Cities Index.
Agenda packet

Orange City Council
November 15, 2022

Document
Agenda packet
Meeting
November 15, 2022
Body
Orange City Council
Pages
63
Original file
276.0 MB
Text extracted from the city's file for reading and search. Open the original on cityoforange.legistar.com. That file is the official record.

CONTRACT
[Plaza Park Safety Enhancements (Bid No. 22-23.13)]
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 CT&T CONCRETE PAVING, INC., a California corporation (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed
a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two (2) bonds presented to City with this Contract and incorporated herein by this reference, Contractor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in good workmanship and substantial manner the work (the “Work”) described in:
(1) The Construction Plans for Steel Streetlight Replacement FY 2021-22 (Drawing SP-4230) prepared for City by Associate Civil Engineer Chris Mielke, approved by the “Engineer” (as defined herein below) on September 28, 2022, and consisting of sheets numbered 1 through 8, inclusive (the “Plans”);
(2) The latest edition of the "City of Orange Standard Plans and Specifications" (the “Orange Book”) with the term "Engineer," as used in the Orange Book and in this Contract, to specifically include the City Engineer (or his/her designee); (3) The "Standard Specifications for Public Works Construction” (the “Green Book”), and all amendments thereto;
(4) The “ Project Specifications, SP-4230”
(5) The “Project Special Provisions;”
(6) The Standard Plans; and
(7) Contractor’s Bid Proposal, which is on file with City’s Department of Public Works.
b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Green Book and City of Orange Standard Special Provisions and Standard Plans are on file with City’s Public Works Director and are hereby specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges that it has read, reviewed and understands the Plans, the Orange Book, the Green Book, the Special Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of which documents shall be referred to herein collectively as the “Plans and Specifications.” 360
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 Principal Engineer, Randy Nguyen (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Public Works Director may designate from time to time, that Contractor shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, 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 ten (10) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within Forty-Five (45) calendar days from such date, unless legal extension is granted in accordance with the terms set forth in the Green Book. Time is of the essence in this Contract.

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

ARTICLE 3
Compensation
a. Contractor agrees to receive and accept an amount not to exceed TWO HUNDRED FIVE THOUSAND NINE HUNDRED THIRTY DOLLARS and 00/100 ($205,930.00) unless said amount is amended by Contract Change Order approved by the City, as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in 361
3 the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.
b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of TWENTY-THOUSAND FIVE HUNDRED NINETY-THREE DOLLARS and 00/100 ($20,593.00) has been added to the total compensation of this Contract. The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such Work or services.
c. The total amount of compensation under this Contract, including contingencies, shall not exceed TWO HUNDRED TWENTY-SIX THOUSAND FIVE HUNDRED TWENTYTHREE DOLLARS and 00/100 ($ 226,523.00).

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 362
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 363
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.”
364
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. 365
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.
b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.
(1) General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the general aggregate
limit shall be twice the required
occurrence limit.
(2) Automobile Liability $1,000,000 per accident for bodily injury and property damage.
366
8 (3) Workers’ Compensation as required by the State of California. (4) Employer’s Liability $1,000,000 per accident for bodily injury or disease. c. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. d. Any deductibles or 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.
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. 367
9 h. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Contract unless otherwise directed by City. In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom by way of set-off from any sums owed Contractor. i. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.

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

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

ARTICLE 14
Maintenance and Inspection of Records
In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Contract. During the term of this Contract and for a period of three (3) years after termination or completion of this Contract, City shall have the right to inspect and/or audit Contractor's records pertaining to the performance of this Contract at Contractor's office. Contractor shall make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.

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.
368
10 b. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Contract comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and (2) Has not and will not knowingly employ any individual to perform services under this Contract who is ineligible to work in the United States or under the terms of this Contract; and
(3) Has properly maintained, and shall at all times during the term of this Contract properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and
(4) Has responded, and shall at all times during the term of this Contract respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration. c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services under this Contract.
d. Contractor shall, upon request of City, provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract. e. If Contractor, or a subcontractor or subconsultant, knowingly employs an employee providing Work under this Contract who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, such shall constitute a material breach of this Contract and may be cause for immediate termination of this Contract by City.
f. Contractor shall indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City 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. 369
11 ARTICLE 17
Integration and Amendment
a. This Contract constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the Work to be performed under this Contract shall be of any force or effect unless it is in writing and signed by both parties. Any Work performed which is inconsistent with or in violation of the provisions of this Contract shall not be compensated. b. Amendments to this Contract must be in writing and signed by both parties. The City Manager is authorized to execute amendments to this Contract up to the amounts specified in Chapter 3.08 of the Orange Municipal Code.

ARTICLE 18
Notice
Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
CT&T Concrete Paving, Inc. City of Orange
1054 E. Third Street 300 E. Chapman Avenue
Pomona, CA 91766 Orange, CA 92866-1591
Attn: Jose Carvajal Attn: Randy Nguyen
Telephone: 909-629-8000 Telephone: 714-744-5531
E-Mail: [email protected] E-Mail: [email protected] ARTICLE 19
Claim Resolution
City and Contractor agree that the claim resolution process applicable to any claim by Contractor in connection with the Work provided herein shall be subject to the procedures set forth in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and incorporated herein by this reference.

ARTICLE 20
Counterparts
This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures. 370
12 “CITY”

CONTRACT, BONDS AND INSURANCE
APPROVED BY:

Mary E. Binning
Senior Assistant City Attorney
CITY OF ORANGE, a municipal corporation
By:

Mark A. Murphy
Mayor of the City of Orange
ATTEST:

Pamela Coleman, City Clerk
“CONTRACTOR”
CT&T CONCRETE PAVING, 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:
371
Attachment No. 1

Page 1 of 13 ends

ATTACHMENT NO. 1

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

Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
372
Attachment No. 1

Page 2 of 13 ends

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

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

This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 373
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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) 374
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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. 375
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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 377
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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. 378
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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. 379
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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 380
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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 381
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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 383
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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.
384
Attachment No. 2

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ATTACHMENT NO. 2
CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204
Section 9204. Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process (Eff: January 1, 2017) (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 385
Attachment No. 2

Page 2 of 3 ends

(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. 386
Attachment No. 2

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(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 387
Agenda Item
City Council
Item #: 3.21. 11/15/2022 File #: 22-0621
TO: Honorable Mayor and Members of the City Council
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Towo Enterprise, Inc. for Annual Concrete Replacement at Various Locations, Phase I, FY 2022-23; Bid No. 22-23.09.

2. SUMMARY
Three bids for the Annual Concrete Replacement at Various Locations, Phase I, FY 2022-23 project were received and opened on October 6, 2022. The apparent low bidder is Towo Enterprise, Inc. of Fullerton, California in the amount of $422,900.

3. RECOMMENDED ACTION
Approve the contract with Towo Enterprise, Inc. in the amount of $486,335, representing an original bid amount of $422,900, plus a 15% contingency of $63,435; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this contract is $486,335 and will be funded in Citywide Sidewalk Assessment Program (20441) and operating expenditures through Measure M (263).

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

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

6. DISCUSSION AND BACKGROUND
The Annual Concrete Replacement Project Phase I includes a component of the annual maintenance services citywide on a scale large enough that these services require an outside contractor. As such, this contract is funded from both the Operations, and Capital Improvement Project (CIP) budgets previously approved by Council.

The formal bid solicitation was advertised on September 22 and September 29, 2022. Bids were opened on October 6, 2022. Three bids were received as follows:

1. Towo Enterprise, Inc. of Fullerton, CA $422,900

2. Gentry General Engineering, Inc. of Rancho Cucamonga, CA $446,850 City of Orange Page 1 of 2 Printed on 11/10/2022
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Item #: 3.21. 11/15/2022 File #: 22-0621

3. Leonida Builders, Inc. of Santa Clarita, CA $497,800 The bid amount is about 15% lower than the Engineer Estimate of $500,000. Staff checked the references and qualifications for Towo Enterprise, 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 Towo Enterprise, Inc. be awarded the contract in the total amount of $486,355, representing an original amount of $422,900, plus a contingency of $63,435, for the Annual Concrete Replacement at Various Locations, Phase I, FY 2022-23.

Construction is scheduled to begin in January 2023 and expected to be completed within 90 days.

7. ATTACHMENTS
· Bid Abstract
· Contract with Towo Enterprise, Inc.

City of Orange Page 2 of 2 Printed on 11/10/2022
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Agenda Item
City Council
Item #: 3.21. 11/15/2022 File #: 22-0621
TO: Honorable Mayor and Members of the City Council
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Towo Enterprise, Inc. for Annual Concrete Replacement at Various Locations, Phase I, FY 2022-23; Bid No. 22-23.09.

2. SUMMARY
Three bids for the Annual Concrete Replacement at Various Locations, Phase I, FY 2022-23 project were received and opened on October 6, 2022. The apparent low bidder is Towo Enterprise, Inc. of Fullerton, California in the amount of $422,900.

3. RECOMMENDED ACTION
Approve the contract with Towo Enterprise, Inc. in the amount of $486,335, representing an original bid amount of $422,900, plus a 15% contingency of $63,435; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this contract is $486,335 and will be funded in Citywide Sidewalk Assessment Program (20441) and operating expenditures through Measure M (263).

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

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

6. DISCUSSION AND BACKGROUND
The Annual Concrete Replacement Project Phase I includes a component of the annual maintenance services citywide on a scale large enough that these services require an outside contractor. As such, this contract is funded from both the Operations, and Capital Improvement Project (CIP) budgets previously approved by Council.

The formal bid solicitation was advertised on September 22 and September 29, 2022. Bids were opened on October 6, 2022. Three bids were received as follows:

1. Towo Enterprise, Inc. of Fullerton, CA $422,900

2. Gentry General Engineering, Inc. of Rancho Cucamonga, CA $446,850 City of Orange Page 1 of 2 Printed on 11/10/2022
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Item #: 3.21. 11/15/2022 File #: 22-0621

3. Leonida Builders, Inc. of Santa Clarita, CA $497,800 The bid amount is about 15% lower than the Engineer Estimate of $500,000. Staff checked the references and qualifications for Towo Enterprise, 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 Towo Enterprise, Inc. be awarded the contract in the total amount of $486,355, representing an original amount of $422,900, plus a contingency of $63,435, for the Annual Concrete Replacement at Various Locations, Phase I, FY 2022-23.

Construction is scheduled to begin in January 2023 and expected to be completed within 90 days.

7. ATTACHMENTS
· Bid Abstract
· Contract with Towo Enterprise, Inc.

City of Orange Page 2 of 2 Printed on 11/10/2022
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City of Orange: Summary of Bid Abstracts for:
1 2 3
Bid No. 22-23.09; Project No. SP-4221
Date of Bid Opening: 10/6/2022
Tel. No. (714) 770-0379 Tel. No. (909) 330-1128 Tel. No. (909) 275-3354 NO. DESCRIPTION OF WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Sawcut, Remove and Replace Existing
Residential/Arterial Sidewalk Per City
Standard Plan No. 118 & 120
SF 18.00 22,000 $
$396,000.00 $15.00 $330,000.00 $15.00 $330,000.00 $18.00 $396,000.00 2 Sawcut & Remove Existing and Construct
Residential/Arterial Concrete Curb and
Gutter, Type A per City Standard Plan No.
117 (8" or Match Existing Curb Height)
LF 75.00 800 $
$60,000.00 $68.00 $54,400.00 $107.00 $85,600.00 $100.00 $80,000.00 3 Remove Existing and Construct
Residential Concrete Driveway Apron Per
City City Standard Plan No. 116
SF 30.00 800 $
$24,000.00 $20.00 $16,000.00 $25.00 $20,000.00 $16.00 $12,800.00 4 Residential and Arterial Sidewalk
Grinding SF 27.00 750 $ $20,250.00 $30.00 $22,500.00 $15.00 $11,250.00 $12.00 $9,000.00 Total $500,250.00 $422,900.00 $446,850.00 $497,800.00

ENGINEER'S ESTIMATE
Annual Concrete Replacement at Various Locations, Phase I, FY 2022-23
Towo Enterprise, Inc. Gentry General Engineering, Inc. Leonida Builders, Inc.

Page 1 of 1 ends

CONTRACT
[Annual Concrete Replacement at Various Locations,
Phase I, FY 2022-23 (Bid No. 22-23.09)]
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 TOWO ENTERPRISE 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.” 393
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 Public Works Deputy Director, Alan Truong (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Public Works Director may designate from time to time, that Contractor shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Public Works Director. f. It is expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and Contractor’s Bid Proposal, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid Proposal conflicting herewith.
g. Contractor agrees that it has an obligation to reset all permanent survey markers as stated in the Orange Book, Part 4, Section 400-2, “Permanent Survey Markers,” and obtain the approval for pre- and post-construction centerline tie sheets and Corner Records from the County of Orange and deliver said approved documents to City as soon as they are received. This obligation extends to any of its subcontractors that have performed work in this regard. This subsection survives completion of the Work, the Notice of Completion, and final payment and shall be an enforceable obligation until fulfilled.]
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 ninety (90) 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. 394
3 ARTICLE 3
Compensation
a. Contractor agrees to receive and accept an amount not to exceed FOUR HUNDRED TWENTY-TWO THOUSAND NINE HUNDRED DOLLARS and 00/100 ($422,900.00) as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be 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 SIXTY-THREE THOUSAND FOUR HUNDRED THIRTY-FIVE DOLLARS and 00/100 ($63,435.00) 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 FOUR HUNDRED EIGHTY-SIX THOUSAND THREE HUNDRED THIRTY-FIVE DOLLARS and 00/100 ($486,335.00).

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. 395
4 ARTICLE 5
Guarantees
a. Contractor guarantees the construction and installation of all Work included in the Plans and Specifications for which Contractor has been awarded this Contract. b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty equipment, workmanship, materials furnished or methods of installations, or should said Work or any part thereof fail to function properly, as designed, due to any of the above causes within twelve (12) months after the date on which said Work is accepted by City, Contractor shall make repairs and furnish such materials and equipment as are necessary to be furnished and installed within fifteen (15) calendar days after the receipt of a demand from City.
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.
396
5 b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the office of City’s Director of Public Works. Contractor hereby acknowledges that it has read, reviewed and understands the Permit, the DAMP and the Model Maintenance Procedures, as they relate to the Work and hereby shall perform the Work in conformance therewith.

ARTICLE 7
Independent Contractor; Contractor not Agent
a. At all times during the term of this Contract, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor’s services rendered pursuant to this Contract. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Contract. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters 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 397
6 and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions. c. Contractor shall secure the payment of compensation to its employees in accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
d. Contractor shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or “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. 398
7 c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any Work covered by this Contract, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

ARTICLE 10
Conflicts of Interest
Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code. Contractor further agrees that it shall not be eligible to work as the builder for any project for which the design work is part of this Contract.

ARTICLE 11
Indemnity
Contractor shall defend, indemnify and hold harmless City and its officers, officials, agents, and employees from and against:
a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which 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.
399
8 b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.
(1) General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the general aggregate
limit shall be twice the required
occurrence limit.
(2) Automobile Liability $1,000,000 per accident for bodily injury and property damage.
(3) Workers’ Compensation as required by the State of California. (4) Employer’s Liability $1,000,000 per accident for bodily injury or disease. c. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. d. Any deductibles or self-insured retentions must be declared to and 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.
400
9 (2) For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance with respect to City, its officers, officials, agents and employees. Any insurance or self-insurance maintained by City, its officers, officials, agents and employees shall be excess of Contractor’s insurance and shall not contribute with it. (3) Coverage shall not be canceled, except after thirty (30) days’ prior written notice has been provided to City.
f. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Article 12. The endorsements shall be on forms acceptable to City. All certificates and endorsements are to be received and approved by City before the Work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
g. All insurance procured and maintained by Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. h. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Contract unless otherwise directed by City. 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 401
10 this Contract, unless such termination shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

ARTICLE 14
Maintenance and Inspection of Records
In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Contract. During the term of this Contract and for a period of three (3) years after termination or completion of this Contract, City shall have the right to inspect and/or audit Contractor's records pertaining to the performance of this Contract at Contractor's office. Contractor shall make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.

ARTICLE 15
Compliance with Laws
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by Contractor or any subcontractor hereunder.
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.
402
11 d. Contractor shall, upon request of City, provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract. e. If Contractor, or a subcontractor or subconsultant, knowingly employs an employee providing Work under this Contract who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, such shall constitute a material breach of this Contract and may be cause for immediate termination of this Contract by City.
f. Contractor shall indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor’s failure to comply with said laws, rules and regulations in connection with the performance of this Contract.

ARTICLE 16
Governing Law and Venue
This Contract shall be construed in accordance with and governed by the laws of the State of California and Contractor shall submit to the 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 403
12 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”
Towo Enterprise Inc City of Orange
2536 Fender Ave., Suite D 300 E. Chapman Avenue
Fullerton, CA 92831 Orange, CA 92866-1591
Attn: Yun Su Chung, President Attn: Alan Truong
Telephone: 714-770-0379 Telephone: 714-532-6487
E-Mail: [email protected] E-Mail: [email protected] ARTICLE 19
Claim Resolution
City and Contractor agree that the claim resolution process applicable to any claim by Contractor in connection with the Work provided herein shall be subject to the procedures set forth in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and incorporated herein by this reference.

ARTICLE 20
Counterparts
This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures. [Remainder of page intentionally left blank; signatures on next page] 404
13 “CITY”

CONTRACT, BONDS AND INSURANCE
APPROVED BY:

Mary E. Binning
Senior Assistant City Attorney
CITY OF ORANGE, a municipal corporation
By:

Mark A. Murphy
Mayor of the City of Orange
ATTEST:

Pamela Coleman, City Clerk
“CONTRACTOR”
TOWO ENTERPRISE 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:
405
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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. 407
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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) 408
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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. 409
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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 411
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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. 412
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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. 413
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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 414
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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 415
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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 417
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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.
418
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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. 419
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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. 420
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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. 421
Agenda Item
City Council
Item #: 3.22. 11/15/2022 File #: 22-0615
TO: Honorable Mayor and Members of the City Council
FROM: Christopher Cash, Public Works Director

1. SUBJECT
First Amendment to Contract with RS Construction and Development, Inc.; and Final Acceptance of Bid No. 21-22.22, Public Works and Community Development Front Counter Remodel Project and authorization to file Notice of Completion.

2. SUMMARY
The City of Orange has entered into a contract with RS Construction and Development, Inc. for the Public Works and Community Development Front Counter Remodel Project. Extra work has been added at an agreed upon lump sum in the amount of $57,500. The work has been completed to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $57,500 from the Capital Projects unreserved fund balance to expenditure account number 500.5028.56020.20408 Capital Projects - Public Works and Community Development Front Counter Remodel.

2. Approve the First Amendment to Contract in the amount of $57,500 to RS Construction and Development, Inc. for the additional work and authorize the Mayor and City Clerk to execute on behalf of the City.

3. Accept Public Works and Community Development Front Counter Remodel Project as complete (SP-4097), and authorize staff to file Notice of Completion with the County Recorder.

4. FISCAL IMPACT
The total expenditure for this project is $303,400 and will be funded in Public Works and Community Development Front Counter Remodel (20408) through:

Major Building Improvements (725) $245,900
Capital Projects (500) 57,500
TOTAL $303,400

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 #: 3.22. 11/15/2022 File #: 22-0615

6. DISCUSSION AND BACKGROUND
The City Council awarded the Public Works and Community Development Front Counter Remodel Project on April 12, 2022, to RS Construction and Development, Inc. The original scope of work included remodel of the Public Works and Community Development front counter and public lobby to provide a welcoming and attractive environment for the public, as well as to provide a work area that will better serve the public and staff.

During construction, additional remodel work was identified to assist in consolidating staffing within the City Attorney Office. This extra work was added to this contact. The work has been completed to the satisfaction of the Public Works Department. Staff is recommending that the City Council approves First Amendment to Contract in the amount of $57,500.

The original awarded contract amount for RS Construction and Development, Inc. was $245,900.

The First Amendment to Contract represent a 23% increase from the original awarded contract amount bringing the total awarded contract amount to $303,400.

7. ATTACHMENTS
· First Amendment to Contract
· Notice of Completion and Acceptance
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Agenda Item
City Council
Item #: 3.22. 11/15/2022 File #: 22-0615
TO: Honorable Mayor and Members of the City Council
FROM: Christopher Cash, Public Works Director

1. SUBJECT
First Amendment to Contract with RS Construction and Development, Inc.; and Final Acceptance of Bid No. 21-22.22, Public Works and Community Development Front Counter Remodel Project and authorization to file Notice of Completion.

2. SUMMARY
The City of Orange has entered into a contract with RS Construction and Development, Inc. for the Public Works and Community Development Front Counter Remodel Project. Extra work has been added at an agreed upon lump sum in the amount of $57,500. The work has been completed to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $57,500 from the Capital Projects unreserved fund balance to expenditure account number 500.5028.56020.20408 Capital Projects - Public Works and Community Development Front Counter Remodel.

2. Approve the First Amendment to Contract in the amount of $57,500 to RS Construction and Development, Inc. for the additional work and authorize the Mayor and City Clerk to execute on behalf of the City.

3. Accept Public Works and Community Development Front Counter Remodel Project as complete (SP-4097), and authorize staff to file Notice of Completion with the County Recorder.

4. FISCAL IMPACT
The total expenditure for this project is $303,400 and will be funded in Public Works and Community Development Front Counter Remodel (20408) through:

Major Building Improvements (725) $245,900
Capital Projects (500) 57,500
TOTAL $303,400

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.

City of Orange Page 1 of 2 Printed on 11/10/2022
powered by Legistar™424
Item #: 3.22. 11/15/2022 File #: 22-0615

6. DISCUSSION AND BACKGROUND
The City Council awarded the Public Works and Community Development Front Counter Remodel Project on April 12, 2022, to RS Construction and Development, Inc. The original scope of work included remodel of the Public Works and Community Development front counter and public lobby to provide a welcoming and attractive environment for the public, as well as to provide a work area that will better serve the public and staff.

During construction, additional remodel work was identified to assist in consolidating staffing within the City Attorney Office. This extra work was added to this contact. The work has been completed to the satisfaction of the Public Works Department. Staff is recommending that the City Council approves First Amendment to Contract in the amount of $57,500.

The original awarded contract amount for RS Construction and Development, Inc. was $245,900.

The First Amendment to Contract represent a 23% increase from the original awarded contract amount bringing the total awarded contract amount to $303,400.

7. ATTACHMENTS
· First Amendment to Contract
· Notice of Completion and Acceptance
City of Orange Page 2 of 2 Printed on 11/10/2022
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FIRST AMENDMENT
TO

CONTRACT
[Public Works and Community Development Front Counter
Remodel Project (Bid No. 21-22.22; SP-4097)]
THIS FIRST AMENDMENT TO CONTRACT (the “First Amendment”) is made and entered into as of ______________, 2022, by and between the CITY OF ORANGE, a municipal corporation (“City”), and RS CONSTRUCTION & DEVELOPMENT INC, a California corporation (“Contractor”), with reference to the following.

A. City and Contractor entered into a Contract (Agreement No. 7364) dated May 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, reflect the First Extension Term 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 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. Time for Completion. Pursuant to Article 2 of the Original Contract, the City hereby extends the time for completion of Work under this Contract to September 8, 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 FIFTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS AND 00/100 ($57,500.00) and Article 3 is hereby amended in its entirety to read as follows:
“Contractor agrees to receive and accept an amount not to exceed THREE

HUNDRED THREE THOUSAND FOUR HUNDRED DOLLARS AND
00/100 ($303,400.00) as the total amount of 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 426
2 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.”
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.
[Remainder of page intentionally left blank; signatures on next page] 427
3 IN WITNESS of this Contract, the parties enter into this Contract on the year and day first above written.
“CONTRACTOR” “CITY”
RS CONSTRUCTION & DEVELOPMENT INC, CITY OF ORANGE, a municipal corporation a California corporation
*By: By:

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

Printed Name:

Title:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney
*NOTE: If CONTRACTOR is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 428
429

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Orange
300 East Chapman Avenue
Orange, California 92866
Attention: City Clerk
[Space above this line for Recorder’s use only.]

THIS DOCUMENT IS RECORDED AT THE

REQUEST AND FOR THE BENEFIT OF THE CITY

OF ORANGE AND IS EXEMPT FROM THE

PAYMENT OF A RECORDING FEE PURSUANT
TO GOVERNMENT CODE SECTIONS 6103 AND
27383.

NOTICE OF COMPLETION AND ACCEPTANCE
NOTICE IS HEREBY GIVEN that work on that certain public work and improvements known as “Public Works and Community Development Front Counter Remodel (Bid No. 21-22.22; SP-4097)” (herein referred to as the “Project”), for the owner, the City of Orange, a municipal corporation (herein referred to as the “City”), whose address is 300 E.

Chapman Avenue, Orange, CA 92866, was completed and accepted by the City Council of the City of Orange on November 15, 2022 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project is at 300 E. Chapman Avenue in the City of Orange, State of California. The Contractor who performed (or caused to be performed) said public work and improvements was RS Construction & Development Inc., a California Corporation, with its principal office at 218 West E Street, in the City of Ontario, State of California.

The name of the surety on the Labor and Material Bond for the Project is The Ohio Casualty Insurance Company of New Hampshire (Bond# 024253473) in the amount of $245,900.00.

DATED as of the 15th day of November, 2022. CITY OF ORANGE, a municipal corporation By:

Mark A. Murphy
Mayor of the City of Orange

STATE OF CALIFORNIA

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

DATED as of the 15th day of November, 2022 at Orange, California.

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

Pamela Coleman, City Clerk of the City of Orange
430
Agenda Item
City Council
Item #: 3.23. 11/15/2022 File #: 22-0638
TO: Honorable Mayor and Members of the City Council
FROM: Christopher Cash, Public Works Director

1. SUBJECT
First Amendment to Contract with Gentry General Engineering, Inc.; Final Acceptance of Bid No. 21-

22.38, Chapman Ave. and Yorba St. Sidewalk Repair; and authorization to file Notice of Completion.

2. SUMMARY
The City of Orange has entered into a contract with Gentry General Engineering, Inc. for the Chapman Ave. and Yorba St. Sidewalk Repair project. Extra work has been added at an agreed upon lump sum in the amount of $37,525.99. The work has been completed to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION

1. Approve the First Amendment to Contract with Gentry General Engineering, Inc. in the amount of $37,525.99 for the additional work; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Accept Chapman Ave. and Yorba St. Sidewalk Repair Project as complete (SP-4212) and authorize staff to file Notice of Completion with the County Recorder.

4. FISCAL IMPACT
The total expenditure for this project is $176,450.99 and will be funded in Pavement Management Program (13120) through Measure M2 (263).

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

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

6. DISCUSSION AND BACKGROUND
The City Council awarded the Chapman Ave. and Yorba Street Sidewalk Repair Project on July 12, 2022, to Gentry General Engineering, Inc. The original scope of work included the repair of a portion of sidewalk, curb, and gutter along Chapman Ave. near the intersection of Chapman Ave. and Yorba St.

During construction, additional work was identified to mitigate the impact of settlement in the localized area. This extra work was added to this contact. The work has been completed to the satisfaction of the Public Works Department. Staff is recommending City Council approve First City of Orange Page 1 of 2 Printed on 11/10/2022
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Item #: 3.23. 11/15/2022 File #: 22-0638
satisfaction of the Public Works Department. Staff is recommending City Council approve First Amendment to Contract in the amount of $37,525.99.

The original awarded contract amount for Gentry General Engineering, Inc. was $138,925.00. The First Amendment to Contract represent a 27% increase from the original awarded contract amount bringing the total awarded contract amount to $176,450.99.

7. ATTACHMENTS
· First Amendment to Contract
· Notice of Completion and Acceptance
City of Orange Page 2 of 2 Printed on 11/10/2022
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Agenda Item
City Council
Item #: 3.23. 11/15/2022 File #: 22-0638
TO: Honorable Mayor and Members of the City Council
FROM: Christopher Cash, Public Works Director

1. SUBJECT
First Amendment to Contract with Gentry General Engineering, Inc.; Final Acceptance of Bid No. 21-

22.38, Chapman Ave. and Yorba St. Sidewalk Repair; and authorization to file Notice of Completion.

2. SUMMARY
The City of Orange has entered into a contract with Gentry General Engineering, Inc. for the Chapman Ave. and Yorba St. Sidewalk Repair project. Extra work has been added at an agreed upon lump sum in the amount of $37,525.99. The work has been completed to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION

1. Approve the First Amendment to Contract with Gentry General Engineering, Inc. in the amount of $37,525.99 for the additional work; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Accept Chapman Ave. and Yorba St. Sidewalk Repair Project as complete (SP-4212) and authorize staff to file Notice of Completion with the County Recorder.

4. FISCAL IMPACT
The total expenditure for this project is $176,450.99 and will be funded in Pavement Management Program (13120) through Measure M2 (263).

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

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

6. DISCUSSION AND BACKGROUND
The City Council awarded the Chapman Ave. and Yorba Street Sidewalk Repair Project on July 12, 2022, to Gentry General Engineering, Inc. The original scope of work included the repair of a portion of sidewalk, curb, and gutter along Chapman Ave. near the intersection of Chapman Ave. and Yorba St.

During construction, additional work was identified to mitigate the impact of settlement in the localized area. This extra work was added to this contact. The work has been completed to the satisfaction of the Public Works Department. Staff is recommending City Council approve First City of Orange Page 1 of 2 Printed on 11/10/2022
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Item #: 3.23. 11/15/2022 File #: 22-0638
satisfaction of the Public Works Department. Staff is recommending City Council approve First Amendment to Contract in the amount of $37,525.99.

The original awarded contract amount for Gentry General Engineering, Inc. was $138,925.00. The First Amendment to Contract represent a 27% increase from the original awarded contract amount bringing the total awarded contract amount to $176,450.99.

7. ATTACHMENTS
· First Amendment to Contract
· Notice of Completion and Acceptance
City of Orange Page 2 of 2 Printed on 11/10/2022
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FIRST AMENDMENT
TO

CONTRACT
[Chapman Ave. and Yorba St. Sidewalk Repair (Bid No. 21-22.38] THIS FIRST AMENDMENT TO CONTRACT (the “First Amendment”) is made and entered into as of ______________, 2022, by and between the CITY OF ORANGE, a municipal corporation (“City”), and GENTRY GENERAL ENGINEERING, INC., a California corporation (“Contractor”), with reference to the following.

A. City and Contractor entered into a Contract (Agreement No. AGR-7392) dated July 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 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. 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 TWENTYTHREE THOUSAND SIX HUNDRED THIRTY-THREE DOLLARS and 49/100 ($23,633.49) 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 ONE

HUNDRED SIXTY-TWO THOUSAND FIVE HUNDRED FIFTY-EIGHT
DOLLARS and 49/100 ($162,558.49) as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract.

Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.”
435
2 “c. The total amount of compensation under this Contract, including contingencies, shall not exceed ONE HUNDRED SEVETY-SIX THOUSAND FOUR HUNDRED FIFTY DOLLARS and 99/100 ($176,450.99).”
Section 4. 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.

IN WITNESS of this Contract, the parties enter into this Contract on the year and day first above written.
“CONTRACTOR” “CITY”
GENTRY GENERAL ENGNGINEERING, CITY OF ORANGE, a municipal corporation INC., a California Corporation
By:
*By: Mark A. Murphy, Mayor
Printed Name:

Title:

ATTEST:
*By:

Printed Name:

Title:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney
*NOTE: If CONTRACTOR is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 436

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Orange
300 East Chapman Avenue
Orange, California 92866
Attention: City Clerk
[Space above this line for Recorder’s use only.]

THIS DOCUMENT IS RECORDED AT THE

REQUEST AND FOR THE BENEFIT OF THE CITY

OF ORANGE AND IS EXEMPT FROM THE

PAYMENT OF A RECORDING FEE PURSUANT
TO GOVERNMENT CODE SECTIONS 6103 AND
27383.

NOTICE OF COMPLETION AND ACCEPTANCE
NOTICE IS HEREBY GIVEN that work on that certain public work and improvements known as “Chapman Ave. and Yorba St. Sidewalk Repair(Bid No. 21-22.38; SP-4212)” (herein referred to as the “Project”), for the owner, the City of Orange, a municipal corporation (herein referred to as the “City”), whose address is 300 E. Chapman Avenue, Orange, CA 92866, was completed and accepted by the City Council of the City of Orange on 11/15/2022 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project is at the corner of Chapman Ave. and Yorba St. in the City of Orange, State of California. The Contractor who performed (or caused to be performed) said public work and improvements was Gentry General Engineering, Inc., a California Corporation, with its principal office at 9277 Archibald Ave., Rancho Cucamonga, CA 91730, State of California.

The name of the surety on the Labor and Material Bond for the Project is Developers Surety and Indemnity Company of California (Bond# CSBA-21194) in the amount of $ 13,892.50.

DATED as of the 15th day of November, 2022. CITY OF ORANGE, a municipal corporation By:

Mark A. Murphy
Mayor of the City of Orange

STATE OF CALIFORNIA

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

DATED as of the 15th day of November, 2022 at Orange, California.

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

Pamela Coleman, City Clerk of the City of Orange
437
Agenda Item
City Council
Item #: 3.24. 11/15/2022 File #: 22-0613
TO: Honorable Mayor and Members of the City Council
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Titles 12, 13, and 15 of the Orange Municipal Code adopting and amending the 2022 editions of the California Building Standards Codes and related model codes, with appendices, relating to the building codes. Ordinance No. 06-22.

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on October 11, 2022.

The Ordinance is now presented for Second Reading by title only, and adoption.

Vote at First Reading: AYES: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, Murphy
NOES: None
ABSENT: None

3. RECOMMENDED ACTION
Adopt Ordinance No. 06-22.

4. ATTACHMENTS
· Ordinance No.06-22
City of Orange Page 1 of 1 Printed on 11/10/2022
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Agenda Item
City Council
Item #: 3.24. 11/15/2022 File #: 22-0613
TO: Honorable Mayor and Members of the City Council
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Titles 12, 13, and 15 of the Orange Municipal Code adopting and amending the 2022 editions of the California Building Standards Codes and related model codes, with appendices, relating to the building codes. Ordinance No. 06-22.

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on October 11, 2022.

The Ordinance is now presented for Second Reading by title only, and adoption.

Vote at First Reading: AYES: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, Murphy
NOES: None
ABSENT: None

3. RECOMMENDED ACTION
Adopt Ordinance No. 06-22.

4. ATTACHMENTS
· Ordinance No.06-22
City of Orange Page 1 of 1 Printed on 11/10/2022
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ORDINANCE NO. 06-22

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING TITLES 12, 13, AND
15 OF THE ORANGE MUNICIPAL CODE ADOPTING
AND AMENDING THE 2022 EDITIONS OF THE

CALIFORNIA BUILDING STANDARDS CODES AND

RELATED MODEL CODES, WITH APPENDICES,

RELATING TO THE BUILDING CODES
WHEREAS, the State of California adopted new Building Codes in January of 2022; and WHEREAS, these codes are commonly known as the California Building Standards Codes, and published in Title 24 of the California Code of Regulations; and WHEREAS, the California Health and Safety Code requires local governments to adopt the most recent editions of the model codes related to construction; and WHEREAS, State law provides that the model codes may be amended by local governments with respect to local conditions, so long as those changes are not less stringent than the State's minimum requirements; and
WHEREAS, by separate Resolution, the City Council of the City of Orange has made an express finding that changes or modifications are reasonably necessary because of local climatic, geographic or topographic conditions; and
WHEREAS, local governments must update their building codes by adopting and amending the State Codes to become effective by January 1, 2023.

