval process. Team members utilize the City’s historical files, Geographic Information Systems, permit tracking software, and zoning code to respond to inquiries at the public counter and to research entitlements.

Prepare environmental
analysis, including, but not
limited to, Initial Studies and
Negative Declarations, as
required by the California
Environmental Quality Act
(CEQA).

Sagecrest planners are well versed in current environmental law and preparing CEQA documents for discretionary projects or Cityinitiated plans and programs. The Sagecrest team includes planners who can prepare streamlining checklists, Initial Studies, (Mitigated) Negative Declarations, EIRs, Mitigation Monitoring and Reporting Programs, and all required CEQA notices. Sagecrest planners have also managed CEQA consultant teams. We have reviewed and commented on numerous CEQA documents from
outside agencies to ensure the City’s comments and concerns are represented. Christine Saunders, Principal, previously served as the CEQA planner for the City of Anaheim and provides CEQA technical support to the entire Sagecrest team.

Route plans to City
departments; consolidate
comments; and present
recommendations and
revisions to the applicant.

Work with other departments
to ensure consistency of
comments. Prepare staff
reports and presentations to
citizen committees and
decision-making bodies.

Sagecrest planners are experienced project managers.

Entitlement case processing generally entails routing plans to various City departments; consolidating comments; resolving internal inconsistencies; and presenting recommendations and revisions to the applicant. Once the application is complete, our planners will write clear, concise, and accurate staff reports and manage the project through public outreach, reviews and approvals by staff, Planning Commission, any other required approval body, and the City Council.
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Maintain communication with
applicants, interested parties,
property owners, homeowner
associations, etc. Respond to
inquiries about projects from
residents and applicants.

Sagecrest takes pride in our communication and customer service with applicants, interested parties, property owners, homeowner associations, various governmental agencies, and other City departments. Our planners quickly learn the frequently asked questions (i.e. business license, special events, building inspection requests, etc.) and provide “one-stop shopping” at the public counter.

Prepare notices for public
meetings and hearings in
accordance with City and
CEQA requirements.

Sagecrest understands the importance of preparing timely, clear, concise and accurate public notices. We are experienced in preparing publications for the newspaper, posting on and/or near the project site and mailing notices to interested parties who may be affected by a proposed action.

Attend community meetings
and public hearings, as
required, and present reports
to various Boards,
Commissions, and the City
Council.

Sagecrest planners have solid presentation skills and have presented entitlement applications and reports to city councils, commissions, and community groups. We are often
commended for the ability our staff has to take complex issues and present them in a way that is clear and concise. We are passionate about working with stakeholders to communicate the direction of the City early in the process so they understand what the goals are and how to be a part of the ultimate solution.

Open, maintain and close
electronic and paper files in
accordance with City
procedures.

Proper records management and organization is crucial. Our planners have all worked for public agencies and understand the importance of working diligently to maintain the public record, proper publications, filing, indexing, and safekeeping of all proceedings of the Planning Commission and City Council. We work with the City Clerk to ensure the public record is kept permanently and is set up for efficient retrieval.

Review grading and building
plans for consistency with
discretionary approvals and
environmental mitigation, if
applicable.

Plan checking is completed in accordance with conditions of approval associated with each discretionary approval and applicable codes, ordinances and standards adopted by the City. 295
Company Information
Sagecrest is an award winning, full service, professional planning firm providing contract planning, land use, and environmental consulting to public agencies throughout California. The American Planning Association (APA) recently awarded Sagecrest the 2018 Emerging Planning & Design Firm by the Orange Section and the 2019 Grassroots Initiative Award by the California State Chapter and the Orange Section.

With considerable experience in Southern California, the Sagecrest team has strong working relationships with key staff, applicants and public officials. Our mission is to provide outstanding service at competitive rates to the clients and communities we serve while adding value and making a positive impression with each assignment. Because of our extensive experience and focus on providing planning staff to public agencies, Sagecrest is uniquely qualified to deliver high-quality on-call services.

We have assembled an exceptional team of experienced planners and administrative services staff. Our staff has professional planning experience in the public sector, giving them a unique and thorough understanding of the processes and the challenges faced by planning departments. We employ highly qualified and experienced professionals whose skills, qualifications and previous responsibilities are a strong match to the needs of the City of Orange. We ensure this high level of quality by employing the following practices:
• City contract managers interview proposed staff before they are assigned. • Our staff has experience working for public agencies prior to working with us, allowing them to integrate seamlessly into department operations.
• We know that our reputation is our most valuable asset. With that in mind, we do not overcommit our staff and only accept work that our staff has the qualifications to perform. • Our staff maintains ongoing professional development and we provide extensive training in project management, land use law, California Environmental Quality Act (CEQA), writing and public presentation skills.
• We are based in San Juan Capistrano, maintain regular office hours, and are accessible as needed.
• We reliably meet departmental standards, including: deadlines, quality of work products, courtesy and accessibility, accuracy of reports and information given to the public, and responsiveness.
• We ensure we have a clear understanding of expectations and maintain consistent communication with our clients.
• We are committed to providing services that are cost effective while maintaining high standards of quality and productivity.

Provide staff at the public
information counter.

Our team members are skilled at reviewing a City’s historical files, zoning map, zoning code and other data and files to respond to inquiries at the public counter. Our planners are well versed in determining when a project is ready for plan submittal.

We quickly learn the frequently asked questions (i.e. business license, special events, building inspection request, etc.) that are typical to customers visiting City Hall to provide as much assistance as possible and help provide “one-stop
shopping” for questions and needs. We take pride in our exceptional customer service skills.
296
Pricing
Classification/Title and Hourly Rates
Sagecrest will perform consulting services based on the following breakdown of classification of hourly rates for key personnel:

Position Hourly rate
Planning Director $200.00
City Planner $180.00
Principal Planner $140.00
Senior Planner $120.00
Associate Planner $100.00
Assistant Planner $80.00
Planning Aide $70.00
Minutes Clerk/Planning Administration $50.00
297
Agenda Item
City Council
Item #: 3.12. 11/15/2022 File #: 22-0666
TO: Honorable Mayor and Members of the City Council
FROM: Jeff Adams, Interim Community Development Director

1. SUBJECT
Third Amendment to Agreement with The Hub OC to provide on-site services, referrals, and resources for those experiencing homelessness as part of the 517 W. Struck Transition Plan. (Relates to Agenda Item 3.13)

2. SUMMARY
Third Amendment to the Agreement with The Hub OC increasing the compensation by an additional $50,000 to continue services, referrals, and resources needed for those experiencing homelessness.

3. RECOMMENDED ACTION

1. Approve the appropriation of $50,000 from the Community Block Grant (310) unreserved fund balance to expenditure account number 310.9645.51770.30200-517 W. Struck Transition.

2. Approve the Third Amendment to the Subrecipient Agreement with The Hub OC increasing compensation in the amount of $50,000 for services in support of the 517 W. Struck Transition Plan and authorize the Mayor and the City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this amendment is $50,000 and will be funded through the Community Block Grant Fund (310).

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
On June 14, 2022, Council approved an Agreement with The Hub OC for $330,000 to provide continuum of care services for one year as part of the transition plan for 517 W. Struck.

On July 12, 2022, Council approved the First Amendment to the Agreement to expand the scope of services to include the management of meal preparation and distribution and addition of a Food Service Coordinator position to manage the food operations. Additionally, the First Amendment increased the total compensation by $320,000 to a not-to-exceed amount $650,000 and added a budget for volunteer training and development to ensure that volunteers at the site were well prepared to deliver services and were trained in the proper protocols at the site, including COVID related procedures.

On November 1, 2022, the City approved a Second Amendment to the Agreement with the Hub OC City of Orange Page 1 of 2 Printed on 11/10/2022
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Item #: 3.12. 11/15/2022 File #: 22-0666
On November 1, 2022, the City approved a Second Amendment to the Agreement with the Hub OC modifying positions budgeted in response to evolving staffing needs at the site with no change to compensation.

