Agenda packet — Orange City Council, February 14, 2023 (part 1 of 6)

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

DAN SLATER
Mayor

ARIANNA BARRIOS
Mayor pro tem, 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
February 14, 2023
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. (Continued on page 2)

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1 City Council Agenda February 14, 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 February 14, 2023
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER

1.1 INVOCATION
Pastor Brenton Fessler, Orange Police Department Chaplain & RefugeOC Pastor

1.2 PLEDGE OF ALLEGIANCE
Councilmember Jon Dumitru

1.3 ROLL CALL

1.4 PRESENTATIONS/ANNOUNCEMENTS

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 January 5, 13, 19, and 27, 2023.

Approve.

Recommended Action:

Attachments: Staff Report

3.3. Approval of minutes of the City of Orange City Council Regular Meeting held on January 10, 2023, and Special Meeting held on January 23, 2023.

Approve minutes as presented.

Recommended Action:

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3 City Council Agenda February 14, 2023
Staff Report
January 10, 2023, Regular Meeting minutes
January 23, 2023, Special Meeting minutes
Attachments:

3.4. First Amendment to Fiscal Year 2022-2023 Community Development Block Grant Program Memorandum of Understanding and Second Amendment to the 2022-2023 Annual Action Plan to increase funding for the project.

1. Authorize the Amendment to the Memorandum of Understanding (AGR-7407) to increase proposed project CDBG funding by $97,980.66, for a total not-to-exceed amount of $727,510.66, amend the Project Description to reflect the revised project scope, and authorize the City Manager or his designee to execute the amendment on behalf of the City.

2. Authorize the Second Amendment to the 2022-2023 Annual Action Plan to increase the allocation to the 2022-2023 Street Rehabilitation project by $97,980.66 to a total allocation of $727,510.66 and submit the Amendment to the Department of Housing and Urban Development (HUD).

3. Authorize the transfer of $97,980.66 from expenditure account number 310.9645.57130.11070, Community Development Block Grant - Contingency to expenditure account number 310.9645.56582.20500, Community Development Block Grant - Sycamore and Palmyra Neighborhoods Street Rehabilitation.

Recommended Action:

Staff Report
First Amendment to the Memorandum of Understanding
Second Amendment to the 2022-2023 Annual Action Plan
Attachments:

3.5. First Amendment to Agreement with Complete Paperless Solutions, LLC for Laserfiche annual maintenance and dedicated support.

Approve the amendment to the agreement with Complete Paperless Solutions, LLC for a three-year term totaling $196,050, paid in three one-year increments of $65,350 for Laserfiche support, and providing product updates and enhancements; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
First Amendment to Agreement with Complete Paperless Solutions, LLC
Attachments:

3.6. First Amendment to Agreement for Production of Orange International Street Fair with Orange International Street Fair, Inc.

Approve the Amendment to Agreement with Orange International Street Fair, Inc. for Production of Orange International Street Fair; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

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4 City Council Agenda February 14, 2023
Staff Report
First Amendment to Agreement for Production of Orange
International Street Fair
Attachments:

3.7. Appropriation of $34,186 in designated grant funding received from the California Department of Resources Recycling and Recovery for the Beverage Container Recycling City Payment Program.

1. Accept into the City’s revenue budget a $34,186 grant from the California Department of Resources Recycling and Recovery into revenue account number 220.5022.45290.20526, Sewer - Beverage Container Program 21-22.

2. Authorize the appropriation of $34,186 into the following expenditure account numbers Sewer - Beverage Container Program 21-22:
220.5022.51001.20526 Contractual Services $20,686
220.5022.53001.20526 Materials and Supplies $12,000
220.5022.50002.20526 Regular Salaries - Misc $ 1,500
Recommended Action:

Attachments: Staff Report

3.8. Approval of plans and specifications for Annual Pavement Maintenance at Various Locations, Fiscal Year 2022-2023; and authorization to advertise for bids.

Approve the plans and specifications and authorize advertising for Bid No.22-23.27 (SP-4228).

Recommended Action:

Staff Report
Location Maps
Attachments:

3.9. Approval of plans and specifications for Taft Avenue & Lewis Street Water Quality Storm Drain Improvement Project, and authorization to advertise for bids.

Approve plans and specifications and authorize advertising for Bid No. 22-23.29.

Recommended Action:

Staff Report
Location Map
Attachments:

3.10. Approval of plans and specifications for Replacement of Rolling Garage Doors at Various Locations; and authorization to advertise for bids.

Approve plans and specifications and authorize advertising for Bid No. 22-23.32 Recommended Action:

Attachments: Staff Report

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5 City Council Agenda February 14, 2023

3.11. Claims for Damages.

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

1. Nora Ochoa

2. D. Christine Collins

3. John Tseheridis

4. Alannah Noel Angel

5. Warren Muir and Terri Glover

6. Vicki Short
Recommended Action:

Attachments: Staff Report

3.12. Award of Contract to Robertson Industries, Inc. for the rubberized tot lot surface installation at El Modena Park and the replacement of the rubberized tot surface at Serrano Park.

1. Approve contract with Robertson Industries, Inc. in the amount of $190,547.50; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $32,764.50 in unreserved Park Acquisition (Infill) (510) fund balance to expenditure account 510.7021.56020.20440 - CIP Building and Improvements.

Recommended Action:

Staff Report
Attachment 1 - Contract - Robertson Industries
Attachment 2 - Exhibit A - Scope of Work El Modena and Serrano Attachment 3 - OMNIA Cooperative Contract
Attachments:

3.13. Award of Contract to USA Shade and Fabric Structures, Inc. of PlayPower, Inc. for purchase and installation of tot lot shade structures at Belmont and La Veta Parks.

Approve the contract with USA Shade and Fabric Structures, Inc. in the amount of $183,641 for the installation of shade structures at the Belmont and La Veta Parks tot lots; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Attachment 1 - Contract – USA Shade & Fabric Structures for Belmont and La Veta Parks Shade Structures
Attachment 2 - Exhibit A - USA Shade Scope of Work
Attachment 3 - Sourcewell Awarded Contract - PlayPower, Inc.

Attachments:

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6 City Council Agenda February 14, 2023

3.14. Award of Contract to S&H Civilworks for Annual Concrete Replacement at Various Locations Phase II, Fiscal Year 2022-2023; Bid No. 22-23.21.

Approve the contract with S&H Civilworks in the total amount of $1,038,950, representing an original amount of $944,500 plus a 10% contingency of $94,450 for Annual Concrete Replacement Project at Various Locations Phase II, Fiscal Year 2022-2023; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Bid Abstract
Contract with S&H Civilworks
Location Maps
Attachments:

3.15. First Amendment to Contract with American Asphalt South, Inc.; and Final Acceptance of Bid No. 21-22.35, Annual Slurry Seal at Various Locations, and authorization to file Notice of Completion.

1. Approve the First Amendment to Contract in the amount of $51,848.60 with American Asphalt South Inc, for additional work; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Accept Annual Slurry Seal at Various Locations Project (SP-4211) as complete, and authorize staff to file Notice of Completion with the County Recorder.

Recommended Action:

Staff Report
First Amendment to Contract
Notice of Completion and Acceptance
Attachments:

3.16. Final Acceptance of Bid No. 21-22.17, Tustin Street, Katella Avenue & La Veta Avenue Water Quality Storm Drain Improvement Project; and authorization to file Notice of Completion.

Accept Tustin Street, Katella Avenue & La Veta Avenue Water Quality Storm Drain Improvement Project as complete; and authorize staff to file Notice of Completion with the County Recorder.

Recommended Action:

Staff Report
Notice of Completion and Acceptance
Attachments:

3.17. Final Acceptance of Bid No. 22-23.08, Orange Library Facility Rehabilitation; and authorization to file Notice of Completion.

Accept Orange Library Facility Rehabilitation as complete (SP-4231), and authorize staff to file Notice of Completion with the County Recorder.

Recommended Action:

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7 City Council Agenda February 14, 2023
Staff Report
Notice of Completion and Acceptance
Attachments:

3.18. Final Acceptance of Modular Trailer Relocation for Transition to Continuum of Care Phase II; and authorization to file Notice of Completion.

Accept Modular Trailer Relocation for Transition to Continuum of Care Phase II as complete, and authorize staff to file Notice of Completion with the County Recorder.

Recommended Action:

Staff Report
Notice of Completion and Acceptance
Attachments:

3.19. Final Acceptance of Tot Lot Shade Sails Installation at Serrano, Fred Barrera, and El Modena Parks; and authorization to file Notice of Completion.

Accept Tot Lot Shade Sails Installation as complete; and authorize staff to file Notice of Completion with the County Recorder.

Recommended Action:

Staff Report
Notice of Completion and Acceptance
Attachments:

3.20. Second Reading and adoption of 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. Ordinance No. 11-22
Adopt Ordinance No. 11-22.

Recommended Action:

Staff Report
Ordinance No. 11-22
Attachments:

3.21. Authorize increase to blanket purchase order for cabling documentation and cleanup services in the amount of $20,000 for an overall purchase order total of $80,000 from Mark IV Communications, Inc. as a sole source vendor.

Authorize increase to blanket purchase order for cabling documentation and cleanup services from Mark IV Communications, Inc. in the amount of $20,000 for an overall purchase order total of $80,000.

Recommended Action:

Staff Report
Quotation from Mark IV Communications, Inc.

Attachments:

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3.22. Authorize the purchase of two vehicles for various departments using a Cooperative Purchasing Agreement.

1. Approve the purchase of two vehicles from National Auto Fleet Group for $103,000.

2. Approve the purchase of safety equipment and supplies needed to equip the Chevrolet Tahoe from various lowest qualified vendors for $28,000.

Recommended Action:

Attachments: Staff Report

3.23. Monthly Treasurer’s Reports for October, November, and December 2022.

Receive and file.

Recommended Action:

Staff Report
Investment Report for October 2022
Investment Report for November 2022
Investment Report for December 2022
Attachments:

3.24. Adoption of Resolution No. 11433 setting the days and times of City Council regular meetings.

Adopt Resolution No. 11433. A Resolution of the City Council of the City of Orange rescinding Resolution No. 10737 and establishing the City Council regular meetings days and times.

Recommended Action:

Staff Report
Resolutin No. 11433
Attachments:

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

4. REPORTS FROM MAYOR SLATER

4.1. Designation of voting delegates for the 2023 Southern California Association of Governments (SCAG) Regional Conference and General Assembly.

Designate Councilmember Jon Dumitru as the Delegate and Councilmember Denis Bilodeau as the Alternate Representative to the Southern California Association of Governments (SCAG) Annual General Assembly scheduled to be held on May 4, 2023.

Recommended Action:

Staff Report
Email requesting Delegate and Alternate
Attachments:

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4.2. Creation of a Santiago Creek Grand Central Park Preservation and Protection City Council Subcommittee.

4.3. Creation of a Clean Orange City Council Subcommittee.

4.4. Homeless Outreach City Council Subcommittee 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 & Barrios)

5.2. Discussion of potential expansion of Olive Park by acquisition of the following property (Bilodeau):

APN: 360-241-04
Address: 2829 N. Glassell Street
Owner: Discovery, LLC; John Doan, Manager

6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS

6.1. Annual presentation of Local Appointments List of all City Boards, Commissions, and Committees.

1. Confirm Mayor Slater’s recommendation to reappoint the following eligible existing positions: CDBG Program Committee Members Kim Le and Connie Benson for two-year terms respectively expiring June 30, 2025; Design Review Committee Member Anne McDermott for a four-year term expiring June 30, 2027; Investment and Audit Committee Members Jordan Prell and Aaron Christensen for two-year terms respectively expiring June 30, 2025; Library Board of Trustee Member Susie Huber for a three-year term expiring June 30, 2026; and Planning Commissioner Dave Simpson for a four-year term expiring June 30, 2027.

2. Confirm Mayor Slater’s recommendation to appoint Melissa Mikail and Elaine Muselli to the CDBG Program Committee for two-year terms respectively expiring on June 30, 2025.

3. Accept the Local Appointments List and direct the City Clerk to post pursuant to the Maddy Act.

4. Direct the City Clerk to post a Notice of Scheduled Vacancy for the following existing positions:
a. Planning Commission due to expiration of Ernest Glasgow’s term on June 30, 2023
b. Traffic Commission due to expiration of Christian Vaughan’s term on June 30, 2023
Recommended Action:

Staff Report
Local Appointments List
Attendance Reports
Attachments:

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10 City Council Agenda February 14, 2023

6.2. Adoption of Resolution No. 11432 setting the membership number, qualifications and related information for City boards, committees and commissions.

