Agenda packet — Orange City Council, January 10, 2023 (part 1 of 4)

Tom Kisela
Interim City Manager
Mary Binning
Senior Assistant City Attorney
Pamela Coleman
City Clerk

DAN SLATER
Mayor

ARIANNA BARRIOS
Councilmember, District 1

JON DUMITRU
Councilmember, District 2

KATHY TAVOULARIS
Councilmember, District 3

DENIS BILODEAU
Councilmember, District 4

ANA GUTIERREZ
Councilmember, District 5

JOHN GYLLENHAMMER
Councilmember, District 6
AGENDA
City Council
January 10, 2023
4:30 PM Employee Recognition
5:00 PM Closed Session
6:00 PM Regular Session
City Council Chamber
300 E. Chapman Avenue
Orange, CA 92866
The City of Orange City Council welcomes you to this meeting and encourages your participation. Regular City Council meetings are held on the second Tuesday of each month at 6:00 p.m.

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

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

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

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1 City Council Agenda January 10, 2023
2) Written Public Comments via email or eComment
Members of the public can submit their written comments electronically for City Council consideration by emailing them to [email protected] with the subject line “Public Comment Item # (insert the item number relevant to the comment)” or “Public Comment Non-agenda Item” for general public comments. The public can also submit written comments on the City’s eComment page. Please visit the City’s website at www.cityoforange.org, click Current City Council Agenda, then click the eComment link for this meeting. To ensure distribution to the City Council prior to consideration of the agenda, we encourage the public to submit written comments by 3:00 p.m. the day of the meeting. All written comments will be provided to the Council and posted on the City’s website.
3) Public Comments via recorded voicemail message
Finally, the public can record their comments by calling (714) 744-2234 no later than 5:00 p.m. the day of the meeting. Recorded messages will not be played at the meeting, but will be provided to the Council.

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

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

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

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

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2 City Council Agenda January 10, 2023
4:30 PM EMPLOYEE RECOGNITION

1. WELCOME

2. EMPLOYEE SERVICE AWARDS

3. RECESS
5:00 PM CLOSED SESSION

1. CALL TO ORDER

1.1 ROLL CALL

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

3. RECESS TO CLOSED SESSION
a. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(b)1.

Title: City Attorney
b. PUBLIC EMPLOYMENT
Pursuant to Government Code Section 54957(b)1.

Titles: City Manager, Community Development Director, Finance Director c. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6.

City Negotiator: Tom Kisela, Interim City Manager
Employee Organizations: City of Orange Police Association and Orange Police Management Association

4. CLOSED SESSION REPORT

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

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3 City Council Agenda January 10, 2023
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER

1.1 INVOCATION
Pastor Thomas Copple, Spirit & Truth Worship Center

1.2 PLEDGE OF ALLEGIANCE
Mayor Dan Slater

1.3 ROLL CALL

1.4 PRESENTATIONS/ANNOUNCEMENTS
Orange High School Student Liaison Diego Paz, ASB Ambassador El Modena High School Student Liaison Ruby Hewitt, ASB School Board Representative
Introduction of Miss Orange contestants
Memorial Adjournment in honor of William "Bill" Steiner

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

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

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

Approve.

Recommended Action:

Attachments: Staff Report

3.2. Confirmation of warrant registers dated December 2, 9, 16, and 22, 2022.

Recommended Action:

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4 City Council Agenda January 10, 2023
Approve.

Attachments: Staff Report

3.3. Approval of minutes of the City of Orange City Council Regular Meeting held on December 13, 2022; and Special Meeting held on December 15, 2022.

Approve minutes as presented.

Recommended Action:

Staff Report
December 13, 2022, Regular Meeting minutes
December 15, 2022, Special Meeting minutes
Attachments:

3.4. Agreement with the County of Orange for Fiscal Year 2021-2022 Edward Byrne Memorial Justice Assistance Grant.

1. Approve the agreement with the County of Orange in the amount of $11,963 for Fiscal Year 2021-2022 Edward Byrne Memorial Justice Assistance Grant Program; and authorize the City Manager to execute on behalf of the City.

2. Accept into the City’s revenue budget an $11,963 grant from the County of Orange, into revenue account number 353.4011.45150.30214, Federal Grants - 2022 JAG.

3. Authorize the appropriation of $11,963 into expenditure account number 353.4011.55131.30214, Equipment - 2022 JAG.

Recommended Action:

Staff Report
JAG MOU Award No. 15PBJA-22-GG-02074-JAGX
Attachments:

3.5. Agreement with CSA Holdings, Inc. for maintenance and renovation of City sports fields.

Approve agreement with CSA Holdings, Inc. in an amount of $300,000 for sports field maintenance and renovation; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Maintenance Services Agreement
Attachments:

3.6. Agreement with Pyro Spectaculars, Inc., for fireworks display at the City of Orange 3rd of July Celebration.

Approve agreement with Pyro Spectacular, Inc. in an amount of $125,000; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

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5 City Council Agenda January 10, 2023
Staff Report
Fireworks Display Agreement
Attachments:

3.7. Agreement with Rotary Club of Orange Plaza for the production of the Annual Orange Rotary Plaza Car Show.

Approve the Agreement for Production of Orange Plaza Car Show with Rotary Club of Orange Plaza; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Agreement for Production of Orange Plaza Car Show
Attachments:

3.8. First Amendment to Agreement with Kane, Ballmer & Berkman to provide attorney services for affordable housing loans.

1. Approve the appropriation of $40,000 from the Low & Moderate Income Housing Asset Fund (921) unreserved fund balance to expenditure account 921.6041.51670.00000.

2. Approve the First Amendment to the Subrecipient Agreement with Kane, Ballmer & Berkman increasing compensation by an additional $40,000 to continue attorney services for affordable housing loans.

Recommended Action:

Staff Report
First Amendment to Agreement with Kane, Ballmer & Berkman Attachments:

3.9. Fourth Amendment to agreement with Siemens Industry, Inc. for badge printers and camera changes.

Approve amendment with Siemens Industry, Inc. in the amount of $35,889 for purchase and implementation of badge printers and camera scope changes; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Fourth Amendment to Agreement with Siemens Industry
Attachments:

3.10. Appropriation of $767,286.32 in State of California Office of Emergency Services funding received.

1. Accept into the City’s revenue budget $767,286.32 in strike team reimbursement funds from the State of California Office of Emergency Services, into the revenue account numbers for Cal-OES reimbursements as specified in Section 6 of the staff report.

2. Authorize the appropriation of $753,458.28 into the expenditure account numbers for Overtime-Safety as specified in Section 6 of the staff report.

Recommended Action:

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3. Authorize the appropriation of $13,828.04 into the expenditure account numbers for Strike Team Expenditures as specified in Section 6 of the staff report.

Attachments: Staff Report

3.11. Approval of plans and specifications for Annual Sewer Replacement/ Maintenance Fiscal Year 2022-2023; and authorization to advertise for bids.

Approve plans and specifications and authorize advertising for Bid No. 22-23.20, (S-247).

Recommended Action:

Staff Report
Location Map
Attachments:

3.12. Approval of plans and specifications for the Water Division Bin Storage Construction and authorization to advertise for bids.

Approve the plans and specifications and authorize advertising for Bid No. 22-23.24.

Recommended Action:

Staff Report
Location Map
Attachments:

3.13. Approval of plans and specifications for the Old Towne Street Lighting Project, and authorization to advertise for bids.

Approve plans and specifications and authorize advertising for Bid No. 22-23.20, SP-4092.

Recommended Action:

Staff Report
Location Map
Attachments:

3.14. Approval of plans and specifications for Annual Concrete Replacement at Various Locations Phase II, Fiscal Year 2022-2023; and authorization to advertise for bids.

1. Approve plans and specifications and authorize advertising for Bid No. 22-23.21.

2. Authorize the transfer of $858,745.45 from expenditure account number 263.5011.56330.20383 Cannon & Serrano Intersection Modification to expenditure account number 263.5011.56330.13120 Pavement Management Program.

3. Authorize the appropriation of $150,000 from Unreserved Fund 287 Citywide TSIP to expenditure account number 287.5011.56330.13120 Pavement Management Program.

Recommended Action:

Staff Report
Location Maps
Attachments:

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3.15. Claims for Damages.

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

1. Stuart L. Lovi

2. Axel Estrada

3. Jatinder Kaur

4. Izabella Vigo

5. Yesenia Gonzalez Ortega

6. Akram Nabulsi

7. Kyle Wong
Recommended Action:

Attachments: Staff Report

3.16. Award of Contract to California Professional Engineering, Inc. for Chapman Avenue and Batavia Street Left-Turn Signal Modification Project; Bid No. 22-23.18 (SP-4036).

1. Authorize the appropriation of $120,000 from Fund 263 (Measure M2) unreserved fund balance to expenditure account number 263.5074.56100.20329 , CIP-Chapman Avenue and Batavia Street Left-Turn Signal Modification.

2. Approve the contract with California Professional Engineering, Inc. in the total amount of $547,379.80, representing an original amount of $497,618.00, plus a 10% contingency of $49,761.80 for Chapman Avenue and Batavia Street Left Turn Signal Modification Project; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Bid Abstract
Contract with California Professional Engineering, Inc.

Attachments:

3.17. Award of Contract to Sequel Contractors, Inc. for Community Development Block Grant Fiscal Year 2022-2023 Sycamore and Palmyra Neighborhood Street Rehabilitation and Americans with Disabilities Act (ADA) Wheelchair Access Ramp Replacement at Various Locations; Bid No. 22-23.17.

Award the contract to Sequel Contractors, Inc. of Santa Fe Springs, CA in the total amount of $938,311.55, representing an original amount of $853,010.50, plus a 10% contingency of $85,301.05, for Community Development Block Grant Fiscal Year 2022-2023 Sycamore and Palmyra Neighborhood Street Rehabilitation and Americans with Disabilities Act (ADA) Wheelchair Access Ramp Replacement at Various Locations; and authorize the Mayor and City Clerk to execute the contract on behalf of the City.

Recommended Action:

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Staff Report
Bid Abstract
Contract
Attachments:

3.18. Authorize purchase of furniture, fixtures, and site furnishings from Interior Office Solutions, Inc. dba People Space.

1. Approve the purchase of furniture from Interior Office Solutions, Inc. dba People Space in the amount of $630,000.

2. Authorize the City Manager to execute contracts related to the purchase and installation of furniture, fixtures and equipment from Interior Office Solutions, Inc . dba People Space.

3. Authorize the appropriation of $430,000 from AB3229/COPS Supplemental Law Enforcement Services (354) unreserved fund balance to expenditure account number 354.4011.55131.00000, AB3229/COPS Supplemental Law Enforcement Services - Furniture, Machinery, Equipment Additions.

Recommended Action:

Staff Report
OMNIA Partners Contract No. 2020000606
Attachments:

3.19. Authorize purchase of signage, traffic control devices, vehicle parts, and labor services for the Public Works Field Services Division.

1. Approve purchase order for traffic control devices and signage with BC Traffic Specialists for $50,000.

2. Approve purchase order for parts and services with Irv Seaver Motorcycles for $60,000.

3. Approve purchase order for parts and services with Daniels Tire Service for $50,000.

4. Approve purchase order for parts and services with Pete’s Road Service, Inc. for $60,000.

5. Approve purchase order for parts and services with Quinn Group Inc-Maintenance for $60,000.

6. Approve purchase order for parts and services with Southern Counties Lubricants for $60,000.

7. Approve purchase order for parts and services with DWWWVF, Inc. for $60,000.

8. Approve purchase order for parts and services with West Coast Batteries for $40,000.

9. Approve purchase order for parts and services with Western States Converters & Transmissions for $60,000.

Recommended Action:

Attachments: Staff Report

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3.20. Authorize purchase of seven vehicles for various departments using a Cooperative Purchasing Agreement.

Approve the purchase of seven vehicles from National Auto Fleet Group for $316,839.

Recommended Action:

Attachments: Staff Report

3.21. Authorize purchase of an uninterruptible power supply from Odyssey Power Corporation.

Approve the purchase and installation of Toshiba 4400 UPS from Odyssey Power Corporation in the amount of $78,227.11.

Recommended Action:

Staff Report
Odyssey quote OPCQ26827-01
Attachments:

3.22. Participate in a one-time Public Provider Ground Emergency Medical Transportation (PP-GEMT) Intergovernmental Transfer (IGT) Program with the California Department of Health Care Services.

Approve participation with the California Department of Health Care Services in the total amount of $1,114,313, plus a $111,431 assessment fee to be advanced quarterly to the California Department of Health Care Services for managing the PP-GEMT program, and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Letter of Intent to DHCS
DHCS Managed Care Estimated CY 2023 Net Benefit Calculation DHCS PP-GEMT IGT Net Benefit email
Attachments:

3.23. Submittal of annual financial reports for development impact fees for Fiscal Year 2021-2022.

Receive and file the annual financial reports relating to Transportation System Improvement Program Fees, Park Infill Fees, Fire Protection Facility Fees, Police Facility Development Fees, and Library Facilities Development Fees.

Recommended Action:

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Staff Report
Attachment A - Annual Report for Transportation System
Improvement Program Fees
Attachment B - Annual Report for Park Infill Fees
Attachment C - Annual Report for Fire Protection Facility Fees Attachment D - Annual Report for Police Facility Development Fees Attachment E - Annual Report for Library Facilities Development Fees
Attachments:

3.24. Audited Financial Statements and Related Financial Reports for the fiscal year ended June 30, 2022.

Receive and file the following documents for the fiscal year ended June 30, 2022:

1. Annual Comprehensive Financial Report

2. Audit Communication Letter

3. Independent Accountants’ Report on Agreed-Upon Procedures Applied to the Appropriations Limit Worksheets

4. Independent Accountants’ Report on Agreed-Upon Procedures Applied to the Investment Portfolio

5. Air Pollution Reduction Fund Financial Statements and Independent Auditors’ Report

6. Independent Auditors’ Report on Internal Control Over Financial Reporting

7. Housing Successor Fund Financial Statements

8. Single Audit of Federally Assisted Grant Programs
Recommended Action:

Staff Report
City of Orange Annual Comprehensive Financial Report and Summary of Audit Results
Audit Communication Letter
Independent Accountants' Report on Agreed-Upon Procedures A pplied to the Appropriations Limit Worksheets
Independent Accountants' Report on Agreed-UPon Procedures Applied to Investment Portfolio
Air Polution Reduction Fund Financial Statements and Independent Auditors' Report
Independent Auditors' Report on Internal Control over Financial Reporting
Housing Successor Fund Financial Statements
Single Audit of Federally Assisted Grant Programs
Attachments:

3.25. Authorization to apply, accept, and execute agreement for Building Forward:

Library Improvement Grant Program funds; and appropriation of $541,865 in designated grant funding received from California State Library. Resolution No. 11427.

Recommended Action:

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11 City Council Agenda January 10, 2023

1. Adopt Resolution No. 11427. A Resolution of the City Council of the City of Orange authorizing the application, acceptance, and execution of the agreement for Building Forward: Library Improvement Grant Program funds from the State of California Budget Act of 2021 (SB 129).

2. Accept into the City’s budget $541,865 in grant funds from California State Library into the following revenue account numbers in the General Fund:
$393,365 100.2001.45290.30216 - Building Forward Main Grant $ 89,375 100.2001.45290.30217 - Building Forward El Modena Grant $ 59,125 100.2001.45290.30218 - Building Forward Taft Grant

3. Authorize the appropriation of $541,865 into the following expenditure account numbers in the General Fund:
$393,365 500.2001.56020.30216 - Building Forward Main Grant $ 89,375 500.2001.56020.30217 - Building Forward El Modena Grant $ 59,125 500.2001.56020.30218 - Building Forward Taft Grant Staff Report
Resolution No. 11427
Award Letter - Building Forward Main Library Grant
Award Letter - Building Forward El Modena Library Grant Award Letter - Building Forward Taft Library Grant
Attachments:

3.26. Approval of temporary street closures for approved special events. Resolution No. 11430.

1. Adopt Resolution No.11430. A Resolution of the City Council of the City of Orange approving the temporary closure of sections of public streets for approved special events.

2. Approve closure of municipal parking lots and temporary suspension of neighborhood permit parking restrictions for certain events and dates occurring in Fiscal Years 2022-2023 and 2023-2024.

Recommended Action:

Staff Report
Resolution No. 11430
Map of Municipal Parking Lots
Map of Permit Parking Area A
Map of Permit Parking Area D & G
Site Sketch of South Orange Street at Assistance League Building Letters of Request
Attachments:

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

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4. REPORTS FROM MAYOR SLATER

4.1. City Council Reorganization.

Select a Mayor pro tempore and term.

Recommended Action:

Attachments: Staff Report

4.2. Consideration of appointment of City Councilmembers to City Regional Boards and Committees.

Confirm Mayor Slater’s recommendations to be presented at the meeting.

Recommended Action:

Staff Report
Current Council Appointments to City Regional Boards and Committees
Attachments:

4.3. Consideration of revising Resolution No. 10737 establishing the City Council Regular Meeting days and times.

Provide direction to staff.

Recommended Action:

Staff Report
Resolution No. 10737
Attachments:

4.4. Expansion of Membership of Boards, Committees, and Commissions.

4.5. Health and Welfare Benefits for City Councilmembers.

4.6. Orange Homeless Outreach.

4.7. Meeting with Chief of Police Update.

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

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

5.1. Highlight Local Business (Gutierrez)

5.2. Chandler/Horowitz Site Update. (Gutierrez)

6. REPORTS FROM CITY MANAGER

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7. PUBLIC HEARINGS

7.1. Continued Public Hearing to consider Conditional Use Permit No. 3154-21, Design Review No. 5060-21, and Minor Site Plan Review No. 1074, and Zone Change No. 1305-21 for a new express car wash facility and associated vacuum canopies located at 1325 West Katella Avenue; and finding that the Zone Change was already considered in the scope of the City of Orange General Plan Program EIR, and the project is exempt from CEQA. Ordinance No. 11-22 and Resolution No. 11419. (Continued from November 15, 2022)

1. Introduce and conduct First Reading of Ordinance No. 11-22. An ordinance of the City Council of the City of Orange approving Zone Change No. 1305-21 rezoning property located at 1325 West Katella Avenue to Urban Mixed Use to establish consistency between the Urban Mixed Use General Plan land use designation and zoning classification in accordance with state law.

2. Adopt Resolution No. 11419. A Resolution of the City Council of the City of Orange approving Conditional Use Permit No. 3154-21, Design Review No.5060-21, and Minor Site Plan Review No. 1074-21, and Zone Change No. 1305-21 for the construction of a new 13,860 square foot automatic drive through express carwash facility with associated vacuum stalls and related site improvements located at 1325 West Katella Avenue.

Recommended Action:

Staff Report
Attachment 1 Ordinance No. 11-22
Attachment 2 Resolution No. 11419
Attachment 4 Site Photographs
Attachment 3 Vicinity Map
Attachment 5 September 19, 2022 Planning Commission Staff Report Attachment 6 September 19, 2022 Planning Commission Resolution No. PC 16-22
Attachment 7 September 19, 2022 Planning Commission Resolution No. 24-22
Attachment 8 September 19, 2022 Planning Commission Meeting Minutes
Attachment 9 August 17, 2022 Design Review Committee Staff Report
Attachment 10 August 17, 2022 Design Review Committee Meeting Minutes
Attachment 11 Project Plans date stamped received October 13, 2022
Attachments:

7.2. Public Hearing to consider the approval of the HOME Investment Partnership-American Rescue Plan Allocation Plan prior to submittal to the Department of Housing and Urban Development.

Recommended Action:

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1. Authorize staff to incorporate public comments received at the Public Hearing into the HOME-ARP Allocation Plan.

2. Approve the HOME-ARP Allocation Plan.

3. Authorize the City Manager or their designee to make any necessary changes to the Allocation Plan and submit the Allocation Plan to the Department of Housing and Urban Development (HUD).

4. Upon approval of the HOME-ARP Plan from the Department of Housing and Urban Development (HUD), accept into the City’s revenue budget $1,572,426.70 in HOME Investment Partnerships Program American Rescue funds into revenue account number 317.0000.45120.30206, Federal HUD Grants - HOME-ARP Grant.

5. Upon approval of the HOME-ARP Plan from the Department of Housing and Urban Development (HUD), authorize the appropriation of $1,572,426.70 from the HOME Fund (317) unreserved fund balance to expenditure account 317.9640.51670.30206 - HOME-ARP Consulting Services.

6. Authorize the City Manager or their designee to execute documents related to the HOME-ARP Allocation Plan on behalf of the City.

Staff Report
Draft HOME-ARP Allocation Plan
Attachments:

8. ADJOURNMENT
The City Council will Adjourn in Memory of William "Bill" Steiner.

The next Regular City Council meeting will be held on Tuesday, February 14, 2023, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.