Staff recommends approving the Third Amendment to the Agreement with The Hub OC to increase the current compensation of $650,000 by an additional $50,000 in Community Development Block Grant (CDBG) Coronavirus Aid, Relief, and Economic Security (CARES) funding identified, for a total not-to-exceed amount of $700,000. The additional funding identified for the Agreement with The Hub OC is a result of the Homeless Specialist salary savings from the Police Department, which is also being funded by CDBG-CARES.

Agenda Item 3.13 on today’s Council Agenda addresses funding for the balance of The Hub OC’s proposal for services, referrals, and resources at 517 W. Struck for the remainder of the one-year term.

7. ATTACHMENTS · Third Amendment to the Agreement with The Hub OC City of Orange Page 2 of 2 Printed on 11/10/2022
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Agenda Item
City Council
Item #: 3.12. 11/15/2022 File #: 22-0666
TO: Honorable Mayor and Members of the City Council
FROM: Jeff Adams, Interim Community Development Director

3. RECOMMENDED ACTION

1. Approve the appropriation of $50,000 from the Community Block Grant (310) unreserved fund balance to expenditure account number 310.9645.51770.30200-517 W. Struck Transition.

4. FISCAL IMPACT
The total expenditure for this amendment is $50,000 and will be funded through the Community Block Grant Fund (310).

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

On November 1, 2022, the City approved a Second Amendment to the Agreement with the Hub OC City of Orange Page 1 of 2 Printed on 11/10/2022
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Item #: 3.12. 11/15/2022 File #: 22-0666
On November 1, 2022, the City approved a Second Amendment to the Agreement with the Hub OC modifying positions budgeted in response to evolving staffing needs at the site with no change to compensation.

7. ATTACHMENTS · Third Amendment to the Agreement with The Hub OC City of Orange Page 2 of 2 Printed on 11/10/2022
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THIRD AMENDMENT
TO

COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM – CDBG-CV SUBRECIPIENT AGREEMENT
[Homeless Outreach Continuum of Care Program]

THIS THIRD AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM – CDBG-CV SUBRECIPIENT AGREEMENT (the “Third Amendment”) is made and entered into as of ________________, 2022, by and between the CITY OF ORANGE, a municipal corporation (“CITY”), and The HUB OC, a California nonprofit corporation (“SUBRECIPIENT”), with reference to the following:

A. CITY and SUBRECIPIENT entered into a Community Development Block Grant Program – CDBG-CV Subrecipient Agreement (Agreement No. 7374) dated June 14, 2022, which is incorporated herein by this reference (the “Original Agreement”); and B. CITY and SUBRECIPIENT amended the Original Agreement to revise the Scope of Services, increase the compensation, and revise the effective date by a First Amendment to Community Development Block Grant Program – CDBG-CV Subrecipient Agreement (Agreement No. 7374.1) dated June 14, 2022, which is incorporated herein by this reference (the “First Amendment”); and
C. CITY and SUBRECIPIENT amended the Original Agreement to revise positions listed in the scope of work and revise the effective date by a Second Amendment to Community Development Block Grant Program – CDBG-CV Subrecipient Agreement (Agreement No. 7374.2) dated November 1, 2022, which is incorporated herein by this reference (the “Second Amendment”); and
D. City and Subrecipient desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement to increase the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

Section 2. Cross-References. City and Subrecipient agree that all references in this Third Amendment are deemed and construed to refer to the Original Agreement, as implemented by this Third Amendment.

Section 3 Compensation. The total not-to-exceed compensation for the services to be rendered as set forth in the Original Agreement is increased by FIFTY THOUSAND DOLLARS and 00/100 ($50,000.00) and SUBRECIPIENT’s total compensation for all services performed under this Agreement, shall not exceed SEVEN HUNDRED THOUSAND DOLLARS and 00/100 ($700,000.00) without the prior written authorization of City.” 302
2 Section 4. Integration. This Third 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 Third Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Third Amendment shall control and govern the rights and obligations of the parties.

IN WITNESS of this Second Amendment, the parties enter into this Second Amendment on the year and day first above written.
“SUBRECIPIENT” “CITY”
The HUB OC, a California nonprofit corporation CITY OF ORANGE, a municipal corporation *By: By:

Printed Name: Mark A. Murphy, Mayor
Title:
*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney
*NOTE: If SUBRECIPIENT 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. 303
Agenda Item
City Council
Item #: 3.13. 11/15/2022 File #: 22-0668
TO: Honorable Mayor and Members of the City Council
FROM: Leslie Hardy, Director of Community Services

1. SUBJECT
Agreement with The HUB OC (“The HUB”) for providing on-site services, referrals, and resources for those experiencing homelessness as part of the 517 W. Struck Project. (Relates to Agenda Item

3.12)

2. SUMMARY
Agreement with The HUB to a not-to-exceed total of $400,000 to continue services, referrals, and resources needed for those experiencing homelessness.

3. RECOMMENDED ACTION
Approve Agreement with the HUB in the amount of $400,000 for services in support of the 517 W.

Struck Project; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this Agreement is $400,000 and will be funded through the General Fund (100).

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

6. DISCUSSION AND BACKGROUND
Pursuant to an agreement reached in federal court, the City has partnered with The HUB to oversee and manage the onsite operations and services previously provided by Mary’s Kitchen. The HUB provides food services, mail services and manages shower, restroom (including ADA facilities), and laundry services. The COVID-19 Pandemic has exacerbated the homeless crisis making the need for continued assistance and resources to those experiencing homelessness more urgent; providing showers, restroom facilities and laundry services is essential in promoting good hygiene to reduce rate of infection/illness caused by COVID-19.

The Hub also provides connections to shelter services through the Coordinated Entry System and Homeless Management Information System, access to phones and facsimile services, phone charging services, and/or referrals to medical, dental, and vision services, veterinary services, COVID-19 vaccinations, haircuts, and clothing suppliers.

On June 14, 2022, the City Council approved an Agreement with The Hub for $330,000 of Community Development Block Grant (CDBG) Coronavirus Aid, Relief, and Economic Security (CARES) funding. The Council amended this agreement to increase the compensation to $650,000 City of Orange Page 1 of 2 Printed on 11/10/2022 powered by Legistar™304
Item #: 3.13. 11/15/2022 File #: 22-0668
(CARES) funding. The Council amended this agreement to increase the compensation to $650,000 in additional CARES funding for the aforementioned services on July 12, 2022. On November 1, 2022, the City Manager approved a Second Amendment to the Agreement with The Hub to modify budgeted staff positions with no change to the compensation. The City Council will consider a third amendment to this agreement, bringing the compensation to $700,000 in CARES funding, as a separate item on this agenda. This amendment will exhaust the available CARES funding for this program; however, additional funding is needed to finish the term of the year-long Federal Court order.

The Agreement proposed herein will ensure that The HUB can continue to provide services for the duration of the year (through April 2023), through the use of the General Fund (100). The amount of the Agreement is $400,000. Should any funding separate from the General Fund become available, including funding for reimbursement, staff will return to the City Council with a recommendation to use an alternate funding source.

7. ATTACHMENTS
· Agreement with The HUB OC
City of Orange Page 2 of 2 Printed on 11/10/2022
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Agenda Item
City Council
Item #: 3.13. 11/15/2022 File #: 22-0668
TO: Honorable Mayor and Members of the City Council
FROM: Leslie Hardy, Director of Community Services

3.12)

2. SUMMARY
Agreement with The HUB to a not-to-exceed total of $400,000 to continue services, referrals, and resources needed for those experiencing homelessness.

3. RECOMMENDED ACTION
Approve Agreement with the HUB in the amount of $400,000 for services in support of the 517 W.

Struck Project; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this Agreement is $400,000 and will be funded through the General Fund (100).