NOW, THEREFORE, the City Council of the City of Orange does ordain as follows:

SECTION I:

Section 12.18.080.M of the Orange Municipal Code (Streets, Sidewalks and Public Places – Outdoor Dining on Public Walkways – Outdoor Dining Permit Standards) is revised to read as follows:

M. The use of removable table umbrellas is encouraged provided that they maintain at least seven feet of clearance above the sidewalk level and do not exceed ten feet in height. The use of retractable awnings is encouraged, but must meet the requirements of California Building Code Sections 3202.2.3 and 3202.3.1.

SECTION II:

Section 13.66.190.B of the Orange Municipal Code (Public Utilities – Sewer System – Fats, Oils and Grease Regulations (FOGS) – Grease Interceptor Requirements) is revised to read as follows:
440
2 B. Grease interceptor sizing and installation shall conform to the current edition of the California Plumbing Code. Grease interceptors shall be constructed in accordance with the design approved by the FOG Control Program Manager and shall have a minimum of two compartments with fittings designed for grease retention.

SECTION III:

Section 15.04.010 of the Orange Municipal Code (Buildings and Construction – California Building Code – California Construction Codes Adopted by Reference) is revised to read as follows:

15.04.010 California Construction Codes Adopted by Reference.

For the purpose of prescribing regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use, height, and area of buildings and structures, the following construction codes subject to the Orange Municipal Code and modifications set forth in this chapter, including erratas and supplements hereafter, are hereby adopted: the California Building Code, 2022 Edition, based on the 2021 International Building Code as published by the International Code Council, including Chapter 1, Division II and Appendices I, J, and P; the California Residential Code, 2022 Edition, based on the 2021 International Residential Code, including Appendices AH and AX; the California Green Building Standards Code, including Appendices A4, A5, A5.2, A5.3, A5.4, A5.5, and A5.6, 2022 Edition; the California Plumbing Code, 2022 Edition, based on the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials, including Appendices A, B, D, H, I, and J; the California Mechanical Code, 2022 Edition, based on the 2021 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials, including Appendices B and C; the California Electrical Code, 2022 Edition, based on the 2020 National Electrical Code as published by the National Fire Protection Association, including Annexes A and B; the International Property Maintenance Code, 2021 Edition, as published by the International Code Council; the Uniform Code For The Abatement of Dangerous Buildings, 1997 Edition, as published by the International Code Council.

The provisions of these Construction Codes as amended by this chapter shall constitute the Building Regulations of the City of Orange. Where the California Code of Regulations and State Building Standards Code of Regulations differ from any sections of the Construction Codes, state regulations shall prevail over the Construction Codes.

One copy of all the above codes and standards therefor are on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and are made available for public inspection.

Notwithstanding the provisions of the above-referenced construction codes, all fees for services provided pursuant to the construction codes shall not take effect until a resolution for such fees is adopted by the City Council pursuant to California Government Code Section 66016. 441
3 SECTION IV:

Section 15.04.015 of the Orange Municipal Code (Buildings and Construction – California Building Code – Amendments to the 2019 California Building Code) is revised to read as follows:

15.04.015 Amendments to the 2022 California Building Code.

Administration. Division II of Chapter 1, entitled “Scope and Administration,” is applicable in the City with revisions to the following sections as indicated below. 101.1 Title. These regulations shall be known as the Building Code of the City of Orange, hereinafter referred to as "this code."
103.1 Creation of enforcement agency. The Building and Safety Services Department is hereby created and the official in charge thereof shall be known as the building official.

The function of the agency shall be the implementation, administration, and enforcement of the provisions of the code.
105.2 Work Exempt from Permit. Exceptions 2, 9 and 14 shall read as follows:

2. Fences under 6 feet (1829 mm) high.

9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches (457.2 mm) deep, do not exceed 5,000 gallons (18,927.059L) and are installed entirely above ground.

14. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.2. 107.3 Examination of Documents. The following paragraph is added:

An expedited review and permit issuance process shall be provided for EV Charging Stations and simplified forms for submittal will be made available on City’s website.

Sections of 403.4.8.3(4) and 403.4.8.4(8) are revised as follows:
403.4.8.3 Standby power loads. The following are classified as standby power loads:

4. Power and lighting for the fire command center required by Section 403.4.6. 403.4.8.4 Emergency power loads. The following are classified as emergency power loads:

8. Ventilation and automatic fire detection equipment for smoke proof enclosures.

Section 905.4 is revised to read as follows:
442
4 905.4 Location of Class 1 standpipe hose connections. Class 1 standpipe hose connections shall be provided in all of the following locations:

1. In every required interior exit stairway, a hose connection shall be provided for each story above or below grade. Hose connections shall be located at an intermediate landing between stories, unless otherwise approved by the fire code official. See Section 909.20.2.3 for additional provisions in smoke proof enclosures.

2. On each side of the wall adjacent to the exit opening of a horizontal exit.

Exception: Where floor areas adjacent to a horizontal exit are reachable from an interior exit stairway hose connections by a nozzle attached to 100 feet (30480 mm) of hose, as measured along the path of travel, a hose connection shall not be required at the horizontal exit.

7. The centerline of the 2.5 inches (64 mm) outlet shall be no less than 18 inches (457 mm) above and no more than 24 inches (610 mm) above the finished floor.

8. Every new building with any horizontal dimensions greater than 300 feet (91440 mm) shall be provided with either access doors or a 2.5 inch (64 mm) outlets so that all portions of the building can be reached with 150 feet (45720 mm) of hose from an access door or hose outlet. Required access doors shall be located in the exterior of the building and shall be accessible without the use of a ladder. The door dimensions shall be not less than 3 feet (914 mm) in width, and not less than 6 feet 8 inches (2032 mm) in height. These doors are for fire department access only.

Section 910.3.5 is added to read as follows:
910.3.5 Sprinklered buildings. Where installed in buildings provided with an approved automatic sprinklers system, smoke and heat vents shall be designed to operation automatically by actuation of a heat-responsive device rated at least 100 degrees Fahrenheit above the operating temperature of the sprinklers, unless otherwise approved.

Section 3109.2 is revised to read as follows, with all definitions remaining unchanged:
3109.2 Construction permit; safety features required. New or remodel pools or spas, at a private single-family home, shall have an enclosure complying with the amended California Residential Code Appendix AX. Pool barriers which are already in the Code are scoped so as to apply on all private swimming pools.

Section 3109.2 is revised to add the following definition:

PRIVATE POOL, is any constructed pool, permanent or portable, and over 18 inches deep which is intended for non-commercial use as swimming pool by not more than three owner families and their guests.
443
5 SECTION V:

Section 15.04.030 of the Orange Municipal Code (Buildings and Construction – California Building Code – Work Exempt from Permit) is revised to read as follows:

Section 105.2 of the California Building Code is revised to add the following:

14. TV dishes and flagpoles in connection with a group R. Division 3 occupancy and not exceeding 15 feet in height.

SECTION VI:

Section 15.04.060 of the Orange Municipal Code (Buildings and Construction – California Building Code – California Building Code (CBC) Appendix) is revised to read as follows:

15.04.060 California Building Code (CBC) Appendix.

The City Council adopts by reference the following Appendices of the CBC Appendix, 2022 Edition and said Appendices are adopted in total as the law of the City except as provided for this chapter.

Appendix C (Group U- Agricultural Buildings), Appendix F (Rodent Proofing), Appendix G (Flood-Resistant Construction), Appendix H (Signs), Appendix I (Patio Covers), Appendix J (Grading), and Appendix P (Emergency Housing) SECTION VII:

Section 15.05.010 of the Orange Municipal Code (Buildings and Construction – California Residential Code – California Residential Code Adopted by Reference) is revised to read as follows:

15.05.010 California Residential Code Adopted by Reference.

For the purpose of prescribing regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use, height, and area of residential buildings and structures, the following construction code subject to the modifications set forth in this chapter, is hereby adopted: the California Residential Code, including Appendix AH (Patio Covers) and Appendix AX (Swimming Pool Safety Act), 2022 Edition, based on the 2021 International Residential Code as published by the International Code Council, including Division II in Chapter 1.

SECTION VIII:

The title of Section 15.05.015 of the Orange Municipal Code (Buildings and Construction – California Residential Code – Amendments to the 2019 California Residential Code) is revised to read as follows:
444
6 15.05.015 Amendments to the 2022 California Residential Code.

SECTION IX:

Section 15.05.015 of the Orange Municipal Code (Buildings and Construction – California Residential Code – Amendments to the 2019 California Residential Code) is revised to add the following first paragraph:

R101.1 Title. These provisions shall be known as the “Residential Code for One- and Twofamily Dwellings of the City of Orange,” and shall be cited as such and will be referred to herein as “this code.”
SECTION X:

The introductory paragraph and title of Table R301.2(1) (Climatic and Geographic Design Criteria) of Section 15.05.015 of the Orange Municipal Code (Buildings and Construction – California Residential Code – Amendments to the 2019 California Residential Code) are revised to read as follows:

Table R301.2 is revised to read as follows:

TABLE R301.2

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
SECTION XI:

Footnotes a, d, h, l, m and o of Table R301.2 (Climatic and Geographic Design Criteria) of Section 15.05.015 of the Orange Municipal Code (Buildings and Construction – California Residential Code – Amendments to the 2019 California Residential Code) are revised to read as follows, with the remaining footnotes unchanged:
a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., “negligible,” “moderate” or “severe”) for concrete as determined from the Weathering Probability Map [Figure R301.2(1)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652.
d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R30l.2(2)]. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4. h. In accordance with Sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall fill in this part of the table with “NO.” 445
7 l. In accordance with Figure R301.2.1.1, where there is local historical data documenting regional wind designs, the jurisdiction shall fill in this part of the table with “YES” and identify any specific requirements. Otherwise, the jurisdiction shall indicate “NO” in this part of the table.
m. In accordance with Section R301.2.1.2, the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate “NO” in this part of the table.
o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figure R301.2 (3).

SECTION XII:

The final three paragraphs of Section 15.05.015 of the Orange Municipal Code (Buildings and Construction – California Residential Code – Amendments to the 2019 California Residential Code) are deleted and replaced with the following:

Appendix AX, Section AX100 is revised to read as follows:
(a) Except as provided in Section AX100, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with item #1 below AND at least one additional following seven drowning prevention features:
#1. An enclosure that meets the requirements of AX100 and isolates the swimming pool and spa from the private single-family home. Any walls of the residential structure or accessory structures used to complete the isolation enclosure must have door openings equipped with protection as required in AX100. Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature requirement.

R302.1 Exterior walls. Construction, projections, openings and penetrations of exterior walls of dwelling and accessory buildings shall comply with Table R302.1(1); or dwellings and accessory buildings equipped throughout with an automatic sprinkler system installed in accordance with Section R313 shall comply with Table R302.1.

Exceptions:

3. Detached tool sheds and storage sheds, playhouses and similar structures exempted from permits are not required to provide wall protection based on location on the lot. Projections beyond the exterior wall shall not extend over the lot line.
446
8 SECTION XIII:

Section 15.12.010 of the Orange Municipal Code (Buildings and Construction – California Mechanical Code – California Mechanical Code Adopted by Reference) is revised to read as follows:

15.12.010 California Mechanical Code Adopted by Reference.

For the purpose of prescribing regulations for mechanical equipment design, construction, installation, quality of materials, location, operation and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, and other miscellaneous heat producing appliances within the city the following construction code subject to the modifications set forth in this chapter, is hereby adopted: the California Plumbing Code, 2022 Edition, based on the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials.

SECTION XIV:

Section 15.16.010 of the Orange Municipal Code (Buildings and Construction – California Plumbing Code – California Plumbing Code Adopted by Reference) is revised to read as follows:

15.16.010 California Plumbing Code Adopted by Reference.

For the purpose of prescribing regulations for plumbing equipment construction, alteration, repair, improving, conversion and demolition, the following construction code, subject to the modifications set forth in this chapter, is hereby adopted: the California Plumbing Code, 2022 Edition, based on the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials.

SECTION XV:

Section 15.17.010 of the Orange Municipal Code (Buildings and Construction – California Green Building Code – California Green Building Standards Code Adopted by Reference) is revised to read as follows:

15.17.010 California Green Building Standards Code Adopted by Reference.

For the purpose of prescribing regulations for green building erecting, construction, alteration, repair, improving, conversion and demolition, the following construction code subject to the modifications set forth in this chapter, is hereby adopted: the California Green Building Standards Code (CALGREEN), 2022 Edition, as published by the California Building Standards Commission.

SECTION XVI:

The title of Section 15.17.015 of the Orange Municipal Code (Buildings and Construction – California Green Building Code – Amendments to the 2019 California Green Building Standards Code) is revised to read as follows:
447
9 15.17.015 Amendments to the 2022 California Green Building Standards Code.

SECTION XVII:

Chapter 15.19 is added to Title 15 of the Orange Municipal Code (Buildings and Construction – Electric Vehicle Charging Stations) to read as follows:

Chapter 15.19 Electric Vehicle Charging Stations.

15.19.010 Purpose.

The purpose of this chapter is to comply with Government Code Section 65850.7 and to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations.

15.19.020 Definitions.

A. “Electronic submittal” means the utilization of one or more of the following:

1. Email.

2. The Internet.

3. Facsimile.

B. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with all requirements of this code and any checklists approved by the building official, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

15.19.030 Expedited Permitting Process.

A. Streamlined Process. Consistent with Government Code Section 65850.7, the building official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review.

B. Checklist Effective with Commission Approval. The building official’s checklist and procedures shall become effective upon approval by the director of public works or designee.

Such procedures may be amended by the director of public works or designee from time to time.

The city’s adopted checklist and procedures shall be published on the city’s website and shall be binding upon all applicants.

C. Checklist Contents. The checklist and procedures may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community 448
10 Readiness Guidebook” as published by the Governor’s Office of Planning and Research. Such checklist must ensure that all requirements of this chapter are met, including the following:

1. Standards for EV Station. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.

2. Electrical Code Requirements. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

3. Load Calculations. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

4. Anchorage. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.

5. Property Owner Associations. In the technical review of a charging station, consistent with Government Code Section 65850.7, the building official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

15.19.040 Permit Application Processing.

A. Adverse Impact Prohibited. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.

B. Permit Applications. A permit application that satisfies the information requirements in the city’s adopted checklist shall be deemed complete and be promptly processed.

If the building official determines that the permit application is incomplete, the building official shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. Upon 449
11 confirmation by the building official that the permit application and supporting documents meets City’s checklist requirements and is consistent with all applicable laws and health and safety standards, the building official shall, consistent with Government Code Section 65850.7, issue a permit for the electric vehicle charging station.

C. Electronic Submission Permitted. Permit applications covered by this chapter and associated supporting documentation may be submitted via email to the building official, but such documentation shall only be considered received on the date the building official personally responds via email that the documents were received. In accepting such permit applications, the building official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

D. Appeal. The Building Official’s determination may be appealed to the Planning Commission.

1. The cost to file the appeal shall be the same cost as for appeals filed under Section 17.08.070.

2. After conducting the public hearing, the Planning Commission shall issue its determination in writing based upon substantial evidence in the record.

3. The Planning Commission decision shall be final and cannot be appealed to the City Council.

SECTION XVIII:

Section 15.24.010 of the Orange Municipal Code (Buildings and Construction – California Electrical Code – California Electric Code Adopted by Reference) is revised to read as follows:

15.24.010 California Electrical Code Adopted by Reference.

For the purpose of prescribing regulations for electrical equipment construction, alteration, repair, improving, conversion and demolition, the following construction code subject to the modifications set forth in this chapter, is hereby adopted: the California Electrical Code, 2022 Edition, based on the 2020 National Electrical Code as published by the National Fire Protection Association.

SECTION XIX:

Section 15.24.025 of the Orange Municipal Code (Buildings and Construction – California Electrical Code – Amendments to the 2019 California Electrical Code) is revised to read as follows:

15.24.025 Amendments to the 2022 California Electrical Code. 310.3(B) Conductor Material is revised to add a second paragraph to read as follows:
450
12 Copper wire shall be used for wiring No. 6 and smaller in all installations. Consideration for use of aluminum wiring can be made by the Building Official for feeder lines only on an individual basis where adequate safety measures can be ensured. 690.13(A) Location is revised to read as follows:

The means to disconnect a photovoltaic and electrical energy storage system shall be installed at a readily accessible location on the exterior of the building. A visible-open, lockable AC disconnect shall be located within three (3) feet of the meter, photovoltaic disconnect, or as required by the Building or Fire Code Official.

SECTION XX:

The title of Section 15.52.070 of the Orange Municipal Code (Buildings and Construction – Building Security Standards – Garage-Type Doors) is revised to read as follows:

15.52.070 Garage-Type and Roll-Up Doors.

SECTION XXI:

Section 15.52.070.E of the Orange Municipal Code (Buildings and Construction – Building Security Standards – Garage-Type Doors) is revised to read as follows:

E. Doors that exceed six (6) feet in width, shall have the following options as to locking devices:

1. Two lock-receiving points, or one garage-door type slide bolt may be used if mounted no higher than twenty-six (26) inches from the bottom of the door;

2. A single bolt may be used if placed in the center of the door with the locking point located either at the floor or door frame header;

3. Torsion spring counter balance type hardware may be used if such hardware substantially complies with the requirements of this chapter.

SECTION XXII:

Section 15.52.080.A.6 of the Orange Municipal Code (Buildings and Construction – Building Security Standards – Special Building Provisions - Residential) is added to read as follows:

6. All multiple family dwelling common area storage room doors shall be equipped as outlined in Section 15.52.050 and Subsections A1 to 4 in Section 15.52.080 of this code.
451
13 SECTION XXIII:

Section 15.52.080.C.3 of the Orange Municipal Code (Buildings and Construction – Building Security Standards – Special Building Provisions - Residential) is added to read as follows:

3. Parking garages, underground walkways and any covered areas shall be provided with a minimum maintained three to five foot-candles of light on the parking surface. Lighting devices shall be protected by weather and vandalism resistant covers. If necessary, additional criterion may be required by the enforcing authority to exceed IESNA standards.

SECTION XXIV:

Section 15.52.090.H.3 of the Orange Municipal Code (Buildings and Construction – Building Security Standards – Special Building Provisions – Non-Residential) is revised to read as follows:

3. All air duct or air vent openings exceeding ninety-six (96) square inches on the roof or exterior walls of any building or premises used for business purposes shall be secured with non-removable screws and by covering the same with either (a) or (b), and (c) and (d) as follows:
a. Iron bars of at least one-half inch round or one inch by one-quarter inch flat steel material spaced no more than five inches apart and securely fastened; or
b. Iron or steel grills of at least one-eighth inch material with a maximum two-inch mesh and securely fastened.
c. Iron or steel louvers shall be a minimum of twelve US gauge metal. d. The above (a, b, and c) must not interfere with venting requirements creating a potentially hazardous condition to health and safety or conflict with the provisions of the current Building Code standards enforced by the City of Orange and/or Title 19 of the California Code of Regulations.

SECTION XXV:

Section 15.53.010 of the Orange Municipal Code (Buildings and Construction – California Existing Building Code – California Existing Building Code Adopted by Reference) is revised to read as follows:

15.53.010 California Existing Building Code Adopted by Reference.

For the purpose of prescribing regulations for existing building seismic strengthening, the following construction code, subject to the modifications set forth in this Chapter, is hereby adopted: the California Existing Building Code, 2022 Edition, based on the 2021 International Existing Building Code.
452
14 SECTION XXVI:

Section 15.54.010 of the Orange Municipal Code (Buildings and Construction – California Energy Code – California Energy Code Adopted by Reference) is revised to read as follows:

15.54.010 California Energy Code Adopted by Reference.

For the purpose of prescribing regulations for building energy compliance, the following construction code, subject to the modifications set forth in this Chapter, is hereby adopted: the California Energy Code, 2022 Edition, as published by the California Energy Commission.

SECTION XXVII:

Section 15.55.010 of the Orange Municipal Code (Buildings and Construction – International Property Maintenance Code – International Property Maintenance Code Adopted by Reference) is revised to read as follows:

15.55.010 International Property Maintenance Code Adopted by Reference.

For the purpose of prescribing regulations for building maintenance the following construction code subject to the modifications set forth in this chapter, is hereby adopted: the International Property Maintenance Code, 2021 Edition, as published by the International Code Council.
101.1 Title. These regulations shall be known as the International Property Maintenance Code of City of Orange, hereafter referred to as “this code”. 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes or occupancy, shall be done in accordance with the procedures and provisions of the most current California Codes adopted by the City of Orange. Any reference to an International Code will be viewed as conformity to the adopted California Codes. 103.1 Creation of agency. The Public Works and Community Development Departments are hereby created and the official in charge thereof shall be known as the code official.

The function of the agencies shall be the implementation, administration, and enforcement of the provisions of this code.
302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in excess of six (6) inches. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 109.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and 453
15 destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
304.14 Insect screens. Annually, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition. 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to a minimum temperature of 68° F in all habitable rooms, bathrooms, and toilet rooms.
602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat to a minimum temperature of 65° F during the period the spaces are occupied.

SECTION XXVIII:

Chapter 15.56 of the Orange Municipal Code (Buildings and Construction – California Elevator Safety Code) is hereby deleted in its entirety.

SECTION XXIX:

Section 15.57.010 of the Orange Municipal Code (Buildings and Construction – California Historic Building Code – California Historic Building Code Adopted by Reference) is revised to read as follows:

15.57.010 California Historic Building Code Adopted by Reference.

For the purpose of prescribing regulations for historic building regulations, the following construction code is hereby adopted: the California Historic Building Code, 2022 Edition, as published by the California Building Standards Commission.

SECTION XXX:

The first paragraph of Section 15.60.210.D of the Orange Municipal Code (Buildings and Construction – Flood Damage Prevention – Mudslide (i.e., Mudflow) - Prone Areas) is revised to read as follows, with the remainder of Section 15.60.210.D unchanged:

D. Based on the Flood Insurance Rate Map, the following standards shall comply with the California Residential or Building Code as applicable:
454
16 SECTION XXXI:

If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.

SECTION XXXII:

The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect the later of thirty (30) days from and after the date of its final passage or January 1, 2023.

ADOPTED this ____ day of ___________________, 2022.

Mark A. Murphy, Mayor, City of Orange
ATTEST:

Pamela Coleman, City Clerk, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the ___ day of _______________, 2022, and thereafter at the regular meeting of said City Council duly held on the ___ day of _______________, 2022, was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________________________
Pamela Coleman, City Clerk, City of Orange
455
Agenda Item
City Council
Item #: 3.25. 11/15/2022 File #: 22-0622
TO: Honorable Mayor and Members of the City Council
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange deleting Chapter 15.32, City of Orange Fire Code, in its entirety and adding Chapter 15.32, adopting and amending the 2022 California Fire Code and portions of the 2021 International Fire Code as the City of Orange Fire Code, to Title 15 (Buildings and Construction) of the Orange Municipal Code.

Ordinance No. 07-22.

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on October 11, 2022.

The Ordinance is now presented for Second Reading by title only, and adoption.

Vote at First Reading: AYES: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, Murphy
NOES: None
ABSENT: None

3. RECOMMENDED ACTION
Adopt Ordinance No. 07-22.

4. ATTACHMENTS
· Ordinance No. 07-22
City of Orange Page 1 of 1 Printed on 11/10/2022
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Agenda Item
City Council
Item #: 3.25. 11/15/2022 File #: 22-0622
TO: Honorable Mayor and Members of the City Council
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange deleting Chapter 15.32, City of Orange Fire Code, in its entirety and adding Chapter 15.32, adopting and amending the 2022 California Fire Code and portions of the 2021 International Fire Code as the City of Orange Fire Code, to Title 15 (Buildings and Construction) of the Orange Municipal Code.

Ordinance No. 07-22.

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on October 11, 2022.

The Ordinance is now presented for Second Reading by title only, and adoption.

Vote at First Reading: AYES: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, Murphy
NOES: None
ABSENT: None

3. RECOMMENDED ACTION
Adopt Ordinance No. 07-22.

4. ATTACHMENTS
· Ordinance No. 07-22
City of Orange Page 1 of 1 Printed on 11/10/2022
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ORDINANCE 07-22

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF ORANGE DELETING CHAPTER

15.32, CITY OF ORANGE FIRE CODE, IN ITS
ENTIRETY AND ADDING CHAPTER 15.32,
ADOPTING AND AMENDING THE 2022

CALIFORNIA FIRE CODE AND PORTIONS OF
THE 2021 INTERNATIONAL FIRE CODE AS THE
CITY OF ORANGE FIRE CODE, TO TITLE 15
(BUILDINGS AND CONSTRUCTION) OF THE

ORANGE MUNICIPAL CODE
WHEREAS, the City of Orange Fire Department is responsible for enforcing the fire and safety regulations of the State Fire Marshal; and
WHEREAS, the State Fire Marshal’s building standards regulations are incorporated in the 2022 California Fire Code; and
WHEREAS, the City is subject to the California Fire Code, as written, effective January 1, 2023, unless the City adopts amendments to said Code, with the appropriate findings supporting such amendments; and
WHEREAS, cities are allowed to make amendments to State building standards when justified by local topographical, climactic and geographical conditions; and WHEREAS, contemporaneously herewith, the City Council has made appropriate findings that justify amendments to the California Fire Code based on local topographical, climactic and geographical conditions in Resolution No. 11417; and NOW, THEREFORE, the City Council of the City of Orange does ordain as follows:

SECTION I:

Chapter 15.32, City of Orange Fire Code, is deleted in its entirety and is hereby replaced with Chapter 15.32, adopting the 2022 California Fire Code including appendices B, BB, C, and CC, as copyrighted in 2022 by the International Code Council and the California Building Standards Commission, to read as follows:

Chapter 15.32 CITY OF ORANGE FIRE CODE

15.32.010 Adoption by Reference
The City Council adopts by reference the California Fire Code, 2022 Edition, including appendices B, BB, C and CC, as copyrighted by the International Code Council and California 458
2 Building Standards Commission, as hereinafter amended, modified or altered. Such Codes are adopted by reference, for the purpose of safeguarding the public from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises. One copy of the code has been and is now on file in the office of the City Clerk, and the code is adopted by reference as if incorporated and set out at length in this chapter. The provisions therein shall be controlling within the limits of the City of Orange and shall be designated, known and referred to asthe Orange City Fire Code.

15.32.020 Amendments to the 2022 California Fire Code
The following sections of the California Fire Code, 2022 Edition are amended, modified or altered as follows:
101.1 Title. These regulations shall be known as the Orange City Fire Code, hereinafter referred to as “this code.”
103.1 Creation of agency. [Amended] The Orange City Fire Department is hereby created and the official in charge of the Fire Prevention Division thereof shall be known as the fire code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.
103.2 Appointment. [Amended] The fire code official shall be appointed by the fire chief and may be removed at any time.
105.1.1 Permits required. [Amended] A property owner or owner’s authorized agent who intends to conduct an operation or business, or install or modify systems and equipment that are regulated by this code, or to cause any such work to be performed, shall first make application to the fire code official and obtain the required permit. The permit shall be required to conduct an operation or business, or install or modify systems and equipment which is regulated by this code, or to cause any such work to be done.
105.5.18 Flammable and combustible liquids. [Amend only items 10 and 11] An operational permit is required:

10. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental, or manufacturing establishments in accordance with Section 5706.5.4.

11. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft, and other special equipment at commercial, industrial, governmental, or manufacturing establishments in accordance with Section 5706.5.4. 105.5.31 Miscellaneous combustible storage. [Amended] An operational permit is required to store in any building or upon any premises in excess of 2,500 cubic feet gross volume of combustible empty packing cases, boxes, barrels or similar containers, combustible pallets, rubber tires, rubber, cork, green waste, composting, yard waste, or similar combustible material. 459
3 105.5.55 Day-care. [Added] An operational permit is required to operate a day-care center. 105.5.56 Mid-rise buildings. [Added] An operational permit is required to operate a mid-rise building.
105.5.57 High-rise buildings. [Added] An operational permit is required to operate a high-rise building.
106.2.1 Information on construction documents. [Amended] Construction documents shall be drawn to scale upon suitable material. Documents in digital format are allowed where approved by the fire code official. Plans shall be submitted in accordance with the City of Orange Building Division Plan Submittal Guidelines. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that will conform to the provisions of this code and relevant laws, ordinances, rules and regulations as determined by the fire code official.
112.2.1 Fire and life safety hazards. [Added] Persons operating, maintaining or controlling any building, occupancy, facility, premises or vehicle subject to this code shall neither create, nor allow to exist, any condition deemed a fire or life safety hazard by the fire code official. 112.4 Violation penalties. [Amended] Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be prosecuted in accordance with Chapter 1.08 of the Orange Municipal Code. Each day that a violation continues shall be deemed a separate offense.
202 General Definitions [Amended]
FLOW-LINE. [Added] The lowest continuous elevation on a curb defined by the path traced by a particle in a moving body of water at the bottom of the rolled curb.

HAZARDOUS FIRE AREA. [Added] Includes all areas identified within Section 4906.2 and other areas as determined by the Fire Code Official as presenting a fire hazard due to the presence of combustible vegetation, or the proximity of the property to an area that contains combustible vegetation.

MID-RISE BUILDING. [Added] Every building of any type of construction or occupancy, when originally constructed with high-rise conditions under local ordinance at the time of construction, having floors used for human occupancy located between 55 feet and 75 feet above the lowest floor level having building access.

SPARK ARRESTER. [Added] A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:
460
4 1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

2. Removing and retaining carbon and other flammable particles/debris from fireplaces that burn solid fuel in accordance with California Building Code Chapters 21 or 28. 304.1.2 Vegetation. [Amended] Types, amounts, and arrangements of weeds, grass, vines and other growth that is capable of being ignited and endangering property, within the scope of Orange City Fire Department Guidelines, shall be cut, thinned, or removed by the owner or occupant of the premises as required by the Orange City Fire Department Guideline entitled “Vegetation Management Guideline - Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program”. Vegetation clearances in urban-wildland interface areas shall be in accordance with Chapter 49.
307.1 General. [Amended] A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless constructed and approved in accordance with Sections 307.1.1 through 307.6.2.1.
307.1.2 Fuel modification areas. [Added] Outdoor fires using wood or other solid fuel shall not be built, ignited or maintained in a fuel modification area. 307.2.2 Hazardous conditions. [Added] Outdoor fires are not allowed when predicted sustained winds exceed 8 MPH during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.

Exception: Gas-fueled devices operated in accordance with 307.6.1. 307.4.4 Disposal of rubbish. [Added] Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1. 307.5.1 Supervision. [Added] Where a permit is issued, such open burning or fire shall be supervised by a person 18 years of age or older.
307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at premises containing Group R Occupancies. [Added] Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at premises containing Group R occupancies shall comply with this section.

Exception: Barbeques, grills, and other portable devices intended solely for cooking. 307.6.1 Gas-fueled devices. [Added] Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the City of Orange Building Division and the device is designed to only burn a gas flame and not wood or other solid fuel. At premises containing Group R division 3 occupancies, combustible construction shall not be located within 3 feet of an atmospheric column that extends vertically from the perimeter of the device. 461
5 At premises containing other than Group R division 3 occupancies, the minimum distance shall be 10 feet. Where a permanent hood and vent is installed and approved by the City of Orange Building Department, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have an approved spark arrester meeting the requirements of Section 2113.9.2 of the California Building Code.
307.6.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas. [Added] Fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code. Fires in a fireplace shall be contained within a firebox with an attached chimney equipped with a spark arrester. The spark arrester shall meet the requirements of Section 2113.9.2 of the California Building Code. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.

The burning of wood or other solid fuel in a device is not allowed within 15 feet of combustible structures, unless within a permanent or portable fireplace. Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308. 307.6.2.1 Where prohibited. [Added] The burning of wood and other solid fuels shall not be conducted within a fuel modification zone. Wood and other solid fuel burning fires in devices other than permanent fireplaces are not allowed within Wildfire Risk Areas (WRA) and WildlandUrban Interface Areas (WUI) or in locations where conditions could cause the spread of fire to the WRA or WUI unless determined by the fire code official that the location or design of the device should reasonably prevent the start of a wildfire.
308.1.6.4 Model rockets or similar devices. [Added] A person shall not release or cause to be released a model rocket or similar device, fueled by flammable or combustible liquids or gases, or fueled by solid explosive propellant means.
324 Fuel Modification Requirements for New Construction. [Added] All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of the Orange City Fire Department Guideline, “Vegetation Management Guideline - Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
325 Clearance of brush or vegetation growth from roadways. [Added] The fire code official is authorized to cause areas within 10 feet on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire in the opinion of the fire code official. 462
6 326 Vegetation management alternate materials and methods. [Added] The fire code official is authorized to require and approve alternate materials and methods to comply with the vegetation management requirements if the fire code official determines that any of the following conditions exist:

1. Difficult terrain.

2. Danger of erosion.

3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species.

4. Stands or groves of trees or heritage trees.

5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.

Acceptance of alternate materials and methods will be made on a case-by-case basis, and shall not set precedent.
327 Use of equipment. [Added] Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 and maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.

Exceptions:

1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the California Vehicle Code.

2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition
327.1 Spark arresters. [Added] Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 324 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.
328 Development on or near land containing or emitting toxic, combustible or flammable liquids, gases or vapors. [Added] The fire code official may require the submittal for approval of geological studies, evaluations, reports, remedial recommendations and/or similar documentation from a state-licensed and department-approved individual or firm, on any parcel of 463
7 land to be developed which has, or is adjacent to, or within 1,000 feet of a parcel of land that has an active, inactive, or abandoned oil or gas well operation, petroleum or chemical refining facility, petroleum or chemical storage, or may contain or give off toxic, combustible or flammable liquids, gases or vapors.
329 Restricted entry. [Added] The fire code official shall determine and publicly announce when hazardous fire areas are closed to entry and when such areas are again opened to entry. Entry on and occupation of hazardous fire areas, except public roadways, inhabited areas or established trails and camp sites which have not been closed during such time when the hazardous fire area is closed to entry, is prohibited.

Exceptions:

1. Residents and owners of private property within hazardous fire areas and their invitees and guests going to or being upon their lands may enter when an area is closed if given permission by the fire code official.

2. Entry into closed areas is allowed, in the course of duty, by peace or police officers, and other duly authorized public officers, members of a fire department and members of the United States Forest Service.

Chapter 4: Emergency Planning and Preparedness. Only the sections, subsections, and amendments thereto listed below are adopted:
401-401.9
402
403.2
403.4 – 403.4.4
403.10.2.1.1
403.10.6
403.12-403.12.3
404.5-404.6.6
407
501.1 Scope. [Amended] Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, the Orange City Fire Department Guideline “Fire Master Plan for Commercial & Residential Development.” 503.2.1 Dimensions. [Amended] Fire apparatus access roads shall have an unobstructed width of not less than 20 feet, exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches. Street widths are to be measured from the top face of curb to top face of curb, on streets with curb and gutter, and from flow-line to flow-line on streets with rolled curbs. 464
8 503.2.1.1 Hazardous fire areas. [Added] Fire apparatus roads in hazardous fire areas shall have an unobstructed width of not less than 28 feet. The width shall be maintained to an approved point outside of the Hazardous Fire Area.

Exception: When the road serves no more than three dwelling units and the road does not exceed 150 feet in length, the road width may be reduced 24 feet. This length may be increased to 400 feet where serving no more than three dwelling units and all structures accessed from the roadway are protected by automatic fire sprinklers. 503.2.1.2 Divided fire access roads. [Added] Divided fire access roads shall be subject to review and approval by the fire code official. Each lane shall be a minimum width of 14 feet. Lengths and locations of specific divided sections shall be approved by the fire code official. 503.2.5 Dead ends. [Amended] Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus, and shall not exceed 600 feet in length.
503.6 Security gates. [Amended] The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be equipped with an automatic opening device, listed in accordance with UL 325, in addition to a key opening switch. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F 2200. Vehicle access gates or barriers shall be in accordance with the City of Orange Fire Master Plan Guidelines. 503.6.1 Electric gate operator signage. [Added] Where electric gate operators are provided with an automatic opening device, signage shall be placed at ingress and egress side of gate. The sign shall consist of letters having a principal stroke of not less than ½ inch wide and not less than 4 inches high on contrasting, reflective background.
505.1 Address Identification. [Amended] New and existing buildings shall be provided with approved address identification. The identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters.