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

Date posted: January 5, 2023

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15 Agenda Item
City Council
Item #: 3.1. 1/10/2023 File #: 23-0008
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Pamela Coleman, City Clerk

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

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

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

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.1. 1/10/2023 File #: 23-0008
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Pamela Coleman, City Clerk

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

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

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.2. 1/10/2023 File #: 23-0009
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Confirmation of warrant registers dated December 2, 9, 16, and 22, 2022.

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

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.2. 1/10/2023 File #: 23-0009
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Confirmation of warrant registers dated December 2, 9, 16, and 22, 2022.

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

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.3. 1/10/2023 File #: 23-0010
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Approval of minutes of the City of Orange City Council Regular Meeting held on December 13, 2022; and Special Meeting held on December 15, 2022.

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

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· December 13, 2022, Regular Meeting minutes
· December 15, 2022, Special Meeting minutes
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Agenda Item
City Council
Item #: 3.3. 1/10/2023 File #: 23-0010
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Approval of minutes of the City of Orange City Council Regular Meeting held on December 13, 2022; and Special Meeting held on December 15, 2022.

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

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· December 13, 2022, Regular Meeting minutes
· December 15, 2022, Special Meeting minutes
City of Orange Page 1 of 1 Printed on 1/5/2023
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City of Orange
City Council
December 13, 2022

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Tuesday, December 13, 2022, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
5:00 PM CLOSED SESSION

1. CALL TO ORDER
Mayor pro tem Nichols called Closed Session to order at 5:03 p.m.

1.1 ROLL CALL

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

Absent: Monaco
Mayor Murphy joined Closed Session at 5:12 p.m.

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None

3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:04 p.m. with all Members present, except Mayor Murphy who joined Closed Session at 5:12 p.m. and Councilmember Monaco who was absent, to discuss the following:
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) - One case Name of Case: Deanna Garcia v. Gutierrez, et al.

Orange County Superior Court Case No. 30-2020-01125092

4. CLOSED SESSION REPORT
None

5. ADJOURNMENT
Closed Session was adjourned at 5:21 p.m.

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22 City Council Minutes - Draft December 13, 2022
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Murphy called the meeting to order at 6:05 p.m.

1.1 INVOCATION
Given by Pastor Tim Klinkenberg from St. John's Lutheran Church of Orange.

1.2 PLEDGE OF ALLEGIANCE
Led by Mayor Mark A. Murphy.

1.3 ROLL CALL

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

Absent: Monaco

1.4 PRESENTATIONS/ANNOUNCEMENTS
Memorial Adjournment in honor of Rudolph "Rudy" Diaz.

2. PUBLIC COMMENTS
Public Speakers:

Gina Cunningham, Executive Director of HomeAid Orange County, thanked City Council and staff for supporting their mission.

Kim Smith expressed gratitude and appreciation to outgoing Councilmembers Mayor Murphy, Mayor pro tem Nichols, and Councilmember Monaco for their service and leadership.

Tim Smith expressed gratitude and appreciation to outgoing Councilmembers Mayor Murphy, Mayor pro tem Nichols, and Councilmember Monaco for their service and leadership.

Carole Walters expressed appreciation to outgoing Mayor Murphy and his wife Vicki Murphy for their service to the community and leadership.

Jake Comer thanked the City for complying with Senate Bill 1383.

Written Public Comments
Janice Brownfield emailed about the Inflation Reduction Act.

Andrew Chan emailed about climate change and implementation of Senate Bill 1383.

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23 City Council Minutes - Draft December 13, 2022

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

ACTION: Approved.

3.2. Confirmation of warrant registers dated November 4, 10, 18, and 23, 2022.

ACTION: Approved.

3.3. Approval of amended minutes of the City of Orange City Council Regular Meeting held on July 13, 2021.

ACTION: Approved minutes as amended.

3.4. Approval of minutes of the City of Orange City Council Adjourned Regular Meeting held on November 15, 2022.

ACTION: Approved minutes as presented.

3.5. Historic Property Preservation Agreements (Mills Act Contracts) for nine qualified historic properties.

ACTION: Approved nine Mills Act Contracts between the City of Orange and the identified property owners for the preservation and rehabilitation of qualified historic properties; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.6. Appropriation of $530,000 in Comprehensive Transportation Funding Programs - Project X Tier 1 2022 Environmental Cleanup Program fund and Sanitation and Sewer fund for the Taft Avenue & Lewis Street Water Quality Storm Drain Improvement Project.

ACTION: 1) Accepted into the City’s revenue budget $400,000 in grant funds from the OCTA Tier 1 Environmental Cleanup Program, into revenue account number 550.5011.45460.30215, Reimbursable Capital Projects - Taft Avenue & Lewis Street Water Quality Storm Drain Improvement Project; 2) Authorized the appropriation of $400,000 to expenditure account number 550.5011.56340.30215, Reimbursable Capital Projects - Taft Avenue & Lewis Street Water Quality Storm Drain Improvement Project; and 3) Authorized the appropriation of $130,000 to expenditure account number 220.5011.56340.30215, Sanitation and Sewer - Taft Avenue & Lewis Street Water Quality Storm Drain Improvement Project.

3.7. Appropriation of $30,000 in designated grant funding received from California State Library.

ACTION: 1) Accepted into the City’s budget $30,000 in grant funds from California State Library into revenue account number 100.2001.45290.30213, General Fund - Sustainable Orange Grant; and 2) Authorized the appropriation of $30,000 in grant funds into expenditure account number 100.2016.53340.30213, General Fund - Sustainable Orange Grant.

3.8. Award of Contract to Tess Electric, Inc. for electrical improvements at Wells 23 and 24.

ACTION: Approved the contract with Tess Electric, Inc. in the amount of $35,532 for electrical improvements at Wells 23 and 24; and authorized the Mayor and City Clerk to execute on behalf of the City.

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24 City Council Minutes - Draft December 13, 2022

3.9. Second Reading and adoption of an Ordinance of the City Council of the City of Orange approving a development agreement with Old Town Gateway, LLC for a project on a site located at 401 W. Chapman Avenue and 135 N. Atchison Street.

Development Agreement No. 0008-22. Ordinance No. 08-22.

Item 3.9 was removed from the Consent Calendar for separate consideration by Councilmember Gutierrez.

In response to Councilmember Gutierrez's question about a letter received from Preserve Orange County regarding compliance with CEQA, staff stated the project has a categorical exemption and therefore, CEQA was complied with.

Public Speakers:

Robert Boice, Preserve Orange County, spoke in opposition of adopting Ordinance No. 08-22.

Frank Haselton spoke in support of adopting Ordinance No. 08-22.

During discussion, Councilmember Barrios raised concerns with loading and unloading trucks impacting traffic in the area, and requested a continuance of the item and/or delaying approval of the fourth building. Council dissented.

After further discussion, Councilmember Barrios asked about the cost for cutouts near the two sides of the paseo across Cypress. Staff does not recommend a crosswalk between the two sides of the paseo at this time because of its proximity to the intersection at Chapman and the low volume of traffic on Cypress.

ACTION: A motion was made by Mayor Murphy, seconded by Mayor pro tem Nichols, to adopt Ordinance No. 08-22. The motion carried by the following vote:

Ayes: Nichols, Dumitru, Tavoularis, and Murphy
Noes: Barrios, and Gutierrez

Absent: Monaco

3.10. Second Reading and adoption of an Ordinance of the City Council of the City of Orange creating the Neighborhood Preservation Overlay Zone; providing development standards to regulate the addition of bedrooms or bathrooms to a primary residence within specified boundaries; revising or adding definitions pertaining to residential additions and student housing; and updating provisions for reviewing body approval of specified matters. Ordinance No. 10-22.

ACTION: Adopted Ordinance No. 10-22.

3.11. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending various sections of the Orange Municipal Code to delete outdated language, update references to conform with current law and code provisions, and achieve internal consistency. Ordinance No. 09-22.

ACTION: Adopted Ordinance No. 09-22.

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25 City Council Minutes - Draft December 13, 2022

SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY

3.12. Recognized Obligation Payment Schedule for the fiscal period covering July 1, 2023 through June 30, 2024 (ROPS 23-24). Resolution No. SAORA-036. 1) Adopted Resolution No. SAORA-036. A Resolution of the Governing Board of the Successor Agency to the Orange Redevelopment Agency approving a Recognized Obligation Payment Schedule for the fiscal period covering July 1, 2023, through June 30, 2024 (ROPS 23-24), pursuant to Health and Safety Code Section 34177, and taking certain related actions.
2) Directed staff to transmit ROPS 23-24 and related Administrative Budgets to the Orange Countywide Oversight Board of the Successor Agency to the Orange Redevelopment Agency.

Approval of the Consent Calendar
Item 3.9 was removed from the Consent Calendar and heard separately. All other items were approved as recommended.

A motion was made by Mayor pro tem Nichols, seconded by Councilmember Dumitru, to approve the Consent Calendar as recommended. The motion carried by the following vote:

Ayes: Nichols, Barrios, Tavoularis, Dumitru, Murphy, and Gutierrez Noes: None

Absent: Monaco

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

4. REPORTS FROM MAYOR MURPHY
None

5. REPORTS FROM COUNCILMEMBERS

5.1. Resolution supporting the Iranian-American community. (Tavoularis) Councilmember Tavoularis provided a brief report and requested Council consider adopting proposed Resolution No. 11429.

Public Speakers:

The following spoke in support of approving Resolution No. 11429: Hengameh Abraham, Mona Sedaghat, Saeed Ghaffari, Noushin Rahdar, Tannaz Razzaghi, Melisa Hashem, Farhad Mafie, Mahsa Townsend, Melika B., and Alvand Kumars.

A motion was made by Councilmember Tavoularis, seconded by Councilmember Gutierrez, to adopt Resolution No. 11429. A Resolution of the City Council of the City of Orange declaring support of the Iranian-American community and condemning the violence perpetrated by the government of Iran against its people. The motion carried by the following vote:

Ayes: Nichols, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy Noes: None

Absent: Monaco

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26 City Council Minutes - Draft December 13, 2022
RECESS: The City Council recessed at 7:18 p.m. and reconvened at 7:28 p.m. with all Members present, except Councilmember Monaco who was absent.

5.2. Other Councilmember Reports
Councilmember Barrios
Councilmember Barrios announced Hanukkah was beginning the evening of December

18. Councilmember Dumitru
Councilmember Dumitru thanked Community Services, Public Works, and public safety staff for all of the work that went into the Tree Lighting Ceremony.

Councilmember Gutierrez
Councilmember Gutierrez highlighted the following local business: Tameleria Rincon Sinaloense.

6. REPORTS FROM CITY MANAGER
None

7. RECOGNITION OF OUTGOING COUNCILMEMBER CHIP MONACO
Councilmember Monaco was not present at the meeting.

8. RECOGNITION OF OUTGOING MAYOR PRO TEM KIMBERLEE

NICHOLS
Mayor pro tem Nichols stepped off the dais to the podium.

Recognition and appreciation gifts were presented by Mayor Murphy and City staff.

The following presentations were also made:
o Mariana Flores, Field Representative, Congressman Lou Correa’s Office o Pat Buttress, County Supervisor Donald P. Wagner office o Al Ricci, Chamber of Commerce
Mayor pro tem Nichols returned to the dais and made a few departing remarks.

9. RECOGNITION OF OUTGOING MAYOR MARK A. MURPHY
Mayor Murphy stepped off the dais to the podium.

Recognition and appreciation gifts were presented by Mayor pro tem Nichols and City staff.

The following presentations were also made:
o Mariana Flores, Field Representative, Congressman Lou Correa’s Office o Pat Buttress, County Supervisor Donald P. Wagner office

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27 City Council Minutes - Draft December 13, 2022
o Al Ricci, Chamber of Commerce
Mayor Murphy returned to the dais and made a few departing remarks.

10. ADJOURNMENT
There being no further business, the meeting was adjourned at 8:40 p.m. in Memory of Rudolph "Rudy" Diaz.

The Oath of Office Ceremony will be held at a Special Meeting on Thursday, December 15, 2022, at 6:00 p.m., in the Council Chamber.

The next Regular City Council meeting will be held on Tuesday, January 10, 2023, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
______________________ _________________________
PAMELA COLEMAN DANIEL R. SLATER

CITY CLERK MAYOR

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28 City of Orange
City Council
December 15, 2022

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Thursday, December 15, 2022, at 6:00 p.m. for a Special Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Murphy called the meeting to order at 6:00 p.m.

1.1 INVOCATION
Given by Carolyn Cavecche, former City of Orange Mayor.

1.2 PRESENTATION OF COLORS
Presented by the Orange Police Department Honor Guard.

1.3 PLEDGE OF ALLEGIANCE
Led by Vicente Sarmiento, Orange County Supervisor-Elect, Second District.

1.4 NATIONAL ANTHEM
Sung by Susie DiGiovanna.

1.5 ROLL CALL

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

Absent: Monaco

2. LEGAL AFFAIRS

2.1. Declaration of election results for the November 8, 2022, General Municipal Election. Resolution No. 11426.

A motion was made by Mayor pro tem Nichols, seconded by Councilmember Tavoularis, to adopt Resolution No. 11426. A Resolution of the City Council of the City of Orange reciting the facts of the General Municipal Election held on November 8, 2022, and declaring the result and such other matters as provided by law. The motion carried by the following vote:

Ayes: Dumitru, Gutierrez, Nichols, Tavoularis, Barrios, and Murphy Noes: None

Absent: Monaco

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29 City Council Minutes - Draft December 15, 2022

3. ADJOURNMENT
There being no further business, the meeting was adjourned at 6:07 p.m. to the Oath of Office Ceremony.

The next Regular City Council meeting will be held on Tuesday, January 10, 2023, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.

OATH OF OFFICE CEREMONY
City Clerk Pamela Coleman administered the Oath of Office to Mayor-Elect Dan Slater.

Mayor Slater made a few remarks before returning to his seat.

Former Mayor Carolyn Cavecche administered the Oath of Office to District 1 Councilmember-Elect Arianna Barrios. Councilmember Barrios made a few remarks before returning to her seat.

Ambassador Gaddi Vasquez administered the Oath of Office to District 3 Councilmember-Elect Kathy Tavoularis. Councilmember Tavoularis made a few remarks before returning to her seat.

Orange County Supervisor-Elect, Second District, Vicente Sarmiento administered the Oath of Office to District 4 Councilmember-Elect Denis Bilodeau. Councilmember Bilodeau made a few remarks before returning to his seat.

City Clerk Pamela Coleman administered the Oath of Office to District 6 Councilmember-Elect John Gyllenhammer. Councilmember Gyllenhammer made a few remarks before returning to his seat.

Mayor Slater invited everyone to a reception in the Weimer Room in honor of the newly elected officials.
______________________ _________________________
PAMELA COLEMAN DANIEL R. SLATER

CITY CLERK MAYOR

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30 Agenda Item
City Council
Item #: 3.4. 1/10/2023 File #: 22-0679
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with the County of Orange for Fiscal Year 2021-2022 Edward Byrne Memorial Justice Assistance Grant.

2. SUMMARY
The eligible joint allocation amount awarded to the County of Orange is $464,954 of which $13,292 is allocated to the City of Orange. The County of Orange is requesting approval of an agreement that allocates the City’s 2022 program funds as follows: $1,329 for grant administrative fees to the County and $11,963 retained by the City to purchase tactical shields.

3. RECOMMENDED ACTION

2. Accept into the City’s revenue budget an $11,963 grant from the County of Orange, into revenue account number 353.4011.45150.30214, Federal Grants - 2022 JAG.

3. Authorize the appropriation of $11,963 into expenditure account number 353.4011.55131.30214, Equipment - 2022 JAG.

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

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

6. DISCUSSION AND BACKGROUND
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to states and units of local government. In October 2022, the U.S.

Department of Justice approved the application for funding under the 2022 Edward Byrne Memorial JAG Program. The joint allocation amount awarded to the County of Orange is $464,954, of which $11,963 was awarded to the City of Orange Police Department to support the purchase of tactical City of Orange Page 1 of 2 Printed on 1/5/2023
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Item #: 3.4. 1/10/2023 File #: 22-0679
shields for front-line officers.

As a condition of past awards, the Bureau of Justice Assistance imposed an administrative requirement for JAG award recipients that are not compliant in the National Incident Based Reporting System (NIBRS), to dedicate three percent of their JAG award toward full compliance of the FBI’s NIBRS data submission requirement. For the 2022 JAG grant, a NIBRS set-aside is no longer required; however, JAG recipients are encouraged to continue working toward NIBRS compliance. As of June 2022, the department completed implementation of the NIBRS module. To become NIBRS certified, agencies must submit incident-based data for six consecutive months and sustain an error rate of four percent or less for three separate, consecutive data submissions. At this time, the department continues to work with the Criminal Justice Information Services Division to become NIBRS certified. The department’s error rate is currently six percent.

The Orange Police Department’s 2022 jurisdictional project identified the need to secure rifle rated tactical shields necessary to resolve critical incidents. There is a unanimous agreement that new tactical shields for patrol be rifle rated, lightweight, and include a viewport to maneuver through various obstacles. Current shields, assigned to patrol sergeant vehicles, do not have the same caliber rating, are heavier, and less maneuverable compared to modern tactical shields. In addition, shields with desired caliber rating reside with the department’s Special Weapons and Tactics team.

The addition of rifle rated tactical shields will be deployed to patrol sergeant vehicles, who are first on scene, to effectively manage any threat level. Tactical shields are essential in helping minimize injuries to safety personnel, enhance safety, and allow the department to better serve the community.

The department intends to purchase four additional rifle rated tactical shields to outfit patrol officers.

The cost per shield is approximately $3,535; for a total cost of approximately $15,367 including tax and shipping. The proposed JAG Grant will provide funding up to $11,963, and the remaining costs will be funded from Asset Forfeiture (355).

The County of Orange is requesting approval of an agreement that allocates the City’s 2022 JAG funds as follows: $1,329 for grant administrative fees and $11,963 retained by the City.

7. ATTACHMENTS
· JAG MOU Award No. 15PBJA-22-GG-02074-JAGX
City of Orange Page 2 of 2 Printed on 1/5/2023
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Agenda Item
City Council
Item #: 3.4. 1/10/2023 File #: 22-0679
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with the County of Orange for Fiscal Year 2021-2022 Edward Byrne Memorial Justice Assistance Grant.

3. RECOMMENDED ACTION

2. Accept into the City’s revenue budget an $11,963 grant from the County of Orange, into revenue account number 353.4011.45150.30214, Federal Grants - 2022 JAG.

3. Authorize the appropriation of $11,963 into expenditure account number 353.4011.55131.30214, Equipment - 2022 JAG.

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

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

Department of Justice approved the application for funding under the 2022 Edward Byrne Memorial JAG Program. The joint allocation amount awarded to the County of Orange is $464,954, of which $11,963 was awarded to the City of Orange Police Department to support the purchase of tactical City of Orange Page 1 of 2 Printed on 1/5/2023
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Item #: 3.4. 1/10/2023 File #: 22-0679
shields for front-line officers.

The department intends to purchase four additional rifle rated tactical shields to outfit patrol officers.

The County of Orange is requesting approval of an agreement that allocates the City’s 2022 JAG funds as follows: $1,329 for grant administrative fees and $11,963 retained by the City.

7. ATTACHMENTS
· JAG MOU Award No. 15PBJA-22-GG-02074-JAGX
City of Orange Page 2 of 2 Printed on 1/5/2023
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MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE (SHERIFF) AND THE CITY OF ORANGE TO DISTRIBUTE THE 2022 EDWARD BYRNE MEMORIAT FUND - JUSTICE ASSISTANCE GRANT'tAG"
Participants
Participants hereto acknowledge the County of Orange as lead fiscal agent in charge of programmatic oversight and administration of funds and compllance over all eligible participant law enforcement agencies, hereinafter referred to individually as "Party" and jointly as "the Parties."
. Putpose
The purpose of this Memorandum of U nderstanding (MOU) is to support of the objectives of the Office ofJustice Programs, expressly those identified as Priority Purpose Areas (PPAs) for the term of this award.
t. Prcgrum Overview ond Desuiption oI Prcied(s)
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of criminal justice related activities based on their own state and local needs and conditions. Equipment purchases or funded initiatives such as overtime, task forces, drug programs, information sharing, etc. will be aimed at reducing crime and/or enhancing public/officer safety.

JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs;7) crime victim and witness programs (other than compensation); and 8) mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams. The county of orange (Sheriff) will determine validity of each project included in the application lof2
l.

AWARD #15PBJA-22-GG42074-IAGX AWARD DATE:09126122 ACCEPTANCE DATEz tolL8l22 35 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE (SHERIFF} AND THE CIW OF ORANGE TO DISTRIBUTE THE 2022 EDWARD BYRNE MEMORIAL FUND -JUSTICE ASSISTANCE GRANT "JAG"
AWARD #15PBJA-22-GG-02074-JAGX AWARD DAIE.O9126122 ACCEPTANCE DATE: LOlLSlZz and subsequent awards. JAG funding will be used to support criminal justice initiatives that fall under one or more ofthe allowable program areas above.