1. Adopt Resolution No. 11432. A Resolution of the City Council of the City of Orange rescinding Resolution Nos. 10229, 11387, 11388, 11355 and 11409 and establishing the number of members, qualifications for membership, purpose, compensation and meetings for specified City boards, committees and commissions.

2. Direct the City Clerk to post a Notice of Vacancy of any newly-created positions pursuant to the Maddy Act.

3. Direct the City Attorney to prepare an ordinance amending the Orange Municipal Code to delete the requirement for a school district representative on the Traffic Commission, along with other applicable revisions.

Recommended Action:

Staff Report
Resolution No. 11432
Attachments:

6.3. Accept resignation of Jonathan Trapesonian from the Planning Commission.

Accept the resignation of Commissioner Jonathan Trapesonian effective February 24, 2023, and direct the City Clerk to post a Notice of Vacancy pursuant to the Maddy Act.

Recommended Action:

Staff Report
Letter of resignation
Attachments:

6.4. Consider the removal of Commissioners Mike Rouse and Chrissy Vaughn from the Park Planning and Community Events Commission.

Consider Mayor Slater’s recommendation to remove Commissioner Mike Rouse and Commissioner Chrissy Vaughn from the Park Planning and Community Events Commission, and direct the City Clerk to post a Notice of Vacancy for both positions pursuant to the Maddy Act.

Recommended Action:

Staff Report
OMC 2.55.010 Removal of Members
Attachments:

7. ADMINISTRATIVE REPORTS

7.1. Employment Agreement with City Attorney Mary E. Binning.

Approve Employment Agreement with City Attorney Mary E. Binning.

Recommended Action:

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11 City Council Agenda February 14, 2023
Staff Report
Employment Agreement
Attachments:

7.2. A follow-up report on healthcare and retirement benefit options for elected City Councilmembers.

Provide direction to staff regarding healthcare and retirement benefits for elected City Councilmembers and direct staff to incorporate any decisions into a future Orange Municipal Code (OMC) Ordinance amendment, California Public Employees’ Retirement System (CalPERS) contract amendment, and a Section 125 premium only plan document, if applicable.

Recommended Action:

Staff Report
2023 Monthly Premium Rates
Council Benefits Costing Projections
Attachments:

7.3. Status of Fiscal Year 2022-23 budget and preliminary projections for Fiscal Year 2023-24 budget preparation.

Receive and file report, and approve the following in one motion:

1. Authorize the transfer of $950,000 from the General Fund (100) unreserved fund balance to Worker’s Compensation Fund (730) unreserved fund balance.

2. Authorize the transfer of $720,000 from the following unreserved fund balances to the Equipment Expense Fund (710) unreserved fund balance:
$566,946 General Fund (100)
$120,719 Water Fund (600)
$ 32,335 Sewer Fund (220)

3. Authorize the appropriation of $340,000 from the unreserved fund balance of the General Fund (100) to expenditure account number 100.0000.51670.30200, Other Professional and Consulting Services - 517 W Struck Transition.

4. Authorize the appropriation of $90,000 from the unreserved fund balance of the General Fund (100) to expenditure account number 100.5013.51670.00000, Plan Check Consulting.

5. Authorize the appropriation of $720,000 from the unreserved fund balance of the Fleet Maintenance Fund (710) to expenditure account number 710.5023.53,720.00000, Fuel Allocation.

6. Authorize the appropriation of $250,000 from the unreserved fund balance of the Capital Project Fund (500) to expenditure account number 500.5032.56100.16302, Minor Traffic Devices.

7. Authorize the appropriation of $70,000 from the unreserved fund balance of the Community Development Block Grant Fund (310) to expenditure account number 310.9645.51770.30200, CDBG Project - 517 W Struck Transition.

8. Authorize the appropriation of $50,000 from the Worker’s Compensation Fund (730) unreserved fund balance to expenditure account number Recommended Action:

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730.0312.52233.00000, Self-Insured Workers Comp.

9. Authorize the appropriation of $29,924 from unreserved fund balance of Low and Moderate Income Housing Asset Fund (921) into the following expenditure account numbers:
$10,000 921.6041.50002.00000, Regular Misc Salaries
$19,924 921.6041.51670.00000, Other Prof. and Consulting Services

10. Authorize the appropriation of $80,971 from the unreserved fund balance of the respective funds into the following expenditure account numbers for project 12222, Other Maintenance Items for the 800 MHZ Communication System:
$38,866 120.4011.53670.12222
$28,340 120.3011.53670.12222
$5,668 600.8041.53670.12222
$2,429 100.7001.53670.12222
$2,429 270.5021.53670.12222
$1,619 220.5022.53670.12222
$810 100.6001.53670.12222
$810 710.5023.53670.12222

11. Adopt Resolution No. 11434. A Resolution of the City Council of the City of Orange Amending Resolution No. 11425 between the City of Orange and Orange Management Association.

12. Adopt Resolution No. 11435. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11424 and amending the citywide pay schedule in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5.

13. Authorize the following changes to the City’s Schedule of Positions:
a. Authorize the Assistant City Manager position in the City Manager’s Office.
b. Eliminate the Internal Audit Manager position in the City Manager’s Office.
c. Reclassify the Assistant City Manager position to a Community Services Director in the Community Services Department.
d. Reclassify the Assistant City Manager position to a Finance Director in the Finance Department.
e. Reclassify the part-time Administrative Specialist position to a part-time benefitted Administrative Assistant position in the City Clerk’s office. f. Reclassify two Parks and Facilities Attendant positions to two Parks Maintenance Worker I positions in the Community Services Department. g. Reclassify the part-time Recreation Coordinator to a full-time Recreation Coordinator position in the Community Services Department. h. Authorize the Assistant Recreation Coordinator position in the Community Services Department.
i. Reclassify the Payroll Technician to a Senior Payroll Specialist in the Finance Department.
j. Authorize the Permit Technician position in the Community Development Department.

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13 City Council Agenda February 14, 2023
Staff Report
General Fund - Mid Year Report Ending 12/31/22
Resolution No. 11434
Resolution No. 11435
Attachments:

8. REPORTS FROM CITY MANAGER

9. PUBLIC HEARINGS

9.1. Appeal No. 0561-22; an appeal of Planning Commission decision upholding Design Review Committee approval of Design Review No. 5077-22; a proposal to construct a new 1,102 square foot duplex unit with an attached 227 square foot garage at the rear of an existing single-family dwelling on a property zoned Duplex Residential at 529 S. Grand Street.

The City Council shall consider the record and such additional evidence as may be offered and may affirm, reverse, or modify, in whole or in part, the action that was appealed. Staff will return to the Council at a subsequent meeting with a Resolution reflecting the action taken.

Recommended Action:

Staff Report
Attachment 1 Appeal No. 0561-22
Attachment 2 Vicinity Map
Attachment 3 Project Plans with Site Photos
Attachment 4 Planning Commission Resolution No. PC 34-22 Attachment 5 Planning Commission Minutes, December 5, 2022 Attachment 6 Planning Commission Staff Report, December 5, 2022 Attachment 7 Appeal No. 0560-22
Attachment 8 Design Review Committee MInutes, October 5, 2022 Attachment 9 Design Review Committee Staff Report, October 5, 2022
Attachments:

9.2. Continued Public Hearing to consider General Plan Amendment No. 2022-0001; City of Orange 2021-2029 Housing Element Update and finding of CEQA exemption. (Continued from February 10, 2023)
Adopt Resolution No. 11431. A Resolution of the City Council of the City of Orange approving General Plan Amendment No. 2022-0001 adopting the City of Orange 2021-2029 General Plan Housing Element.

Recommended Action:

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14 City Council Agenda February 14, 2023
Staff Report
Attachment 1 Resolution No. 11431
Attachment 2 HCD Informal Compliance Letter, January 27, 2023 Attachment 3 Revised Draft 2021-2029 Housing Element Update, February 2023
Attachment 4 HCD Comments and Response Matrix
Attachment 5 Resolution No. 11378, February 8, 2022
Attachment 6 City Council Staff Report and Minutes, February 8, 2022
Attachment 7 Planning Commission Resolution No. PC 01-22 Attachment 8 Planning Commission Staff Report and Minutes, January 3, 2022
Attachments:

9.3. Public Hearing to consider the Second Amendment to the Fiscal Year 2021-2022 Annual Action Plan to incorporate the HOME Investment Partnerships-American Rescue Plan Allocation Plan.

1. Authorize staff to incorporate public comments received at the Public Hearing into the 2021-2022 Annual Action Plan.

2. Approve the Second Amendment to the 2021-2022 Annual Action Plan and submit to the Department of Housing and Urban Development (HUD).

3. Authorize the City Manager or their designee to execute documents related to the Second Amendment of the 2021-2022 Annual Action Plan on behalf of the City.

Recommended Action:

Staff Report
Second Amendment to the 2021-2022 Annual Action Plan
Attachments:

10. ADJOURNMENT
The next Regular City Council meeting will be held on Tuesday, March 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: February 10, 2023

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15 Agenda Item
City Council
Item #: 3.1. 2/14/2023 File #: 23-0047
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
City of Orange Page 1 of 1 Printed on 2/8/2023
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Agenda Item
City Council
Item #: 3.1. 2/14/2023 File #: 23-0047
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
City of Orange Page 1 of 1 Printed on 2/8/2023
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Agenda Item
City Council
Item #: 3.2. 2/14/2023 File #: 23-0048
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 January 5, 13, 19, and 27, 2023.

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. 2/14/2023 File #: 23-0048
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 January 5, 13, 19, and 27, 2023.

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. 2/14/2023 File #: 23-0074
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 January 10, 2023, and Special Meeting held on January 23, 2023.

2. SUMMARY
Submitted for your consideration and approval are the minutes of the above meetings.

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· January 10, 2023, Regular Meeting minutes
· January 23, 2023, Special Meeting minutes
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Agenda Item
City Council
Item #: 3.3. 2/14/2023 File #: 23-0074
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 January 10, 2023, and Special Meeting held on January 23, 2023.

2. SUMMARY
Submitted for your consideration and approval are the minutes of the above meetings.

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· January 10, 2023, Regular Meeting minutes
· January 23, 2023, Special Meeting minutes
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City of Orange
City Council
January 10, 2023

MINUTES - DRAFT
The City Council of the City of Orange, California convened on January 10, 2023, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California. 4:30 PM EMPLOYEE RECOGNITION

1. WELCOME
Mayor Slater welcomed everyone to the Employee Recognition.

2. EMPLOYEE SERVICE AWARDS
Employees were recognized for their years of service to the City and the community.

3. RECESS
The City Council recessed at 5:00 p.m.
5:00 PM CLOSED SESSION

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

1.1 ROLL CALL

Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater

Absent: None

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 to discuss the following:
a. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(b)1.

Title: City Attorney

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22 City Council Minutes - Draft January 10, 2023
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
None

5. ADJOURNMENT
Closed Session was adjourned at 6:13 p.m.
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:20 p.m.

1.1 INVOCATION
Given by Pastor Thomas Copple from Spirit & Truth Worship Center.

1.2 PLEDGE OF ALLEGIANCE
Led by Mayor Dan Slater.

1.3 ROLL CALL

Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater

Absent: None

1.4 PRESENTATIONS/ANNOUNCEMENTS
Orange High School Student Liaison Diego Paz, ASB Ambassador, provided Council with a brief update on school happenings.

El Modena High School Student Liaison Ruby Hewitt, ASB School Board Representative, provided Council with a brief update on school happenings.

Introduction of Miss Orange contestants.

Memorial Adjournment in honor of William "Bill" Steiner.

2. PUBLIC COMMENTS
Public Speakers:

Carole Walters encouraged Council to think about the City as a whole and not just districts.

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Johanna Speiser discussed Fridays for Future OC, a global movement for climate justice, and encouraged the City to consider discussing environmental issues such as Community Choice Energy at future meetings.

Austin Mattison congratulated Mayor Slater on his success in the recent election.

Alexander Kurz congratulated the incoming Councilmembers and spoke about the vision for the City's future.

Jake Comer discussed climate change impacts and the need for dedicated environmental City staff.

Sarah White discussed climate change impacts and encouraged the City to consider discussing climate issues at future meetings.

Alan Kinkaid spoke in opposition of a proposed cemetery near Palmyra Avenue.

Shahir Masri spoke about sustainability and water conservation.

Adrienne Gladson spoke about transparency and the City's appeal process.

Victor Mendez, representing County Supervisor Sarmiento's office, announced the County is looking for volunteers to serve on County Boards Commissions and Committees and encouraged citizens to apply.

Written Public Comments
Janice Brownfield emailed about the importance of the Santiago Creek.

Danett Abbott-Wicker submitted an eComment encouraging the City to adopt a climate plan.

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

ACTION: Approved.