Numbers shall not be spelled out. Each character shall not be less than 4 inches high with a minimum stroke width of ½ inch for R-3 occupancies. For all other occupancies, the identification shall be a minimum of 8 inches high with a minimum stroke width of 1 inch, and shall be approved by the fire code official. Address numbers shall be illuminated during the hours of darkness. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. 505.1.1 Building complexes. [Added] Approved diagrammatic representations shall be positioned at all entrances to building complexes. The diagrammatic representations shall show the overall 465
9 site, location of the viewer, buildings and units and the addresses or unit designations within the complex, and shall be internally or externally illuminated as approved during the hours of darkness.
510.1 Emergency responder radio coverage in new buildings. [Amended] New buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. Notwithstanding the following exceptions, structures of non-combustible construction shall be provided with infrastructure, at construction, to accommodate potential of future requirement.

Exceptions:

1. Where it is determined by the fire code official that the radio coverage system is not needed.

2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of that facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system.

3. Elevators.

4. Structures that are three stories or less without subterranean storage or parking and that do not exceed 50,000 square feet on any single story.

5. Wood-constructed residential structures four stories or less without subterranean storage or parking that are not built integral to an above ground multi-story parking structure.

6. Structures that are three stories or less and do not exceed 50,000 square feet on any single story, including subterranean storage or parking, shall be provided with coverage only in the subterranean areas.

7. Existing buildings or structures, unless required by the fire code official for buildings and structures undergoing extensive remodel and/or expansion. 510.2 Emergency responder radio coverage in existing buildings. [Amended] A thirdparty test report shall be conducted to verify need for coverage, when determined as necessary, at the discretion of the fire code official. 510.4.1.1 Minimum signal strength into the building. [Amended] The minimum inbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire code official. The inbound signal level shall be sufficient to provide not 466
10 less than a Delivered Audio Quality (DAQ) of 3.4 or an equivalent Signal-to-Interference-PlusNoise Ratio (SINR) applicable to the technology for either analog or digital signals. 510.4.1.2 Minimum signal strength out of the building. [Amended] The minimum outbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire code official. The outbound signal level shall be sufficient to provide not less than a DAQ of 3.4 or an equivalent SINR applicable to the technology for either analog or digital signals.
510.4.2.2 Technical criteria. [Amended] The fire code official shall maintain a document providing the specific technical information and requirements for the emergency responder radio coverage system. This document shall contain, but not be limited to, the various frequencies required, the location of radio sites, effective radiated power of radio sites, the maximum propagation delay in microseconds, the applications being used and other supporting technical information necessary for system design.

1. The frequency range supported from the 800 MHz Countywide Communications System shall be 851-861 MHz (base transmitter frequencies).

2. The frequency range supported to the 800 MHz Countywide Communications System shall be 806-816 MHz (radio field transmit frequencies).

3. A public safety radio amplification system shall include filters to reject frequencies below 851 MHz and frequencies above 861 MHz by a minimum of 35dB.

4. All system components must be 100 percent compatible with analog and digital modulations after installation without adjustments or modifications. The systems must be capable of encompassing the frequencies stated herein and capable of future modifications to a frequency range subsequently established by the jurisdiction.

5. Active devices shall have a minimum of -50 dB 3rd order intermodulation protection.

6. All active in-building coverage devices shall be FCC Part 90 Type Certified 510.5.3 Minimum qualifications of personnel. [Amended] The minimum qualifications of the system designer and lead installation personnel shall include both of the following:

1. A valid FCC-issued general radio operator’s license.

2. Certification of in-building system training issued by an approved organization or approved school, or a certificate issued by the manufacturer of the equipment being installed. 510.5.4 Acceptance test procedure. [Amending only item 7] When an in-building, two-way emergency responder radio coverage system is required, and upon completion of installation, the building owner shall have the radio system tested to ensure that two-way coverage on each floor of the building is not less than 95 percent. The test procedure shall be conducted as follows: … 467
11 7. As part of the installation a spectrum analyzer or other suitable test equipment shall be utilized to ensure spurious oscillations are not being generated by the subject signal booster. This test shall be conducted at the time of installation and subsequent annual inspections. by the FCC licensed technician hired by the property owner and an OCSD/Communications Division FCC-certified technician.
510.6.1 Testing and proof of compliance. [Amended]
The owner of the building or owner’s authorized agent shall have the emergency responder radio coverage system inspected and tested annually or when structural changes occur including additions or remodels that could materially change the original field performance tests. Testing shall consist of the following:

1. In-building system components shall be tested to determine general functional operability.

2. Signal boosters shall be tested to ensure that the gain is the same as it was upon initial installation and acceptance.

3. Backup batteries and power supplies shall be tested under load of a period of one hour to verify that they will properly operate during an actual power outage. If within the 1-hour test period the battery exhibits symptoms of failure, the test shall be extended for additional 1-hour periods until the integrity of the battery can be determined.

4. Other active components shall be checked to verify operation within the manufacturer’s specifications.

At the conclusion of the testing, a certification report, which shall verify compliance with Section 510.5.3, shall be submitted by the FCC licensed technician to OCSD Communications and the fire code official. Failure to submit to the fire code official shall constitute a violation and will be prosecuted in accordance with Section 110.4.

If noncompliance is found, the FCC licensed technician will assess improvements necessary and provide such information to OCSD Communications and the fire code official. The report shall be submitted to the fire code official within 14 days of failed test. 605.10.2 Automatic and manual operation. [Amended] An automatic emergency stop feature shall be provided in accordance with Sections 605.10.2.1 and 605.10.2.2., and shall be capable of manual operation. The manual valves shall be located in an approved location immediately outside of the machinery room, in a secure metal box or equivalent and marked as “Emergency Controls.” 901.6.1.1 Maintenance of smoke alarms in apartment buildings. [Added] Installation and maintenance of smoke alarms in apartment buildings shall conform to the following:

1. Apartment building owners shall supply, install, test and maintain all required smoke alarms before renting to a new tenant. The amount and types of smoke alarms shall 468
12 conform to the California Building Code in effect at the time of building construction and requirements for existing buildings.

2. The tenant shall be responsible for testing of all required smoke alarms in accordance with manufacturer instructions in his/her respective dwelling unit. Within 60 days of the first of each year, the owner shall request each tenant for the status of all smoke alarms.

3. Within 10 days of receiving the smoke alarm status request, and in no event later than March 10 of each year, each tenant shall notify the owner, in writing, on a form provided by the owner, of the condition of each required smoke alarm installed in the dwelling unit.

4. Upon receipt of a written notice from a tenant that a smoke alarm is in need of maintenance or replacement, the owner shall perform such maintenance as is necessary within 10 days of receipt of such notification.

5. The hotel or apartment owner shall maintain records of compliance for a period of three years from March 10 of each year.
903.2 Where required. [Amended] Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists and in the locations described in Sections 903.2.1 through 903.2.12 and Sections 903.2.14 through 903.2.21, as applicable.

New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.21, all buildings shall be protected throughout by an automatic fire sprinkler system when the total building area exceeds 5,000 square feet in Types I, II, III and IV construction, and 3,000 square feet in Type V construction as defined in the California Building Code, regardless of fire areas or allowable area.

Exceptions:

1. Buildings with areas reduced to less than that requiring fire sprinklers using 3-hour rated fire walls, or greater as determined by code for assembly occupancies, constructed in accordance with the California Building Code Chapter 7.

Existing Buildings: Notwithstanding any applicable provisions of this code, an existing building shall be protected throughout by an automatic fire sprinkler system when the building meets the conditions for required automatic fire sprinkler protection throughout, and one or more of the following conditions occurs:

1. An area increase of 33% or more is made to a building, resulting in an area requiring installation of an automatic fire sprinkler system in a new building.

Exception: Buildings housing Group R-3 occupancies shall be protected throughout by an automatic fire sprinkler system when the area of the building is modified, resulting in an area exceeding 5,000 square feet.
469
13 2. A change is made to the occupancy classification and use of the building which increases the level of hazard as determined by the fire code official. When the occupancy is changed to an assembly use, the requirements of Section 903.2.1 shall apply.

3. A significant modification is made to the building, or a modification impacting approximately 50% the structural system of the building as determined by the fire code official.
903.3.5.3 Hydraulically calculated systems. [Added] The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity. The capacity shall be calculated using a combination of the following criteria:

1. The lowest water supply flow test conducted in accordance with National Fire Protection Association (NFPA) within the last 12 calendar months.
903.4.4 Locking of control valves. [Added] All valves required to be electrically supervised by this section shall also be sealed or locked in the position of normal operation. 904.3.5 Monitoring. [Added] Where a building fire alarm or monitoring system is installed, automatic fire-extinguishing systems shall be monitored by the building fire alarm or monitoring system in accordance with NFPA 72.
905.4.3 Height of outlet. [Added] The centerline of the 2.5 inch outlet shall be no less than 18 inches and no more than 24 inches above the finished floor.

Chapter 11 Construction Requirements for Existing Buildings. Only those sections and subsections listed below are adopted:
1103.3.3
1103.7
1103.7.3
1103.7.3.1
1103.7.8 – 1103.7.8.2
1103.7.9 – 1103.7.9.10
1103.8 – 1103.8.5.3
1103.9.1
1107
1113
1114
1115
1116
Chapter 25 Fruit and Crop Ripening. [Deleted]
Chapter 26 Fumigation and Insecticidal Fogging. [Deleted] 470
14 2801.2 Permits. [Amended] A permit shall be required as set forth in Sections 105.5 and 105.5.27. 2808.2 Storage site. [Amended] Storage sites shall be level and on solid ground, elevated soil lifts or other all-weather surface. Sites shall be thoroughly cleaned and approval obtained from the fire code official before transferring products to the site. 2808.3 Size of piles or stacks. [Amended] Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length. Stackable products shall not be stacked in excess of 20 feet in height, 50 feet in width and 100 feet in length.
2808.3.1 Increase in pile or stack size. [Amended] Piles or stackable products are permitted to be increased beyond the dimensions in Section 2808.3, provided that a written fire protection plan is approved by the fire code official. Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features. The fire protection plan shall include, but is not limited to, the following:
[Adopt all subsections including the following amendments].

1. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in emergency situation.

4. The potential for spontaneous heating shall be evaluated and provisions made to control the temperature of the piles. Methods for monitoring the internal temperature of the pile shall be provided. Piles shall be rotated when internal temperature readings are in excess of 165 degrees Fahrenheit. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall comply with the requirements of this chapter and be monitored to verify that the temperature remains stable. 2808.7 Pile fire protection. [Amended] Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas. 2808.9 Material-handling equipment. [Amended] All material-handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester.

Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire-fighting operations. 3208.3.1 Flue space protection. [Amended] Flue spaces required by Table 3208.3 above the first tier of storage in single-, double- or multiple-row rack storage installations shall be equipped with approved protection devices. Devices shall be fabricated of ¼” minimum thickness steel or other 471
15 approved material and shall extend a minimum of 4 inches above the shelves or cross members when in the mounted position. Such devices shall not be removed or modified. 4906.3 Application. [Amended] All new plantings of vegetation in State Responsibility Areas (SRA) and Local Responsibility Areas (LRA) designated as a Very High Hazard Severity Zone shall comply with Section 4906.3 through 4906.5, and Orange City Fire Department Guideline “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
4906.5 Fuel Modification Requirements for New Construction. [Added] All new buildings to be built or installed in a Very High Fire Hazard Severity Zone shall comply with the following:

1. Preliminary fuel modification plans shall be submitted to and approved by the fire code official prior to or concurrently with the approval of any tentative map.

2. Final fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit.

3. The fuel modification plans shall meet the criteria set forth in the Fuel Modification Section of Orange City Fire Department Guideline “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”

4. The fuel modification plan shall include provisions for the maintenance of the fuel modification in perpetuity.

5. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification areas shall have prior approval from the fire code official.

6. All elements of the fuel modification plan shall be maintained in accordance with the approved plan and are subject to the enforcement process outlined in the Fire Code. 4907.3 Requirements. [Amended] Hazardous vegetation and fuels around all applicable buildings and structure shall be maintained in accordance with the following laws and regulations:

1. Public Resources Code, Section 4291.

2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Section 1299.03 (see guidance for implementation “General Guideline to Create Defensible Space”).

3. California Government Code, Section 51182.

4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section

3.07. 5. Orange City Fire Department Guideline “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.” 472
16 5003.1.1.1 Extremely Hazardous Substances. [Added] No person shall use or store any amount of extremely hazardous substances (EHS), as defined in 40 CFR part 355.61, in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al.) in a residentially zoned or any residentially developed property.
5004.12 Noncombustible floor. [Amended] Except for surfacing, floors of storage areas shall be of noncombustible, liquid-tight construction.
5601.2.2 Sale and retail display or use. [Amended] Persons shall not construct a retail display nor offer for sale explosives, explosive materials or fireworks on highways, sidewalks, public property or in Group A or E occupancies. The storage, use, sale, possession, and handling of fireworks 1.4G (commonly referred to as Safe & Sane) and fireworks 1.3G is prohibited.

Exceptions:

1. Fireworks in accordance with California Code of Regulations, Title 19, Division 1, Chapter 6, see Section 5608.

2. Fireworks 1.4G and fireworks 1.3G may be part of an electrically fired public display when permitted and conducted by a licensed pyrotechnic operator 5601.7 Seizure. [Amended] The fire code official shall have the authority to seize, take, and remove or cause to be removed or disposed of in an approved manner, at the expense of the owner, explosives, explosive materials, or fireworks offered or exposed for sale, stored, possessed, or used in violation of this chapter.
5608.1 General. [Amended] Outdoor fireworks displays, use of pyrotechnics before a proximate audience and pyrotechnic special effects in motion picture, television, theatrical and group entertainment productions shall comply with California Code of Regulations, Title 19, Division 1, Chapter 6 Fireworks, the Orange City Fire Department Guidelines for Public Fireworks Displays, with the conditions of the permit as approved by the fire code official and this section. 5608.2 Firing. [Added] All fireworks displays shall be electrically fired. 5608.3 Permits. [Added] A permit shall be required as set forth in Sections 105.5. 5608.3.1 Application for Permit. [Added] The application for permit shall include a dimensioned or scaled diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged. The fallout area shall be identified based on 100 feet per inch of shell size. Details shall include, but not limited to, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions. 5701.1.1 On-Demand Mobile Fueling. [Added] On-demand mobile fueling of Class I, II, and III liquids into the fuel tanks of vehicles is prohibited.
473
17 5704.2.9.6.1 Location where above-ground tanks are prohibited. [Amended] Above-ground tanks shall be prohibited except for the following locations:

1. M-1 or M-2 zones as established by the Planning Division of the City of Orange Community Development Department, and as

2. As approved by the fire code official.
5704.2.11 Underground tanks. [Amended] Underground storage of flammable and combustible liquids in tanks shall comply with Section 5704.2 and Sections 5704.2.11.1 through 5704.2.11.4.2.1, the applicable Sections of Chapter 50, and California Health and Safety Code (H&SC) Ch. 6.7.

Section 5707 On-Demand Mobile Fueling Operations. [Deleted] Section 5801.1 Scope. [Amended] The storage and use of flammable gases and flammable cryogenic fluids shall be in accordance with this chapter, NFPA 2 and NFPA 55. Compressed gases shall also comply with Chapter 53 and cryogenic fluids shall also comply with Chapter 55.

Flammable cryogenic fluids shall comply with Section 5806. Hydrogen motor fuel-dispensing stations and repair garages and their associated above-ground hydrogen storage systems shall also be designed, constructed and maintained in accordance with Chapter 23. Mobile fueling of gaseous and liquid hydrogen, compressed natural gas (CNG), and liquefied natural gas (LNG) into the fuel tanks of vehicles is prohibited.

Exceptions:

1. Gases used as refrigerants in refrigeration systems (see Section 605).

2. Liquefied petroleum gases and natural gases regulated by Chapter 61.

3. Fuel-gas systems and appliances regulated under the California Mechanical Code and the California Plumbing Code other than gaseous hydrogen systems and appliances.

4. Pyrophoric gases in accordance with Chapter 64.

Section 5809 Mobile Gaseous Fueling of Hydrogen-Fueled Vehicles. [Deleted] 6004.2.2.7 Treatment Systems. [Deleted and Replaced] The exhaust ventilation from gas cabinets, exhausted enclosures and gas rooms, and local exhaust systems required in Sections 6004.2.2.4 and 6004.2.2.5 shall be directed to a treatment system. The treatment system shall be utilized to handle the accidental release of gas and to process exhaust ventilation. The treatment system shall be designed in accordance with Sections 6004.2.2.7.1 through 6004.2.2.7.5 and Chapter 5 of the California Mechanical Code.
474
18 Exceptions:

1. Highly toxic and toxic gases–storage/use. Treatment systems are not required for toxic gases supplied by cylinders or portable tanks not exceeding 1,700 pounds (772 kg) where all of the following controls are provided:

1.1 A listed or approved gas detection system with a sensing interval not exceeding 5 minutes.

1.2 A listed and approved automatic-closing fail-safe valve located immediately adjacent to cylinder valves. The fail-safe valve shall close when gas is detected at the permissible exposure limit (PEL) by a gas detection system monitoring the exhaust system at the point of discharge from the gas cabinet, exhausted enclosure, ventilated enclosure or gas room. The gas detection system shall comply with Section 6004.2.2.10.

Chapter 80 Referenced Standards
NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems

9.4.3.1 [Amended] When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick-response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following:

1. Quick-response type as defined in 3.3.215.4.16

2. Residential sprinklers in accordance with the requirements of Chapter 12

3. Quick response CMSA sprinklers

4. ESFR sprinklers

5. Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers

6. Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing light hazard systems

16.12.2 [Amended] The following systems shall not require a fire department connection:
(1) Buildings located in remote areas that are inaccessible for fire department support (2) Large-capacity deluge systems exceeding the pumping capacity for the fire department 475
19 16.12.3.1 [Delete and Replace] The FDC shall contain a minimum of two 2 1/2" inlets. The location shall be approved and be no more than 40 feet from a fire hydrant, and at least 40 feet from the building it supplies unless otherwise approved by the fire code official. The size of piping and the number of inlets shall be approved by the fire code official. If acceptable to the water purveyor, it may be installed on the backflow assembly. Fire department inlet connections shall be painted "OSHA safety red." Four 2 1/2" inlets shall be provided when the automatic fire sprinkler system design (including system-supplied fire hose stream demand) requires 500 gpm or greater.

19.1.1.1 [Added] When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction(s) in density or design area. Warehouse fire sprinkler systems shall be designed to Figure 16.2.1.3.2 (d) curve “G”. Use is considered undetermined if a specific tenant/occupant is not identified at the time the sprinkler plan is submitted. Where a subsequent use or occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new use or occupancy.

NFPA 13D 2022 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes

7.1.2 [Delete and Replace] The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service.

NFPA 14, 2019 Edition, Standard for the Installation of Standpipe and Hose Systems

7.3.1.1 [Amended] Class I and III Standpipe hose connections shall be unobstructed and shall be located not less than 18 inches or more than 24 inches above the finished floor. Class II Standpipe hose connections shall be unobstructed and shall be located not less than 3 feet or more than 5 feet above the finished floor.

NFPA 24, 2019 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances

6.2.8.1 [Added] All indicating valves controlling fire suppression water supplies shall be painted OSHA red.

Exceptions:

1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.

6.2.9 [Amended] All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:

1. A post indicator valve installed not less than 40 feet from the building. 476
20 1.1 For buildings less than 40 feet (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 feet but at least as far from the building as the height of the wall facing the post indicator valve.

2. A wall post indicator valve.

3. An indicating valve in a pit, installed in accordance with Section 6.4.

4. A backflow preventer with at least one indicating valve not less than 40 feet from the building.

4.1 For buildings less than 40 feet in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 feet but at least as far from the building as the height of the wall facing the backflow preventer.

5. Control valves installed in a fire-rated room accessible from the exterior.

6. Control valves in a fire-rated stair enclosure accessible from the exterior.

10.1.5 [Added] All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose, 8-mil polyethylene tube or sheet.

The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2 inch wide tape approved for underground use. Galvanizing does not meet the requirements of this section.

Exception: 304 or 316 Stainless Steel pipe and fittings

10.4.1.1 Coatings. [Amended] All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.

Exception: [Added] Bolted joint accessories made from 304 or 316 stainless steel.

10.4.1.1.1 [Added] All bolts used in pipe-joint assembly shall be 316 stainless steel.

10.4.3.1 [Amended]Private fire service mains supplying fire protection systems within the building shall be permitted to extend no more than 24 inches, as measured from the outside of the building, under the building to the riser location.

10.4.3.2 [Amended] Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2.1 through 10.4.3.2.4.

Appendices D, E, F, G, H, I, J, K, L, M and N. [Deleted] 477
21 SECTION II:

If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.

SECTION III:

Neither the adoption of this Ordinance nor the amendment hereby of any other Ordinance of this City shall in any manner affect the prosecution for violations of Ordinances, which violations were committed prior to the effective date hereof, nor to be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this Ordinance, insofar as they are substantially the same as Ordinance provisions previously adopted by the City related to the same subject matter, shall be constructed as restatements and continuations, and not as new enactments.

SECTION IV:

References to Prior Code – Unless superseded and expressly repealed, references in City forms, documents and regulations to the chapters and sections of former adopted Orange Fire Codes shall be construed to apply to the corresponding provisions within the 2022 Orange Fire Code. Ordinance 07-22 of the City of Orange and all other Ordinances and parts of Ordinances in conflict herewith are hereby superseded and expressly repealed.

SECTION V:

The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.

ADOPTED this ____ day of ________________, 2022.
_____________________________________
Mark Murphy, Mayor, City of Orange
ATTEST:
________________________________________
Pamela Coleman, City Clerk, City of Orange
478
22 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the ___ day of ___________, 2022, and thereafter at the regular meeting of said City Council duly held on the ___ day of __________, 2022, was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________________________
Pamela Coleman, City Clerk, City of Orange
479
Agenda Item
City Council
Item #: 3.26. 11/15/2022 File #: 22-0605
TO: Honorable Mayor and Members of the City Council
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of cartridge filters and O-rings for Well PFAS treatment systems from various vendors.

2. SUMMARY
Request to authorize purchase orders in the amount of $300,000 with Towner Filtration $300,000 with Pure Process Filtration, and $100,000 with PDDA Filtration System for purchase of cartridge filters and O-rings for PFAS treatment systems at Wells 9, 19, 23, and 24.

3. RECOMMENDED ACTION
Approve purchase orders for PFAS cartridge filters and O-rings in the amount of $300,000 with Towner Filtration, $300,000 with Pure Process Filtration, and $100,000 with PDDA Filtration System for a total amount of $700,000.

4. FISCAL IMPACT
The total expenditure for these purchases is $700,000 and will be funded through Water Fund (600).

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

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

6. DISCUSSION AND BACKGROUND
The Public Works Department Water Division recently completed and started Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) treatment systems at Wells 9, 19, 23, and 24. Together with resins, the filters play a vital role in preventing suspended solids from entering the vessels and will ensure the system’s ability to remove PFAS from groundwater. As part of an agreement between the Orange County Water District and the City, the operation and maintenance cost, including replenishment of filters, shall be shared between the agencies at the end of each fiscal year. Due to the lack of availability and long lead times to get these filters, it is necessary to purchase and stock additional filters in advance to avoid interruption to the operation.

The Public Works Department Water Division used an informal bid process to solicit quotes from vendors who currently have the filters and O-rings in stock and can ship out in a timely manner.

There is no specific vendor that can continually provide the lowest price for both items; therefore, the City of Orange Page 1 of 2 Printed on 11/10/2022
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Item #: 3.26. 11/15/2022 File #: 22-0605
There is no specific vendor that can continually provide the lowest price for both items; therefore, the Water Division will purchase materials from the vendors that offer the lowest price for that item at the time of purchase.

The Water Division has completed extensive research and identified the following vendors who can supply filters and O-rings that meet the project specifications. As the amount of purchases from each vendor is over the $30,000 per-year limit, per-vendor, staff is requesting the City Council authorize the purchase orders, on an as-needed basis, in the amounts shown in the table for Fiscal Year 2022- 2023.

Vendor Amount
Towner Filtration $300,000
Pure Process Filtration $300,000
PDDA Filtration System $100,000
The Public Works Department Water Division continues to monitor and seek out vendors with the lowest prices to ensure the City is getting the best value available.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 11/10/2022
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Agenda Item
City Council
Item #: 3.26. 11/15/2022 File #: 22-0605
TO: Honorable Mayor and Members of the City Council
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of cartridge filters and O-rings for Well PFAS treatment systems from various vendors.

2. SUMMARY
Request to authorize purchase orders in the amount of $300,000 with Towner Filtration $300,000 with Pure Process Filtration, and $100,000 with PDDA Filtration System for purchase of cartridge filters and O-rings for PFAS treatment systems at Wells 9, 19, 23, and 24.

3. RECOMMENDED ACTION
Approve purchase orders for PFAS cartridge filters and O-rings in the amount of $300,000 with Towner Filtration, $300,000 with Pure Process Filtration, and $100,000 with PDDA Filtration System for a total amount of $700,000.

4. FISCAL IMPACT
The total expenditure for these purchases is $700,000 and will be funded through Water Fund (600).

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

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

6. DISCUSSION AND BACKGROUND
The Public Works Department Water Division recently completed and started Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) treatment systems at Wells 9, 19, 23, and 24. Together with resins, the filters play a vital role in preventing suspended solids from entering the vessels and will ensure the system’s ability to remove PFAS from groundwater. As part of an agreement between the Orange County Water District and the City, the operation and maintenance cost, including replenishment of filters, shall be shared between the agencies at the end of each fiscal year. Due to the lack of availability and long lead times to get these filters, it is necessary to purchase and stock additional filters in advance to avoid interruption to the operation.

The Public Works Department Water Division used an informal bid process to solicit quotes from vendors who currently have the filters and O-rings in stock and can ship out in a timely manner.

There is no specific vendor that can continually provide the lowest price for both items; therefore, the City of Orange Page 1 of 2 Printed on 11/10/2022
powered by Legistar™482
Item #: 3.26. 11/15/2022 File #: 22-0605
There is no specific vendor that can continually provide the lowest price for both items; therefore, the Water Division will purchase materials from the vendors that offer the lowest price for that item at the time of purchase.

The Water Division has completed extensive research and identified the following vendors who can supply filters and O-rings that meet the project specifications. As the amount of purchases from each vendor is over the $30,000 per-year limit, per-vendor, staff is requesting the City Council authorize the purchase orders, on an as-needed basis, in the amounts shown in the table for Fiscal Year 2022- 2023.

Vendor Amount
Towner Filtration $300,000
Pure Process Filtration $300,000
PDDA Filtration System $100,000
The Public Works Department Water Division continues to monitor and seek out vendors with the lowest prices to ensure the City is getting the best value available.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 11/10/2022
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Agenda Item
City Council
Item #: 3.27. 11/15/2022 File #: 22-0628
TO: Honorable Mayor and Members of the City Council
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Purchase order for major Fire Engine and Apparatus repairs from Fire Apparatus Solutions.

2. SUMMARY
Authorize purchase order in the amount of $100,000 with Fire Apparatus Solutions for major Fire Engine and Apparatus repairs on an as-needed basis during Fiscal Year 2022-2023.

3. RECOMMENDED ACTION
Approve the purchase order for major Fire Engine and Apparatus repairs from Fire Apparatus Solutions in the amount not to exceed $100,000 in Fiscal Year 2022-2023.

4. FISCAL IMPACT
The total expenditure for this purchase is $100,000 and will be funded through the Vehicle Maintenance Fund (710).

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

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

6. DISCUSSION AND BACKGROUND
The Fleet Division is responsible for maintaining the ready status of all fire apparatus and performs most maintenance in house. Major structural and specialized repairs are performed by qualified vendors, of whom there are only two in Southern California: Fire Apparatus Solutions in Rialto and So Cal Fleet Services, Inc in Anaheim.

The 2001 Seagrave, an Urban Search and Rescue (US&R) tiller truck, is a vital asset to the City, supporting the continuous operations of critical government and business functions essential to health, safety, and economic security. The US&R truck houses various rescue equipment and is used by emergency response teams as part of an integrated disaster response task force. When the frame cracked on the tiller truck, it needed to be re-engineered and repaired on an emergency basis, which was performed by Fire Apparatus Solutions.

Fire Apparatus Solutions specializes in extensive fire apparatus repairs, serving various Fire Departments throughout San Bernardino, Los Angeles, Riverside, and Orange counties. They were the only local vendor who was able to perform the repairs within couple of weeks in order to put this unit back in service for the Fire Department. In the past, the Fleet Division has found Fire Apparatus City of Orange Page 1 of 2 Printed on 11/10/2022 powered by Legistar™484
Item #: 3.27. 11/15/2022 File #: 22-0628
unit back in service for the Fire Department. In the past, the Fleet Division has found Fire Apparatus Solutions to be reliable and responsive when repairs are critical and time sensitive.

As this was a critical repair, the restoration in the amount of $43,184 has already been completed, and the US&R truck is back in service.

The Fleet Division utilizes Fire Apparatus Solutions for parts and other repair services throughout the year, in an average amount over $30,000. With this large repair cost, it is necessary to request City Council approve an amended purchase order. Staff recommends approving a purchase order for $100,000 to cover the repairs for the US&R truck, other parts and repairs, and future needs on an asneeded basis during Fiscal Year 2022-23.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 11/10/2022
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Agenda Item
City Council
Item #: 3.27. 11/15/2022 File #: 22-0628
TO: Honorable Mayor and Members of the City Council
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Purchase order for major Fire Engine and Apparatus repairs from Fire Apparatus Solutions.

2. SUMMARY
Authorize purchase order in the amount of $100,000 with Fire Apparatus Solutions for major Fire Engine and Apparatus repairs on an as-needed basis during Fiscal Year 2022-2023.

3. RECOMMENDED ACTION
Approve the purchase order for major Fire Engine and Apparatus repairs from Fire Apparatus Solutions in the amount not to exceed $100,000 in Fiscal Year 2022-2023.

4. FISCAL IMPACT
The total expenditure for this purchase is $100,000 and will be funded through the Vehicle Maintenance Fund (710).

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

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

6. DISCUSSION AND BACKGROUND
The Fleet Division is responsible for maintaining the ready status of all fire apparatus and performs most maintenance in house. Major structural and specialized repairs are performed by qualified vendors, of whom there are only two in Southern California: Fire Apparatus Solutions in Rialto and So Cal Fleet Services, Inc in Anaheim.

The 2001 Seagrave, an Urban Search and Rescue (US&R) tiller truck, is a vital asset to the City, supporting the continuous operations of critical government and business functions essential to health, safety, and economic security. The US&R truck houses various rescue equipment and is used by emergency response teams as part of an integrated disaster response task force. When the frame cracked on the tiller truck, it needed to be re-engineered and repaired on an emergency basis, which was performed by Fire Apparatus Solutions.

Fire Apparatus Solutions specializes in extensive fire apparatus repairs, serving various Fire Departments throughout San Bernardino, Los Angeles, Riverside, and Orange counties. They were the only local vendor who was able to perform the repairs within couple of weeks in order to put this unit back in service for the Fire Department. In the past, the Fleet Division has found Fire Apparatus City of Orange Page 1 of 2 Printed on 11/10/2022 powered by Legistar™486
Item #: 3.27. 11/15/2022 File #: 22-0628
unit back in service for the Fire Department. In the past, the Fleet Division has found Fire Apparatus Solutions to be reliable and responsive when repairs are critical and time sensitive.

As this was a critical repair, the restoration in the amount of $43,184 has already been completed, and the US&R truck is back in service.

The Fleet Division utilizes Fire Apparatus Solutions for parts and other repair services throughout the year, in an average amount over $30,000. With this large repair cost, it is necessary to request City Council approve an amended purchase order. Staff recommends approving a purchase order for $100,000 to cover the repairs for the US&R truck, other parts and repairs, and future needs on an asneeded basis during Fiscal Year 2022-23.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 11/10/2022
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Agenda Item
City Council
Item #: 3.28. 11/15/2022 File #: 22-0566
TO: Honorable Mayor and Members of the City Council
FROM: Jeff Adams, Interim Community Development Director

1. SUBJECT
Time extension for Zone Change No. 1297-19, Tentative Tract Map No. 0049-19, Major Site Plan Review No. 0969-19, Design Review No. 4969-19, and Subsequent Mitigated Negative Declaration No. 1865-19 (32-unit Cohen Residential Project).

2. SUMMARY
A request to extend the entitlements to redevelop an existing 2.9-acre multi-tenant commercial shopping center site with 32, two-story detached residential condominium units, common open space, and related site improvements, located at 1997 N. Orange Olive Road and 301-347 E. Grove Avenue.

3. RECOMMENDED ACTION

1. Approve a one-year time extension for Zone Change No. 1297-19, Tentative Tract Map No. 0049-19, Major Site Plan Review No. 0969-19, Design Review No. 4969-19, and Subsequent Mitigated Negative Declaration No. 1865-19 pursuant to Orange Municipal Code Section

17.08.060.

2. Approve a six-year time extension for Zone Change No. 1297-19, Tentative Tract Map No. 0049-19, Major Site Plan Review No. 0969-19, Design Review No. 4969-19, and Subsequent Mitigated Negative Declaration No. 1865-19 pursuant to Subdivision Map Act Section 66452.6(e).

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community. c. Support and enhance attractive, diverse living environments.

6. DISCUSSION AND BACKGROUND
On December 8, 2020, the City Council adopted Ordinance No. 20-20 and Resolution No. 11288 approving the redevelopment of an existing 2.9-acre multi-tenant commercial shopping center site with 32, two-story detached residential condominium units, common open space, and related site improvements, located at 1997 N. Orange Olive Road and 301-347 E. Grove Avenue (Attachments 2, 3, and 4).

On September 27, 2022, the Community Development Department received a written request from the project applicant (Attachment 1) requesting that a time extension be granted for the project entitlements. The request includes an extension pursuant to Orange Municipal Code Section

17.08.060, which allows for a one-year extension and an extension pursuant to Subdivision Map Act City of Orange Page 1 of 2 Printed on 11/10/2022
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Item #: 3.28. 11/15/2022 File #: 22-0566

17.08.060, which allows for a one-year extension and an extension pursuant to Subdivision Map Act Section 66452.6(e), which allows for a six-year extension. The extensions run consecutively; therefore, the total years of the extension would be seven from the expiration date of December 8, 2022.

The time extension will begin on December 8, 2022, and will expire on December 8, 2029. No changes have been proposed to the approved entitlements or plans.

7. ATTACHMENTS
· Attachment 1 Letter from David Cohen
· Attachment 2 Ordinance No. 20-20
· Attachment 3 City Council Resolution No. 11288
· Attachment 4 City Council Staff Report and Minutes, dated December 8, 2020 City of Orange Page 2 of 2 Printed on 11/10/2022
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Agenda Item
City Council
Item #: 3.28. 11/15/2022 File #: 22-0566
TO: Honorable Mayor and Members of the City Council
FROM: Jeff Adams, Interim Community Development Director

1. SUBJECT
Time extension for Zone Change No. 1297-19, Tentative Tract Map No. 0049-19, Major Site Plan Review No. 0969-19, Design Review No. 4969-19, and Subsequent Mitigated Negative Declaration No. 1865-19 (32-unit Cohen Residential Project).