This award is subject to all terms and conditions of the Brant and administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-onhand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate.

THE UNDERSIGNED PARTIES HERETO ACKNOWLEDGE THE RECEIPT OF FUNDS FROM THE DEPARTMENT OF IUSTICE AND TRANSFER OF FUNDS FROM COUNTY TO MUNICIPAL GOVERNMENTS.

COUNTY OF ORANGE
ORANGE COUNTY SHERIFF DON BARNES on behalf of

COUNTY EXECUTIVE OFFICER, FRANK KIM

AUTHORIZED SIG RY

ORANGE COUNTY SH ERIFF'S DEPARTMENT

FINANCIAL/ADMINISTRATIVE SERVICES DIVISION

FINANCIAL DIRECTOR
OfFICE O, Ji:;Y COJ'''SIL
OMNGE COU,ri r'. CAll(OfflilA
LJ7 /,1 / u0'a
,il (nY/t*.

AUTHORIZED SIGNATORY
l
2of2

AUTHORIZED SIGNATORY

ORANGE CITY

ORANGE POLICE DEPARTMENT
CIry MANAGER
tfk*
/a 36
U.S. DEPARTMENT oF JusrlcE
OFFtcE oF JusrtcE PRoGRAMS
Edward Byrne Justice Assistance Grant Program FY 2022 Local Solicitation Certifications and Assurances by the Chief Executive of the Applicant Government On behalf of the applicant unit of local government named below, in support of that locality's application for an award under the FY 2022 Edwatd Byrne Justice Assistance Grant ("JAG") Program, and further to 34 U.S.C. S 10153(a), I certify to the Office of Justice Programs ('OJP"), U.S. Department of Justice ('USDOJ"), that all of the following are true and correct:
1 . I am the chief executive of the applicant unit of local government named below, and I have the authority to make the following representations on my own behalf as chief executive and on behalf of the applicant unit of local government. I understand that these representations will be relied upon as material in any OJP decision to make an award, under the application described above, to the applicant unit of local government.

2. I certify that no federal funds made available by the award (if any)that OJP makes based on the application described above will be used to supplant local funds, but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities.

3. I assure that the application described above (and any amendment to lhat application) was submitted for review to the governing body of the unit of local government (e.9., city council or county commission), or to an organization designated by that governing body, not less than 30 days before the date of this certification.

4. I assure that, before the date of this certiflcation- (a) the application described above (and any amendment to that application) was made public; and (b) an opportunity to comment on that application (or amendment) was provided to citizens and to neighborhood or community-based organizations, to the extent applicable law or established procedure made such an opportunity available.

S. I assure that, for each fiscal year of the award (if any) that OJP makes based on the application described above, the applicant unit of local government will maintain and report such data, records, and information (programmatic and financial), as OJP may reasonably require.

6. thave carefu y reviewed 34 U.S.C. S 10153(aX5), and, with respect to the programs to be funded by the award (if any), I hereby make the certifiaation required by section 10153(aX5), as to each of the items specified therein.

Signature of Chief Executive of the Applicant Unit o
Local Government
Tom Kisela
Printed Name of Chief Executive
Date of Certification
City Manager
Byrne Justice Assistance Grant "JAG" Program
Name of Applicant Unit of Local Governmenl
Rev. April 26, 2022
Title of Chief Executive
37 Agenda Item
City Council
Item #: 3.5. 1/10/2023 File #: 22-0693
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Agreement with CSA Holdings, Inc. for maintenance and renovation of City sports fields.

2. SUMMARY
A four-year agreement, not-to-exceed $300,000, to provide maintenance and renovation services as directed to ensure safe and acceptable playing conditions at City sports fields, based on the intended use, assigned level of play, and resources available.

3. RECOMMENDED ACTION
Approve agreement with CSA Holdings, Inc. in an amount of $300,000 for sports field maintenance and renovation; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $300,000 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
d: Effectively manage and develop City assets
Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces

6. DISCUSSION AND BACKGROUND
The City currently maintains 22 baseball and softball fields, seven soccer fields, one football field, and multiple sport field overlays for soccer and football on multi-use fields. These fields require seasonal and periodic maintenance services, such as thatch removal, over-seeding, sod replacement, infield material replacement, grading, pitching mound rebuilding, etc., for a safe playable condition. The current agreement to provide these services expires at the end of February 2023.

A Request for Proposals (RFP) was issued for sports field maintenance and renovations. The RFP included experience in performing similar work, depth of experience, qualifications of staff, inventory of equipment available to perform the work, and unit costs for specific maintenance tasks for all sports fields in the City’s inventory. Only one proposal, submitted by CSA Holdings, Inc. dba Sports City of Orange Page 1 of 2 Printed on 1/5/2023
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Item #: 3.5. 1/10/2023 File #: 22-0693
Field Services (CSA), was received.

CSA has direct qualifications and experience in sports field maintenance and is the City’s current sports field maintenance and renovation contractor. CSA has provided quality service and has maintained the City’s high level of playing fields.

The proposed agreement provides for a scope of service with associated unit costs, which allows staff to select specific tasks required by each field. Multiple user groups use City sports fields and are required to reimburse the City a corresponding amount each season for restorative work on the fields they use. These funds offset the General Fund burden for a large majority of the work performed under this agreement. The remainder of the work includes other sports field renovation or maintenance work that is necessary to maintain fields for use by the general public.

The term of this proposed agreement is for four years with a unit cost increase of 5% per year.

Although the increase affects the unit costs, the annual not to exceed amount of the contract will remain at $75,000 per year. The total, not to exceed agreement is $300,000.

Work by the contractor will only occur as directed by City staff; and when funding is available through the annual budget process, from funds derived from user group reimbursements, or other appropriated resources.

7. ATTACHMENTS
· Maintenance Services Agreement
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Agenda Item
City Council
Item #: 3.5. 1/10/2023 File #: 22-0693
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Agreement with CSA Holdings, Inc. for maintenance and renovation of City sports fields.

4. FISCAL IMPACT
The total expenditure for this agreement is $300,000 and will be funded through General Fund (100).

A Request for Proposals (RFP) was issued for sports field maintenance and renovations. The RFP included experience in performing similar work, depth of experience, qualifications of staff, inventory of equipment available to perform the work, and unit costs for specific maintenance tasks for all sports fields in the City’s inventory. Only one proposal, submitted by CSA Holdings, Inc. dba Sports City of Orange Page 1 of 2 Printed on 1/5/2023
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Item #: 3.5. 1/10/2023 File #: 22-0693
Field Services (CSA), was received.

The term of this proposed agreement is for four years with a unit cost increase of 5% per year.

Although the increase affects the unit costs, the annual not to exceed amount of the contract will remain at $75,000 per year. The total, not to exceed agreement is $300,000.

7. ATTACHMENTS
· Maintenance Services Agreement
City of Orange Page 2 of 2 Printed on 1/5/2023
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MAINTENANCE SERVICES AGREEMENT
[Maintenance Services for Sports Field Maintenance]
THIS MAINTENANCE SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of ______________________, 2023 by and between the CITY OF ORANGE, a municipal corporation (“City”) and CSA HOLDINGS, INC., a California Corporation, dba SPORTS FIELD SERVICES (Contractor”), who agree as follows.

1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A,” which is attached hereto and incorporated herein by this reference. As a material inducement to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is experienced in performing the work and will follow the highest professional standards in performance of the work. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices.

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

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

2. Total Compensation, Annual Compensation and Fee Schedule. a. Contractor’s total compensation for all services performed under this Agreement, shall not exceed THREE HUNDRED THOUSAND DOLLARS and 00/100 ($300,000.00) without the prior written authorization of City. b. The compensation for services performed under this Agreement shall be paid as specified in Exhibit “B.”
c. The above fee shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto and equipment rental, and all related expenses.

3. Payment.
a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
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b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. c. City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice.
d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

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

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

6. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement.

City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement.

Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that it and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

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

Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.

8. Designated Persons. Except as otherwise authorized by City’s Project Manager, only the employees of Contractor shall perform work provided for under this Agreement. It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.
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9. Assignment or Subcontracting. No assignment or subcontracting by Contractor of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has had the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or designee.

10. Term. The term of this Agreement shall be for 4 (four) years, commencing on March 1, 2023, and ending on February 28, 2027.

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

12. Reserved.

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

14. Reserved.

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

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

17. Indemnity.
a. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:
(1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and (2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City.

Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.
b. Reserved.
c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement.
d. The indemnities set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.

18. Insurance.
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a. Contractor shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any workers’ compensation benefits under any City program.
b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ($1,000,000.00) per occurrence. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis. c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($1,000,000.00). Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis. d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement. e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Agreement.
f. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy. Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above. g. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.
h. All insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. i. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City. In 46 6
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. j. 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. k. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.

19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than five (5) days’ written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise. Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

20. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement.

Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.

21. Compliance with Laws/Background.
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement. b. The work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers and shall comply with all statutory requirements thereunder. Statutory provisions for penalties for failure to comply with prevailing wage laws will be enforced. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR). 47 7
Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring. c. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and (2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and
(3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and (4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration. d. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.
e. Contractor shall require all subcontractors to make the same representations and warranties as set forth herein.
f. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City. g. All personnel performing any services to City under this Contract shall possess sufficient experience and security records to perform the work at public facilities. Contractor shall conduct and complete, to City’s satisfaction, sufficient background checks to ensure no personnel performing services under this Contract is listed on the National Sex Offender Public Registry (“NSOPR”). Contractor shall monitor personnel security records to ensure no existing or new employees performing services under this Contract are added to the NSOPR or convicted of any crimes that would disqualify them from adhering to conduct conducive to public safety. 48 8
h. All costs associated with the documentation and verification required herein shall be borne by Contractor. Contractor shall require all subcontractors to provide the same documentation and verification when hired to perform services under this Contract. City has the right, in its sole and absolute discretion, to reject any employee of Contractor assigned to perform services for City, with or without cause, at the time of such assignment or at any time thereafter, and Contractor shall remove that employee from providing services to City to the extent permitted by law and any applicable collective bargaining agreement. City’s rights under this Article shall not be exercised in an arbitrary or capricious manner, or with the intent of forcing a termination of this Contract i. Contractor agrees to 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 Agreement.

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

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

24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally, by e-mail, or by first class 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 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”
Sports Field Services City of Orange
27762 Antonio Pkwy L1-609 300 E. Chapman Avenue
Ladera Ranch CA, 92694 Orange CA, 92866-1591
Attn.: Mannie Adams Attn.: Paul Miller
Telephone: 951-232-2401 Telephone: 714-532-6472
E-Mail: [email protected] E-Mail: [email protected]

25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.
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[Remainder of page intentionally left blank; signatures on next page] 50 10
IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.
“CONTRACTOR” “CITY”
CSA HOLDINGS INC., dba Sports Field CITY OF ORANGE, a municipal corporation Services, a California corporation
*By: By:

Printed Name:

Title:
*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

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

Daniel R. Slater, Mayor
51 EXHIBIT “A”

SCOPE OF SERVICES
[Beneath this sheet.]
52 CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT www.cityoforange.org PHONE: (714) 744-7274 FAX: (714) 744-7251

SPORTS FIELD RENOVATION
REQUEST FOR PROPOSALS (RFP) NO. 22-23.14
BID DUE DATE: NOVEMBER 3, 2022
TIME: 2:00 PM
The documents contained in this Request for Proposal document are considered to be the invitation and not the full final representation of the documents needed to submit a successful response to the proposal or proposal described herein.

Interested bidders should subscribe to receive proposal updates and notifications via the City’s website at:
https://public.govdelivery.com/accounts/CACITYORANGE/subscriber/new as well as emailing [email protected] to be added to the contact list for this specific proposals list in order to receive emailed updates of any revised/additional information and addenda.

It is the responsibility of the interested bidder to request being added to the proposal list and to check the website frequently to look for any additional updates.

Project Name: SPORTS FIELD RENOVATION
Location Address: El Camino Real Park 400 N. Main St. Orange, Ca. 92868 El Modena Park 555 S. Hewes St. Orange, Ca. 92869
Handy Park 2143 E. Oakmont Ave. Orange, Ca. 92867
Hart Park 701 S. Glassell St. Orange, Ca. 92866
McPherson Athletic Center 333 S. Prospect Ave. Orange, Ca. 92869 Olive Park 2841 N. Glassell St. Orange, Ca. 92865
Shaffer Park 1930 N. Shaffer St. Orange, Ca. 92865
Grijalva Park 368 N. Prospect St. Orange, Ca. 92869
Steve Ambriz Memorial Park 611 W. Riverbend Pkwy. Orange, Ca. 92865 Fred Barrera Park 8380 E. Serrano Ave. Orange, Ca. 92869 Belmont Park 4536 E. Via Escola Ave. 92865
Contact Name: Paul Miller, Park Maintenance Supervisor
Phone Number: 714-532-6472
E-mail Address: [email protected]

EXHIBIT A
53 PROJECT DESCRIPTION:

The City of Orange, CA, a Municipal Corporation, requests proposals from qualified Sport Field Renovation/Installation Firms to provide periodic maintenance and renovation work at city sport fields including baseball, softball, football and soccer fields and decomposed granite (DG) walkways throughout various parks; locations of said sport and ball fields are shown within this Request For Proposal (RFP).

GENERAL PROVISIONS:

1. A recommended (Not Mandatory) job walk is scheduled for Tuesday, October 18, 2022 at 9:00 a.m. on the north side of El Camino Real Park, 400 N. Main Street, Orange, CA 92868. A City representative will provide a tour of this facility which is representative of all sports fields in the City. At the conclusion of this tour, the City representative will be available to tour any other City facility listed on this RFP if requested.

2. NOTE: All construction work shall be performed in adherence to the City of Orange Public Works Standard Plans and Specifications (available at the Public Works counter for NONREFUNDABLE charge of $12.00 ($15.00 if mailed) and the current edition of the “Green Book” for ‘Standard Specifications for Public Works Construction’.

3. Contractor shall, at all times, carry valid insurance, which meets all City of Orange insurance requirements as outlined in Attachment No. 1.

4. Contractor shall pay prevailing wages per the current Department of Industrial Relations wage rate (including all scheduled increases) and furnish Certified Payroll Reports for all workdays.

5. The contractor is responsible for carrying/acquiring all pertinent licenses/permits for accomplishing this work. Contractors bidding for work on this project must hold an active State of California Contractors License; C-27 - Landscape Contractor.

6. All work shall conform to the specifications contained in the RFP and any subsequent agreements.

7. Working hours will be per City of Orange ordinance; 7:00 am till 3:30 pm. Weekend work will only take place with permission from the City of Orange.

8. All vehicles used by the contractor are to be identified with door signs (approx. 20” x 16”, magnetic sign okay) or equivalent with the company name and phone number. These need to be visible from both sides of said vehicle.

9. Uniforms: All of contractor’s employees shall wear appropriate uniforms at all times while on duty. Uniforms must have the contractor’s name.

10. Background/Security: All personnel engaged in performance of this work shall be employees of the contractor and as such shall be warranted to possess sufficient experience and security records to perform this work.

SCOPE OF WORK, PROJECT SPECIFICATIONS, and SUBSEQUENT PRICING:

1. Sod cut turf at back radius of baseball/softball infield areas as required, remove elevated grade at back radius, re-grade and install new sod. Roll new sod with 1-ton smooth double drum roller.

Price per square ft.:

2. Regarding over seeding turf areas: Scalp grass areas to a cut height of 3/8 inches. Sweep, rake, and vacuum up the clippings that are generated from the scalping operation. Apply 10 pounds of Perennial Ryegrass seed per 1000 square feet. Seed will be applied using a tow-behind slit seeder. Slit seeder will make two passes on each field, with half of the seed applied in each pass.

The passes of the slit seeder will be approximately perpendicular to each other. Areas where the 54 slit seeder cannot apply the seed, ex. around trees, valve boxes, obstructions, etc., seed will be applied with handheld spreader at a similar rate as the slit seeded application. After the seed is applied, a cover of approved organic topdressing will be applied over all seeded areas at a rate of 1/8 inch to 1/4-inch thickness.

Price per square ft.:

3. Water, rototill softball/baseball infields (4 in. deep); import and incorporate infield mix (amount may vary depending on conditions); laser grade, water and compact.

Price per square ft.:

4. Import mound clay for pitcher’s mound and batter’s box areas (amount may vary depending on conditions) as required; fill, grade and tamp new material for pitcher’s, batters' and catcher's box areas.

Price per square ft.:

5. Aerate outfield or soccer/football field turf areas by removing half inch (1/2”) diameter by 4 inch (4”) deep cores with an aerator machine at not more than six inch (6”) spacing. Rake up and remove soil plugs; fertilize turf per City of Orange specifications.

Price per square ft.:

6. Reno thatch back radiuses of infields and base path areas to reduce ‘lips’ in lieu of sod patching per item #1. Sweep and remove all waste.

Price per square ft.:

7. All other work not detailed in this RFP to be at Daily Crew Rate (DCR). Identify size and classification of crew; equipment to be included in DCR pricing.

Price per DCR:

Size, Classification, and Description of Crew:

8. Contractor shall provide a cost for a semi-annual evaluation of all sports fields. At the City’s request, the contractor will provide written evaluations each year in March and again in September on every field detailing:
a. Replacing sod
b. Overseeding
c. Importing infield mix
d. Repairing / reconstructing pitching mounds and home plate area e. Aeration
f. Repairing back infield radius
g. Laser grading
h. Other recommendations
**No cost estimations are required in the field evaluations. 55 Price for March Evals:

Price for October Evals:

9. Renovate Decomposed Granite Walkways
a. Furnish all labor, materials, and equipment for the complete installation of decomposed granite paving and renovation.
b. Binding Material: shall be included in the decomposed granite material and shall be a non-toxic, colorless, odorless, organic binder as distributed by “Stabilizer”, Phoenix Arizona (800) 336-2468 or accepted equal.
c. Grading of trail tread may require implementation of water control/diversion techniques and/or devices.
d. Upon completion of grading operations, compact the subgrade at the required elevation to a relative compaction density of 95%.
e. No material shall be placed in muddy conditions, nor shall any material be placed during or immediately after inclement weather, i.e., rainstorms, etc. f. Prior to placement of crushed granite material, thoroughly combine binder into granite fines as a concentrated powder, uniformly and thoroughly rototilled to achieve a uniform mixture.
g. Spread crushed granite fine/binder material in lifts no greater than one half inch (1-1/2”). h. Wet and roll each lift to form a uniform, smooth surface with a cross slope of 2%.

Compact each lift to a 95%.
i. Thoroughly clean all areas where work has occurred. Remove from site excess material, debris and rubbish.

Price per square ft.:

SITE PREPARATION:

1. The Contractor is responsible for making himself familiar with all existing site conditions at the City of Orange sports field sites including all ingress/egress access and all amenities that are to be protected, as well as existing landscape spaces that are to be protected in place.

2. The Contractor is responsible for accurate site layout and elevations of all project amenities/furnishings per approved plans.

3. At the conclusion of each day’s work, the contractor shall remove all tools and equipment from the project site. The project site shall be left each day in a clean, neat and safe condition.

4. If the project site cannot for any reason be left in a safe condition at the end of any day, the contractor will supply temporary barrier fencing during construction. Barrier fencing to be six feet tall chain-link free-standing type. Fencing to surround entire area of construction.

CONSTRUCTION:

1. The Contractor is responsible for any/all demolition and disposal of all trash/debris off site.

2. The Contractor is responsible for all construction, purchase and installation of all amenities and furnishings as called out.

3. All work is to be completed as described.
56 SPECIAL INSTRUCTIONS:

1. The City reserves the right to reject at any time any or all proposals, or parts thereof, and to waive any variances, technicalities and informalities which do not impair the quality, or performance of the project.

2. The City reserves the right to reject any contractor who they feel does not meet a qualifying work experience or satisfying references.

3. The City reserves the right to reject at any time any or all proposals, or parts thereof, and to waive any variances, technicalities and informalities which do not impair the quality, or performance of the project.

4. All square foot and linear foot totals listed in this RFP, and/or plans are approximate. The contractor is responsible for all measurements (linear and square foot) included in this bidding package and/or approved plans.

5. The contractor is responsible for the repair of any existing site amenities, inside or outside of the facility, including but not limited to: concrete, landscape, storm drain, supply lines, sprinklers, light poles that are damaged during the implementation of this work. Any and all replacement work will be performed to the satisfaction of the City of Orange. Any damages to City or residential property resulting from the contractor’s work shall be repaired or replaced at the contractor’s expense to the satisfaction of the City of Orange.