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

Item 3.2 was removed from the Consent Calendar for separate consideration by Councilmember Barrios.

In response to Council's questions, staff discussed the policy for purchasing electric vehicles when possible on an annual basis.

ACTION: A motion was made by Councilmember Barrios, seconded by Councilmember Gutierrez, to approve the confirmation of warrant registers dated December 2, 9, 16, and 22, 2022. The motion carried by the following vote:

Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None

Absent: None

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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.

ACTION: Approved minutes as presented.

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

ACTION: 1) Approved 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 authorized the City Manager to execute on behalf of the City; 2) Accepted 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; and 3) Authorized the appropriation of $11,963 into expenditure account number 353.4011.55131.30214, Equipment - 2022 JAG.

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

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

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

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

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

A speaker card was submitted for Item 3.7; therefore, the item was removed from the Consent Calendar for separate consideration.

Public Speaker
Tracey Curtis spoke in support of approving the agreement and requested Council consider capping the amount Orange Plaza Rotary is billed for each year.

During discussion, staff clarified that Orange Plaza Rotary is only billed for actual expenses accrued.

ACTION: A motion was made by Councilmember Barrios, seconded by Councilmember Gyllenhammer, to 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. The motion carried by the following vote:

Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None

Absent: None

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

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

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25 City Council Minutes - Draft January 10, 2023
921.6041.51670.00000; and 2) Approved 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.

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

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

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

ACTION: 1) Accepted 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 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
2) Authorized the appropriation of $753,458.28 into the expenditure account numbers for Overtime-Safety as follows:

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
3) Authorized the appropriation of $13,828.04 into the expenditure account numbers for Strike Team Expenditures as follows:

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

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

ACTION: Approved plans and specifications and authorized advertising for Bid No. 22-23.20, (S-247).

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

ACTION: Approved the plans and specifications and authorized advertising for Bid No. 22-23.24.

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

Item 3.13 was removed from the Consent Calendar for separate consideration by Councilmember Bilodeau and Mayor Slater.

Councilmember Bilodeau and Mayor Slater expressed concerns with the cost for the project.

During discussion, Council suggested exploring other ways to fund the cost of the project such as applying for grants. In response to Council's questions, staff indicated that the project has been in Public Works' Capital Improvement Projects since 2017 to add additional lighting to this area.

ACTION: A motion was made by Councilmember Bilodeau, seconded by Councilmember Gutierrez, to table this item until the budgeting process in May 2023 and identify other funding opportunities at that time. The motion carried by the following vote:

Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None

Absent: None

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.

ACTION: 1) Approved plans and specifications and authorized advertising for Bid No. 22-23.21; 2) Authorized 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; and 3) Authorized the appropriation of $150,000 from Unreserved Fund 287 Citywide TSIP to expenditure account number 287.5011.56330.13120 Pavement Management Program.

3.15. Claims for Damages.

ACTION: Denied the following claims and referred 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

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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).

ACTION: 1) Authorized 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; and 2) Approved 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 authorized the Mayor and City Clerk to execute on behalf of the City.

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.

ACTION: Awarded 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 authorized the Mayor and City Clerk to execute the contract on behalf of the City.

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

ACTION: 1) Approved the purchase of furniture from Interior Office Solutions, Inc. dba People Space in the amount of $630,000; 2) Authorized 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; and 3) Authorized 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.

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

ACTION: 1) Approved purchase order for traffic control devices and signage with BC Traffic Specialists for $50,000; 2) Approved purchase order for parts and services with Irv Seaver Motorcycles for $60,000; 3) Approved purchase order for parts and services with Daniels Tire Service for $50,000; 4) Approved purchase order for parts and services with Pete’s Road Service, Inc. for $60,000; 5) Approved purchase order for parts and services with Quinn Group Inc-Maintenance for $60,000; 6) Approved purchase order for parts and services with Southern Counties Lubricants for $60,000; 7) Approved purchase order for parts and services with DWWWVF, Inc. for $60,000; 8) Approved purchase order for parts and services with West Coast Batteries for $40,000; and 9) Approved purchase order for parts and services with Western States Converters

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& Transmissions for $60,000.

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

A speaker card was submitted for Item 3.20; therefore, the item was removed from the Consent Calendar for separate consideration.

Public Speaker
Jake Comer encouraged the City to purchase more electric or hybrid vehicles.

Council commented on the possibly using funds received through AB 2766 to purchase electric vehicles, and discussed looking at how these funds are used during the budget process.

ACTION: A motion was made by Councilmember Dumitru, seconded by Councilmember Tavoularis, to approve the purchase of seven vehicles from National Auto Fleet Group for $316,839. The motion carried by the following vote:

Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None

Absent: None

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

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

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.

ACTION: Approved 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 authorized the Mayor and City Clerk to execute on behalf of the City.

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

Item 3.23 was removed from the Consent Calendar for separate consideration by Councilmember Barrios.

Councilmember Barrios clarified she meant to remove Item 3.24 regarding the Audited Financial Statements and Related Financial Reports from Consent to let the public know that the City is in a healthy financial situation.

Assistant Finance Director Katrin Bandhauer reviewed the auditing process by a third party auditor in conjunction with the Investment and Audit Committee.

ACTION: A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gyllenhammer, to receive and file the annual financial reports relating to Transportation System Improvement Program Fees, Park Infill Fees, Fire Protection Facility Fees,

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Police Facility Development Fees, and Library Facilities Development Fees. The motion carried by the following vote:

Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None

Absent: None

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

ACTION: Received and filed 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

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.

ACTION: 1) Adopted 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) Accepted 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) Authorized 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

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

ACTION: 1) Adopted 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) Approved 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.

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Approval of the Consent Calendar
Items 3.2, 3.7, 3.20, and 3.23 were removed from the Consent Calendar and heard separately. All other items were approved as recommended.

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

Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None

Absent: None

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

4. REPORTS FROM MAYOR SLATER

4.1. City Council Reorganization.

Councilmember Gutierrez nominated Councilmember Barrios to serve as Mayor pro tempore.

A motion was made by Councilmember Gutierrez, seconded by Councilmember Dumitru, to select Councilmember Arianna Barrios as Mayor pro tempore for a two-year term. The motion carried by the following vote:

Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None

Absent: None

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

Mayor Slater announced that he will make a recommendation at the City Selection Committee meeting to make the Orange County Sanitation District appointment a two-year term as requested by the Mayor of Placentia.

A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez, to appoint Councilmember Dumitru to serve as the representative to Orange County Sanitation District and Councilmember Gyllenhammer as the alternate. The motion carried by the following vote:

Ayes: Barrios, Tavoularis, Gutierrez, Bilodeau, and Slater Noes: None

Absent: None
Abstain: Dumitru, and Gyllenhammer
A motion was made by Mayor pro tem Barrios, seconded by Councilmember Dumitru, to appoint Councilmember Bilodeau to serve as the representative to the Foothill Eastern TCA and Councilmember Tavoularis as the alternate. The motion carried by the following vote:

Ayes: Barrios, Dumitru, Gutierrez, Gyllenhammer, and Slater Noes: None

Absent: None
Abstain: Tavoularis, and Bilodeau

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A motion was made by Councilmember Gyllenhammer, seconded by Councilmember Tavoularis, to appoint the following Councilmembers to the following regional boards and committees :

Orange City/Schools Coordinating Committee - Councilmember Gutierrez and Councilmember Tavoularis as alternate
North Net JPA - Councilmember Dumitru and Councilmember Tavoularis as alternate Orange Elderly Services - Councilmember Tavoularis and Councilmember Gutierrez as alternate
Santa Ana Flood Protection Agency - Councilmember Bilodeau and Councilmember Gutierrez as alternate.

The motion carried by the following vote:

Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None

Absent: None

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

Council discussed revising the current resolution to establish two regular meetings a month.

Written Public Comments
Regina Mundekis emailed in support of two meetings a month.

Jane Kurtz emailed in support of two meetings a month.

A motion was made by Councilmember Gutierrez, seconded by Mayor pro tem Barrios, to direct staff to return with a revised resolution establishing the second and fourth Tuesday of each month as the Regular Meeting days. The motion carried by the following vote:

Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None

Absent: None
A motion was made by Councilmember Dumitru, seconded by Councilmember Tavoularis, to approve March 2023 as the effective date of the revised resolution establishing the City Council regular meeting days and times. The motion carried by the following vote:

Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None

Absent: None

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

Council discussed expanding the membership of Boards, Committees, and Commissions to seven members allowing for further inclusion and participation from Council in the selection process. Councilmembers will provide their recommendations for appointments to boards, committees, and commissions to the Mayor. The Mayor will retain final approval with Council's confirmation.

Written Public Comments
Regina Mundekis emailed in support of expanding the membership of boards, committees, and commissions.

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Jane Kurtz emailed in support of expanding the membership of boards, committees, and commissions.

A motion was made by Councilmember Dumitru, seconded by Councilmember Gyllenhammer, to direct staff to return with required resolutions and/or ordinances to expand the membership of Boards, Committees, and Commissions to seven members.

The motion carried by the following vote:

Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None

Absent: None

4.5. Health and Welfare Benefits for City Councilmembers.

Council discussed reinstating health and welfare benefits for City Councilmembers. It was mentioned that the City of Orange is the only City in Orange County that does not currently offer health and welfare benefits to its City Council.

Written Public Comments
Regina Mundekis emailed in support of granting health and welfare benefits to City Councilmembers.

Jane Kurtz emailed in support of granting health and welfare benefits to City Councilmembers.

A motion was made by Mayor pro tem Barrios, seconded by Councilmember Dumitru, to direct staff to return with options for reinstating health and welfare benefits to City Councilmembers. The motion carried by the following vote:

Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater Noes: Gyllenhammer

Absent: None

4.6. Orange Homeless Outreach.

Mayor Slater proposed creating a City Council Homeless Outreach subcommittee with Councilmembers Dumitru and Bilodeau joining him as members.

Public Speaker:

Doug Redding spoke in support of establishing the committee.

Written Public Comment
Regina Mundekis emailed regarding the homeless issue in Orange.

A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez, to establish a Homeless Outreach Committee with Mayor Slater, Councilmember Dumitru, and Councilmember Bilodeau as members. The motion carried by the following vote:

Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None

Absent: None

4.7. Meeting with Chief of Police Update.

Police Chief Dan Adams provided Council with an update on Police Department staffing levels.

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5. REPORTS FROM COUNCILMEMBERS

5.1. Highlight Local Business (Gutierrez & Barrios)
Councilmember Gutierrez highlighted the following local business: Next Level Barbershop. Mayor pro tem Barrios highlighted the following local business: Trinity Plumbing.

RECESS: The City Council recessed at 8:32 p.m. and reconvened at 8:47 p.m. with all Members present.

5.2. Chandler/Horowitz Site Update. (Gutierrez)
Councilmember Gutierrez explained she added this item to the agenda after she received a Public Hearing notice from the Santa Ana Regional Water Quality Board regarding this site. She announced the public comment period ends on February 10, 2023, and the Public Hearing is on March 17, 2023.

Public Works Director Chris Cash provided a brief history of the project. Interim City Manager Kisela reported that the City hired an outside consultant to review the project and Waste Discharge Requirement. He summarized a public comment letter that is being sent on behalf of the City expressing concerns with the project.

Public Speakers
David Hillman spoke in opposition of the project.

Leslie Manderscheid spoke in opposition of the project.

Bonnie Robinson spoke in opposition of the project.

5.3. Other Councilmember Reports
Councilmember Tavoularis announced the third and final ad hoc meeting for the North Tustin revisioning plan is scheduled for Thursday, January 26 at 5:30 p.m. in the Council Chamber.

6. REPORTS FROM CITY MANAGER
None

7. PUBLIC HEARINGS
(Item 7.2 was re-ordered to be heard before Item 7.1.)

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.

Administrative Analyst Jessica Herrera provided the staff report.

Mayor Slater opened the Public Hearing at 9:22 p.m.

Public Speakers
The following spoke in support of Hub Resource Center and approval of the item: Tori Kientz, Kylee Simonton, Darryl Borders, Fred Stoughton, Alexandra Geringer, Dana

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34 City Council Minutes - Draft January 10, 2023
Scannell, Joanna Fermin, Holiday Zimmerman, John Aust, Dara Maleki, Angel Ramirez, and Tammy McMullin.

Written Public Comment
Susan Strozewski emailed in support of Hub Resource Center.

Ed Jonke emailed in support of Hub Resource Center.

Mayor Slater closed the Public Hearing at 9:37 p.m.

A motion was made by Councilmember Gutierrez, seconded by Mayor pro tem Barrios, to:
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.

The motion carried by the following vote:

Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None

Absent: None

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)
Assistant Community Development Director Anna Pehoushek provided the staff report.