2. SUMMARY
A request to extend the entitlements to redevelop an existing 2.9-acre multi-tenant commercial shopping center site with 32, two-story detached residential condominium units, common open space, and related site improvements, located at 1997 N. Orange Olive Road and 301-347 E. Grove Avenue.

3. RECOMMENDED ACTION

1. Approve a one-year time extension for Zone Change No. 1297-19, Tentative Tract Map No. 0049-19, Major Site Plan Review No. 0969-19, Design Review No. 4969-19, and Subsequent Mitigated Negative Declaration No. 1865-19 pursuant to Orange Municipal Code Section

17.08.060.

2. Approve a six-year time extension for Zone Change No. 1297-19, Tentative Tract Map No. 0049-19, Major Site Plan Review No. 0969-19, Design Review No. 4969-19, and Subsequent Mitigated Negative Declaration No. 1865-19 pursuant to Subdivision Map Act Section 66452.6(e).

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community. c. Support and enhance attractive, diverse living environments.

6. DISCUSSION AND BACKGROUND
On December 8, 2020, the City Council adopted Ordinance No. 20-20 and Resolution No. 11288 approving the redevelopment of an existing 2.9-acre multi-tenant commercial shopping center site with 32, two-story detached residential condominium units, common open space, and related site improvements, located at 1997 N. Orange Olive Road and 301-347 E. Grove Avenue (Attachments 2, 3, and 4).

On September 27, 2022, the Community Development Department received a written request from the project applicant (Attachment 1) requesting that a time extension be granted for the project entitlements. The request includes an extension pursuant to Orange Municipal Code Section

17.08.060, which allows for a one-year extension and an extension pursuant to Subdivision Map Act City of Orange Page 1 of 2 Printed on 11/10/2022
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Item #: 3.28. 11/15/2022 File #: 22-0566

17.08.060, which allows for a one-year extension and an extension pursuant to Subdivision Map Act Section 66452.6(e), which allows for a six-year extension. The extensions run consecutively; therefore, the total years of the extension would be seven from the expiration date of December 8, 2022.

The time extension will begin on December 8, 2022, and will expire on December 8, 2029. No changes have been proposed to the approved entitlements or plans.

7. ATTACHMENTS
· Attachment 1 Letter from David Cohen
· Attachment 2 Ordinance No. 20-20
· Attachment 3 City Council Resolution No. 11288
· Attachment 4 City Council Staff Report and Minutes, dated December 8, 2020 City of Orange Page 2 of 2 Printed on 11/10/2022
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Agenda Item
City Council
Item #: 3.29. 11/15/2022 File #: 22-0627
TO: Honorable Mayor and Members of the City Council
FROM: Richard Rohm, City Treasurer
Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Monthly Treasurer’s Report for July, August, and September 2022.

2. SUMMARY
Presentation of three monthly Treasurer’s Reports to the City Council, after the end of the quarter covered by the reports.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
d: Effectively manage and develop City assets.

6. DISCUSSION AND BACKGROUND
The City’s current Statement of Investment Policy has been adopted by the City Council of the City of Orange as Resolution 11340 and is in accordance with the California Government Code Sections 53600 et seq. Per the Investment Policy, three monthly investment reports are to be submitted to the City Council within 45 days following the end of the quarter.

As required by the City’s present Investment Policy, the City Treasurer’s report delineates all investments made by the City Treasurer for the City, its special funds, and the Successor Agency funds, by investment type and by broker.

The monthly Compliance Report certifying compliance of all investments with both the Government Code and the City’s Investment Policy is included.

The Investment Portfolio Statement accurately reflects all investments held by the City and its agents as of the end of the month. A reconciliation between total cash and investments and total cash per the General Ledger is also included.

Pursuant to California Government Code Section 53646(b)(3), the City certifies that the reported cash and investment balances are sufficient to meet anticipated expenditures for the next six months.

City of Orange Page 1 of 2 Printed on 11/10/2022
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Item #: 3.29. 11/15/2022 File #: 22-0627
Summary of changes in Treasurer’s cash and investments:

Operating Cash & Investments (1)
Balance @ 6/30/2022 $162,495,430
Monthly Activity:

Cash Received 50,524,105
Cash Disbursed (61,120,524)
Balance @ 9/30/2022 $151,899,010
(1)Represents the book balance. Includes operating cash and investments (valued at cost). Does not include deposits with administrator, imprest cash, fiscal agent cash and investments, and deferred compensation.

Significant Monthly Cash Transactions:

July August September
Cash Receipts:

Sales Tax Revenue $ 4,762,054 6,795,775 4,653,018
Property Taxes 464,733 60,463 460,395
Cash Disbursements:

PERS Employee Benefits 2,068,027 670,759 670,975
Municipal Water District Purchase Water 1,549,780 1,183,799 1,259,031 RC Construction Services Fire Headquarters 1,805,587 497,153 1,437 Southern Counties Oil Sales Tax Sharing 1,442,959
CIPA Insurance Premium 3,270,346
R J Noble Company Pavement Maint. 1,087,647 1,178 29,849 OCWD Replenishment 3,641,933
Excess Cash Receipts
Excess Cash Disbursements (7,609,203) (474,545) (2,795,444) LAIF Balance Beginning 74,900,000 68,900,000 68,400,000 Ending 68,900,000 68,400,000 67,900,000

7. ATTACHMENTS
· Investment Report for July 2022
· Investment Report for August 2022
· Investment Report for September 2022
City of Orange Page 2 of 2 Printed on 11/10/2022
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Agenda Item
City Council
Item #: 3.29. 11/15/2022 File #: 22-0627
TO: Honorable Mayor and Members of the City Council
FROM: Richard Rohm, City Treasurer
Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Monthly Treasurer’s Report for July, August, and September 2022.

2. SUMMARY
Presentation of three monthly Treasurer’s Reports to the City Council, after the end of the quarter covered by the reports.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
d: Effectively manage and develop City assets.

6. DISCUSSION AND BACKGROUND
The City’s current Statement of Investment Policy has been adopted by the City Council of the City of Orange as Resolution 11340 and is in accordance with the California Government Code Sections 53600 et seq. Per the Investment Policy, three monthly investment reports are to be submitted to the City Council within 45 days following the end of the quarter.

As required by the City’s present Investment Policy, the City Treasurer’s report delineates all investments made by the City Treasurer for the City, its special funds, and the Successor Agency funds, by investment type and by broker.

The monthly Compliance Report certifying compliance of all investments with both the Government Code and the City’s Investment Policy is included.

The Investment Portfolio Statement accurately reflects all investments held by the City and its agents as of the end of the month. A reconciliation between total cash and investments and total cash per the General Ledger is also included.

Pursuant to California Government Code Section 53646(b)(3), the City certifies that the reported cash and investment balances are sufficient to meet anticipated expenditures for the next six months.

City of Orange Page 1 of 2 Printed on 11/10/2022
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Item #: 3.29. 11/15/2022 File #: 22-0627
Summary of changes in Treasurer’s cash and investments:

Operating Cash & Investments (1)
Balance @ 6/30/2022 $162,495,430
Monthly Activity:

Cash Received 50,524,105
Cash Disbursed (61,120,524)
Balance @ 9/30/2022 $151,899,010
(1)Represents the book balance. Includes operating cash and investments (valued at cost). Does not include deposits with administrator, imprest cash, fiscal agent cash and investments, and deferred compensation.

Significant Monthly Cash Transactions:

July August September
Cash Receipts:

Sales Tax Revenue $ 4,762,054 6,795,775 4,653,018
Property Taxes 464,733 60,463 460,395
Cash Disbursements:

PERS Employee Benefits 2,068,027 670,759 670,975
Municipal Water District Purchase Water 1,549,780 1,183,799 1,259,031 RC Construction Services Fire Headquarters 1,805,587 497,153 1,437 Southern Counties Oil Sales Tax Sharing 1,442,959
CIPA Insurance Premium 3,270,346
R J Noble Company Pavement Maint. 1,087,647 1,178 29,849 OCWD Replenishment 3,641,933
Excess Cash Receipts
Excess Cash Disbursements (7,609,203) (474,545) (2,795,444) LAIF Balance Beginning 74,900,000 68,900,000 68,400,000 Ending 68,900,000 68,400,000 67,900,000

7. ATTACHMENTS
· Investment Report for July 2022
· Investment Report for August 2022
· Investment Report for September 2022
City of Orange Page 2 of 2 Printed on 11/10/2022
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MONTHLY ACCOUNT STATEMENT
City of Orange - Account #10888
JULY 1, 2022 THROUGH JULY 31, 2022
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures.

CHANDLER ASSET MANAGEMENT
chandlerasset.com
Chandler Team:

For questions about your account, please call (800) 317-4747, or contact [email protected]
Custodian
US Bank
Alex Bazan
(503) 464-3685
555

ACCOUNT SUMMARY
Beg. Values
as of 6/30/22
End Values
as of 7/31/22
Market Value 75,849,168 76,296,415
Accrued Interest 129,972 151,824
Total Market Value 75,979,140 76,448,238
Income Earned 54,816 57,323
Cont/WD -5,590
Par 80,425,325 80,455,437
Book Value 80,362,281 80,392,163
Cost Value 80,466,697 80,496,809

TOP ISSUERS
Federal National Mortgage Assoc 24.1%
Federal Home Loan Bank 23.5%
Federal Home Loan Mortgage Corp 22.9%
Toyota Motor Corp 6.0%
HSBC Holdings PLC 4.6%
Coca Cola Co. 3.9%
Government of United States 3.6%
Apple Inc 3.6%
Total 92.3%

PORTFOLIO CHARACTERISTICS
Average Modified Duration 2.47
Average Coupon 0.86%
Average Purchase YTM 0.88%
Average Market YTM 3.02%
Average S&P/Moody Rating AA/Aa1
Average Final Maturity 2.55 yrs
Average Life 2.54 yrs

SECTOR ALLOCATION MATURITY DISTRIBUTION CREDIT QUALITY (S&P) Portfolio Summary
As of July 31, 2022
City of Orange
Account #10888

PERFORMANCE REVIEW
Annualized
TOTAL RATE OF RETURN 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS 12/31/2021 City of Orange 0.62% 0.47% -4.01% N/A N/A N/A N/A N/A N/A ICE BofA 1-5 Yr US Treasury & Agency Index 0.66% 0.69% -3.31% N/A N/A N/A N/A N/A N/A Chandler Asset Management - CONFIDENTIAL Page 1 Execution Time: 8/2/2022 12:47:10 AM 556

BOOK VALUE RECONCILIATION
BEGINNING BOOK VALUE $80,362,281.37
Acquisition
+ Security Purchases $0.00
+ Money Market Fund Purchases $35,701.74
+ Money Market Contributions $0.00
+ Security Contributions $0.00
+ Security Transfers $0.00
Total Acquisitions $35,701.74
Dispositions
- Security Sales $0.00
- Money Market Fund Sales $0.00
- MMF Withdrawals $5,589.64
- Security Withdrawals $0.00
- Security Transfers $0.00
- Other Dispositions $0.00
- Maturites $0.00
- Calls $0.00
- Principal Paydowns $0.00
Total Dispositions $5,589.64
Amortization/Accretion
+/- Net Accretion ($230.01)
($230.01)
Gain/Loss on Dispositions
+/- Realized Gain/Loss $0.00
$0.00
ENDING BOOK VALUE $80,392,163.46

CASH TRANSACTION SUMMARY
BEGINNING BALANCE $95,325.19
Acquisition
Contributions $0.00
Security Sale Proceeds $0.00
Accrued Interest Received $0.00
Interest Received $35,500.00
Dividend Received $201.74
Principal on Maturities $0.00
Interest on Maturities $0.00
Calls/Redemption (Principal) $0.00
Interest from Calls/Redemption $0.00
Principal Paydown $0.00
Total Acquisitions $35,701.74
Dispositions
Withdrawals $5,589.64
Security Purchase $0.00
Accrued Interest Paid $0.00
Total Dispositions $5,589.64
ENDING BOOK VALUE $125,437.29
Reconciliation Summary
As of July 31, 2022
City of Orange
Account #10888
Chandler Asset Management - CONFIDENTIAL Page 2 Execution Time: 8/2/2022 12:47:10 AM557 Holdings Report
As of July 31, 2022
City of Orange
Account #10888
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
AGENCY
3135GABN0 FNMA Callable Note Qtrly 12/29/2021

0.28% Due 12/29/2023
5,000,000.00 12/29/2020

0.28%
5,000,000.00
5,000,000.00

96.22 3.04%
4,811,010.00
1,244.44

6.29%
(188,990.00)
Aaa / AA+
AAA

1.41 1.39
3130ALLM4 FHLB Callable Note Qtrly 6/28/2021

0.35% Due 3/28/2024
5,000,000.00 03/29/2021

0.37%
4,997,000.00
4,998,342.47

96.16 2.74%
4,807,785.00
5,979.17

6.30%
(190,557.47)
Aaa / AA+
NR

1.66 1.63
3134GWXC5 FHLMC Callable Note Qtrly 9/29/2021

0.35% Due 3/29/2024
5,000,000.00 12/10/2020

0.35%
5,000,000.00
5,000,000.00

95.52 3.14%
4,776,060.00
5,930.56

6.26%
(223,940.00)
Aaa / NR
AAA

1.66 1.63
3135GA4S7 FNMA Callable Note Qtrly 11/17/2022

0.375% Due 5/17/2024
5,000,000.00 11/20/2020

0.38%
5,000,000.00
5,000,000.00

95.57 2.92%
4,778,670.00
3,854.17

6.26%
(221,330.00)
Aaa / AA+
AAA

1.80 1.76
3135GA5Y3 FNMA Callable Note Qtrly 12/14/2021

0.375% Due 6/14/2024
4,375,000.00 12/14/2020

0.38%
4,375,000.00
4,375,000.00

95.22 3.02%
4,165,813.75
2,141.93

5.45%
(209,186.25)
Aaa / AA+
AAA

1.87 1.84
3134GWVE3 FHLMC Callable Note Qtrly 3/25/2021

0.4% Due 9/25/2024
4,575,000.00 11/19/2020

0.41%
4,573,627.50
4,574,232.73

94.75 2.94%
4,334,611.20
6,405.00

5.68%
(239,621.53)
Aaa / NR
AAA

2.16 2.11
3135GA4W8 FNMA Callable Note Qtrly 11/18/2022

0.5% Due 2/18/2025
5,000,000.00 11/20/2020

0.50%
5,000,000.00
5,000,000.00

93.76 3.06%
4,688,155.00
11,319.44

6.15%
(311,845.00)
Aaa / AA+
AAA

2.56 2.49
3130ANA42 FHLB Callable Note Qtrly 1/28/2022

0.65% Due 4/28/2025
4,000,000.00 07/28/2021

0.65%
4,000,000.00
4,000,000.00

94.07 2.91%
3,762,648.00
216.67

4.92%
(237,352.00)
Aaa / AA+
NR

2.75 2.68
3130AMBG6 FHLB Callable Note Qtrly 7/29/2021

0.75% Due 4/29/2025
5,000,000.00 05/04/2021

0.75%
5,000,000.00
5,000,000.00

94.22 2.96%
4,711,180.00
9,583.33

6.18%
(288,820.00)
Aaa / AA+
NR

2.75 2.68
3134GW3Z7 FHLMC Callable Note Qtrly 10/28/2021

0.6% Due 10/28/2025
9,000,000.00 10/28/2020

0.60%
9,000,000.00
9,000,000.00

93.03 2.87%
8,372,853.00
13,950.00

10.97%
(627,147.00)
Aaa / NR
AAA

3.25 3.16
3130ANDF4 FHLB Callable Note Annual 7/29/2022

0.9% Due 7/29/2026
5,000,000.00 07/29/2021

0.90%
5,010,000.00
5,000,000.00

93.31 2.68%
4,665,565.00
250.00

6.10%
(334,435.00)
Aaa / AA+
NR

4.00 3.88
Total Agency 56,950,000.00 0.51%
56,955,627.50
56,947,575.20 2.93%
53,874,350.95
60,874.71

70.55%
(3,073,224.25)
Aaa / AA+
AAA

2.40 2.35

CORPORATE
69371RR81 Paccar Financial Corp Note

3.15% Due 6/13/2024
895,000.00 06/06/2022

3.16%
894,794.15
894,807.95

99.75 3.29%
892,727.60
3,759.00

1.17%
(2,080.35)
A1 / A+
NR

1.87 1.79
40434CAD7 HSBC USA Inc Note

3.5% Due 6/23/2024
3,500,000.00 12/10/2019

2.14%
3,704,050.00
3,585,215.81

99.45 3.80%
3,480,841.00
12,930.56

4.57%
(104,374.81)
A1 / AA+1.90

1.81 191216CL2 Coca Cola Company Callable Note Cont
8/6/2024

1.75% Due 9/6/2024
3,000,000.00 09/20/2019

2.00%
2,964,750.00
2,985,087.29

97.76 2.86%
2,932,770.00
21,145.83

3.86%
(52,317.29)
A1 / A+
A

2.10 2.02
Chandler Asset Management - CONFIDENTIAL Page 3 Execution Time: 8/2/2022 12:47:10 AM 558
Holdings Report
As of July 31, 2022
City of Orange
Account #10888
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration

CORPORATE
14913Q3B3 Caterpillar Finl Service Note

2.15% Due 11/8/2024
1,250,000.00 05/31/2022

2.87%
1,229,100.00
1,230,508.99

98.12 3.01%
1,226,518.75
6,196.18

1.61%
(3,990.24)
A2 / A
A

2.28 2.18
06051GJR1 Bank of America Corp Callable Note
Cont 4/22/2024

0.976% Due 4/22/2025
1,250,000.00 05/31/2022

3.36%
1,192,012.50
1,195,310.37

94.84 3.42%
1,185,475.00
3,355.00

1.56%
(9,835.37)
A2 / AAA2.73

2.64 24422EWF2 John Deere Capital Corp Note

3.4% Due 6/6/2025
280,000.00 06/01/2022

3.41%
279,935.60
279,938.89
100.60

3.18%
281,691.20
1,454.44

0.37%
1,752.31
A2 / A
A

2.85 2.68
06406RBF3 Bank of NY Mellon Corp Callable Note
Cont 6/13/2024

3.43% Due 6/13/2025
955,000.00 06/08/2022

3.26%
955,000.00
955,000.00

99.71 3.09%
952,234.32
4,367.53

1.25%
(2,765.68)
A1 / A
AA2.872.70
89236THP3 Toyota Motor Credit Corp Note

0.8% Due 10/16/2025
5,000,000.00 11/19/2020

0.70%
5,025,000.00
5,016,350.45

92.20 3.39%
4,609,985.00
11,666.67

6.05%
(406,365.45)
A1 / A+
A+

3.21 3.11
037833EB2 Apple Inc Callable Note Cont 1/8/2026

0.7% Due 2/8/2026
3,000,000.00 02/08/2021

0.70%
2,999,730.00
2,999,809.70

92.38 3.00%
2,771,289.00
10,091.67

3.64%
(228,520.70)
Aaa / AA+
NR

3.53 3.42
46647PBK1 JP Morgan Chase & Co Callable Note
Cont 4/22/2025

2.083% Due 4/22/2026
1,250,000.00 05/31/2022

3.92%
1,190,825.00
1,193,325.35

94.66 3.98%
1,183,288.75
7,160.31

1.56%
(10,036.60)
A2 / AAA3.73

3.51 Total Corporate 20,380,000.00 1.89%
20,435,197.25
20,335,354.80 3.32%
19,516,820.62
82,127.19

25.64%
(818,534.18)
A1 / A+
A+

2.72 2.61

MONEY MARKET FUND
31846V203 First American Govt Obligation Fund
Class Y
125,437.29 Various

1.39%
125,437.29
125,437.29

1.00 1.39%
125,437.29

0.00 0.16%

0.00 Aaa / AAA
AAA

0.00 0.00
Total Money Market Fund 125,437.29 1.39%
125,437.29
125,437.29 1.39%
125,437.29

0.00 0.16%

0.00 Aaa / AAA
AAA

0.00 0.00
Chandler Asset Management - CONFIDENTIAL Page 4 Execution Time: 8/2/2022 12:47:10 AM 559
Holdings Report
As of July 31, 2022
City of Orange
Account #10888
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration

US TREASURY
91282CCZ2 US Treasury Note

0.875% Due 9/30/2026
3,000,000.00 09/30/2021

1.01%
2,980,546.88
2,983,796.17

92.66 2.75%
2,779,806.00
8,821.72

3.65%
(203,990.17)
Aaa / AA+
AAA

4.17 4.03
Total US Treasury 3,000,000.00 1.01%
2,980,546.88
2,983,796.17 2.75%
2,779,806.00
8,821.72

3.65%
(203,990.17)
Aaa / AA+
AAA

4.17 4.03
TOTAL PORTFOLIO 80,455,437.29 0.88%
80,496,808.92
80,392,163.46 3.02%
76,296,414.86
151,823.62
100.00%
(4,095,748.60)
Aa1 / AA
AAA

2.55 2.47
TOTAL MARKET VALUE PLUS ACCRUED 76,448,238.48
Chandler Asset Management - CONFIDENTIAL Page 5 Execution Time: 8/2/2022 12:47:10 AM 560
Transaction Ledger
As of July 31, 2022
City of Orange
Account #10888
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/DispYield Amount InterestPur/Sold Total Amount Gain/Loss

ACQUISITIONS
Purchase 07/01/2022 31846V203 201.74 First American Govt Obligation Fund Class Y

1.000 0.97% 201.74 0.00 201.74 0.00
Purchase 07/28/2022 31846V203 13,000.00 First American Govt Obligation Fund Class Y

1.000 1.39% 13,000.00 0.00 13,000.00 0.00
Purchase 07/29/2022 31846V203 22,500.00 First American Govt Obligation Fund Class Y

1.000 1.39% 22,500.00 0.00 22,500.00 0.00
Subtotal 35,701.74 35,701.74 0.00 35,701.74 0.00
TOTAL ACQUISITIONS 35,701.74 35,701.74 0.00 35,701.74 0.00

DISPOSITIONS
Security
Withdrawal
07/13/2022 31846V203 5,063.98 First American Govt Obligation Fund Class Y

1.000 5,063.98 0.00 5,063.98 0.00
Security
Withdrawal
07/26/2022 31846V203 525.66 First American Govt Obligation Fund Class Y

1.000 525.66 0.00 525.66 0.00
Subtotal 5,589.64 5,589.64 0.00 5,589.64 0.00
TOTAL DISPOSITIONS 5,589.64 5,589.64 0.00 5,589.64 0.00

OTHER TRANSACTIONS
Interest 07/28/2022 3130ANA42 4,000,000.00 FHLB Callable Note Qtrly 1/28/2022

0.65% Due 4/28/2025

0.000 13,000.00 0.00 13,000.00 0.00
Interest 07/29/2022 3130ANDF4 5,000,000.00 FHLB Callable Note Annual 7/29/2022

0.9% Due 7/29/2026

0.000 22,500.00 0.00 22,500.00 0.00
Subtotal 9,000,000.00 35,500.00 0.00 35,500.00 0.00
Dividend 07/01/2022 31846V203 95,325.19 First American Govt Obligation Fund Class Y

0.000 201.74 0.00 201.74 0.00
Subtotal 95,325.19 201.74 0.00 201.74 0.00
TOTAL OTHER TRANSACTIONS 9,095,325.19 35,701.74 0.00 35,701.74 0.00 Chandler Asset Management - CONFIDENTIAL Page 6 Execution Time: 8/2/2022 12:47:10 AM 561
Income Earned
As of July 31, 2022
City of Orange
Account #10888
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income

FIXED INCOME
037833EB2 Apple Inc
Callable Note Cont 1/8/2026

0.7% Due 02/08/2026
02/08/2021
02/08/2021
3,000,000.00
2,999,805.12

0.00 0.00
2,999,809.70
8,341.67

0.00 10,091.67
1,750.00

4.58 0.00

4.58 1,754.58
1,754.58
06051GJR1 Bank of America Corp
Callable Note Cont 4/22/2024

0.976% Due 04/22/2025
05/31/2022
06/02/2022
1,250,000.00
1,193,606.47

0.00 0.00
1,195,310.37
2,338.33

0.00 3,355.00
1,016.67
1,703.90

0.00 1,703.90
2,720.57
2,720.57
06406RBF3 Bank of NY Mellon Corp
Callable Note Cont 6/13/2024

3.43% Due 06/13/2025
06/08/2022
06/13/2022
955,000.00
955,000.00

0.00 0.00
955,000.00
1,637.83

0.00 4,367.53
2,729.70

0.00 0.00

0.00 2,729.70
2,729.70
14913Q3B3 Caterpillar Finl Service
Note

2.15% Due 11/08/2024
05/31/2022
06/02/2022
1,250,000.00
1,229,781.01

0.00 0.00
1,230,508.99
3,956.60

0.00 6,196.18
2,239.58
727.98

0.00 727.98
2,967.56
2,967.56
191216CL2 Coca Cola Company
Callable Note Cont 8/6/2024

1.75% Due 09/06/2024
09/20/2019
09/20/2019
3,000,000.00
2,984,484.56

0.00 0.00
2,985,087.29
16,770.83

0.00 21,145.83
4,375.00
602.73

0.00 602.73
4,977.73
4,977.73
24422EWF2 John Deere Capital Corp
Note

3.4% Due 06/06/2025
06/01/2022
06/06/2022
280,000.00
279,937.07

0.00 0.00
279,938.89
661.11

0.00 1,454.44
793.33

1.82 0.00

1.82 795.15
795.15
3130ALLM4 FHLB
Callable Note Qtrly 6/28/2021

0.35% Due 03/28/2024
03/29/2021
03/29/2021
5,000,000.00
4,998,257.53

0.00 0.00
4,998,342.47
4,520.83

0.00 5,979.17
1,458.34

84.94 0.00

84.94 1,543.28
1,543.28
3130AMBG6 FHLB
Callable Note Qtrly 7/29/2021

0.75% Due 04/29/2025
05/04/2021
05/04/2021
5,000,000.00
5,000,000.00

0.00 0.00
5,000,000.00
6,458.33

0.00 9,583.33
3,125.00

0.00 0.00

0.00 3,125.00
3,125.00
3130ANA42 FHLB
Callable Note Qtrly 1/28/2022

0.65% Due 04/28/2025
07/28/2021
07/28/2021
4,000,000.00
4,000,000.00

0.00 0.00
4,000,000.00
11,050.00
13,000.00
216.67
2,166.67

0.00 0.00

0.00 2,166.67
2,166.67
Chandler Asset Management - CONFIDENTIAL Page 7 Execution Time: 8/2/2022 12:47:10 AM 562
Income Earned
As of July 31, 2022
City of Orange
Account #10888
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
3130ANDF4 FHLB
Callable Note Annual 7/29/2022

0.9% Due 07/29/2026
07/29/2021
07/29/2021
5,000,000.00
5,000,767.12

0.00 0.00
5,000,000.00
19,000.00
22,500.00
250.00
3,750.00

0.00 767.12
(767.12)
2,982.88
2,982.88
3134GW3Z7 FHLMC
Callable Note Qtrly 10/28/2021

0.6% Due 10/28/2025
10/28/2020
10/28/2020
9,000,000.00
9,000,000.00

0.00 0.00
9,000,000.00
9,450.00

0.00 13,950.00
4,500.00

0.00 0.00

0.00 4,500.00
4,500.00
3134GWVE3 FHLMC
Callable Note Qtrly 3/25/2021

0.4% Due 09/25/2024
11/19/2020
11/19/2020
4,575,000.00
4,574,202.47

0.00 0.00
4,574,232.73
4,880.00

0.00 6,405.00
1,525.00

30.26 0.00

30.26 1,555.26
1,555.26
3134GWXC5 FHLMC
Callable Note Qtrly 9/29/2021

0.35% Due 03/29/2024
12/10/2020
12/10/2020
5,000,000.00
5,000,000.00

0.00 0.00
5,000,000.00
4,472.22

0.00 5,930.56
1,458.34

0.00 0.00

0.00 1,458.34
1,458.34
3135GA4S7 FNMA
Callable Note Qtrly 11/17/2022

0.375% Due 05/17/2024
11/20/2020
11/20/2020
5,000,000.00
5,000,000.00

0.00 0.00
5,000,000.00
2,291.67

0.00 3,854.17
1,562.50

0.00 0.00

0.00 1,562.50
1,562.50
3135GA4W8 FNMA
Callable Note Qtrly 11/18/2022

0.5% Due 02/18/2025
11/20/2020
11/20/2020
5,000,000.00
5,000,000.00

0.00 0.00
5,000,000.00
9,236.11

0.00 11,319.44
2,083.33

0.00 0.00

0.00 2,083.33
2,083.33
3135GA5Y3 FNMA
Callable Note Qtrly 12/14/2021

0.375% Due 06/14/2024
12/14/2020
12/14/2020
4,375,000.00
4,375,000.00

0.00 0.00
4,375,000.00
774.74

0.00 2,141.93
1,367.19

0.00 0.00

0.00 1,367.19
1,367.19
3135GABN0 FNMA
Callable Note Qtrly 12/29/2021

0.28% Due 12/29/2023
12/29/2020
12/29/2020
5,000,000.00
5,000,000.00

0.00 0.00
5,000,000.00

77.78 0.00
1,244.44
1,166.66

0.00 0.00

0.00 1,166.66
1,166.66
40434CAD7 HSBC USA Inc
Note

3.5% Due 06/23/2024
12/10/2019
12/10/2019
3,500,000.00
3,589,033.28

0.00 0.00
3,585,215.81
2,722.22

0.00 12,930.56
10,208.34

0.00 3,817.47
(3,817.47)
6,390.87
6,390.87
Chandler Asset Management - CONFIDENTIAL Page 8 Execution Time: 8/2/2022 12:47:10 AM 563
Income Earned
As of July 31, 2022
City of Orange
Account #10888
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
46647PBK1 JP Morgan Chase & Co
Callable Note Cont 4/22/2025

2.083% Due 04/22/2026
05/31/2022
06/02/2022
1,250,000.00
1,192,033.50

0.00 0.00
1,193,325.35
4,990.52

0.00 7,160.31
2,169.79
1,291.85

0.00 1,291.85
3,461.64
3,461.64
69371RR81 Paccar Financial Corp
Note

3.15% Due 06/13/2024
06/06/2022
06/13/2022
895,000.00
894,799.22

0.00 0.00
894,807.95
1,409.63

0.00 3,759.00
2,349.37

8.73 0.00

8.73 2,358.10
2,358.10
89236THP3 Toyota Motor Credit Corp
Note

0.8% Due 10/16/2025
11/19/2020
11/19/2020
5,000,000.00
5,016,782.92

0.00 0.00
5,016,350.45
8,333.33

0.00 11,666.67
3,333.34

0.00 432.47
(432.47)
2,900.87
2,900.87
91282CCZ2 US Treasury
Note

0.875% Due 09/30/2026
09/30/2021
09/30/2021
3,000,000.00
2,983,465.91

0.00 0.00
2,983,796.17
6,598.36

0.00 8,821.72
2,223.36
330.26

0.00 330.26
2,553.62
2,553.62
Total Fixed Income 80,330,000.00
80,266,956.18

0.00 0.00
80,266,726.17
129,972.11
35,500.00
151,823.62
57,351.51
4,787.05
5,017.06
(230.01)
57,121.50 57,121.50

CASH & EQUIVALENT
31846V203 First American
Govt Obligation Fund Class Y
Various
Various
125,437.29
95,325.19
35,701.74
5,589.64
125,437.29

0.00 201.74

0.00 201.74

0.00 0.00

0.00 201.74
201.74
Total Cash & Equivalent 125,437.29
95,325.19
35,701.74
5,589.64
125,437.29

0.00 201.74

0.00 201.74

0.00 0.00

0.00 201.74 201.74
TOTAL PORTFOLIO 80,455,437.29
80,362,281.37
35,701.74
5,589.64
80,392,163.46
129,972.11
35,701.74
151,823.62
57,553.25
4,787.05
5,017.06
(230.01)
57,323.24 57,323.24
Chandler Asset Management - CONFIDENTIAL Page 9 Execution Time: 8/2/2022 12:47:10 AM 564
Cash Flow Report
As of July 31, 2022
City of Orange
Account #10888
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 08/08/2022 Interest 037833EB2 3,000,000.00 Apple Inc Callable Note Cont 1/8/2026

0.7% Due 2/8/2026

0.00 10,500.00 10,500.00
08/18/2022 Interest 3135GA4W8 5,000,000.00 FNMA Callable Note Qtrly 11/18/2022

0.5% Due 2/18/2025

0.00 12,500.00 12,500.00
AUG 2022 0.00 23,000.00 23,000.00
09/06/2022 Interest 191216CL2 3,000,000.00 Coca Cola Company Callable Note Cont 8/6/2024

1.75% Due 9/6/2024

0.00 26,250.00 26,250.00
09/25/2022 Interest 3134GWVE3 4,575,000.00 FHLMC Callable Note Qtrly 3/25/2021

0.4% Due 9/25/2024

0.00 9,150.00 9,150.00
09/28/2022 Interest 3130ALLM4 5,000,000.00 FHLB Callable Note Qtrly 6/28/2021

0.35% Due 3/28/2024

0.00 8,750.00 8,750.00
09/29/2022 Interest 3134GWXC5 5,000,000.00 FHLMC Callable Note Qtrly 9/29/2021

0.35% Due 3/29/2024

0.00 8,750.00 8,750.00
09/30/2022 Interest 91282CCZ2 3,000,000.00 US Treasury Note

0.875% Due 9/30/2026

0.00 13,125.00 13,125.00
SEP 2022 0.00 66,025.00 66,025.00
10/16/2022 Interest 89236THP3 5,000,000.00 Toyota Motor Credit Corp Note

0.8% Due 10/16/2025

0.00 20,000.00 20,000.00
10/22/2022 Interest 46647PBK1 1,250,000.00 JP Morgan Chase & Co Callable Note Cont 4/22/2025

2.083% Due 4/22/2026

0.00 13,018.75 13,018.75
10/22/2022 Interest 06051GJR1 1,250,000.00 Bank of America Corp Callable Note Cont 4/22/2024

0.976% Due 4/22/2025

0.00 6,100.00 6,100.00
10/28/2022 Interest 3134GW3Z7 9,000,000.00 FHLMC Callable Note Qtrly 10/28/2021

0.6% Due 10/28/2025

0.00 27,000.00 27,000.00
10/29/2022 Interest 3130AMBG6 5,000,000.00 FHLB Callable Note Qtrly 7/29/2021

0.75% Due 4/29/2025

0.00 18,750.00 18,750.00
OCT 2022 0.00 84,868.75 84,868.75
11/08/2022 Interest 14913Q3B3 1,250,000.00 Caterpillar Finl Service Note

2.15% Due 11/8/2024

0.00 13,437.50 13,437.50
11/17/2022 Interest 3135GA4S7 5,000,000.00 FNMA Callable Note Qtrly 11/17/2022

0.375% Due 5/17/2024

0.00 9,375.00 9,375.00
NOV 2022 0.00 22,812.50 22,812.50
12/06/2022 Interest 24422EWF2 280,000.00 John Deere Capital Corp Note

3.4% Due 6/6/2025

0.00 4,760.00 4,760.00
Chandler Asset Management - CONFIDENTIAL Page 10 Execution Time: 8/2/2022 12:47:10 AM 565
Cash Flow Report
As of July 31, 2022
City of Orange
Account #10888
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 12/13/2022 Interest 06406RBF3 955,000.00 Bank of NY Mellon Corp Callable Note Cont 6/13/2024

3.43% Due 6/13/2025

0.00 16,378.25 16,378.25
12/13/2022 Interest 69371RR81 895,000.00 Paccar Financial Corp Note