6. The contractor is required to provide and post appropriate signage directing/redirecting any and all pedestrian traffic in appropriate directions, per City of Orange.

AGREEMENT PROVISIONS:
• The term of this agreement between the City of Orange and the contractor shall be for four (4) years.
• If there are any annual changes in pricing, they shall be shown separately and as a percent (%).

Scope of Work Notes:
• Removals of all waste from sites are to be included in all line item costs as applicable dump fees are the responsibility of the contractor.
• Sod shall be ‘Hybrid Bermuda’ from ‘West Coast Turf”, over seeded in winter months with perennial ryegrass.
• Pitcher’s mound and batter’s box clay shall be per City standard- Stabilizer Ballyard Clay or equal.
• Stabilized DG infield mix shall be per City standard- Angel Mix or City approved equal. • Materials shall not be included in line-item costs. Materials will be charged at cost plus 15%. • All bid items shall reflect the cost of the required labor, administration, equipment and overhead cost necessary to complete each line-item task (material cost shall be excluded from line-item cost).

SPECIAL INSTRUCTIONS:

The Sport Field Renovation/Installation firm is to include within this request for proposal the following:

1. A cover letter that conforms to the following:
a. Signed by a person authorized to bind the firm contractually. 57 b. Provides the name, title, address, and telephone number of the individual to whom correspondence and other contacts should be directed during the selection process. c. Provides the name, title, address, and telephone number of the individual who will negotiate with the City and is authorized to contractually bind the firm.

2. Sport Field Renovation/Installation Firm Information:
a. Legal name of firm and type of organization.
b. Valid California landscape contractors license number. Also include any additional licensing and/or certifications that demonstrate expertise or proficiency for services as described in this RFP.
c. Firm location(s) and phone number(s).
d. Date firm established.
e. Number of employees.
f. Name, position, summary of qualifications and related experience, and proposed responsibilities of the firm’s project manager and key personnel on the proposed project team, including any subcontracted positions. Submit team member resumes as an attachment.
g. List of equipment owned by the firm that enables them to provide the renovation/installation work as described within this RFP.

3. Sport Field Renovation/Installation Firm experience and references:

Provide a brief description of five (5) projects for which the firm has provided a comparable or similar, but not limited to, renovation/installation work during the past five years. Include the following:
a. Client name, contact name, and phone number.
b. Project description and location.
c. Dates of the project(s).
d. Description of services provided.
e. Total cost of services provided.
f. Budget performance.
g. Ability to meet the established schedule.
h. Key personnel involved.

SELECTION CRITERIA:

Evaluation of the proposals shall be based upon a competitive selection process. The evaluation of proposals will not be limited to price alone. The City will select the most qualified bidder based on demonstrated competence, experience, references, and qualifications for services to be performed.

The City also reserves the privilege of interviewing the top candidates. Competitive selection evaluation criteria will be shown as a ‘% of 100%’ and structured as follows:

1. Responsiveness to the overall request for information within this RFP. (15%) WEIGHT

2. Sport Field Renovation/Installation Firms overall qualifications including but not limited to licensing, insurance, qualifications and capacity of the firm’s employees, key personnel and the ability to provide the necessary equipment needed to provide the work as describe within this RFP.
(20%) WEIGHT
58 3. The Sport Field Renovation/Installation Firms experience. (25%) WEIGHT

4. References. (15%) WEIGHT

5. Price. (25%) WEIGHT
RFP SUMMARY:

The undersigned as bidder declares that he/she has carefully examined the location of the proposed work, and hereby proposed and agrees, if the proposal is accepted, to do all work required to complete the said work for the price set forth. The undersigned has checked all words and figures inserted in the RFP submittal and understand that the City of Orange will make no allowance for any error or omission on the part of the undersigned. The undersigned has thoroughly read and understood all 6 pages of this RFP.

The CITY OF ORANGE reserves the right, and is hereby granted the right, to reject any and all proposals, to accept other than the lowest proposal, and to waive any informality in the bids.

Authorized Signature___________________________________________________________ Printed Name: ________________________________________________________________ Title: ________________________________________________________________________ Name of Company: _____________________________________________________________ State License Number and Classification Designation: _________________________________ Executed this________day of_________________, 2022 at_____________, California.

MISCELLANEOUS:

The Sports Field Renovation/Installation firm represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The Sports Field Renovation/Installation firm represents that it is experienced in performing the work and will follow professional standards in performance of the work. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices.

The City reserves the right to revise this RFP prior to the date the proposals are due. Revisions to the RFP will be sent to all participants. The City reserves the right to procure or contract for work. All proposals submitted in response to this RFP become the property of the City and are public record.

The City reserves the right to delay or cancel, in part or in its entirety, this RFP including, but not limited to: selection schedule; submittal date; and submittal requirements. All consultants shall be notified of any cancellation or revisions prior to the submittal date. The City also reserves the right to request additional information and/or clarifications regarding any proposals received. 59 ********************************************
TIMELINE (APPROXIMATE):

1. Job walk: October 18, 2022 at 9:00 am.

2. Deadline for questions regarding project/RFP: October 20, 2022 by 2:00 p.m.

3. Proposals due/bid opening: November 3, 2022 by 2:00 p.m.

4. Presentation to City Council: December 13, 2022

5. Notice to Proceed: TBD
PROPOSAL SUBMISSIONS:

Provide responses to the above REQUEST FOR PROPOSAL on attached Proposal Sheet and return all pages of the Request for Proposal (including the scope and specification sections), references, and proposal bond. All ‘Price’ and ‘% increase’ information requested within this Request For Proposal must be completed and provided or else the submitted proposal will be considered incomplete.

Proposals must be received on November 3, 2022 by 2:00 P.M. at the City of Orange City Clerk’s Office (300 E. Chapman Ave., Orange, CA 92866). Responses may be sent via U.S.

Mail, or delivered personally to the above address. Please provide three copies of proposal packets.

Proposal packets must be labelled appropriately:

RFP 22-23.14- SPORTS FIELD RENOVATION
ATTN: City Clerks Office
The City reserves the right to reject any and all Proposals and any item on items therein, and to waive any non-conformity of Proposals with this Request for Proposal, whether of a technical or substantive nature, as the interest of the City may require. 60 CITY OF ORANGE

COMMUNITY SERVICES DEPARTMENT
230 E. CHAPMAN AVENUE
ORANGE, CALIFORNIA 92866-1591
(714) 744-7274
Company Name (Bidder)
TO THE CITY COUNCIL OF THE CITY OF ORANGE:

In compliance with the notice inviting bids, plans, specifications and other contract documents for the construction of Bid No. 22-23.14; SPORTS FIELD RENOVATION, the undersigned has carefully examined: the location of the proposed work, character, quality and quantity of work to be performed, conditions to be encountered, materials to be furnished and as to the requirements of the plans, specifications and other contract documents; agrees that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination; and proposes to furnish all labor, materials, tools, and equipment necessary to complete the work in accordance with said plans, specifications and other contract documents at the following unit or lump sum prices set forth in the schedule.

Contractor agrees to commence the work provided within ten (10) days of the date herein above stated and to diligently prosecute completion of the work in the time period agreed to by and between the representatives of the parties.

The undersigned agrees that the foregoing estimate of quantities of work to be done and materials to be furnished are approximate only, being given as basis for the comparison of bids.

The undersigned agrees that the City will not be held responsible if any of the approximate quantities shown in the foregoing proposal shall be found incorrect, and shall not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of work as estimated and the work actually done. If any error, omission or mis-statement shall be discovered in the estimated quantities, it shall not invalidate this contract or release the undersigned from the execution and completion of the whole or part of the work herein specified, in accordance with the specifications and the plans herein mentioned and the prices herein agreed upon and fixed therefore, or excuse him from any of the obligations or liabilities hereunder, or entitle him to any damages or compensation otherwise than as provided for in this contract.

The undersigned agrees that the City shall have the right to increase or decrease the quantity of any bid item or portion of the work or to omit portions of the work as may be deemed necessary or expedient, and that the payment for incidental items of work not separately provided in the proposal shall be considered included in the price bid for other various items of work.

Accompanying this proposal is ($ )
NOTICE: Insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Orange to guarantee that the bidder will, if awarded the contract, promptly execute such contract in accordance with the 61 proposal and in the manner and form required by the contract documents, and will furnish good and sufficient bonds for the faithful performance of the same.

The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Orange as liquidated damages in case this proposal is withdrawn by the undersigned and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 15 days after the bidder has received written notice of the award of the contract; otherwise, said security shall be returned to the undersigned.

Bidder hereby declares in writing, under penalty of perjury that all employees who will be performing labor, maintenance, delivery, installation or repair, will be those who are legally entitled to live and work in the United States. Further, the bidder as employer agrees to provide documentary proof of such eligibility (when requested by the City of any other authorized entity or agency).

Bids are to be submitted for the entire work. The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item. In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;
(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage wise the unit price or item total in the City of Orange Final Estimate of cost.

If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.

Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.

The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the City of Orange, and that discretion will be exercised in the manner deemed by the City of Orange, to best protect the public interest in the prompt and economical completion of the work. The decision of the City of Orange respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final. 62 LIST OF SUBCONTRACTS
A. The undersigned intends to subcontract a portion of this project to the following subcontracts (Note: Refer to Section 2.3 of the Standard Specifications and Section 4100 through 4113 of the California Contract Code for SUBCONTRACT DISCLOSURE REQUIREMENTS.

NAME OF SUBCONTRACTOR LICENSE BID ITEM NUMBER(s) PERCENT OF CHECK IF DESCRIBE WORK WHEN $ AMOUNT AND ADDRESS NO. BID ITEM
SUBBED
SPECIALITY LESS THAN 100% OF WORK

IS SUBBED

BASED ON

BID AMOUNT
$
B. The undersigned DOES NOT INTEND to subcontract any portion of this project.

NOTE: The bidder shall check Box A or B as applicable. If the bidder does not check either box, it will be deemed that he has checked Box B.

Signature of the Bidder
63 PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has convicted
, has not been
within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No
If the answer is yes, explain the circumstances in the following space.

Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
64 Non-collusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF ORANGE – DEPARTMENT OF COMMUNITY SERVICES In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
65 DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes:Providing false information may result in criminal prosecution or administrative sanctions.

The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. 66 The undersigned bidder hereby represents as follows:

That no Councilman, officer, agent, or employee of the City of Orange, is personally interested, directly or indirectly, in the Contract, or the compensation to be paid hereunder:

That this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud.

By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this proposal I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.

Date:

Signature and Title of Bidder
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, also names of President, Secretary, Treasurer and Manager thereof).

NAME OF BIDDER
BUSINESS P.O. BOX

CITY, STATE, ZIP

BUSINESS STREET ADDRESS
(Please include even if P.O. Box is used)

CITY, STATE, ZIP
PLACE OF BUSINESS (Include City & State)
PLACE OF RESIDENCE (Include City & State)
Telephone No. ( ) Fax No. ( )
Licensed in accordance with an Act providing for the registration of Contractors.

LICENSE NUMBER

LICENSE CLASS
67 Attachment 1: SPORTS FIELD RENOVATION
Sample Liability Insurance
Contractor shall procure and maintain for the duration of this Agreement 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 the Contractor, his agents, representatives, employees or subcontractors.

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01).

2. Insurance Services Office Form Number CA 00 01 covering Automobile Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

Contractor shall maintain limits no less than:

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.

Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, it officers, officials and employees; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:
68 1. The City, its officers, officials, agents and employees are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations.

General Liability coverage shall be provided in the form of an Additional Insured Endorsement (Insurance Services Office, Inc. Form CG 20 10 11 85 or such other form as may be acceptable to the City) to the Contractor’s insurance policy, or as a separate owner’s policy.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials and employees. Any insurance or selfinsurance maintained by the City, its officers, officials and employees shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice has been provided to the City
The Contractor shall furnish the City with original certificates of insurance and endorsements effecting coverage required by this clause. The endorsements should be on forms acceptable to City. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. The 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.

All insurance procured and maintained by the Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in the State of California and having a rating of Grade A or better and Class VII or better by the latest edition of Best's Key Rating Guide.

Contractor shall immediately notify the City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by the City. In such a case, the 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.

Contractor hereby agrees to waive subrogation, which any insurer of the Contractor may acquire from the Contractor by virtue of the payment of any loss. The Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

The Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein.
69 EXHIBIT A
70 71
72 73
74 75
76 77
78 79
80 81
82 83
84 85
86 87
88 89
90 EXHIBIT “B”

COMPENSATION FOR SERVICES
[Beneath this sheet.]
91 Compensation for CSA HOLDINGS, INC., dba SPORTS FIELD SERVICES Field Maintenance Services
Four-Year Term
March 1, 2023 to February 28, 2027
Year 1: 03/2023 through 02/2024 $75,000.00
Year 2: 03/2024 through 02/2025 $75,000.00
Year 3: 03/2025 through 02/2026 $75,000.00
Year 4: 03/2026 through 02/2027 $75,000.00

EXHIBIT B
92 Agenda Item
City Council
Item #: 3.6. 1/10/2023 File #: 22-0694
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Agreement with Pyro Spectaculars, Inc., for fireworks display at the City of Orange 3rd of July Celebration.

2. SUMMARY
A five-year agreement , not to exceed $125,000, to provide professional fireworks display at the City’s annual 3rd of July Celebration events from 2023-2027.

3. RECOMMENDED ACTION
Approve agreement with Pyro Spectacular, Inc. in an amount of $125,000; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $125,000 and will be funded through the General Fund (100).

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

6. DISCUSSION AND BACKGROUND
Background
The City has offered the family-based 3rd of July Celebration annual event to the community for the last 27 years. This event brings approximately 10,000 community members together to celebrate our Nation’s birthday. Since its inception, in addition to the musical program provided by the Orange Community Master Chorale, a professional fireworks display has been a main component of this event. The City contracts with a pyrotechnic company to provide a professional, safe, and quality fireworks display. The current agreement to provide these services expired after the 2022 3rd of July Celebration.

Discussion
At the conclusion of the most recent agreement, staff solicited vendors and confirmed that Pyro Spectaculars, Inc. (Pyro) is the only local vendor available to provide the necessary services on the specified date. Zambelli Fireworks, the only alternative fireworks vendor in the area, informed staff City of Orange Page 1 of 2 Printed on 1/5/2023
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Item #: 3.6. 1/10/2023 File #: 22-0694
specified date. Zambelli Fireworks, the only alternative fireworks vendor in the area, informed staff they would decline the opportunity to participate in a formal Request for Proposal (RFP) due to other events scheduled on July 3. Pyro has been the City’s provider of fireworks at this event since 2000 and has provided high quality customer service and colorful firework displays.

As a result, staff is recommending the approval of a five-year agreement with Pyro Spectaculars for the 2023-2027 3rd of July Celebration firework displays. The scope of work includes 14-minute fireworks display as provided previously. Both a payment and cancellation schedule are included.

The annual cost is $25,000 per year, for a total of $125,000 over the five-year term. This is an additional $7,500 per year when compared to the prior agreement. Pyro noted the increase is due to the rising cost of inventory. When surveying other municipal agencies who offer firework displays, it was confirmed that this is a competitive price and reasonable increase. Sufficient funds for the 2023 fireworks display are included in the Fiscal Year 2022-23 (FY23) department budget. Funds to cover the fireworks display beyond FY23 will need to be included in future fiscal year annual budget appropriations.

7. ATTACHMENTS
· Fireworks Display Agreement
City of Orange Page 2 of 2 Printed on 1/5/2023
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Agenda Item
City Council
Item #: 3.6. 1/10/2023 File #: 22-0694
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Agreement with Pyro Spectaculars, Inc., for fireworks display at the City of Orange 3rd of July Celebration.

2. SUMMARY
A five-year agreement , not to exceed $125,000, to provide professional fireworks display at the City’s annual 3rd of July Celebration events from 2023-2027.

3. RECOMMENDED ACTION
Approve agreement with Pyro Spectacular, Inc. in an amount of $125,000; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $125,000 and will be funded through the General Fund (100).

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

Discussion
At the conclusion of the most recent agreement, staff solicited vendors and confirmed that Pyro Spectaculars, Inc. (Pyro) is the only local vendor available to provide the necessary services on the specified date. Zambelli Fireworks, the only alternative fireworks vendor in the area, informed staff City of Orange Page 1 of 2 Printed on 1/5/2023
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Item #: 3.6. 1/10/2023 File #: 22-0694
specified date. Zambelli Fireworks, the only alternative fireworks vendor in the area, informed staff they would decline the opportunity to participate in a formal Request for Proposal (RFP) due to other events scheduled on July 3. Pyro has been the City’s provider of fireworks at this event since 2000 and has provided high quality customer service and colorful firework displays.

7. ATTACHMENTS
· Fireworks Display Agreement
City of Orange Page 2 of 2 Printed on 1/5/2023
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1 FIREWORKS DISPLAY AGREEMENT
THIS FIREWORKS DISPLAY AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of ______________, 2023 (herein referred to as the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and PYRO SPECTACULARS, INC., a California corporation ("Contractor"), with its principal office for purposes of this agreement at 3196 N. Locust Avenue., in the City of Rialto, State of California, who agree as follows:

1. Term. The term of this Agreement shall commence on the Effective Date and shall terminate on July 30, 2027.

2. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the pyrotechnic services set forth in Exhibit “A”, which is attached hereto and incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is experienced in performing the work and will follow the highest professional standards in performance of the work. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices.

Rachael Gomez, Recreation Supervisor (herein referred to as the “City’s Project Manager”), shall be the person to whom the Contractor will report for the performance of services hereunder.

3. Compensation and Fees.
a. Except as otherwise expressly provided in this Agreement, Contractor's total compensation for all services performed under this Agreement shall not exceed TWENTYFIVE THOUSAND DOLLARS and 00/100 ($25,000.00) per year without the prior written authorization of the City, for a total of ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS and 00/100 ($125,000.00) over a five year term of this Agreement. b. The above fee shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses, and any applicable permit fees required by federal and state regulatory agencies.

4. Payment. In February of each year during the term of this Agreement, Contractor shall submit to City an invoice for TWELVE THOUSAND FIVE HUNDRED DOLLARS and 00/100 ($12,500.00), which is one-half of the yearly fee for one pyrotechnic display. City shall pay Contractor the amount invoiced on or before March 31st of that year. Contractor shall submit a separate invoice for the balance of the yearly fee, and any authorized costs, which shall be payable by City within thirty (30) days following the successful performance of the pyrotechnic display.
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5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by the City Manager or his designee as a written amendment to this Agreement. The amendment shall set forth the changes of work, extension of time for preparation and adjustment of the fee to be paid by City to Contractor.

6. Cancellation of Display. City has the right to unilaterally cancel a particular Display prior to the scheduled date by giving Contractor written notice of cancellation. If so, City shall pay Contractor, as liquidated damages, the following percentages of the compensation set forth in Section 3.a, for that particular Display:
1) 50% if cancellation occurs 30 to 90 days prior to the Display date, 2) 75% if cancellation occurs 15 to 29 days prior to the Display date, 3) 100% if cancellation occurs within 28 days, or less, of the Display date.

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

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

9. Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever. City acknowledges that Contractor shall make application for the City fireworks permits for the Displays and is hereby authorized to do so on City’s behalf. 98 3

10. Reserved.

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

12. Time of Completion. Contractor agrees to commence the work provided for in this Agreement in a timely fashion and to diligently prosecute completion of the work in accordance with the time period set forth in Exhibit “A” hereto or otherwise agreed to by and between the representatives of the parties.

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

14. Rescheduling of Event. If City elects to reschedule the Display, Contractor shall be paid the original Fee plus all additional expenses made necessary by rescheduling, plus a 15% service fee on such additional expenses. Said expenses will be invoiced separately and payment will be due in full within 5 days of receipt. City and Contractor shall agree upon the rescheduled date taking into consideration availability of permits, materials, equipment, transportation and labor. The Display shall be rescheduled for a date not more than 90 Days subsequent to the date first set for the Display. The Display shall not be rescheduled to a date, or for an event, that historically has involved a fireworks production. The Display shall not be rescheduled between June 15th and July 15th unless the original date was July 4th of that same year, or between December 15th and January 15th unless the original date was December 31st of the earlier year unless Contractor agrees that such rescheduling will not adversely affect normal business operations during those periods.

15. Proprietary Rights. Contractor reserves the ownership rights and trade names and all other products produced or provided by Contractor that are used in or are a product of the pyrotechnic displays that are the subject of this Agreement. City may not use said rights, names and products for any purpose without the prior written consent of Contractor. Any reproduction by sound, video or other duplication or recording process for commercial use, without the express written permission of Contractor, is prohibited. Contractor specifically permits City to broadcast the Display on City’s public information channel.

16. Equal Employment Opportunity. During the performance of this Agreement, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or mental or physical disability.