Mayor Slater opened the Public Hearing at 9:47 p.m.

Public Speakers
Mike Learakos spoke in support of the project.

Geoff Von Der Ahe, applicant, spoke in support of the project and responded to Council's questions.

Mayor Slater closed the Public Hearing at 10:01 p.m.

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35 City Council Minutes - Draft January 10, 2023
During deliberation, Council discussed the bump out, loss of sales tax revenue, and traffic concerns.

Mayor Slater re-opened the Public Hearing at 10:12 p.m. to allow Councilmembers the opportunity to ask the applicant further questions; Mayor Slater closed the Public Hearing at 10:15 p.m.

A motion was made by Councilmember Tavoularis, seconded by Councilmember Gyllenhammer, to direct staff to work with the applicant to reduce the bump out if it enhances the project and to 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. The motion carried by the following vote:

Ayes: Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: Barrios

Absent: None
A motion was made by Councilmember Bilodeau, seconded by Councilmember Gyllenhammer, to 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. The motion carried by the following vote:

Ayes: Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: Barrios

Absent: None

8. ADJOURNMENT
There being no further business, the meeting was Adjourned in Memory of William "Bill" Steiner at 10:18 p.m.

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.
______________________ _________________________
PAMELA COLEMAN DANIEL R. SLATER

CITY CLERK MAYOR

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36 City of Orange
City Council
January 23, 2023

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Monday, January 23, 2023, at 5:00 p.m. for a Special Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
5:00 PM CLOSED SESSION

1. CALL TO ORDER
Mayor Slater called Closed Session to order at 5:02 p.m.

1.1 ROLL CALL

Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater

Absent: None

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None

3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:03 p.m. with all Members present to discuss the following:
a. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(b)1.

Titles: City Manager, City Attorney
RECESS TO REGULAR SESSION: At 6:04 p.m. the City Council recessed from Closed Session to Open Session in the Council Chamber.

The City Council reconvened in Closed Session at 7:12 p.m. with all Members present.

4. CLOSED SESSION REPORT
None

5. ADJOURNMENT
Closed Session was adjourned at 8:17 p.m.

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37 City Council Minutes - Draft January 23, 2023
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:08 p.m.

1.1 PLEDGE OF ALLEGIANCE
Led by Mayor pro tem Arianna Barrios.

1.2 ROLL CALL

Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater

Absent: None

2. ADMINISTRATIVE REPORTS

2.1. Preliminary update on health and welfare benefit options for elected City Councilmembers.

Human Resources Director Monica Espinoza provided the staff report and answered Council's questions.

Public Speaker:

David Casselman expressed concerns with elected officials voting for their own benefits.

Council discussed appropriate amount of benefits and the various options available.

A motion was made by Councilmember Bilodeau, seconded by Councilmember Dumitru, to provide a health care plan for City Councilmembers. The motion carried by the following vote:

Ayes: Dumitru, Tavoularis, Bilodeau, and Slater
Noes: Barrios, Gutierrez, and Gyllenhammer

Absent: None
A motion was made by Councilmember Bilodeau, seconded by Councilmember Tavoularis, to provide a $50,000 Life Insurance benefit for City Councilmembers. The motion failed by the following vote:

Ayes: Dumitru, Tavoularis, and Bilodeau
Noes: Barrios, Gutierrez, Gyllenhammer, and Slater

Absent: None
A motion was made by Councilmember Bilodeau, seconded by Councilmember Dumitru, to enroll Councilmembers in CalPERS retirement system. The motion carried by the following vote:

Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater Noes: Gyllenhammer

Absent: None

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38 City Council Minutes - Draft January 23, 2023
A motion was made by Mayor Slater, to approve $875 for City Councilmembers to cover health care benefits for themselves only and requiring Councilmembers to sign an affidavit confirming they are not currently covered by their spouse or other medical plan.

After further discussion, Mayor Slater withdrew his motion to allow staff time to compile more information about the options for waiving a medical plan, but allowing Councilmembers to opt in for vision and/or dental if needed. Staff was directed to return with a report at the next Regular Council meeting.

Council recessed at 7:06 p.m. and reconvened in Closed Session at 7:12 p.m. with all Members present.

Council reconvened in Open Session at 8:17 p.m. with all Members present.

3. ADJOURNMENT
There being no further business, the meeting was adjourned at 8:18 p.m.

CITY CLERK MAYOR

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39 Agenda Item
City Council
Item #: 3.4. 2/14/2023 File #: 23-0055
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
First Amendment to Fiscal Year 2022-2023 Community Development Block Grant Program Memorandum of Understanding and Second Amendment to the 2022-2023 Annual Action Plan to increase funding for the project.

2. SUMMARY
First Amendment to the Fiscal Year 2022-2023 Community Development Block Grant Program and Second Amendment to the 2022-2023 Annual Action Plan to increase funding to the 2022-2023 Street Rehabilitation Project to cover increased construction costs.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The total expenditure for this amendment is $97,980.66 and will be funded in Sycamore and Palmyra Neighborhoods Street Rehabilitation (20500) through Community Development Block Grant (310).

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

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

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Item #: 3.4. 2/14/2023 File #: 23-0055

6. DISCUSSION AND BACKGROUND
The City of Orange Public Works Department opened construction bid proposals for the Sycamore and Palmyra Neighborhoods Street Rehabilitation project on December 15, 2022. The lowest bid, awarded to Sequel Contractors, Inc. at the January 10, 2023, City Council meeting, was significantly higher than the amount of CDBG funds initially requested. Labor and material costs have been trending significantly higher due to overall inflation and supply chain issues. The Public Works Department received an additional $97,980.66 from the CDBG Contingency Account to fund construction costs, and the Public Works Department will use Measure M2 gas tax funding (263) to cover the remaining amount needed to complete the project per the latest scope.

The proposed increase of $97,980.66 for the 2022-2023 Street Rehabilitation Project will assist the City with covering the higher than anticipated costs of construction, including contingency and construction engineering to complete the project
Citizen Participation Plan
The City’s Citizen Participation Plan provides a guide to ensure citizen and interested party participation in the development of the City’s Annual Action Plan. The Annual Action Plan outlines the City’s plans for the use of Community Development Block Grant (CDBG) funding received in a specific year. Per the Citizen Participation Plan, an increase of over 20% of the original compensation to an approved project requires a substantial amendment to the Annual Action Plan in which the project was approved. The proposed increase of $97,980.66 to the 2022-2023 Street Rehabilitation Project does not meet the criteria for a substantial amendment to the 2022-2023 Action Plan as it is below 20% (or $125,906) of the original allocation.

7. ATTACHMENTS
· First Amendment to the Memorandum of Understanding with Attachment A · Second Amendment to the 2022-2023 Annual Action Plan
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Agenda Item
City Council
Item #: 3.4. 2/14/2023 File #: 23-0055
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

3. RECOMMENDED ACTION

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

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

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Item #: 3.4. 2/14/2023 File #: 23-0055

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FIRST AMENDMENT TO
FY 2022-2023

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND

THE CITY OF ORANGE PUBLIC WORKS DEPARTMENT
This FIRST AMENDMENT TO FY 2022-2023 COMMUNITY DEVELOPMENT

BLOCK GRANT PROGRAM MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE CITY OF ORANGE PUBLIC WORKS DEPARTMENT (“First Amendment”) is entered into as of , 2023, by and between the CITY OF ORANGE, a municipal corporation (“CITY”) and the CITY’s PUBLIC WORKS DEPARTMENT (“DEPARTMENT”) with reference to the following:

A. CITY and DEPARTMENT entered into a FY 2022-2023 Community Development Block Grant Program Memorandum of Understanding Between the City of Orange and the City of Orange Public Works Department (Agreement No. 7407), dated July 1, 2022 (the “MOU”); and B. CITY and DEPARTMENT desire to amend the MOU to reflect an increased budget.

NOW, THEREFORE, the parties hereby agree as follows:

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

Section 2. Cross-References. CITY and DEPARTMENT hereby agree that (a) all references in the MOU or this First Amendment are deemed and construed to refer to the MOU as amended by this First Amendment, and (b) all references in this First Amendment to any section or provision in the MOU are deemed and construed to refer to such section or provision of the MOU, as amended by this First Amendment.

Section 3. Revised Compensation. Section 2 of the MOU, “Compensation,” is hereby amended to reflect an increase in the compensation for the service to be rendered pursuant to the MOU in the amount of NINETY-SEVEN THOUSAND NINE HUNDRED EIGHTY DOLLARS and 66/100 ($97,980.66). Section 2 of the MOU is hereby amended to reflect a total amount of CDBG funds to be disbursed to DEPARTMENT not to exceed SEVEN HUNDRED TWENTY-SEVEN THOUSAND FIVE HUNDRED TEN DOLLARS and 66/100 ($727,510.66) without prior authorization from CITY.

Section 4. Revised Scope of Services. Section 1 of the MOU, “Description of Project,” Attachment A of the Original Agreement, is hereby modified and supplemented to reflect the project description and scope as described in Attachment A attached hereto and incorporated herein by this reference.

Section 5. Integration. This First Amendment amends, as set forth herein, the MOU and, except as specifically amended hereby, the MOU shall remain in full force and effect. To the 44

Page 2 of 2 ends

extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the MOU, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.

IN WITNESS WHEREOF, the parties enter into this First Amendment on the year and day first above written.
“CITY”
CITY OF ORANGE, a municipal corporation
By:

Thomas C. Kisela
Interim City Manager
APPROVED AS TO FORM:

Mary Binning, City Attorney
The terms and conditions of the foregoing Memorandum are understood and accepted:
“DEPARTMENT”
PUBLIC WORKS DEPARTMENT, a department
of the City of Orange
By:

Christopher Cash
Director
45 CITY OF ORANGE

SECOND AMENDMENT TO THE
2022-2023 ANNUAL ACTION PLAN

BACKGROUND
Each year the US Department of Housing and Urban Development (HUD) provides funding for housing and community development programs to the City of Orange, specifically Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Program funds. To receive these funds, the City must complete a report every five year called the Consolidated Plan.

The purpose of the Consolidated Plan is to identify the City of Orange’s housing and community development needs, priorities, goals, and strategies and to stipulate how funds will be allocated to housing and community development activities over the period of the Consolidated Plan, which in this case is every five years.

The City shall amend the approved Consolidated Plan and Annual Action Plans when:
 A substantial change (e.g., 20% or more) in its allocation priorities or a substantial change in the method of distribution of funds takes place; or  Carries out an activity, using funds from any program covered by the consolidated plan (including program income), not previously described in the action plan; or  Substantially change the purpose, scope, location, or beneficiaries of an activity.

The substantial change criteria utilized by the City of Orange in this case, is determined by a the addition of a new activity that was not previously considered by the Council for the use of HUD funding and in which the change would exceed:

1. 20% of the original allocations or when beneficiaries are impacted by the change; and/or

2. Carries out an activity, using funds from any program covered by the consolidated plan (including program income), not previously described in the action plan As required by Title I of the Cranston-Gonzalez National Affordable Housing Act, the City of Orange has submitted an Annual Action Plan for the 2022-2023 fiscal year. This Plans outlines the activities and expected allocation for this year. The City also has a Citizen Participation Plan which outlines procedures for citizen participation in the planning process of the Consolidated Plan and Annual Action Plan particularly to those areas to be affected by the proposed funds.
46 Second Amendment
2022-2023 Annual Action Plan

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AMENDMENT TO 2022-2023 ANNUAL ACTION PLAN
At the June 14, 2022, City Council meeting, members of the City Council approved the allocation of the HUD funds for the 2022 – 2023 fiscal year. Through the Community Development Block Grant (CDBG), the city will allocate an additional $97,980.66 of available funding that has remained unspent on street improvements to various CDBG eligible project locations.

Proposed activities with the expected amount are listed below:
 2022-2023 Street Rehabilitation
The street rehabilitation project will include improvements to the following:

I. Sycamore: Donneybrooke to Eckhoff
II. Ash St: Sycamore to cul-de-sac
III. Holly St: North end to Maple
IV. Holly St. South end to Maple
V. Lilac Ln: Culver to Orchard
VI. Flower St: Culver to Palmyra
VII. Palmyra: Bedford to Flower
o Additional Amount Allocated: $97,980.66
o Total Amount Allocated: $727,510.66
These eligible activities are allowed under the CDBG guidelines.

CITIZEN PARTICIPATION
Per the Citizen Participation Plan, the increased compensation to the 2022-2023 Street Rehabilitation does not constitute a substantial amendment to the 2022-2023 Action Plan as it is below 20% (below $125,906) of the original allocation. 47 Agenda Item
City Council
Item #: 3.5. 2/14/2023 File #: 23-0071
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
First Amendment to Agreement with Complete Paperless Solutions, LLC for Laserfiche annual maintenance and dedicated support.