3.15% Due 6/13/2024

0.00 14,096.25 14,096.25
12/14/2022 Interest 3135GA5Y3 4,375,000.00 FNMA Callable Note Qtrly 12/14/2021

0.375% Due 6/14/2024

0.00 8,203.13 8,203.13
12/23/2022 Interest 40434CAD7 3,500,000.00 HSBC USA Inc Note

3.5% Due 6/23/2024

0.00 61,250.00 61,250.00
12/29/2022 Interest 3135GABN0 5,000,000.00 FNMA Callable Note Qtrly 12/29/2021

0.28% Due 12/29/2023

0.00 7,000.00 7,000.00
DEC 2022 0.00 111,687.63 111,687.63
01/28/2023 Call 3130ANA42 4,000,000.00 FHLB Callable Note Qtrly 1/28/2022

0.65% Due 4/28/2025
4,000,000.00 13,000.00 4,013,000.00
01/29/2023 Interest 3130ANDF4 5,000,000.00 FHLB Callable Note Annual 7/29/2022

0.9% Due 7/29/2026

0.00 22,500.00 22,500.00
JAN 2023 4,000,000.00 35,500.00 4,035,500.00
02/08/2023 Interest 037833EB2 3,000,000.00 Apple Inc Callable Note Cont 1/8/2026

0.7% Due 2/8/2026

0.00 10,500.00 10,500.00
02/18/2023 Interest 3135GA4W8 5,000,000.00 FNMA Callable Note Qtrly 11/18/2022

0.5% Due 2/18/2025

0.00 12,500.00 12,500.00
FEB 2023 0.00 23,000.00 23,000.00
03/06/2023 Interest 191216CL2 3,000,000.00 Coca Cola Company Callable Note Cont 8/6/2024

1.75% Due 9/6/2024

0.00 26,250.00 26,250.00
03/25/2023 Interest 3134GWVE3 4,575,000.00 FHLMC Callable Note Qtrly 3/25/2021

0.4% Due 9/25/2024

0.00 9,150.00 9,150.00
03/28/2023 Interest 3130ALLM4 5,000,000.00 FHLB Callable Note Qtrly 6/28/2021

0.35% Due 3/28/2024

0.00 8,750.00 8,750.00
03/29/2023 Interest 3134GWXC5 5,000,000.00 FHLMC Callable Note Qtrly 9/29/2021

0.35% Due 3/29/2024

0.00 8,750.00 8,750.00
03/31/2023 Interest 91282CCZ2 3,000,000.00 US Treasury Note

0.875% Due 9/30/2026

0.00 13,125.00 13,125.00
MAR 2023 0.00 66,025.00 66,025.00
Chandler Asset Management - CONFIDENTIAL Page 11 Execution Time: 8/2/2022 12:47:10 AM 566
Cash Flow Report
As of July 31, 2022
City of Orange
Account #10888
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 04/16/2023 Interest 89236THP3 5,000,000.00 Toyota Motor Credit Corp Note

0.8% Due 10/16/2025

0.00 20,000.00 20,000.00
04/22/2023 Interest 06051GJR1 1,250,000.00 Bank of America Corp Callable Note Cont 4/22/2024

0.976% Due 4/22/2025

0.00 6,100.00 6,100.00
04/22/2023 Interest 46647PBK1 1,250,000.00 JP Morgan Chase & Co Callable Note Cont 4/22/2025

2.083% Due 4/22/2026

0.00 13,018.75 13,018.75
04/28/2023 Interest 3134GW3Z7 9,000,000.00 FHLMC Callable Note Qtrly 10/28/2021

0.6% Due 10/28/2025

0.00 27,000.00 27,000.00
04/29/2023 Interest 3130AMBG6 5,000,000.00 FHLB Callable Note Qtrly 7/29/2021

0.75% Due 4/29/2025

0.00 18,750.00 18,750.00
APR 2023 0.00 84,868.75 84,868.75
05/08/2023 Interest 14913Q3B3 1,250,000.00 Caterpillar Finl Service Note

2.15% Due 11/8/2024

0.00 13,437.50 13,437.50
05/17/2023 Interest 3135GA4S7 5,000,000.00 FNMA Callable Note Qtrly 11/17/2022

0.375% Due 5/17/2024

0.00 9,375.00 9,375.00
MAY 2023 0.00 22,812.50 22,812.50
06/06/2023 Interest 24422EWF2 280,000.00 John Deere Capital Corp Note

3.4% Due 6/6/2025

0.00 4,760.00 4,760.00
06/13/2023 Interest 06406RBF3 955,000.00 Bank of NY Mellon Corp Callable Note Cont 6/13/2024

3.43% Due 6/13/2025

0.00 16,378.25 16,378.25
06/13/2023 Interest 69371RR81 895,000.00 Paccar Financial Corp Note

3.15% Due 6/13/2024

0.00 14,096.25 14,096.25
06/14/2023 Interest 3135GA5Y3 4,375,000.00 FNMA Callable Note Qtrly 12/14/2021

0.375% Due 6/14/2024

0.00 8,203.13 8,203.13
06/23/2023 Interest 40434CAD7 3,500,000.00 HSBC USA Inc Note

3.5% Due 6/23/2024

0.00 61,250.00 61,250.00
06/29/2023 Interest 3135GABN0 5,000,000.00 FNMA Callable Note Qtrly 12/29/2021

0.28% Due 12/29/2023

0.00 7,000.00 7,000.00
JUN 2023 0.00 111,687.63 111,687.63
07/29/2023 Interest 3130ANDF4 5,000,000.00 FHLB Callable Note Annual 7/29/2022

0.9% Due 7/29/2026

0.00 22,500.00 22,500.00
JUL 2023 0.00 22,500.00 22,500.00
TOTAL 4,000,000.00 674,787.76 4,674,787.76
Chandler Asset Management - CONFIDENTIAL Page 12 Execution Time: 8/2/2022 12:47:10 AM 567
Important Disclosures City of Orange
Account #10888
Chandler Asset Management, Inc. ;͞Chandler͟Ϳis an SEC registered investment adviser. For additional information about our firm, please see our current disclosures (Form ADV). To obtain a copy of our current disclosures, you may contact your client service representative by calling the number on the front of this statement or you may visit our website at www.chandlerasset.com.

Information contained in this monthly statement is confidential and is provided for informational purposes only and should not be construed as specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of this statement, but may become outdated or superseded at any time without notice.

Custody: Your qualified custodian bank maintains control of all assets reflected in this statement and we urge you to compare this statement to the one you receive from your qualified custodian. Chandler does not have any authority to withdraw or deposit funds from/to the custodian account.

Valuation: Prices are provided by IDC, an independent pricing source. In the event IDC does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A.

Performance: Performance results are presented gross-of-advisory fees and represent the client͛s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.

Source ice Data Indices, LLC ("ICE"), used with permission. ICE PERMITS USE OF THE ICE INDICES AND RELATED DATA ON AN "AS IS" BASIS; ICE, ITS AFFILIATES AND THEIR RESPECTIVE

THIRD PARTY SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS AND/OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, INCLUDING THE INDICES, INDEX DATA AND ANY DATA INCLUDED IN, RELATED TO, OR DERIVED THEREFROM. NEITHER ICE DATA, ITS AFFILIATES OR

THEIR RESPECTIVE THIRD PARTY PROVIDERS GUARANTEE THE QUALITY, ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INDICES OR THE INDEX DATA OR ANY COMPONENT THEREOF, AND THE INDICES AND INDEX DATA AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN "AS IS" BASIS AND LICENSEE'S USE IS AT LICENSEE'S OWN RISK. ICE DATA, ITS AFFILIATES AND THEIR RESPECTIVE THIRD PARTY DO NOT SPONSOR, ENDORSE, OR RECOMMEND CHANDLER, OR ANY OF ITS PRODUCTS OR SERVICES.

Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest directly in an index.

Ratings: Ratings information have been provided by Moody͛s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy.

Security level ratings for U.S. Agency issued mortgage-backed securities ;͞MBS͟Ϳreflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest and carries a AA+/Aaa/AAA by S&P, Moody͛s and Fitch respectively.

Chandler Asset Management - CONFIDENTIAL Page 13 Execution Time: 8/2/2022 12:47:10 AM 568
Benchmark Index & Disclosures City of Orange
Account #10888
Benchmark Index Disclosure
ICE BofA 1-5 Yr US Treasury & Agency
Index
The ICE BofA 1-5 Year US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average of Moody͛s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than five years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies.

Chandler Asset Management - CONFIDENTIAL Page 14 Execution Time: 8/2/2022 12:47:10 AM 569

MONTHLY ACCOUNT STATEMENT
City of Orange - Account #10888
AUGUST 1, 2022 THROUGH AUGUST 31, 2022
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures.

CHANDLER ASSET MANAGEMENT
chandlerasset.com
Chandler Team:

For questions about your account, please call (800) 317-4747, or contact [email protected]
Custodian
US Bank
Alex Bazan
(503) 464-3685
570

ACCOUNT SUMMARY
Beg. Values
as of 7/31/22
End Values
as of 8/31/22
Market Value 76,296,415 75,133,732
Accrued Interest 151,824 186,175
Total Market Value 76,448,238 75,319,907
Income Earned 57,323 57,980
Cont/WD -5,590
Par 80,455,437 80,472,939
Book Value 80,392,163 80,410,203
Cost Value 80,496,809 80,514,311

TOP ISSUERS
Federal National Mortgage Assoc 24.2%
Federal Home Loan Bank 23.3%
Federal Home Loan Mortgage Corp 22.9%
Toyota Motor Corp 6.1%
HSBC Holdings PLC 4.6%
Coca Cola Co. 3.9%
Government of United States 3.6%
Apple Inc 3.6%
Total 92.2%

PORTFOLIO CHARACTERISTICS
Average Modified Duration 2.38
Average Coupon 0.86%
Average Purchase YTM 0.88%
Average Market YTM 3.75%
Average S&P/Moody Rating AA/Aa1
Average Final Maturity 2.45 yrs
Average Life 2.45 yrs

SECTOR ALLOCATION MATURITY DISTRIBUTION CREDIT QUALITY (S&P) Portfolio Summary
As of August 31, 2022
City of Orange
Account #10888

PERFORMANCE REVIEW
Annualized
TOTAL RATE OF RETURN 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS 12/31/2021 City of Orange -1.47% -1.59% -5.42% N/A N/A N/A N/A N/A N/A ICE BofA 1-5 Yr US Treasury & Agency Index -1.24% -1.17% -4.51% N/A N/A N/A N/A N/A N/A Chandler Asset Management - CONFIDENTIAL Page 1 Execution Time: 9/2/2022 12:04:24 AM 571

BOOK VALUE RECONCILIATION
BEGINNING BOOK VALUE $80,392,163.46
Acquisition
+ Security Purchases $0.00
+ Money Market Fund Purchases $23,091.66
+ Money Market Contributions $0.00
+ Security Contributions $0.00
+ Security Transfers $0.00
Total Acquisitions $23,091.66
Dispositions
- Security Sales $0.00
- Money Market Fund Sales $0.00
- MMF Withdrawals $5,589.65
- Security Withdrawals $0.00
- Security Transfers $0.00
- Other Dispositions $0.00
- Maturites $0.00
- Calls $0.00
- Principal Paydowns $0.00
Total Dispositions $5,589.65
Amortization/Accretion
+/- Net Accretion $537.08
$537.08
Gain/Loss on Dispositions
+/- Realized Gain/Loss $0.00
$0.00
ENDING BOOK VALUE $80,410,202.55

CASH TRANSACTION SUMMARY
BEGINNING BALANCE $125,437.29
Acquisition
Contributions $0.00
Security Sale Proceeds $0.00
Accrued Interest Received $0.00
Interest Received $23,000.00
Dividend Received $91.66
Principal on Maturities $0.00
Interest on Maturities $0.00
Calls/Redemption (Principal) $0.00
Interest from Calls/Redemption $0.00
Principal Paydown $0.00
Total Acquisitions $23,091.66
Dispositions
Withdrawals $5,589.65
Security Purchase $0.00
Accrued Interest Paid $0.00
Total Dispositions $5,589.65
ENDING BOOK VALUE $142,939.30
Reconciliation Summary
As of August 31, 2022
City of Orange
Account #10888
Chandler Asset Management - CONFIDENTIAL Page 2 Execution Time: 9/2/2022 12:04:24 AM 572
Holdings Report
As of August 31, 2022
City of Orange
Account #10888
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
AGENCY
3135GABN0 FNMA Callable Note Qtrly 12/29/2021

0.28% Due 12/29/2023
5,000,000.00 12/29/2020

0.28%
5,000,000.00
5,000,000.00

95.52 3.77%
4,775,945.00
2,411.11

6.34%
(224,055.00)
Aaa / AA+
AAA

1.33 1.30
3130ALLM4 FHLB Callable Note Qtrly 6/28/2021

0.35% Due 3/28/2024
5,000,000.00 03/29/2021

0.37%
4,997,000.00
4,998,427.40

94.78 3.79%
4,739,235.00
7,437.50

6.30%
(259,192.40)
Aaa / AA+
NR

1.58 1.54
3134GWXC5 FHLMC Callable Note Qtrly 9/29/2021

0.35% Due 3/29/2024
5,000,000.00 12/10/2020

0.35%
5,000,000.00
5,000,000.00

94.80 3.78%
4,739,995.00
7,388.89

6.30%
(260,005.00)
Aaa / NR
AAA

1.58 1.54
3135GA4S7 FNMA Callable Note Qtrly 11/17/2022

0.375% Due 5/17/2024
5,000,000.00 11/20/2020

0.38%
5,000,000.00
5,000,000.00

94.49 3.73%
4,724,350.00
5,416.67

6.28%
(275,650.00)
Aaa / AA+
AAA

1.71 1.67
3135GA5Y3 FNMA Callable Note Qtrly 12/14/2021

0.375% Due 6/14/2024
4,375,000.00 12/14/2020

0.38%
4,375,000.00
4,375,000.00

94.26 3.72%
4,124,019.38
3,509.11

5.48%
(250,980.62)
Aaa / AA+
AAA

1.79 1.75
3134GWVE3 FHLMC Callable Note Qtrly 3/25/2021

0.4% Due 9/25/2024
4,575,000.00 11/19/2020

0.41%
4,573,627.50
4,574,262.99

93.58 3.65%
4,281,362.78
7,930.00

5.69%
(292,900.21)
Aaa / NR
AAA

2.07 2.02
3135GA4W8 FNMA Callable Note Qtrly 11/18/2022

0.5% Due 2/18/2025
5,000,000.00 11/20/2020

0.50%
5,000,000.00
5,000,000.00

92.47 3.73%
4,623,645.00
902.78

6.14%
(376,355.00)
Aaa / AA+
AAA

2.47 2.41
3130ANA42 FHLB Callable Note Qtrly 1/28/2022

0.65% Due 4/28/2025
4,000,000.00 07/28/2021

0.65%
4,000,000.00
4,000,000.00

92.16 3.77%
3,686,372.00
2,383.33

4.90%
(313,628.00)
Aaa / AA+
NR

2.66 2.59
3130AMBG6 FHLB Callable Note Qtrly 7/29/2021

0.75% Due 4/29/2025
5,000,000.00 05/04/2021

0.75%
5,000,000.00
5,000,000.00

92.40 3.78%
4,620,000.00
12,708.33

6.15%
(380,000.00)
Aaa / AA+
NR

2.66 2.58
3134GW3Z7 FHLMC Callable Note Qtrly 10/28/2021

0.6% Due 10/28/2025
9,000,000.00 10/28/2020

0.60%
9,000,000.00
9,000,000.00

90.75 3.73%
8,167,707.00
18,450.00

10.87%
(832,293.00)
Aaa / NR
AAA

3.16 3.07
3130ANDF4 FHLB Callable Note Annual 7/29/2022

0.9% Due 7/29/2026
5,000,000.00 07/29/2021

0.90%
5,010,000.00
5,000,000.00

89.82 3.72%
4,491,195.00
4,000.00

5.97%
(508,805.00)
Aaa / AA+
NR

3.91 3.77
Total Agency 56,950,000.00 0.51%
56,955,627.50
56,947,690.39 3.74%
52,973,826.16
72,537.72

70.43%
(3,973,864.23)
Aaa / AA+
AAA

2.31 2.25

CORPORATE
69371RR81 Paccar Financial Corp Note

3.15% Due 6/13/2024
895,000.00 06/06/2022

3.16%
894,794.15
894,816.68

98.49 4.03%
881,503.40
6,108.38

1.18%
(13,313.28)
A1 / A+
NR

1.79 1.70
40434CAD7 HSBC USA Inc Note

3.5% Due 6/23/2024
3,500,000.00 12/10/2019

2.14%
3,704,050.00
3,581,398.34

99.03 4.06%
3,466,043.00
23,138.89

4.63%
(115,355.34)
A1 / AA+1.81

1.72 191216CL2 Coca Cola Company Callable Note Cont
8/6/2024

1.75% Due 9/6/2024
3,000,000.00 09/20/2019

2.00%
2,964,750.00
2,985,690.02

96.99 3.31%
2,909,733.00
25,520.83

3.90%
(75,957.02)
A1 / A+
A

2.02 1.94
Chandler Asset Management - CONFIDENTIAL Page 3 Execution Time: 9/2/2022 12:04:24 AM 573
Holdings Report
As of August 31, 2022
City of Orange
Account #10888
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration

CORPORATE
14913Q3B3 Caterpillar Finl Service Note

2.15% Due 11/8/2024
1,250,000.00 05/31/2022

2.87%
1,229,100.00
1,231,236.97

96.67 3.75%
1,208,423.75
8,435.76

1.62%
(22,813.22)
A2 / A
A

2.19 2.09
06051GJR1 Bank of America Corp Callable Note
Cont 4/22/2024

0.976% Due 4/22/2025
1,250,000.00 05/31/2022

3.36%
1,192,012.50
1,197,014.27

94.32 4.01%
1,179,022.50
4,371.67

1.57%
(17,991.77)
A2 / AAA2.64

2.55 24422EWF2 John Deere Capital Corp Note

3.4% Due 6/6/2025
280,000.00 06/01/2022

3.41%
279,935.60
279,940.71

99.07 3.76%
277,386.20
2,247.78

0.37%
(2,554.51)
A2 / A
A

2.77 2.59
06406RBF3 Bank of NY Mellon Corp Callable Note
Cont 6/13/2024

3.43% Due 6/13/2025
955,000.00 06/08/2022

3.26%
955,000.00
955,000.00

98.83 3.69%
943,838.92
7,097.24

1.26%
(11,161.08)
A1 / A
AA2.792.61
89236THP3 Toyota Motor Credit Corp Note

0.8% Due 10/16/2025
5,000,000.00 11/19/2020

0.70%
5,025,000.00
5,015,917.97

91.07 3.86%
4,553,405.00
15,000.00

6.07%
(462,512.97)
A1 / A+
A+

3.13 3.02
037833EB2 Apple Inc Callable Note Cont 1/8/2026

0.7% Due 2/8/2026
3,000,000.00 02/08/2021

0.70%
2,999,730.00
2,999,814.28

90.46 3.68%
2,713,929.00
1,341.67

3.60%
(285,885.28)
Aaa / AA+
NR

3.44 3.34
46647PBK1 JP Morgan Chase & Co Callable Note
Cont 4/22/2025

2.083% Due 4/22/2026
1,250,000.00 05/31/2022

3.92%
1,190,825.00
1,194,617.20

93.59 4.56%
1,169,855.00
9,330.10

1.57%
(24,762.20)
A2 / AAA3.64

3.41 Total Corporate 20,380,000.00 1.89%
20,435,197.25
20,335,446.44 3.83%
19,303,139.77
102,592.32

25.76%
(1,032,306.67)
A1 / A+
A+

2.63 2.52

MONEY MARKET FUND
31846V203 First American Govt Obligation Fund
Class Y
142,939.30 Various

1.73%
142,939.30
142,939.30

1.00 1.73%
142,939.30

0.00 0.19%

0.00 Aaa / AAA
AAA

0.00 0.00
Total Money Market Fund 142,939.30 1.73%
142,939.30
142,939.30 1.73%
142,939.30

0.00 0.19%

0.00 Aaa / AAA
AAA

0.00 0.00
Chandler Asset Management - CONFIDENTIAL Page 4 Execution Time: 9/2/2022 12:04:24 AM 574
Holdings Report
As of August 31, 2022
City of Orange
Account #10888
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration

US TREASURY
91282CCZ2 US Treasury Note

0.875% Due 9/30/2026
3,000,000.00 09/30/2021

1.01%
2,980,546.88
2,984,126.42

90.46 3.40%
2,713,827.00
11,045.08

3.62%
(270,299.42)
Aaa / AA+
AAA

4.08 3.93
Total US Treasury 3,000,000.00 1.01%
2,980,546.88
2,984,126.42 3.40%
2,713,827.00
11,045.08

3.62%
(270,299.42)
Aaa / AA+
AAA

4.08 3.93
TOTAL PORTFOLIO 80,472,939.30 0.88%
80,514,310.93
80,410,202.55 3.75%
75,133,732.23
186,175.12
100.00%
(5,276,470.32)
Aa1 / AA
AAA

2.45 2.38
TOTAL MARKET VALUE PLUS ACCRUED 75,319,907.35
Chandler Asset Management - CONFIDENTIAL Page 5 Execution Time: 9/2/2022 12:04:24 AM575 Transaction Ledger
As of August 31, 2022
City of Orange
Account #10888
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/DispYield Amount InterestPur/Sold Total Amount Gain/Loss

ACQUISITIONS
Purchase 08/01/2022 31846V203 91.66 First American Govt Obligation Fund Class Y

1.000 1.39% 91.66 0.00 91.66 0.00
Purchase 08/08/2022 31846V203 10,500.00 First American Govt Obligation Fund Class Y

1.000 1.39% 10,500.00 0.00 10,500.00 0.00
Purchase 08/18/2022 31846V203 12,500.00 First American Govt Obligation Fund Class Y

1.000 1.39% 12,500.00 0.00 12,500.00 0.00
Subtotal 23,091.66 23,091.66 0.00 23,091.66 0.00
TOTAL ACQUISITIONS 23,091.66 23,091.66 0.00 23,091.66 0.00

DISPOSITIONS
Security
Withdrawal
08/04/2022 31846V203 5,060.68 First American Govt Obligation Fund Class Y

1.000 5,060.68 0.00 5,060.68 0.00
Security
Withdrawal
08/25/2022 31846V203 528.97 First American Govt Obligation Fund Class Y

1.000 528.97 0.00 528.97 0.00
Subtotal 5,589.65 5,589.65 0.00 5,589.65 0.00
TOTAL DISPOSITIONS 5,589.65 5,589.65 0.00 5,589.65 0.00

OTHER TRANSACTIONS
Interest 08/08/2022 037833EB2 3,000,000.00 Apple Inc Callable Note Cont 1/8/2026

0.7% Due 2/8/2026

0.000 10,500.00 0.00 10,500.00 0.00
Interest 08/18/2022 3135GA4W8 5,000,000.00 FNMA Callable Note Qtrly 11/18/2022

0.5% Due 2/18/2025

0.000 12,500.00 0.00 12,500.00 0.00
Subtotal 8,000,000.00 23,000.00 0.00 23,000.00 0.00
Dividend 08/01/2022 31846V203 125,437.29 First American Govt Obligation Fund Class Y

0.000 91.66 0.00 91.66 0.00
Subtotal 125,437.29 91.66 0.00 91.66 0.00
TOTAL OTHER TRANSACTIONS 8,125,437.29 23,091.66 0.00 23,091.66 0.00 Chandler Asset Management - CONFIDENTIAL Page 6 Execution Time: 9/2/2022 12:04:24 AM 576
Income Earned
As of August 31, 2022
City of Orange
Account #10888
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income

FIXED INCOME
037833EB2 Apple Inc
Callable Note Cont 1/8/2026

0.7% Due 02/08/2026
02/08/2021
02/08/2021
3,000,000.00
2,999,809.70

0.00 0.00
2,999,814.28
10,091.67
10,500.00
1,341.67
1,750.00

4.58 0.00

4.58 1,754.58
1,754.58
06051GJR1 Bank of America Corp
Callable Note Cont 4/22/2024

0.976% Due 04/22/2025
05/31/2022
06/02/2022
1,250,000.00
1,195,310.37

0.00 0.00
1,197,014.27
3,355.00

0.00 4,371.67
1,016.67
1,703.90

0.00 1,703.90
2,720.57
2,720.57
06406RBF3 Bank of NY Mellon Corp
Callable Note Cont 6/13/2024

3.43% Due 06/13/2025
06/08/2022
06/13/2022
955,000.00
955,000.00

0.00 0.00
955,000.00
4,367.53

0.00 7,097.24
2,729.71

0.00 0.00

0.00 2,729.71
2,729.71
14913Q3B3 Caterpillar Finl Service
Note

2.15% Due 11/08/2024
05/31/2022
06/02/2022
1,250,000.00
1,230,508.99

0.00 0.00
1,231,236.97
6,196.18

0.00 8,435.76
2,239.58
727.98

0.00 727.98
2,967.56
2,967.56
191216CL2 Coca Cola Company
Callable Note Cont 8/6/2024

1.75% Due 09/06/2024
09/20/2019
09/20/2019
3,000,000.00
2,985,087.29

0.00 0.00
2,985,690.02
21,145.83

0.00 25,520.83
4,375.00
602.73

0.00 602.73
4,977.73
4,977.73
24422EWF2 John Deere Capital Corp
Note

3.4% Due 06/06/2025
06/01/2022
06/06/2022
280,000.00
279,938.89

0.00 0.00
279,940.71
1,454.44

0.00 2,247.78
793.34

1.82 0.00

1.82 795.16
795.16
3130ALLM4 FHLB
Callable Note Qtrly 6/28/2021

0.35% Due 03/28/2024
03/29/2021
03/29/2021
5,000,000.00
4,998,342.47

0.00 0.00
4,998,427.40
5,979.17

0.00 7,437.50
1,458.33

84.93 0.00

84.93 1,543.26
1,543.26
3130AMBG6 FHLB
Callable Note Qtrly 7/29/2021

0.75% Due 04/29/2025
05/04/2021
05/04/2021
5,000,000.00
5,000,000.00

0.00 0.00
5,000,000.00
9,583.33

0.00 12,708.33
3,125.00

0.00 0.00

0.00 3,125.00
3,125.00
3130ANA42 FHLB
Callable Note Qtrly 1/28/2022

0.65% Due 04/28/2025
07/28/2021
07/28/2021
4,000,000.00
4,000,000.00

0.00 0.00
4,000,000.00
216.67

0.00 2,383.33
2,166.66

0.00 0.00

0.00 2,166.66
2,166.66
Chandler Asset Management - CONFIDENTIAL Page 7 Execution Time: 9/2/2022 12:04:24 AM577 Income Earned
As of August 31, 2022
City of Orange
Account #10888
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
3130ANDF4 FHLB
Callable Note Annual 7/29/2022

0.9% Due 07/29/2026
07/29/2021
07/29/2021
5,000,000.00
5,000,000.00

0.00 0.00
5,000,000.00
250.00

0.00 4,000.00
3,750.00

0.00 0.00

0.00 3,750.00
3,750.00
3134GW3Z7 FHLMC
Callable Note Qtrly 10/28/2021

0.6% Due 10/28/2025
10/28/2020
10/28/2020
9,000,000.00
9,000,000.00

0.00 0.00
9,000,000.00
13,950.00

0.00 18,450.00
4,500.00

0.00 0.00

0.00 4,500.00
4,500.00
3134GWVE3 FHLMC
Callable Note Qtrly 3/25/2021

0.4% Due 09/25/2024
11/19/2020
11/19/2020
4,575,000.00
4,574,232.73

0.00 0.00
4,574,262.99
6,405.00

0.00 7,930.00
1,525.00

30.26 0.00

30.26 1,555.26
1,555.26
3134GWXC5 FHLMC
Callable Note Qtrly 9/29/2021

0.35% Due 03/29/2024
12/10/2020
12/10/2020
5,000,000.00
5,000,000.00

0.00 0.00
5,000,000.00
5,930.56

0.00 7,388.89
1,458.33

0.00 0.00

0.00 1,458.33
1,458.33
3135GA4S7 FNMA
Callable Note Qtrly 11/17/2022

0.375% Due 05/17/2024
11/20/2020
11/20/2020
5,000,000.00
5,000,000.00

0.00 0.00
5,000,000.00
3,854.17

0.00 5,416.67
1,562.50

0.00 0.00

0.00 1,562.50
1,562.50
3135GA4W8 FNMA
Callable Note Qtrly 11/18/2022

0.5% Due 02/18/2025
11/20/2020
11/20/2020
5,000,000.00
5,000,000.00

0.00 0.00
5,000,000.00
11,319.44
12,500.00
902.78
2,083.34

0.00 0.00

0.00 2,083.34
2,083.34
3135GA5Y3 FNMA
Callable Note Qtrly 12/14/2021

0.375% Due 06/14/2024
12/14/2020
12/14/2020
4,375,000.00
4,375,000.00

0.00 0.00
4,375,000.00
2,141.93

0.00 3,509.11
1,367.18

0.00 0.00

0.00 1,367.18
1,367.18
3135GABN0 FNMA
Callable Note Qtrly 12/29/2021

0.28% Due 12/29/2023
12/29/2020
12/29/2020
5,000,000.00
5,000,000.00

0.00 0.00
5,000,000.00
1,244.44

0.00 2,411.11
1,166.67

0.00 0.00

0.00 1,166.67
1,166.67
40434CAD7 HSBC USA Inc
Note

3.5% Due 06/23/2024
12/10/2019
12/10/2019
3,500,000.00
3,585,215.81

0.00 0.00
3,581,398.34
12,930.56

0.00 23,138.89
10,208.33

0.00 3,817.47
(3,817.47)
6,390.86
6,390.86
Chandler Asset Management - CONFIDENTIAL Page 8 Execution Time: 9/2/2022 12:04:24 AM 578
Income Earned
As of August 31, 2022
City of Orange
Account #10888
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
46647PBK1 JP Morgan Chase & Co
Callable Note Cont 4/22/2025

2.083% Due 04/22/2026
05/31/2022
06/02/2022
1,250,000.00
1,193,325.35

0.00 0.00
1,194,617.20
7,160.31

0.00 9,330.10
2,169.79
1,291.85

0.00 1,291.85
3,461.64
3,461.64
69371RR81 Paccar Financial Corp
Note

3.15% Due 06/13/2024
06/06/2022
06/13/2022
895,000.00
894,807.95

0.00 0.00
894,816.68
3,759.00

0.00 6,108.38
2,349.38

8.73 0.00

8.73 2,358.11
2,358.11
89236THP3 Toyota Motor Credit Corp
Note

0.8% Due 10/16/2025
11/19/2020
11/19/2020
5,000,000.00
5,016,350.45

0.00 0.00
5,015,917.97
11,666.67

0.00 15,000.00
3,333.33

0.00 432.48
(432.48)
2,900.85
2,900.85
91282CCZ2 US Treasury
Note

0.875% Due 09/30/2026
09/30/2021
09/30/2021
3,000,000.00
2,983,796.17

0.00 0.00
2,984,126.42
8,821.72

0.00 11,045.08
2,223.36
330.25

0.00 330.25
2,553.61
2,553.61
Total Fixed Income 80,330,000.00
80,266,726.17

0.00 0.00
80,267,263.25
151,823.62
23,000.00
186,175.12
57,351.50
4,787.03
4,249.95
537.08
57,888.58 57,888.58

CASH & EQUIVALENT
31846V203 First American
Govt Obligation Fund Class Y
07/28/2022
07/28/2022
142,939.30
125,437.29
23,091.66
5,589.65
142,939.30

0.00 91.66

0.00 91.66

0.00 0.00

0.00 91.66

91.66 Total Cash & Equivalent 142,939.30
125,437.29
23,091.66
5,589.65
142,939.30

0.00 91.66

0.00 91.66

0.00 0.00

0.00 91.66 91.66
TOTAL PORTFOLIO 80,472,939.30
80,392,163.46
23,091.66
5,589.65
80,410,202.55
151,823.62
23,091.66
186,175.12
57,443.16
4,787.03
4,249.95
537.08
57,980.24 57,980.24
Chandler Asset Management - CONFIDENTIAL Page 9 Execution Time: 9/2/2022 12:04:24 AM 579
Cash Flow Report
As of August 31, 2022
City of Orange
Account #10888
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 09/06/2022 Interest 191216CL2 3,000,000.00 Coca Cola Company Callable Note Cont 8/6/2024

1.75% Due 9/6/2024

0.00 26,250.00 26,250.00
09/25/2022 Interest 3134GWVE3 4,575,000.00 FHLMC Callable Note Qtrly 3/25/2021

0.4% Due 9/25/2024

0.00 9,150.00 9,150.00
09/28/2022 Interest 3130ALLM4 5,000,000.00 FHLB Callable Note Qtrly 6/28/2021

0.35% Due 3/28/2024

0.00 8,750.00 8,750.00
09/29/2022 Interest 3134GWXC5 5,000,000.00 FHLMC Callable Note Qtrly 9/29/2021

0.35% Due 3/29/2024

0.00 8,750.00 8,750.00
09/30/2022 Interest 91282CCZ2 3,000,000.00 US Treasury Note

0.875% Due 9/30/2026

0.00 13,125.00 13,125.00
SEP 2022 0.00 66,025.00 66,025.00
10/16/2022 Interest 89236THP3 5,000,000.00 Toyota Motor Credit Corp Note

0.8% Due 10/16/2025

0.00 20,000.00 20,000.00
10/22/2022 Interest 46647PBK1 1,250,000.00 JP Morgan Chase & Co Callable Note Cont 4/22/2025

2.083% Due 4/22/2026

0.00 13,018.75 13,018.75
10/22/2022 Interest 06051GJR1 1,250,000.00 Bank of America Corp Callable Note Cont 4/22/2024

0.976% Due 4/22/2025

0.00 6,100.00 6,100.00
10/28/2022 Interest 3134GW3Z7 9,000,000.00 FHLMC Callable Note Qtrly 10/28/2021

0.6% Due 10/28/2025

0.00 27,000.00 27,000.00
10/29/2022 Interest 3130AMBG6 5,000,000.00 FHLB Callable Note Qtrly 7/29/2021

0.75% Due 4/29/2025

0.00 18,750.00 18,750.00
OCT 2022 0.00 84,868.75 84,868.75
11/08/2022 Interest 14913Q3B3 1,250,000.00 Caterpillar Finl Service Note

2.15% Due 11/8/2024

0.00 13,437.50 13,437.50
11/17/2022 Interest 3135GA4S7 5,000,000.00 FNMA Callable Note Qtrly 11/17/2022

0.375% Due 5/17/2024

0.00 9,375.00 9,375.00
NOV 2022 0.00 22,812.50 22,812.50
12/06/2022 Interest 24422EWF2 280,000.00 John Deere Capital Corp Note

3.4% Due 6/6/2025

0.00 4,760.00 4,760.00
12/13/2022 Interest 06406RBF3 955,000.00 Bank of NY Mellon Corp Callable Note Cont 6/13/2024

3.43% Due 6/13/2025

0.00 16,378.25 16,378.25
12/13/2022 Interest 69371RR81 895,000.00 Paccar Financial Corp Note

3.15% Due 6/13/2024

0.00 14,096.25 14,096.25
Chandler Asset Management - CONFIDENTIAL Page 10 Execution Time: 9/2/2022 12:04:24 AM 580
Cash Flow Report
As of August 31, 2022
City of Orange
Account #10888
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 12/14/2022 Interest 3135GA5Y3 4,375,000.00 FNMA Callable Note Qtrly 12/14/2021

0.375% Due 6/14/2024

0.00 8,203.13 8,203.13
12/23/2022 Interest 40434CAD7 3,500,000.00 HSBC USA Inc Note