Contractor shall ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, or mental or physical disability. 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 99 4
other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause. b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard for race, color, religion, sex, national origin, or mental or physical disability.
c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

17. 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.

18. Indemnification.
a. Notwithstanding anything in this Agreement to the contrary, Contractor shall indemnify and defend City and the Additional Insureds, as hereinafter defined, from and against any and all claims, actions, damages, liabilities and expenses, including but not limited to, attorney and other professional fees and court costs, in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Display and the presentation thereof to the extent such are occasioned by any act or omission of Contractor, its officers, agents, contractors, providers, or employees.
b. City shall indemnify and defend Contractor from and against any and all claims, actions, damages, liability and expenses, including but not limited to, attorney and other professional fees and court costs in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Display and the presentation thereof to the extent such are occasioned by the active negligence, failure to perform the terms of this Agreement, or willful misconduct of City or the Additional Insureds.
c. In no event shall either party be liable for the consequential damages of the other party.
d. The indemnitees set forth in this section shall survive any termination of this Agreement, and shall continue to be binding upon the Parties hereto and upon their heirs, successors, executors, administrators and assigns.

19. Insurance.
a. Contractor shall carry workers compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it 100
5 is an independent contractor and not entitled to any worker's compensation benefits under any City program.
b. Contractor shall maintain during the life of this Agreement, comprehensive general liability insurance or commercial general liability insurance written on an occurrence basis providing for a combined single limit of $5 million for bodily injury, death and property damage. c. Contractor shall maintain during the life of this Agreement, automotive liability insurance on a comprehensive form written on an occurrence basis covering all owned, non-owned and hired automobiles providing for a combined single limit of $5 million for bodily injury, death and property damage.
d. Each policy of general liability and automotive liability shall provide that City, its officers, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to the City along with the certificate of insurance. In lieu of an endorsement, the City will accept a copy of the policy(ies) which evidences that the City is an additional insured as a contracting party. e. Contractor shall maintain during the life of this Agreement, employer liability insurance written on an occurrence basis with a limit of $1 million per occurrence. f. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.

Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.
g. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned general liability and automotive insurance coverages on forms acceptable to the City, which shall provide that the Contractor will not cancel or allow the insurance to lapse without at least ten (10) days’ prior written notice to the City. h. All insurance maintained by Contractor shall be issued by companies authorized to conduct the pertinent line of insurance business in the State of California and having a rating of Grade A or better and Class VII or better by the latest edition of Best's Key Rating Guide.
i. Contractor shall immediately notify the City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by the City. In such a case, the 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.
j. 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 the City, on behalf of any insurer providing insurance to either the 101
6 Contractor or to the City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.
k. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.

20. Termination. Notwithstanding those provisions in paragraph 6 of this Agreement, the City may for any reason terminate this Agreement by giving the Contractor not less than five (5) days written notice of intent to terminate. Upon receipt of such notice, the Contractor shall immediately cease work, unless the notice from the City provides otherwise. Upon the termination of this Agreement, the City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by the City shall be for cause, in which event the City may withhold any disputed compensation. Unless otherwise provided herein, the City shall not be liable for any claim of lost profits.

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

Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon five (5) business days’ notice from the City, and copies thereof shall be furnished if requested.

22. Compliance with all Laws/Immigration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement. b. Contractor represents and warrants that Contractor:
(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and
(2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and
(3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records 102
7 including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and
(4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.
c. Contractor shall require all subcontractors or sub-consultants to make the same representations and warranties as set forth in Section b. d. Contractor shall, upon request of the City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of the City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by the Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without notice to the City, accompanied by the verification required herein for such employees. e. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Section d.
f. Any Contractor, subcontractor or sub-consultant who knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by the City.
g. Contractor agrees to indemnify and hold the City, its officials, and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, the City may sustain by reason of the Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.

23. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs, and necessary disbursements, in addition to any other relief to which it may be entitled.

If the City is the prevailing party and uses in-house counsel in the litigation, it shall be entitled to recover attorneys’ fees at the in-house counsel’s fully burdened rate.

24. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California and both parties agree to submit to the jurisdiction of California courts.

25. Integration. This Agreement, Exhibit A, Exhibit A.2 and Exhibit B constitute the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed 103
8 by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agreement shall not be compensated.

26. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally 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 may be sent by either e-mail or U.S. Mail. Notices shall be deemed received upon receipt of same or within 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”
Pyro Spectaculars, Inc. City of Orange
P. O Box 2329 230 E. Chapman Avenue
Rialto, CA 92377 Orange, CA 92866-1591
Attn: Jeff Martin Attn: Rachael Gomez
Telephone No.: 909-355-8120 Telephone No.: 714-744-5556 E-Mail Address: [email protected] E-Mail Address: [email protected] [Remainder of page intentionally left blank; signatures on next page] 104
9 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.
“CONTRACTOR” “CITY”
PYRO SPECTACULARS, INC. CITY OF ORANGE, a municipal corporation a California corporation
By: By:

Printed Name: , Mayor
Title:
*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

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

Daniel R. Slater
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Exhibit A

SCOPE OF SERVICES
City Duties

1. City, at its own expense, shall provide:
• A suitable fireworks display site reasonably acceptable to the Contractor in which to stage the pyrotechnic/fireworks display (“Display”), including a firing and fallout safety zone reasonably acceptable to Contractor, in which fireworks and fireworks debris may be exhibited, rise, and fall safely. It is anticipated that the Display shall take place at Santiago Creek in the City of Orange, on a site designated by the City and approved by Contractor (“Display Site”).
• Site subject to change due to availability. City to provide Contractor three months notice of change of venue.
• Adequate policing, guard protection, roping, fencing, and/or other crowd control and security measures, including law enforcement, fire, heath, and other public safety services, including on-site security for any time that pyrotechnic equipment or product is unattended by Contractor, to prevent the access of the public or its property or any other people or property not authorized by Contractor into the Display site. • The services and cost of standby fire personnel (if any) and/or any applicable permit fees as required by local statutes, ordinances, rules, or regulations. • All necessary on-site labor not provided or performed by Contractor including, but not limited to, stagehands, electricians, audio and fire control monitors, and cleanup crew.

City shall ensure that a skilled maintenance worker who is competent in carpentry and plumbing will be available on-site.
• A professional grade audio system, including all necessary equipment, installation of such equipment, and trained audio technicians for system operation based on audio and communications requirements provided by Contractor.
• Adequate work light, dumpster accessibility, a secure office for Contractor personnel within the Display Site, secure parking for Contractor vehicles, access to washrooms, tents, equipment, fire suppression equipment, and access to the Display Site.

2. City shall provide Contractor with access to the Display Site to set up the Display at all reasonable times.

3. If City designates an area for members of the public to view the Display (“Spectator Area”) and/or an area for vehicular parking (“Parking Area”), City shall:
• Ensure that Spectator Area does not infringe on the Display Site. • Have sole responsibility for ensuring that the terrain of the Spectator Area and any structures thereon, including, but not limited to grandstands and bleachers, are safe for use by spectators.
• Have sole responsibility for ensuring that the Parking Area is safe for use. • Having sole responsibility to police, monitor, and appropriately control spectator access to the Spectator Area and the Parking Area and police, monitor, and appropriately control behavior of persons in these areas. 106

4. City shall assume the risk of weather, or other causes beyond Contractor's control, which may prevent the Display from being safely discharged on the scheduled date, which may cause the cancellation of the Display on the scheduled date, or which may affect or damage such portion of the fireworks and/or equipment as must be placed and exposed a necessary time before the Display. It shall be within Contractor’s sole discretion to determine whether or not the Display may be safely discharged on the schedules date and at the scheduled time. If, for any reason beyond the Contractor's control, including, without limitation, inclement weather, Contractor is unable to safely discharge the Display on the scheduled date or should any event for which City has purchased the Display be cancelled, the parties shall attempt to negotiate a new Display date, which shall be within 90 days of the original Display date, it being understood that City will be required to pay Contractor original fee plus all additional reasonable expenses made necessary by this postponement, plus a 15% service fee on such additional expenses. If the parties are unable to agree on a new Display date, Contractor shall be entitled to liquidated damages from City as if City had cancelled the Display in accordance with paragraph 6 of the agreement.

Contractor Duties

1. Contractor shall furnish one Display of no fewer than 14 minutes, at approximately 9:00 pm on each of the following dates:
• July 3, 2023
• July 3, 2024
• July 3, 2025
• July 3, 2026
• July 3, 2027

2. Contractor shall supply all pyrotechnic equipment, trained pyro technicians, shipping and pyrotechnic product. Contractor shall not ship pyrotechnic product to Display Site for any production other than City’s.

3. Contractor shall consult and meet with the appropriate City departments, including Police and Fire Departments, no later than 14 days prior to the date of the Display regardless of the following:
• The services to be provided at the Display Site and surrounding areas by contractor for the Display and the area needed for the Display Site and any other matters necessary or convenient for the staging of the Display.
• All law enforcement, fire, health, and other public safety services and facilities required to be provided by the City, which Contractor deems necessary or convenient to the staging of the Display.

4. Contractor shall set up no later than 5:00 pm on the date of the Display and shall ensure reasonably acceptable ties for the necessary inspections and for the continuity checks prior to commencing the Display.

5. At least 30 days prior to the Display date, Contractor shall provide City with the musical soundtrack for the Display in a format to be mutually agreed upon by the parities. City has the right to have Contractor change or modify the music selection. When City approves the musical soundtrack, Contractor shall provide City with music in the agreed upon format.

6. Contractor shall ensure that breakdown of production and cleanup is performed in a timely manner.
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7. All services provided by Contractor shall conform to all federal, state, and local laws, rules, and regulations and to the best professional standards and practices. Contractor shall employ safety programs and measures consistent with recognized applicable industry standards and practices.

8. Contractor shall apply for all federal, state, and local fireworks display permits and licenses required for the Display; provided, however, that City shall pay or waive all City, Orange Unified School District, and any other required permit fee (but not including any business license taxes) required for Display. City shall apply for and obtain all other permits necessary and appropriate for the event at which the Display is to be presented.

9. Contractor shall have no responsibility to inspect, police, monitor, or otherwise supervise any area other than the Display Site, except to ensure:
• That any Spectator Area or Parking Area is outside the Display Site; and • After completion of the Display, that the Display Site is cleared of any live fireworks debris originating from the Display.

10. It shall not constitute a breach of the Agreement by Contractor for fireworks to fail or malfunction, or for Contractor to determine that the Display cannot be discharged or continued as a result of any conditions or circumstances affecting safety, which is beyond the reasonable control of Contractor.

Product Synopsis

1. Contractor shall provide products equivalent to the Exhibit A.2 for the Display on July 3, 2023 through the contract term expiring on July 30, 2027. Subsequent Displays shall include the same or equivalent products. City understands that an industry accepted level of 3% of the pyrotechnic product may not function as designed and this level of nonperformance is acceptable as full performance.

Opening
Description Quantity
• 2.5” Sky Concert Opening Salutes 25
Total Opening: 25
Main Body – Aerial Shells
Description Quantity
• 2.5” Sky Concert Selections 200
Total of Main Body – Aerial Shells: 200
Pyrotechnic Devises
Description Quantity
• Sousa Platinum Line Custom Multi-shot Device 400 shots • Sousa Diamond Line Custom Multi-shot Device 1500 shots • Sousa Emerald Line Custom Multi-shot Device 600 shots Total of Pyrotechnic Devices: 2,500 shots
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Grand Finale
Description Quantity
• 2” Sky Concert Bombardment Shells 200
• 2.5” Sky Concert Bombardment Shells 240
Total of Grand Finale: 440
GRAND TOTAL: 3,165

2. Contractor shall provide City with Product Synopsis by March 31st prior to each 3rd of July Celebration.
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Exhibit A.2
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EXHIBIT B
Compensation for Pyro Spectaculars, INC.

Firework Display Services
Five-Year Term
Event Date: 07/03/2023 $25,000.00
Event Date: 07/03/2024 $25,000.00
Event Date: 07/03/2025 $25,000.00
Event Date: 07/03/2026 $25,000.00
Event Date: 07/03/2027 $25,000.00
Total: 125,000.00
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112
Agenda Item
City Council
Item #: 3.7. 1/10/2023 File #: 23-0004
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, Interim City Manager

1. SUBJECT
Agreement with Rotary Club of Orange Plaza for the production of the Annual Orange Rotary Plaza Car Show.

2. SUMMARY
Agreement with Rotary Club of Orange Plaza which authorizes the use of City streets for the production of the annual car show and reimburses the City for all costs incurred for the production of the event.

3. RECOMMENDED ACTION
Approve the Agreement for Production of Orange Plaza Car Show with Rotary Club of Orange Plaza; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
None. The Rotary Club of Orange Plaza reimburses the City for all costs incurred unless otherwise directed by the City Council.

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

6. DISCUSSION AND BACKGROUND
The Rotary Club of Orange Plaza (OPR) has produced their annual car show in the Orange Plaza (Plaza) for 28 years. Prior to 2010, the event was approved annually via the City’s special event process. In 2010, The City Council approved a three-year agreement outlining the details of the event and approving the use of the Plaza for this event. City Council approved subsequent four-year agreements in 2015 and 2019.

OPR is requesting a new four-year agreement to operate and run the car show within the Plaza footprint, allowing the use of public streets for the event. The one-day event continues to attract over 20,000 visitors to the City of Orange requiring coordination between OPR and City staff to ensure the safety of the event for visitors and participants while protecting City property. The proposed agreement requires OPR to reimburse the City for all costs and expenses incurred by the City for production of the event, which is primarily staff time for Orange Police Officers and Public Works City of Orange Page 1 of 2 Printed on 1/5/2023
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Item #: 3.7. 1/10/2023 File #: 23-0004
personnel.

Staff recommends approving the proposed four-year Agreement for Production of Orange Plaza Car Show.

7. ATTACHMENT
· Agreement for Production of Orange Plaza Car Show
City of Orange Page 2 of 2 Printed on 1/5/2023
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Agenda Item
City Council
Item #: 3.7. 1/10/2023 File #: 23-0004
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, Interim City Manager

1. SUBJECT
Agreement with Rotary Club of Orange Plaza for the production of the Annual Orange Rotary Plaza Car Show.

3. RECOMMENDED ACTION
Approve the Agreement for Production of Orange Plaza Car Show with Rotary Club of Orange Plaza; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
None. The Rotary Club of Orange Plaza reimburses the City for all costs incurred unless otherwise directed by the City Council.

OPR is requesting a new four-year agreement to operate and run the car show within the Plaza footprint, allowing the use of public streets for the event. The one-day event continues to attract over 20,000 visitors to the City of Orange requiring coordination between OPR and City staff to ensure the safety of the event for visitors and participants while protecting City property. The proposed agreement requires OPR to reimburse the City for all costs and expenses incurred by the City for production of the event, which is primarily staff time for Orange Police Officers and Public Works City of Orange Page 1 of 2 Printed on 1/5/2023
powered by Legistar™115
Item #: 3.7. 1/10/2023 File #: 23-0004
personnel.

Staff recommends approving the proposed four-year Agreement for Production of Orange Plaza Car Show.

7. ATTACHMENT
· Agreement for Production of Orange Plaza Car Show
City of Orange Page 2 of 2 Printed on 1/5/2023
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1 AGREEMENT FOR PRODUCTION OF ORANGE PLAZA CAR SHOW
This AGREEMENT FOR PRODUCTION OF ORANGE PLAZA CAR SHOW
(“Agreement”) is made at Orange, California, on this _____ day of ____________, 2023 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and ROTARY CLUB OF ORANGE PLAZA, a California non-profit unincorporated association, also known as ORANGE PLAZA ROTARY (“OPR”).

1. Term and Termination of Agreement.

A. This Agreement shall commence upon execution and shall terminate December 31, 2026, unless amended or sooner terminated as provided herein.

B. City, acting through its City Manager or designee, reserves the right to terminate this Agreement for any reason by providing a written notice of intent to terminate to OPR no fewer than 120 days prior to the commencement of the next Car Show. City shall not be liable for any claim of damages or lost profits relating to any such termination.

2. Location.

The Car Show shall take place only on those public streets and rights-of-way in City identified in the map attached hereto and incorporated herein as Exhibit "A," and generally described as the area of (1) Chapman Avenue from the west side of Grand Street to the east side of Lemon Street; (2) Glassell Street from the north side of Almond Avenue to the south side of Maple Avenue; and (3) Plaza Park, except as otherwise provided herein.

3. Date and Times.

A. The Car Show shall take place on the following dates:
1) April 16, 2023
2) April 21, 2024
3) April 13, 2025
4) April 19, 2026
B. On the day of the Car Show
1) Vendor entry shall commence at 4:00 a.m.
2) Car entry shall commence at 6:00 a.m.
3) Public spectator admission shall occur between 9:00 a.m. and 3:00 p.m. 117
2 4) All entertainment shall cease promptly at 3:00 p.m. 5) Car Show break down shall occur between 3:00 p.m. and 5:00 p.m.

4. OPR Obligations.

A. Production of Car Show.
1) OPR shall produce the Car Show during the day and times stated in Section

3. 2) The “production of Car Show” means all aspects of the planning, coordination, and execution of said Car Show including, but not limited to: reviewing and approving applications for participants; preparing and distributing advertising; obtaining all licenses, permits and other applicable governmental approvals; obtaining all insurance set forth in Section 7; and developing a budget and fee schedule.

B. Noise. OPR shall ensure that all reasonable measures are taken to mitigate noise between the hours of 4:00 a.m. and 8:00 a.m. on the day of the Car Show.

C. Ingress/Egress. OPR shall ensure that Car Show vendors and entrants adhere to the following ingress and egress during the Car Show:
1) Vendors shall enter the Car Show area on West Chapman Avenue between the hours of 4:00 a.m. and 6:00 a.m.
2) Vehicles entered for display at the Car Show shall enter the Car Show area on East Chapman and Grand Street between the hours of 6:00 a.m. and 8:00 a.m. 3) OPR agrees to clear all entrant and vendor vehicles and equipment from the Car Show area no earlier than 3:00 p.m. but no later than 5:00 p.m. Show vehicles shall not leave the area until the show is over.
4) OPR shall work with designated City representatives for business involving the Car Show to ensure compliance with this Agreement.

D. Staging Layout.
1) The proposed staging layout map is contained in Exhibit “B.” Each year, no fewer than sixty (60) days prior to the Car Show, OPR shall submit a detailed staging layout map showing the physical layout of the entertainment and commercial booths, for approval by the Police Department, Fire Department, and Public Works Department. 2) All fire lanes, fire breaks, crosswalks, streets and alleyways shown on the approved plan shall remain free and clear of all objects, materials, vehicles, and other obstructions during set up, during the course of the Car Show, and at break down of the Car Show. 118
3 3) OPR shall not block or obstruct public sidewalks with tables, chairs, canopies or any other equipment preventing pedestrian circulation. 4) OPR shall not block pedestrian or delivery access to a merchant that is within or immediately adjacent to the event area.
5) All vehicles in the Car Show parked on Chapman Avenue shall be parked facing away from Plaza Park. All vehicles in the Car Show parked on Glassell Street shall be parked facing Plaza Park.
6) The use of Plaza Park during this event will be reviewed on an annual basis.

At the discretion of the Community Services Director, the Historic Fountain shall be enclosed and protected by fencing for the duration of the Car Show. The cost of such fence rental or other means to secure the Historic Fountain shall be the sole responsibility of OPR.

E. Site Inspection. No fewer than fifteen (15) days prior to the event, authorized representatives from City and OPR shall walk the footprint of the Car Show to ensure the footprint meets safety standards.

F. Parking Lots. OPR agrees to leave public parking lots open for use by participants and the public during the Car Show.

G. Sanitation and Trash.
1) Unless otherwise stated herein, OPR shall comply with all provisions of the Orange Municipal Code and all applicable state and federal mandates as they relate to all storm water issues, and as directed by City.
2) OPR shall collect and remove trash from all areas within the permitted area as well as areas immediately adjacent to the permitted area that are impacted by the Car Show.

Trash collection and removal shall occur throughout the event and at the conclusion of the event to ensure all trash receptacles are usable throughout the event and immediately upon the conclusion of the event for general public use. OPR is responsible to provide plastic trash receptacle liners at its own cost and expense. OPR is responsible for the procurement of a separate dumpster to be used for the event as well as additional temporary trash receptacles to be placed throughout the event site as needed. OPR is prohibited from disposing of event trash in dumpsters that are provided in the Plaza area for use by the downtown merchants.

H. Entertainment. OPR shall furnish a complete entertainment schedule to the Police Department liaison a minimum of two (2) weeks prior to the Car Show.

I. Code of Conduct. OPR shall comply with and enforce the following guidelines related to its employees and volunteers, the general public, and all vendors within the Car Show footprint:
119
4 1) With the exception of ADA-recognized service animals, animals are not permitted.
2) Skateboards, roller skates, scooters, bikes, or any motorized or selfpropelled device, other than wheelchairs and participant vehicles, for the purpose of personal motion are not permitted, unless pre-approved by City.
3) Footwear and a shirt, or similar form of covering as otherwise approved by the City, must be worn at all times by participants and attendees. 4) Signs must be posted with the information in subsections 1), 2) and 3) above.
5) The Police Department has the right to approve or deny performers and both Police and Fire Departments have the right to stop live entertainment at their discretion based on conditions that may cause or create a hazardous situation to the public.

J. Equipment, Supplies, Costs.
1) OPR shall furnish all equipment and supplies reasonably necessary to carry out the purpose of this Agreement, except as otherwise provided herein and shall pay for all costs and expenses incurred for production of the Car Show.
2) OPR shall reimburse City for all costs and expenses incurred by City in providing materials and services for the Car Show, including public safety and other personnel. a. The number of public safety personnel assigned is at the discretion of the Police Department and Fire Department.
b. Materials and services may include costs incurred by City related to damage and cleanup of public and private property directly related to Car Show activities within the Car Show footprint as depicted in Exhibit “A.”
c. Reimbursement for said materials and services shall be due and payable within thirty (30) days of receipt of an itemized statement from City. d. OPR will only be responsible for the actual costs incurred by City related to the Car Show.

K. Maintenance and Inspection of Records. OPR shall maintain all records relating to this Agreement and the production of the Car Show for a minimum of three (3) years following the expiration or termination of Agreement. All such records shall be available for inspection or review by an authorized representative of City within ten (10) days of written notice to OPR. 120
5 L. Communications and Contacts.
1) OPR shall designate an individual to serve as a public contact for any and all inquiries, including but not limited to complaints related to the production of the Car Show, and shall provide a list of contacts and phone numbers to City no fewer than thirty (30) days prior to commencement of the Car Show.
2) OPR will make reasonable efforts to engage with and educate downtown businesses regarding the Car Show, footprint, hours, and any other Car Show logistics that may interfere with local business operations.

5. City Obligations.

A. City agrees that OPR shall have the sole and exclusive right to produce the Car Show.

B. City agrees to prepare the Car Show footprint to a mutually acceptable condition at the City’s expense, prior to commencement of the Car Show.

C. The City Manager’s Office shall designate a direct liaison with OPR as it pertains to the production, planning, and follow up of the Car Show. The City Manager’s liaison shall serve as a public contact for any and all inquiries, including but not limited to complaints related to the production of the Car Show. No fewer than thirty (30) days prior to the Car Show, the City Manager’s liaison shall provide OPR with a list of contacts and phone numbers for each of the following departments: Public Works, Police, Fire, and City Manager’s Office.

D. City shall require any vendors or merchants within the Car Show footprint not otherwise participating in the Car Show through the OPR approval process, to apply for and obtain a Special Event Permit from City. All such Special Event Permits must be submitted for review no later than thirty (30) days prior to the Car Show.

E. City will encourage local businesses and neighbors to report all cleanup locations to City within forty-eight (48) hours of the closure of the Car Show. City will provide an itemized bill, including photos of the areas not cleaned, to OPR accordingly.

F. City shall provide OPR with a detailed break-down of the actual costs incurred by City for labor, material, and equipment related to the Car Show by June 30 or within sixty (60) days of the close of the Car Show, whichever is sooner.

G. City shall ensure that the "K-rail" barriers at the intersection of West Chapman Avenue and Lemon Street shall not bar entry to Car Show vehicles until 4:30 a.m., when the intersection shall be closed to through traffic. City shall ensure that the "K-rail" barriers at the intersection of East Chapman Avenue and Grand Street shall not bar entry to Car Show vehicles until 8:00 a.m., when the intersection shall be closed to through traffic. 121
6 H. City agrees to reopen the intersection of East Chapman Avenue and Grand Street, and West Chapman Avenue and Lemon Street, no later than 3:10 p.m., for exit of Car Show vehicles during the break down period.

I. City shall reopen all intersections in the Car Show area to through traffic no earlier than 5:00 p.m.

6. Reserved.

7. Insurance.

A. If applicable, OPR shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. OPR acknowledges that it is an independent contractor and not entitled to any worker's compensation benefits under any City program.

B. OPR shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) Two Million Dollars ($1,000,000) per occurrence with a Three Million Dollar ($3,000,000) aggregate; or (2) all the insurance coverage and/or limits carried by or available to OPR. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.

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 Agreement are sufficient to cover the obligations of OPR under this Agreement.

D. Each policy of general liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the event held by OPR under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection B, above, shall apply to City as an additional insured.

E. The insurance policies maintained by OPR shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy. OPR will determine its own needs in procurement of insurance to cover liabilities other than as stated above.

F. Before OPR performs any work or prepares or delivers any materials, it shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.
122
7 G. All insurance maintained by OPR shall be issued by companies admitted to conduct the pertinent line of insurance business in California.

H. OPR shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City. In such a case, City may procure insurance or self-insure the risk and charge OPR for such costs and any and all damages resulting therefrom, by way of set-off from any sums owed OPR.

I. OPR agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, it shall look solely to its insurance for recovery. OPR hereby grants to City, on behalf of any insurer providing insurance to either OPR or City with respect to the services of OPR herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.

J. OPR shall include all OPR subcontractors, if any, and Car Show participants and vendors as additional insureds under its policies or shall require that said subcontractors and OPR vendors and participants maintain their own insurance consistent with the requirements stated herein.

8. Indemnity.

A. To the fullest extent permitted by law, OPR agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:
1) Any and all claims under worker’s compensation acts and other employee benefit acts with respect to OPR’s employees or subcontractor’s employees arising out of OPR’s work under this Agreement; and
2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of OPR, or person, firm or corporation employed by OPR, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. OPR, at OPR’s own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this Subsection, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this Subsection.

B. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement.
123
8 C. The indemnities set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to OPR and its successors.

9. Standard Provisions.

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

B. Independent Contractor. At all times during the term of this Agreement, OPR shall be an independent contractor and not an employee of City. City shall have the right to control OPR only insofar as the result of OPR’s services rendered pursuant to this Agreement. City shall not have the right to control the means by which OPR accomplishes services rendered pursuant to this Agreement. OPR shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. OPR 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. OPR acknowledges that OPR and any subcontractors, agents or employees employed by OPR 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.

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

D. Amendment. No amendment of this Agreement or its Exhibits shall be effective unless in writing, signed by OPR and City. City Manager is specifically authorized to execute amendments to this Agreement on behalf of City.

E. Assignment or Subcontracting. No assignment or subcontracting by OPR of any part of this Agreement shall be of any force or effect unless the assignment has had the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or designee.

F. Equal Opportunity and Non-Discrimination. During the performance of this Agreement, OPR agrees as follows:
1) OPR shall not discriminate against any employee, applicant for employment, vendor or participant because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. OPR shall ensure that such 124
9 persons are treated without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. OPR agrees to post in conspicuous places, available to such persons, a notice setting forth provisions of this nondiscrimination clause. 2) OPR shall, in all solicitations and advertisements for employees placed by, or on behalf of OPR, 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.
3) OPR shall cause the foregoing paragraphs 1) and 2) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

G. Conflicts of Interest. OPR 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 OPR knows or has reason to know that OPR, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code.

H. Compliance with all Laws/Immigration Laws.
1) OPR shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement. 2) OPR shall comply with all applicable Fire Department guidelines in effect January 1st of any given year during which the Car Show is produced. Additional requirements may be added by the Fire Department as necessary, and at the Fire Department’s discretion. 3) OPR represents and warrants that OPR:
a. Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and
b. Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and
c. Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of OPR’s employees; and
d. Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the 125
10 Department of Homeland Security, the Department of Labor, or the Social Security Administration.
4) OPR shall require all subcontractors to make the same representations and warranties as set forth in Subsection 3 above.
5) OPR shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by OPR. Once such request has been made, OPR may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.
6) OPR shall require all subcontractors to make the same verification as set forth in Subsection 5 above.
7) If OPR or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City. 8) OPR agrees to 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 the Contrator's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.

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

J. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties.

10. Notice.

Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally, by e-mail, or by first class 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 3 days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
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11 “OPR” “CITY”
Orange Plaza Rotary City of Orange
P.O. Box 1591 300 E. Chapman Avenue
Orange, CA 92856 Orange, CA 92866
Attn: Tracey L. Curtis Attn: Aaron Schulze
Telephone: (714) 553-1416 Telephone: (714) 744-2222
Email: [email protected] Email: [email protected]

11. Counterparts.

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

Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.

[Remainder of page intentionally left blank; signatures on next page] 127
12 IN WITNESS of this Agreement, the parties enter into this Agreement on the year and day first above written.
“OPR” “CITY”
ROTARY CLUB OF ORANGE PLAZA, CITY OF ORANGE, a municipal a California non-profit unincorporated corporation
association
By:

Printed Name: Daniel R. Slater, Mayor
Title:
*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

Nathalie Adourian
Senior Assistant City Attorney
*NOTE: The City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City
128
EXHIBIT “A”

STREET AND RIGHT-OF-WAY LAYOUT
[Behind this sheet.]
129
115 S. Olive
114 N. Olive
South Olive
115 N. Orange
Porta Pottys
Porta Pottys
Dumpster
Cross Walks & Out Cropping
North Orange St. South Orange St.

South Center St.

Concrete Barriers
Water Filled Barriers
Vehicle Parking
Public Parking
Dumpster Location
Porta Pottys
Number to call for info:

City Hall
Library
Layout for Orange Plaza Car Show
Omega
Porta Pottys
Tracey Curtis
(714) 553-1416
Rae Shirer
(714) 322-4154
17 123 S. Orange
Fire Dept
Call Number
Area Showcars
are parked

NO PARKING IN CROSSWALKS

NO BLOCKING STREET ALLEYWAYS

ALL CARS FACE PLAZA
17’ FIRE PATH THROUGHOUT

SEE DETAILED FIRE ACCESS

PLAN ATTACHED
Distance between curbs on Glassell and Chapman is approximately 50’ thus removing the 17’ fire access lane leaves 33’ divided by 2 or 16.5’ for car parking. (all cars will be parked on an angle on these streets, (except in narrow areas, see Fire Dept Access Map.) Cars in narrow area will be parked parallel.

On the other two streets (Olive and Orange) the vehicles will be parallel parked.

Parking
Restrictions
Map not to scale
130
2 EXHIBIT “B”

BOOTH AND PLAZA PARK STAGING LAYOUT
[Behind this sheet.]
131
132
Agenda Item
City Council
Item #: 3.8. 1/10/2023 File #: 22-0720
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Jeff Adams, Interim Community Development Director

1. SUBJECT
First Amendment to Agreement with Kane, Ballmer & Berkman to provide attorney services for affordable housing loans.

2. SUMMARY
First Amendment to the Agreement with Kane, Ballmer & Berkman increasing compensation by an additional $40,000 to continue attorney services for affordable housing loans.

3. RECOMMENDED ACTION

1. Approve the appropriation of $40,000 from the Low & Moderate Income Housing Asset Fund (921) unreserved fund balance to expenditure account 921.6041.51670.00000.

2. Approve the First Amendment to the Subrecipient Agreement with Kane, Ballmer & Berkman increasing compensation by an additional $40,000 to continue attorney services for affordable housing loans.

4. FISCAL IMPACT
The total expenditure for this amendment is $40,000 and will be funded through the Low & Moderate Income Housing Asset Fund (921).

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly
Goal 3: Enhance and promote quality of life in the community c: Support and enhance attractive, diverse living environments

6. DISCUSSION AND BACKGROUND
Kane, Ballmer & Berkman (KBB) has been providing legal advice and services to protect the interests of the City in connection with the development of affordable housing for over a decade. KBB has skilled Counsel with the qualifications, experience, and resources necessary to assist City Council and staff with the negotiation of affordable housing development agreements and advise on the administration and management of existing affordable housing agreements overseen by the City Housing Successor Agency.

The City was designated the Housing Successor Agency on January 10, 2012 after the dissolution of City of Orange Page 1 of 2 Printed on 1/5/2023
powered by Legistar™133
Item #: 3.8. 1/10/2023 File #: 22-0720
The City was designated the Housing Successor Agency on January 10, 2012 after the dissolution of the former Orange Redevelopment Agency. All housing related assets, properties, contracts, leases, and records of the former Orange Redevelopment Agency were transferred to the City Housing Successor Agency.

Most recently, KBB provided counsel for the Katella Terrace and Villa St. Joseph Affordable Housing Projects. Additional interest has been expressed by affordable housing developers seeking special City administered funding restricted to the development of affordable housing. Requests for funding will come before the City Council for consideration at a future date.

Staff is recommending the approval of the First Amendment to Kane, Ballmer & Berkman for continued attorney services related to the affordable housing loans administered and managed by the City.

7. ATTACHMENTS
· First Amendment to Agreement with Kane, Ballmer & Berkman City of Orange Page 2 of 2 Printed on 1/5/2023
powered by Legistar™134
Agenda Item
City Council
Item #: 3.8. 1/10/2023 File #: 22-0720
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Jeff Adams, Interim Community Development Director

1. SUBJECT
First Amendment to Agreement with Kane, Ballmer & Berkman to provide attorney services for affordable housing loans.

2. SUMMARY
First Amendment to the Agreement with Kane, Ballmer & Berkman increasing compensation by an additional $40,000 to continue attorney services for affordable housing loans.

3. RECOMMENDED ACTION

1. Approve the appropriation of $40,000 from the Low & Moderate Income Housing Asset Fund (921) unreserved fund balance to expenditure account 921.6041.51670.00000.

2. Approve the First Amendment to the Subrecipient Agreement with Kane, Ballmer & Berkman increasing compensation by an additional $40,000 to continue attorney services for affordable housing loans.

4. FISCAL IMPACT
The total expenditure for this amendment is $40,000 and will be funded through the Low & Moderate Income Housing Asset Fund (921).

The City was designated the Housing Successor Agency on January 10, 2012 after the dissolution of City of Orange Page 1 of 2 Printed on 1/5/2023
powered by Legistar™135
Item #: 3.8. 1/10/2023 File #: 22-0720
The City was designated the Housing Successor Agency on January 10, 2012 after the dissolution of the former Orange Redevelopment Agency. All housing related assets, properties, contracts, leases, and records of the former Orange Redevelopment Agency were transferred to the City Housing Successor Agency.

Staff is recommending the approval of the First Amendment to Kane, Ballmer & Berkman for continued attorney services related to the affordable housing loans administered and managed by the City.

7. ATTACHMENTS
· First Amendment to Agreement with Kane, Ballmer & Berkman City of Orange Page 2 of 2 Printed on 1/5/2023
powered by Legistar™136

FIRST AMENDMENT
TO

ATTORNEY SERVICES AGREEMENT
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the “First Amendment”) is made and entered into as of _______________, 2023, by and between the CITY OF ORANGE, a municipal corporation (“City”), and KANE, BALLMER & BERKMAN, a professional corporation (“Law Firm”), with reference to the following:

A. City and Law Firm entered into a Professional Services Agreement (Agreement No. 7423) dated as of November 3, 2022, which is incorporated herein by this reference (the “Original Agreement”); and
B. City and Law Firm desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement by increasing the compensation and authorizing the legal work to be performed on any affordable housing project.

NOW, THEREFORE, the parties hereby agree as follows:

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

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

Section 3. Services. Section 1 of the Original Agreement, “Services,” is revised to reflect the performance of legal services for any affordable housing project in the City, as directed by the City.

Section 4. Payment. Section 2 of the Original Agreement, “Payment,” is revised to reflect an increase of FORTY THOUSAND DOLLARS and 00/100 ($40,000.00) in the total not-to-exceed compensation for the services to be rendered and Section 2.a is hereby amended in its entirety to read as follows:
“Contractor's total compensation for all services performed under this Agreement, shall not exceed SEVENTY THOUSAND DOLLARS and 00/100 ($70,000.00) without the prior written authorization of City.”
Section 5. Integration. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.
137
IN WITNESS of this First Amendment, the parties enter into this First Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
KANE, BALLMER & BERKMAN, CITY OF ORANGE, a municipal corporation a professional corporation
*By: By:

Printed Name: Daniel R. Slater, 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. 138
Agenda Item
City Council
Item #: 3.9. 1/10/2023 File #: 23-0005
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Fourth Amendment to agreement with Siemens Industry, Inc. for badge printers and camera changes.

2. SUMMARY
This Fourth Amendment to a professional services agreement with Siemens Industry, Inc. authorizes the purchase and installation of two access control badge printers and various changes to cameras at the City’s fleet and warehouse buildings.

3. RECOMMENDED ACTION
Approve amendment with Siemens Industry, Inc. in the amount of $35,889 for purchase and implementation of badge printers and camera scope changes; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this amendment is $35,889.00, for a total agreement cost of $676,340, and will be funded in Enterprise Access System (20347) through the Capital Bond Proceeds Fund (553).

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

Goal 2: Be a fiscally healthy community
d: Effectively manage and develop City assets

6. DISCUSSION AND BACKGROUND
On January 12, 2021, the City Council approved an agreement with Siemens Industry, Inc. to replace the existing electronic door access control system for City facilities and integrating access control with the City’s existing security camera platform. The Police, Water Plant, Main Library, and Community Services buildings are on the new system. A separate project was approved to fold the new Fire Headquarters and Station No. 1 into the security platform and has also been completed.

The remaining project building locations are anticipated to be completed in the spring of 2023.

The existing access badge printers are not compatible with the new security platform. This change order obtains and installs two new compatible specialized access badge printers.

The existing access control project primarily address doors but also contained some minor security City of Orange Page 1 of 2 Printed on 1/5/2023
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Item #: 3.9. 1/10/2023 File #: 23-0005
The existing access control project primarily address doors but also contained some minor security considerations for camera changes at the fleet and warehouse buildings. The warehouse and fleet buildings have a mix of legacy analog cameras and security platform compatible cameras. The camera change order consolidates the existing cameras on the east side of the fleet building and east side of warehouse building to achieve an improved view of the key areas of interest differing from the original project scope. The change is notably employing the use of multi-view cameras to achieve the viewing goals. The end-result is a multi-view camera on the northeast and southeast corner of the fleet building and a multi-view camera on the northeast corner of the warehouse building. This change includes credit for single view cameras removed from the original scope.

Staff recommends approval of the Fourth Amendment to the agreement with Siemens in the amount of $35,889 to complete the access control project.

7. ATTACHMENTS
· Fourth Amendment to Agreement with Siemens Industry, Inc.

City of Orange Page 2 of 2 Printed on 1/5/2023
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Agenda Item
City Council
Item #: 3.9. 1/10/2023 File #: 23-0005
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Fourth Amendment to agreement with Siemens Industry, Inc. for badge printers and camera changes.

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

Goal 2: Be a fiscally healthy community
d: Effectively manage and develop City assets

The remaining project building locations are anticipated to be completed in the spring of 2023.

The existing access badge printers are not compatible with the new security platform. This change order obtains and installs two new compatible specialized access badge printers.

The existing access control project primarily address doors but also contained some minor security City of Orange Page 1 of 2 Printed on 1/5/2023
powered by Legistar™141
Item #: 3.9. 1/10/2023 File #: 23-0005
The existing access control project primarily address doors but also contained some minor security considerations for camera changes at the fleet and warehouse buildings. The warehouse and fleet buildings have a mix of legacy analog cameras and security platform compatible cameras. The camera change order consolidates the existing cameras on the east side of the fleet building and east side of warehouse building to achieve an improved view of the key areas of interest differing from the original project scope. The change is notably employing the use of multi-view cameras to achieve the viewing goals. The end-result is a multi-view camera on the northeast and southeast corner of the fleet building and a multi-view camera on the northeast corner of the warehouse building. This change includes credit for single view cameras removed from the original scope.

Staff recommends approval of the Fourth Amendment to the agreement with Siemens in the amount of $35,889 to complete the access control project.

7. ATTACHMENTS
· Fourth Amendment to Agreement with Siemens Industry, Inc.

City of Orange Page 2 of 2 Printed on 1/5/2023
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FOURTH AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT
[Access Control Door and Security Camera Services]
THIS FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the “Fourth Amendment”) is made and entered into as of ________________, 2023, by and between the CITY OF ORANGE, a municipal corporation (“City”), and SIEMENS INDUSTRY, INC., a Delaware corporation (“Contractor”), with reference to the following:

A. City and Contractor entered into a Professional Services Agreement (Agreement No. 7112) dated January 12, 2021, which is incorporated herein by this reference (the “Original Agreement”); and
B. City and Contractor amended the Original Agreement to revise the Scope of Services and increase the compensation by a First Amendment to Professional Services Agreement (Agreement No. 7112.1) dated June 29, 2021, which is incorporated herein by this reference (the “First Amendment”); and
C. City and Contractor amended the Original Agreement to revise the Scope of Services and increase the compensation by a Second Amendment to Professional Services Agreement (Agreement No. 7112.2) dated September 15, 2021, which is incorporated herein by this reference (the “Second Amendment”); and
D. City and Contractor amended the Original Agreement to revise the Scope of Services and use the remaining approved contingency with an increase to the compensation by a Third Amendment to Professional Services Agreement (Agreement No. 7112.3) dated February 23, 2022, which is incorporated herein by this reference (the “Third Amendment”); and E. City and Contractor desire to further amend the Original Agreement to revise the Scope of Services and increase the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

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

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

Section 3. Revised Scope of Services. The Scope of Services, Section 1, Exhibit A of the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference. 143
2 Section 4. Compensation. The total not-to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by THIRTY-FIVE THOUSAND EIGHT HUNDRED EIGHTY-NINE DOLLARS and 00/100 ($35,889.00) and Section

2.a is hereby amended in its entirety to read as follows:
“Contractor's total compensation for all services performed under this Agreement, including contingencies, shall not exceed SIX HUNDRED SEVENTY-SIX THOUSAND THREE HUNDRED FORTY DOLLARS and 00/100 ($676,340.00) without the prior written authorization of City.”
Section 5. Integration. This Fourth Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Fourth Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Fourth Amendment shall control and govern the rights and obligations of the parties.
[Remainder of page intentionally left blank; signatures on next page] 144
3 IN WITNESS of this Fourth Amendment, the parties enter into this Fourth Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
SIEMENS INDUSTRY, INC., CITY OF ORANGE, a municipal corporation a Delaware corporation
*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:
*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

Mary 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. 145
EXHIBIT “A”

SUPPLEMENTAL SCOPE OF SERVICES
[Behind this page.]
146
Adam Harrold
Siemens
Southern California
Unrestricted SOW Page | 1
City of Orange EACS Project
To: Michael Dering, Steve Scardina
Cc: Adam Harrold
Project: Change Order #3C – Qty 2 Badge Printers

Statement of Work:

City of Orange existing badge printers are model Polaroid/Valid 5500S Dual-sided ID badge printer. Polaroid printer cannot be integrated with Genetec Badge Station software as this printer is both a discontinued product and not supported by Genetec. As an alternative, Siemens is proposing 2 new badge printers (no smart card encoding capacity). - Qty 2 each Fargo DTC 4500e fd Dual Sided Printer; USB and Ethernet Prt, NO Smart Card Encoding.
- Qty 8 each YMCKOK Ribbons, Full color front with clear overlay panel, Black and overlay panel for back of card – 200 images per ribbon. - Qty 2 each Printer Cleaning Kits.
- Same Day Installation for each printer, Genetec printer commissioning, 2 each cardholder template training per location.
- Engineering for AsBuilt / Equipment Datasheets, Ops Manual. - Procurement and coordination.

OPTION 1
 Total Parts and Labor Cost Impact : 16,440.00
 Labor 1 day only $1,960.00
 2 ea Printers, 8 ea Ribbons, 2 ea Cleaning kits, Tax $14,480.00 147
Adam Harrold
Siemens
Southern California
Unrestricted SOW Page | 2
Proposal Accepted: Proposal Submitted:

Siemens Industry, Inc. is authorized to proceed with
the work as proposed.

Siemens Industry, Inc.

Purchaser: By:

John Marlow
By: Title: Project Manager

Title: Date: Nov 11, 2022
Price valid for 30 days
Date:
148
Adam Harrold / William Leclerc
Siemens
Southern California
Unrestricted SOW Page | 1
City of Orange EACS Project
To: Michael Dering
Cc: Adam Harrold
Project: Change Order – Change Order #6B – Fleet and Warehouse Cameras

Statement of Work:
- 1 new combo multisensor/ptz Hanwha PNM-9322VQP camera on the n/e corner roof of the fleet maintenance building. Added labor for additional parapet mount installation, engineering effort for maps, adjusting/focus and VMS config for sensors 2-4. - 1 new combo multisensor/ptz Hanwha PNM-9322VQP camera on the n/e corner roof of the maintenance building. Added labor for additional parapet mount installation, engineering effort for maps, adjusting/focus and VMS config for sensors 2-4 - 1 new combo multisensor/ptz Hanwha PNM-9322VQP camera on the s/e corner roof of the maintenance building. Added labor for additional parapet mount installation, engineering effort for maps, adjusting/focus and VMS config for sensors 2-4 - other scope as defined in base contract/RFP Alt#2 remains as is. The above cameras are upgrades to Base RFP Alt #2 Axis P3228-LVE single lens domes, credit shown below.

Cost breakdown:
• Total Cost Impact: $19,449.00
o 3 each Hanwha PNM-9322VQP Multisensor/PTZ,
parapet mounts, Lens, POE injectors, tax etc: $ 16,457.00 o Added labor, engineering, asbuilt etc: $6,228.00
o Credit for Alt#2, 3 each cameras, mounts etc: ($3,236.00)

• Schedule Impact: No impact foreseen now. Siemens will need a formal approval of this change order before ordering material and it is assumed material lead time is 6 weeks.
• Hanwha Multisensor cameras are being substituted as Axis continues to experience severe supply chain issues. Please see product data sheet for camera details. • Each camera lens option will be confirmed with Triad before order is place. 149
Adam Harrold / William Leclerc
Siemens
Southern California
Unrestricted SOW Page | 2
Proposal Accepted: Proposal Submitted:

Siemens Industry, Inc. is authorized to proceed with
the work as proposed.

Siemens Industry, Inc.

Purchaser: By:

John Marlow
By: Title: Project Manager
Title: Date: 11/11/2022
Price valid for 30 days
Date:
150
Agenda Item
City Council
Item #: 3.10. 1/10/2023 File #: 22-0722
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $767,286.32 in State of California Office of Emergency Services funding received.

2. SUMMARY
Costs for strike team and individual overhead deployments represent non-budgeted expenditures for the Fire Department. These costs are reimbursed by the State of California Office of Emergency Services at a later date. Staff is requesting that funds be appropriated into the appropriate expenditure accounts for Fiscal Year 2022-2023.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $767,286.32 in strike team reimbursement funds from the State of California Office of Emergency Services, into the revenue account numbers for CalOES reimbursements as specified in Section 6 of the staff report.

2. Authorize the appropriation of $753,458.28 into the expenditure account numbers for Overtime -Safety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $13,828.04 into the expenditure account numbers for Strike Team Expenditures as specified in Section 6 of the staff report.

4. FISCAL IMPACT
The total appropriations for this reimbursement are funded by the additional revenue received from the State of California Office of Emergency Services.

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

6. DISCUSSION AND BACKGROUND
The Orange City Fire Department is a party to a state-level agreement with the State of California Office of Emergency Services (Cal-OES) to provide fire and emergency assistance to state and federal fire agencies. This agreement is managed by Cal-OES and referred to as the California Fire Assistance Agreement (CFAA). Under this agreement, the Orange City Fire Department generally provides resources two different ways: Strike Teams and Individual Overhead.

Strike team deployments involve an Engine Company, a Battalion Chief, or a Deputy Chief City of Orange Page 1 of 3 Printed on 1/5/2023
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Item #: 3.10. 1/10/2023 File #: 22-0722
Strike team deployments involve an Engine Company, a Battalion Chief, or a Deputy Chief responding to an incident with their vehicle, as part of a multi-agency team. Individual Overhead resources respond to fill a specific role for an incident, such as Safety Officer or Line Emergency Medical Technician (EMT).

Upon return from an incident, reimbursement paperwork and invoices are submitted to Cal-OES. The Fire Department recently received reimbursement payments for the Washburn Fire for $46,369.74, the Oak Fire for $143,837.74, the NOPS Pre-Position Assignment for $15,074.59, the KNF Support Incident for $15,406.18, the McKinney Fire for $96,642.11, the Yeti Fire for $94,782.73, and the 2022 SRF Lightning Complex for $355,173.23. Staff is requesting that funds be appropriated into the appropriate expenditure accounts for Fiscal Year 2022-2023. The additional funds will reimburse Fire Department overtime and travel expenditures incurred during these incidents.

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

Cal-OES reimbursements (revenue account 100.3024.48212.xxxxx):
$ 46,369.74 .40302 - Washburn Fire
143,837.74 .40303 - Oak Fire
15,074.59 .40304 - NOPS Pre-Position Assignment
15,406.18 .40305 - KNF Support Incident
96,642.11 .40306 - McKinney Fire
94,782.73 .40308 - Yeti Fire
355,173.23 .40309 - 2022 SRF Lightning Complex
$ 767,286.32
Overtime-Safety (expenditure account 100.3024.50221.xxxxx):
$ 45,298.77 .40302 - Washburn Fire
142,771.31 .40303 - Oak Fire
14,495.59 .40304 - NOPS Pre-Position Assignment
14,276.92 .40305 - KNF Support Incident
93,873.44 .40306 - McKinney Fire
91,850.88 .40308 - Yeti Fire
350,891.37 .40309 - 2022 SRF Lightning Complex
$ 753,458.28
Strike Team (expenditure account 100.3024.53860.xxxxx):
$ 1,070.97 .40302 - Washburn Fire
1,066.43 .40303 - Oak Fire
579.00 .40304 - NOPS Pre-Position Assignment
1,129.26 .40305 - KNF Support Incident
2,768.67 .40306 - McKinney Fire
2,931.85 .40308 - Yeti Fire
4,281.86 .40309 - 2022 SRF Lightning Complex
$ 13,828.04

7. ATTACHMENTS
City of Orange Page 2 of 3 Printed on 1/5/2023
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Item #: 3.10. 1/10/2023 File #: 22-0722
· None
City of Orange Page 3 of 3 Printed on 1/5/2023
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Agenda Item
City Council
Item #: 3.10. 1/10/2023 File #: 22-0722
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $767,286.32 in State of California Office of Emergency Services funding received.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $767,286.32 in strike team reimbursement funds from the State of California Office of Emergency Services, into the revenue account numbers for CalOES reimbursements as specified in Section 6 of the staff report.

2. Authorize the appropriation of $753,458.28 into the expenditure account numbers for Overtime -Safety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $13,828.04 into the expenditure account numbers for Strike Team Expenditures as specified in Section 6 of the staff report.

4. FISCAL IMPACT
The total appropriations for this reimbursement are funded by the additional revenue received from the State of California Office of Emergency Services.

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

Strike team deployments involve an Engine Company, a Battalion Chief, or a Deputy Chief City of Orange Page 1 of 3 Printed on 1/5/2023
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Item #: 3.10. 1/10/2023 File #: 22-0722
Strike team deployments involve an Engine Company, a Battalion Chief, or a Deputy Chief responding to an incident with their vehicle, as part of a multi-agency team. Individual Overhead resources respond to fill a specific role for an incident, such as Safety Officer or Line Emergency Medical Technician (EMT).

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

7. ATTACHMENTS
City of Orange Page 2 of 3 Printed on 1/5/2023
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Item #: 3.10. 1/10/2023 File #: 22-0722
· None
City of Orange Page 3 of 3 Printed on 1/5/2023
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Agenda Item
City Council
Item #: 3.11. 1/10/2023 File #: 22-0708
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Annual Sewer Replacement/ Maintenance Fiscal Year 2022- 2023; and authorization to advertise for bids.

2. SUMMARY
Plans and specifications have been completed and the project is ready to be advertised for bids. The total estimated construction cost including contingencies and construction engineering is $2,480,000.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for Bid No. 22-23.20, (S-247).

4. FISCAL IMPACT
The total expenditure, including the 15% for contingency and construction engineering, for this project is $2,480,000 and will be funded in Sewer Line Maintenance & Replacement (15508) through the Sewer Construction Fund (520).

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 prepared the Sewer Collection System Master Plan update in 2012 as a planning tool to mitigate potential cumulative impacts to the sewer collection system from the City’s 2010 General Plan. The Sewer Master Plan identifies projects that replace the aging sewer infrastructure, pipes that are structurally deficient, and pipeline capacity enhancements. In addition to the Sewer Master Plan, the Public Works Engineering Division coordinates with the Public Works Field Services Division to ensure that field observations of the sewer hotspots and localized failures are identified and addressed as part of the Capital Improvement Program. The identified locations usually require a higher than normal level of maintenance for several reasons but generally due to offset joints, tree roots, broken sections, or being undersized.

Public Works has prepared plans and specifications to fix these problems by replacing approximately 6,570 linear feet of existing six-inch lines with eight-inch clay lines. The scope of work would also City of Orange Page 1 of 2 Printed on 1/5/2023
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Item #: 3.11. 1/10/2023 File #: 22-0708
6,570 linear feet of existing six-inch lines with eight-inch clay lines. The scope of work would also include reconnecting all impacted service laterals. Construction is scheduled to begin in May 2023 and is expected to be completed within 120 calendar days.

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

7. ATTACHMENTS
· Location Map
City of Orange Page 2 of 2 Printed on 1/5/2023
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Agenda Item
City Council
Item #: 3.11. 1/10/2023 File #: 22-0708
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Annual Sewer Replacement/ Maintenance Fiscal Year 2022- 2023; and authorization to advertise for bids.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for Bid No. 22-23.20, (S-247).

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

Public Works has prepared plans and specifications to fix these problems by replacing approximately 6,570 linear feet of existing six-inch lines with eight-inch clay lines. The scope of work would also City of Orange Page 1 of 2 Printed on 1/5/2023
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Item #: 3.11. 1/10/2023 File #: 22-0708
6,570 linear feet of existing six-inch lines with eight-inch clay lines. The scope of work would also include reconnecting all impacted service laterals. Construction is scheduled to begin in May 2023 and is expected to be completed within 120 calendar days.

7. ATTACHMENTS
· Location Map
City of Orange Page 2 of 2 Printed on 1/5/2023
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Annual Sewer Replacement/Maintenance FY 22-23 Location Map A Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
12/21/2022, 9:22:55 AM
0 0.0375 0.075 0.15 mi
0 0.05 0.1 0.2 km
1:4,514
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design

GLASSELL ST
161
Annual Sewer Replacement/Maintenance FY 22-23 Location Map B Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
12/21/2022, 9:22:17 AM
0 0.0375 0.075 0.15 mi
0 0.05 0.1 0.2 km
1:4,514
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design162
Annual Sewer Replacement/Maintenance FY 22-23 Location Map C Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
12/21/2022, 9:23:44 AM
0 0.0375 0.075 0.15 mi
0 0.05 0.1 0.2 km
1:4,514
County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design163
Agenda Item
City Council
Item #: 3.12. 1/10/2023 File #: 23-0002
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for the Water Division Bin Storage Construction and authorization to advertise for bids.

2. SUMMARY
Plans and specifications have been completed for the Water Division Bin Storage Construction Project (W-724). The project is ready to be advertised for bids. The preliminary cost estimate for the construction is $512,000.

3. RECOMMENDED ACTION
Approve the plans and specifications and authorize advertising for Bid No. 22-23.24.

4. FISCAL IMPACT
The total expenditure is $512,000 and will be funded in South Water Yard Storage Replacement (20429) through the 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
In August 2020, the Water Division entered an agreement with IDS Group, Inc. for the design of a warehouse to replace the existing warehouse which was utilized for the construction of the City’s new Fire Department headquarters. In addition to the design of the new warehouse in the existing yard at 1130 E. Almond Ave., the request for proposal also calls for the design of a covered structure over the existing outdoor materials storage area. Currently, the existing outdoor material storage bins have no cover and are used to store materials such as asphalt, backfill, gravel, and spoils. The covered structure is essential to comply with the National Pollutant Discharge Elimination System (NPDES).

Covering the materials would help minimizing erosion runoff into the storm drain system.

Due to recent unavailability and cost increase of construction materials, the new warehouse and bin storage construction has become cost prohibitive and is anticipated to be delayed until additional funding is available. The Water Division has decided to bid and construct the structures separately.

This approach would allow the project to progress forward within the approved budget. The total City of Orange Page 1 of 2 Printed on 1/5/2023
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Item #: 3.12. 1/10/2023 File #: 23-0002
This approach would allow the project to progress forward within the approved budget. The total estimated construction cost for the bin storage construction is $512,000.

The project was determined to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15303 (Class 3 - New Construction or Conversion of Small Structures).

7. ATTACHMENTS
· Location Map
City of Orange Page 2 of 2 Printed on 1/5/2023
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Agenda Item
City Council
Item #: 3.12. 1/10/2023 File #: 23-0002
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for the Water Division Bin Storage Construction and authorization to advertise for bids.

3. RECOMMENDED ACTION
Approve the plans and specifications and authorize advertising for Bid No. 22-23.24.

4. FISCAL IMPACT
The total expenditure is $512,000 and will be funded in South Water Yard Storage Replacement (20429) through the Water Fund (600).

Covering the materials would help minimizing erosion runoff into the storm drain system.

This approach would allow the project to progress forward within the approved budget. The total City of Orange Page 1 of 2 Printed on 1/5/2023
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Item #: 3.12. 1/10/2023 File #: 23-0002
This approach would allow the project to progress forward within the approved budget. The total estimated construction cost for the bin storage construction is $512,000.

7. ATTACHMENTS
· Location Map
City of Orange Page 2 of 2 Printed on 1/5/2023
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LOCATION MAP
NTS

WATER DIVISION

BIN COVER
PROJECT (W-724)
N
168
Agenda Item
City Council
Item #: 3.13. 1/10/2023 File #: 23-0003
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for the Old Towne Street Lighting Project, and authorization to advertise for bids.

2. SUMMARY
Plans and specifications have been prepared and seeking authorization to advertise for bids for the Old Towne Street Lighting Project. The total estimated construction cost, including 15% for contingencies and construction engineering, is $200,000.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for Bid No. 22-23.20, SP-4092.

4. FISCAL IMPACT
The total expenditure for this contract, including 15% for contingencies and construction engineering, is $200,000 and will be funded in Old Towne Street Lighting (17061) through the Capital Projects Fund (500).

6. DISCUSSION AND BACKGROUND
The project will focus on installing new acorn streetlights in Old Towne. Shaffer Street between Chapman Avenue and Maple Avenue was selected to enhance safety for high pedestrian use near the Orange Public Library & History Center.

The proposed streetlight replacement project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA guidelines Section 15302, Class 2 “Replacement or Reconstruction”. The CEQA Notice of Exemption will be filed with the County Recorder’s Office upon Council’s approval of the plans and specifications.

City of Orange Page 1 of 2 Printed on 1/5/2023
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Item #: 3.13. 1/10/2023 File #: 23-0003
Specifications and cost estimates are available for review in the Public Works Department.

7. ATTACHMENTS
· Location Map
City of Orange Page 2 of 2 Printed on 1/5/2023
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Agenda Item
City Council
Item #: 3.13. 1/10/2023 File #: 23-0003
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for the Old Towne Street Lighting Project, and authorization to advertise for bids.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for Bid No. 22-23.20, SP-4092.

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Item #: 3.13. 1/10/2023 File #: 23-0003
Specifications and cost estimates are available for review in the Public Works Department.

7. ATTACHMENTS
· Location Map
City of Orange Page 2 of 2 Printed on 1/5/2023
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Location Map
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0 90 180 360 540 720
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Agenda Item
City Council
Item #: 3.14. 1/10/2023 File #: 22-0709
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Annual Concrete Replacement at Various Locations Phase II, Fiscal Year 2022-2023; and authorization to advertise for bids.

2. SUMMARY
Plans and specifications have been completed and the project is ready to be advertised for bids. The total estimated construction cost, including contingencies and construction engineering (15%), is $1,016,000.

3. RECOMMENDED ACTION

1. Approve plans and specifications and authorize advertising for Bid No. 22-23.21.

3. Authorize the appropriation of $150,000 from Unreserved Fund 287 Citywide TSIP to expenditure account number 287.5011.56330.13120 Pavement Management Program.

4. FISCAL IMPACT
The total expenditure, including the 15% contingency, for this project is $1,016,000 and will be funded in Pavement Management Program (13120) through:

Measure M (263) $831,735
Citywide TSIP (287) 184,265
Total $1,016,000

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

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

6. DISCUSSION AND BACKGROUND
The project is part of the annual street maintenance program to replace at various locations curb, gutter, sidewalk, driveway, cross gutter, and Americans with Disabilities Act (ADA) sidewalk access ramps. The Annual Concrete Replacement Project, within the Pavement Management Program (13120), includes a component of annual maintenance services on a scale large enough that these City of Orange Page 1 of 2 Printed on 1/5/2023
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Item #: 3.14. 1/10/2023 File #: 22-0709
(13120), includes a component of annual maintenance services on a scale large enough that these services require an outside contractor. As such, this contract is funded from both the operations and the Capital Improvement Project (CIP) budgets previously approved by Council. The recommended actions also include a transfer of funds from CIP #20383 (Cannon/Serrano Intersection Modification) to correct an over encumbrance originally programmed in that project. With this transfer, more street rehabilitations can be completed.

Utilizing the City’s Pavement Management Plan (PMP) ranking of the current street conditions, City staff prepared a list of streets requiring pavement rehabilitation for Fiscal Year 2022-2023. The street rehabilitation projects are scheduled for authorization to advertise later this fiscal year, and this project will replace all the needed concrete improvements in preparation for the pavement rehabilitation work.

The total estimated quantities for concrete replacement are as follows:

Item Quantity Unit Description
1 1,460 LF Curb and Gutter
2 2,890 SF Sidewalk
3 86 EA ADA Sidewalk Access Ramps
4 1,350 SF Cross Gutter and Spandrel
LF = Linear Feet, SF = Square Foot, EA= Each
Construction is scheduled to begin in March 2023 and is expected to be completed within 90 calendar days.

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

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

7. ATTACHMENTS
· Location Maps
City of Orange Page 2 of 2 Printed on 1/5/2023
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Agenda Item
City Council
Item #: 3.14. 1/10/2023 File #: 22-0709
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Annual Concrete Replacement at Various Locations Phase II, Fiscal Year 2022-2023; and authorization to advertise for bids.

3. RECOMMENDED ACTION

1. Approve plans and specifications and authorize advertising for Bid No. 22-23.21.

3. Authorize the appropriation of $150,000 from Unreserved Fund 287 Citywide TSIP to expenditure account number 287.5011.56330.13120 Pavement Management Program.

4. FISCAL IMPACT
The total expenditure, including the 15% contingency, for this project is $1,016,000 and will be funded in Pavement Management Program (13120) through:

Measure M (263) $831,735
Citywide TSIP (287) 184,265
Total $1,016,000

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

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

6. DISCUSSION AND BACKGROUND
The project is part of the annual street maintenance program to replace at various locations curb, gutter, sidewalk, driveway, cross gutter, and Americans with Disabilities Act (ADA) sidewalk access ramps. The Annual Concrete Replacement Project, within the Pavement Management Program (13120), includes a component of annual maintenance services on a scale large enough that these City of Orange Page 1 of 2 Printed on 1/5/2023
powered by Legistar™176
Item #: 3.14. 1/10/2023 File #: 22-0709
(13120), includes a component of annual maintenance services on a scale large enough that these services require an outside contractor. As such, this contract is funded from both the operations and the Capital Improvement Project (CIP) budgets previously approved by Council. The recommended actions also include a transfer of funds from CIP #20383 (Cannon/Serrano Intersection Modification) to correct an over encumbrance originally programmed in that project. With this transfer, more street rehabilitations can be completed.

The total estimated quantities for concrete replacement are as follows:

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

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

7. ATTACHMENTS
· Location Maps
City of Orange Page 2 of 2 Printed on 1/5/2023
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Annual Concrete FY22-23 Phase II: Location Map 1
11/9/2022, 3:51:35 PM
0 0.05 0.1 0.2 mi
0 0.075 0.15 0.3 km
1:4,514
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | µ
City of Orange - Engineering Design178
Annual Concrete FY22-23 Phase II: Location Map 2
11/17/2022, 10:35:30 AM
0 0.05 0.1 0.2 mi
0 0.075 0.15 0.3 km
1:4,514
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design
µ
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Annual Concrete FY22-23 Phase II: Location Map 3
11/17/2022, 10:39:55 AM
0 0.0275 0.055 0.11 mi
0 0.0425 0.085 0.17 km
1:2,257
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | µ
City of Orange - Engineering Design180
Annual Concrete FY22-23 Phase II: Location Map 4
11/17/2022, 10:48:12 AM
0 0.0275 0.055 0.11 mi
0 0.0425 0.085 0.17 km
1:2,257
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | µ
City of Orange - Engineering Design181
Annual Concrete FY22-23 Phase II: Location Map 5
11/17/2022, 11:30:04 AM
0 0.0275 0.055 0.11 mi
0 0.0425 0.085 0.17 km
1:2,257
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | µ
City of Orange - Engineering Design182
Annual Concrete FY22-23 Phase II: Location Map 6
11/17/2022, 11:39:44 AM
0 0.025 0.05 0.1 mi
0 0.04 0.08 0.16 km
1:2,257
County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design
µ
183
Annual Concrete FY22-23 Phase II: Location Map 7
11/17/2022, 11:50:28 AM
0 0.0275 0.055 0.11 mi
0 0.0425 0.085 0.17 km
1:2,257
County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | µ
City of Orange - Engineering Design184
Annual Concrete FY22-23 Phase II: Location Map 8
11/21/2022, 8:02:31 AM
0 0.05 0.1 0.2 mi
0 0.075 0.15 0.3 km
1:4,514
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | µ
City of Orange - Engineering Design185
Annual Concrete FY22-23 Phase II: Location Map 9
11/21/2022, 8:08:50 AM
0 0.05 0.1 0.2 mi
0 0.075 0.15 0.3 km
1:4,514
County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design
µ
186
Annual Concrete FY22-23 Phase II: Location Map 10
11/21/2022, 8:43:01 AM
0 0.05 0.1 0.2 mi
0 0.075 0.15 0.3 km
1:4,514
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | µ
City of Orange - Engineering Design187
Annual Concrete FY22-23 Phase II: Location Map 11
11/21/2022, 9:09:54 AM
0 0.05 0.1 0.2 mi
0 0.075 0.15 0.3 km
1:4,514
County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | µ
City of Orange - Engineering Design188
Annual Concrete FY22-23 Phase II: Location Map 12
12/2/2022, 4:06:42 PM
0 0.0275 0.055 0.11 mi
0 0.0425 0.085 0.17 km
1:2,257
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | µ
City of Orange - Engineering Design189
Agenda Item
City Council
Item #: 3.15. 1/10/2023 File #: 22-0725
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Mary Binning, Senior Assistant City Attorney

1. SUBJECT
Claims for Damages.

2. SUMMARY
Seven claims have been received and investigated by the City Attorney’s Office and/or the Risk Manager with the involved departments.

3. RECOMMENDED ACTION
Deny the following claims and refer to City Attorney and Claims Adjuster:

1. Stuart L. Lovi

2. Axel Estrada

3. Jatinder Kaur

4. Izabella Vigo

5. Yesenia Gonzalez Ortega

6. Akram Nabulsi

7. Kyle Wong

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND

1. Claim from Stuart L. Lovi for reimbursement of related fees for illegal parking.

2. Claim for damages from Axel Estrada alleging property damage when a street sweeper struck Claimant’s vehicle.

3. Claim for damages from Jatinder Kaur alleging property damage to Claimant’s vehicle when driving through a pothole.

4. Claim for damages from Izabella Vigo alleging property damage when a City tree branch fell on Claimant’s vehicle during a high wind event.

5. Claim for damages from Yesenia Gonzalez Ortega alleging personal injury when Claimant fell off a bike in Irvine Regional Park.

6. Claim for damages from Akram Nabulsi alleging property damage and personal injury when City of Orange Page 1 of 2 Printed on 1/5/2023
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Item #: 3.15. 1/10/2023 File #: 22-0725
a tree fell on Claimant’s vehicle while driving in the city of Anaheim.

7. Claim for damages from Kyle Wong alleging violations of the Unruh Act and the American Disabilities Act.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.15. 1/10/2023 File #: 22-0725
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Mary Binning, Senior Assistant City Attorney

1. SUBJECT
Claims for Damages.

2. SUMMARY
Seven claims have been received and investigated by the City Attorney’s Office and/or the Risk Manager with the involved departments.

3. RECOMMENDED ACTION
Deny the following claims and refer to City Attorney and Claims Adjuster:

1. Stuart L. Lovi

2. Axel Estrada

3. Jatinder Kaur

4. Izabella Vigo

5. Yesenia Gonzalez Ortega

6. Akram Nabulsi

7. Kyle Wong

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND

1. Claim from Stuart L. Lovi for reimbursement of related fees for illegal parking.

2. Claim for damages from Axel Estrada alleging property damage when a street sweeper struck Claimant’s vehicle.

3. Claim for damages from Jatinder Kaur alleging property damage to Claimant’s vehicle when driving through a pothole.

4. Claim for damages from Izabella Vigo alleging property damage when a City tree branch fell on Claimant’s vehicle during a high wind event.

5. Claim for damages from Yesenia Gonzalez Ortega alleging personal injury when Claimant fell off a bike in Irvine Regional Park.

6. Claim for damages from Akram Nabulsi alleging property damage and personal injury when City of Orange Page 1 of 2 Printed on 1/5/2023
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Item #: 3.15. 1/10/2023 File #: 22-0725
a tree fell on Claimant’s vehicle while driving in the city of Anaheim.

7. Claim for damages from Kyle Wong alleging violations of the Unruh Act and the American Disabilities Act.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.16. 1/10/2023 File #: 22-0636
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to California Professional Engineering, Inc. for Chapman Avenue and Batavia Street Left-Turn Signal Modification Project; Bid No. 22-23.18 (SP-4036).

2. SUMMARY
Bids for the Chapman Avenue and Batavia Street Left-Turn Signal Modification Project, HSIPL-5073 (090), were received and opened on December 1, 2022. Five bidders responded to the Notice Inviting Bids. The apparent low bidder is California Professional Engineering, Inc. of La Puente, CA for $497,618.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $120,000 from Fund 263 (Measure M2) unreserved fund balance to expenditure account number 263.5074.56100.20329, CIP-Chapman Avenue and Batavia Street Left-Turn Signal Modification.

4. FISCAL IMPACT
The total expenditure for this contract, including the 10% contingency, is $547,379.80 and will be funded in Chapman and Batavia Left Turn Signal Modification (20329) through:

Reimbursable Capital Projects (550) $344,800.00
Measure M2 (263) 202,579.80
Total $547,379.80

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
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Item #: 3.16. 1/10/2023 File #: 22-0636
b: Provide facilities and services to meet customer expectations

6. DISCUSSION AND BACKGROUND
Project Description and Background:

This project will provide traffic signal and intersection improvements at Chapman Avenue and Batavia Street. The improvements include new video detection, protected left-turn phasing for the north-south legs (Batavia Street), new Americans with Disabilities Act (ADA) compliant curb ramps, new traffic signal poles, and various traffic signal-related improvements. Protected left-turn phasing for the eastwest legs (Chapman Avenue) already exists.

The City has pursued and obtained funding from Caltrans under the Highway Safety Improvement Program (HSIP) Cycle 8 to fund the various improvements provided by the project. HSIP is a federal aid program with the goal of achieving a significant reduction in fatalities and serious injuries on all public roads. The City has received authorization from Caltrans to begin the construction phase of the project. The City has entered into an agreement with Caltrans for 100% reimbursement for the construction of this project up to the amount of $359,800, which includes both construction and construction engineering costs.

Bid Results:

The City Council previously approved an advertisement for bids on June 8, 2021. The bid solicitation was advertised on November 10, 2022 for a period of four weeks and bids were opened on December 1, 2022. Five bids were received as follows:

1. California Professional Engineering, Inc. $497,618

2. Elecnor Belco Electric, Inc. $502,934

3. DBX, Inc. $525,200

4. Crosstown Electrical & Data, Inc. $578,476

5. Servitek Electric, Inc. $590,632
The low bid is about 38% higher than the Engineer’s Estimate. This is consistent with industry-wide cost increases related to supply-chain challenges and labor and material costs for manufacturing traffic signal equipment. Staff checked the references and qualifications for California Professional Engineering, 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 California Professional Engineering, Inc. be awarded the contract in the total amount of $547,379.80, representing an original amount of $497,618.00, plus a 10% contingency of $49,761.80 for the Chapman Avenue and Batavia Street Left Turn Signal Improvements - HSIPL-5073(090) project.

Environmental Clearance and Project Schedule:

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

Construction is scheduled to begin in August 2023 due to long manufacturing lead times and is expected to be completed within 60 calendar days.

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

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Agenda Item
City Council
Item #: 3.16. 1/10/2023 File #: 22-0636
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to California Professional Engineering, Inc. for Chapman Avenue and Batavia Street Left-Turn Signal Modification Project; Bid No. 22-23.18 (SP-4036).

3. RECOMMENDED ACTION

1. Authorize the appropriation of $120,000 from Fund 263 (Measure M2) unreserved fund balance to expenditure account number 263.5074.56100.20329, CIP-Chapman Avenue and Batavia Street Left-Turn Signal Modification.

4. FISCAL IMPACT
The total expenditure for this contract, including the 10% contingency, is $547,379.80 and will be funded in Chapman and Batavia Left Turn Signal Modification (20329) through:

Reimbursable Capital Projects (550) $344,800.00
Measure M2 (263) 202,579.80
Total $547,379.80

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
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Item #: 3.16. 1/10/2023 File #: 22-0636
b: Provide facilities and services to meet customer expectations

6. DISCUSSION AND BACKGROUND
Project Description and Background:

Bid Results:

1. California Professional Engineering, Inc. $497,618

2. Elecnor Belco Electric, Inc. $502,934

3. DBX, Inc. $525,200

4. Crosstown Electrical & Data, Inc. $578,476

Environmental Clearance and Project Schedule:

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

Construction is scheduled to begin in August 2023 due to long manufacturing lead times and is expected to be completed within 60 calendar days.

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Item #: 3.16. 1/10/2023 File #: 22-0636

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

City of Orange Page 3 of 3 Printed on 1/5/2023
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City of Orange: Summary of Bid Abstracts for:
1 2 3 4 5
Bid No. 22-23.18; Project No. SP-4036
Date of Bid Opening: 12/01/2022
Tel. No. (626) 810-1338 Tel. No. (909) 993-5470 Tel. No. (951) 296-9909 Tel. No. (626) 813-6693 Tel. No. (626) 227-1650 NO. DESCRIPTION OF WORK QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Traffic Control 1 LS $ 15,370.00 $15,370.00 $14,600.00 $14,600.00 $31,000.00 $31,000.00 $10,000.00 $10,000.00 $15,000.00 $15,000.00 $15,300.00 $15,300.00 2 Traffic Signal Modification per Plans and
Specifications
1 LS $ 317,594.00 $317,594.00 $408,273.00 $408,273.00 $398,183.00 $398,183.00 $400,700.00 $400,700.00 $474,631.00 $474,631.00 $484,715.00 $484,715.00 3 Install Signing and Striping 1 LS $ 1,372.00 $1,372.00 $12,185.00 $12,185.00 $11,751.00 $11,751.00 $10,500.00 $10,500.00 $12,745.00 $12,745.00 $14,457.00 $14,457.00 4 Construct ADA Compliant Sidewalk
Access Ramp Per City Standard Plan 121,
Type Per Plan
4 EA $ 6,366.00 $25,464.00 $15,640.00 $62,560.00 $15,500.00 $62,000.00 $26,000.00 $104,000.00 $19,025.00 $76,100.00 $19,040.00 $76,160.00 Grand Total $359,800.00 $497,618.00 $502,934.00 $525,200.00 $578,476.00 $590,632.00

ENGINEER'S ESTIMATE
SP-4036 Chapman Avenue and Batavia Street Left-Turn
Signal Modification; HSIPL-5073(090)
California Professional
Engineering, Inc.

La Puente, CA
Elecnor Belco Electric, Inc.

Chino, CA
DBX, Inc.

Temecula, CA
Crosstown Electrical & Data, Inc.

Irwindale, CA
Servitek Electric, Inc.

Walnut, CA

Page 1 of 1 ends

CONTRACT
[Chapman Avenue and Batavia Street Left-Turn Signal Modification; HSIPL-5073(090); SP-4036 (Bid No. 22-23.18)]
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 CALIFORNIA PROFESSIONAL ENGINEERING INC., a California corporation (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed
a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two (2) bonds presented to City with this Contract and incorporated herein by this reference, Contractor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in good workmanship and substantial manner the work (the “Work”) described in:
(1) The Construction Plans for Chapman Avenue and Batavia Street Left-Turn Signal Modification, HSIPL-5073(090) (Drawing SP-4036) prepared for City by Architectural Engineering Technology, Inc. (AET & Associates), approved by the “Engineer” (as defined herein below) on October 28, 2022, and consisting of sheets numbered 1 through 4, 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, except the definition of “Subcontractor” in Section 1.2 (General – Terms and Definitions) of Part 1 (General Provisions) of the Greenbook, which is hereby amended in its entirety to read as follows: “Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor for the performance of a part of the Work;” (4) The Federal Requirements for Federal-Aid Construction Projects depicted on Attachment No. 3 attached hereto and incorporated herein by this reference; (5) The Labor Relations Documents depicted on Attachment No. 4 attached hereto and incorporated herein by this reference;
(6) The “City of Orange Standard Special Provisions;”
(7) The Standard Plans;
201
2 (8) The Federal Prevailing Wages Rates for the Work Depicted in Attachment No. 5 attached hereto and incorporated herein by this reference; and (9) 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.” 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 Traffic Engineer, Larry Tay (“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 202
3 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 sixty (60) 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 FOUR HUNDRED NINETY-SEVEN THOUSAND SIX HUNDRED EIGHTEEN DOLLARS and 00/100 ($497,618.00) unless said amount is amended by Contract Change Order approved by the City, as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.
b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of FORTY-NINE THOUSAND SEVEN HUNDRED SIXTY-ONE DOLLARS and 80/100 ($49,761.80) 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 203
4 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 FIVE HUNDRED FORTY-SEVEN THOUSAND THREE HUNDRED SEVENTYNINE DOLLARS and 80/100 ($547,379.80).

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

ARTICLE 5
Guarantees
a. Contractor guarantees the construction and installation of all Work included in the Plans and Specifications for which Contractor has been awarded this Contract. b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty equipment, workmanship, materials furnished or methods of installations, or should said Work or any part thereof fail to function properly, as designed, due to any of the above causes within twelve (12) months after the date on which said Work is accepted by City, Contractor shall make repairs and furnish such materials and equipment as are necessary to be furnished and installed within fifteen (15) calendar days after the receipt of a demand from City.
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.
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5 ARTICLE 6
Water Quality
a. The Santa Ana Regional Water Quality Control Board (“RWQCB”) has issued National Pollutant Discharge Elimination System (“NPDES”) Permit No. R8-2009-0030 (the “Permit”), which governs storm water and non-storm water discharges resulting from municipal activities performed by City or its contractors. In order to comply with the Permit requirements, the County of Orange has prepared a Drainage Area Management Plan (“DAMP”), containing Model Maintenance Procedures with Best Management Practices (“BMPs”) that City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, storm water runoff, and receiving water quality. Examples include: wash water from cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas.
b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the office of City’s Director of Public Works. Contractor hereby acknowledges that it has read, reviewed and understands the Permit, the DAMP and the Model Maintenance Procedures, as they relate to the Work and hereby shall perform the Work in conformance therewith.

ARTICLE 7
Independent Contractor; Contractor not Agent
a. At all times during the term of this Contract, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor’s services rendered pursuant to this Contract. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Contract. Contractor 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. 205
6 To the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions. c. Contractor shall secure the payment of compensation to its employees in accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
d. Contractor shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against 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, 206
7 sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

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

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

ARTICLE 11
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 207
8 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.
(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:
208
9 (1) City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor (any auto), 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. 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.
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10 ARTICLE 13
Termination
City, acting through its City Manager or his/her designee, reserves the right to terminate this Contract for any reason by giving five (5) days’ written notice of intent to terminate to Contractor. Upon receipt of notice, Contractor shall immediately cease work, unless the notice provides otherwise. Should City terminate this Contract, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Contract, unless such termination shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

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

ARTICLE 15
Compliance with Laws
a. Contractor shall be knowledgeable of and 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 210
11 (4) Has responded, and shall at all times during the term of this Contract respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration. c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services under this Contract.
d. Contractor shall, upon request of City, provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in 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.
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12 ARTICLE 18
Notice
Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
California Professional Engineering, Inc. City of Orange 19062 San Jose Avenue 300 E. Chapman Avenue
La Puente, CA 91748 Orange, CA 92866-1591
Attn: Van Nguyen Attn: Gabrielle Hayes
Telephone: (626) 810-1338 Telephone: (714) 744-5561
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] 212
13 “CITY”

CONTRACT, BONDS AND INSURANCE
APPROVED BY:

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

Daniel R. Slater
Mayor of the City of Orange
ATTEST:

Pamela Coleman, City Clerk
“CONTRACTOR”

CALIFORNIA PROFESSIONAL
ENGINEERING, INC., a California corporation
[Note: Signature of Chairman of the By:

Board, President or Vice President is Printed Name:
required] Title:
[Note: Signature of Secretary, Assistant By:

Secretary, Chief Financial Officer or Printed Name:

Assistant Treasurer is also required] Title:
213
Attachment No. 1

Page 1 of 13 ends

Orange City CouncilJanuary 10, 2023

Orange City Council
January 10, 2023