2. SUMMARY
The maintenance and support agreement for Complete Paperless Solutions, LLC, the City’s Laserfiche document management enterprise, expires in March 2023. This purchase will extend the support agreement for three years, which includes both technical and software support, maintaining software compliance and consistency as well as upgrades.

3. RECOMMENDED ACTION
Approve the amendment to the agreement with Complete Paperless Solutions, LLC for a three-year term totaling $196,050, paid in three one-year increments of $65,350 for Laserfiche support, and providing product updates and enhancements; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $196,050 and will be funded through Information Systems (780).

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

6. DISCUSSION AND BACKGROUND
The City makes heavy use of Laserfiche for document management purposes and considers it the system of record for all City documents. The current Laserfiche Software Assurance Plan expires in March 2023. The City has ten days after the expiration of the purchase to renew without incurring a reinstatement fee. This proposed purchase would extend support of Laserfiche at an annual cost of $65,350 from March 9, 2023 through March 8, 2026.

Complete Paperless Solutions, Inc. (CPS) was selected for their responsiveness, including on site staff training, technical support, and enterprise system integration. The previous agreement included the implementation candidate processing portal for electronic election. City staff was very City of Orange Page 1 of 2 Printed on 2/8/2023
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Item #: 3.5. 2/14/2023 File #: 23-0071
included the implementation candidate processing portal for electronic election. City staff was very satisfied with the level of service in the implementation of candidate processing portal and ongoing technical support

7. ATTACHMENTS
· First Amendment to Agreement with Complete Paperless Solutions, LLC City of Orange Page 2 of 2 Printed on 2/8/2023
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Agenda Item
City Council
Item #: 3.5. 2/14/2023 File #: 23-0071
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
First Amendment to Agreement with Complete Paperless Solutions, LLC for Laserfiche annual maintenance and dedicated support.

4. FISCAL IMPACT
The total expenditure for this agreement is $196,050 and will be funded through Information Systems (780).

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

Complete Paperless Solutions, Inc. (CPS) was selected for their responsiveness, including on site staff training, technical support, and enterprise system integration. The previous agreement included the implementation candidate processing portal for electronic election. City staff was very City of Orange Page 1 of 2 Printed on 2/8/2023
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Item #: 3.5. 2/14/2023 File #: 23-0071
included the implementation candidate processing portal for electronic election. City staff was very satisfied with the level of service in the implementation of candidate processing portal and ongoing technical support

7. ATTACHMENTS
· First Amendment to Agreement with Complete Paperless Solutions, LLC City of Orange Page 2 of 2 Printed on 2/8/2023
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FIRST AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT
[Laserfiche Rio Support Services]
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 COMPLETE PAPERLESS SOLUTIONS, LLC, a California limited liability company (“Contractor”), with reference to the following:

A. City and Contractor entered into a Professional Services Agreement (Agreement No. 7339) dated February 8, 2022, which is incorporated herein by this reference (the “Original Agreement”); and
B. City and Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement by extending the term, 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 First Amendment are deemed and construed to refer to the Original Agreement, as implemented by this First Amendment.

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

Section 4. Term and Payment Schedule. Section 2.1 is hereby added to read as follows:

2.1 Term and Extension(s)
a. The Initial Term of this Agreement commences (the “Initial Term”) February 8, 2022, and expires on March 8, 2023.
b. The First Extension (the “First Extension Term”) is for three years, commencing on March 9, 2023, and terminating on March 8, 2026, in an annual amount of SIXTY-FIVE THOUSAND THREE HUNDRED FIFTY DOLLARS and 00/100 ($65,350.00).
52 2
Section 5 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 a total of ONE HUNDRED NINETY-SIX THOUSAND FIFTY DOLLARS and 00/100 ($196,050.00), paid at one-year increments of SIXTY-FIVE THOUSAND THREE HUNDRED FIFTY DOLLARS and 00/100 ($65,350.00) and Section 2.a is hereby amended in its entirety to read as follows:
“Contractor's total compensation for all services performed under this Agreement, shall not exceed TWO HUNDRED NINETY-NINE THOUSAND FIVE
HUNDRED THIRTY-TWO DOLLARS and 80/100 ($299,532.80) without the prior written authorization of City.”
Section 6. Integration. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.
[Remainder of page intentionally left blank; signatures on next page] 53 3
IN WITNESS of this First Amendment, the parties enter into this First Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
COMPLETE PAPERLESS SOLUTIONS, LLC, CITY OF ORANGE, a municipal corporation a California Limited Liability Company
*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, 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.
√
54 EXHIBIT “A”

SUPPLEMENTAL SCOPE OF SERVICES
[Behind this page.]
55 BY COMPLETE PAPERLES SOLUTIONS - ANAHEIM, CALIFORNIA

LASERFICHE RIO SUPPORT SERVICES RENEWAL
City of Orange
56 - 1 - City of Orange
5130 E. La Palma Avenue, Suite 206
Anaheim, CA 92807
tel: 866-661-2425 fax: 714-716-8215
www.cps247.com

1. Laserfiche LSAP Pricing Renewal
a. Laserfiche Rio Support
Description Quantity Public Price
Laserfiche Rio User (200-499) LSAP 275 $36,300.00
Laserfiche Rio Forms (200-499) LSAP 275 $3,630.00
Laserfiche Rio Public Portal for 1 LF Server LSAP 1 $9,000.00 Laserfiche Rio Forms Portal LSAP 1 $1,600.00
Laserfiche Rio Toolkit LSAP 1 $750.00
Laserfiche Quick Fields Base and Validation Pkgs for Bar Code and Real-Time Lookup LSAP
2 $1,000.00
CPS VIP On-Site Support 1 $13,070.00
Total Year 1 (March 9 2023-March 8 2024) $65,350.00
Total Year 2 (March 9 2024-March 8 2025) $65,350.00
Total Year 3 (March 9 2025-March 8 2026) $65,350.00
Total 3 Year Contract $196,050.00
57 Agenda Item
City Council
Item #: 3.6. 2/14/2023 File #: 23-0075
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, Interim City Manager

1. SUBJECT
First Amendment to Agreement for Production of Orange International Street Fair with Orange International Street Fair, Inc.

2. SUMMARY
The proposed First Amendment to Agreement for Production of Orange International Street Fair would extend the term through December 31, 2024, and make minor adjustments to the event schedule.

3. RECOMMENDED ACTION
Approve the Amendment to Agreement with Orange International Street Fair, Inc. for Production of Orange International Street Fair; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
The Orange International Street Fair (Street Fair) is an annual event produced by the Orange International Street Fair, Inc. (OISF), and held in the Orange Plaza area over Labor Day weekend.

This popular event draws hundreds of thousands of visitors over the three-day period requiring months of planning and coordination. As per the agreement, OISF reimburses the City for all costs and expenses incurred by the City for the production of the event, which is primarily staff time for Orange Police Officers and Public Works personnel. In addition to being a popular community event, Street Fair is also a fundraising opportunity for local nonprofits. All food and beverage booths are operated by nonprofits, with first priority given to Orange-based groups.

The proposed First Amendment to Agreement for Production of Orange International Street Fair would extend the term of the existing agreement with OISF for an additional two years, through December 31, 2024. It would also make minor scheduling adjustments by allowing Children’s Street to remain open until 9 p.m. (the original agreement stipulated that it close at 8:30 p.m.), and that the City of Orange Page 1 of 2 Printed on 2/8/2023
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Item #: 3.6. 2/14/2023 File #: 23-0075
traffic closure of the Street Fair footprint occur at 3 a.m. on the Thursday before the event.

Staff recommends approving the First Amendment to Agreement for Production of Orange International Street Fair.

7. ATTACHMENT
· First Amendment to Agreement for Production of Orange International Street Fair City of Orange Page 2 of 2 Printed on 2/8/2023
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Agenda Item
City Council
Item #: 3.6. 2/14/2023 File #: 23-0075
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, Interim City Manager

1. SUBJECT
First Amendment to Agreement for Production of Orange International Street Fair with Orange International Street Fair, Inc.

4. FISCAL IMPACT
None.

The proposed First Amendment to Agreement for Production of Orange International Street Fair would extend the term of the existing agreement with OISF for an additional two years, through December 31, 2024. It would also make minor scheduling adjustments by allowing Children’s Street to remain open until 9 p.m. (the original agreement stipulated that it close at 8:30 p.m.), and that the City of Orange Page 1 of 2 Printed on 2/8/2023
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Item #: 3.6. 2/14/2023 File #: 23-0075
traffic closure of the Street Fair footprint occur at 3 a.m. on the Thursday before the event.

Staff recommends approving the First Amendment to Agreement for Production of Orange International Street Fair.

7. ATTACHMENT
· First Amendment to Agreement for Production of Orange International Street Fair City of Orange Page 2 of 2 Printed on 2/8/2023
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FIRST AMENDMENT
TO

AGREEMENT FOR PRODUCTION

OF ORANGE INTERNATIONAL STREET FAIR

THIS FIRST AMENDMENT TO AGREEMENT FOR PRODUCTION OF ORANGE INTERNATIONAL STREET FAIR (the “First Amendment”) is made and entered into as of _______________, 2023, by and between the CITY OF ORANGE, a municipal corporation (“City”), and ORANGE INTERNATIONAL STREET FAIR, INC. a California non-profit public benefit corporation (“OISF”), with reference to the following:

A. City and OISF entered into an Agreement for Production of Orange International Street Fair (Agreement No.1071.J) dated December 18, 2019, which is incorporated herein by this reference (the “Original Agreement”); and
B. City and OISF desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement by extending the term for an additional two (2) years and making minor scheduling modifications.

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 OISF agree that all references in this First Amendment are deemed and construed to refer to the Original Agreement, as implemented by this First Amendment.

Section 3 Revised Term. Pursuant to Section 1.A of the Original Agreement, “Term and Termination of Agreement,” the City hereby exercises its right to extend the term of the Agreement for two (2) additional years, terminating no later than December 31, 2024.

Section 4 Dates and Times. The closing time for Children’s Street in Section 3 of the Original Agreement, “Dates and Times,” is hereby amended to read as follows:
• Children’s Street activities shall close no later than 9:00 p.m. each night.

Section 5. City Obligations. Section 6 of the Original Agreement, “City Obligations,” is hereby amended to add Subsection H to read as follows:

H. City shall commence the traffic closure of the Street Fair footprint at 3 a.m. on the Thursday before the event.”
62 2
Section 6. 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.

IN WITNESS of this First Amendment, the parties enter into this First Amendment on the year and day first above written.
“OISF” “CITY”
ORANGE INTERNATIONAL STREET CITY OF ORANGE, a municipal corporation FAIR, INC., a California non-profit public
benefit corporation
By:
*By: Daniel R. Slater, Mayor
Printed Name:

Title:
*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney
*NOTE: If OISF 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. 63 Agenda Item
City Council
Item #: 3.7. 2/14/2023 File #: 23-0094
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Appropriation of $34,186 in designated grant funding received from the California Department of Resources Recycling and Recovery for the Beverage Container Recycling City Payment Program.

2. SUMMARY
Based on an agreement with the California Department of Resources Recycling and Recovery, the Public Works Department receives an allocation of per-capita grant funds to utilize towards activities related to beverage container recycling.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the California Department of Resources Recycling and Recovery.

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

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

6. DISCUSSION AND BACKGROUND
The City participates in the Beverage Container Recycling Payment Program administered by the California Department of Resources Recycling and Recovery (CalRecycle). The City must submit an application to CalRecycle to secure the grant funding, which provides opportunities for local governments to receive funds for beverage container recycling programs. The focus of the program is to reach and maintain an 80% recycling rate for all California refund value beverage containers City of Orange Page 1 of 2 Printed on 2/8/2023
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Item #: 3.7. 2/14/2023 File #: 23-0094
is to reach and maintain an 80% recycling rate for all California refund value beverage containers made of aluminum, glass, plastic, and metals.

The City has received funding for this program since 1999, utilizing the funds to obtain the services of Orange County Conservation Corps (OCCC), purchasing recycling containers, and reducing the use of bottled water consumption by purchasing and installing hydration stations.

Historically, OCCC has performed maintenance of storm channels through the City. Furthermore, the City uses a portion of the grant to have OCCC provide litter reduction and recycling activities during City events.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 2/8/2023
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Agenda Item
City Council
Item #: 3.7. 2/14/2023 File #: 23-0094
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Appropriation of $34,186 in designated grant funding received from the California Department of Resources Recycling and Recovery for the Beverage Container Recycling City Payment Program.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the California Department of Resources Recycling and Recovery.