3.5% Due 6/23/2024

0.00 61,250.00 61,250.00
12/29/2022 Interest 3135GABN0 5,000,000.00 FNMA Callable Note Qtrly 12/29/2021

0.28% Due 12/29/2023

0.00 7,000.00 7,000.00
DEC 2022 0.00 111,687.63 111,687.63
01/28/2023 Call 3130ANA42 4,000,000.00 FHLB Callable Note Qtrly 1/28/2022

0.65% Due 4/28/2025
4,000,000.00 13,000.00 4,013,000.00
01/29/2023 Interest 3130ANDF4 5,000,000.00 FHLB Callable Note Annual 7/29/2022

0.9% Due 7/29/2026

0.00 22,500.00 22,500.00
JAN 2023 4,000,000.00 35,500.00 4,035,500.00
02/08/2023 Interest 037833EB2 3,000,000.00 Apple Inc Callable Note Cont 1/8/2026

0.7% Due 2/8/2026

0.00 10,500.00 10,500.00
02/18/2023 Interest 3135GA4W8 5,000,000.00 FNMA Callable Note Qtrly 11/18/2022

0.5% Due 2/18/2025

0.00 12,500.00 12,500.00
FEB 2023 0.00 23,000.00 23,000.00
03/06/2023 Interest 191216CL2 3,000,000.00 Coca Cola Company Callable Note Cont 8/6/2024

1.75% Due 9/6/2024

0.00 26,250.00 26,250.00
03/25/2023 Interest 3134GWVE3 4,575,000.00 FHLMC Callable Note Qtrly 3/25/2021

0.4% Due 9/25/2024

0.00 9,150.00 9,150.00
03/28/2023 Interest 3130ALLM4 5,000,000.00 FHLB Callable Note Qtrly 6/28/2021

0.35% Due 3/28/2024

0.00 8,750.00 8,750.00
03/29/2023 Interest 3134GWXC5 5,000,000.00 FHLMC Callable Note Qtrly 9/29/2021

0.35% Due 3/29/2024

0.00 8,750.00 8,750.00
03/31/2023 Interest 91282CCZ2 3,000,000.00 US Treasury Note

0.875% Due 9/30/2026

0.00 13,125.00 13,125.00
MAR 2023 0.00 66,025.00 66,025.00
04/16/2023 Interest 89236THP3 5,000,000.00 Toyota Motor Credit Corp Note

0.8% Due 10/16/2025

0.00 20,000.00 20,000.00
04/22/2023 Interest 06051GJR1 1,250,000.00 Bank of America Corp Callable Note Cont 4/22/2024

0.976% Due 4/22/2025

0.00 6,100.00 6,100.00
04/22/2023 Interest 46647PBK1 1,250,000.00 JP Morgan Chase & Co Callable Note Cont 4/22/2025

2.083% Due 4/22/2026

0.00 13,018.75 13,018.75
Chandler Asset Management - CONFIDENTIAL Page 11 Execution Time: 9/2/2022 12:04:24 AM 581
Cash Flow Report
As of August 31, 2022
City of Orange
Account #10888
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 04/28/2023 Interest 3134GW3Z7 9,000,000.00 FHLMC Callable Note Qtrly 10/28/2021

0.6% Due 10/28/2025

0.00 27,000.00 27,000.00
04/29/2023 Interest 3130AMBG6 5,000,000.00 FHLB Callable Note Qtrly 7/29/2021

0.75% Due 4/29/2025

0.00 18,750.00 18,750.00
APR 2023 0.00 84,868.75 84,868.75
05/08/2023 Interest 14913Q3B3 1,250,000.00 Caterpillar Finl Service Note

2.15% Due 11/8/2024

0.00 13,437.50 13,437.50
05/17/2023 Interest 3135GA4S7 5,000,000.00 FNMA Callable Note Qtrly 11/17/2022

0.375% Due 5/17/2024

0.00 9,375.00 9,375.00
MAY 2023 0.00 22,812.50 22,812.50
06/06/2023 Interest 24422EWF2 280,000.00 John Deere Capital Corp Note

3.4% Due 6/6/2025

0.00 4,760.00 4,760.00
06/13/2023 Interest 06406RBF3 955,000.00 Bank of NY Mellon Corp Callable Note Cont 6/13/2024

3.43% Due 6/13/2025

0.00 16,378.25 16,378.25
06/13/2023 Interest 69371RR81 895,000.00 Paccar Financial Corp Note

3.15% Due 6/13/2024

0.00 14,096.25 14,096.25
06/14/2023 Interest 3135GA5Y3 4,375,000.00 FNMA Callable Note Qtrly 12/14/2021

0.375% Due 6/14/2024

0.00 8,203.13 8,203.13
06/23/2023 Interest 40434CAD7 3,500,000.00 HSBC USA Inc Note

3.5% Due 6/23/2024

0.00 61,250.00 61,250.00
06/29/2023 Interest 3135GABN0 5,000,000.00 FNMA Callable Note Qtrly 12/29/2021

0.28% Due 12/29/2023

0.00 7,000.00 7,000.00
JUN 2023 0.00 111,687.63 111,687.63
07/29/2023 Interest 3130ANDF4 5,000,000.00 FHLB Callable Note Annual 7/29/2022

0.9% Due 7/29/2026

0.00 22,500.00 22,500.00
JUL 2023 0.00 22,500.00 22,500.00
08/08/2023 Interest 037833EB2 3,000,000.00 Apple Inc Callable Note Cont 1/8/2026

0.7% Due 2/8/2026

0.00 10,500.00 10,500.00
08/18/2023 Interest 3135GA4W8 5,000,000.00 FNMA Callable Note Qtrly 11/18/2022

0.5% Due 2/18/2025

0.00 12,500.00 12,500.00
AUG 2023 0.00 23,000.00 23,000.00
TOTAL 4,000,000.00 674,787.76 4,674,787.76
Chandler Asset Management - CONFIDENTIAL Page 12 Execution Time: 9/2/2022 12:04:24 AM 582
Important Disclosures City of Orange
Account #10888
Chandler Asset Management, Inc. ;͞Chandler͟Ϳis an SEC registered investment adviser. For additional information about our firm, please see our current disclosures (Form ADV). To obtain a copy of our current disclosures, you may contact your client service representative by calling the number on the front of this statement or you may visit our website at www.chandlerasset.com.

Information contained in this monthly statement is confidential and is provided for informational purposes only and should not be construed as specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of this statement, but may become outdated or superseded at any time without notice.

Custody: Your qualified custodian bank maintains control of all assets reflected in this statement and we urge you to compare this statement to the one you receive from your qualified custodian. Chandler does not have any authority to withdraw or deposit funds from/to the custodian account.

Valuation: Prices are provided by IDC, an independent pricing source. In the event IDC does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A.

Performance: Performance results are presented gross-of-advisory fees and represent the client͛s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.

Source ice Data Indices, LLC ("ICE"), used with permission. ICE PERMITS USE OF THE ICE INDICES AND RELATED DATA ON AN "AS IS" BASIS; ICE, ITS AFFILIATES AND THEIR RESPECTIVE

THIRD PARTY SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS AND/OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, INCLUDING THE INDICES, INDEX DATA AND ANY DATA INCLUDED IN, RELATED TO, OR DERIVED THEREFROM. NEITHER ICE DATA, ITS AFFILIATES OR

THEIR RESPECTIVE THIRD PARTY PROVIDERS GUARANTEE THE QUALITY, ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INDICES OR THE INDEX DATA OR ANY COMPONENT THEREOF, AND THE INDICES AND INDEX DATA AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN "AS IS" BASIS AND LICENSEE'S USE IS AT LICENSEE'S OWN RISK. ICE DATA, ITS AFFILIATES AND THEIR RESPECTIVE THIRD PARTY DO NOT SPONSOR, ENDORSE, OR RECOMMEND CHANDLER, OR ANY OF ITS PRODUCTS OR SERVICES.

Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest directly in an index.

Ratings: Ratings information have been provided by Moody͛s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy.

Security level ratings for U.S. Agency issued mortgage-backed securities ;͞MBS͟Ϳreflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest and carries a AA+/Aaa/AAA by S&P, Moody͛s and Fitch respectively.

Chandler Asset Management - CONFIDENTIAL Page 13 Execution Time: 9/2/2022 12:04:24 AM 583
Benchmark Index & Disclosures City of Orange
Account #10888
Benchmark Index Disclosure
ICE BofA 1-5 Yr US Treasury & Agency
Index
The ICE BofA 1-5 Year US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average of Moody͛s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than five years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies.

Chandler Asset Management - CONFIDENTIAL Page 14 Execution Time: 9/2/2022 12:04:24 AM 584

MONTHLY ACCOUNT STATEMENT
City of Orange - Account #10888
SEPTEMBER 1, 2022 THROUGH SEPTEMBER 30, 2022
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures.

CHANDLER ASSET MANAGEMENT
chandlerasset.com
Chandler Team:

For questions about your account, please call (800) 317-4747, or contact [email protected]
Custodian
US Bank
Alexander Bazan
(503) 402-5305
585

ACCOUNT SUMMARY
Beg. Values
as of 8/31/22
End Values
as of 9/30/22
Market Value 75,133,732 73,964,480
Accrued Interest 186,175 177,430
Total Market Value 75,319,907 74,141,911
Income Earned 57,980 57,994
Cont/WD -5,566
Par 80,472,939 80,533,592
Book Value 80,410,203 80,471,375
Cost Value 80,514,311 80,574,964

TOP ISSUERS
Federal National Mortgage Assoc 24.4%
Federal Home Loan Bank 23.3%
Federal Home Loan Mortgage Corp 22.9%
Toyota Motor Corp 6.0%
HSBC Holdings PLC 4.6%
Coca Cola Co. 3.9%
Apple Inc 3.6%
Government of United States 3.6%
Total 92.2%

PORTFOLIO CHARACTERISTICS
Average Modified Duration 2.28
Average Coupon 0.86%
Average Purchase YTM 0.89%
Average Market YTM 4.57%
Average S&P/Moody Rating AA/Aa1
Average Final Maturity 2.37 yrs
Average Life 2.36 yrs

SECTOR ALLOCATION MATURITY DISTRIBUTION CREDIT QUALITY (S&P) Portfolio Summary
As of September 30, 2022
City of Orange
Account #10888

PERFORMANCE REVIEW
Annualized
TOTAL RATE OF RETURN 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS 12/31/2021 City of Orange -1.56% -2.40% -6.89% N/A N/A N/A N/A N/A N/A ICE BofA 1-5 Yr US Treasury & Agency Index -1.69% -2.28% -6.13% N/A N/A N/A N/A N/A N/A Chandler Asset Management - CONFIDENTIAL Page 1 Execution Time: 10/3/2022 9:28:51 PM 586

BOOK VALUE RECONCILIATION
BEGINNING BOOK VALUE $80,410,202.55
Acquisition
+ Security Purchases $0.00
+ Money Market Fund Purchases $66,218.67
+ Money Market Contributions $0.00
+ Security Contributions $0.00
+ Security Transfers $0.00
Total Acquisitions $66,218.67
Dispositions
- Security Sales $0.00
- Money Market Fund Sales $0.00
- MMF Withdrawals $5,565.51
- Security Withdrawals $0.00
- Security Transfers $0.00
- Other Dispositions $0.00
- Maturites $0.00
- Calls $0.00
- Principal Paydowns $0.00
Total Dispositions $5,565.51
Amortization/Accretion
+/- Net Accretion $519.75
$519.75
Gain/Loss on Dispositions
+/- Realized Gain/Loss $0.00
$0.00
ENDING BOOK VALUE $80,471,375.46

CASH TRANSACTION SUMMARY
BEGINNING BALANCE $142,939.30
Acquisition
Contributions $0.00
Security Sale Proceeds $0.00
Accrued Interest Received $0.00
Interest Received $66,025.00
Dividend Received $193.67
Principal on Maturities $0.00
Interest on Maturities $0.00
Calls/Redemption (Principal) $0.00
Interest from Calls/Redemption $0.00
Principal Paydown $0.00
Total Acquisitions $66,218.67
Dispositions
Withdrawals $5,565.51
Security Purchase $0.00
Accrued Interest Paid $0.00
Total Dispositions $5,565.51
ENDING BOOK VALUE $203,592.46
Reconciliation Summary
As of September 30, 2022
City of Orange
Account #10888
Chandler Asset Management - CONFIDENTIAL Page 2 Execution Time: 10/3/2022 9:28:51 PM 587
Holdings Report
As of September 30, 2022
City of Orange
Account #10888
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
AGENCY
3135GABN0 FNMA Callable Note Qtrly 12/29/2021

0.28% Due 12/29/2023
5,000,000.00 12/29/2020

0.28%
5,000,000.00
5,000,000.00

94.88 4.55%
4,744,140.00
3,577.78

6.40%
(255,860.00)
Aaa / AA+
AAA

1.25 1.22
3130ALLM4 FHLB Callable Note Qtrly 6/28/2021

0.35% Due 3/28/2024
5,000,000.00 03/29/2021

0.37%
4,997,000.00
4,998,509.59

93.95 4.59%
4,697,320.00
145.83

6.34%
(301,189.59)
Aaa / AA+
NR

1.49 1.46
3134GWXC5 FHLMC Callable Note Qtrly 9/29/2021

0.35% Due 3/29/2024
5,000,000.00 12/10/2020

0.35%
5,000,000.00
5,000,000.00

93.99 4.55%
4,699,315.00

97.22 6.34%
(300,685.00)
Aaa / NR
AAA

1.50 1.46
3135GA4S7 FNMA Callable Note Qtrly 11/17/2022

0.375% Due 5/17/2024
5,000,000.00 11/20/2020

0.38%
5,000,000.00
5,000,000.00

93.53 4.53%
4,676,700.00
6,979.17

6.32%
(323,300.00)
Aaa / AA+
AAA

1.63 1.59
3135GA5Y3 FNMA Callable Note Qtrly 12/14/2021

0.375% Due 6/14/2024
4,375,000.00 12/14/2020

0.38%
4,375,000.00
4,375,000.00

93.25 4.53%
4,079,565.00
4,876.30

5.51%
(295,435.00)
Aaa / AA+
AAA

1.71 1.66
3134GWVE3 FHLMC Callable Note Qtrly 3/25/2021

0.4% Due 9/25/2024
4,575,000.00 11/19/2020

0.41%
4,573,627.50
4,574,292.27

92.42 4.43%
4,228,251.60
305.00

5.70%
(346,040.67)
Aaa / NR
AAA

1.99 1.94
3135GA4W8 FNMA Callable Note Qtrly 11/18/2022

0.5% Due 2/18/2025
5,000,000.00 11/20/2020

0.50%
5,000,000.00
5,000,000.00

91.00 4.52%
4,550,110.00
2,986.11

6.14%
(449,890.00)
Aaa / AA+
AAA

2.39 2.32
3130ANA42 FHLB Callable Note Qtrly 1/28/2022

0.65% Due 4/28/2025
4,000,000.00 07/28/2021

0.65%
4,000,000.00
4,000,000.00

90.57 4.57%
3,622,968.00
4,550.00

4.89%
(377,032.00)
Aaa / AA+
NR

2.58 2.50
3130AMBG6 FHLB Callable Note Qtrly 7/29/2021

0.75% Due 4/29/2025
5,000,000.00 05/04/2021

0.75%
5,000,000.00
5,000,000.00

90.80 4.57%
4,540,220.00
15,833.33

6.15%
(459,780.00)
Aaa / AA+
NR

2.58 2.49
3134GW3Z7 FHLMC Callable Note Qtrly 10/28/2021

0.6% Due 10/28/2025
9,000,000.00 10/28/2020

0.60%
9,000,000.00
9,000,000.00

88.88 4.51%
7,998,750.00
22,950.00

10.82%
(1,001,250.00)
Aaa / NR
AAA

3.08 2.98
3130ANDF4 FHLB Callable Note Annual 7/29/2022

0.9% Due 7/29/2026
5,000,000.00 07/29/2021

0.90%
5,010,000.00
5,000,000.00

87.49 4.49%
4,374,635.00
7,750.00

5.91%
(625,365.00)
Aaa / AA+
NR

3.83 3.68
Total Agency 56,950,000.00 0.51%
56,955,627.50
56,947,801.86 4.53%
52,211,974.60
70,050.74

70.52%
(4,735,827.26)
Aaa / AA+
AAA

2.23 2.16

CORPORATE
69371RR81 Paccar Financial Corp Note

3.15% Due 6/13/2024
895,000.00 06/06/2022

3.16%
894,794.15
894,825.13

97.59 4.64%
873,395.60
8,457.75

1.19%
(21,429.53)
A1 / A+
NR

1.70 1.62
40434CAD7 HSBC USA Inc Note

3.5% Due 6/23/2024
3,500,000.00 12/10/2019

2.14%
3,704,050.00
3,577,704.01

97.49 5.03%
3,412,321.50
33,347.22

4.65%
(165,382.51)
A1 / AA+1.73

1.64 191216CL2 Coca Cola Company Callable Note Cont
8/6/2024

1.75% Due 9/6/2024
3,000,000.00 09/20/2019

2.00%
2,964,750.00
2,986,273.30

95.27 4.33%
2,858,040.00
3,645.83

3.86%
(128,233.30)
A1 / A+
A

1.94 1.87
Chandler Asset Management - CONFIDENTIAL Page 3 Execution Time: 10/3/2022 9:28:51 PM 588
Holdings Report
As of September 30, 2022
City of Orange
Account #10888
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration

CORPORATE
14913Q3B3 Caterpillar Finl Service Note

2.15% Due 11/8/2024
1,250,000.00 05/31/2022

2.87%
1,229,100.00
1,231,941.46

95.13 4.60%
1,189,162.50
10,675.35

1.62%
(42,778.96)
A2 / A
A

2.11 2.00
06051GJR1 Bank of America Corp Callable Note
Cont 4/22/2024

0.976% Due 4/22/2025
1,250,000.00 05/31/2022

3.60%
1,192,012.50
1,198,663.20

92.97 4.97%
1,162,103.75
5,388.33

1.57%
(36,559.45)
A2 / AAA2.56

2.45 24422EWF2 John Deere Capital Corp Note

3.4% Due 6/6/2025
280,000.00 06/01/2022

3.41%
279,935.60
279,942.47

96.66 4.74%
270,650.52
3,041.11

0.37%
(9,291.95)
A2 / A
A

2.68 2.50
06406RBF3 Bank of NY Mellon Corp Callable Note
Cont 6/13/2024

3.43% Due 6/13/2025
955,000.00 06/08/2022

3.43%
955,000.00
955,000.00

97.45 4.50%
930,693.34
9,826.95

1.27%
(24,306.66)
A1 / A
AA2.702.52
89236THP3 Toyota Motor Credit Corp Note

0.8% Due 10/16/2025
5,000,000.00 11/19/2020

0.70%
5,025,000.00
5,015,499.44

88.67 4.85%
4,433,520.00
18,333.33

6.00%
(581,979.44)
A1 / A+
A+

3.05 2.93
037833EB2 Apple Inc Callable Note Cont 1/8/2026

0.7% Due 2/8/2026
3,000,000.00 02/08/2021

0.70%
2,999,730.00
2,999,818.72

87.99 4.60%
2,639,655.00
3,091.67

3.56%
(360,163.72)
Aaa / AA+
NR

3.36 3.24
46647PBK1 JP Morgan Chase & Co Callable Note
Cont 4/22/2025

2.083% Due 4/22/2026
1,250,000.00 05/31/2022

4.10%
1,190,825.00
1,195,867.38

91.12 5.61%
1,139,020.00
11,499.90

1.55%
(56,847.38)
A1 / AAA3.56

3.31 Total Corporate 20,380,000.00 1.92%
20,435,197.25
20,335,535.11 4.78%
18,908,562.21
107,307.44

25.65%
(1,426,972.90)
A1 / A+
A+

2.54 2.43

MONEY MARKET FUND
31846V203 First American Govt Obligation Fund
Class Y
203,592.46 Various

2.45%
203,592.46
203,592.46

1.00 2.45%
203,592.46

0.00 0.27%

0.00 Aaa / AAA
AAA

0.00 0.00
Total Money Market Fund 203,592.46 2.45%
203,592.46
203,592.46 2.45%
203,592.46

0.00 0.27%

0.00 Aaa / AAA
AAA

0.00 0.00
Chandler Asset Management - CONFIDENTIAL Page 4 Execution Time: 10/3/2022 9:28:51 PM 589
Holdings Report
As of September 30, 2022
City of Orange
Account #10888
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration

US TREASURY
91282CCZ2 US Treasury Note

0.875% Due 9/30/2026
3,000,000.00 09/30/2021

1.01%
2,980,546.88
2,984,446.03

88.01 4.16%
2,640,351.00

72.12 3.56%
(344,095.03)
Aaa / AA+
AAA

4.00 3.85
Total US Treasury 3,000,000.00 1.01%
2,980,546.88
2,984,446.03 4.16%
2,640,351.00

72.12 3.56%
(344,095.03)
Aaa / AA+
AAA

4.00 3.85
TOTAL PORTFOLIO 80,533,592.46 0.89%
80,574,964.09
80,471,375.46 4.57%
73,964,480.27
177,430.30
100.00%
(6,506,895.19)
Aa1 / AA
AAA

2.37 2.28
TOTAL MARKET VALUE PLUS ACCRUED 74,141,910.57
Chandler Asset Management - CONFIDENTIAL Page 5 Execution Time: 10/3/2022 9:28:51 PM 590
Transaction Ledger
As of September 30, 2022
City of Orange
Account #10888
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/DispYield Amount InterestPur/Sold Total Amount Gain/Loss

ACQUISITIONS
Purchase 09/01/2022 31846V203 193.67 First American Govt Obligation Fund Class Y

1.000 1.73% 193.67 0.00 193.67 0.00
Purchase 09/06/2022 31846V203 26,250.00 First American Govt Obligation Fund Class Y

1.000 1.73% 26,250.00 0.00 26,250.00 0.00
Purchase 09/25/2022 31846V203 9,150.00 First American Govt Obligation Fund Class Y

1.000 1.73% 9,150.00 0.00 9,150.00 0.00
Purchase 09/28/2022 31846V203 8,750.00 First American Govt Obligation Fund Class Y

1.000 1.73% 8,750.00 0.00 8,750.00 0.00
Purchase 09/29/2022 31846V203 8,750.00 First American Govt Obligation Fund Class Y

1.000 2.45% 8,750.00 0.00 8,750.00 0.00
Purchase 09/30/2022 31846V203 13,125.00 First American Govt Obligation Fund Class Y

1.000 2.45% 13,125.00 0.00 13,125.00 0.00
Subtotal 66,218.67 66,218.67 0.00 66,218.67 0.00
TOTAL ACQUISITIONS 66,218.67 66,218.67 0.00 66,218.67 0.00

DISPOSITIONS
Security
Withdrawal
09/09/2022 31846V203 5,044.20 First American Govt Obligation Fund Class Y

1.000 5,044.20 0.00 5,044.20 0.00
Security
Withdrawal
09/26/2022 31846V203 521.31 First American Govt Obligation Fund Class Y

1.000 521.31 0.00 521.31 0.00
Subtotal 5,565.51 5,565.51 0.00 5,565.51 0.00
TOTAL DISPOSITIONS 5,565.51 5,565.51 0.00 5,565.51 0.00

OTHER TRANSACTIONS
Interest 09/06/2022 191216CL2 3,000,000.00 Coca Cola Company Callable Note Cont 8/6/2024

1.75% Due 9/6/2024

0.000 26,250.00 0.00 26,250.00 0.00
Interest 09/25/2022 3134GWVE3 4,575,000.00 FHLMC Callable Note Qtrly 3/25/2021

0.4% Due 9/25/2024

0.000 9,150.00 0.00 9,150.00 0.00
Chandler Asset Management - CONFIDENTIAL Page 6 Execution Time: 10/3/2022 9:28:51 PM 591
Transaction Ledger
As of September 30, 2022
City of Orange
Account #10888
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/DispYield Amount InterestPur/Sold Total Amount Gain/Loss

OTHER TRANSACTIONS
Interest 09/28/2022 3130ALLM4 5,000,000.00 FHLB Callable Note Qtrly 6/28/2021

0.35% Due 3/28/2024

0.000 8,750.00 0.00 8,750.00 0.00
Interest 09/29/2022 3134GWXC5 5,000,000.00 FHLMC Callable Note Qtrly 9/29/2021

0.35% Due 3/29/2024

0.000 8,750.00 0.00 8,750.00 0.00
Interest 09/30/2022 91282CCZ2 3,000,000.00 US Treasury Note

0.875% Due 9/30/2026

0.000 13,125.00 0.00 13,125.00 0.00
Subtotal 20,575,000.00 66,025.00 0.00 66,025.00 0.00
Dividend 09/01/2022 31846V203 142,939.30 First American Govt Obligation Fund Class Y

0.000 193.67 0.00 193.67 0.00
Subtotal 142,939.30 193.67 0.00 193.67 0.00
TOTAL OTHER TRANSACTIONS 20,717,939.30 66,218.67 0.00 66,218.67 0.00 Chandler Asset Management - CONFIDENTIAL Page 7 Execution Time: 10/3/2022 9:28:51 PM 592
Income Earned
As of September 30, 2022
City of Orange
Account #10888
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income

FIXED INCOME
037833EB2 Apple Inc
Callable Note Cont 1/8/2026

0.7% Due 02/08/2026
02/08/2021
02/08/2021
3,000,000.00
2,999,814.28

0.00 0.00
2,999,818.72
1,341.67

0.00 3,091.67
1,750.00

4.44 0.00

4.44 1,754.44
1,754.44
06051GJR1 Bank of America Corp
Callable Note Cont 4/22/2024

0.976% Due 04/22/2025
05/31/2022
06/02/2022
1,250,000.00
1,197,014.27

0.00 0.00
1,198,663.20
4,371.67

0.00 5,388.33
1,016.66
1,648.93

0.00 1,648.93
2,665.59
2,665.59
06406RBF3 Bank of NY Mellon Corp
Callable Note Cont 6/13/2024

3.43% Due 06/13/2025
06/08/2022
06/13/2022
955,000.00
955,000.00

0.00 0.00
955,000.00
7,097.24

0.00 9,826.95
2,729.71

0.00 0.00

0.00 2,729.71
2,729.71
14913Q3B3 Caterpillar Finl Service
Note

2.15% Due 11/08/2024
05/31/2022
06/02/2022
1,250,000.00
1,231,236.97

0.00 0.00
1,231,941.46
8,435.76

0.00 10,675.35
2,239.59
704.49

0.00 704.49
2,944.08
2,944.08
191216CL2 Coca Cola Company
Callable Note Cont 8/6/2024

1.75% Due 09/06/2024
09/20/2019
09/20/2019
3,000,000.00
2,985,690.02

0.00 0.00
2,986,273.30
25,520.83
26,250.00
3,645.83
4,375.00
583.28

0.00 583.28
4,958.28
4,958.28
24422EWF2 John Deere Capital Corp
Note

3.4% Due 06/06/2025
06/01/2022
06/06/2022
280,000.00
279,940.71

0.00 0.00
279,942.47
2,247.78

0.00 3,041.11
793.33

1.76 0.00

1.76 795.09
795.09
3130ALLM4 FHLB
Callable Note Qtrly 6/28/2021

0.35% Due 03/28/2024
03/29/2021
03/29/2021
5,000,000.00
4,998,427.40

0.00 0.00
4,998,509.59
7,437.50
8,750.00
145.83
1,458.33

82.19 0.00

82.19 1,540.52
1,540.52
3130AMBG6 FHLB
Callable Note Qtrly 7/29/2021

0.75% Due 04/29/2025
05/04/2021
05/04/2021
5,000,000.00
5,000,000.00

0.00 0.00
5,000,000.00
12,708.33

0.00 15,833.33
3,125.00

0.00 0.00

0.00 3,125.00
3,125.00
3130ANA42 FHLB
Callable Note Qtrly 1/28/2022

0.65% Due 04/28/2025
07/28/2021
07/28/2021
4,000,000.00
4,000,000.00

0.00 0.00
4,000,000.00
2,383.33

0.00 4,550.00
2,166.67

0.00 0.00

0.00 2,166.67
2,166.67
Chandler Asset Management - CONFIDENTIAL Page 8 Execution Time: 10/3/2022 9:28:51 PM 593
Income Earned
As of September 30, 2022
City of Orange
Account #10888
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
3130ANDF4 FHLB
Callable Note Annual 7/29/2022

0.9% Due 07/29/2026
07/29/2021
07/29/2021
5,000,000.00
5,000,000.00

0.00 0.00
5,000,000.00
4,000.00

0.00 7,750.00
3,750.00

0.00 0.00

0.00 3,750.00
3,750.00
3134GW3Z7 FHLMC
Callable Note Qtrly 10/28/2021

0.6% Due 10/28/2025
10/28/2020
10/28/2020
9,000,000.00
9,000,000.00

0.00 0.00
9,000,000.00
18,450.00

0.00 22,950.00
4,500.00

0.00 0.00

0.00 4,500.00
4,500.00
3134GWVE3 FHLMC
Callable Note Qtrly 3/25/2021

0.4% Due 09/25/2024
11/19/2020
11/19/2020
4,575,000.00
4,574,262.99

0.00 0.00
4,574,292.27
7,930.00
9,150.00
305.00
1,525.00

29.28 0.00

29.28 1,554.28
1,554.28
3134GWXC5 FHLMC
Callable Note Qtrly 9/29/2021

0.35% Due 03/29/2024
12/10/2020
12/10/2020
5,000,000.00
5,000,000.00

0.00 0.00
5,000,000.00
7,388.89
8,750.00

97.22 1,458.33

0.00 0.00

0.00 1,458.33
1,458.33
3135GA4S7 FNMA
Callable Note Qtrly 11/17/2022

0.375% Due 05/17/2024
11/20/2020
11/20/2020
5,000,000.00
5,000,000.00

0.00 0.00
5,000,000.00
5,416.67

0.00 6,979.17
1,562.50

0.00 0.00

0.00 1,562.50
1,562.50
3135GA4W8 FNMA
Callable Note Qtrly 11/18/2022

0.5% Due 02/18/2025
11/20/2020
11/20/2020
5,000,000.00
5,000,000.00

0.00 0.00
5,000,000.00
902.78

0.00 2,986.11
2,083.33

0.00 0.00

0.00 2,083.33
2,083.33
3135GA5Y3 FNMA
Callable Note Qtrly 12/14/2021

0.375% Due 06/14/2024
12/14/2020
12/14/2020
4,375,000.00
4,375,000.00

0.00 0.00
4,375,000.00
3,509.11

0.00 4,876.30
1,367.19

0.00 0.00

0.00 1,367.19
1,367.19
3135GABN0 FNMA
Callable Note Qtrly 12/29/2021

0.28% Due 12/29/2023
12/29/2020
12/29/2020
5,000,000.00
5,000,000.00

0.00 0.00
5,000,000.00
2,411.11

0.00 3,577.78
1,166.67

0.00 0.00

0.00 1,166.67
1,166.67
40434CAD7 HSBC USA Inc
Note

3.5% Due 06/23/2024
12/10/2019
12/10/2019
3,500,000.00
3,581,398.34

0.00 0.00
3,577,704.01
23,138.89

0.00 33,347.22
10,208.33

0.00 3,694.33
(3,694.33)
6,514.00
6,514.00
Chandler Asset Management - CONFIDENTIAL Page 9 Execution Time: 10/3/2022 9:28:51 PM 594
Income Earned
As of September 30, 2022
City of Orange
Account #10888
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
46647PBK1 JP Morgan Chase & Co
Callable Note Cont 4/22/2025

2.083% Due 04/22/2026
05/31/2022
06/02/2022
1,250,000.00
1,194,617.20

0.00 0.00
1,195,867.38
9,330.10

0.00 11,499.90
2,169.80
1,250.18

0.00 1,250.18
3,419.98
3,419.98
69371RR81 Paccar Financial Corp
Note

3.15% Due 06/13/2024
06/06/2022
06/13/2022
895,000.00
894,816.68

0.00 0.00
894,825.13
6,108.38

0.00 8,457.75
2,349.37

8.45 0.00

8.45 2,357.82
2,357.82
89236THP3 Toyota Motor Credit Corp
Note

0.8% Due 10/16/2025
11/19/2020
11/19/2020
5,000,000.00
5,015,917.97

0.00 0.00
5,015,499.44
15,000.00

0.00 18,333.33
3,333.33

0.00 418.53
(418.53)
2,914.80
2,914.80
91282CCZ2 US Treasury
Note

0.875% Due 09/30/2026
09/30/2021
09/30/2021
3,000,000.00
2,984,126.42

0.00 0.00
2,984,446.03
11,045.08
13,125.00

72.12 2,152.04
319.61

0.00 319.61
2,471.65
2,471.65
Total Fixed Income 80,330,000.00
80,267,263.25

0.00 0.00
80,267,783.00
186,175.12
66,025.00
177,430.30
57,280.18
4,632.61
4,112.86
519.75
57,799.93 57,799.93

CASH & EQUIVALENT
31846V203 First American
Govt Obligation Fund Class Y
Various
Various
203,592.46
142,939.30
66,218.67
5,565.51
203,592.46

0.00 193.67

0.00 193.67

0.00 0.00

0.00 193.67
193.67
Total Cash & Equivalent 203,592.46
142,939.30
66,218.67
5,565.51
203,592.46

0.00 193.67

0.00 193.67

0.00 0.00

0.00 193.67 193.67
TOTAL PORTFOLIO 80,533,592.46
80,410,202.55
66,218.67
5,565.51
80,471,375.46
186,175.12
66,218.67
177,430.30
57,473.85
4,632.61
4,112.86
519.75
57,993.60 57,993.60
Chandler Asset Management - CONFIDENTIAL Page 10 Execution Time: 10/3/2022 9:28:51 PM 595
Cash Flow Report
As of September 30, 2022
City of Orange
Account #10888
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 10/16/2022 Interest 89236THP3 5,000,000.00 Toyota Motor Credit Corp Note

0.8% Due 10/16/2025

0.00 20,000.00 20,000.00
10/22/2022 Interest 46647PBK1 1,250,000.00 JP Morgan Chase & Co Callable Note Cont 4/22/2025

2.083% Due 4/22/2026

0.00 13,018.75 13,018.75
10/22/2022 Interest 06051GJR1 1,250,000.00 Bank of America Corp Callable Note Cont 4/22/2024

0.976% Due 4/22/2025

0.00 6,100.00 6,100.00
10/28/2022 Interest 3134GW3Z7 9,000,000.00 FHLMC Callable Note Qtrly 10/28/2021

0.6% Due 10/28/2025

0.00 27,000.00 27,000.00
10/29/2022 Interest 3130AMBG6 5,000,000.00 FHLB Callable Note Qtrly 7/29/2021

0.75% Due 4/29/2025

0.00 18,750.00 18,750.00
OCT 2022 0.00 84,868.75 84,868.75
11/08/2022 Interest 14913Q3B3 1,250,000.00 Caterpillar Finl Service Note

2.15% Due 11/8/2024

0.00 13,437.50 13,437.50
11/17/2022 Interest 3135GA4S7 5,000,000.00 FNMA Callable Note Qtrly 11/17/2022

0.375% Due 5/17/2024

0.00 9,375.00 9,375.00
NOV 2022 0.00 22,812.50 22,812.50
12/06/2022 Interest 24422EWF2 280,000.00 John Deere Capital Corp Note

3.4% Due 6/6/2025

0.00 4,760.00 4,760.00
12/13/2022 Interest 06406RBF3 955,000.00 Bank of NY Mellon Corp Callable Note Cont 6/13/2024

3.43% Due 6/13/2025

0.00 16,378.25 16,378.25
12/13/2022 Interest 69371RR81 895,000.00 Paccar Financial Corp Note

3.15% Due 6/13/2024

0.00 14,096.25 14,096.25
12/14/2022 Interest 3135GA5Y3 4,375,000.00 FNMA Callable Note Qtrly 12/14/2021

0.375% Due 6/14/2024

0.00 8,203.13 8,203.13
12/23/2022 Interest 40434CAD7 3,500,000.00 HSBC USA Inc Note

3.5% Due 6/23/2024

0.00 61,250.00 61,250.00
12/29/2022 Interest 3135GABN0 5,000,000.00 FNMA Callable Note Qtrly 12/29/2021

0.28% Due 12/29/2023

0.00 7,000.00 7,000.00
DEC 2022 0.00 111,687.63 111,687.63
01/28/2023 Call 3130ANA42 4,000,000.00 FHLB Callable Note Qtrly 1/28/2022

0.65% Due 4/28/2025
4,000,000.00 13,000.00 4,013,000.00
Chandler Asset Management - CONFIDENTIAL Page 11 Execution Time: 10/3/2022 9:28:51 PM 596
Cash Flow Report
As of September 30, 2022
City of Orange
Account #10888
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 01/29/2023 Interest 3130ANDF4 5,000,000.00 FHLB Callable Note Annual 7/29/2022

0.9% Due 7/29/2026

0.00 22,500.00 22,500.00
JAN 2023 4,000,000.00 35,500.00 4,035,500.00
02/08/2023 Interest 037833EB2 3,000,000.00 Apple Inc Callable Note Cont 1/8/2026

0.7% Due 2/8/2026

0.00 10,500.00 10,500.00
02/18/2023 Interest 3135GA4W8 5,000,000.00 FNMA Callable Note Qtrly 11/18/2022

0.5% Due 2/18/2025

0.00 12,500.00 12,500.00
FEB 2023 0.00 23,000.00 23,000.00
03/06/2023 Interest 191216CL2 3,000,000.00 Coca Cola Company Callable Note Cont 8/6/2024

1.75% Due 9/6/2024

0.00 26,250.00 26,250.00
03/25/2023 Interest 3134GWVE3 4,575,000.00 FHLMC Callable Note Qtrly 3/25/2021

0.4% Due 9/25/2024

0.00 9,150.00 9,150.00
03/28/2023 Interest 3130ALLM4 5,000,000.00 FHLB Callable Note Qtrly 6/28/2021

0.35% Due 3/28/2024

0.00 8,750.00 8,750.00
03/29/2023 Interest 3134GWXC5 5,000,000.00 FHLMC Callable Note Qtrly 9/29/2021

0.35% Due 3/29/2024

0.00 8,750.00 8,750.00
03/31/2023 Interest 91282CCZ2 3,000,000.00 US Treasury Note

0.875% Due 9/30/2026

0.00 13,125.00 13,125.00
MAR 2023 0.00 66,025.00 66,025.00
04/16/2023 Interest 89236THP3 5,000,000.00 Toyota Motor Credit Corp Note

0.8% Due 10/16/2025

0.00 20,000.00 20,000.00
04/22/2023 Interest 06051GJR1 1,250,000.00 Bank of America Corp Callable Note Cont 4/22/2024

0.976% Due 4/22/2025

0.00 6,100.00 6,100.00
04/22/2023 Interest 46647PBK1 1,250,000.00 JP Morgan Chase & Co Callable Note Cont 4/22/2025

2.083% Due 4/22/2026

0.00 13,018.75 13,018.75
04/28/2023 Interest 3134GW3Z7 9,000,000.00 FHLMC Callable Note Qtrly 10/28/2021

0.6% Due 10/28/2025

0.00 27,000.00 27,000.00
04/29/2023 Interest 3130AMBG6 5,000,000.00 FHLB Callable Note Qtrly 7/29/2021

0.75% Due 4/29/2025

0.00 18,750.00 18,750.00
APR 2023 0.00 84,868.75 84,868.75
05/08/2023 Interest 14913Q3B3 1,250,000.00 Caterpillar Finl Service Note

2.15% Due 11/8/2024

0.00 13,437.50 13,437.50
Chandler Asset Management - CONFIDENTIAL Page 12 Execution Time: 10/3/2022 9:28:51 PM 597
Cash Flow Report
As of September 30, 2022
City of Orange
Account #10888
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 05/17/2023 Interest 3135GA4S7 5,000,000.00 FNMA Callable Note Qtrly 11/17/2022

0.375% Due 5/17/2024

0.00 9,375.00 9,375.00
MAY 2023 0.00 22,812.50 22,812.50
06/06/2023 Interest 24422EWF2 280,000.00 John Deere Capital Corp Note

3.4% Due 6/6/2025

0.00 4,760.00 4,760.00
06/13/2023 Interest 06406RBF3 955,000.00 Bank of NY Mellon Corp Callable Note Cont 6/13/2024

3.43% Due 6/13/2025

0.00 16,378.25 16,378.25
06/13/2023 Interest 69371RR81 895,000.00 Paccar Financial Corp Note

3.15% Due 6/13/2024

0.00 14,096.25 14,096.25
06/14/2023 Interest 3135GA5Y3 4,375,000.00 FNMA Callable Note Qtrly 12/14/2021

0.375% Due 6/14/2024

0.00 8,203.13 8,203.13
06/23/2023 Interest 40434CAD7 3,500,000.00 HSBC USA Inc Note

3.5% Due 6/23/2024

0.00 61,250.00 61,250.00
06/29/2023 Interest 3135GABN0 5,000,000.00 FNMA Callable Note Qtrly 12/29/2021

0.28% Due 12/29/2023

0.00 7,000.00 7,000.00
JUN 2023 0.00 111,687.63 111,687.63
07/29/2023 Interest 3130ANDF4 5,000,000.00 FHLB Callable Note Annual 7/29/2022

0.9% Due 7/29/2026

0.00 22,500.00 22,500.00
JUL 2023 0.00 22,500.00 22,500.00
08/08/2023 Interest 037833EB2 3,000,000.00 Apple Inc Callable Note Cont 1/8/2026

0.7% Due 2/8/2026

0.00 10,500.00 10,500.00
08/18/2023 Interest 3135GA4W8 5,000,000.00 FNMA Callable Note Qtrly 11/18/2022

0.5% Due 2/18/2025

0.00 12,500.00 12,500.00
AUG 2023 0.00 23,000.00 23,000.00
09/06/2023 Interest 191216CL2 3,000,000.00 Coca Cola Company Callable Note Cont 8/6/2024

1.75% Due 9/6/2024

0.00 26,250.00 26,250.00
09/25/2023 Interest 3134GWVE3 4,575,000.00 FHLMC Callable Note Qtrly 3/25/2021

0.4% Due 9/25/2024

0.00 9,150.00 9,150.00
09/28/2023 Interest 3130ALLM4 5,000,000.00 FHLB Callable Note Qtrly 6/28/2021

0.35% Due 3/28/2024

0.00 8,750.00 8,750.00
09/29/2023 Interest 3134GWXC5 5,000,000.00 FHLMC Callable Note Qtrly 9/29/2021

0.35% Due 3/29/2024

0.00 8,750.00 8,750.00
Chandler Asset Management - CONFIDENTIAL Page 13 Execution Time: 10/3/2022 9:28:51 PM 598
Cash Flow Report
As of September 30, 2022
City of Orange
Account #10888
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 09/30/2023 Interest 91282CCZ2 3,000,000.00 US Treasury Note

0.875% Due 9/30/2026

0.00 13,125.00 13,125.00
SEP 2023 0.00 66,025.00 66,025.00
TOTAL 4,000,000.00 674,787.76 4,674,787.76
Chandler Asset Management - CONFIDENTIAL Page 14 Execution Time: 10/3/2022 9:28:51 PM 599
Important Disclosures City of Orange
Account #10888
Chandler Asset Management, Inc. ;͞Chandler͟Ϳis an SEC registered investment adviser. For additional information about our firm, please see our current disclosures (Form ADV). To obtain a copy of our current disclosures, you may contact your client service representative by calling the number on the front of this statement or you may visit our website at www.chandlerasset.com.

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Valuation: Prices are provided by IDC, an independent pricing source. In the event IDC does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A.

Performance: Performance results are presented gross-of-advisory fees and represent the client͛s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.

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Ratings: Ratings information have been provided by Moody͛s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy.

Security level ratings for U.S. Agency issued mortgage-backed securities ;͞MBS͟Ϳreflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest and carries a AA+/Aaa/AAA by S&P, Moody͛s and Fitch respectively.

Chandler Asset Management - CONFIDENTIAL Page 15 Execution Time: 10/3/2022 9:28:51 PM 600
Benchmark Index & Disclosures City of Orange
Account #10888
Benchmark Index Disclosure
ICE BofA 1-5 Yr US Treasury & Agency
Index
The ICE BofA 1-5 Year US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average of Moody͛s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than five years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies.

Chandler Asset Management - CONFIDENTIAL Page 16 Execution Time: 10/3/2022 9:28:51 PM 601
Agenda Item
City Council
Item #: 3.30. 11/15/2022 File #: 22-0667
TO: Honorable Mayor and Members of the City Council
FROM: Jeffrey S. Adams, Interim Community Development Director

1. SUBJECT
Addition of 167 N. Little Main Street to the City of Orange Historic Resources Inventory.

2. SUMMARY
A request to include a single-family residence located outside of a historic district in the City of Orange Historic Resources Inventory. The Community Development Department’s Historic Preservation Program has received an intensive-level cultural resource assessment that evaluates the historic significance of two different properties. Staff recommends approval of the report’s findings and formal recognition of 167 N. Little Main Street as a local historic resource.

3. RECOMMENDED ACTION
Adopt findings of the cultural resource assessment and include 167 N. Little Main Street in the City of Orange Historic Resources Inventory.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 5: Recognize, promote, and Preserve Orange’s Rich Heritage. a. Expand and strengthen processes and practices related to protection and cultural resources.

6. DISCUSSION AND BACKGROUND
The property owner requested recognition of 167 N. Little Main Street as a historic resource in anticipation of applying for a Mills Act Contract.

Issue 1: Determination of Historic Status
In July 2021, IS Architecture conducted a Determination of Eligibility for a single-family residence built in 1923 at 167 N. Little Main Street to determine if the property is a historic resource that meets established criteria for State or National Significance.

IS Architecture conducted an intensive-level field survey to evaluate the home and consulted a comprehensive list of research and archival materials, including historic aerials, California State Archives, the National Register, historic newspapers, and local library research, to determine the potential significance of the property. IS Architecture evaluated the resource’s significance under the National Register of Historic Places (NRHP) and California Register of Historical Resources (CRHR) criteria A/1-D/4. The firm also prepared a draft State of California Department of Parks and City of Orange Page 1 of 2 Printed on 11/10/2022
powered by Legistar™602
Item #: 3.30. 11/15/2022 File #: 22-0667
criteria A/1-D/4. The firm also prepared a draft State of California Department of Parks and Recreation Historic Resource Survey Form (DPR form) pending City Council’s approval.

The property assessment finds that the Tudor Revival Style Home was one of the first homes built in the Mission Gardens tract and sold to William and Elsie Hart in January of 1924, who were among Orange’s founding fathers. In 1928, the property was sold to Walter Smith, who rented the house to Casey (C.C.) and Cecil Bonebrake. Mr. Bonebrake was the city planner for both the Cities of Santa Ana and Orange. His signature can be found on the original tract drawings for the Mission Gardens as the City Engineer. In 1938, the owner of Orange Pharmacy, Elmer Swift, purchased the property.

IS Architecture developed and used the following historic contexts to determine the eligibility of the property:
· Growth and westward expansion of the City of Orange
· The business development of Orange
· Residential styles of Orange
· The Mission Gardens subdivision development
· The Batchelder Tile Company
Their research confirmed that 167 N. Little Main Street is significant at the local level of the National Register of Historic Places under the following Criteria:
· Criteria A/1: under the theme of community planning and social history for its association with the westward expansion of the City of Orange and for its association with prominent businessmen of Orange, including William O. Hart.
· Criteria C/3: Under the theme of architecture for its rare and intact Tudor Revival style within the City of Orange.

The complete Determination of Historic Eligibility prepared by IS Architecture is attached to this report.

7. ATTACHMENTS
· 167 North Little Main Street Determination of Historic Eligibility (with DPR form) City of Orange Page 2 of 2 Printed on 11/10/2022
powered by Legistar™603
Agenda Item
City Council
Item #: 3.30. 11/15/2022 File #: 22-0667
TO: Honorable Mayor and Members of the City Council
FROM: Jeffrey S. Adams, Interim Community Development Director

1. SUBJECT
Addition of 167 N. Little Main Street to the City of Orange Historic Resources Inventory.

2. SUMMARY
A request to include a single-family residence located outside of a historic district in the City of Orange Historic Resources Inventory. The Community Development Department’s Historic Preservation Program has received an intensive-level cultural resource assessment that evaluates the historic significance of two different properties. Staff recommends approval of the report’s findings and formal recognition of 167 N. Little Main Street as a local historic resource.

3. RECOMMENDED ACTION
Adopt findings of the cultural resource assessment and include 167 N. Little Main Street in the City of Orange Historic Resources Inventory.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 5: Recognize, promote, and Preserve Orange’s Rich Heritage. a. Expand and strengthen processes and practices related to protection and cultural resources.

6. DISCUSSION AND BACKGROUND
The property owner requested recognition of 167 N. Little Main Street as a historic resource in anticipation of applying for a Mills Act Contract.

Issue 1: Determination of Historic Status
In July 2021, IS Architecture conducted a Determination of Eligibility for a single-family residence built in 1923 at 167 N. Little Main Street to determine if the property is a historic resource that meets established criteria for State or National Significance.

IS Architecture conducted an intensive-level field survey to evaluate the home and consulted a comprehensive list of research and archival materials, including historic aerials, California State Archives, the National Register, historic newspapers, and local library research, to determine the potential significance of the property. IS Architecture evaluated the resource’s significance under the National Register of Historic Places (NRHP) and California Register of Historical Resources (CRHR) criteria A/1-D/4. The firm also prepared a draft State of California Department of Parks and City of Orange Page 1 of 2 Printed on 11/10/2022
powered by Legistar™604
Item #: 3.30. 11/15/2022 File #: 22-0667
criteria A/1-D/4. The firm also prepared a draft State of California Department of Parks and Recreation Historic Resource Survey Form (DPR form) pending City Council’s approval.

The property assessment finds that the Tudor Revival Style Home was one of the first homes built in the Mission Gardens tract and sold to William and Elsie Hart in January of 1924, who were among Orange’s founding fathers. In 1928, the property was sold to Walter Smith, who rented the house to Casey (C.C.) and Cecil Bonebrake. Mr. Bonebrake was the city planner for both the Cities of Santa Ana and Orange. His signature can be found on the original tract drawings for the Mission Gardens as the City Engineer. In 1938, the owner of Orange Pharmacy, Elmer Swift, purchased the property.

IS Architecture developed and used the following historic contexts to determine the eligibility of the property:
· Growth and westward expansion of the City of Orange
· The business development of Orange
· Residential styles of Orange
· The Mission Gardens subdivision development
· The Batchelder Tile Company
Their research confirmed that 167 N. Little Main Street is significant at the local level of the National Register of Historic Places under the following Criteria:
· Criteria A/1: under the theme of community planning and social history for its association with the westward expansion of the City of Orange and for its association with prominent businessmen of Orange, including William O. Hart.
· Criteria C/3: Under the theme of architecture for its rare and intact Tudor Revival style within the City of Orange.

The complete Determination of Historic Eligibility prepared by IS Architecture is attached to this report.

7. ATTACHMENTS
· 167 North Little Main Street Determination of Historic Eligibility (with DPR form) City of Orange Page 2 of 2 Printed on 11/10/2022
powered by Legistar™605
167 North Little Main Street
Orange, California
Determination of Historic Eligibility
Prepared by:

IS Architecture
5645 La Jolla Boulevard
San Diego, CA 92026
July 2021
606
167 North Little Main Street- Determination of Eligibility Summary of Findings
This determination of eligibility evaluates the single-family residence at 167 North Little Main Street in the City of Orange, California. The report concludes that 167 North Little Main Street is significant at the local level of the National Register of Historic Places under Criterion A for the themes of community planning and social history. Specifically for community planning for being associated with the westward expansion of the City of Orange, and for social history for being associated with prominent businessmen of Orange, including William O. Hart. The property is also significant at the local level of significance under the themes of architecture under Criterion C for its rate and intact Tudor Revival architecture within the City of Orange.
607
167 North Little Main Street- Determination of Eligibility Table of Contents
Summary of Findings........................................................................................................................................2 Table of Contents..............................................................................................................................................3 List of Figures..............................................................................................Error! Bookmark not defined.

List of Tables...............................................................................................Error! Bookmark not defined.

1. Project Description .......................................................................................................................................4

2. Research Methods .........................................................................................................................................4

3. Resource Description....................................................................................................................................4

4. Historical Overview and Thematic Contexts............................................................................................8

5. Resource Significance and Character-Defining Features.......................................................................16 National Register of Historic Places (NRHP) Criteria ..........................................................................16 California Register of Historical Resources (CRHR) Criteria...............................................................17

5.1 Resource Eligibility ..............................................................................................................................17

5.1.4 Criteria Considerations.................................................................................................................20

5.1.5 Integrity of the Resource..............................................................................................................20

6.3 Eligibility Summary...............................................................................................................................22

7. Findings and Conclusions ..........................................................................................................................23 Appendix A- Bibliography.........................................................................Error! Bookmark not defined.

Appendix B- Preparer’s Qualifications....................................................Error! Bookmark not defined.

Appendix C- Supplemental Attachments................................................Error! Bookmark not defined.

Appendix D- DPR Forms.........................................................................Error! Bookmark not defined. 608
DPR 523 (1/95) *Required information

1. Project Description
IS Architecture conducted a Determination of Eligibility (DOE) for a single-family residence located at 167 North Little Main Street, Orange, Orange County, California. This assessment included archival research, a field survey, and this report. The subject property is developed with a single-family residence and a detached garage.

The report aims to determine and provide documentation to the City of Orange, whether the resource rises to a level of State or National Significance. IS Architecture conducted historical background research and carried out an intensive-level field survey to identify and evaluate the home.

2. Research Methods
This report was prepared by Kelsey Kaline, Historic Preservation Specialist at IS Architecture. Report support and supervision were provided by Ione Stiegler, FAIA, and Principal Architect at IS Architecture. Both Ms. Kaline and Ms. Stiegler exceed the Secretary of the Interior's Standards for Architectural History.

The report was compiled through a mixture of background research on the property and its surroundings and a site visit completed in March of 2021. This research included background and resource-specific research done through a review of previous studies and archival research focused upon the location of the resource and its occupants. The most relevant sources are listed below, and a comprehensive list of materials consulted is provided in Appendix A.

Archival research was undertaken utilizing resources from the following locations:
- Genealogy Bank (historic newspapers)
- www.historicaerials.com (historic aerial photography) - National Register of Historic Places database
- California State Archives (Sacramento, CA)
- City of Orange Public Library
o Online Photo Archives
o In-person research at the Local History Collection
Research also included the recognized sources of information about historical resources in California. IS Architecture reviewed the NRHP and the Office of Historic 'Preservation's (OHP) California Inventory of Historic Resources and California Historical Landmarks to identify any other resources located near the subject property.

The completed research supports the identification of the following themes:
• Growth and Westward Expansion of the City of Orange
• The Business Development of Orange
• The Mission Gardens Subdivision Development
• Residential Styles of Orange
• The Batchelder Tile Company
609
167 North Little Main Street- Determination of Eligibility DPR 523 (1/95) *Required information

3. Resource Description
Address: 167 North Little Main Street, Orange CA 92868
Owner: Michael Knight, Jerrica Knight
APN: 039-041-03
Year Built: 1923-24
Sq Ft: 1,666 sq ft
Lat/Long: 33.78914, -117.86622
Legal Description:

Lot 7, Tract 515, Mission Gardens, in the City of Orange, County of Orange, State of California, as per map recorded in Book 18, Page 19 of Miscellaneous Maps, in the Office of the Recorder of Said County.

Summary of Construction:

The resource property was constructed in the "Old-English" style now known as Tudor Revival style between 1923-1924 and was one of the first homes built in the Mission Gardens tract.1 No exact date was recorded or discovered though tax assessor records indicate it was constructed by the end of 1924. Newspaper articles indicate that a fire damaged a portion of the interior in July of 1924. The damage was repaired and did not affect the exterior of the home. The home features a clipped gable roofline and focal arched windows and has a front entry courtyard.

An original detached garage is located on the property.

Undated Changes:

At some point during the home's history, the front door was moved. The original front door can still be read as a historic opening through the use of a full-length window and side-lites.

A second-story rear addition was completed, most likely post 1970s. The addition is a partially projecting, partial width, second story addition on the rear. The siding and window types are differentiated from the rest of the historic fabric. The addition is not visible from any public right-of-way.

Ownership History:

The house was constructed in 1923. The home was sold to William and Elsie Hart in January of 1924. One of 'Orange's founding fathers, 167 North Little Main Street, was the first home William owned in Orange. In 1928, the home was sold to Walter Smith, who rented it to CC Bonebrake, the City Planner for Orange. He and his family lived there for eight years and regularly made the society pages, including his daughter's wedding at the home in 1933. The home was sold in 1938 to Elmer Swift, owner of the Orange Pharmacy. He and his young family lived at the resource property for six years before selling the home. The Schroeder family purchased the 1 “Old English” is referenced in advertisements for the resource, along with other City of Orange documentation. 610
167 North Little Main Street- Determination of Eligibility DPR 523 (1/95) *Required information
home and lived there for eight years before selling to the Manells. The Manells kept the home in the family for over 50 years.

1. 1923-1928: William and Elsie Hart

2. 1929-1937: Occupants: Casey and Cecil Bonebrake

3. 1938-1944: Elmer and Blenda Swift

4. 1945-1953: Carl and Lydia Schroeder

5. 1954-1965+: Melvin and Georgia Manell
Architectural Description:
167 North Little Main was built in 1923 in the Tudor Revival architectural style. Located in the Mission Gardens Subdivision of Orange, California, this 1,666 square foot, 1 ½ story, single-family house faces west on a 6,050 square foot, rectangular lot. The lot is bound on the west by Little Main Street and residential lots to the north, south, and east. Little Main Street runs north to south from West Chapman university, north until it intersects with North Main Street at the intersection of West Maple Avenue.

North Little Main Street is a residential street lined with mature trees and public sidewalks and dual-sided street parking. The surrounding neighborhood has similarly scaled, single-family residences in a variety of styles.

The building construction is a standard wood frame on a concrete foundation with a stucco siding finish. Overall, the condition is very good. The house demonstrates many character-defining features of the Tudor Revival style, including a two-story stucco-clad structure, a prominent front gable, a steeply pitched cross-gable main roof, along with clipped gable ends. There are decorative trim elements, elaborate arched windows, and a prominent stucco chimney.

The front of the house faces west towards North Little Main, with a public sidewalk, curb, and gutter. From the public sidewalk, a gate provides egress onto the property. A Hollywood-style concrete driveway leads to the south of the house. A wide front lawn consists of a mature orange tree and planting areas. A low stucco patio wall with two curved steps and a wooden rail detail surrounds the front patio. The front patio is accessed via a curved concrete step.
167 North Little Main comprises numerous key Tudor Revival features: a steeply pitched side-gable main roof with clipped gable end, shingled roof, painted bargeboards, and fine-sand finish stucco. A detached garage with a clipped gable roof is located to the southeast of the house accessed by the Hollywood-style driveway. The garage features a wood-paneled sliding garage door on the west elevation. The north elevation features a door and double-hung window.

West (Main) Elevation
The western elevation of the dwelling faces Little Main Street with a cross-gabled roof. The front of the gable is clipped. The main entrance is accessed via the front patio surrounded by stucco walls. A curved concrete step leads to the concrete patio. The patio is set into the ""L"" of the 'dwelling's cross-gabled structure. A stucco chimney is located near the intersection of the gables and is visible projecting from the roofline. The dwelling has a fine-sand 611
167 North Little Main Street- Determination of Eligibility DPR 523 (1/95) *Required information
stucco finish and a projecting roofline. The elevation visually consists of three bays, the northern gable end, the central side gable, and the projecting south bay.

The northernmost bay is the focal point of the elevation with a prominent clipped gable roof, dormer vent, and tripartite, divided lite, arched wooden windows with putty glazing. The windows have painted trim. The main entrance is located on the south side of the front gable end. The front door consists of a solid wood door with speakeasy and art deco style metal hardware, a metal security door, and 5-light divided wooden sidelights. A metal light fixture is affixed to the west of the sidelights.

The southern bay projects aproximately five feet from the main wall of the side gable facade. Two 6-lite, wooden casement windows are located on the west end of the projection. A single six-lite, wooden casement window is located on either side of the projection (north, south). The windows have painted wooden trim.

North Elevation
The north elevation is the clipped gable end of the crossed gable roofline. It is composed of fine sand finish stucco.

The side of the projecting front gable has a 10 lite, wooden casement window with protruding sill.

The elevation is dominated by four original, double-hung, six-over-one lite, wood windows. All the windows have wood sills, wood sashes and lugs, and exterior wooden stops.

East (Rear) Elevation
The long side-gable elevation visually dominates the rear elevation. The clipped gables on the north and south elevations are visible. A projecting wooden framed shed porch roof extends from the first level.

The second level of the elevation features two dormers. The southern dormer extends from the second level and features two wooden, six-lite awning windows. The dormer has thin wood siding. The northern dormer was an addition. It protrudes further than the previous bay and features three single lite wooden windows. The dormer features a slight pitch, at less of an angle than the other dormer. A single-lite window is also located on the south elevation of the dormer.

The first level has mirrored bays. The south bay has a wooden 8-lite casement window with protruding sill.

Centered in the bay is a wooden door with an 8-lite inset and modern security hardware. A single concrete step and pad lead to the door. A square 9-lite casement window with protruding sill is located directly north of this.

The second bay is a mirror of this, featuring the square 9-lite casement, then the door, and the larger rectangular casement window.

South Elevation
The concrete Hollywood style driveway flanks the south elevation of the home. The south elevation is the clipped gable end of the primary cross gable of the 'home's massing. The south elevation features a centered second-story window opening consisting of two, wooden, double-hung, 6-over-1 windows with decorative lugs and sill. An attic vent is located above these windows. Two larger vertical, louvered vents are located to each side of the secondstory window between the first and second-story levels.

The first level of the south elevation is split into three bays that are split by the central side entrance. The first bay, located to the west, has a single 6-lite, wooden casement window with sill. This window is set into the slope of the 612
167 North Little Main Street- Determination of Eligibility DPR 523 (1/95) *Required information
gable. The second bay features a set of two, wooden, four-over-1, double-hung windows with decorative lugs and sill. A metal security light hangs centered over the central side door, a wooden door with a louvered panel. The third bay features two sets of dual, wooden, 6-lite casement windows. The modern utility box and metal pipes are also located on this façade.

Site Features:

The front of the property is partially obscured by a hedge wall and a mechanized, wood and iron, gate that provides egress to the driveway. A wide front yard spans the full length of the property. A mature orange tree is located to the north of the main focal windows. The dwelling transitions from interior to exterior space with an exterior concrete flooring. The rear garden features a large grass area.

A detached two garage sits on the southwest corner of the property. The structure features a clipped gable roof with asphalt shingles and stucco siding. The garage doors are sliding wood paneled doors. A security light is secured to the center of the west elevation of the garage. The north elevation of the garage features a wood door with painted trim, and a double-hung wooden window with decorative lugs and painted trim.

The home features a Batchelder Tile Company fireplace. The tile pattern uses a variety of muted colors with geometric patterns. An inset center panel features birds and a floral pattern.

4. Historical Overview and Thematic Contexts
This overview begins with a general, but brief, historical introduction, then narrows to a discussion of topics directly related to the typology and design of the resources being evaluated. Please refer to Section 5 for a discussion of the conclusions of this report.

The following historic contexts were developed and used during the determination of this property:
• Growth and Westward Expansion of the City of Orange
• The Business Development of Orange
• Residential Styles of Orange
• The Mission Gardens Subdivision Development
• The Batchelder Tile Company
The history and development of Orange are well‐documented, and several good summaries of its history have been prepared and are readily available. The following narrative contains consolidated sections of a history authored by notable local/regional historian Phil Brigandi for the Orange Public Library (2011). To read it in its entirety and with accompanying photographs, visit http://www.cityoforange.org/938/Introduction.

4.1 Growth and Westward Expansion of the City of Orange The City of Orange was founded in 1871 on a portion of the old Rancho Santiago de Santa Ana. For generations, the land had been a cattle ranch, owned by the Yorba and Peralta families. In 1868, the rancho was divided among the many heirs and claimants, and towns and farms began to appear.

Two Los Angeles attorneys, Alfred Chapman and Andrews Glassell, bought up thousands of acres in the area, and received additional land in return for legal services during the partition of the rancho. In 1870, Chapman had his 613
167 North Little Main Street- Determination of Eligibility DPR 523 (1/95) *Required information
lands subdivided and began construction of an irrigation ditch down from the Santa Ana River. In 1871, a townsite was laid out. Since it was going to be a farming community, the new town was named Richland. Chapman and Glassell were busy with their law practice, so 'Glassell's brother, Captain William T. Glassell, was sent down to serve as tract agent. He surveyed the townsite, supervised work on the irrigation ditch, planted crops, and advertised and sold land.

The original townsite was just eight city blocks, stretching from Almond to Maple avenues, between Grand and Lemon streets, with a public plaza in the center. Around the townsite were 10-acre farm lots. In 1872 a school district was formed. 1873 saw the first general store, the first church (now the First United Methodist Church of Orange), and a post office. The citrus industry was only in its infancy in those days, but the name fit well with Southern 'California's image, and even then, there was already talk of creating a separate Orange County. At the time, the big crops in the area were grain and raisin grapes. The first orange grove here was planted around 1873, and the first local packing house opened in 1881.

The Southern Pacific built the first railroad through the area in 1877 but missed Orange by several miles. In 1887, the Santa Fe arrived, touching off a frantic real estate boom. Farmland was subdivided into residential lots, and several new towns were laid out around Orange. El Modena and Olive survived, but St. James and McPherson soon faded.

A circular park was laid out in the center of the Plaza Square to beautify the town, and the women raised the money for an elegant fountain (now located outside the Orange Public Library & History Center). In 1888, the City of Orange was incorporated, with a population of about 1,500. A year later, Orange County was formed out of the southern end of Los Angeles County. But by then, the real estate boom was winding down, and making matters worse, a blight destroyed many of the local vineyards.

It was only then that oranges began to dominate the local economy. The railroads allowed fresh fruit to be shipped throughout the country. Local growers banded together to form cooperative packing houses, and the cooperatives formed the Southern California Fruit Exchange (now known as Sunkist Growers) to market their crop. By the 1920s, about a third of 'Orange's labor force worked in the citrus industry, and there were a dozen packing houses in the area. The Santiago Orange Growers Association was the largest Valencia packing house in the world then.

Their old packing house was later taken over by Villa Park Orchards and operated until 2006 – the last citrus packing house to close in Orange County.

Downtown Orange still reflects the success of the citrus industry in the early 1900s. Many of the business blocks around the Plaza were built between 1905 and 1930. There are also more than 1,400 pre-1940 homes in Orange, representing a wealth of architectural styles from Victorian to Streamline Moderne. Much of old downtown Orange is now listed on the National Register of Historic Places. The Depression of the 1930s, and the world war that followed, brought many challenges to Orange. The community struggled to take care of its own until Federal relief programs began. Government work programs such as the WPA also built several projects in town, including much of the original construction at the Orange City Park (now W.O. Hart Park). During World War II, hundreds of young men and women served in the Armed Forces, while hundreds more worked in manufacturing plants, purchased war bonds, and saved stamps to support the war effort.

After the war, Southern 'California's population began to surge. It took a few years for the growth to reach Orange.

The first large-scale subdivision (98 homes) was built in 1950. The first freeway (SR 55) came through town in 1962. Between 1950 and 1970, 'Orange's population jumped from 10,000 to 77,000. 614
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4.2 The Development of Orange
Where denoted, the following information was informed by the City of Orange Historic Context Statement compiled by Chattel Preservation Planning.

The City of Orange was centered around what is now called Old Towne Orange through the early 1920s.

Early Settlement (circa 1870 –1920)
When the Rancho Santiago de Santa Ana was subdivided in the late 1860s, a Los Angeles lawyer, Alfred B.

Chapman, represented several parties in the partition suit. He took about four thousand acres as payment for his fees. From this acreage, farm lots, ranging in size from ten to forty acres, were first surveyed in the fall of 1870 and divided in 1871, under the supervision of lawyer William T. Glassell. Eight lots in the center of newly subdivided blocks of land were set aside for use as a public square, now known as Plaza Square, or simply ""the Plaza"." This square was bounded by Walnut Street (now named Maple Avenue) to the north, Grape Street (now called Grand Street) to the east, Almond Street to the south, and Lemon Street to the west. The two main streets, which intersected at the public square, were named Chapman Avenue (running east-west) and Glassell Street (northsouth).

Like most Southern California communities, Orange was strongly affected by the Great Boom of the 1880s, when new settlers flocked to the state. The cross-country expansion of the railroad system and its inexpensive fares made the balmy climate in southern California even more attractive and accessible to Americans nationwide. New settlers arrived in Orange via the Santa Fe Railroad (later called the Atchison, Topeka & Santa Fe), which entered the City about four blocks west of the Plaza (currently the site of Depot Park/Veterans Park) in August 1887. According to one source, ...touched off by the railroad rate war, the boom of the 80s was built mainly on speculation.

Landowners subdivided their ranches to sell individual lots, which speculators often bought. In and around Orange, dozens of new subdivisions and four new townsites were laid out in 1886-1887. Promotional literature was sent out across the country extolling the virtues of Orange and its environs. Orange did its best to appear attractive, progressive, and promising to prospective buyers"." Two horse-drawn streetcar systems provided Transportation between neighboring communities: the Orange, McPherson & Modena and the Santa Ana, Orange & Tustin lines.

Growing Up (1900-1920)
Orange's economy expanded rapidly in the early 20th Century, and downtown grew with it. Most of the landmark buildings around the Plaza were built during this period, and residential construction increased, spreading further and further out from the center of town. Instead of single-store buildings, downtown businessmen and investors built "blocks" of connected storefronts, with the upper floors often reserved for apartments or meeting rooms.

Among the major buildings that survive from this era are the Edwards Block and Cuddeback Building (both 1905), the Ainsworth Block (1907), which incorporated the 1888 Armor Building, the Ehlen and Grote Block (1908), Campbell's Opera House (1912), the Smith and Grote Building (1914), and the Kogler-Franzen Block (1916).

As downtown Orange grew up, residents no longer needed to go to Santa Ana or Anaheim for significant shopping.

Saturday nights, the streets around the Plaza would be crowded with people, doing their shopping for the week. 615
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Growing Out (1920–1950)
After World War I, businesses began moving further and further west from downtown. State Highway 101 came down West Chapman as far as Main Street, before turning south toward Santa Ana. A little business district developed at the corner. Since it was midway between Orange and Santa Ana, it was dubbed ""Orana"." Orange also began to develop an industrial strip along either side of the Santa Fe railroad tracks. Local packing houses had always been close to the railroad, but now they were joined by several manufacturing plants, most notably Anaconda Wire & Cable.

In the late 1920s, 'Orange's first Planning Commission proposed that all of downtown should be done over in the then‐popular Mission Revival style. The buildings on the south side of the first block of East Chapman Avenue were remodeled in that style in 1928, complete with red tile and stucco arches, but the coming of the Depression put an end to that project.

Residential development continued in the downtown area. New homes were built, filling in the vacant lots on many blocks, and the last few downtown subdivisions were laid out in the 1920s

4.3 Residential Development and Styles of Orange
The development of Orange's early residential neighborhoods mirrored the growth of downtown in many ways.

The earliest homes in Orange were built on the original eight-block town site or were scattered across the outlying farm lots. It was not until the mid-1880s that the farm lots surrounding the townsite began to be subdivided for residential development. During the brief real estate "boom" of 1886-88, more than a dozen subdivisions were laid out downtown, but many of the lots were simply held for speculation, and when the boom died down, returned to agricultural use.

It was not until after 1900, when the citrus industry began to drive the local economy, that the downtown neighborhoods began to fill out. New tracts were subdivided, and old 1880s lots re-surveyed. Homes began appearing further and further from the Plaza, especially to the east, and to the south, where the new Nutwood Place tract near the Santiago Creek (1906) became a desirable place to live.

By the mid-1920s, almost all the land we now think of as Old Towne Orange had been subdivided, and residential neighborhoods were growing up more and more to the west, towards Main Street. Neighborhoods began to fill in, creating interesting assortment of styles on a single block. A two-story Victorian farmhouse on the corner might be surrounded by a mix of Bungalows and Mediterranean style homes, with a few Classical Revivals, or perhaps a Tudor-style home tossed in here and there. As late as the 1970s, new homes were still being built on the few remaining vacant lots downtown.

Orange's historic residential districts reflect the economic life of the community. The area was very middle class, with individual ranchers working 10-20 acres, and local businessmen making up the backbone of the local economy.

So instead of a few grand mansions, Orange has block after block of middle-class homes. More than 1,200 pre1940 homes still survive in the downtown area. 616
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Tudor Revival Style Architecture for Residences
Tudor style architecture was a dominant style in many suburban neighborhoods during the early twentieth century.

It was particularly popular during the 1920s and early 1930s, but fell out of fashion by the late 1930s. Early Tudor style houses from the late nineteenth century tended to be high styled and architect designed, but in the early twentieth century these high-style designs became more muted with steep gables and half-timbering. These early models tended to have walls clad in stucco, weatherboard or shingles rather than customary solid masonry. From the 1920s and 1930s, brick veneering techniques became widely used and allowed for even the most modest Tudor houses to mimic the masonry exteriors found on English prototypes.

Residential Styles of Orange
In the days before tract homes, residential architecture in Orange and broader southern California showed great variety. Here are some broad categories; most had many variations and styles. Some homes combine elements from various styles, a reflection of the owner's tastes, or the builder's whims. Part of what gives these homes their charm is their individuality.

Settlement (Mostly Before 1910)
Simple in form and detail, these were some of the earliest homes in Orange. The smaller homes were often built with vertical board and batten walls. Sometimes there was a porch. Larger, two-story farmhouses might have a few Victorian details and clapboard siding. Most originally stood alone among orchards and fields.

Victorian (Popular, 1870-1900)
Known for their picturesque woodwork, steep rooflines, and ornate details, several Victorian styles were popular here, including Eastlake, with its tall, vertical lines, and especially the Queen Anne, with its many decorative elements. Victorians demonstrated the increasing prosperity of the community. Many were large, but the style could also be adapted to smaller cottages.

Classical Revival (Most Popular, 1900-1910)
With their flowing lines, and columns borrowed from ancient Greek architecture, these homes became popular with the start of the new century. Many in Orange can be found on corners, with their curved porches wrapping around two sides. But they were soon passed in popularity by the Bungalow.

Bungalow (Most Popular, 1910-1920)
The first true California style, Bungalows grew out of the Arts and Crafts movement of the early 20th Century.

The emphasis was on natural materials, simple woodwork, and sometimes stone pillars or porches. Most bungalows featured horizontal lines, and porches across the front. Inside was more woodwork, with built-in cabinets and hutches. Most were smaller, middle-class homes. Plans, and even pre-cut kits could be bought through mail order houses such as Sears Roebuck and Montgomery Ward.
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Craftsman (Popular in the 1920s and 1930s)
This style shares many of the naturalistic qualities of the Bungalows, but were larger, usually two stories, with expansive eaves and other details. Sometimes shingles replaced clapboards. They also displayed more individuality; there were no kits for Craftsmen home.

Mediterranean (Popular in the 1920s and 1930s)
Another style first popularized in California, the various Mediterranean styles took their inspiration from the state's Spanish and Mexican past. They could range from simple stucco homes accented with a little tile, to grand hillside mansions with glazed brickwork and arches. Some variations were briefly popular in the 1920s, include the flatroofed Pueblo style, and the Prairie style, with its horizontal eaves. The Mediterranean style survives today in a modern form in the stucco and tile of many tract homes.

Period Revivals (Most Popular in the 1920s)
Along with Mediterraneans, a variety of Old World and colonial styles were constructed after World War I. These included Colonial Revival, English Tudor, Cotswald Cottage, Dutch Revival, French Provincial, and whimsical storybook cottages.

4.4 Mission Gardens Subdivision
The Mission Gardens neighborhood, also called the H.M Gail Tract was created in 1923 according to Map No. 25955 filed at the County.

The H.M Gail Tract, otherwise known as Mission Gardens, is Tract No. 515. The owners of the subdivision included Harry M. Gail and Edith M.T Gail, W.E Jewell and his wife Myrtle, along with Walter Herrington and his wife Mary. Although this part of Orange was annexed just prior to its development, it was still sort of ""out on the fringes"" and does not show up in early Sanborn Fire Insurance Maps. In the early years, that area was more closely related to Orana or West Orange communities than with the City of Orange proper. The subdividers speculated that the community of Orange would necessitate development westward to accommodate growth and subdivided the Mission Gardens tract.

The Mission Gardens subdivision tract, planned for newly annexed land was approved by Orange City Council in July of 1923. By September of 1923, the first lots for sale were announced. Some homes of ""Spanish"" and ""OldEnglish"" styles were to be built on some of the lots by the subdivider. In October of 1923, the tract map (seen above) was filed with the County of Orange. Assessment records for 1923 do not provide conclusive evidence as to whether the first house was constructed by the end of that year.

Reportedly, 167 North Little Main was the first house constructed within the tract. On January 16, 1924, M.E Jewell sold Lots 1-14 to Harry M. & Edith Gail. Gail, who was involved in the regional real estate industry, would go on to become the main promoter of lot sales. (Deeds 505/130). Marketing for the subdivision promoted ""home site beautiful lots and attractive homes"" (Orange Daily News, 1923). The tract offices were advertised was being ""always open"" with Ray Sherwood being the sales manager. By 1925 advertisements for the tract included ""complete with lawn, shrubs, sprinkling system, and double garage"". "To those contemplating buying a New Home, it will pay to investigate the charming home just completed in this choice subdivision at the Western 618
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Gateway of Orange on Chapman avenue…An opportunity, don't wait. Drive out and investigate immediately…Watch Orange Grow West". (Orange Daily News, 1925).

Newspaper articles from 1923 reveal that the original subdivision owners fought to preserve the trees that lined the lots and streets. "’Woodman, spare that tree’ this plea, theoretically, was made before the city council late yesterday afternoon in the matter of laying sidewalks on ‘Little Main’ in the newly opened Mission Gardens tract, when Harry Gail, who with W.A Jewell, Los Angeles, is opening the subdivision, appeared before the city in an effort to save a row of beautiful walnut trees bordering the tract. A fight to win the ability to keep the trees for his tract was waged by the local subdivider who plans to utilize their overspreading grandeur to enhance the beauty of the homesites”- Orange Daily News. 1927 saw a newspaper article claiming that the Mission Gardens lots had “future profits assured in Orange’s new line of development”.

Correspondence with the Orange County Tax Assessor’s office revealed the following information about the lot on record with the County:

Lot History:
• 1924 Jan 16 -- Harry M. & Edith Gail sell Lot 7 to W.O. & Elsie M. Hart (Deeds 505/131) • 1924 Jul—A fire partially damages the interior of the home. • 1924 Dec -- Assessment records show that the house is already on the property. ($1750 improvement) (OCA 1924 12/211)
• 1925 -- W. O. Hart lives at this address (Then called 167 N. Main) • 1927 Dec 22 -- Hart sells to [Walter G. &] Clara M. Smith (OR 118/139) • 1928-1930 -- C. C. Bonebrake gives this as his address. • 1938 Apr 21 -- Smith sells to Elmer N. & Blenda J. Swift (OR 936/256) • 1939 Feb 24 -- Alice K. Whitsell files a notice (OR 983/195) • 1944 Mar 29 -- Elmer N. Swift sells his interest in the property to Blenda J. Swift (OR 1241/357) • 1945 Nov 29 -- Blenda J. (Swift) McNamara sells to Kirschner & Elsie De Loge (OR 1372/130) • 1946 Sept 3 -- De Loge sells to Carl E. & Lydia C. Schroeder (OR 1447/303) [Undoubtedly an investment property, as the Schroeders did not live there] • 1953 Dec 15 -- Schroeder sells to Melvin & Georgia L. Manell (OR 2633/~275) • 1965 Apr 12 -- The Manells still own the property.
• 1977 May 9 -- Melvin Manell sells his interest in the lot to Georgia L. Manell (OR 12194/109) • 1981 Jan 1 -- Georgia Manell still seems to own the lot. • 1997 Feb 27 -- Judith Butler and possibly Sunny Woodard give this as their address. • 2014 Aug 14 -- Sold.
• 2018 Nov 16 -- Sold.

4.5 Batchelder Tile Company
Ernest Allan Batchelder was born in Francistown, New Hampshire in 1876. After the death of his mother in his childhood, he was sent to live with his uncle in the small industrial City of Nashua. His uncle was a carpenter and school him in the art of craftsmanship. When he reached college age, Ernest raised enough money to enter the 619
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Massachusetts Normal Art Institute in Boston, where he studied to become a teacher of drawing and manual training in the public schools.

After graduation in 1899, Batchelder was employed in the Boston area and, in 1901, was picked by Denman W.

Ross, a professor of art at Harvard, to be an instructor in Ross’s Harvard Summer School of Design. Ross was an enormous influence on Batchelder’s intellectual development and seemed to have stimulated his ambition, for that same year, he moved to California, eventually settling in Pasadena, where he got a job at the Throop Polytechnic Institute teaching design and manual training.

During his eight years at Throop, Batchelder established his reputation in the field of Arts and Crafts. Always ambitious, he looked to activities that would promote his interests outside the confines of Southern California.

Concerned that the Arts and Crafts movement in the southwestern United States was not going to be represented at the Louisiana Purchase Exposition in St. Louis in 1904 he organized an exhibit of the work of California and Native American craftsmen. He also broadened his knowledge of the work of British and European craftsman by going on two European tours. IN the summers he was a mainstay of the summer school of the Handicraft Guild in Minneapolis and at the same time began writing articles for Gustav Stickley’s The Craftsman and for other journals. This writing formed the background for two books, The Principles of Design (1908), and Design in Theory and Practice (1910), both of which were based on the “pure design” theory of Denman Ross. In 1909 he bought property on Pasadena’s Arroyo Seco and built a house and studio where he and a few students from Throop would found a school of handicrafts.

As early as 1910, the school became a shop to produce decorative tile. Precisely what made Batchelder turn from general manual training to a specialization in tiles is not known. His only avowed source of inspiration was Henry Mercer’s Moravian tile, although he never adopted Mercer’s high glazes or his sometimes-bizarre ornament.

Batchelder chose more subtle, controlled imagery.

Batchelder’s own decorative vocabulary often involved designs based on the illustrations in his two books- Viking ships, medieval castles, musicians, paired birds, and abstractions. The tiles were cast into key molds from which production molds were made. In the early years, the clay was hand-pressed into the molds and then air-dried. Some were bisque-fired then hand-colored and refired. Others were colored first and then fired. These were the trademark Batchelder tiles with the characteristic’s matte or engobe finish, the understated look appropriate for Craftsman architecture.

After 1920 with the coming of the Spanish Revival and the change in taste, Batchelder’s color palette would pick up with the use of glazes and bright colors, largely due to the expertise of Ivan Branham, a graduate in ceramic engineering from the University of Illinois, whom he employed in 1922. Batchelder also liked Branham’s ventures in Spanish-Moresque designs and Mayan glyphs; he even added Art Deco tiles to Batchelder’s inventory.

There were other hands besides Branham’s in the design of the tiles- almost from the beginning. For example, one of his early students, Anne Harnett, was chiefly responsible for the wonderful panels of scenes from Holland that were once the pride of the Dutch Chocolate Shop (1914) on Sixth Street in downtown Los Angeles. Undoubtedly there were others.

In the early years of his tile making, Batchelder bought bags of already mixed clay. Later his chief source was in the Alberhill-Corona area of Southern California. In the twenties he bought raw materials from the Lincoln Clay Products Company in Placer County and a small amount from Santa Monica. Bentonite came from near Amboy 620
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in San Bernardino County. Probably the finest display of Batchelder’s tiles is in the lobby of the Fine Arts Building (1925) on Seventh Street in Downtown Los Angeles, but there are many competitors for this title. His largest commission was for the interior of the chapel at the College of St. Catherine’s (1923) in St. Paul, Minnesota. Indeed, Batchelder’s popularity extended far beyond Southern California. His fountains, fireplaces, bathrooms, swimming pools, and other installations can be found across the United States.

Batchelder never developed a strong talent for business. Presumably, that is why he took on Frederick L. Brown in 1912 and Lucian H. Wilson in 1920 as partners. Since Batchelder’s factory records have never been found, we do not really know what their duties were, but they seem not to have had any part in the design process or in the actual production of the tiles.

After his business failed in 1932, Batchelder applied himself to many civic duties in Pasadena. In 1938, as the Depression was ebbing, Batchelder, under the influence of a former employee, William Manker, turned to the making of slip-cast ware. Although successful at this totally different ceramic enterprise, Batchelder’s greatest accomplishments were in tile making. He designed and produced vast amounts of tiles, employing at the height of production, almost 175 workers. The tiles value lies in the fact that they brought beauty to so many American houses and institutions.

5. Resource Significance and Character-Defining Features The City of Orange has criteria for evaluating historic districts, but not for evaluating individual resources, such as the resource property. While there is potential for this resource to contribute to a Mission Gardens Historic District if the City deems that feasible in the future, this report focuses on the individual significance of the property. Therefore, no further consideration of the City’s criteria is provided in this report.

To establish the significance of the home, the National Register of Historic Places, and California Register of Historical Resources criteria can be applied.

National Register of Historic Places (NRHP) Criteria
The quality of significance in American history, architecture, archaeology, and culture is present in districts, sites, buildings, structures, and objects that possess at least one of the following:

A. that are associated with events that have made a significant contribution to the broad patterns of our history; or
B. that are associated with the lives of persons significant in our past; or C. that embody the distinctive characteristics of a type, period, or method of construction or that represent the work of a master or that possess high artistic values or that represent a significant and distinguishable entity whose components may lack individual distinction; or D. that have yielded, or may be likely to yield, information important in prehistory or history.

National Register District Considerations
A district possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development. • A district derives its importance from being a unified entity, even though it is often composed of a wide variety of resources. The identity of a distinct results from the interrelationship of its resources, which can convey a visual sense of the overall historic environment or be an arrangement of historically or functionally related properties. For example, a distinct can reflect one principal activity, such as a mill or a 621
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ranch, or it can encompass several interrelated activities, such as an area that includes industrial, residential, or commercial buildings, sites, structures, or objects. A district can also be a grouping of archeological sites related primarily by their common components; these types of districts often will not visually represent a specific historic environment
California Register of Historical Resources (CRHR) Criteria

1. Associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States.

2. Associated with the lives of persons important to local, California or national history.

3. Embodies the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values.

4. Has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California or the nation.

For the purposes of this report, the evaluation of significance under NRHP and CRHR are combined. This is denoted as A/1, B/2, C/3, and D/4.

The question of integrity is another factor that must be addressed when determining the eligibility of a resource for listing in a historic register. The Secretary of the Interior describes integrity as “the ability of a property to convey its significance.” A property must retain certain intact physical features in order to convey its significance under one or more of the applicable criteria.

Integrity is judged on seven aspects; location, design, setting, workmanship, materials, feeling, and association. If a particular resource meets one of the A/1 through D/4 criteria and retains sufficient integrity to convey its historic significance, it is considered as an eligible “historic property” for listing in the NRHP/CRHR. Additionally, unless exceptionally significant, a property must be at least 50 years old to be eligible for listing.

5.1 Resource Eligibility
The following is a summary of the significance and integrity of the home, for evaluation. Further, see the appended DPR 523 forms (Appendix C).

5.1.1 Significance Evaluation
The resource was evaluated under the NRHP/CRHR significance criteria A/1–D/4/ as follows:

Criterion A/1: Associated with events that have made a significant contribution to the broad patterns of our history.

Criterion B/2: Associated with the lives of significant persons in our past Criterion C/3: Embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction.

Criterion D/4: Have yielded or may be likely to yield information important in history or prehistory. 622
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In summary, the resource property consists of a single parcel developed in 1923-1924 with a single-family residence in the Tudor-revival style. The property was one of, if not the first, property developed in the new Mission Gardens subdivision, which was a speculative development west of developed Orange at the time. The first owner of the resource property was William O. Hart, notable Orange citizen and newspaper magnet. Future owners C.C Bonebrake and Elmer Swift were also noteworthy business owners in Orange.

Criterion A/1: Historic Contexts: Growth of Orange, Mission Gardens, Orange Business Development (William O. Hart, CC Bonebrake, Elmer Swift).

Under Criterion A/1, this building was constructed in the early part of the 20th century during the transition between “growing up” and “growing out”. After World War I, businesses began moving further and further west from downtown. State Highway 101 came down West Chapman as far as Main Street, before turning south towards Santa Ana. This corner is where subdivision developers focused their Mission Gardens neighborhood at.

Since this was midway between Orange and Santa Ana, it was dubbed “Orana”. In the early part of the 20th century, the resource property and surrounding lands were mostly developed with groves. Aerial photography shows that the subdivision was developed on the edge of numerous acres of orange groves. Historic aerial photographs from 1946 show that there was a residence, an outbuilding, and groves in the project area and nearby properties were similarly developed (County of Orange var.). An aerial photograph from 1960 confirm the fast westward expansion of Orange, and also shows that considerable development had taken place on the surrounding properties.

As the first completed house in the Mission Gardens subdivision, this resource is indicative of a historically significant event in Orange, the westward expansion of the original business and residential district. As a residence constructed with a timely style and craftsmanship, draws a link between the early success of businesses in Orange, and the need for westward expansion and growth.

Further, this resource is tied to significant business owners within the City of Orange.

William O. Hart
Born in Iowa, William Ord Hart in 1885, Hart would become one of Orange’s most revered residents. The publisher of the Orange News and the postmaster of the town, Hart arrived in Orange from Berkeley in 1910 and would go on to marry Elsie M. Clough. They would have five children together, all of whom lived in the resource property. Hart purchased the home for 167 North Little Main from Harry Gail, one of the subdivision developers, who had been advertising his Mission Gardens development in Hart’s newspaper. The house was built in 1923 and the family moved in shortly thereafter.

Casey and Cecil Bonebrake
Casey (C.C) Bonebrake and his family moved into the resource property in 1929, but his connection with Little Main goes back to its origins. The city planner for both Santa Ana and Orange, Bonebrake’s signature can be found on the original tract drawings for Mission Gardens as the City Engineer. While CC was an important figure at City Hall, his wife Cecil, was the president of the Women’s Club and active in society events. They raised three children and would see their daughter Margaret get married at the resource property. The family rented the home at 167 North Little Main from Clara and Walter Smith, and a cancelled check found in the resource property attic, shows that in 1930, the cost to rent the home was $35/month.

Elmer Swift
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The owner of Orange Pharmacy, Elmer Swift purchased 167 North Little Main in April 1938 with his wife Blenda. The family appears in the newspapers for minor injuries to their children during their residency.

Orange Pharmacy was originally located at 106 North Glassel Street (extant). 167 North Little Main Street is significant on the local level of significance for its association with the growth of Orange, and for its association with the development of Orange’s business affiliations.

Criterion B/2: Not significant. Although William O. Hart and C.C Bonebrake, along with Elmer Smith were all prominent Orange businessmen, their association falls under Criterion A.

Criterion C/3: Historic Contexts: Residential Development/Styles of Orange, Batchelder Tile Company 167 North Little Main is significant on the local level of significance for its unique and rare Tudor revival style and for its associated craftsmanship as seen through the use of Batchelder tiles.

The subject property at 167 North Little Main is a 1 ½ story single family home constructed in 1923 in the Tudor Revival style and features a front facing gable with wing, one of the subsections of Tudor Revival according to Virginia McAlester.2 The residence features steeply pitched cross-gable roofs; stucco over wood frame construction; a primary focal window; and a concrete foundation. The residence also features a stucco chimney with interior fireplace ornamentation.

The main façade prominently features a prominent front-facing clipped gable that is steeply pitched. The southern façade is dominated by a gable end, also steeply pitched and clipped. The entry porch features a solid wood door. Fenestration of the primary façade consists primarily of arched, wooden frame and sash, divided light windows, along with casement windows. Modifications to the resource are minimal and consist of the replacement of a southern façade entry door, the alteration of location of the front door, and a small dormer addition on the rear façade. There was also the application of a top-coat of fine sand finish stucco across all surfaces in a historically appropriate finish.3
The Tudor Revival style of architecture rose to prominence in the early 20th century. It was a dominant style of domestic building for a wide range of American cities.4 Popular in Orange in the 1920s and 1930s, Tudor Revival architecture is loosely based on a variety of late Medieval English styles and influences, but unlike some English prototypes, Tudor Revival style houses exhibit steeply pitched gable roofs that dominate the facades.

Other character defining features include the use of stucco as well as wood cladding and veneer, along with tall wood windows. Decorative half-timbering is only present in about 1/3 of Tudor examples.5 The style is defined by its decorative use of multiple materials – including brick, stone, and/or stucco – as well as its use of casement windows, irregular massing, and the use of the Tudor arch.6 The style’s flexibility allows for great variation of expression and the individualization of each house’s plan and decor to the builder or owner.7 2 Virginia McAlester, 458
3 Verified through original stucco sample.
4 Mcalester, 454
5 Ibid.
6 Ibid.
7 Ibid. 466.
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In its current appearance, 167 North Little Main features several character defining features that support the Tudor Revival style of architecture. These include two-story stucco-clad structure, a prominent front gable, a steeply pitched cross gable main roof, and the arched focal windows on the front facade. The clipped gable ends are also character defining, along with the arched front perimeter wall. The resource also retains its original wooden windows, including the arched windows that exists on the main façade. According to Virginia McAlester, American Tudor homes commonly use a combination of casement and double-hung windows, and typically had one or more groupings of these wooden or metal windows. Focal windows, such as what is seen on the main elevation of this residence, were a typical elaboration. All of these elements showcase that 167 North Little Main is an good, intact example of Tudor Revival style architecture remaining in the City of Orange.

Criterion D/4: The resource was constructed using common materials and methods for the time. No evidence was found that suggested the property may yield important information in prehistory or history. 167 North Little Main is not significant under Criterion D with the current research and knowledge.

5.1.4 Criteria Considerations
The resource is well over 50 years of age and is a privately owned single-family residence. Therefore, no criteria considerations apply.

5.1.5 Integrity of the Resource
To be eligible for listing under any criteria, a potential historic resource must retain integrity. According to the National Park Service (NPS), the integrity of a resource is determined by the ability of that resource to convey its significance. There is no hard-and-fast rule about how many of the seven aspects of integrity a resource must retain to convey its significance, since each aspect of integrity applies differently to each of the four significance criteria. NPS guidance does state, however, that a property that retains only the Feeling and Association aspects of integrity cannot be eligible due to these aspects’ higher level of subjectivity.

What follows is an evaluation of integrity only; see the preceding section for an evaluation of significance and the following section for a final eligibility conclusion.

Location: The place where the historic property was constructed or the place where the historic event occurred.

The house does retain sufficient integrity of location to convey its significance. 167 North Little Main was constructed in the Mission Gardens subdivision. The house has not been moved since its construction, retaining integrity of location.

Setting: The physical environment of a historic property. 167 North Little Main has been sited on the same parcel its original construction in 1923. Although the surrounding areas were originally orange groves, the single-family residence setting of the property has not changed.

The house’s setting within the physical environment of Orange and the surrounding single-family residence neighborhood in the Mission Gardens subdivision remains intact. Some homes in the neighborhood have been constructed or remodeled since 1923, which does not adversely impact the setting. The surrounding areas have been developed since the construction of the home- which does degrade the integrity of the broader setting but not the immediate setting.
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Design: Design is defined as the combination of elements that create the form, plan, space, structure, and style of a property.

The house does retain sufficient integrity of design to convey its significance. The Tudor Revival house retains integrity of design as it contains elements distinctive to the Tudor Revival style. Character-defining features such as steeply pitched roofs with a dominating clipped front gable, multi-pane windows, stucco, and focal arched windows are present on this house. These character-defining elements, coupled with the general form, plan and massing of the Tudor Revival style, display the integrity needed to support designation under Criterion C.

Having been modified very little since the time of construction, the residence expresses a high degree of design integrity and demonstrates eligibility for designation under Criterion C – Architecture for embodying the distinctive characteristics of an architectural style, type and period. No large additions have been made to the original building and the only addition was an addition to an original dormer.

The changes that were made, such as the replacement of the front door, side door, and new rear door follow the Secretary of Interior Standards for Rehabilitation by being made in-kind and are reversible. These changes do not impact the integrity of design, as they do not impact the form, plan, space, structure, or Tudor Revival Style. The modifications, summarized in the construction history, follow the Secretary of Interior Standards for the Treatment of Historic Properties. The property is able to continue to convey the original design to those observing it, and remains eligible for designation under Criterion C.

Materials: The physical elements that were combined or deposited during a particular period of time and in a pattern or configuration or form a historic property.

The house does retain sufficient integrity of materials to convey its significance. The vast majority of the fabric appears original throughout the house. The house retains all original wood windows, it retains it’s original front door, and original chimney. The alterations to materials that were made complement the original structure with in-kind or compatible materials. The wooden windows have been repaired and are in good condition. The skim coat of stucco was done in the historically accurate finish- also improving the integrity of materials. Overall, the structure demonstrates a level of integrity that strongly supports designation under Criterion C.

Workmanship: Workmanship is defined as the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory.

The house does retain sufficient integrity of workmanship to convey its significance. The high integrity of workmanship is demonstrated in the high standard of construction. Original construction designs, fabrication, and finishing details, such as the front elevation focal windows and clipped gable ends, support integrity of workmanship and designation under Criterion C.

Feeling: The property’s expression of the aesthetic or historic sense of a particular period of time.

The house does retain sufficient integrity of feeling to convey its significance. The property still reflects the aesthetic design and the setting of the original design and location. Additionally, since few modifications have been made, the house retains and expresses integrity of feeling and supports designation under Criterion C.

Association: The direct link between an important historic event or person and a historic property.

The house does retain sufficient integrity of association to convey its significance. The property has not been 626
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significantly altered, retaining the original designed elements.

5.3 Eligibility Summary
167 North Little Main Street is significant at the local level of the National Register of Historic Places under Criterion A in the themes of community planning and social history for being associated with the westward expansion of the City of Orange, along with being associated with prominent businessmen of Orange, including William O. Hart. The property is also significant at the local level of significance with themes of architecture under Criterion C for its rare and intact Tudor Revival architecture within the City of Orange. 627
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6. Findings and Conclusions
This Determination of Eligibility finds that 167 North Little Main Street is significant at the local level of the National Register of Historic Places under Criterion A in the themes of community planning and social history for being associated with the westward expansion of the City of Orange, along with being associated with prominent businessmen of Orange, including William O. Hart. The property is also significant at the local level of significance with themes of architecture under Criterion C for its rare and intact Tudor Revival architecture within the City of Orange.
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Appendix A- Bibliography
American Institute of Architects. Historical Directory of American Architects Accessed December 2019.

Ancestry.com. United States Federal Census, 1900-1940 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2004. Accessed March 2021.

Ancestry.com. U.S. City Directories, 1822-1995 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2011. Accessed March 2021.

California Title Search Company. 167 North Little Main Chain of Title Report. April 2021.

City of Orange. Planning Department. Survey of Orange [PDF on-line]. Accessed March 2021.

City of Orange. Planning Department. Digitized Permit Records. Accessed March 2021.

County of Orange, Office of the Recorder, Plat Maps. Accessed April 2021.

GoogleMaps. Accessed March-July 2021.

McAlester, Virginia Savage. A Field Guide to American Houses: The Definitive Guide to Identifying and Understanding America’s Domestic Architecture. New York: Alfred A. Knopf, 2013.

Sanborn Fire Insurance Maps, Orange , CA. Sanborn.umi.com, Accessed March 2021.

Union Title Insurance and Trust Company, Catalog of Recorded Plats in Orange County. California. 629
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Appendix B- Preparer’s Qualifications
Ione R. Stiegler, FAIA
Principal Architect
IS Architecture
Ione R. Stiegler, FAIA is the Principal Architect for IS Architecture. Ms. Stiegler has considerable experience in the numerous issues distinctly associated with historic projects. Historic Preservation involves exhaustive studies and reports that determine the historic significance and optimal approach for each project. Ms. Stiegler has successfully prepared such reports for more than 70 structures, including historic register designations, building condition assessments, reconnaissance surveys, and HABS documentation. In addition, the firm possesses an expertise in the technical, aesthetic, building code, Americans with Disability Act (ADA), structural and agency review aspects of architectural design for historic structures. Ms. Stiegler’s qualifications exceed the requirements established by the National Park Service, for History, Architectural History, Architecture, and Historic Architecture, as published in the Code of Federal Regulations, 36 CFR Part 61.

Kelsey Kaline, MHC/MPL
Historic Preservation Specialist/Architectural Historian IS Architecture
Kelsey Kaline, MHC/MPL is a Historic Preservation Specialist and Architectural Historian at IS Architecture. Ms.

Kaline has project experience ranging from National Register of Historic Places nominations, cultural landscape documentations and historic context statements, to determinations of eligibility on individual resources, and local nominations. Ms. Kaline holds Master of Heritage Conservation and Master of Planning degrees from the University of Southern California and exceeds the requirements established by the National Park Service for History and Architectural History as published in the Code of Federal Regulations, 36 CFR Part 61. 630
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Appendix C- Supplemental Information Attachments
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ATTACHMENT A
Building Development Information
A.1 Historic Aerials
A.2 Site Plan with Building Footprint
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A.1 – Historic Aerials (1946)
1946 Aerial showing West Chapman Avenue on the south. The image shows that Mission Gardens subdivision was still relatively “westward” expansion of Orange, surrounded by agriculture land. Courtesy of Historic Aerials. 633
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A.1 – Historic Aerials (1963)
1963 Aerial showing West Chapman Avenue on the south and West Maple in the center. The rapid development of Main Street, leading to the renaming of Main Street to Little Main Street is shown. Courtesy of Historic Aerials. 634
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A.2 – Site Plan with Building Footprint
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ATTACHMENT B
Ownership and Occupant Information
B.1 Chain of Title
B.2 City Directory Listing of Occupants
B.3 Deed from Time of Construction
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B.1 – Chain of Title
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B.2 – City Directory Listing of Occupants
Year Name(s)
1923-1928 William O. Hart, Elsie M. Hart
1929-1937 Casey Bonebrake, Cecil Bonebrake
1928-1944 Elmer N. Swift, Blenda J. Swift
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B.3 – Deed From Time of Construction
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B.3 – Hart Family Acquisition Deed
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ATTACHMENT C
Maps
C.1 USGS Maps
1896
1932
1949
C.2 Subdivision Map (1,2)
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C.1 – USGS Map (1896)
Courtesy of USGS.gov
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C.1 – USGS Map (1932)
Courtesy of USGS.gov
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C.2 – USGS Map (1949)
Courtesy of USGS.gov
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C.3 – Subdivision Map (Sheet 1 of 2)
C.3 – Subdivision Map (Sheet 2 of 2)
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ATTACHMENT D
Photographs
D.1 Current Photographs – West (Main) Elevation
D.2 Current Photographs – North Elevation
D.3 Current Photographs – East (Rear) Elevation
D.4 Current Photographs – South Elevation
D.5 Current Photographs – Site Features
D.6 Current Photographs – Interior Features
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D.1 – Current Photographs (West (Main) Elevation)
D.1-1. Main Elevation Context View Looking East, Real Estate Listing 2018.

D.1-2. Main Elevation, Front View looking Northeast. IS Architecture, 2021.

D.1 – Current Photographs (West (Main) Elevation)
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D.1-3. Main Elevation, Focal Window. IS Architecture, 2021. 653
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D.1 – Current Photographs (West (Main) Elevation)
D.1-4. Main Elevation, Front Door and Patio. Real Estate Listing, 2018.

D.1-5. Main Elevation, Front Façade, Patio, and Perimeter Wall. Real Estate Listing, 2018. 654
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D.1 – Current Photographs (West (Main) Elevation)
D.1-6. Main Elevation, Front Door Detail. IS Architecture, 2021. 655
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D.1 – Current Photographs (West (Main) Elevation)
D.2-5. Main Elevation, Central Windows Detail. IS Architecture, 2021. 656
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D.2– Current Photographs (North Elevation)
D.2-1. North Elevation, Looking West. IS Architecture, 2021 657
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D.2– Current Photographs (North Elevation)
D.2-1. North Elevation, Looking East. IS Architecture, 2021 658
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D.3 – Current Photographs (East (Rear) Elevation)
D.3.1. Rear Elevation, Looking West. Dormer addition visible. IS Architecture, 2021.

D.3.2. Rear Elevation, Looking Southwest. Dormer addition and garage visible. 2018. 659
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D.3 – Current Photographs (East (Rear) Elevation)
D.3-3. Rear Elevation window detail. IS Architecture, 2021. 660
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D.3 – Current Photographs (North Elevation)
D.3-4. Rear Elevation Overview. IS Architecture, 2021.

D.3-5. Rear Elevation Original Dormer vs Addition. IS Architecture, 2021. 661
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D.3 – Current Photographs (East (Rear) Elevation)
D.3-6. Rear Elevation window detail. IS Architecture, 2021. 662
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D.4 – Current Photographs (South Elevation)
D.4-1. South Elevation Overview. IS Architecture, 2021.

D.4-2. South Elevation Context. IS Architecture, 2021.
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D.4 – Current Photographs (South Elevation)
D.4-3. South Elevation Window Detail. IS Architecture, 2021.

D.4-4. South Elevation Second Level Window Detail. IS Architecture, 2021. 664
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D.5 – Current Photographs (Site Features)
D.5.1. Looking southeast to garage. Real Estate Listing 2018.

D.5-2. Garage side entry detail. IS Architecture, 2021. 665
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D.5 – Current Photographs (Site Features)
D.5.3. Public Right of Way and Driveway Gate. Real Estate Listing 2018.

D.5-4. Public Right of Way and Driveway Gate. Real Estate Listing 2018. 666
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D.5 – Current Photographs (Site Features)
D.5-5. Secondary Wooden Driveway Gate. IS Architecture, 2021. 667
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D.6 – Current Photographs (Interior Features)
D.6.1. Original Batchelder Tile Fireplace. Real Estate Listing 2018. 668
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D.6 – Current Photographs (Interior Features)
D.6.2. Original Batchelder Tile Fireplace Detail. IS Architecture, 2021. 669
167 North Little Main Street- Determination of Eligibility 1 ATTACHMENT E
Supplemental Documentation
E.1 Criterion A Documentation
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167 North Little Main Street- Determination of Eligibility 4 E.2 Criterion B Documentation
E 2-1. Photo of William Hart.
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1 675
State of California The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
PRIMARY RECORD Trinomial
NRHP Status Code 5S1
Other Listings
Review Code Reviewer Date

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