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

6. DISCUSSION AND BACKGROUND
Pursuant to an agreement reached in federal court, the City has partnered with The HUB to oversee and manage the onsite operations and services previously provided by Mary’s Kitchen. The HUB provides food services, mail services and manages shower, restroom (including ADA facilities), and laundry services. The COVID-19 Pandemic has exacerbated the homeless crisis making the need for continued assistance and resources to those experiencing homelessness more urgent; providing showers, restroom facilities and laundry services is essential in promoting good hygiene to reduce rate of infection/illness caused by COVID-19.

On June 14, 2022, the City Council approved an Agreement with The Hub for $330,000 of Community Development Block Grant (CDBG) Coronavirus Aid, Relief, and Economic Security (CARES) funding. The Council amended this agreement to increase the compensation to $650,000 City of Orange Page 1 of 2 Printed on 11/10/2022 powered by Legistar™306
Item #: 3.13. 11/15/2022 File #: 22-0668
(CARES) funding. The Council amended this agreement to increase the compensation to $650,000 in additional CARES funding for the aforementioned services on July 12, 2022. On November 1, 2022, the City Manager approved a Second Amendment to the Agreement with The Hub to modify budgeted staff positions with no change to the compensation. The City Council will consider a third amendment to this agreement, bringing the compensation to $700,000 in CARES funding, as a separate item on this agenda. This amendment will exhaust the available CARES funding for this program; however, additional funding is needed to finish the term of the year-long Federal Court order.

7. ATTACHMENTS
· Agreement with The HUB OC
City of Orange Page 2 of 2 Printed on 11/10/2022
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PROFESSIONAL SERVICES AGREEMENT
[Continuum of Care Coordination Services]
THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of ____________, 2022 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and Allelous dba, The HUB OC, a California nonprofit corporation (“Contractor”), who agree as follows:

Leslie Hardy, Community Services Director (“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 her designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.

2. Compensation and Fees.
a. Contractor's total compensation for all services performed under this Agreement, shall not exceed FOUR HUNDRED THOUSAND DOLLARS and 00/100 ($400,000) 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.
308
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.

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. 309
3 It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.

10. Time of Completion; Term. 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 as agreed to by and between the representatives of the parties.

The term of this Agreement is one year from the Effective Date.

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

12. Reserved.

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 310
4 conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

17. Indemnity.
a. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:
(1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and
(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph. b. Reserved.
311
5 c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement. d. The indemnities set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.

18. Insurance.
a. Contractor shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any workers’ compensation benefits under any City program.
b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ($1,000,000) per occurrence; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis. c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis. d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement. e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a 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.
f. Reserved.
g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy. 312
6 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. All insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in California so long as such insurer possesses the aforementioned Best rating.
j Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City.

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.

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. 313
7 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. Contractorshall 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 rates of wages to all such workers. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
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
(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 Social Security Administration.
d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c. 314
8 e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.
f. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.e.
g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City. h. Contractor agrees to indemnify and hold City, its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.

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 email shall be deemed received on the date of the e-mail transmission. “CONTRACTOR” “CITY”
The HUB OC City of Orange
1439 W. Chapman Ave. #196 300 E. Chapman Avenue
Orange, CA 92868 Orange, CA 92866-1591
Attn.: Holiday Zimmerman, CEO Attn.: Leslie Hardy, Community Services Director
Telephone: (949) 466-2505 Telephone: 714-744-7277
E-Mail: [email protected] E-Mail: [email protected] 315
9 25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.

IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.
“CONTRACTOR” “CITY”
The HUB OC, a California nonprofit CITY OF ORANGE, a municipal corporation corporation
*By: By:

Printed Name: Mark A. Murphy, Mayor
Title:
*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

SCOPE OF SERVICES
[Beneath this sheet.]
317

EXHIBIT A

SCOPE OF SERVICES
Program Summary
The COVID Pandemic has exacerbated the homeless crisis in the City of Orange, creating an urgent need for continued and enhanced resources for those experiencing homelessness, The HUB will oversee continuum of care services on the behalf of the City of Orange and manage rental facilities to include laundry machines, portable showers, hand washing stations, and portable restrooms to help with personal hygiene for our homeless community in an effort to reduce transmission of COVID.

The HUB OC will manage the recruiting, training, and mobilizing the team of volunteers from local churches and our community to help meet the needs of our homeless residents in partnership with the City of Orange, The H.E.A.R.T. team and LOVE Orange.

Project Description
The strategy between the City and the HUB OC is to coordinate the efforts required to meet the needs of the city’s homeless community. The agreed upon strategy between The HUB and the City of Orange shall be consistent with the resources described in Exhibit B (Budget). The role of The HUB includes recruitment, training, and mobilization of volunteers to work with homeless individuals, and coordinate with the City’s Homeless Engagement and Resource Team (H.E.A.R.T.) The strategy also includes sharing data resources used to track homeless individuals and families as they enter continuum of care services, use city provided resources. The HUB services include referrals to temporary shelters and permanent housing, mental health services, medical (vision, dental, health care, and COVID vaccine) services, and transportation vouchers to services.

Summary of Services to be provided at the Facility by the HUB OC under the HUB OC Resources Program:
• Provide initial contact with homeless individuals for intake information; • Coordinate with the HEART team for entry into Coordinated Entry System (CES) and Homeless Management Information System (HMIS);.
• Coordinate efforts with local non-profits to recruit volunteers • Provide training to volunteers as listed below:
o Manage and provide homeless individuals with referrals to shelters;. o Distribute hygiene supplies to homeless individuals;
o Manage the on site hygiene resources that include laundry, showers, wash stations, and restrooms;.
o Manage and provide homeless individuals with access to phone charging stations;. o Provide homeless individuals with referrals to mental, medical, vision, dental, and health care services;.
o Provide homeless individuals with referrals to veterinary care services;. o Provide homeless individuals with referrals to COVID-19 vaccines;. o Provide homeless individuals with referrals to clothes providers including resources from Full Circle.
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o Provide homeless individuals with voucher assistance and referrals to bus or other modes of transportation;.
o Provide the children of homeless individuals with referrals to free after school care through the Youth Centers of Orange.
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Agenda Item
City Council
Item #: 3.14. 11/15/2022 File #: 22-0669
TO: Honorable Mayor and Members of the City Council
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Repair and Maintenance Agreement with the Orange County Water District for the repair of drainage facilities and adjacent slope stabilization.

2. SUMMARY
The Repair and Maintenance Agreement between the City of Orange and the Orange County Water District outlines the respective roles and responsibilities of each agency for repair work to be done in the “Bond Pit” basin property located at the northwest corner of Bond Avenue and Hewes Street.

3. RECOMMENDED ACTION

1. Approve the Repair and Maintenance Agreement with the Orange County Water District and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the City Manager to execute any future documents related to this action to effect revisions, adjustments or clarifications of the details and performance of the parties appropriate to further the intended purposes of the Agreement.

4. FISCAL IMPACT
The total expenditure for this project is estimated at $534,200 and will be funded in Storm Drain Improvement Citywide (20430) through Sanitation and Sewer (220).

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 Orange County Water District (OCWD) owns and operates a groundwater recharge basin, commonly referenced as the Bond Pit, on the northwest corner of Hewes Street and Bond Avenue.

An existing City storm drain facility from the adjacent neighborhood drains into the recharge basin.

The soil in portions of the basin, including portions surrounding the drainage facilities have destabilized over time, resulting in damage to OCWD property and the City’s storm drain facilities.

To avoid further damage to OCWD’s property and City’s facilities, OCWD proposes to restabilize the failed slope and repair the drainage facilities. The project improvements will be sequenced to expedite slope stabilization as the upcoming rainy season threatens additional erosion. The initial phase (Phase 1) involves work to protect and stabilize the existing slope and work will start City of Orange Page 1 of 2 Printed on 11/10/2022
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Item #: 3.14. 11/15/2022 File #: 22-0669
phase (Phase 1) involves work to protect and stabilize the existing slope and work will start immediately after OCWD approval of a plan and cost. The final and additional slope and storm drain facility restoration work (Phase 2) will take place after the rainy season and tentatively in summer 2023.

The Repair and Maintenance Agreement between OCWD and the City outlines the respective roles and responsibilities for each agency. The City of Orange agrees to reimburse OCWD for fifty percent (50%) of all the project costs. The total project cost for Phase 1 is estimated at $1,068,400, with the City’s share about $534,200. After the completion of Phase 1, the City will work with OCWD on the design for the Phase 2 improvements. City staff will request authorization of additional funding for the Phase 2 improvements at a future council meeting to be determined after the completion of design.

Project construction for Phase 1 is anticipated to begin in November 2022, and the estimated duration is sixty (60) working days.

7. ATTACHMENTS
· Repair and Maintenance Agreement with OCWD
City of Orange Page 2 of 2 Printed on 11/10/2022
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Agenda Item
City Council
Item #: 3.14. 11/15/2022 File #: 22-0669
TO: Honorable Mayor and Members of the City Council
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Repair and Maintenance Agreement with the Orange County Water District for the repair of drainage facilities and adjacent slope stabilization.

3. RECOMMENDED ACTION

1. Approve the Repair and Maintenance Agreement with the Orange County Water District and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this project is estimated at $534,200 and will be funded in Storm Drain Improvement Citywide (20430) through Sanitation and Sewer (220).

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.

An existing City storm drain facility from the adjacent neighborhood drains into the recharge basin.

The soil in portions of the basin, including portions surrounding the drainage facilities have destabilized over time, resulting in damage to OCWD property and the City’s storm drain facilities.

To avoid further damage to OCWD’s property and City’s facilities, OCWD proposes to restabilize the failed slope and repair the drainage facilities. The project improvements will be sequenced to expedite slope stabilization as the upcoming rainy season threatens additional erosion. The initial phase (Phase 1) involves work to protect and stabilize the existing slope and work will start City of Orange Page 1 of 2 Printed on 11/10/2022
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Item #: 3.14. 11/15/2022 File #: 22-0669
phase (Phase 1) involves work to protect and stabilize the existing slope and work will start immediately after OCWD approval of a plan and cost. The final and additional slope and storm drain facility restoration work (Phase 2) will take place after the rainy season and tentatively in summer 2023.

Project construction for Phase 1 is anticipated to begin in November 2022, and the estimated duration is sixty (60) working days.

7. ATTACHMENTS
· Repair and Maintenance Agreement with OCWD
City of Orange Page 2 of 2 Printed on 11/10/2022
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REPAIR AND MAINTENANCE AGREEMENT
This REPAIR AND MAINTENANCE AGREEMENT (“Agreement”) is made and entered into effective as of this _____ day of ____________, 2022 (the “Effective Date”), by and between the CITY OF ORANGE, a municipal corporation (“City”) and ORANGE COUNTY WATER DISTRICT, a special governmental district of the State of California (“District”). The District and City are referred to below collectively as the “Parties.”

RECITALS
A. The District owns approximately __ acres of real property located at the northwest corner of Hewes Street and East Bond Avenue, City of Orange, California, as illustrated in the depiction set forth in Exhibit “1” (the “District Property”). District operates a groundwater recharge basin, commonly referenced as Bond Pit, on and adjacent to the District Property.

B. The City owns, operates and/or maintains certain drainage facilities on and/or near the District Property, including, but not limited to, pipes, drains, manholes and municipal separate storm sewer (MS4) drainage systems, as roughly depicted in Exhibit “2” (the “Drainage Facilities”), and such Drainage Facilities drain across the District Property and into Bond Pit.

C. The soil in portions of the District Property, including portions surrounding the Drainage Facilities, has become saturated and destabilized. This has caused extensive continuing damage to the District Property, including but not limited to increased soil instability and subsidence, settling, sinking, erosion and other movement of land or earth (“Land Failures”) on the District Property at Bond Pit, necessitating significant repairs.

D. The Parties agree that absent repairs, the Land Failures in and around the District Property, will continue, and the Parties have agreed to settle their dispute regarding the cause of, and responsibility for, the Land Failures by entering into this Agreement.

E. District and City desire to enter into this Agreement, whereby the Parties shall Repair1 the Drainage Facilities and adjacent slopes (the “Project”) and establish responsibility for future slope protection and maintenance of the Drainage Facilities. A detailed description of the Project, and required elements of same, is attached hereto as Exhibit “3”.

AGREEMENT
NOW, THEREFORE, in consideration of mutual promises set forth in this Agreement, the sufficiency of which is hereby acknowledged, and based on the facts stated in the Recitals above, which are incorporated herein as though fully set forth, the Parties agree to the following:

1. Plan Approvals. City shall cooperate with District in developing a plan for the Project (the “Plans”), consistent with Exhibit 3, that is acceptable to District and to City. 1 Repair, as that term is used with regard to the Project, shall include interim (“Phase I”) and long term (“Phase II”) actions reasonably required to stabilize the Drainage Facilities on the District Property and prevent additional Land Failures or other damage to District Property. 324
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1.1 Approvals. The Parties shall cooperate to obtain all final, written governmental approvals, entitlements, plans, maps and other rights necessary to develop and construct the Project (the “Approvals”), including any and all approvals, permits and/or entitlements necessary for the Project.

1.2 Cooperation. City agrees to reasonably cooperate with District by executing any documents as may be reasonably required in connection with District’s efforts to perform the work identified in the Plans and obtaining the Approvals, including, without limitation, any documents requested by District or any other governmental agency.

1.3 District agrees that the future design of the Phase II permanent repair shall be engineered to help both the City and District to identify and address potential operational issues and conduct necessary maintenance.

2. City Reimbursement of the Project Costs

2.1 Project Costs. As used herein “Project Costs” means all costs actually incurred by District and its consultants and contractors and all costs actually incurred by City for the planning, design, engineering, financing, construction/installation, inspection and management of the Project, including without limitation the following: (i) all costs incurred to prepare plans, drawings, specifications, and other design and engineering documents relating to the Project; (ii) any permitting, plan checking, processing, and inspection fees paid with respect to the Project; (iii) all costs to purchase equipment, materials, and supplies for the Project; (iv) the compensation paid to District’s contractor for the work performed pursuant to the Plans; (vi) District’s cost to obtain any performance, payment, and warranty bonds, letters of credit, or other securities for the Project; (vii) actual permit, inspection, supervision, and testing costs paid by District, independent third party engineers, architects, or consultants in conjunction with the design and construction of the Project; (viii) insurance costs incurred in connection with the Project; and (ix) costs of environment compliance and mitigation (if any) associated with the Project, including, but not limited to, any costs associated with California Environmental Quality Act (CEQA) compliance.

2.2 The Project Costs Will Occur in Two Phases. The Parties understand that Phase I Project costs will be incurred by District from on or around November 2022 to January 2023 to immediately stabilize the District Property, and to prevent and minimize any further damage to the District Property and the Drainage Facilities. After the District Property is stabilized, the Parties understand that District will incur Phase II Project costs on or about the Fall of 2023 to design and construct a permanent repair to District Property and the Drainage Facilities.

2.3 Phase I Reimbursement Payments by City. The Parties envision that District will contract for and execute the Project and be the lead agency for all purposes related thereto. City agrees to reimburse District for fifty percent (50%) of all of the Project Costs not to exceed $534,200. District shall comply with the following process for requesting a reimbursement payment for the Project Costs (any such payment a “Reimbursement Payment”). District may seek a Reimbursement Payment from the City by submitting to City a written request for a Reimbursement Payment and invoices or receipts which evidence the work completed and all expenses and labor costs associated therewith (collectively, a “Payment Request”). City shall review each Payment Request within ten (10) days after receipt and shall immediately provide 325
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District with written notice of any objection to the invoice. Within thirty (30) days after City’s review of the Payment Request, City shall provide the requested Reimbursement Payment to District for all undisputed amounts.2

2.4 Phase II Reimbursement Payments by City. The Parties agree that Reimbursement Payments for Phase II (permanent) Project Costs shall be made annually over 3 years, in equal installments, commencing upon completion of the Phase II Project.

3. Operation and Maintenance Responsibilities Upon Completion of Repair.

3.1 After completion of the Repair, City, as owner and operator of the Drainage Facilities on the District Property, shall maintain and be responsible for the costs of operating the Drainage Facilities that are located on District Property3. City agrees to operate its Drainage Facilities on District Property in a reasonably prudent manner, consistent with all federal, state and local laws. Within ninety (90) days of the Effective Date of this Agreement, District shall provide City with a license to access District Property which is of sufficient scope to allow City to operate and maintain the Drainage Facilities located on District Property. City shall notify District prior to any maintenance or repair activity necessitating entry onto District Property.

3.2 After completion of the Repair, District, as owner and operator of the groundwater recharge basin (Bond Pit), shall maintain and be responsible for the costs of operating its groundwater recharge facilities located on District Property. District agrees to operate its facilities in a reasonably prudent manner, consistent with all federal, state and local laws. District shall notify City prior to any maintenance or repair activity in the vicinity of the Drainage Facilities.

3.3 Each Party agrees to immediately notify the other Party if any damage or failure of the Drainage Facilities or slope, or other defective condition of the District Property, is observed, regardless of that Party’s maintenance responsibility.

3.4 After completion of the Repair, City shall not be responsible for maintenance or repair of any part of the slope on District Property except as such maintenance or repair is directly caused or necessitated by the operation of the Drainage Facilities. District shall not be responsible for maintenance or repair of any part of the Drainage Facilities except as such maintenance or repair is directly caused by the failure of District to properly maintain the slope on the District Property.
2 If City disputes any of the charges on the Payment Request from District, it may request additional documentation and details from District. Notwithstanding the disputed amount, City shall pay the undisputed portion of the Payment Request to District. Within fifteen (15) days of receipt of the additional documentation from District, City shall either (i) pay District the remaining portion of the Payment Request or (ii) deposit the amount in controversy in escrow with a reputable third party escrow, which amount shall remain undistributed until final decision by a court of competent jurisdiction or upon agreement of the parties. Any dispute regarding the Payment Request shall be resolved per Section 5.6 herein. 3 City shall be solely responsible for the costs of maintaining Drainage Facilities that exist outside of District Property.
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4. Reciprocal Indemnification.

4.1 City agrees to indemnify, defend, and hold harmless District, its respective officers, employees, agents and attorneys from and against any claims, actions, damages and liabilities arising out of or in any manner connected with any negligent or willful misconduct resulting from the action of City pursuant to this Agreement. No provision of this Agreement shall any way limit the extent of the responsibility of District for payment of damages from its own respective activities, errors or omissions in connection with such party’s duties and obligations under this Agreement.

4.2 District agrees to indemnify, defend, and hold harmless City, its respective officers, employees, agents and attorneys from and against any claims, actions, damages and liabilities arising out of or in any manner connected with any negligent or willful misconduct resulting from the action of District pursuant to this Agreement. No provision of this Agreement shall any way limit the extent of the responsibility of City for payment of damages from its own respective activities, errors or omissions in connection with such party’s duties and obligations under this Agreement.

5. Miscellaneous.

5.1 Notice. In the event that any notice is given under this Agreement, it shall be personally delivered, in which case it shall be effective upon delivery, or may be mailed by certified mail, which notice shall become effective three (3) days after mailing, to the addresses set forth below:

To District: Orange County Water District
18700 Ward St
Fountain Valley, CA 92708 3161
Attn: General Manager
Copy to: Rutan & Tucker, LLP
18575 Jamboree Road, 9th Floor
Irvine, CA 92612
Attn: Jeremy Jungreis, Esq.

To City: City of Orange
300 E Chapman Ave
Orange, CA 92866
Attn: Public Works Director
Copy to: City of Orange
300 E Chapman Ave
Orange, CA 92866
Attn: City Attorney
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Either party may change its address for notices by giving notice to the other party in the manner herein provided or may request that not more than two (2) additional copies of any notice be sent to addresses specified in a notice to the other party given pursuant to this Section.

5.2 Required Actions. City and District agree to execute such instruments and documents and to diligently undertake such actions that may be required in order to consummate the agreements contemplated herein.

5.3 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

5.4 Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the Parties hereto, or their designees.

5.5 Waiver. The waiver or failure to enforce any provisions of this Agreement shall not operate as a waiver of any future breach of any of the provisions or any other provision hereof.

5.6 Disputes and Dispute Resolution. If a dispute arises between the Parties in connection with, or arising out of this Agreement, the Parties shall first attempt to settle their disagreements through good faith negotiation, and then via mediation before a third-party neutral, prior to filing any litigation. Any litigation regarding this Agreement or the obligations of the Parties stated herein, shall be filed in the Superior Court for the County of Orange. In any litigation between the Parties arising out of this Agreement, each Party shall be responsible for their own costs and attorneys’ fees.

5.7 Severability. If any section of this Agreement is found by competent authority to be invalid, illegal or unenforceable in any respect and for any reason, the validity, legality and enforceability of the unaffected remainder of such section in every other respect and the remainder of the Agreement shall continue in effect.

5.8 Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter hereof, and all prior and contemporaneous agreements, representations, negotiations and understandings of the Parties, oral or written, are hereby superseded and merged herein or therein.

5.9 Exhibits. All exhibits attached hereto and referred to herein are expressly incorporated herein as though set forth at length.

5.10 No Presumption Against Drafting Party. This Agreement and the provisions contained herein shall not be construed or interpreted for or against any party hereto because said party drafted or caused the party’s legal representative to draft any of its provisions. This Agreement shall be construed without reference to the identity of the party or Parties preparing the same, it being expressly understood and agreed that the Parties hereto participated equally or had equal opportunity to participate in the drafting hereof. The Parties hereto acknowledge that each has read this Agreement; that they each fully understand their respective rights, privileges and duties under said Agreement; and that each enters into said Agreement freely and voluntarily. 328
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5.11 Warranty of Authority. Each officer of the District and the City affixing his or her signature to this Agreement warrants and represents by such signature that he or she has the full legal authority to bind his or her respective party to all of the terms, conditions and provisions of this Agreement, that his or her respective party has the full legal right, power, capacity and authority to enter into this Agreement and perform all of its provisions and obligations, and that no other approvals or consents are necessary in connection therewith.

5.12 Counterparts. This Agreement may be executed in one or more counterparts, by either an original signature or signature transmitted by facsimile or electronic transmission or other similar process, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

5.13 Force Majeure. Upon written notice by a Party, the respective duties and obligations of the Parties will be suspended for the time period that performance by the Party is prevented or substantially impeded by workforce strikes; riots; fire; flood; federal, state or county regulatory action; pandemics; war; or terrorism.

5.14 No Obligation to Third Parties. The approval, execution and performance of this Agreement does not confer any rights upon any person or entity other than District and City. There are no third-party beneficiaries to this Agreement.

5.15 Nature of Relationship. This Agreement does not create, and will not be construed or deemed to create, any agency, partnership, joint venture, landlord-tenant or other relationship between District and City except as specified in this Agreement.

5.16 Electronic Signatures. Any Party may execute this Agreement using an “electronic signature,” as that term is defined in California Civil Code Section 1633.2, or a “digital signature,” as defined by California Government Code Section 16.5. An electronic or digital signature will have full legal effect and enforceability. Nothing in this Agreement requires any Party to use or accept the submission of any subsequent or related document containing an electronic or digital signature where written notice is otherwise required by this Agreement.

5.17 Term and Termination: The term of this Agreement shall be for a period of thirty (30) years from the Effective Date, unless extended or sooner terminated by the Parties.

Termination prior to thirty years shall only be authorized upon mutual consent of the Parties or by action of the court pursuant to litigation.
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IN WITNESS WHEREOF, the Parties hereby duly execute this Reimbursement Agreement as of the date written above.

CITY OF ORANGE, a California municipal
corporation
By:

Mark A. Murphy, Mayor
ATTEST:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

GARY A. SHEATZ
City Attorney
By:

Gary A. Sheatz, City Attorney
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ORANGE COUNTY WATER DISTRICT
By _________________________________
Stephen Sheldon, Board President
By:

Michael R. Markus, General Manager
APPROVED AS TO FORM:

Jeremy Jungreis
General Counsel
By:

Jeremy Jungreis, General Counsel
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EXHIBIT “1”

DEPICTION OF DISTRICT PROPERTY
** IN PROGRESS **

EXHIBIT TO BE INSERTED PRIOR TO EXECUTION
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EXHIBIT “2”

DEPICTION OF DRAINAGE FACILITIES
** IN PROGRESS **

EXHIBIT TO BE INSERTED PRIOR TO EXECUTION
333
EXHIBIT “3”

DESCRIPTION OF PROJECT
** IN PROGRESS **

EXHIBIT TO BE INSERTED PRIOR TO EXECUTION
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Agenda Item
City Council
Item #: 3.15. 11/15/2022 File #: 22-0537
TO: Honorable Mayor and Members of the City Council
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Appropriation of $51,110.13 in Senior Mobility Program funds.

2. SUMMARY
Staff is recommending the appropriation of Measure M2 sales tax revenue in the amount of $51,110.13, received through the Senior Mobility Program administered by the Orange County Transportation Authority for the Senior Transportation Program.

3. RECOMMENDED ACTION
Authorize the appropriation of $51,110.13 from the Traffic Improvement-Measure M2 unreserved fund balance to the following expenditure accounts for Traffic Improvement-Measure M2:
$ 438.25 263.7041.51780.20412 Sr. Transportation 19-20
$ 490.28 263.7041.51780.30151 Sr. Transportation 20-21
$ 50,181.60 263.7041.51780.30175 Sr. Transportation 21-22

4. FISCAL IMPACT
The total appropriations for this program are funded by the revenue received from the Orange County Transportation Authority.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces.

6. DISCUSSION AND BACKGROUND
Measure M2 Funds through the Senior Mobility Program (SMP) The City entered into an agreement with Orange Elderly Services (OES) to administer the Senior Transportation Program using Measure M2 sales tax revenue funds, which the City receives from Orange County Transportation Authority (OCTA) through the Senior Mobility Program (SMP).

Historically, the City budgets for approximately $120,000 in annual Measure M2 revenues and expenditures for this program, based on estimated revenue OCTA provides to City staff. Any additional amount received must be appropriated through City Council action. Additionally, unspent revenue generates interest that the City must use toward the SMP. All funds are required to be spent within three years of receipt.

To date for the applicable program years, the City has collected and earned a total of $51,110.13 in SMP revenue and interest in excess of budgeted appropriations. For SMP revenue collected in City of Orange Page 1 of 2 Printed on 11/10/2022
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Item #: 3.15. 11/15/2022 File #: 22-0537
SMP revenue and interest in excess of budgeted appropriations. For SMP revenue collected in Fiscal Year 2019-20, the City earned a total of $438.25 in interest on SMP revenue over the budgeted amount. For SMP revenue collected in Fiscal Year 2020-2021, the City earned a total of $490.28 in interest. Additionally, the City collected revenue in excess of $49,576.05 of the Fiscal Year 2021-2022 appropriation and earned a total of $605.55 in interest on SMP revenue for the prior Fiscal Year. Therefore, a total of $51,110.13 in SMP revenue and interest needs to be appropriated to spend the funds within the three-year period.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 11/10/2022
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Agenda Item
City Council
Item #: 3.15. 11/15/2022 File #: 22-0537
TO: Honorable Mayor and Members of the City Council
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Appropriation of $51,110.13 in Senior Mobility Program funds.

4. FISCAL IMPACT
The total appropriations for this program are funded by the revenue received from the Orange County Transportation Authority.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces.

To date for the applicable program years, the City has collected and earned a total of $51,110.13 in SMP revenue and interest in excess of budgeted appropriations. For SMP revenue collected in City of Orange Page 1 of 2 Printed on 11/10/2022
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Item #: 3.15. 11/15/2022 File #: 22-0537
SMP revenue and interest in excess of budgeted appropriations. For SMP revenue collected in Fiscal Year 2019-20, the City earned a total of $438.25 in interest on SMP revenue over the budgeted amount. For SMP revenue collected in Fiscal Year 2020-2021, the City earned a total of $490.28 in interest. Additionally, the City collected revenue in excess of $49,576.05 of the Fiscal Year 2021-2022 appropriation and earned a total of $605.55 in interest on SMP revenue for the prior Fiscal Year. Therefore, a total of $51,110.13 in SMP revenue and interest needs to be appropriated to spend the funds within the three-year period.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 11/10/2022
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Agenda Item
City Council
Item #: 3.16. 11/15/2022 File #: 22-0617
TO: Honorable Mayor and Members of the City Council
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $17,578.26 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 $17,578.26 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES), into the revenue account numbers for CalOES reimbursements as specified in Section 6 of the staff report.

2. Authorize the appropriation of $17,038.61 into the expenditure account numbers for OvertimeSafety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $539.65 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, a Battalion Chief, or a Deputy Chief responding to an incident with their vehicle, as part of a multi-agency team. Individual Overhead resources respond to fill a specific role for an incident, such as Safety Officer or Line Emergency City of Orange Page 1 of 2 Printed on 11/10/2022
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Medical Technician (EMT).

Upon return from an incident, reimbursement paperwork and invoices are submitted to Cal-OES. The Fire Department recently received reimbursement payments for the OES Pre-Position #220001 for $8,550.06, and the Coastal Fire for $9,028.20. 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):
$ 8,550.06 .40296 - OES Pre-Position #220001
9,028.20 .40299 - Coastal Fire
$ 17,578.26
Overtime-Safety (expenditure account 100.3024.50221.xxxxx):
$ 8,135.07 .40296 - OES Pre-Position #220001
8,903.54 .40299 - Coastal Fire
$ 17,038.61
Strike Team (expenditure account 100.3024.53860.xxxxx):
$ 414.99 .40296 - OES Pre-Position #220001
124.66 .40299 - Coastal Fire
$ 539.65

7. ATTACHMENTS
· None.

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Agenda Item
City Council
Item #: 3.16. 11/15/2022 File #: 22-0617
TO: Honorable Mayor and Members of the City Council
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $17,578.26 in State of California Office of Emergency Services funding received.

3. RECOMMENDED ACTION

2. Authorize the appropriation of $17,038.61 into the expenditure account numbers for OvertimeSafety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $539.65 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, a Battalion Chief, or a Deputy Chief responding to an incident with their vehicle, as part of a multi-agency team. Individual Overhead resources respond to fill a specific role for an incident, such as Safety Officer or Line Emergency City of Orange Page 1 of 2 Printed on 11/10/2022
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Item #: 3.16. 11/15/2022 File #: 22-0617
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 #: 3.17. 11/15/2022 File #: 22-0635
TO: Honorable Mayor and Members of the City Council
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Appropriation of $33,700 in designated donation funding received from the Orange Public Library Foundation.

2. SUMMARY
This $33,700 donation will be used to purchase technology and furniture to enhance and expand the Library’s public spaces.

3. RECOMMENDED ACTION

1. Accept into the City’s budget a $33,700 donation from Orange Public Library Foundation, into revenue account number 100.2001.48390.19322, General Fund - Orange Public Library Foundation.

2. Authorize the appropriation of $33,700 into expenditure account number 100.2004.55131.19322, General Fund - Orange Public Library Foundation.

4. FISCAL IMPACT
The total appropriation for this donation are funded by the additional revenue received from the Orange Public Library Foundation.

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

6. DISCUSSION AND BACKGROUND
The Orange Public Library Foundation is donating $33,700 to enhance and expand the Library’s public spaces. Funds were donated during the “Raise Your Paddle” portion of the Foundation’s 2022 Library Legacy Awards & Celebration to activate library spaces. The donation will purchase technology for the study rooms at the Orange Public Library & History Center, El Modena, and Taft Branch Libraries that will support group project planning as well as career advancement goals. Funds will also purchase furniture and supplies to improve public programming spaces, such as the courtyard at El Modena Branch Library and the Salter Room at Taft Branch Library.

The Orange Public Library will publicize the Foundation’s contributions in a variety of ways, including plaques where appropriate, and credit for support on the Library’s website, flyers, and calendars.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.17. 11/15/2022 File #: 22-0635
TO: Honorable Mayor and Members of the City Council
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Appropriation of $33,700 in designated donation funding received from the Orange Public Library Foundation.

2. SUMMARY
This $33,700 donation will be used to purchase technology and furniture to enhance and expand the Library’s public spaces.

3. RECOMMENDED ACTION

1. Accept into the City’s budget a $33,700 donation from Orange Public Library Foundation, into revenue account number 100.2001.48390.19322, General Fund - Orange Public Library Foundation.

2. Authorize the appropriation of $33,700 into expenditure account number 100.2004.55131.19322, General Fund - Orange Public Library Foundation.

4. FISCAL IMPACT
The total appropriation for this donation are funded by the additional revenue received from the Orange Public Library Foundation.

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

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.18. 11/15/2022 File #: 22-0629
TO: Honorable Mayor and Members of the City Council
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Community Development Block Grant Fiscal Year 2022-2023 Sycamore and Palmyra Neighborhood Street Rehabilitation and Americans with Disabilities Act (ADA) Wheelchair Access Ramp Replacement at Various Locations; and authorization to advertise for bids.

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 and construction engineering (15%) is $690,000.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising Bid No. 22-23.17 (SP-4237).

4. FISCAL IMPACT
The total expenditure, including the 15% contingency and construction engineering, for this project is $690,000 and will be funded from Community Development Block Grant (310) through:

Sycamore and Palmyra Neighborhoods Street Rehabilitations (20500) $622,000 ADA Improvements (11328) 68,000
Total $690,000

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
The Federal Community Development Block Grant Program (CDBG) provides grant funds to enable eligible localities to construct public improvements in Low and Moderate Income Areas within their jurisdiction. Eligible activities include infrastructure upgrades such as street improvements. The proposed streets improvements qualify for CDBG funds and have been selected for rehabilitation.

The street segments are:

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Item #: 3.18. 11/15/2022 File #: 22-0629

1. Sycamore Avenue - Donneybrooke Street to Eckhoff Street

2. Ash Street - Sycamore Avenue to cul-de-sac

3. Holly Street - Maple Avenue to north end cul-de-sac

4. Holly Street - Maple Avenue to south end cul-de-sac

5. Lilac Lane - Culver Avenue to Orchard Avenue

6. Palmyra Avenue - Crest Street to Flower Street

7. Flower Street - Palmyra Avenue to Culver Avenue
These streets were rated in the Citywide Pavement Management Program with an average Pavement Condition Index (PCI) of 51 (out of a maximum score of 100) indicating the need for street rehabilitation. The scope of street rehabilitation includes: Americans with Disabilities Act (ADA) compliant access ramps, localized removal and replacement of the existing pavement, asphalt concrete overlay, removal and replacement of failed sections of curb and gutter, sidewalk, spandrels, and adjustment of manholes and water valve covers to grade.

This project will also include the construction of approximately 12 ADA compliant access ramps at various locations as shown on the Location Map. As part of this project, detectable warning surfaces (truncated domes) will be installed per the American with Disabilities Act Accessibility Guidelines (ADAAG) requirements.

The total project cost estimate is $690,000, including 15% for contingencies and construction engineering. At the time bids are received and actual bid prices are known, staff may request an additional appropriation to award the contract.

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. The CEQA Notice of Exemption will be filed with the County Clerk’s Office upon Council’s approval of the plans and specifications. The proposed project is also categorically excluded from the provisions of the National Environmental Policy Act (NEPA) under 24 CFR Section 58.35.

Construction is scheduled to begin in February 2023 and is expected to be completed within 60 calendar days. Specifications and cost estimates are available for review in the Public Works Department.

7. ATTACHMENTS
· Location Map
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Agenda Item
City Council
Item #: 3.18. 11/15/2022 File #: 22-0629
TO: Honorable Mayor and Members of the City Council
FROM: Christopher Cash, Public Works Director

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising Bid No. 22-23.17 (SP-4237).

Sycamore and Palmyra Neighborhoods Street Rehabilitations (20500) $622,000 ADA Improvements (11328) 68,000
Total $690,000

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.

The street segments are:

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Item #: 3.18. 11/15/2022 File #: 22-0629

1. Sycamore Avenue - Donneybrooke Street to Eckhoff Street

2. Ash Street - Sycamore Avenue to cul-de-sac

3. Holly Street - Maple Avenue to north end cul-de-sac

4. Holly Street - Maple Avenue to south end cul-de-sac

5. Lilac Lane - Culver Avenue to Orchard Avenue

6. Palmyra Avenue - Crest Street to Flower Street

Construction is scheduled to begin in February 2023 and is expected to be completed within 60 calendar days. Specifications and cost estimates are available for review in the Public Works Department.

7. ATTACHMENTS
· Location Map
City of Orange Page 2 of 2 Printed on 11/10/2022
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7/7/2022, 2:28:10 PM
Map
Location Map I
0 340 680 1,360 ft
1 2
3 4
5 1 - Sycamore Ave from Donneybrooke St to Eckhoff St
2 - Ash St from Sycamore Ave to cul-de-sac
3 - Holly St from Maple Ave to north/south cul-de-sac
4 - Palmyra Ave from Flower St to Main St
5 - Lilac Ln from Culver Ave to Orchard Ave
6 - Flower St from Culver Ave to Palmyra Ave
6 Street Rehab
349
Additional ADA Ramp Improvements Location Map
7/6/2022, 4:34:01 PM
0 0.05 0.1 0.2 mi
0 0.075 0.15 0.3 km
1:4,514
County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | µ
City of Orange - Engineering Design

CURB RAMP LOCATION
350
Agenda Item
City Council
Item #: 3.19. 11/15/2022 File #: 22-0616
TO: Honorable Mayor and Members of the City Council
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. Patricia L. Frost

2. Gad Herbert Ferrari Rivera

3. Refugio Lopez Alonso

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 Patricia L. Frost alleging personal injury when Claimant tripped and fell in an alleyway.

2. Claim for damages from Gad Herbert Ferrari Rivera alleging personal injury when Claimant was struck by a vehicle when crossing the street.

3. Claim for damages from Refugio Lopez Alonso alleging personal injury when Claimant tripped and fell on a utility access panel.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.19. 11/15/2022 File #: 22-0616
TO: Honorable Mayor and Members of the City Council
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. Patricia L. Frost

2. Gad Herbert Ferrari Rivera

3. Refugio Lopez Alonso

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 Patricia L. Frost alleging personal injury when Claimant tripped and fell in an alleyway.

2. Claim for damages from Gad Herbert Ferrari Rivera alleging personal injury when Claimant was struck by a vehicle when crossing the street.

3. Claim for damages from Refugio Lopez Alonso alleging personal injury when Claimant tripped and fell on a utility access panel.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.20. 11/15/2022 File #: 22-0576
TO: Honorable Mayor and Members of the City Council
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to CT&T Concrete Paving, Inc. for Plaza Park Safety Enhancement Project; Bid No. 22-23.13.

2. SUMMARY
Bids for the Plaza Park Safety Enhancement Project were received and opened on October 20, 2022. Five bidders responded to the notice inviting bids. The apparent low bidder is CT&T Concrete Paving, Inc. of Pomona, CA in the amount of $205,930.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $175,000 from the Capital Projects unreserved fund balance to expenditure account number 500.5032.56100.16302, Minor Traffic Control Devices.

2. Award the contract to CT&T Concrete Paving, Inc. in the total amount of $226,523 representing an original bid amount of $205,930, plus a 10% contingency of $20,593, for the Plaza Park Safety Enhancement Project; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this contract is $226,523 and will be funded in Minor Traffic Control Devices (16302) 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
As Old Towne Orange continues to transform into a regional destination, night-time traffic activity has increased substantially. At the same time, the combined effect of (1) the circular intersection’s geometry and (2) impaired drivers failing to navigate a traffic circle contributes to the potential of vehicle incursions into Plaza Park. Several provisional traffic safety improvements have been introduced over the years to address errant vehicles entering the park. These have included signs, pavement markings, and signal timing changes on the “spoke streets.” Despite these measures, incursions continue to occur and warrant additional actions to improve safety.

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Item #: 3.20. 11/15/2022 File #: 22-0576
The Plaza Park Safety Enhancement Project consists of the following improvements:
· Installation of crash-rated bollards along pedestrian walkways facing spoke streets. · Retrofitting existing Plaza Park perimeter bollards that face the street sections to be reinforced with concrete and steel rebar.
· Reconstruction of concrete walkways within reinforced bollard reconstruction areas with Old Towne color, finish, and scoring pattern.
· Installation of electrical service and up-lighting to illuminate crash-rated bollards within walkways and cross lighting of trees for additional motorist visibility.

Public Works and Community Development staff have consulted with both the Old Towne Preservation Association (OTPA) and the City’s Historic Preservation Consultant in developing the construction plan and selection of the bollard design and placement to ensure compatibility with the historic integrity of Plaza Park.

The City Council previously approved advertisement for bids on September 13, 2022. The bid solicitation was advertised on September 29, 2022, for a period of three weeks and bids were opened on October 20,2022.

Five (5) bids were received as follows:

1. CT&T Concrete Paving, Inc., Pomona, CA $205,930.00

2. Leonida Builders, Inc., Santa Clarita, CA $312,640.00

3. Gentry General Engineering, Inc, Rancho Cucamonga, CA $330,783.87

4. C.S. Legacy Construction, Inc, Walnut, CA $495,581.00

5. PALP, Inc DBA Excel Paving Company, Long Beach, CA $558,810.00 The apparent low bid is approximately 27% lower than the engineer’s estimate of $281,390. City staff has prepared the attached bid abstract. Staff checked the references and qualifications for CT&T Concrete Paving, Inc. and found them to be acceptable, with adequate years of experience in completing contracts of similar nature to this project. Therefore, staff recommends that CT&T Concrete Paving, Inc. be awarded the contract in the total amount of $226,523, representing an original amount of $205,930 plus a 10% contingency of $20,593, for the Plaza Park Safety Enhancement Project.

Construction is scheduled to begin in mid-January 2023 and is expected to be completed in 45 days barring any unforeseen delays from material procurement and weather.

7. ATTACHMENTS
· Bid Abstract
· Contract with CT&T Concrete Paving, Inc.

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Item #: 3.20. 11/15/2022 File #: 22-0576
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Agenda Item
City Council
Item #: 3.20. 11/15/2022 File #: 22-0576
TO: Honorable Mayor and Members of the City Council
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to CT&T Concrete Paving, Inc. for Plaza Park Safety Enhancement Project; Bid No. 22-23.13.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $175,000 from the Capital Projects unreserved fund balance to expenditure account number 500.5032.56100.16302, Minor Traffic Control Devices.

4. FISCAL IMPACT
The total expenditure for this contract is $226,523 and will be funded in Minor Traffic Control Devices (16302) 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.

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Item #: 3.20. 11/15/2022 File #: 22-0576
The Plaza Park Safety Enhancement Project consists of the following improvements:
· Installation of crash-rated bollards along pedestrian walkways facing spoke streets. · Retrofitting existing Plaza Park perimeter bollards that face the street sections to be reinforced with concrete and steel rebar.
· Reconstruction of concrete walkways within reinforced bollard reconstruction areas with Old Towne color, finish, and scoring pattern.
· Installation of electrical service and up-lighting to illuminate crash-rated bollards within walkways and cross lighting of trees for additional motorist visibility.

Five (5) bids were received as follows:

1. CT&T Concrete Paving, Inc., Pomona, CA $205,930.00

2. Leonida Builders, Inc., Santa Clarita, CA $312,640.00

3. Gentry General Engineering, Inc, Rancho Cucamonga, CA $330,783.87

4. C.S. Legacy Construction, Inc, Walnut, CA $495,581.00

Construction is scheduled to begin in mid-January 2023 and is expected to be completed in 45 days barring any unforeseen delays from material procurement and weather.

7. ATTACHMENTS
· Bid Abstract
· Contract with CT&T Concrete Paving, Inc.

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Item #: 3.20. 11/15/2022 File #: 22-0576
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City of Orange: Summary of Bid Abstracts for:
1 2 3 4 5
Bid No. 22-23.13
Date of Bid Opening: 10/20/22
Tel. No. (909) 629-8000 Tel. No. (909) 275-3354 Tel. No. (909) 330-1128 Tel. No. (909) 590-2626 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 1 Traffic Control 1 LS $ 30,000.00 $30,000.00 $4,500.00 $4,500.00 $22,000.00 $22,000.00 $27,682.61 $27,682.61 $75,901.00 $75,901.00 $123,000.00 $123,000.00 2 Sawcut and Remove Existing 4"
Concrete Paving (Contains 6"x6"
#10/#10 Welded Wire Mesh)
480 SF $ 8.00
$3,840.00 $8.00 $3,840.00 $15.00 $7,200.00 $13.20 $6,336.00 $10.00 $4,800.00 $10.00 $4,800.00 3 Sawcut and Remove Existing 8"
Concrete Paving (Contains 6"x6"
#10/#10 Welded Wire Mesh)
1,750 SF $ 10.00
$17,500.00 $12.00 $21,000.00 $18.00 $31,500.00 $18.04 $31,570.00 $13.00 $22,750.00 $21.00 $36,750.00 4 Construct 8" PCC Sidewalk with Old
Towne Finish
1,270 SF $ 15.00
$19,050.00 $22.00 $27,940.00 $22.00 $27,940.00 $32.76 $41,605.20 $93.00 $118,110.00 $38.00 $48,260.00 5 Install City Furnished Crash Rated
Shallow Mounted Bollards, Complete
in Place (Frame, Sleeve, Concrete) 1 LS $ 80,000.00
$80,000.00 $8,000.00 $8,000.00 $80,000.00 $80,000.00 $58,577.08 $58,577.08 $40,067.00 $40,067.00 $139,000.00 $139,000.00 6 Retrofit 4" Bollard Complete In Place
(Rebar Dowel, PVC, PCC, Welding) 20 EA $ 1,000.00
$20,000.00 $900.00 $18,000.00 $4,000.00 $80,000.00 $682.42 $13,648.40 $2,511.00 $50,220.00 $1,300.00 $26,000.00 7 Remove and Reconstruct Access
Ramp
2 EA $ 8,000.00
$16,000.00 $5,200.00 $10,400.00 $12,500.00 $25,000.00 $8,532.04 $17,064.08 $8,426.00 $16,852.00 $8,000.00 $16,000.00 8 Furnish and Install Landscape
Lighting, Complete in Place
1 LS $ 80,000.00
$80,000.00 $100,285.00 $100,285.00 $35,000.00 $35,000.00 $121,588.00 $121,588.00 $149,093.00 $149,093.00 $146,000.00 $146,000.00 9 Furnish and Install Flag Pole Lighting,
Complete in Place
1 LS $ 15,000.00
$15,000.00 $11,965.00 $11,965.00 $4,000.00 $4,000.00 $12,712.50 $12,712.50 $17,788.00 $17,788.00 $19,000.00 $19,000.00 TOTAL $281,390.00 $205,930.00 $312,640.00 $330,783.87 $495,581.00 $558,810.00

ENGINEER'S ESTIMATE
SP-4230 Plaza Park Safety Enhancements
CT&T Concrete Paving Inc. Leonida Builders, Inc. Gentry General Engineering, Inc C.S. Legacy Construction, Inc PALP, Inc DBA Excel Paving Company

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Orange City CouncilNovember 15, 2022

Orange City Council
November 15, 2022