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

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

6. DISCUSSION AND BACKGROUND
The City participates in the Beverage Container Recycling Payment Program administered by the California Department of Resources Recycling and Recovery (CalRecycle). The City must submit an application to CalRecycle to secure the grant funding, which provides opportunities for local governments to receive funds for beverage container recycling programs. The focus of the program is to reach and maintain an 80% recycling rate for all California refund value beverage containers City of Orange Page 1 of 2 Printed on 2/8/2023
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Item #: 3.7. 2/14/2023 File #: 23-0094
is to reach and maintain an 80% recycling rate for all California refund value beverage containers made of aluminum, glass, plastic, and metals.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 2/8/2023
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Agenda Item
City Council
Item #: 3.8. 2/14/2023 File #: 23-0066
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 Pavement Maintenance at Various Locations, 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 $4,380,000

3. RECOMMENDED ACTION
Approve the plans and specifications and authorize advertising for Bid No.22-23.27 (SP-4228).

4. FISCAL IMPACT
The total expenditure for this contract is $4,380,000 and will be funded in Pavement Management Program (13120) through:

Road Maintenance Rehabilitation Account (274) $3,280,000 Capital Projects (500) 770,079
Measure M2 (263) 329,921
Total $4,380,000

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 Annual Pavement Maintenance at Various Locations, Fiscal Year 2022-2023 (FY23) is part of our Pavement Management Program FY23 (13120) activities and is designed to prolong the pavement life of City streets. This project will consist of Annual Street Maintenance and SB-1 Street Improvements.

For FY23, the City of Orange is receiving $2,790,000 of Road Maintenance and Rehabilitation Account (RMRA) funding for the rehabilitation of City streets. RMRA Funding Program is part of SB 1 City of Orange Page 1 of 2 Printed on 2/8/2023
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Item #: 3.8. 2/14/2023 File #: 23-0066
Account (RMRA) funding for the rehabilitation of City streets. RMRA Funding Program is part of SB 1 - Road Repair and Accountability Act of 2017. The program addresses road maintenance and rehabilitation needs on local streets and highways. Staff has selected a number of arterial streets such as Hewes Street, Yorba Street, Crawford Canyon Road, Fairhaven Avenue, Orange Olive Road, Via Escola, Metropolitan Drive and The City Drive, and the limits of work are shown on the attached location maps.

The rehabilitation methods vary depending on the sustained damage, but in general, consist of asphalt concrete overlays with localized areas of pavement reconstruction. The rehabilitated pavement will have a longer service life and will provide a safe and smooth ride for the public.

Another part of the Pavement Management Program FY23 is the Slurry Seal at Various Locations Project, which will be bid separately.

This asphalt concrete overlay project will rehabilitate approximately 40 residential streets and 8 arterial streets throughout the City. The streets selected for maintenance are in accordance with our Pavement Management Plan, and generally fall into the “poor to fair” category, requiring work at this time to prevent total pavement failure, saving the costs of complete reconstruction in the future at a much higher cost.

The total cost is estimated at $4,380,000, including a 15% construction engineering and contingency.

Upon receipt of public bids, staff will return to the City Council and recommend any funding adjustments and award of contracts based on the outcome of the public bid. If the unit price for asphalt comes in below the estimate, additional streets may be added for rehabilitation.

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 CEQA Notice of Exemption will be filed with the County Recorder’s Office upon Council’s approval of the plans and specifications.

Construction is scheduled to begin in May 2023 and is expected to be completed by October 2023.

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 2/8/2023
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Agenda Item
City Council
Item #: 3.8. 2/14/2023 File #: 23-0066
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 Pavement Maintenance at Various Locations, Fiscal Year 2022-2023; and authorization to advertise for bids.

3. RECOMMENDED ACTION
Approve the plans and specifications and authorize advertising for Bid No.22-23.27 (SP-4228).

4. FISCAL IMPACT
The total expenditure for this contract is $4,380,000 and will be funded in Pavement Management Program (13120) through:

Road Maintenance Rehabilitation Account (274) $3,280,000 Capital Projects (500) 770,079
Measure M2 (263) 329,921
Total $4,380,000

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.

For FY23, the City of Orange is receiving $2,790,000 of Road Maintenance and Rehabilitation Account (RMRA) funding for the rehabilitation of City streets. RMRA Funding Program is part of SB 1 City of Orange Page 1 of 2 Printed on 2/8/2023
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Item #: 3.8. 2/14/2023 File #: 23-0066
Account (RMRA) funding for the rehabilitation of City streets. RMRA Funding Program is part of SB 1 - Road Repair and Accountability Act of 2017. The program addresses road maintenance and rehabilitation needs on local streets and highways. Staff has selected a number of arterial streets such as Hewes Street, Yorba Street, Crawford Canyon Road, Fairhaven Avenue, Orange Olive Road, Via Escola, Metropolitan Drive and The City Drive, and the limits of work are shown on the attached location maps.

Another part of the Pavement Management Program FY23 is the Slurry Seal at Various Locations Project, which will be bid separately.

The total cost is estimated at $4,380,000, including a 15% construction engineering and contingency.

Construction is scheduled to begin in May 2023 and is expected to be completed by October 2023.

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 2/8/2023
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Location Map 1
1/3/2023, 9:26:32 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 Design72
Location Map 2
1/3/2023, 10:50:48 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
73 Location Map 3
1/3/2023, 11:01:58 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 Design74
Location Map 4
1/3/2023, 11:15:34 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 Design75
Location Map 5
1/3/2023, 11:34:55 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 Design76
Location Map 6
1/3/2023, 4:15:18 PM
0 0.05 0.1 0.2 mi
0 0.075 0.15 0.3 km
1:4,514
County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | µ
City of Orange - Engineering Design77
Location Map 7
1/3/2023, 4:22:08 PM
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 Design78
Location Map 8
1/3/2023, 4:29:00 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 | City of Orange - Engineering Design
µ
79 Location Map 9
1/3/2023, 4:33:23 PM
0 0.05 0.1 0.2 mi
0 0.075 0.15 0.3 km
1:4,514
County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | µ
City of Orange - Engineering Design80
Location Map 10
1/19/2023, 12:19:39 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 | City of Orange - Engineering Design
µ
81 Location Map 11
1/3/2023, 4:42:16 PM
0 0.05 0.1 0.2 mi
0 0.075 0.15 0.3 km
1:4,514
County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | µ
City of Orange - Engineering Design82
Location Map 12
1/3/2023, 4:52:48 PM
0 0.05 0.1 0.2 mi
0 0.075 0.15 0.3 km
1:4,514
County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | µ
City of Orange - Engineering Design83
Location Map 13
1/4/2023, 9:10:40 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 Design84
Location Map 14
1/4/2023, 9:16:13 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 Design85
Location Map 15
1/4/2023, 10:07:48 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 Design86
Location Map 16 Part 1
1/5/2023, 9:02:20 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 Design87
Location Map 16 Part 2
1/5/2023, 9:03:13 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 Design88
Location Map 17
1/19/2023, 12:26:14 PM
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
89 Agenda Item
City Council
Item #: 3.9. 2/14/2023 File #: 23-0083
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 Taft Avenue & Lewis Street Water Quality Storm Drain Improvement Project, and authorization to advertise for bids.

2. SUMMARY
Plans and specifications for the Taft Avenue & Lewis Street Water Quality Storm Drain Improvement Project D-180 have been completed, and the project is ready to be advertised for bids. The total estimated construction cost including 10% contingencies and 5% for construction engineering is $530,000.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for Bid No. 22-23.29.

4. FISCAL IMPACT
The total expenditure for this project is $530,000 and will be funded in “Taft Avenue & Lewis Street Water Quality Storm Drain Improvement Project” (30215) through:

Sewer (220) $130,000
Reimbursable Capital Projects (550) 400,000
Total: $530,000

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 Taft Avenue & Lewis Street Water Quality Storm Drain Improvement Project is part of the Public Works Department’s successful efforts to acquire funding from the Environmental Cleanup Tier 1 Grant Program managed by the Orange County Transit Authority (OCTA). This program makes funds available to soliciting cities to help protect Orange County beaches and waterways from transportation-generated pollution and improve overall water quality.

The project collects drainage from a total of 354 acres composed of commercial, bus stop locations, City of Orange Page 1 of 2 Printed on 2/8/2023
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Item #: 3.9. 2/14/2023 File #: 23-0083
The project collects drainage from a total of 354 acres composed of commercial, bus stop locations, light manufacturing, industrial manufacturing, multi-family homes, and single-family home sections of Orange. These areas combine to generate potentially significant amounts of leaves, trash, and other debris. The City has looked at various options to control trash and debris. Through the Orange Municipal Code, the City can enforce sections related to littering and nuisances and its weekly street sweeping program picks up a large amount of trash and debris; however, anything not collected by the street sweepers has the potential to enter the storm drain system and impact the downstream water bodies. The proposed Debris Separating Baffle Box (DSBB) is a Continuous Deflection Separator (CDS) unit and helps address this deficiency by capturing trash and debris and other gross pollutants via its trash screens, sediment chambers, and the use of an oil skimmer and hydrocarbon boom filters. The DSBB will be placed on Taft Avenue just east of the Taft Avenue/O’Donnell Way intersection. The proposed connector pipe screen (CPS) units also help solve this deficiency by capturing trash and debris and other pollutants within each catch basin. The CPS will be installed in seven (7) catch basins on Taft Avenue, and Lewis Street.

The total project cost is estimated at $530,000, including 5% for construction engineering and 10% for contingency. Upon receipt of public bids, staff will return to the City Council and recommend any funding adjustments and award of contracts.

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

Construction is scheduled to begin in May 2023 and is expected to be completed by October 2023.

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 2/8/2023
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Agenda Item
City Council
Item #: 3.9. 2/14/2023 File #: 23-0083
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 Taft Avenue & Lewis Street Water Quality Storm Drain Improvement Project, and authorization to advertise for bids.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for Bid No. 22-23.29.

4. FISCAL IMPACT
The total expenditure for this project is $530,000 and will be funded in “Taft Avenue & Lewis Street Water Quality Storm Drain Improvement Project” (30215) through:

Sewer (220) $130,000
Reimbursable Capital Projects (550) 400,000
Total: $530,000

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

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

The project collects drainage from a total of 354 acres composed of commercial, bus stop locations, City of Orange Page 1 of 2 Printed on 2/8/2023
powered by Legistar™ 92
Item #: 3.9. 2/14/2023 File #: 23-0083
The project collects drainage from a total of 354 acres composed of commercial, bus stop locations, light manufacturing, industrial manufacturing, multi-family homes, and single-family home sections of Orange. These areas combine to generate potentially significant amounts of leaves, trash, and other debris. The City has looked at various options to control trash and debris. Through the Orange Municipal Code, the City can enforce sections related to littering and nuisances and its weekly street sweeping program picks up a large amount of trash and debris; however, anything not collected by the street sweepers has the potential to enter the storm drain system and impact the downstream water bodies. The proposed Debris Separating Baffle Box (DSBB) is a Continuous Deflection Separator (CDS) unit and helps address this deficiency by capturing trash and debris and other gross pollutants via its trash screens, sediment chambers, and the use of an oil skimmer and hydrocarbon boom filters. The DSBB will be placed on Taft Avenue just east of the Taft Avenue/O’Donnell Way intersection. The proposed connector pipe screen (CPS) units also help solve this deficiency by capturing trash and debris and other pollutants within each catch basin. The CPS will be installed in seven (7) catch basins on Taft Avenue, and Lewis Street.

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

Construction is scheduled to begin in May 2023 and is expected to be completed by October 2023.

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 2/8/2023
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Taft Ave & Lewis St Water Quality SD Improvement - Location Map 1 Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
2/1/2023, 1:48:56 PM
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 94
Taft Ave & Lewis St Water Quality SD Improvement - Location Map 2 Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
2/1/2023, 1:51:15 PM
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 95
Taft Ave & Lewis St Water Quality SD Improvement - Location Map 3 Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
2/1/2023, 1:52:28 PM
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 Design 96
Agenda Item
City Council
Item #: 3.10. 2/14/2023 File #: 23-0098
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 Replacement of Rolling Garage Doors at Various Locations; and authorization to advertise for bids.

2. SUMMARY
Plans and specifications for the Replacement of Rolling Garage Doors at Various Locations have been completed, and the project is ready to be advertised for bids. The total estimated construction cost including 10 % contingencies and 5 % construction engineering is $430,000.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for Bid No. 22-23.32

4. FISCAL IMPACT
The total expenditure for this project is $430,000 and will be funded in “Fire Station Apparatus Bay Door Replacement” (20502) and “City Facility Improvements: (19809) through.

Project 20502, Fund (500): $330,000
Project 19809, Fund (500): 100,000
Total: $430,000

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

6. DISCUSSION AND BACKGROUND
The bay doors at Fire Stations 3, 5, and 6 and the fleet maintenance yard are aging and need to be replaced. In the recent past, the Fire and Public Works Departments have seen an increase in issues with the operation of the doors, raising concern for safety and impacting the day-to-day operations.

Some of the doors have become inoperable. Several companies and staff recommend replacing the doors to maintain the safe operation of the doors and to increase the longevity of the facilities.

The proposed rolling garage doors replacement project is categorically exempt from the California City of Orange Page 1 of 2 Printed on 2/8/2023
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Item #: 3.10. 2/14/2023 File #: 23-0098
The proposed rolling garage doors replacement project is categorically exempt from the California Environmental Quality Act (CEQA) provisions 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 the Council’s approval of the plans and specifications.

7. ATTACHMENTS
· Plans and Specifications and cost estimates are available for review in the Public Works Department.

City of Orange Page 2 of 2 Printed on 2/8/2023
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Agenda Item
City Council
Item #: 3.10. 2/14/2023 File #: 23-0098
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 Replacement of Rolling Garage Doors at Various Locations; and authorization to advertise for bids.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for Bid No. 22-23.32

4. FISCAL IMPACT
The total expenditure for this project is $430,000 and will be funded in “Fire Station Apparatus Bay Door Replacement” (20502) and “City Facility Improvements: (19809) through.

Project 20502, Fund (500): $330,000
Project 19809, Fund (500): 100,000
Total: $430,000

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

Some of the doors have become inoperable. Several companies and staff recommend replacing the doors to maintain the safe operation of the doors and to increase the longevity of the facilities.

The proposed rolling garage doors replacement project is categorically exempt from the California City of Orange Page 1 of 2 Printed on 2/8/2023
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Item #: 3.10. 2/14/2023 File #: 23-0098
The proposed rolling garage doors replacement project is categorically exempt from the California Environmental Quality Act (CEQA) provisions 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 the Council’s approval of the plans and specifications.

7. ATTACHMENTS
· Plans and Specifications and cost estimates are available for review in the Public Works Department.

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Agenda Item
City Council
Item #: 3.11. 2/14/2023 File #: 23-0078
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Mary E. Binning, City Attorney

1. SUBJECT
Claims for Damages.

2. SUMMARY
Six 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. Nora Ochoa

2. D. Christine Collins

3. John Tseheridis

4. Alannah Noel Angel

5. Warren Muir and Terri Glover

6. Vicki Short

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND

1. Claim for damages from Nora Ochoa alleging property damage to vehicle when Claimant drove over a City roadwork sign that was blown over by high winds.

2. Claim for damages from D. Christine Collins alleging personal injury when Claimant tripped and fell on a raised concrete step.

3. Claim for damages from John Tseheridis alleging property damage to vehicle when Claimant drove over exposed water valves.

4. Claim for damages from Alannah Noel Angel alleging personal injury when Claimant attended an event in the unincorporated community of Silverado.

5. Claim for damages from Warren Muir and Terri Glover alleging property damage to residence due to a City sewer line backup.

6. Claim for damages from Vicki Short alleging property damage when a City tree branch fell on City of Orange Page 1 of 2 Printed on 2/8/2023
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Item #: 3.11. 2/14/2023 File #: 23-0078
Claimant’s vehicle.

7. ATTACHMENTS
· None.

City of Orange Page 2 of 2 Printed on 2/8/2023
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Agenda Item
City Council
Item #: 3.11. 2/14/2023 File #: 23-0078
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Mary E. Binning, City Attorney

1. SUBJECT
Claims for Damages.

2. SUMMARY
Six 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. Nora Ochoa

2. D. Christine Collins

3. John Tseheridis

4. Alannah Noel Angel

5. Warren Muir and Terri Glover

6. Vicki Short

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND

1. Claim for damages from Nora Ochoa alleging property damage to vehicle when Claimant drove over a City roadwork sign that was blown over by high winds.

2. Claim for damages from D. Christine Collins alleging personal injury when Claimant tripped and fell on a raised concrete step.

3. Claim for damages from John Tseheridis alleging property damage to vehicle when Claimant drove over exposed water valves.

4. Claim for damages from Alannah Noel Angel alleging personal injury when Claimant attended an event in the unincorporated community of Silverado.

5. Claim for damages from Warren Muir and Terri Glover alleging property damage to residence due to a City sewer line backup.

6. Claim for damages from Vicki Short alleging property damage when a City tree branch fell on City of Orange Page 1 of 2 Printed on 2/8/2023
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Item #: 3.11. 2/14/2023 File #: 23-0078
Claimant’s vehicle.

7. ATTACHMENTS
· None.

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Agenda Item
City Council
Item #: 3.12. 2/14/2023 File #: 22-0696
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Award of Contract to Robertson Industries, Inc. for the rubberized tot lot surface installation at El Modena Park and the replacement of the rubberized tot surface at Serrano Park.

2. SUMMARY
As part of the El Modena Area Renovation Capital Improvement Project (30048), the existing engineered wood fiber surface at the El Modena Park tot lot will be replaced with new rubberized surfacing. In addition, installation of a 1.5-inch retop of the rubberized surface material will be installed at the tot lot at Serrano Park to complete the Rubberized Tot Lot Surface Replacement Capital Improvement Project (20440).

3. RECOMMENDED ACTION

1. Approve contract with Robertson Industries, Inc. in the amount of $190,547.50; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $32,764.50 in unreserved Park Acquisition (Infill) (510) fund balance to expenditure account 510.7021.56020.20440 - CIP Building and Improvements.

4. FISCAL IMPACT
The total expenditure for this contract is $190,547.50 and will be funded through:

Rubberized Tot Lot Replacement (20440) Park Acquisition (Infill) (510) $ 80,514.50 El Modena Area Renovation (30048) El Modena Cell Tower (512) 110,033.00 $190,547.50

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 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
Background and Discussion
City maintained tot lots (playgrounds) at City parks utilize poured-in-place rubberized surface, engineered wood fiber surfaces, or a combination of engineered wood fiber and rubberized surface.

City of Orange Page 1 of 3 Printed on 2/8/2023
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Item #: 3.12. 2/14/2023 File #: 22-0696
engineered wood fiber surfaces, or a combination of engineered wood fiber and rubberized surface.

All City playgrounds have the required safety surface that meets the American Society for Testing and Materials (ASTM F 1292-99) Specification for Impact Attenuation of Surface Systems under and around playground equipment.

Tot lot rubberized surfaces are installed to ensure playground safety, allow for ADA accessibility and are an aesthetic asset to park facilities. These surfaces have a longevity of approximately 10 years with proper maintenance and care. As part of the phased El Modena Park Area Renovation Capital Improvement Project, the existing engineered wood fiber surfacing at the park’s playground will be replaced with a rubberized surface. The scope of work includes the demo and removal of cracked and displaced concrete, removal of existing wood fibers, preparation of sub-grade, raising the existing slide to provide proper clearance at slide exit, installation of new concrete, installation of the rubberized play surface, and filling gaps along the perimeter of the tot lot.

In addition, the rubberized surface at the tot lot at Serrano Park is past its useful life. The top surface is worn, weathered, and is requiring increasingly more work to maintain it as a safe playing surface.

The scope of work includes the installation of a 1.5-inch retop of the rubberized surface material to address the cracks and wide gaps between the play surface and surrounding concrete walkways. A complete renovation of the surface is not necessary as the base and sub-surface still meet City and Industry Safety Standards.

Staff is recommending Council approve a contract with Robertson Industries, Inc. (Robertson), in the amount of $190,547.50, to perform the work on both playgrounds. Robertson, a Playcore Company, is covered under national cooperative contract #R220203 between Playcraft, a Playcore Company, and Region 4 Education Service Center and OMNIA Partners. The pricing structure for all services under this proposed contract will be per the OMNIA awarded rates. As such, competitive bidding for these services has already taken place and the City may utilize this contract for covered services without additional competitive bidding. The City has had a positive experience with Robertson, as they have provided these services in the past.

The cost for new rubberized surfacing at El Modena is $100,030 and the cost of the Serrano Park resurfacing is $73,195. The total expenditure for the work outlined is $173,225. The contract also includes a 10% contingency of $17,322.50 to be divided between the projects. Therefore, the amount of this contract is $190,547.50 and will be funded as follows:

Rubberized Tot Lot Replacement (20440) Park Acquisition (Infill) (510) $ 80,514.50 El Modena Area Renovation (30048) El Modena Cell Tower (512) 110,033.00 $190,547.50
The City Council appropriated $47,750 for the Rubberized Tot Lot Surface Replacement project (20440) as part of the Fiscal Year 2020-2021 budget adoption. Since then, the cost of petroleum products and labor has increased. Additionally, Robertson obtained a new purchasing contract with new rates in early 2022. Therefore, the estimated expense for the project has increased by $32,764.50. Staff is also recommending that the City Council appropriate this balance to the 20440 project expenditure account in order to facilitate the resurfacing.

7. ATTACHMENTS
City of Orange Page 2 of 3 Printed on 2/8/2023
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Item #: 3.12. 2/14/2023 File #: 22-0696
· Attachment 1 - Contract - Robertson Industries
· Attachment 2 - Exhibit A - Scope of Work El Modena and Serrano · Attachment 3 - OMNIA Cooperative Contract
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Agenda Item
City Council
Item #: 3.12. 2/14/2023 File #: 22-0696
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Award of Contract to Robertson Industries, Inc. for the rubberized tot lot surface installation at El Modena Park and the replacement of the rubberized tot surface at Serrano Park.

3. RECOMMENDED ACTION

1. Approve contract with Robertson Industries, Inc. in the amount of $190,547.50; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $32,764.50 in unreserved Park Acquisition (Infill) (510) fund balance to expenditure account 510.7021.56020.20440 - CIP Building and Improvements.

4. FISCAL IMPACT
The total expenditure for this contract is $190,547.50 and will be funded through:

Rubberized Tot Lot Replacement (20440) Park Acquisition (Infill) (510) $ 80,514.50 El Modena Area Renovation (30048) El Modena Cell Tower (512) 110,033.00 $190,547.50

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

City of Orange Page 1 of 3 Printed on 2/8/2023
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Item #: 3.12. 2/14/2023 File #: 22-0696
engineered wood fiber surfaces, or a combination of engineered wood fiber and rubberized surface.

7. ATTACHMENTS
City of Orange Page 2 of 3 Printed on 2/8/2023
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Item #: 3.12. 2/14/2023 File #: 22-0696
· Attachment 1 - Contract - Robertson Industries
· Attachment 2 - Exhibit A - Scope of Work El Modena and Serrano · Attachment 3 - OMNIA Cooperative Contract
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CONTRACT
[El Modena and Serrano Parks Tot Lot Resurfacing]
THIS CONTRACT (the “Contract”) is made and entered into as of ______________, 2023 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and ROBERTSON INDUSTRIES, INC., an Arizona 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) Contractor’s Proposals dated 11/16/22 and 11/08/22, which are attached hereto as Exhibit A, and incorporated herein.
b. 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.
c. The Work shall be performed in conformity with the 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. d. Unless and until otherwise notified in writing by City’s Community Services Director, City’s Senior Landscape Coordinator Nathan Bluhm (“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 Community Services 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 Community Services Director.
e. 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.
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2 ARTICLE 2
Commencement of Work
Contractor shall commence the Work provided for in this Contract within fifteen (15) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within ninety (90) calendar days from such date, unless legal extension is granted in accordance with the terms set forth in the Greenbook. Time is of the essence in this Contract.

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

ARTICLE 3
Compensation
a. Contractor agrees to receive and accept an amount not to exceed ONE HUNDRED SEVENTY-THREE THOUSAND TWO HUNDRED TWENTY-FIVE DOLLARS and 00/100 ($173,225.00) as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.
b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of SEVENTEEN THOUSAND THREE HUNDRED TWENTY-TWO DOLLARS and 50/100 ($17,322.50) has been added to the total compensation of this Contract. The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such Work or services.
c. The total amount of compensation under this Contract, including contingencies, shall not exceed ONE HUNDRED NINETY THOUSAND FIVE HUNDRED FORTY-SEVEN DOLLARS and 50/100 ($190,547.50).
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3 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 Community Services to be necessary due to an immediate detriment to the health, safety, welfare or convenience of the residents of City.

ARTICLE 6
Water Quality
a. The Santa Ana Regional Water Quality Control Board (“RWQCB”) has issued National Pollutant Discharge Elimination System (“NPDES”) Permit No. R8-2009-0030 (the “Permit”), which governs storm water and non-storm water discharges resulting from municipal 113
4 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.

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 114
5 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, 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 115
6 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 of Contractor’s Work under this Contract, including any and all claims under any law pertaining to Contractor’s status as an independent contractor.
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7 ARTICLE 12
Insurance
a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract.
b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.
(1) General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the general aggregate
limit shall be twice the required
occurrence limit.
(2) Automobile Liability $1,000,000 per accident for bodily injury and property damage.
(3) Workers’ Compensation as required by the State of California. (4) Employer’s Liability $1,000,000 per accident for bodily injury or disease. c. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. d. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City, its officers, officials, agents and employees; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. e. Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:
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8 (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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9 ARTICLE 13
Termination
City, acting through its City Manager or designee, reserves the right to terminate this Contract for any reason by giving five (5) days’ written notice of intent to terminate to Contractor.

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

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

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
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10 (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. 120
11 b. Amendments to this Contract must be in writing and signed by both parties. The City Manager is authorized to execute amendments to this Contract up to the amounts specified in Chapter 3.08 of the Orange Municipal Code.

ARTICLE 18
Notice
Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
Robertson Industries, Inc. City of Orange
2414 West 12th Street, Suite 5 300 E. Chapman Avenue
Tempe, Arizona 85281 Orange, CA 92866-1591
Attn: Vince Brantley Attn: Nathan Bluhm
Telephone: 714-904-8219 Telephone: 714-532-6491
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. [Signatures on next page]
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12 “CITY”

CONTRACT, BONDS AND INSURANCE
APPROVED BY:

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

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

Pamela Coleman, City Clerk
“CONTRACTOR”
ROBERTSON INDUSTRIES, INC.,
an Arizona 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:
√
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ATTACHMENT NO. 1

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

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

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

This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 124
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Section 1771.1. Registration as a contractor or subcontractor required prior to bid submission; exceptions; violations; penalties
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) 125
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for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 126
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(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

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

Section 1775. Penalties for violations
(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor 128
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or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. (c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.

Section 1776. Payroll records; retention; inspection; redacted information; agencies entitled to receive nonredacted copies of certified records; noncompliance penalties; rules (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. 129
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(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor.
(c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.

The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. 130
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(2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(j) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.

Section 1777.5. Employment of registered apprentices; wages; standards; number; apprenticeable craft or trade; exemptions; contributions; compliance program (a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 131
Attachment No. 1

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apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. (d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o).
(e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator 132
Attachment No. 1

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of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2)(A) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:
133
Attachment No. 1

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(i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship and preapprenticeship standards and requirements under this code. (B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees, prior to the receipt of any grant funds, to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so that the Department of Industrial Relations is able to verify that grant funds were used solely for training apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this subdivision.
(C) The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant funds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of the apprenticeship program.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.

Section 1813. Forfeiture for violations; contract stipulation; report of violations The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of 134
Attachment No. 1

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the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement.

Section 1815. Overtime
Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
135
Attachment No. 2

Page 1 of 3 ends

ATTACHMENT NO. 2
CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204
Section 9204. Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process (Eff: January 1, 2017) (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 136
Attachment No. 2

Page 2 of 3 ends

(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 137
Attachment No. 2

Page 3 of 3 ends

(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 138
Proposal # 21-33137
Robertson Industries, Inc.
2414 West 12th Street, Suite 5
Tempe, AZ 85281
(800) 858-0519
FAX: (602) 340-0402
www.totturf.com
Date Issued: 11/16/2022
Project Name: El Modena Park - City of Orange
Address:

Contact: Paul Miller
Phone: 714-532-6472
Email: [email protected]
Sales Representative
Name: Vince Brantley
Phone: +17149048219
Email: [email protected]
PRICE EXPIRES: 12/17/2022

PRODUCT NAME DESCRIPTION QTY
UNIT
PRICE
TOTAL
TotTurf Poured in Place Safety Surfacing Per
Below
Install IPEMA Certified Poured in Place Safety
Surfacing
1 $61,330 $61,330.00
Site Prep All Site Prep Per Below 1 $38,700 $38,700.00
Security - Fencing
Add $1,500 for overnight security guard if
required
1 $0 $0.00
Site Prep
Additional R&R of Concrete to be billed at $26 per
SF
1 $0 $0.00
GRAND TOTAL $100,030.00
CONTRACT TYPE: Omnia WAGE TYPE: State Prevailing UNION: No CA GRANT: No DETAILED SCOPE:

WAGE – UNION
CA DIR Registration # 1000002700 Exp 6/30/23 - CA Contractors Lic. #667261 C/61 - D/12 ONMIA Contract # R220203 - April 2022 to April 2025
NOTES:

Proposal based on Prevailing Wages and apprenticeship requirements when applicable.

There are NO Union or Labor Agreements requirements included in our proposal. (add 12% if required) If a Performance or Payment BOND is required to be provided from us for our scope of work, please add 2% to the total quoted price.

SITE PREP:

1. Temp Fencing – 270 LF

2. Remove and dispose of 3450 SF at 6-8” of EWF

3. Furnish, install and compact 9” of sub base

4. 6' Curve Slide - Break out 3 slide footers, raise slide 4" and reinstall

5. Install a drain system to release water on hill side below swing area.

6. Remove and replace concrete sidewalk 3-4 areas totaling 360 SF. - Additional SF to be billed at $26 per SF

7. Clean out and fill in large gaps in the concrete/sidewalk all around the play area = 300 LF PLAYGROUND SURFACING (PIP):

Furnish and install new IPEMA Certified PIP Rubberized Safety Surfacing per ADA, ASTM and IPEMA Standards. 3450 Total Sq Ft (1000 sf = 8' CFH / 1450 sf = 6' CFH / 1000 sf = 4' CFH) Color to be 50% standard epdm (TBD) and 50% black - Aromatic Binder COMMENTS:

PLEASE BE ADVISED: ESCALATOR CLAUSE
Effective March 3, 2022 Aliphatic Binder has increased 50% due to market conditions and is in short supply. All projects will reflect this raw material increase immediately. Aliphatic quotes are good for 30 days, please request updated pricing and inquire on availability prior to order. Expired Proposals will be subject to current market pricing due to the current volatility of surfacing raw materials, shipping and labor
Exhibit A: 1 of 5
555 Hewes Street Orange CA, 92869
139
SIGNATURE: DATE:

Printed Name: Title:

Company Name:

Address:

BILLING Contact Name:

BILLING Email: Phone: Fax:

Issue all POs, Contracts, and payments to ROBERTSON INDUSTRIES, INC.

Send ALL completed forms back to your Sales Representative:

Vince Brantley: [email protected]
CLICK HERE TO PAY WITH A CREDIT CARD: PAY NOW!
Proposal # 21-33137
TERMS & CONDITIONS:

1. Quote is based on the information provided here within and is subject to change based on final installation unless otherwise indicated in writing.

Any changes or additions to this proposal will affect pricing.

2. Changes to the proposed scope not agreed to here within or separately in writing may result in additional charges (change order). Work cannot commence until Change Order(s) are fully executed.

3. ANY additional site work not included here within, including sub base, is the responsibility of the owner.

4. Job site access must be at a maximum of 25' for trucks and mixer, with no stairs. Irrigation, sprinkler, and/or water systems must be shut off 24 hours before install and remain off until 24 hours after the installation has completed.

5. Charges for downtime/stand-by may be assessed in the event that installation is delayed due to the site not being ready as scheduled or if installation is interrupted for reasons other than those related to weather or general public emergencies.

6. Security during install and upon completion is the responsibility of the owner, unless specified otherwise in Project Scope.

7. Excess material at the job site upon completion is property of Robertson Industries, Inc., unless otherwise noted here within.

8. Installations scheduled after 90 days of proposal acceptance may be subject to price adjustments.

9. Scheduling and crew deployment is subject to local weather conditions.

10. Warranty will NOT be issued unless "Completion Sheet" is signed.

11. All projects over $2,500.00 will be issued a preliminary lien.

Force Majeure: No Party to this Agreement shall be responsible for any delays or failure to perform any obligation under this Agreement due to acts of God, outbreaks, epidemic/pandemic or the spreading of disease or contagion strikes or other disturbances, including, without limitation, war, insurrection, embargoes, governmental restrictions, acts of governments or governmental authorities, and any other cause beyond the control of such party. During an event of force majeure, the Parties' duty to perform obligations shall be suspended.

PROPOSAL ACCEPTANCE: I agree to the scope and details as provided for the abovementioned proposal as well as the terms outlined in this agreement. I am duly authorized approve and accept this proposal as stated.

CONTRACT to follow PURCHASE ORDER to follow ACCEPT THIS AS OUR AGREEMENT PAYMENT TERMS:

Payment may be made via Check, Cash, or Credit Card. Customers requesting a line of credit must submit a credit application and/or a 50% deposit. Credit applications can be obtained from your sales representative.

Please attach a copy of your TAX EXEMPT CERTIFICATE if you or your company is claiming tax exemption.

TOTAL PURCHASE AMOUNT: $100,030.00
SECURITY:

No - Customer is responsible for damages
Scheduling/Site Contact: Paul
Phone: 714-532-6472 Email: [email protected]
Estimated Install Date:

Dec

INITIALS
Exhibit A: 2 of 5
140
Robertson Industries, Inc: 2414 West 12th Street, Suite 5, Tempe, AZ 85281 ~ (800) 858-0519, FX: (602) 340-0402 AZ: ROC091920, CLASS L-05 ~ CA: 667261, CLASS C/61 D/12 ~ FL: CGC 038554 ~ NV: 42331, CLASS C25 C40 CALIFORNIA PWC REGISTRATION NUMBER: 1000002700 (DIR#)
The PlayCore Surfacing Division Includes: Robertson Recreational Surfacing (Robertson Industries, Inc.), Sports Surface Specialties, Rubber Designs and American Recycling Center
Exhibit A: 3 of 5
141
Proposal # 22-36126
Robertson Industries, Inc.
2414 West 12th Street, Suite 5
Tempe, AZ 85281
(800) 858-0519
FAX: (602) 340-0402
www.totturf.com
Date Issued: 11/08/2022
Project Name: Serrano Park 1.5" Re-Top - City of Orange Address:

Contact: Paul Miller
Phone: 714-532-6472
Email: [email protected]
Sales Representative
Name: Vince Brantley
Phone: +17149048219
Email: [email protected]
PRICE EXPIRES: 12/08/2022

PRODUCT NAME DESCRIPTION QTY UNIT PRICE TOTAL
TotTurf ReNew Re-Top Install 1.5" ReNew ReTop Surfacing System 1 $71,990 $71,990.00 Security - Fencing Temporary Chain-Link Fencing per below 1 $1,205 $1,205.00 GRAND TOTAL $73,195
CONTRACT TYPE: Omnia WAGE TYPE: State Prevailing UNION: No CA GRANT: No DETAILED SCOPE:

WAGE – UNION
CA DIR Registration # 1000002700 Exp 6/30/23 - CA Contractors Lic. #667261 C/61 - D/12 ONMIA Contract # R220203 - April 2022 to April 2025
NOTES:

Proposal based on Prevailing Wages and apprenticeship requirements when applicable.

Furnish and install a Tot Turf ReNew 1.5" Re-Top Over existing PIP Surfacing of 4600 SF Colors to be 100% Std. EPDM and basic wave pattern design Includes 3-Year Warranty
Includes 310 LF Fencing
COMMENTS:

No - Customer is responsible for damages
Scheduling/Site Contact: Paul
Phone: 714-532-6472 Email: [email protected]
Estimated Install Date:

Nov

INITIALS
Exhibit A: 4 of 5
2349 Apache Park Dr. Orange, CA 92869
142
SIGNATURE: DATE:

Printed Name: Title:

Company Name:

Address:

BILLING Contact Name:

BILLING Email: Phone: Fax:

Issue all POs, Contracts, and payments to ROBERTSON INDUSTRIES, INC.

Send ALL completed forms back to your Sales Representative:

Vince Brantley: [email protected]
CLICK HERE TO PAY WITH A CREDIT CARD: PAY NOW!
Robertson Industries, Inc: 2414 West 12th Street, Suite 5, Tempe, AZ 85281 ~ (800) 858-0519, FX: (602) 340-0402 AZ: ROC091920, CLASS L-05 ~ CA: 667261, CLASS C/61 D/12 ~ FL: CGC 038554 ~ NV: 42331, CLASS C25 C40 CALIFORNIA PWC REGISTRATION NUMBER: 1000002700 (DIR#)
The PlayCore Surfacing Division Includes: Robertson Recreational Surfacing (Robertson Industries, Inc.), Sports Surface Specialties, Rubber Designs and American Recycling Center
Proposal # 22-36126
TERMS & CONDITIONS: