Agenda packet — Orange City Council, April 11, 2023 (part 1 of 14)

Tom Kisela
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
April 11, 2023
4:30 PM Employee Recognition
5:00 PM Closed Session
6:00 PM Regular Session
City Council Chamber
300 E. Chapman Avenue
Orange, CA 92866
The City of Orange City Council welcomes you to this meeting and encourages your participation. Regular City Council meetings are held on the second and fourth Tuesday of each month at 6:00 p.m.

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

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

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

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1 City Council Agenda April 11, 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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4:30 PM EMPLOYEE RECOGNITION

1. WELCOME

2. EMPLOYEE SERVICE AWARDS

3. RECESS
5:00 PM CLOSED SESSION

1. CALL TO ORDER

1.1 ROLL CALL

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

3. RECESS TO CLOSED SESSION
a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property Location: 2829 N. Glassell, APN 360-241-04
Agency Negotiator: Aaron Schulze, Economic Development Manager Negotiating Parties: Discovery LLC, John Doan, Manager
Under Negotiation: Price and terms of payment
Property Location: APN 039-251-008, 039-251-020, 039-251-031, 039-251-010, 039-252-005, 039-252-011, 039-252-010
Agency Negotiator: Aaron Schulze, Economic Development Manager Negotiating Parties: Wells Fargo & Company
Under Negotiation: Price and terms of payment
b. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2). (One potential case)
c. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) Name of case: Mary's Kitchen, et al. v. City of Orange
United States District Court Case No. 8:21-cv-01483-JVS-KES d. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
City Negotiator: Tom Kisela, City Manager
Employee Organizations: Orange City Firefighters, Orange Fire Management Association, City of Orange Police Association, City of Orange Police Management Association

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4. CLOSED SESSION REPORT

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

1. OPENING/CALL TO ORDER

1.1 INVOCATION
Pastor Ric Olsen, City of Orange Fire Chaplain

1.2 PLEDGE OF ALLEGIANCE
Councilmember John Gyllenhammer

1.3 ROLL CALL

1.4 PRESENTATIONS/ANNOUNCEMENTS
OCTA Transportation Services Presentation
City of Hope Orange County Presentation

1.5 REPORT ON CLOSED SESSION ACTIONS

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. Confirmation of warrant registers dated March 2, 10, 16, 24, and 30, 2023.

Approve.

Recommended Action:

Attachments: Staff Report

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3.2. Approval of minutes of the City of Orange City Council Regular Meetings held on March 14, 2023, and March 28, 2023, and Special Meeting held on March 30, 2023.

Approve minutes as presented.

Recommended Action:

Staff Report
March 14, 2023, Regular Meeting minutes
March 28, 2023, Regular Meeting minutes
March 30, 2023, Special Meeting minutes
Attachments:

3.3. Approval of Cooperative Agreement MA-080-23010376 to Fund Total Maximum Daily Load programs and related activities in the Newport Bay Watershed.

Approve five-year Cooperative Agreement MA-080-23010376 with the County of Orange, Orange County Flood Control District, eight watershed cities, the Irvine Company, and Irvine Ranch Water District, in the amount of $75,000 and authorize the Mayor and City Clerk execute on behalf of the City.

Recommended Action:

Staff Report
Agreement MA-080-23010376
Attachments:

3.4. Agreement with Alexander’s Contract Services for meter reading services.

1. Authorize the transfer of $220,000 from account number 600.8041.50002.00000, Regular Salaries to account number 600.8041.51670.00000, Other Professional & Consulting Services.

2. Approve the service agreement with Alexander’s Contract Services in the amount of $220,000 for meter reading services and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Professional Services Agreement with ACS
Attachments:

3.5. First Amendment to agreement with Protel Communications, Inc. DBA ProTelesis for VoIP telephone upgrade.

Approve the first amendment to agreement with Protel Communications, Inc. doing business as ProTelesis in the amount of $72,833.35 for VoIP telephone upgrade; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
First Amendment with Protel Communications, DBA Protelesis Attachments:

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3.6. Cooperative agreement with City of Villa Park for East Cerro Villa Drive Improvement Project.

Approve the cooperative agreement with the City of Villa Park in the amount of $100,000, representing the estimated cost of construction plus contingency, for the East Cerro Villa Drive Improvement Project; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Cooperative Agreement with City of Villa Park
Attachments:

3.7. Second Amendment to Agreement with DMC Document & Microfilm Conversion for scanning of building and planning documents.

1. Authorize the appropriation of $50,000 from the Building Records Management Fee unreserved fund balance to expenditure account 110.6001.51670.00000 - Building Records Management Fee - Other Professional and Consulting Services.

2. Approve the second amendment to agreement with DMC Document & Microfilm Conversion for scanning of building and planning documents; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Second Amendment to Agreement to DMC Document & Microfilm Converstion
Attachments:

3.8. Claims for Damages.

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

1. Mercury Insurance a/s/o Faiza Bounetta
Recommended Action:

Attachments: Staff Report

3.9. Claim for Damages from Laurie Cesena (Continued from March 28, 2023).

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

1. Laurie Cesena
Recommended Action:

Attachments: Staff Report

3.10. Award of Contract to South Coast Industrial Door Inc. for Garage Door Replacement at the Corporation Yard and Fire Stations; Bid No. 22-23.31.

Approve contract with South Coast Industrial Door, Inc. in the total amount of $377,982, representing an original amount of $328,680, plus a 15% contingency of Recommended Action:

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6 City Council Agenda April 11, 2023
$49,302, for Garage Door Replacement at the Corporation Yard and Fire Stations, and authorize the Mayor and City Clerk to execute on behalf of the City.

Staff Report
Bid Abstract
Contract with South Coast Industrial Doors, Inc.

Attachments:

3.11. Award of Contract to R.J. Noble Company for Annual Pavement Maintenance at Various Locations, FY 2022-2023 (Bid No. 22.23.27); and finding of CEQA exemption.

Approve contract with R.J. Noble Company in the total amount of $5,641,615 for Annual Pavement Maintenance at Various Locations, 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 R.J. Noble Company
Location Maps
Attachments:

3.12. Award of Contract to Ramona, Inc. for the Annual Sewer Replacement/Maintenance Fiscal Year 2022-2023 Project, Bid No. 22-23.20; and finding of CEQA exemption.

1. Authorize the transfer of $400,000 from 220.5011.56340.30166 Cambridge St Infrastructure Improvement to expenditure account number 220.5011.56200.15508, Sewer Line Maintenance/Replacement.

2. Award the contract to Ramona, Inc. in the amount of $2,487,250, for Annual Sewer Replacement/Maintenance 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 Agreement
Attachments:

3.13. Second Reading and adoption of an Ordinance of the City Council of the City of Orange repealing Chapter 5.54 of the Orange Municipal Code relating to hawking of goods and adopting new Chapter 5.54 relating to regulation of sidewalk vendors. Ordinance No. 03-23
Adopt Ordinance No. 03-23
Recommended Action:

Staff Report
Ordinance No. 03-23
Attachments:

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3.14. Second Reading and adoption of an Ordinance of the City Council of the City of Orange adding Chapter 1.10 to the Orange Municipal Code relating to administrative citations. Ordinance No. 04-23.

Adopt Ordinance No. 04-23.

Recommended Action:

Staff Report
Ordinance No. 04-23
Attachments:

3.15. Authorize sole source purchase and installation of four Opticom GPS Emergency Vehicle Preemption systems from DDL Traffic, Inc.

Approve the sole source purchase and installation of four Opticom GPS Emergency Vehicle Preemption systems from DDL Traffic, Inc. for an amount not to exceed $44,000.

Recommended Action:

Staff Report
Vicinity Map
DDL Traffic, Inc. Quote
Sole Source Letter from Global Traffic Technologies, LLC Attachments:

3.16. Authorize sole source purchase of four traffic signal controller cabinets from Econolite Control Products, Inc.

Approve the sole source purchase of four traffic signal controller cabinets from Econolite Control Products, Inc. for an amount not to exceed $84,525.

Recommended Action:

Staff Report
Econolite Quote
Sole Source Letter from Econolite
Attachments:

3.17. Authorize the increase of purchase order for rescue ambulance gurney service and repair from Stryker Medical.

Approve the increase of purchase order for rescue ambulance gurney service and repair for $15,000 from Stryker Medical.

Recommended Action:

Attachments: Staff Report

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3.18. Declaring the property located at 692 North Adele Street, former Water Well Site #16, as surplus to the City’s needs, and authorizing the disposal of the property.

Resolution No. 11445.

Adopt Resolution No. 11445. A Resolution of the City Council of the City of Orange finding that certain City-owned real property located at 692 North Adele Street, also known as Water Well Site No. 16, in the City of Orange is surplus to the City’s needs and authorizing the disposal of said property.

Recommended Action:

Staff Report
Resolution No. 11445
Location Map
Assessor's Map
Aerial Photo
Attachments:

3.19. Designation of April 28, 2023, as Arbor Day. Resolution No. 11446.

Adopt Resolution No. 11446. A Resolution of the City Council of the City of Orange designating April 28, 2023, as Arbor Day.

Recommended Action:

Staff Report
Resoluton No. 11446
Attachments:

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

4. REPORTS FROM MAYOR SLATER

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)

6. ADMINISTRATIVE REPORTS

6.1. Old Towne Parking Study Findings and Recommendations.

Receive and file.

Recommended Action:

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Staff Report
Study Area Map
Existing Parking Demand Chart
Staff Report Authorizing Parking Study, August 2021
Old Towne Parking Study
Attachments:

6.2. Parameters for Naming the Pocket Park at Well 28.

Provide direction to staff regarding naming parameters for the future Pocket Park at Well 28.

Recommended Action:

Attachments: Staff Report

6.3. A Resolution delegating authority to the City Manager to make technical changes and other non-substantive edits to the 2021-2029 Housing Element that may result from the California Department of Housing and Community Development review, in a form approved by the City Attorney, for final certification of the Housing Element, without further City Council consideration or re-adoption of the 2021-2029 Housing Element.

Adopt Resolution No. 11448. A Resolution of the City Council of the City of Orange granting the City Manager the authority to make specified changes to the 2021-2029 adopted Housing Element.

Recommended Action:

Staff Report
Resolution No. 11448
Attachments:

7. REPORTS FROM CITY MANAGER

8. LEGAL AFFAIRS

8.1. Introduction and First Reading of Ordinance No. 05-23 authorizing updates to the informal bid limits set forth in the Orange Municipal Code.

Introduce and conduct First Reading of Ordinance No. 05-23. An Ordinance of the City Council of the City of Orange amending Chapter 3.08 of the Orange Municipal Code to update Uniform Public Construction Cost Accounting Act references to conform to current law.

Recommended Action:

Staff Report
Ordinance No. 05-23 - CLEAN
Ordinance No. 05-23 - REDLINED
Attachments:

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9. PUBLIC HEARINGS

9.1. Public Hearing to consider Appeal No. 0562-23, Street Lights Mixed-Use Apartment Development, 840 The City Drive South, including adoption of Mitigated Negative Declaration (MND) No. 1875-21 and associated Mitigation Monitoring and Reporting Program.

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 Application No. 0562-23 from Adam Frankel, Lozeau Drury LLP on behalf of SAFER
Attachment 2 Responses to Appellant's Comments
Attachment 3 Vicinity Map
Attachment 4 December 7, 2022 Design Review Committee Staff Report
Attachment 5 December 7, 2022 Design Review Committee Meeting Minutes
Attachment 6 February 23, 2023 Planning Commission Staff Report Attachment 7 Planning Commission Resolution No. PC 33-22 Attachment 8 February 23, 2023 Planning Commission Meeting Draft Minutes
Attachment 9 MND No. 1875-21, Dated November 14, 2022
Attachment 10 MND No. 1875-21 Appendices
Attachment 11 MND No. 1875-21 Mitigation Monitoring and Reporting Program, Dated January 26, 2023
Attachment 12 Letters Received from Responsible Agencies and Responses to Comments for MND No. 1875-21
Attachment 13 Project Plans, Dated January 27, 2023
Attachments:

10. ADJOURNMENT
The City Council will adjourn to a meeting on Tuesday, April 18, 2023 at 4:30 p.m. in the Council Chamber.

The next Regular City Council meeting will be held on Tuesday, April 25, 2023, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.

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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: April 6, 2023

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12 Agenda Item
City Council
Item #: 3.1. 4/11/2023 File #: 23-0182
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Confirmation of warrant registers dated March 2, 10, 16, 24, and 30, 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 #: 3.1. 4/11/2023 File #: 23-0182
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Confirmation of warrant registers dated March 2, 10, 16, 24, and 30, 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. 4/11/2023 File #: 23-0224
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Approval of minutes of the City of Orange City Council Regular Meetings held on March 14, 2023, and March 28, 2023, and Special Meeting held on March 30, 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
· March 14, 2023, Regular Meeting minutes
· March 28, 2023, Regular Meeting minutes
· March 30, 2023, Special Meeting minutes
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Agenda Item
City Council
Item #: 3.2. 4/11/2023 File #: 23-0224
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Approval of minutes of the City of Orange City Council Regular Meetings held on March 14, 2023, and March 28, 2023, and Special Meeting held on March 30, 2023.

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

3. RECOMMENDED ACTION
Approve minutes as presented.

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Tuesday, March 14, 2023, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
5:00 PM CLOSED SESSION

1. CALL TO ORDER
Mayor Slater called Closed Session to order at 5:00 p.m.

1.1 ROLL CALL
Mayor pro tem Barrios joined Closed Session at 5:05 p.m.

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 5:02 p.m. with all Members, except Mayor pro tem Barrios who joined the meeting at 5:05 p.m., to discuss the following:

Item 3(a) was not discussed.
a. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(b)1.

Title: Finance Director
b. PUBLIC EMPLOYMENT
Pursuant to Government Code Section 54957(b)1.

Title: City Attorney
c. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6.

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

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d. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to and initiation of litigation pursuant to Government Code Section 54956.9(d)(2) & (d)(4): (One potential case)
e. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) Name of Case: Patricia Kuklovsky, et al. v. City of Orange, et al.

Orange County Superior Court Case No. 30-2021-01196985
RECESS TO REGULAR MEETING: At 6:00 p.m., the City Council recessed from Closed Session to a Regular Meeting in the Council Chamber.

The City Council reconvened in Closed Session at 10:10 p.m. with all Members present.

4. CLOSED SESSION REPORT
During Open Session, for Item 3(b), City Attorney Binning reported the City Council voted unanimously to authorize the immediate release of the employment solicitation for City Attorney with a closing date of April 14, 2023.

5. ADJOURNMENT
Closed Session was adjourned at 11:45 p.m.
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:06 p.m.

1.1 INVOCATION
Given by Pastor Danny Kurimay from Bridge Community Church and Orange Police Department Chaplain.

1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Denis Bilodeau.

1.3 ROLL CALL

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

Absent: None

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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, was not able to attend the meeting.

Community Partner Recognition.

Orange County Sustainability Decathlon, Dr. Fred Smoller.

2. PUBLIC COMMENTS
Public Speakers:

Tony Flores, Field Representative for Assemblyman Avelino Valencia, presented Interim City Manager Tom Kisela with a certificate of appreciation.

Michael Schmidt expressed concerns with the lack of City Council support for his Old Towne business.

Sharon Galasso spoke in opposition of a proposed cemetery near Palmyra Avenue.

Jake Comer spoke in support of the OC Sustainability Decathlon and requiring all new developments to be fully electric.

Arnie Kimeldorf spoke in opposition of a proposed cemetery near Palmyra Avenue.

David Hillman opposes the operation at the Chandler pit site.

Jerry Conrey expressed concerns with the water service charge for his residence.

David Nunez expressed concerns with comments made at the last Council meeting regarding zoning and housing issues.

Written Public Comments
Janice Brownfield emailed in support of preserving Santiago Creek.

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.

ACTION: Approved.

3.2. Confirmation of warrant registers dated February 2, 10, 16, and 24, 2023.

ACTION: Approved.

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3.3. Approval of minutes of the City of Orange City Council Special Meetings held on February 10 and February 14, 2023; and the Regular Meeting held on February 14, 2023.

ACTION: Approved minutes as presented.

3.4. Software Agreement with MaintStar, a California Corporation, for the purchase and upgrade of the City’s work asset management system and land management system; and Agreement with LA Consulting for implementation services of work asset management system and land management system.

ACTION: 1) Approved the 5-year Software Agreement with MaintStar in the amount of $1,197,486 which includes the WAMS system amount of $539,112, the LMS system amount of $549,512, and a combined 10% contingency of $108,862, and authorized the Mayor and City Clerk to execute on behalf of the City; 2) Approved the agreement with L.A. Consulting, Inc. for implementation services in the amount of $127,182 and authorized the Mayor and City Clerk to execute on behalf of the City; and 3) Approved the purchase of 60 smart devices in the amount not to exceed $70,000.

3.5. Agreement with Verde Design for architectural and engineering design services for Hart Park Diamond 1 Field Improvements.

Item 3.5 was removed from the Consent Calendar for separate consideration by Councilmember Gutierrez.

In response to Council's questions, staff clarified that during Chapman's and Orange Lutheran High's non-exclusive time, the City has access to the facility.

ACTION: A motion was made by Councilmember Gutierrez, seconded by Councilmember Dumitru, to approve agreement with Verde Design in the amount of $161,763.60 for design of the Hart Park Diamond 1 Field Improvements project (30133); 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

3.6. Agreement with Hinderliter De Llamas & Associates (HdL) for Business License and Tax Services Software as a single source vendor.

ACTION: Approved the three-year agreement with Hinderliter De Llamas & Associates (HdL) in the amount of $143,722 for Business License and Tax Services Software and authorized the Mayor and City Clerk to execute on behalf of the City.

3.7. First Amendment to Agreement with Lance, Soll, & Lunghard, LLP for additional financial reporting services and a one-year term extension.

ACTION: Approved First Amendment to the agreement with Lance, Soll, & Lunghard, LLP to initiate first extension year and the addition of services for the preparation and submission of the Annual Comprehensive Financial Report (ACFR) and the State Controller’s Report and authorized the Mayor and City Clerk to execute on behalf of the City.

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3.8. Amendment to six Affordable Housing Agreements with Orange Housing Development Corporation for 10% loan forgiveness on each loan in exchange for early repayment to the City.

Item 3.8 was removed from the Consent Calendar for separate consideration by Councilmember Dumitru.

Council requested items of substantial cost, such as this one, not be placed on the Consent Calendar in the future.

ACTION: A motion was made by Councilmember Bilodeau, seconded by Councilmember Tavoularis, for the six Affordable Housing Agreements with Orange Housing Development Corporation to include:
a. Adams I: 1837-1841 E. Adams Avenue - Agreement 2951
b. Adams II: 1915, 1917, 1919 E. Adams Avenue - Agreement 3076 c. Adams III: 1741-1745 E. Adams Avenue - Agreement 3195 d. Alice Clark Orange Blossom Apartments: 141 East Walnut Avenue - Agreement 2538
e. Rose Street Apartments: 1743 E. Rose Avenue - Agreement 3121 f. Villa Modena: 4431 E. Marmon Avenue - Agreement 3507 to approve the following:
1) Authorize staff to update amounts in the First Amendment to reflect the most current balances of each loan as of amendment approval date.
2) Approve the amendment to the six Affordable Housing Agreements with Orange Housing Development Corporation and authorize the City Manager to execute final agreement on behalf of the City after final amounts are determined, no later than March 18, 2023, and discount amounts not to exceed $158,000. 3) Accept into the City's revenue budget approximately $1,388,965.91 from Orange Housing Development Corporation into the following revenue account numbers:
a. 921.0000.44100.00000-Principal Repayments $888,099.74 b. 921.0000.44151.00000-Interest - Deferred Loans $411,061.75 c. 317.0000.44100.00000-Principal Repayments $ 89,532.13 d. 317.0000.44151.00000-Interest - Deferred Loans $ 272.30 The motion carried by the following vote:

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

Absent: None

3.9. Grant a utility easement to Southern California Edison on City of Orange property to facilitate the installation of support wire for a replacement electrical pole.

ACTION: Authorized the granting of a utility easement on City property in favor of Southern California Edison and authorized the Mayor to execute the easement deed from the City to Southern California Edison.

3.10. Appropriation of $36,414 in designated grant and disbursement funding received from California State Library and Santiago Library System.

ACTION: 1) Accepted into the City’s revenue budget $36,414 in grant and disbursement funds from California State Library and Santiago Library System into the following revenue account numbers in the General Fund: $30,000 into account number

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100.2001.45290.30223, Palace Implementation Project Grant; and $6,414 into account number 100.2001.48390.19988, Santiago Library System; and 2) Authorized the appropriation of $36,414 in grant and disbursement funds into the following expenditure account numbers in the General Fund: $30,000 into account number 100.3001.53301.30223, Books - Palace Implementation Project Grant; and $6,414 into account number 100.2001.53301.19988, Books - Santiago Library System.

3.11. Appropriation of $443,515.03 in State of California Office of Emergency Services funding received.

ACTION: 1) Accepted into the City’s revenue budget $443,515.03 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES), into the revenue account numbers for Cal-OES reimbursements as follows:

Cal-OES reimbursements (revenue account 100.3024.48212.xxxxx):
$ 914.21 .40303 - Oak Fire
13,398.29 .40311 - 2022 OSC Support
12,762.44 .40312 - Border 32 Fire
20,497.41 .40313 - Mill Fire
180,389.44 .40314 - Mountain Fire
75,193.96 .40315 - Fairview Fire
140,359.28 .40318 - Mosquito Fire
2) Authorized the appropriation of $439,141.18 into the expenditure account numbers for Overtime-Safety as follows:

Overtime-Safety (expenditure account 100.3024.50221.xxxxx):
$ 914.21 .40303 - Oak Fire
13,207.75 .40311 - 2022 OSC Support
12,762.44 .40312 - Border 32 Fire
20,497.41 .40313 - Mill Fire
177,492.55 .40314 - Mountain Fire
74,801.97 .40315 - Fairview Fire
139,464.85 .40318 - Mosquito
3) Authorized the appropriation of $4,373.85 into the expenditure account numbers for Strike Team Expenditures as follows:

Strike Team (expenditure account 100.3024.53860.xxxxx):
$ 190.54 .40311 - 2022 OSC Support
2,896.89 .40314 - Mountain Fire
391.99 .40315 - Fairview Fire
894.43 .40318 - Mosquito Fire

3.12. Appropriation of $102,504.07 in designated grant funding received from the Board of State and Community Corrections (BSCC) for the 2023 Officer Wellness and Mental Health Grant Program.

ACTION: 1) Accepted into the City’s revenue budget $102,504.07 in grant funds from the Board of State and Community Corrections, into revenue account number 100.4011.45290.30224, BSCC Officer Wellness 22-23.
2) Authorized the appropriation of $102,504.07 into the following expenditure accounts:
100.4011.51640.30224 Medical & Psychologic Services BSCC 22-23 $81,504.07 100.4011.51830.30224 Overnight Training BSCC 22-23 11,000.00 100.4011.55131.30224 Equipment BSCC 22-23 10,000.00

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3.13. Appropriation of $47,000 from the General Fund unreserved fund balance to cover the cost of the 2022 General Municipal Election.

ACTION: Authorized the appropriation of $47,000 from the General Fund unreserved balance to expenditure account number 100.0401.52551.00000 - General Fund - Election Expense.

3.14. Approval of plans and specifications for Well 28 Equipping and Public Pocket Park Construction Project (W-698) and authorization to advertise for bids.

A speaker card was submitted for Item 3.14; therefore, the item was removed from the Consent Calendar for separate consideration.

Public Speaker:

James Kushon urged Council to incorporate the Cypress Barrio when naming this park.

During discussion, Council requested staff to return with a report on options for naming the Pocket Park at Well 28.

ACTION: A motion was made by Councilmember Dumitru, seconded by Councilmember Gyllenhammer, to approve the plans and specifications and authorize advertising for Bid No. 22-23.33. The motion carried by the following vote:

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

Absent: None

3.15. Approval of plans and specifications and finding of CEQA exemption for HVAC Replacement at Main Library and authorization to advertise for bids.

ACTION: Approved the plans and specifications and authorized advertising for Bid No.22-23.34 (SP-4049).

3.16. Claims for Damages.

ACTION: Denied the following claim and referred to City Attorney and Claims Adjuster:

1. Mercury Insurance a/s/o Kimberly Krause

3.17. First Amendment to Contract with Towo Enterprise, Inc., for Annual Concrete Replacement at Various Locations, Phase I.

ACTION: Approved the First Amendment to the Contract in the amount of $76,665.00 with Towo Enterprises, Inc. for additional work; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.18. Final Acceptance of Bid No. 21-22.08, Annual Pipeline Renewal Project; and authorization to file Notice of Completion.

ACTION: Accepted the Annual Pipeline Renewal Project as complete, and authorized staff to file Notice of Completion with the County Recorder.

3.19. Authorize increase to blanket purchase order for Winchester Law Enforcement Ammunition from Dooley Enterprises, Inc. as a sole source vendor.

ACTION: 1) Approved the increase to blanket purchase order for ammunition from Dooley’s Enterprise, Inc. in the amount of $55,000 for an overall purchase order total of

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$143,000; and 2) Authorized the appropriation of $55,000 from the General Fund unreserved fund balance to expenditure account number 100.4011.53540.00000, General Fund - Ammunition.

3.20. Authorize continued rental services for a mobile laundry facility with Mobile Concepts, Inc. dba U.S. Mobile Kitchens for the 517 W. Struck Transition Plan.

ACTION: Approved an increase to a blanket purchase order for a total of $107,389 with Mobile Concepts, Inc. dba U.S. Mobile Kitchens for core service facility rentals.

3.21. Resolution No. 11438 denying Appeal No. 0561-22 and upholding Design Review Committee approval of Design Review No. 5077-22; a proposal to construct a new duplex unit at the rear of an existing single-family dwelling on a property zoned Duplex Residential at 529 S. Grand Street and finding of CEQA exemption.

Note: Mayor Slater and Mayor pro tem Barrios recused themselves from this item; and Councilmember Gutierrez registered a no vote.

ACTION: Adopted Resolution No. 11438. A Resolution of the City Council of the City of Orange denying Appeal No. 0561-22 and approving Design Review No. 5077-22 to construct a new duplex unit located at 529 S. Grand Street.

Approval of the Consent Calendar
Items 3.5, 3.8, and 3.14 were removed from the Consent Calendar and heard separately. Mayor Slater and Mayor pro tem Barrios recused themselves from Item

3.21. Councilmember Gutierrez registered a no vote on Item 3.21. All other items were approved as recommended.

A motion was made by Councilmember Bilodeau, 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
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4. REPORTS FROM MAYOR SLATER

4.1. Homeless Outreach City Council Subcommittee update.

Mayor Slater provided an update on the Homeless Outreach City Council subcommittee. Members of the subcommittee discussed: touring shelter facilities located in nearby cities and potential for affordable housing.

5. REPORTS FROM COUNCILMEMBERS

5.1. Highlight Local Business (Gutierrez & Barrios)
Councilmember Gutierrez highlighted the following local business: V. Montoya, Inc.

Nursery. Councilmember Barrios highlighted the following local business: Palm Market.

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5.2. Proposed amendment to Orange Municipal Code Chapter 8.26 “Leaf Blowers” (Gyllenhammer)
Public Speakers:

Jeremy Livemore spoke in support of banning leaf blowers or amending the current ordinance.

Joel Robinson spoke in support of banning leaf blowers or amending the current ordinance.

Written Public Comments
Susan Guilford submitted an eComment in support of reducing the noise from leaf blowers.

Steve Cole emailed in opposition of banning leaf blowers.

Rita Robinson emailed in support of amending the current ordinance.

Kevin Bolland emailed in support of banning leaf blowers or amending the current ordinance.

Bonnie Robinson emailed in support of amending the current ordinance.

Scott Sink emailed in support of banning leaf blowers or amending the current ordinance.

Council discussed the current code adopted in 1993, regulation around time constraints, process involved enforcing the current code, changing allowable noise level to 65 decibels, and building in community outreach and enforceability to any proposed amendments.

A motion was made by Councilmember Gyllenhammer, seconded by Mayor pro tem Barrios, to direct staff to return with options for amending Orange Municipal Code Chapter 8.26. The motion carried by the following vote:

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

Absent: None

6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS

6.1. Appointment(s) to various City Boards, Commissions, and Committees.

A motion was made by Councilmember Dumitru, seconded by Mayor pro tem Barrios, to appoint Chrissy Vaughn and Brendon Moeller to the CDBG Program Committee for two-year terms respectively ending June 30, 2025; Robert Grosse and Greg Ledesma to the Design Review Committee for four-year terms respectively ending June 30, 2027; Chris Horton to the Investment and Audit Committee for a two-year term ending on June 30, 2025; Erika de Vries and James Kushon to the Park Planning and Community Events Commission to fill unexpired terms ending June 30, 2025; Alison Martin to the Planning Commission to fill an unexpired term ending June 30, 2025; Ruby Maldonado and Shannon Tucker to the Planning Commission for four-year terms respectively ending on June 30, 2027; Tim McCormack to the Planning Commission to fill a scheduled vacancy effective July 1, 2023, for a four-year term ending June 30, 2027; Joseph Barbeito, Matt Hamilton, and Derek Tran to the Traffic Commission for four-year terms respectively ending June 30, 2027; and Seimone Jurjis to the Traffic Commission to fill a scheduled vacancy effective July 1, 2023, for a four-year term ending June 30, 2027. The motion carried by the following vote:

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

Absent: None
RECESS: The City Council recessed at 8:06 p.m. and reconvened at 8:31 p.m. with all Members present.

7. ADMINISTRATIVE REPORTS

7.1. Request for permit parking on both sides of Sycamore Avenue between Rancho Santiago Boulevard and Richard Street. Resolution No. 11439.

Public Speakers:

The following spoke in support of approval: Robert Guzman, Chris Chung, Brooke Wilson, Raul Sanchez, Alexa Hurley, and Karla Ramirez.

Digna Faber expressed concerns with the overflow of traffic spilling into her neighborhood as she lives outside of the proposed permit area.

Councilmember Dumitru made a motion to approve permit parking on both sides of Sycamore Avenue between Rancho Santiago Boulevard and Richard Street and to include permit parking on Silverleaf Avenue, Christine Street, Richard Street, and Rancho Santiago Boulevard.

During discussion, Councilmember Dumitru withdrew his motion.

A motion was made by Councilmember Dumitru, seconded by Councilmember Gutierrez to continue Item 7.1 to April 11, 2023, to allow staff time to notify the residents of Silverleaf Avenue, Christine Street, Richard Street, and Rancho Santiago Boulevard and include them in proposed Permit Parking Area Z along with Sycamore Avenue.

During further discussion, Councilmember Bilodeau requested to amend the motion to approve proposed Permit Parking Z as recommended and direct staff to return on April 11, 2023, with the additional streets. Councilmember Dumitru and Councilmember Gutierrez accepted the amendment.

A motion was made by Councilmember Dumitru, seconded by Councilmember Gutierrez, to: 1) Approve permit parking on both sides of Sycamore Avenue between Rancho Santiago Boulevard and Richard Street. 2) Adopt Resolution No. 11439. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11422 and adopting a revised master resolution of permit parking areas within the City of Orange. 3) Direct staff to return with a permit parking area for Silverleaf Avenue, Christine Street, Richard Street, and Rancho Santiago Boulevard at the April 11, 2023, Regular City Council meeting. The motion carried by the following vote:

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

Absent: None

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7.2. Agreement for Employment with City Manager Thomas C. Kisela and adoption of amended citywide pay schedule. Resolution No. 11440.

A motion was made by Councilmember Tavoularis, seconded by Councilmember Gutierrez, to 1) Approve Agreement for Employment with City Manager Thomas C.

Kisela, and authorize the Mayor and City Clerk to execute on behalf of the City; and 2) Adopt Resolution No. 11440. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11435 and amending the citywide pay schedule in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5. The motion carried by the following vote:

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

Absent: None

8. REPORTS FROM CITY MANAGER

8.1. Update on Paseo Study
Interim City Manager Kisela provided Council with an update on the Paseo study and noted the next step would be preparing the Environmental Impact Report (EIR).

During Council discussion, staff was directed to provide Council with a written report on the findings of the study including the cost of preparing an EIR.

9. LEGAL AFFAIRS

9.1. Introduction and First Reading of Ordinance No. 02-23 authorizing City Councilmember health and retirement benefits.

A motion was made by Councilmember Dumitru, seconded by Councilmember Tavoularis, to Introduce and conduct First Reading of Ordinance No. 02-23. An Ordinance of the City Council of the City of Orange amending Title 2 of the Orange Municipal Code by adding Chapter 2.09 relating to City Council health and retirement benefits. The motion carried by the following vote:

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

Absent: None

10. PUBLIC HEARINGS
(Item 10.3 re-ordered to be heard before Item 10.1.)

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

Mayor Slater opened the Public Hearing at 9:10 p.m.; there being no speakers, Mayor Slater closed the Public Hearing at 9:10 p.m.

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

10.1. Public hearing to consider Introduction and First Reading of Ordinance No. 01-23 amending the Orange Municipal Code to update references to membership of committees and commissions and other administrative revisions, and finding of CEQA exemption.

Mayor Slater opened the Public Hearing at 9:11 p.m.; there being no speakers, Mayor Slater closed the Public Hearing at 9:11 p.m.

A motion was made by Councilmember Gutierrez, seconded by Councilmember Dumitru, to Introduce and conduct First Reading of Ordinance No. 01-23. An Ordinance of the City Council of the City of Orange amending various sections of the Orange Municipal Code to update membership references for the Planning Commission, Design Review Committee and Traffic Commission. The motion carried by the following vote:

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

Absent: None

10.2. Public Hearing to consider amending and revising the Master Schedule of Fees and Charges to adopt new Water and Sewer Rates. Resolution Nos. 11436 and 11437.

Public Works Director Chris Cash provided the staff report and answered Council's questions. Council discussed averaging out the rate increases over the next five years instead of raising the rate by 7% the first year and the appropriate amount for reserves.

Mayor Slater opened the Public Hearing at 10:02 p.m.

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Public Speaker:

David Nunez spoke in support of the increase and not underfunding the water/sewer rates.

City Clerk Coleman reported that 13 written protests had been received.

Mayor Slater closed the Public Hearing at 10:06 p.m.

A motion was made by Councilmember Dumitru, seconded by Councilmember Gyllenhammer, to: 1) Adopt Resolution No. 11436. A Resolution of the City Council of the City of Orange amending and revising the Master Schedule of Fees and Charges for sewer rates; 2) Adopt Resolution No. 11437. A Resolution of the City Council of the City of Orange amending and revising the Master Schedule of Fees and Charges for water rates; and 3) Receive and file the Water and Sewer Rate Study conducted by Raftelis Financial Consultants, Inc. The motion carried by the following vote:

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

Absent: None
Council recessed at 10:06 p.m. and reconvened in Closed Session at 10:10 p.m. with all Members present.

Council reconvened in Open Session at 10:45 p.m. with all Members present.

REPORT ON CLOSED SESSION ACTIONS
For Item 3(b), City Attorney Binning reported the City Council voted unanimously to authorize the immediate release of the employment solicitation for City Attorney with a closing date of April 14, 2023.

11. ADJOURNMENT
There being no further business, the meeting was adjourned at 11:47 p.m.

The next Regular City Council meeting will be held on Tuesday, March 28, 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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City Council
March 28, 2023

MINUTES - DRAFT
The City Council of the City of Orange, California convened on March 28, 2023, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California. 5:00 PM CLOSED SESSION

1. CALL TO ORDER
Mayor Slater called Closed Session to order at 5:01 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

ITEM TO BE ADDED TO CLOSED SESSION AGENDA
In accordance with Government Code Section 54954.2(b)(2), City Attorney Binning requested an urgency item be added on the Closed Session agenda as there is a need to take immediate action and the need for action came to the attention of the City subsequent to the agenda being posted.

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2). (One potential case)
A motion was made by Councilmember Gutierrez, seconded by Councilmember Gyllenhammer, to add an urgency item to Closed Session, Conference with Legal Counsel - Anticipated Litigation. The motion carried by the following vote:

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

Absent: 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 including the urgency item added earlier:

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a. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(b)1
Title: Finance Director
b. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) Name of Case: Salvador Miramontes-Robles v. Nykolo Gonzalez, et al.

Orange County Superior Court Case No. 30-2022-01247785
c. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9. (One potential case)
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2). (One potential case)
d. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:

Property Location: 101 E. Chapman Avenue
Agency Negotiator: Aaron Schulze, Economic Development Manager Negotiating Parties: Wells Fargo & Company
Under Negotiation: Price and terms of payment
Property: 2829 N. Glassell, APN 360-241-04
Agency Negotiator: Aaron Schulze, Economic Development Manager Negotiating Parties: Discovery LLC, John Doan, Manager
Under Negotiation: Price and terms of payment
e. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
City Negotiator: Tom Kisela, City Manager
Employee Organizations: Orange City Firefighters, City of Orange Police Association, City of Orange Police Management Association, Orange Fire Management Association RECESS TO REGULAR MEETING: At 6:11 p.m., the City Council recessed from Closed Session to a Regular Meeting in the Council Chamber.

The City Council reconvened in Closed Session at 11:19 p.m. with all Members present.

Councilmember Gutierrez left the meeting at 11:40 p.m.

4. CLOSED SESSION REPORT
None

5. ADJOURNMENT
Closed Session was adjourned at 12:30 a.m.

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6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:15 p.m.

1.1 INVOCATION
Given by Orange Fire Chief Sean deMetropolis.

1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Ana Gutierrez.

1.3 ROLL CALL

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

Absent: None

1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation recognizing the month of March as Women's History Month.

1.5 REPORT ON CLOSED SESSION ACTIONS
None

2. PUBLIC COMMENTS
Written Comments
Janice Brownfield emailed encouraging the City to restrict the use of natural gas.

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

ACTION: Approved.

3.2. Claim for Damages.

Speaker cards were submitted for Item 3.2; therefore, the item was removed from the Consent Calendar for separate consideration.

Public Speakers
The following spoke in opposition of denying the claim: Laurie Cesena and Carey Burnett.

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ACTION: A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez, to continue Item 3.2 to April 11, 2023. The motion carried by the following vote:

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

Absent: None

3.3. First Amendment to Contract with Tess Electric, Inc. for electrical improvements at Wells 23 and 24.

ACTION: Approved the First Amendment to Contract with Tess Electric, Inc. and authorized the Mayor and City Clerk to execute on behalf of the City.

3.4. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending various sections of the Orange Municipal Code to update membership references for the Planning Commission, Design Review Committee, and Traffic Commission. Ordinance No. 01-23
ACTION: Adopted Ordinance No. 01-23.

3.5. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Title 2 of the Orange Municipal Code by adding Chapter 2.09 relating to City Council health and retirement benefits. Ordinance No. 02-23 Note: Mayor pro tem Barrios, Councilmember Gutierrez, and Councilmember Gyllenhammer registered no votes.

ACTION: Adopted Ordinance No. 02-23.

3.6. Authorize purchase of police AR-15 rifles, exterior vest plate carriers, and equipment from ProForce Law Enforcement.

ACTION: 1) Approved the purchase of AR-15 rifles, exterior vest plate carriers, and equipment from ProForce Law Enforcement for a total amount of $213,171; and 2) Authorized the appropriation of $213,171 from Federal Asset Forfeiture unreserved fund balance into expenditure account number 355.4021.55131.00000, Federal Asset Forfeiture - Equipment.

3.7. Authorize the purchase of additional Microsoft enterprise maintenance licenses from Insight Public Sector.

ACTION: Approved the purchase of one hundred additional Microsoft 365 enterprise maintenance licenses for the 3rd year of the Microsoft Enterprise Agreement for $34,044.50 from Insight Public Sector.

3.8. A California Public Employees’ Retirement System (CalPERS) Health Resolution incorporating Non-PERS Elected Officials. Resolution No. 11441.

Note: Mayor pro tem Barrios, Councilmember Gutierrez, and Councilmember Gyllenhammer registered no votes.

ACTION: Adopted Resolution No. 11441. A Resolution of the City Council of the City of Orange electing to be subject to the Public Employees’ Medical and Hospital Care Act at an equal amount for employees and annuitants with respect to a recognized employee organization.

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3.9. A Resolution of the City Council of the City of Orange authorizing the Fire Chief or designee to submit a grant application on behalf of the City of Orange to the Office of Homeland Security for the Fiscal Year 2023/2024 Assistance to Firefighters Grant Program and if awarded, authorizing acceptance. Resolution No. 11442.

ACTION: Adopted Resolution No. 11442. A Resolution of the City Council of the City of Orange authorizing the Fire Chief or designee to submit a grant application on behalf of the City of Orange to the Office of Homeland Security for the Fiscal Year 2023/24 Assistance to Firefighters Grant Program and if awarded, authorizing the acceptance of such grant on behalf of the City.

Approval of the Consent Calendar
Item 3.2 was removed from the Consent Calendar and heard separately. Mayor pro tem Barrios, Councilmember Gutierrez, and Councilmember Gyllenhammer registered no votes on Items 3.5 and 3.8. All other items were approved as recommended.

A motion was made by Councilmember Bilodeau, seconded by Councilmember Gutierrez, to approve the Consent Agenda. 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. Review of Development Standards for Urban Projects Mayor Slater requested that staff return with a report on current development standards and options for revisions to sidewalk width requirements.

A motion was made by Mayor Slater, seconded by Councilmember Gutierrez, to return with a report on current development standards and options for revisions. The motion carried by the following vote:

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

Absent: None

5. REPORTS FROM COUNCILMEMBERS

5.1. Frequency of Park Planning and Community Events Commission Meetings (Tavoularis)
Public Speaker
Eugene Fields spoke in support of increasing the number of Park Planning & Community Events Commission meetings from four to six meetings a year.

Written Comment
Park Planning & Community Events Commissioner Chip Ahlswede emailed in support of increasing the number of meetings.

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Council discussed their support for increasing the meetings to six times a year.

Councilmember Tavoularis made a motion to increase the Park Planning & Community Events Commission meetings from four to six meetings a year. Motion seconded by Councilmember Gyllenhammer.

During discussion, Council requested to amend the motion to include having staff return with recommendations regarding the Commission's duties and responsibilities for Council consideration. Councilmember Tavoularis declined the amendment.

A substitute motion was made by Councilmember Dumitru, seconded by Councilmember Gyllenhammer, to increase the Park Planning & Community Events Commission meetings from four to six meetings a year and direct staff to return with recommendations regarding the Commission's goals, mission, duties, and responsibilities for Council consideration at a future meeting. The motion carried by the following vote:

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

Absent: None

5.2. Other Councilmember Reports
Councilmember Tavoularis reported the Clean Orange subcommittee had their first meeting, and they changed the name of the subcommittee to Sweet Orange. The North Tustin Street Re-Visioning ad hoc committee has concluded its community meetings and will draft a report for the City Council. In the meantime, the ad hoc committee requested a staff report outlining any zoning between Meats and Lincoln that is inconsistent with the General Plan.

Councilmember Gutierrez reported the Santiago Creek subcommittee will have their first meeting on April 18.

Mayor pro tem Barrios announced that the City will be receiving funds from County Board of Supervisor Wagner and Supervisor Sarmiento for the Park Plaza safety improvement project and fountain restoration. There will be a press conference and check presentation on Thursday, March 30.

6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS

6.1. Appointment of Mike Ludin to the Investment and Audit Committee.

A motion was made by Mayor pro tem Barrios, seconded by Councilmember Tavoularis, to appoint Mike Ludin to the Investment and Audit Committee for a two-year term ending on June 30, 2025. The motion carried by the following vote:

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

Absent: None

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7. ADMINISTRATIVE REPORTS

7.1. Orange Police Department 2022 Crime Report/General Overview.

Police Chief Adams presented the 2022 Orange Police Department Annual Report.

Public Speaker
Carole Walters spoke in support of the Police Department and its leadership.

A motion was made by Councilmember Gutierrez, seconded by Councilmember Bilodeau, to receive and file the report. The motion carried by the following vote:

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

Absent: None
RECESS: The City Council recessed at 7:46 p.m. and reconvened at 7:58 p.m. with all Members present.

8. REPORTS FROM CITY MANAGER
None

9. LEGAL AFFAIRS

9.1. Introduction and First Reading of Ordinance No. 03-23, repealing Chapter 5.54 of the Orange Municipal Code related to hawking of goods and adopting new Chapter 5.54 relating to regulation of sidewalk vendors, and adoption of Resolution No. 11443 setting fines and fees.

Code Compliance Supervisor Rafael Perez and Darwin Cheng, Assistant Director of Orange County Health Care Agency's Environmental Health Division, provided the staff report utilizing a PowerPoint presentation. They answered Council's questions regarding various requirements under Senate Bill 972 and current enforcement measures.

Public Speakers
The following spoke in support of approving the proposed ordinance: Robert Boice (representing OTPA) and Brandy Romero.

Douglas Newall expressed concerns with not enough code compliance staff to properly enforce the ordinance.

Written Comment
Regina Mundekis emailed in support of the proposed ordinance.

During further deliberation, Council discussed adding a component to the City's 24/7 app for reporting violations, creating a reserve program for code compliance officers, and revisiting the ordinance in a year.

A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez, to Introduce and conduct First Reading of Ordinance No. 03-23. An Ordinance of the City Council of the City of Orange repealing Chapter 5.54 of the Orange Municipal Code relating to hawking of goods and adopting new Chapter 5.54 relating to regulation of sidewalk vendors. The motion carried by the following vote:

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

Absent: None
A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez, to adopt Resolution No. 11443. A Resolution of the City of Orange setting the amount of fines and fees relating to sidewalk vendors and sidewalk vending permits. The motion carried by the following vote:

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

Absent: None

9.2. Introduction and First Reading of Ordinance No. 04-23 adding new Chapter 1.10 to the Orange Municipal Code relating to administrative citations, and adoption of Resolution No. 11444 setting fines and fees.

Code Compliance Supervisor Perez provided the staff report and answered Council's questions.

Public Speakers
The following spoke in support of approving the ordinance: Tony Trabucco, Sue Vaurs, Vickie Laughlin, Diana Zdenck, and Doug Newall.

During further discussion, Code Compliance Supervisor Perez clarified that fines are determined by California Government Code.

Councilmember Dumitru expressed concerns with the proposed ordinance not designating specific positions authorized to issue citations, and also suggested the position(s) be identified as filers in the City's Conflict of Interest Code.

A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez, to Introduce and conduct First Reading of Ordinance No. 04-23. An Ordinance of the City Council of the City of Orange adding Chapter 1.10 to the Orange Municipal Code relating to administrative citations. The motion carried by the following vote:

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

Absent: None
A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez, to adopt Resolution No. 11444. A Resolution of the City Council of the City of Orange setting the amount of fines and fees for violations of the Orange Municipal Code relating to administrative citations. The motion carried by the following vote:

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

Absent: None

10. PUBLIC HEARINGS

10.1. Continued 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. (Continued from February 14, 2023)

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Mayor Slater opened the Public Hearing at 10:02 p.m.; there being no speakers, Mayor Slater closed the Public Hearing at 10:02 p.m.

A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez, to: 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 to incorporate the HOME-ARP Plan and submit to the Department of Housing and Urban Development (HUD); and 3) Authorize the City Manager or their designee to finalize the draft HOME-ARP Plan and execute documents related to the Second Amendment of the 2021-2022 Annual Action Plan and 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
RECESS: The City Council recessed at 10:04 p.m. and reconvened at 10:16 p.m. with all Members present.

11. STUDY SESSION

11.1. First Study Session for the Proposed Fiscal Year 2023-24 Budget.

Assistant Finance Director Katrin Bandhauer provided an overview of the Capital Improvement Program and highlights for FY 24 utilizing a PowerPoint presentation.

Written Comment
Regina Mundekis emailed in support of the proposed draft CIP budget.

Report was received and filed.

Council recessed at 11:19 p.m. and reconvened in Closed Session at 11:25 p.m. with all Members present. Councilmember Gutierrez left the meeting at 11:40 p.m.

12. ADJOURNMENT
There being no further business, the meeting was adjourned at 12:30 a.m. on March 29, 2023.

The next Regular City Council meeting will be held on Tuesday, April 11, 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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38 City of Orange
City Council
March 30, 2023

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Thursday, March 30, 2023, at 9:00 a.m. in a for a Special Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
9:00 AM CLOSED SESSION

1. OPENING/CALL TO ORDER
Mayor pro tem Barrios called the meeting to order at 9:00 a.m.

1.1 ROLL CALL

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

Absent: Slater
Councilmember Gutierrez joined Closed Session at 9:05 a.m.

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None

3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 9:01 a.m. with all Members present, except Mayor Slater who was absent and Councilmember Gutierrez who joined Closed Session at 9:05 a.m., to discuss the following:
a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property Location: APN 039-251-008, 039-251-020, 039-251-031, 039-251-010, 039-252-005, 039-252-011, 039-252-010
Agency Negotiator: Aaron Schulze, Economic Development Manager Negotiating Parties: Wells Fargo & Company
Under Negotiation: Price and terms of payment
Mayor pro tem Barrios recused herself due to a potential conflict with a nearby property interest and left the meeting at 9:03 a.m.

4. CLOSED SESSION REPORT
None

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5. ADJOURNMENT
There being no further business, the meeting was adjourned at 9:48 a.m.

The next Regular City Council meeting will be held on April 11, 2023, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary. ______________________ _______________________

PAMELA COLEMAN JON DUMITRU

CITY CLERK COUNCILMEMBER

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40 Agenda Item
City Council
Item #: 3.3. 4/11/2023 File #: 23-0171
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of Cooperative Agreement MA-080-23010376 to Fund Total Maximum Daily Load programs and related activities in the Newport Bay Watershed.

2. SUMMARY
Cooperative Agreement MA-080-23010376 provides for continued studies, monitoring, program development/revisions, pilot projects, and long-term maintenance funding to attain Total Maximum Daily Load (TMDL) targets within the Newport Bay watershed. It replaces Agreement MA-080- 18011416, and continues for a five-year term commencing July 1, 2023. Parties to the agreement include the City of Orange, the County of Orange, Orange County Flood Control District, eight watershed cities, the Irvine Company, and Irvine Ranch Water District. The Agreement provides for cost sharing of expenditures within the watershed based on a formula that includes land and population. The City’s share of the budget for Fiscal Year 2023-24 is 1.0 %, or $15,000 per year.

3. RECOMMENDED ACTION
Approve five-year Cooperative Agreement MA-080-23010376 with the County of Orange, Orange County Flood Control District, eight watershed cities, the Irvine Company, and Irvine Ranch Water District, in the amount of $75,000 and authorize the Mayor and City Clerk execute on behalf of the City.

4. FISCAL IMPACT
The annual expenditure for this five-year agreement is $15,000 for an estimated total cost of $75,000 and will be funded through Sewer (220).

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

Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces. c: Support and enhance attractive, diverse living environments.

6. DISCUSSION AND BACKGROUND
Agreement MA-080-23010376 is a cooperative agreement to fund programs, studies, monitoring, and other elements required to implement the fecal coliform, nutrient and toxics Total Maximum Daily City of Orange Page 1 of 2 Printed on 4/5/2023
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Item #: 3.3. 4/11/2023 File #: 23-0171
other elements required to implement the fecal coliform, nutrient and toxics Total Maximum Daily Load (collectively referred to as the Newport Bay TMDLs) requirements within the San Diego Creek and Newport Bay watershed (collectively referred to as the Newport Bay watershed).

This agreement replaces Agreement D-11-066 and subsequent amendments, approved by City Council, that were developed to assist the City of Orange (City) and other Newport Bay watershed cities to comply with the TMDL requirements established for nutrients and fecal coliform in 1998 and 1999 by the Santa Ana Regional Water Quality Control Board and the toxics TMDLs for selenium, DDT, chlordane and other toxic compounds established by the Environmental Protection Agency (EPA) in June 2002. Parties to D-11-066 included the City of Orange, the County of Orange, the Orange County Flood Control District, the Irvine Ranch Water District, the Irvine Company and eight other cities within the Newport Bay watershed. Agreement D-11-066 was amended over the years to add or remove parties and extend the expiration date of the agreement to June 30, 2018.

Due to the upcoming expiration of Agreement MA-080-18011416, Agreement MA-080-23010376 was developed to continue implementation of existing watershed programs and compliance measures to June 30, 2028. In addition, MA-080-23010376 continues the existing cost share formula, allows for additional projects, and includes other minor revisions.

The Agreement includes a formula for determining a party’s share of the watershed costs that is based on population and net land within the watershed, an equal split for some compliance responsibilities, and the minimum share of one percent. For Fiscal Year 2023-24, Orange’s share of the watershed budget remains at the minimum 1.0%, estimated at $15,000 per year. This figure may be revised in future years based on the cost share formula. However, it is not expected to change much. As noted above, the term of the agreement is for 5 years.

8. ATTACHMENTS
· Agreement MA-080-23010376
City of Orange Page 2 of 2 Printed on 4/5/2023
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Agenda Item
City Council
Item #: 3.3. 4/11/2023 File #: 23-0171
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of Cooperative Agreement MA-080-23010376 to Fund Total Maximum Daily Load programs and related activities in the Newport Bay Watershed.

4. FISCAL IMPACT
The annual expenditure for this five-year agreement is $15,000 for an estimated total cost of $75,000 and will be funded through Sewer (220).

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

6. DISCUSSION AND BACKGROUND
Agreement MA-080-23010376 is a cooperative agreement to fund programs, studies, monitoring, and other elements required to implement the fecal coliform, nutrient and toxics Total Maximum Daily City of Orange Page 1 of 2 Printed on 4/5/2023
powered by Legistar™ 43
Item #: 3.3. 4/11/2023 File #: 23-0171
other elements required to implement the fecal coliform, nutrient and toxics Total Maximum Daily Load (collectively referred to as the Newport Bay TMDLs) requirements within the San Diego Creek and Newport Bay watershed (collectively referred to as the Newport Bay watershed).

8. ATTACHMENTS
· Agreement MA-080-23010376
City of Orange Page 2 of 2 Printed on 4/5/2023
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Agreement No. MA-080-23010376

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COOPERATIVE AGREEMENT TO FUND TOTAL MAXIMUM DAILY LOAD PROGRAMS AND

RELATED ACTIVITIES IN THE NEWPORT BAY WATERSHED
THIS AGREEMENT, for purposes of identification numbered MA-080-23010376, referred to hereinafter as “Agreement”, is made and entered into this _____ day of _________, 2023 , by and between the County of Orange (“County”), the Orange County Flood Control District, the City of Costa Mesa, the City of Irvine, the City of Laguna Hills, the City of Laguna Woods, the City of Lake Forest, the City of Newport Beach, the City of Orange, the City of Santa Ana, the City of Tustin, Irvine Ranch Water District, and the Irvine Company. These entities are hereinafter sometimes jointly referred to as “Parties” and individually as “Party.” City entities are hereinafter sometimes jointly referred to as “Cities.” The Cities, County, and the Orange County Flood Control District are hereinafter sometimes jointly referred to as the “Municipal Parties.”

RECITALS
WHEREAS, the California Regional Water Quality Control Board, Santa Ana Region (“Regional Board”) adopted Resolution No. 98-9, as amended by Resolution No. 98-100, amending the Water Quality Control Plan for the Santa Ana River Basin (“Basin Plan”) to incorporate a Nutrient Total Maximum Daily Load (“TMDL”) for the Newport Bay/San Diego Creek Watershed on April 17, 1998, and Resolution 99-10 amending the Basin Plan to incorporate a TMDL for Fecal Coliform in Newport Bay on April 9, 1999, pursuant to the provisions of Section 303(d) of the Clean Water Act, and Resolution 2018- 0041 amending the Basin Plan to incorporate a TMDL for Selenium in freshwater in Newport Bay Watershed on September 20, 2018; and,
WHEREAS, the United States Environmental Protection Agency established technical TMDLs for toxic pollutants (“Toxics TMDLs”) for San Diego Creek and Newport Bay, California, on June 14, 2002, and the Regional Board has been in the process of developing implementation plans or updating these Toxics TMDLs through separate Basin Plan processes, and Basin Plan amendments for Diazinon and Chlorpyrifos TMDLs, the Organochlorines TMDLs, and the Selenium TMDL have been adopted, and Basin Plan amendments for metals are in development; and, 45 Agreement No. MA-080-23010376

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WHEREAS, the Newport Bay Nutrient, Fecal Coliform, and Toxics TMDLs (collectively referred to as “Newport Bay TMDLs”) contain requirements for studies, monitoring, and the development of programs to attain TMDL targets over a multi-year period; and, WHEREAS, the Newport Bay TMDLs are included in the National Pollutant Discharge Elimination System Municipal Stormwater Permit (“NPDES Permit”), Order No. R8-2009-0030, issued to the Municipal Parties by the Regional Board, which encourages a cooperative watershed program approach, and, as of the end of 2022, NPDES Permit, Order No. R8-2022-0008 is in development; and, WHEREAS, the Parties entered into Agreement No. D99-128 on September 18, 2003 and subsequent amendments on July 5, 2006, March 29, 2008, and July 8, 2010, to provide funding for the studies and implementation activities related to the Newport Bay TMDLs; and, WHEREAS, the Parties subsequently entered into Agreement No. D11-066 on June 26, 2012 as a successor to Agreement No. D99-128, with a further amendment on October 20, 2015; and, WHEREAS, the Parties subsequently entered into Agreement No. MA-080-18011416 on August 14, 2018 as a successor to Agreement No. D11-066; and,
WHEREAS, the Parties intend this Agreement as a successor to Agreement MA-080-18011416, to provide for the performance of: additional studies, research, monitoring, reporting, development and/or revision of programs related to the Newport Bay TMDLs; assessment and development of programs related to current and future Clean Water Act §303(d) listings and/or NPDES Permit requirements for watershed management plans; actions in response to threats of administrative enforcement and citizen suits; and planning, permitting, design, construction, and maintenance of TMDL pilot projects; and, WHEREAS, the Parties have reached agreement on funding shares which are shown in Exhibit A; and,
WHEREAS, the Parties share a common interest in the regulatory compliance gained through the activities to be funded and performed pursuant to this Agreement, and the Parties further acknowledge that: each Party is entering into this Agreement for such purpose; there are common issues/questions of 46 Agreement No. MA-080-23010376

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law and fact among the Parties; it is the understanding of each Party that, in the performance of this Agreement, as with preceding agreements to which this Agreement is successor, confidential communications protected by the attorney-client privilege and attorney work product doctrine may be disclosed among the Parties through their counsel. Based on the foregoing, the Parties now wish to enter into a common interest agreement to memorialize their mutual understanding that confidential communications are to be kept confidential and protected from disclosure to the fullest extent allowed by law; and
WHEREAS, it is recognized that additional compliance efforts may be necessary and the Parties may choose to fund projects under separate agreements.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, the Parties agree as follows:

Section 1. PURPOSE. This Agreement is entered into for the purpose of funding and performing program activities related to the Newport Bay TMDLs, NPDES Permit requirements specific to the Newport Bay watershed, current and future Clean Water Act §303(d) listings in the Newport Bay watershed, and other related matters which may affect NPDES Permit compliance and/or enforcement within the Newport Bay watershed.

Section 2. TERM. The term of this Agreement shall commence upon approval and execution of this Agreement by all Parties, or on July 1, 2023, whichever is later, and shall continue until June 30, 2028.

Section 3. PROGRAM WORK PLAN. The County shall work in concert with all Parties to develop a work plan for the following fiscal year and will provide longer term financial forecasts. The work plan for the upcoming fiscal years shall be submitted to each of the Parties by February 15 of each year. The work plan may designate a Party as a lead other than the County for a work plan task(s), provided that the County obtains the prior written consent of such other Party.

Section 4. BUDGET AND COSTS. The budget for the 2023–24 fiscal year, subject to appropriations, is $1,308,854 and is shown in Exhibit A. The County shall work in concert with all the Parties to develop a budget for the following fiscal years. Budgeted amounts for pilot project(s) shall not 47 Agreement No. MA-080-23010376

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exceed $200,000 for all pilot projects in any one fiscal year. For the following fiscal year and thereafter, a budget shall be submitted to each of the Parties by February 15 of each year. The budget shall contain an explanation of any recommended program changes, an estimate of all planned expenditures and an estimate of the payment required from each Party for the following fiscal year.

The County shall be entitled to charge to the program all costs for direct labor, materials, equipment, and outside contract services for costs associated with carrying out the approved scope of work. Recoverable costs will also include an overhead charge.

Section 5. WORK PLAN TASK LEAD REIMBURSEMENT. With a Party’s prior written consent, the County may designate a Party as a task lead with respect to specific tasks on the operative work plan.

If a Party is designated as a task lead, upon prior written authorization from County, the Party shall invoice the County for authorized expenses up to the approved budget amount for the work plan task.

Section 6. APPROVALS AND ADJUSTMENTS. The Parties shall be permitted to review and approve the budget and program work plan for the forthcoming year, review work products, and provide direction for performance of the work plan. The Parties shall be notified of the intent to issue contracts to perform the program work plan, shall be permitted to participate in the preparation and review of the scope of work for such contracts, and to serve on the committee evaluating consultant qualifications/proposals subject to the requirements of the County of Orange Contract Policy Manual.

Criteria for approval of the work plan and budget shall be affirmative responses from Parties representing ninety percent (90%) of the funding shares in Exhibit A and 12 of the 13 Parties. The County and Orange County Flood Control District will constitute one approving Party. Any Party not providing a response by July 15 of each year shall be considered as rendering an affirmative response.

Criteria for approval of adjustments to scopes of work shall be the same as for the approval of the work plan and budget.

Section 7. FUNDING SHARE PERCENTAGES. Exhibit A, which is attached to this Agreement and by this reference is made a part hereof, presents the funding share percentages for the Parties for the term of the Agreement and the costs for the Parties for fiscal year 2023–24. 48 Agreement No. MA-080-23010376

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Section 8. PAYMENTS. For the initial year of the Agreement, the County shall invoice each Party for its deposit either at the beginning of the fiscal year or thirty (30) days after approval of the Agreement, whichever is later. In following years, the County shall invoice each Party for its annual deposit at the beginning of each fiscal year. Each Party shall pay the deposit within 45 calendar days of the date of the invoice. Each Party’s deposit shall be based on its prorated share of the approved annual budget, reduced by the sum of (a) its prorated share of any surplus identified in the prior fiscal year end accounting, and (b) its prorated share of any funding provided for programs in the approved budget from entities not party to this Agreement.

Interest earned on the Parties’ deposits will not be paid to the Parties, but will be credited against the Parties’ share of the program costs.

The County shall notify each of the Parties if it appears that costs may exceed the budget approved by the Parties in any fiscal year. The County shall prepare a fiscal year end accounting within 60 calendar days of the end of the fiscal year. If the fiscal year end accounting results in costs (net of interest earnings) exceeding the sum of the deposits, and the County has notified and obtained approval from the Parties of potential cost overruns, the County shall seek approval of the excess cost from the Parties in the form of a revised budget and, upon approval, shall invoice each Party for its prorated share of the excess cost up to the amount of the revised approved budget. Each Party shall pay the billing within 45 calendar days of the date of the invoice. If the fiscal year end accounting results in the sum of the deposits exceeding costs (net of interest earnings), the excess deposits will carry forward to reduce the billings for the following year. The fiscal year end accounting results and associated invoices for each Party will take into consideration any outside funding provided for programs in the approved budget from entities not party to this Agreement.

Upon termination of the program, a final accounting shall be performed by the County. If costs from approved budgets remaining after the deduction of interest costs exceed the sum of the deposits, the County shall invoice each Party for its prorated share of the deficit. Each Party shall pay the invoice within 45 calendar days of the date of the invoice. If the sum of the deposits, including interest, exceeds 49 Agreement No. MA-080-23010376

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the costs from approved budgets, the County shall reimburse to each Party its prorated share of the excess, within 45 calendar days of the final accounting.

Section 9: CONFIDENTIAL COMMUNICATIONS
a. The term "Confidential Communications" shall mean all communications, regardless of form, including documents and oral or written communications, whether prepared by the Parties or by consultants or experts retained by any Party, exchanged by or among the Parties, their non-employee consultants or experts, and/or their counsel, that are: (i) related to the purpose and/or performance of this Agreement; and (ii) privileged or protected from disclosure to adverse or other persons by reason of the attorney-client privilege, the attorney work product doctrine, or the common interest and/or joint defense privilege. The term Confidential Communications does not include any publicly available information.
b. The Parties agree that the disclosure of Confidential Communications between or among the Parties or their counsel will not diminish the confidentiality of such materials or constitute waiver of any applicable privilege or protection from disclosure. The Parties intend that all Confidential Communications shall be protected from disclosure and discovery, to the fullest extent allowed by law, including under the common interest and/or joint defense privileges. Inadvertent disclosure of Confidential Communications to third parties shall not constitute waiver of any applicable privilege, and shall be entitled to the fullest protection under the law, including the triggering of ethical obligations for the recipient(s) to return such inadvertently disclosed Confidential Communications. c. The Party providing or disclosing any Confidential Communications to another party to this Agreement, pursuant to this Agreement, shall mark it as: “PRIVILEGED AND CONFIDENTIAL PURSUANT TO AGREEMENT NO. MA-080-23010376.” Confidential Communications must be exchanged between the Parties' counsel, although non-attorney staff may be copied on the transmittal.

Communications marked in this or substantially similar manner and transmitted in this manner shall be Confidential Communications. The failure to so mark such communications, however, will not diminish 50 Agreement No. MA-080-23010376

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the confidentiality of such communications or constitute waiver of any applicable privilege or protection from disclosure.
d. Confidential Communications shall be held in confidence by the Parties, unless disclosure is required by law or court order. Each Party shall take reasonable and appropriate measures to prevent inadvertent disclosures of Confidential Communications to third parties. In the event any Party receives a third-party request or demand for Confidential Communications marked “PRIVILEGED AND CONFIDENTIAL PURSUANT TO AGREEMENT NO. MA-080-23010376,” per section 9.c., or bearing the name of one or more attorneys for any Party, prior to the release of any such Confidential Communications, the receiving Party shall notify all other Parties that such a request or demand has been received, so that the other Parties have the opportunity to seek a protective order or other relief. In the event any Party receives a third-party request or demand for Confidential Communications that are not marked per section 9.c. and do not bear the name of any attorney for any Party, prior to the release of such Confidential Communications, the receiving Party shall endeavor to notify all other Parties, so that the other Parties have the opportunity to seek a protective order or other relief. e. To the extent allowed by law, the obligations of the Parties under this Section 9 shall survive the termination of this Agreement and shall remain in full force and effect. f. Neither this Agreement nor the actions of any Party or counsel to a Party shall create any attorney-client relationship between any counsel and any Party that have not otherwise entered into an attorney-client relationship.

Section 10. ADDITIONAL PARTIES. It is recognized that there may be other parties who wish to participate in and provide funding for the activities described in this Agreement. Nothing in this Agreement is intended to preclude additional participants being added by written amendment as parties to this Agreement pursuant to Section 11. Exhibit A will be revised to add funding share percentage(s) for the additional party(ies) and proportionately reduced percentage shares for the Parties.

Section 11. AMENDMENT. This Agreement may be amended in writing only with the unanimous written approval of the Parties.
51 Agreement No. MA-080-23010376

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Section 12. LIABILITY. It is mutually understood and agreed that, merely by the virtue of entering into this Agreement, each Party neither relinquishes any rights nor assumes any liabilities for its own actions or the actions of other Parties. It is the intent of the Parties that the rights and liabilities of each Party shall remain the same, while this Agreement is in force, as it was before this Agreement was made, except as otherwise specifically provided in this Agreement.

Section 13. TERMINATION. Any Party wishing to terminate its participation in this Agreement shall so notify all other Parties in writing by March 1 of any year. Such termination shall be effective the following June 30. The terminating Party shall be responsible for financial obligations hereunder to the extent incurred in accordance with this Agreement by the Party prior to the effective date of termination.

The balance of the Parties may continue in the performance of the terms and conditions of this Agreement with a proportionate reallocation of the terminating Party’s cost share in Exhibit A among the remaining Parties.

Section 14. AVAILABILITY OF FUNDS. The obligation of each Party is subject to the availability of funds appropriated for this purpose, and nothing herein shall be construed as obligating the Parties to expend or as involving the Parties in any contract or other obligation for the future payment of money in excess of appropriations authorized by law.

Section 15. NO THIRD-PARTY BENEFICIARIES. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person (except the Parties hereto and any entity in which a Party has a legal interest (such as, but not limited to, a limited liability membership interest or a partnership interest), and any permitted successors or assigns of a Party) any legal or equitable right, remedy or claim under or in respect of this Agreement or any provisions herein contained. This Agreement and any conditions and provisions hereof is intended to be and is for the sole and exclusive benefit of the Parties and the entities in which they have a legal interest and their successors or assigns and for the benefit of no other person, agency or entity.

Section 16. REFERENCE TO CALENDAR DAYS. Any reference to the word “day” or “days” herein shall mean calendar day or calendar days, respectively, unless otherwise expressly provided. 52 Agreement No. MA-080-23010376

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Section 17. ATTORNEY’S FEES. In any action or proceeding brought to enforce or interpret any provision of this Agreement, or where any provision hereof is asserted as a defense, each Party shall bear its own attorney’s fees and costs.

Section 18. ENTIRE AGREEMENT. This Agreement is intended by the Parties as a final expression of their agreement and intended to be a complete and exclusive statement of the agreement and understanding of the Parties in respect of the subject matter contained herein. There are no restrictions, promises, warranties or undertakings, other than those set forth or referred to herein. This Agreement supersedes all prior agreements and understandings between the Parties with respect to such matter.

Section 19. SEVERABILITY. If any part of this Agreement is held, determined or adjudicated to be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.

Section 20. SUCCESSORS AND ASSIGNS. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their successors and assigns.

Section 21. NOTICES. All notices required or desired to be given under this Agreement shall be in writing and (a) delivered personally, or (b) sent by certified mail, return receipt requested or (c) sent by electronic mail followed by a mailed copy as required, to the addresses specified below, provided each Party may change the address for notices by giving the other Parties at least ten (10) days written notice of the new address. Notices shall be deemed received when actually received in the office of the addressee or when delivery is refused, as shown on the receipt of the U.S. Postal service, or other person making the delivery, except that notices sent by electronic mail shall be deemed received on the first business day following transmission.
53 Agreement No. MA-080-23010376

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Final for Approval
Director of Public Services
City of Costa Mesa
77 Fair Drive, P.O. Box 1200
Costa Mesa, CA 92626-1200
Director of Community Development
City of Irvine
1 Civic Center Plaza, P.O. Box 19578
Irvine, CA 92623-9578
Director of Public Services
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
City Manager
City of Laguna Woods
24264 El Toro Road
Laguna Woods CA 92637
Environmental Manager and Director of Public Works
City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
Director of Public Works
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Director of Public Works
City of Orange
300 E. Chapman Ave
Orange, CA 92866
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M21)
Santa Ana, CA 92702
Director of Public Works
City of Tustin
300 Centennial Way
Tustin, CA 92780
Director, OC Public Works
County of Orange
601 N. Ross Street
Santa Ana, CA 92701
54 Agreement No. MA-080-23010376

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Final for Approval
Director of Water Quality & Regulatory Compliance
Irvine Ranch Water District
15600 Sand Canyon Avenue
Irvine, CA 92618
Vice President of Environmental Affairs
The Irvine Company
550 Newport Center
Newport Beach, CA 92658-8904
Section 23. EXECUTION OF AGREEMENT. This Agreement may be executed in counterparts and the signed counterparts shall constitute a single instrument.

Section 24. GOVERNING LAW AND VENUE. This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure section 394. Furthermore, the Parties have specifically agreed, as part of the consideration given and received for entering into this Agreement, to waive any and all rights to request that an action be transferred for trial to another county under Code of Civil Procedure Section 394 or any other provision of law.
55 Agreement No. MA-080-23010376

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written:

COUNTY OF ORANGE,
a political subdivision of the State of California
Date: By:

Chairman of the Board of Supervisors

ORANGE COUNTY FLOOD CONTROL DISTRICT
a body corporate and politic
By:

Chairman of the Board of Supervisors

SIGNED AND CERTIFIED THAT A COPY OF THIS

AGREEMENT HAS BEEN DELIVERED TO THE
CHAIR OF THE BOARD.

Date: ________________________________ By_________________________________ Robin Stieler
Clerk of the Board of Supervisors of
Orange County, California

APPROVED AS TO FORM

COUNTY COUNSEL
By____________________________
Deputy
Date: ___________
56 Agreement No. MA-080-23010376

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CITY OF COSTA MESA
Date: By:

Mayor
APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Costa Mesa
57 Agreement No. MA-080-23010376

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CITY OF IRVINE
Date: By:

Mayor
APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Irvine
58 Agreement No. MA-080-23010376

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CITY OF LAGUNA HILLS
Date: By:

Mayor
APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Laguna Hills
59 Agreement No. MA-080-23010376

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CITY OF LAGUNA WOODS
Date: By:

Mayor
APPROVED AS TO FORM:

ATTEST:

Yolie Trippy, City Clerk Alisha Patterson, City Attorney of Laguna Woods 60 Agreement No. MA-080-23010376

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CITY OF LAKE FOREST
Date: By:

Mayor
APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Lake Forest
61 Agreement No. MA-080-23010376

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CITY OF NEWPORT BEACH
Date: By:

Mayor
APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Newport Beach
62 Agreement No. MA-080-23010376

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CITY OF ORANGE
Date: By:

Daniel R. Slater, Mayor
APPROVED AS TO FORM:

ATTEST:

City Clerk Mary E. Binning, City Attorney of Orange
63 Agreement No. MA-080-23010376

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ATTEST: CITY OF SANTA ANA
_________________________________________ _________________________________________ City Clerk City Manager
APPROVED AS TO FORM:

City Attorney
By:______________________________________
Assistant City Attorney
64 Agreement No. MA-080-23010376

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CITY OF TUSTIN
Date: By:

Mayor
APPROVED AS TO FORM:

ATTEST:

City Clerk City Attorney of Tustin
65 Agreement No. MA-080-23010376

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THE IRVINE RANCH WATER DISTRICT
Date: By:

Paul Cook, General Manager
Approved as to Form
Date: By:

Claire H. Collins, General Counsel
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THE IRVINE COMPANY
Date: By:

Name:

Title:

Date: By:

Name:

Title:
67 Agreement No. MA-080-23010376
Page A-1
EXHIBIT A - FUNDING SHARES*

PARTIES FUNDING SHARE

PERCENTAGES
FISCAL YEAR 2023-24
BUDGET
Costa Mesa 4.317 $56,503
County of Orange 9.296 $121,671
Irvine 31.177 $408,061
Laguna Hills 1.000 $13,089
Laguna Woods 1.000 $13,089
Lake Forest 6.402 $83,793
Newport Beach 9.452 $123,713
Orange 1.000 $13,089
Santa Ana 9.898 $129,550
Tustin 6.458 $84,526
Orange County Flood
Control District 10.000 $130,885
Irvine Ranch Water District 5.000 $65,443
Irvine Company 5.000 $65,443
Total 100 $1,308,855
*Funding shares are based on a consideration of land area and population, an equal split for some compliance responsibilities, and a minimum share of one percent.
68 Agenda Item
City Council
Item #: 3.4. 4/11/2023 File #: 23-0211
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with Alexander’s Contract Services for meter reading services.

2. SUMMARY
There are approximately 36,000 meters in the water distribution system. These meters are read on a bi-monthly basis for billing purposes. Because of the current vacancies, the Public Works Water Division needs temporary staff augmentation services to maintain continuity of meter reading activities. Alexander’s Contract Services (ACS) is providing meter reading service to Irvine Ranch Water District (IRWD) at the cost of $1.03 per meter. ACS agrees to provide the same terms and service to the City of Orange. The estimated cost for a one-year service agreement is $220,000.

3. RECOMMENDED ACTION

1. Authorize the transfer of $220,000 from account number 600.8041.50002.00000, Regular Salaries to account number 600.8041.51670.00000, Other Professional & Consulting Services.

2. Approve the service agreement with Alexander’s Contract Services in the amount of $220,000 for meter reading services and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this contract is $220,000.00 and will be funded through the Water Fund (600).

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

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

6. DISCUSSION AND BACKGROUND
There are approximately 36,000 meters in the water distribution system. These meters are read bimonthly for billing purposes. The customer service crew at the Public Works Department Water Division is responsible for reading these meters along with inspecting, repairing leaks, replacing meters, and resolving billing related issues. Aside from the core duties, the customer service crew City of Orange Page 1 of 2 Printed on 4/5/2023
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Item #: 3.4. 4/11/2023 File #: 23-0211
plays an important role in water conservation outreach with their frequent interaction with the public.

Recently, the customer service crew lost two out of its five-member staff, or 40 percent of its workforce, to retirements and staff departures for other opportunities. The recruitment process for the vacant positions has started; however, there is not enough manpower to handle the normal workload in the short term. Staff proposes a solution through securing temporary staff augmentations services for some of our meter reading services until the vacant positions are filled.

This temporary staffing solution will enable the City to continue with uninterrupted billing services and allow the remaining City staff to work on the maintenance, repair, and installation of smart meters.

Currently, IRWD, a neighboring agency, is using ACS for their meter reading service at the cost of $1.03 per meter. ACS agrees to provide the same terms and service to the City of Orange. The proximity of IRWD and Orange’s service area makes it possible and cost effective for ACS to add Orange to their work schedule. The estimated cost for a one-year service agreement is $220,000.

The City can terminate the contract at any time by giving the contractor a five- day written notice. To cover the cost of the proposed meter reading service, staff proposes using salary savings from vacant positions in the Water division.

For comparison purposes, the cost to perform the meter reading service in-house is about $1.60 per meter not including fuel, transportation, and equipment. However, City staff provide more value in terms of customer service, meter reading data analysis, and billing related issues. The service agreement with ACS provides a much-needed stopgap during the recruitment process for the vacancies on the customer service crew. Therefore, staff recommends that ACS be awarded the contract in the amount of $220,000 for meter reading services.

7. ATTACHMENTS
· Professional Services Agreement with ACS
City of Orange Page 2 of 2 Printed on 4/5/2023
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Agenda Item
City Council
Item #: 3.4. 4/11/2023 File #: 23-0211
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with Alexander’s Contract Services for meter reading services.

3. RECOMMENDED ACTION

1. Authorize the transfer of $220,000 from account number 600.8041.50002.00000, Regular Salaries to account number 600.8041.51670.00000, Other Professional & Consulting Services.

2. Approve the service agreement with Alexander’s Contract Services in the amount of $220,000 for meter reading services and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this contract is $220,000.00 and will be funded through the Water Fund (600).

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

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

6. DISCUSSION AND BACKGROUND
There are approximately 36,000 meters in the water distribution system. These meters are read bimonthly for billing purposes. The customer service crew at the Public Works Department Water Division is responsible for reading these meters along with inspecting, repairing leaks, replacing meters, and resolving billing related issues. Aside from the core duties, the customer service crew City of Orange Page 1 of 2 Printed on 4/5/2023
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Item #: 3.4. 4/11/2023 File #: 23-0211
plays an important role in water conservation outreach with their frequent interaction with the public.

7. ATTACHMENTS
· Professional Services Agreement with ACS
City of Orange Page 2 of 2 Printed on 4/5/2023
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PROFESSIONAL SERVICES AGREEMENT
[Meter Reading Services]
THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of ______________, 2023 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and ALEXANDER’S CONTRACT SERVICES LLC., a California limited liability company (“Contractor”), who agree as follows:

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

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

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

2. Compensation and Fees.
a. Contractor's total compensation for all services performed under this Agreement, shall not exceed TWO HUNDRED TWENTY THOUSAND DOLLARS and 00/100 ($220,000.00) without the prior written authorization of City. b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.

3. Payment.
a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
73 2
b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. c. City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice.
d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

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

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

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

Contractor acknowledges that it and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

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

8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement. 74 3
It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.

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

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

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

12. Reserved.

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

14. Products of Contractor. The documents, studies, evaluations, assessments, reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products produced or provided by Contractor for this Agreement shall become the property of City upon receipt. Contractor shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilize such products without restriction.

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

Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in 75 4
conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

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

Contractor further agrees that it shall not be eligible to work as the design/build firm for the project that is the subject of this Agreement.

17. Indemnity.
a. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:
(1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and
(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph. 76 5
b. To the fullest extent permitted by law, and as limited by California Civil Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property to the extent caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.
c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement. d. The indemnities set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.

18. Insurance.
a. Contractor shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any workers’ compensation benefits under any City program.
b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ($1,000,000) per occurrence; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis. c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis. d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement. e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability 77 6
insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.
f. Reserved.
g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.

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

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

Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.
l. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.

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

Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily 78 7
provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

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

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

21. Compliance with all Laws/Immigration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement. b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
c. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and
(2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and
(3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and
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(4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.
d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c. e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.
f. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.e.
g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City. h. Contractor agrees to indemnify and hold City, its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.

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

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

24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally, by e-mail, or by first class U.S. mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of 80 9
same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by email shall be deemed received on the date of the e-mail transmission. “CONTRACTOR” “CITY”
Alexander’s Contract Services LLC City of Orange
8655 Morro Road, Suite C 300 E. Chapman Avenue
Atascadero, CA 93422 Orange, CA 92866-1591
Attn.: Bill Van Wagoner Attn.: Jose M. Diaz
Telephone: (805) 461-3458 Telephone: (714) 288-2475
E-Mail: [email protected] E-Mail: [email protected]

25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.
[Remainder of page intentionally left blank; signatures on next page] 81 10
IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.
“CONTRACTOR” “CITY”
ALEXANDER’S CONTRACT SERVICES LLC CITY OF ORANGE, a municipal corporation a California limited liability company
*By: By:

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

Printed Name:

Title:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

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

SCOPE OF SERVICES
[Beneath this sheet.]
83 Agenda Item
City Council
Item #: 3.5. 4/11/2023 File #: 23-0186
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
First Amendment to agreement with Protel Communications, Inc. DBA ProTelesis for VoIP telephone upgrade.

2. SUMMARY
This First Amendment to a VoIP telephone service support agreement with ProTelesis authorizing the purchase and installation of a VoIP telephone system upgrade.

3. RECOMMENDED ACTION
Approve the first amendment to agreement with Protel Communications, Inc. doing business as ProTelesis in the amount of $72,833.35 for VoIP telephone upgrade; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this amendment is $72,833.35, for a total agreement cost of $226,408.35, and will be funded in Phone System Refresh (20509) through Computer Replacement (790).

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
Through a competitive RFP process, on December 9, 2014, the City Council approved the purchase and installation of a City-wide Shoretel Voice over IP (VoIP) telecommunication system for $531,142.27 which, in addition to the purchase of a new phone system, also included support services for five years through a Shoretel reseller -Packet Fusion. Through a competitive RFP process, on February 11, 2020, the City Council awarded the next five-year support contract with Protelesis. At the time of the award with Protelesis, it was known that Mitel acquired Shoretel in 2017. One of the key expectations with Protelesis was to assist the City in any affected areas due to the Mitel acquisition.

For the last few years it has been known that select key Shoretel equipment in operation at the City will reach “end of life” on June 30, 2023, meaning the manufacturer will only provide best effort technical support for catastrophic failures and critical issues. As a remedy to this risk, Protelesis has negotiated an agreement with Mitel to furnish Mitel equipment and software at a reduced cost. The City of Orange Page 1 of 2 Printed on 4/5/2023
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Item #: 3.5. 4/11/2023 File #: 23-0186
negotiated an agreement with Mitel to furnish Mitel equipment and software at a reduced cost. The Shortel licensing will transition to become Mitel licensing as a result of the upgrade per the negotiated agreement. Mitel is motivated to transition their Shoretel customers to their more current Mitel platform. Mitel has provided an upgrade pathway to replace the “end of life” Shortel equipment through our VoIP support partner Protelesis totaling $62,833.35. The current reduced cost approach with Mitel is available now as an incentive to transition. All indications are this opportunity exists now but will likely be unavailable at a later date.

The project approach for the transition from Shoretel to Mitel will involve a hybrid phased phone system setup. Effectively, both phone systems will co-exist in the environment but will be seamless to both the outbound and inbound caller’s experience. Due to the complexity of the project undertaking, staff recommends including a $10,000 contingency for any additional needs that may be identified during the project and authorized by the City’s IT Project Manager, making the total first amendment increase to $72,833.35 and overall amended contract total cost to $226,408.35.

Staff recommend approval of the first amendment with the VoIP phone system support provider Protelesis to upgrade the phone system to Mitel and transition off Shoretel.

7. ATTACHMENTS
· First Amendment with Protel Communications, DBA Protelesis City of Orange Page 2 of 2 Printed on 4/5/2023
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Agenda Item
City Council
Item #: 3.5. 4/11/2023 File #: 23-0186
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
First Amendment to agreement with Protel Communications, Inc. DBA ProTelesis for VoIP telephone upgrade.

2. SUMMARY
This First Amendment to a VoIP telephone service support agreement with ProTelesis authorizing the purchase and installation of a VoIP telephone system upgrade.

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

For the last few years it has been known that select key Shoretel equipment in operation at the City will reach “end of life” on June 30, 2023, meaning the manufacturer will only provide best effort technical support for catastrophic failures and critical issues. As a remedy to this risk, Protelesis has negotiated an agreement with Mitel to furnish Mitel equipment and software at a reduced cost. The City of Orange Page 1 of 2 Printed on 4/5/2023
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Item #: 3.5. 4/11/2023 File #: 23-0186
negotiated an agreement with Mitel to furnish Mitel equipment and software at a reduced cost. The Shortel licensing will transition to become Mitel licensing as a result of the upgrade per the negotiated agreement. Mitel is motivated to transition their Shoretel customers to their more current Mitel platform. Mitel has provided an upgrade pathway to replace the “end of life” Shortel equipment through our VoIP support partner Protelesis totaling $62,833.35. The current reduced cost approach with Mitel is available now as an incentive to transition. All indications are this opportunity exists now but will likely be unavailable at a later date.

Staff recommend approval of the first amendment with the VoIP phone system support provider Protelesis to upgrade the phone system to Mitel and transition off Shoretel.

7. ATTACHMENTS
· First Amendment with Protel Communications, DBA Protelesis City of Orange Page 2 of 2 Printed on 4/5/2023
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FIRST AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT
[VoIP Telephone Service Support]
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 PROTEL COMMUNICATIONS INC., a California corporation (“Contractor”), with reference to the following:

A. City and Contractor entered into a Professional Services Agreement (Agreement No. 6948) dated February 3, 2020, 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 revising the Scope of Services, adding a contingency amount and increasing the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original 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 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 SEVENTY-TWO THOUSAND EIGHT HUNDRED THIRTY-THREE DOLLARS and 35/100 ($72,833.35) and Section 2.a is hereby amended in its entirety to read as follows:
“Contractor's total compensation for all services performed under this Agreement, shall not exceed TWO HUNDRED TWENTY-SIX THOUSAND FOUR
HUNDRED EIGHT DOLLARS and 35/100 ($226,408.35) without the prior written authorization of City. The total not to exceed amount is inclusive of a $10,000.00 contingency for any additional unforeseen work or equipment that may be required and authorized by the City.”
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Section 5. Integration. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.

IN WITNESS of this First Amendment, the parties enter into this First Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
PROTEL COMMUNICATIONS INC., CITY OF ORANGE, a municipal corporation a California corporation
*By: By:

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

Printed Name:

Title:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

Mary E. Binning, 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. √
89 EXHIBIT “A”

SUPPLEMENTAL SCOPE OF SERVICES
[Behind this page.]
90 91
92 Agenda Item
City Council
Item #: 3.6. 4/11/2023 File #: 23-0222
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Cooperative agreement with City of Villa Park for East Cerro Villa Drive Improvement Project.

2. SUMMARY
The City of Villa Park and City of Orange have prepared a cooperative agreement that details each city’s responsibility for the East Cerro Villa Drive Improvement project. The City of Villa Park has approved the cooperative agreement.

3. RECOMMENDED ACTION
Approve the cooperative agreement with the City of Villa Park in the amount of $100,000, representing the estimated cost of construction plus contingency, for the East Cerro Villa Drive Improvement Project; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this cooperative agreement including contingency is $100,000 and will be funded in Pavement Management Program through Measure M (263).

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

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

6. DISCUSSION AND BACKGROUND
The City of Villa Park and City of Orange have prepared a cooperative agreement that details each city’s responsibility for the East Cerro Villa Drive Improvement project. The City of Villa Park will cover approximately 84% of the project cost, with the remaining 16% to be paid by the City of Orange. The total cost is estimated at $100,000, representing the estimated cost of construction plus contingency.

Upon receipt of public bid results from City of Villa Park, staff will return to the City Council and recommend any funding adjustments.

The East Cerro Villa Drive Improvement Project is designed to upgrade the pavement on East Cerro Villa Drive from Valley Drive to Rama Street. East Cerro Villa Drive is an existing two-lane principal major collector street located on the border of the City of Orange and City of Villa Park, laying partially in Orange and partially in Villa Park. Project improvements includes grinding the existing City of Orange Page 1 of 2 Printed on 4/5/2023
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Item #: 3.6. 4/11/2023 File #: 23-0222
partially in Orange and partially in Villa Park. Project improvements includes grinding the existing asphalt concrete pavement and repaving the street with rubberized asphalt, adjusting surface utility covers, traffic striping, curb and gutter, and ADA ramps.

The project design has been completed by the City of Villa Park and reviewed by Public Works staff and will soon be advertised for construction.

7. ATTACHMENTS
· Cooperative Agreement with City of Villa Park
City of Orange Page 2 of 2 Printed on 4/5/2023
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Agenda Item
City Council
Item #: 3.6. 4/11/2023 File #: 23-0222
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Cooperative agreement with City of Villa Park for East Cerro Villa Drive Improvement Project.

4. FISCAL IMPACT
The total expenditure for this cooperative agreement including contingency is $100,000 and will be funded in Pavement Management Program through Measure M (263).

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

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

Upon receipt of public bid results from City of Villa Park, staff will return to the City Council and recommend any funding adjustments.

The East Cerro Villa Drive Improvement Project is designed to upgrade the pavement on East Cerro Villa Drive from Valley Drive to Rama Street. East Cerro Villa Drive is an existing two-lane principal major collector street located on the border of the City of Orange and City of Villa Park, laying partially in Orange and partially in Villa Park. Project improvements includes grinding the existing City of Orange Page 1 of 2 Printed on 4/5/2023
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Item #: 3.6. 4/11/2023 File #: 23-0222
partially in Orange and partially in Villa Park. Project improvements includes grinding the existing asphalt concrete pavement and repaving the street with rubberized asphalt, adjusting surface utility covers, traffic striping, curb and gutter, and ADA ramps.

The project design has been completed by the City of Villa Park and reviewed by Public Works staff and will soon be advertised for construction.

7. ATTACHMENTS
· Cooperative Agreement with City of Villa Park
City of Orange Page 2 of 2 Printed on 4/5/2023
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108
Agenda Item
City Council
Item #: 3.7. 4/11/2023 File #: 23-0214
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Second Amendment to Agreement with DMC Document & Microfilm Conversion for scanning of building and planning documents.

2. SUMMARY
Second Amendment to Agreement with DMC Document & Microfilm Conversion to increase compensation by $80,000 for scanning of building and planning document through June 30, 2024.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The total expenditure for this agreement is $110,000.00 and will be funded through Building Records Management Fee (110).

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

6. DISCUSSION AND BACKGROUND
Since April 5, 2022, DMC Document & Microfilm Conversion (DMC) has been providing scanning services for the Building and Planning Divisions. As part of the service, DMC converts planning and building documents, including large scale maps and pictures, into high quality digital images and indexes the records into the City’s Laserfiche system, reducing the time for record retrieval and increasing accessibility.

Background
City Departments have routinely stored hard copies of both active and historical records, at times precluding digital retrieval of the records. To improve document accessibility, building documents stored on-site, including permits and plans, are sent to DMC for scanning and indexing into the City’s City of Orange Page 1 of 2 Printed on 4/6/2023
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Item #: 3.7. 4/11/2023 File #: 23-0214
stored on-site, including permits and plans, are sent to DMC for scanning and indexing into the City’s records management system, Laserfiche. After digitization, DMC returns the physical files to provide staff an opportunity to review the quality of the scanned records. The City will then store physical records until a trusted system is in place and we can transition to paperless records.

Planning records not currently in Laserfiche are also sent to DMC for digitization to increase efficiency in retrieving project files. Staff time required for research is drastically reduced by the digitization of records, as accessibility is improved. The physical retrieval of files at various storage locations at City Hall is time consuming and onerous. As most Planning records must be kept permanently, DMC returns the physical files to the City to allow staff to review the quality of the digitized record and then log and place files in a permanent storage location.

Staff recommends approving the Amendment to the Agreement with DMC to increase compensation by $80,000, for a total not to exceed amount of $110,000. The agreement provides scanning services for the building and planning divisions through June 30, 2024 and is paid by technology fees included in the Building Records Management Fee (Fund 110).

7. ATTACHMENTS
· Second Amendment to Agreement with DMC Document & Microfilm Conversion City of Orange Page 2 of 2 Printed on 4/6/2023
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Agenda Item
City Council
Item #: 3.7. 4/11/2023 File #: 23-0214
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Second Amendment to Agreement with DMC Document & Microfilm Conversion for scanning of building and planning documents.

2. SUMMARY
Second Amendment to Agreement with DMC Document & Microfilm Conversion to increase compensation by $80,000 for scanning of building and planning document through June 30, 2024.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The total expenditure for this agreement is $110,000.00 and will be funded through Building Records Management Fee (110).

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

Background
City Departments have routinely stored hard copies of both active and historical records, at times precluding digital retrieval of the records. To improve document accessibility, building documents stored on-site, including permits and plans, are sent to DMC for scanning and indexing into the City’s City of Orange Page 1 of 2 Printed on 4/6/2023
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Item #: 3.7. 4/11/2023 File #: 23-0214
stored on-site, including permits and plans, are sent to DMC for scanning and indexing into the City’s records management system, Laserfiche. After digitization, DMC returns the physical files to provide staff an opportunity to review the quality of the scanned records. The City will then store physical records until a trusted system is in place and we can transition to paperless records.

7. ATTACHMENTS
· Second Amendment to Agreement with DMC Document & Microfilm Conversion City of Orange Page 2 of 2 Printed on 4/6/2023
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SECOND AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT
[Document Solutions Services]
THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the “Second Amendment”) is made and entered into as of ________________, 2023, by and between the CITY OF ORANGE, a municipal corporation (“City”), and DMC DOCUMENT & MICROFILM CONVERSION, an S Corporation (“Contractor”), with reference to the following:

A. City and Contractor entered into a Professional Services Agreement (Agreement No. 7354) dated April 5, 2022, which is incorporated herein by this reference (the “Original Agreement”); and
B. City and Contractor amended the Original Agreement to increase the compensation by a First Amendment to Professional Services Agreement (Agreement No. 7354.1) dated December 20, 2022, which is incorporated herein by this reference (the “First Amendment”); and C. City and Contractor desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement to increase the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

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

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

Section 3 Compensation. The total not-to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by EIGHTY THOUSAND DOLLARS and 00/100 ($80,000.00) 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 ONE HUNDRED TEN THOUSAND DOLLARS and 00/100 ($110,000.00) without the prior written authorization of City.”
Section 4. Integration. This Second 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 Second Amendment and the terms and provisions of the Original Agreement, the 113
2 terms and provisions of this Second Amendment shall control and govern the rights and obligations of the parties.

IN WITNESS of this Second Amendment, the parties enter into this Second Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
DMC DOCUMENT & MICROFILM CITY OF ORANGE, a municipal corporation CONVERSION, an S Corporation
*By: By:

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

Printed Name: Debi McCluskey
Title: Chief Operating Officer
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. √
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Agenda Item
City Council
Item #: 3.8. 4/11/2023 File #: 23-0232
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mary E. Binning, City Attorney

1. SUBJECT
Claims for Damages.

2. SUMMARY
One claim has 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 claim and refer to City Attorney and Claims Adjuster:

1. Mercury Insurance a/s/o Faiza Bounetta

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 Mercury Insurance a/s/o Faiza Bounetta alleging property damage to insured’s vehicle due to a fallen tree branch in Irvine.

7. ATTACHMENTS
· None.

City of Orange Page 1 of 1 Printed on 4/5/2023
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Agenda Item
City Council
Item #: 3.8. 4/11/2023 File #: 23-0232
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mary E. Binning, City Attorney

1. SUBJECT
Claims for Damages.

2. SUMMARY
One claim has 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 claim and refer to City Attorney and Claims Adjuster:

1. Mercury Insurance a/s/o Faiza Bounetta

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 Mercury Insurance a/s/o Faiza Bounetta alleging property damage to insured’s vehicle due to a fallen tree branch in Irvine.

7. ATTACHMENTS
· None.

City of Orange Page 1 of 1 Printed on 4/5/2023
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Agenda Item
City Council
Item #: 3.9. 4/11/2023 File #: 23-0237
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mary E. Binning, City Attorney

1. SUBJECT
Claim for Damages from Laurie Cesena (Continued from March 28, 2023).

2. SUMMARY
A claim has been received and investigated by the City Attorney’s Office with the involved departments.

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

1. Laurie Cesena

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 Laurie Cesena alleging devaluation of property.

7. ATTACHMENTS
· None
City of Orange Page 1 of 1 Printed on 4/5/2023
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Agenda Item
City Council
Item #: 3.9. 4/11/2023 File #: 23-0237
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mary E. Binning, City Attorney

1. SUBJECT
Claim for Damages from Laurie Cesena (Continued from March 28, 2023).

2. SUMMARY
A claim has been received and investigated by the City Attorney’s Office with the involved departments.

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

1. Laurie Cesena

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 Laurie Cesena alleging devaluation of property.

7. ATTACHMENTS
· None
City of Orange Page 1 of 1 Printed on 4/5/2023
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Agenda Item
City Council
Item #: 3.10. 4/11/2023 File #: 23-0203
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to South Coast Industrial Door Inc. for Garage Door Replacement at the Corporation Yard and Fire Stations; Bid No. 22-23.31.

2. SUMMARY
Bids for the Garage Door Replacement at the Corporation Yard and Fire Stations (SP-4249) were received and opened on March 9, 2023. Two bidders responded to the notice inviting bids. The apparent low bidder is South Coast Industrial Door, Inc. of Corona, California, in the amount of $328,680.

3. RECOMMENDED ACTION
Approve contract with South Coast Industrial Door, Inc. in the total amount of $377,982, representing an original amount of $328,680, plus a 15% contingency of $49,302, for Garage Door Replacement at the Corporation Yard and Fire Stations, and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this contract is $377,982 and will be funded through Capital Projects Fund (500) as follows:

City Facility Improvements (19809) $ 94,496
Fire Station Apparatus Bay Door Replacement (20502) 283,486 $ 377,982

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

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

6. DISCUSSION AND BACKGROUND
The City Council previously approved advertisement for bids on February 14, 2023. The project was publicly advertised for two weeks. The bids were opened on March 9, 2023. Two bidders responded City of Orange Page 1 of 2 Printed on 4/5/2023
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Item #: 3.10. 4/11/2023 File #: 23-0203
publicly advertised for two weeks. The bids were opened on March 9, 2023. Two bidders responded as follows:

1. South Coast Industrial Doors, Inc. $328,680

2. National Garage Door $360,800
The proposed vendor, South Coast Industrial Doors, Inc. has an excellent reputation in the industry and has provided a competitive bid to replace the existing doors. Their bid is about 23% lower than the Engineer’s Estimate of $430,000. Staff checked the references and qualifications and found them acceptable, with adequate years of experience in completing contracts of similar nature to this project. Therefore, staff recommends awarding the contract for $377,982 which includes a 15% contingency to South Coast Industrial Doors, Inc.

This project will replace two garage bay doors at the Corporation Yard Fleet Building and six at Fire Stations 3, 5, and 6.

The rolling garage doors listed above have been used for over a decade and, in the past five years, have seen an increase in service and repairs and have even become inoperable. As a result, it is difficult for city personnel to operate them. The doors are essential for safely storing city vehicles and equipment and must function properly.

Construction is scheduled to begin in June 2023 and is expected to be completed by July 2023.

7. ATTACHMENTS
· Bid Abstract
· Contract with South Coast Industrial Doors, Inc.

City of Orange Page 2 of 2 Printed on 4/5/2023
powered by Legistar™120
Agenda Item
City Council
Item #: 3.10. 4/11/2023 File #: 23-0203
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to South Coast Industrial Door Inc. for Garage Door Replacement at the Corporation Yard and Fire Stations; Bid No. 22-23.31.

4. FISCAL IMPACT
The total expenditure for this contract is $377,982 and will be funded through Capital Projects Fund (500) as follows:

City Facility Improvements (19809) $ 94,496
Fire Station Apparatus Bay Door Replacement (20502) 283,486 $ 377,982

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

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

6. DISCUSSION AND BACKGROUND
The City Council previously approved advertisement for bids on February 14, 2023. The project was publicly advertised for two weeks. The bids were opened on March 9, 2023. Two bidders responded City of Orange Page 1 of 2 Printed on 4/5/2023
powered by Legistar™121
Item #: 3.10. 4/11/2023 File #: 23-0203
publicly advertised for two weeks. The bids were opened on March 9, 2023. Two bidders responded as follows:

1. South Coast Industrial Doors, Inc. $328,680

This project will replace two garage bay doors at the Corporation Yard Fleet Building and six at Fire Stations 3, 5, and 6.

Construction is scheduled to begin in June 2023 and is expected to be completed by July 2023.

7. ATTACHMENTS
· Bid Abstract
· Contract with South Coast Industrial Doors, Inc.

City of Orange Page 2 of 2 Printed on 4/5/2023
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City of Orange: Summary of Bid Abstracts for:
1 2
Bid No. 22-23.31; Project No. SP-4249
Date of Bid Opening: 03/09/23
$430,000 Tel. No. 951-279-2424 Tel. No. 916-638-4554
NO. DESCRIPTION OF WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Garage Door Replacement at the
Corporation Yard and Fire Stations
EA 8 $53,750.00 $430,000.00 $41,085.00 $328,680.00 $45,100.00 $360,800.00 $430,000.00 $328,680.00 $360,800.00

ENGINEER'S ESTIMATE
Garage Door Replacement at the Corporation Yard and
Fire Stations
South Coast Industrial Door National Garage Door

Page 1 of 1 ends

CONTRACT
[Garage Door Replacement at the Corporation Yard and Fire Stations (Bid No. 22-23.31)] 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 SOUTH COAST INDUSTRIAL DOOR, INC., a California corporation (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed
a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two (2) bonds presented to City with this Contract and incorporated herein by this reference, Contractor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in good workmanship and substantial manner the work (the “Work”) described in:
(1) The latest edition of the "City of Orange Standard Plans and Specifications" (the “Orange Book”) with the term "Engineer," as used in the Orange Book and in this Contract, to specifically include the City Engineer (or designee); (2) The "Standard Specifications for Public Works Construction” (the “Greenbook”), and all amendments thereto, except the definition of “Subcontractor” in Section 1.2 (General – Terms and Definitions) of Part 1 (General Provisions) of the Greenbook, which is hereby amended in its entirety to read as follows: “Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor for the performance of a part of the Work;” (3) The “City of Orange Standard Special Provisions;”
(4) The Standard Plans; and
(5) Contractor’s Bid Proposal, which is on file with City’s Department of Public Works.
b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Greenbook and City of Orange Standard Special Provisions and Standard Plans are on file with City’s Public Works Director and are hereby specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges that it has read, reviewed and understands the Plans, the Orange Book, the Greenbook, the Special Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of which documents shall be referred to herein collectively as the “Plans and Specifications.” c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal Code which requires, among other things, that Contractor utilize City’s exclusive solid waste 124
2 hauler for the rental of bins for trash and debris removal and imposes mandatory recycling requirements for self-hauled construction and demolition waste. The terms and conditions set forth in this Contract shall control over any terms and conditions in the Plans and Specifications to the contrary.
d. The Work shall be performed in conformity with the Plans and Specifications and the Bid Proposal and all applicable laws, including any and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment.
e. Unless and until otherwise notified in writing by City’s Public Works Director, City’s Assistant Field Services Manager, Matthew Lorenzen (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Public Works Director may designate from time to time, that Contractor shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Public Works Director. f. It is expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and Contractor’s Bid Proposal, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid Proposal conflicting herewith.

ARTICLE 2
Commencement of Work
Contractor shall commence the Work provided for in this Contract within ten (10) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within thirty (30) 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 THREE HUNDRED TWENTY-EIGHT THOUSAND SIX HUNDRED EIGHTY DOLLARS and 00/100 ($328,680.00) 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 125
3 to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.
b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of FORTY-NINE THOUSAND THREE HUNDRED TWO DOLLARS and 00/100 ($49,302.00) has been added to the total compensation of this Contract. The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such Work or services.
c. The total amount of compensation under this Contract, including contingencies, shall not exceed THREE HUNDRED SEVENTY-SEVEN THOUSAND NINE HUNDRED EIGHTYTWO DOLLARS and 00/100 ($377,982.00).

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

ARTICLE 5
Guarantees
a. Contractor guarantees the construction and installation of all Work included in the Plans and Specifications for which Contractor has been awarded this Contract. b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty equipment, workmanship, materials furnished or methods of installations, or should said Work or any part thereof fail to function properly, as designed, due to any of the above causes within twelve (12) months after the 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.
126
4 c. Said Work will be deemed defective within the meaning of this guarantee in the event that it fails to function as originally intended either by the Plans and Specifications of this Contract or by the manufacturer(s) of the equipment incorporated into the Work. d. In the event repairs are not made within fifteen (15) calendar days after Contractor's receipt of a demand from City, City shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand, for all expenses incurred in restoring said Work to the condition contemplated in this Contract, including the cost of any equipment or materials replaced. e. It is understood that emergency repairs may, by necessity, be made by City.

Therefore, when defective equipment, materials or workmanship result in emergency repairs by City, Contractor shall reimburse City, upon demand, for all expenses incurred. Emergency repairs will be deemed as those repairs determined by City’s Director of Public Works to be necessary due to an immediate detriment to the health, safety, welfare or convenience of the residents of City.

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

ARTICLE 7
Independent Contractor; Contractor not Agent
a. At all times during the term of this Contract, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar 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 127
5 relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.
b. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.

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

To the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions. c. Contractor shall secure the payment of compensation to its employees in accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
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 128
6 law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the Work which is the subject of this Contract, Contractor shall bear all risks of payment or non-payment of state prevailing wages. “Increased costs” as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time. The foregoing indemnity shall survive termination of this Contract.

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

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

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

ARTICLE 11
Indemnity
Contractor shall defend, indemnify and hold harmless City and its officers, officials, agents, and employees from and against:
129
7 a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or adjacent to the real property which is the subject of this Contract, or in connection with performance of this Contract which may be directly or indirectly caused by the acts or omissions of Contractor or its officers, employees, contractors or agents, or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents, and employees. The foregoing indemnity shall survive termination of this Contract. b. Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s Work under this Contract, including any and all claims under any law pertaining to Contractor’s status as an independent contractor.

ARTICLE 12
Insurance
a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract.
b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.
(1) General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the general aggregate
limit shall be twice the required
occurrence limit.
(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. 130
8 c. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. d. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or selfinsured retentions with respect to City, its officers, officials, agents and employees; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. e. Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:
(1) City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability arising out of Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such Work or operations. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall apply to City as an additional insured.
(2) For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance with respect to City, its officers, officials, agents and employees. Any insurance or self-insurance maintained by City, its officers, officials, agents and employees shall be excess of Contractor’s insurance and shall not contribute with it. (3) Coverage shall not be canceled, except after thirty (30) days’ prior written notice has been provided to City.
f. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Article 12. The endorsements shall be on forms acceptable to City. All certificates and endorsements are to be received and approved by City before the Work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
g. All insurance procured and maintained by Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. 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 131
9 such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom by way of set-off from any sums owed Contractor. i. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.

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

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

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

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

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:
132
10 (1) Has complied and shall at all times during the term of this Contract comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and (2) Has not and will not knowingly employ any individual to perform services under this Contract who is ineligible to work in the United States or under the terms of this Contract; and
(3) Has properly maintained, and shall at all times during the term of this Contract properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and
(4) Has responded, and shall at all times during the term of this Contract respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration. c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services under this Contract.
d. Contractor shall, upon request of City, provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract. e. If Contractor, or a subcontractor or subconsultant, knowingly employs an employee providing Work under this Contract who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, such shall constitute a material breach of this Contract and may be cause for immediate termination of this Contract by City.
f. Contractor shall indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor’s failure to comply with said laws, rules and regulations in connection with the performance of this Contract.

ARTICLE 16
Governing Law and Venue
This Contract shall be construed in accordance with and governed by the laws of the State of California and Contractor shall submit to the jurisdiction of California courts. Venue for any dispute arising under this Contract shall be in Orange County, California. 133
11 ARTICLE 17
Integration and Amendment
a. This Contract constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the Work to be performed under this Contract shall be of any force or effect unless it is in writing and signed by both parties. Any Work performed which is inconsistent with or in violation of the provisions of this Contract shall not be compensated. b. Amendments to this Contract must be in writing and signed by both parties. The City Manager is authorized to execute amendments to this Contract up to the amounts specified in Chapter 3.08 of the Orange Municipal Code.

ARTICLE 18
Notice
Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
South Coast Industrial Door, Inc. City of Orange
1275 Graphite Drive 300 E. Chapman Avenue
Corona, CA 92881 Orange, CA 92866-1591
Attn: Jacquelyn Diana Attn: Matthew Lorenzen
Telephone: (951) 279-2424 Telephone: (714) 532-6488
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.
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12 ARTICLE 20
Counterparts
This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures. “CITY”

CONTRACT, BONDS AND INSURANCE
APPROVED BY:

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

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

Pamela Coleman, City Clerk
“CONTRACTOR”
SOUTH COAST INDUSTRIAL DOOR, INC.,
a California corporation
[Note: Signature of Chairman of the By:

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

Secretary, Chief Financial Officer or Printed Name:

Assistant Treasurer is also required] Title:
√
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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. 137
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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) 138
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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. 139
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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 141
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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. 142
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(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor.
(c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.

The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labormanagement committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. 143
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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 144
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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 145
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of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2)(A) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:
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(i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship and preapprenticeship standards and requirements under this code. (B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees, prior to the receipt of any grant funds, to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so that the Department of Industrial Relations is able to verify that grant funds were used solely for training apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this subdivision.
(C) The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant funds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of the apprenticeship program.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.

Section 1813. Forfeiture for violations; contract stipulation; report of violations The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of 147
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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.
148
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ATTACHMENT NO. 2
CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204
Section 9204. Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process (Eff: January 1, 2017) (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 149
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(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 150
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(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 151
Agenda Item
City Council
Item #: 3.11. 4/11/2023 File #: 23-0213
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to R.J. Noble Company for Annual Pavement Maintenance at Various Locations, FY 2022-2023 (Bid No. 22.23.27); and finding of CEQA exemption.

2. SUMMARY
Bids for the Annual Pavement Maintenance at Various Locations, Fiscal Year 2022-2023, (SP-4228) were received and opened on March 16, 2023. Three bidders responded to the notice inviting bids.

The apparent low bidder is R.J. Noble Company of Orange, California in the amount of $5,641,615.

3. RECOMMENDED ACTION
Approve contract with R.J. Noble Company in the total amount of $5,641,615 for Annual Pavement Maintenance at Various Locations, Fiscal Year 2022-2023; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this contract is $5,641,615 and will be funded in Pavement Management Program (13120) through:

Measure M2 (263) $ 1,491,270
RMRA Road Maint Rehab (274) 3,235,000
Capital Projects (500) 915,345
Total: $ 5,641,615

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 is part of our Pavement Management Program FY23 (13120) activities and is designed to prolong the pavement life of city streets.

This asphalt concrete overlay project will rehabilitate approximately eight arterial streets and 42 City of Orange Page 1 of 2 Printed on 4/5/2023
powered by Legistar™152
Item #: 3.11. 4/11/2023 File #: 23-0213
This asphalt concrete overlay project will rehabilitate approximately eight arterial streets and 42 residential 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. These streets require work at this time to prevent total pavement failure, which will save the cost of complete reconstruction at much higher future costs.

The City Council previously approved advertisement for bids on February 14, 2023. The bid solicitation was advertised on February 23, 2023 for a period of three weeks and bids were opened on March 16, 2023. Three bids were received as follows:

1. R. J. Noble Company, Orange $5,641,615

2. Palp Inc.,dba Excel Paving Co, Long Beach $5,789,926

3. All American Asphalt, Corona $6,048,669
The low bid is about 30.5% higher than the Engineer’s Estimate of $3,922,535. This represents a considerable increase in construction and material cost from last year, and as such, if the City’s project budget is not increased in the future, we will likely see a corresponding 30% reduction in our ability to perform needed street maintenance. Staff checked the references and qualifications for R.

J. Noble Company and found them to be acceptable, with adequate years of experience in completing contracts of similar nature to this project. Therefore, staff recommends that R. J. Noble Company be awarded the contract in the amount of $5,641,615 for Annual Pavement Maintenance at Various Locations, Fiscal Year 2022-2023.

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

7. ENVIRONMENTAL REVIEW
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 has been filed with the County Recorder’s Office.

8. ATTACHMENTS
· Bid Abstract
· Contract with R.J. Noble Company
· Location Maps
City of Orange Page 2 of 2 Printed on 4/5/2023
powered by Legistar™153
Agenda Item
City Council
Item #: 3.11. 4/11/2023 File #: 23-0213
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to R.J. Noble Company for Annual Pavement Maintenance at Various Locations, FY 2022-2023 (Bid No. 22.23.27); and finding of CEQA exemption.

The apparent low bidder is R.J. Noble Company of Orange, California in the amount of $5,641,615.

4. FISCAL IMPACT
The total expenditure for this contract is $5,641,615 and will be funded in Pavement Management Program (13120) through:

Measure M2 (263) $ 1,491,270
RMRA Road Maint Rehab (274) 3,235,000
Capital Projects (500) 915,345
Total: $ 5,641,615

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

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

This asphalt concrete overlay project will rehabilitate approximately eight arterial streets and 42 City of Orange Page 1 of 2 Printed on 4/5/2023
powered by Legistar™154
Item #: 3.11. 4/11/2023 File #: 23-0213
This asphalt concrete overlay project will rehabilitate approximately eight arterial streets and 42 residential 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. These streets require work at this time to prevent total pavement failure, which will save the cost of complete reconstruction at much higher future costs.

1. R. J. Noble Company, Orange $5,641,615

2. Palp Inc.,dba Excel Paving Co, Long Beach $5,789,926

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

8. ATTACHMENTS
· Bid Abstract
· Contract with R.J. Noble Company
· Location Maps
City of Orange Page 2 of 2 Printed on 4/5/2023
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1 2 3
Bid No. 22-23.27; Project No. SP-4228
Date of Bid Opening: 3/16/2023
Tel. No. (714) 637-1550 Tel. No. (562) 599-5841 Tel. No. (951) 736-7600 NO. DESCRIPTION OF WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 2" Cold Plane Existing AC Pavement -
Residential SY 2.25 65,250 $ $146,812.50 $3.55 $231,637.50 $3.00 $195,750.00 $4.40 $287,100.00 2 Remove Asphalt Concrete/Subgrade
(Residential 4" Unclassified Excavation) CY 120.00 190 $ $22,800.00 $150.00 $28,500.00 $400.00 $76,000.00 $540.00 $102,600.00 3 Asphalt Concrete Pavement - Residential
Base Course TON 125.00 360 $ $45,000.00 $170.00 $61,200.00 $340.00 $122,400.00 $390.00 $140,400.00 4 Asphalt Rubberized Hot Mix (ARHM) -
Residential Surface Course (1/2" Class

ARHM-GG-C)
TON 100.00 11,510 $ $1,151,000.00 $137.00 $1,576,870.00 $129.00 $1,484,790.00 $144.00 $1,657,440.00 5 Cold Plane Existing AC Pavement - Arterial
(Depth Per Plan) SY 2.25 82,000 $ $184,500.00 $3.85 $315,700.00 $4.00 $328,000.00 $4.00 $328,000.00 6 Remove Asphalt Concrete/Subgrade
(Arterial 8" Unclassified Excavation) CY 120.00 390 $ $46,800.00 $125.00 $48,750.00 $213.00 $83,070.00 $300.00 $117,000.00 7 Asphalt Concrete Pavement - Arterial
Base Course TON 125.00 790 $ $98,750.00 $140.00 $110,600.00 $210.00 $165,900.00 $199.00 $157,210.00 8 Asphalt Concrete Pavement - Arterial
Level Course TON 110.00 3,800 $ $418,000.00 $145.00 $551,000.00 $152.00 $577,600.00 $129.00 $490,200.00 9 Asphalt Rubberized Hot Mix (ARHM) -
Arterial Surface Course (3/4" Class ARHMGG-B)
TON 115.00 9,400 $ $1,081,000.00 $149.00 $1,400,600.00 $136.00 $1,278,400.00 $149.00 $1,400,600.00 10 Adjust/Remove & Replace Water Valve
Box per OWD Std. No. 101 EA 800.00 221 $ $176,800.00 $1,125.00 $248,625.00 $1,100.00 $243,100.00 $950.00 $209,950.00 11 Adjust Manhole Frame & Cover to Grade
per City Std. No. 408 EA 750.00 170 $ $127,500.00 $950.00 $161,500.00 $1,200.00 $204,000.00 $1,250.00 $212,500.00 12 Provide & Install Type “E” Detector Loops
EA 315.00 116 $ $36,540.00 $325.00 $37,700.00 $300.00 $34,800.00 $360.00 $41,760.00 13 Remove and replace existing manhole
frame and cover, adjust manhole to grade
construct concrete collar per City Std 407
and 408 (D)
EA 2,500.00 10 $ $25,000.00 $1,750.00 $17,500.00 $2,600.00 $26,000.00 $2,000.00 $20,000.00 14 Sawcut & Remove Existing and Construct
Concrete Curb and Gutter, Type A per
City Std. Plan No. 117 (8" or Variable Curb
Face)
LF 110.00 34 $ $3,740.00 $128.00 $4,352.00 $150.00 $5,100.00 $180.00 $6,120.00 15 Horizontally Saw-Cut Curb, Or Remove
Existing Curb And Sidewalk Access
Ramp, And Construct New Ramp Per
City Std. Plan No. 121 With Detectable
Warning Surface (Truncated Dome 4' X 3')
EA 7,000.00 3 $ $21,000.00 $8,700.00 $26,100.00 $9,800.00 $29,400.00 $12,000.00 $36,000.00 16 Install Detectable Warning Surface
(Truncated Dome 4' X 3') per City
Standard Plan No. 121 on existing curb
ramp
EA 500.00 1 $ $500.00 $1,500.00 $1,500.00 $1,600.00 $1,600.00 $2,000.00 $2,000.00 17 Remove Existing and Construct Concrete
Cross Gutter and Spandrel per City Std.

Plan 119 (D)
SF 32.00 500 $ $16,000.00 $35.00 $17,500.00 $54.00 $27,000.00 $40.00 $20,000.00 18 Remove Existing and Construct Concrete
Sidewalk per City Std. Plan 118 & 120 SF 22.00 36 $ $792.00 $55.00 $1,980.00 $56.00 $2,016.00 $50.00 $1,800.00 19 Install Traffic Signing & Striping,
pavement markings (legends), and Raised
Pavement Markers (RPM's) for Arterial
Streets per City's Plan and MUTCD
LS 35,000.00 1 $ $35,000.00 $120,000.00 $120,000.00 $132,000.00 $132,000.00 $100,000.00 $100,000.00 20 Inventory and Install Traffic Signing &
Striping, pavement markings (legends),
and Raised Pavement Markers (RPM's)
for Residential/Collector Streets per
MUTCD
LS 35,000.00 1 $ $35,000.00 $20,000.00 $20,000.00 $15,000.00 $15,000.00 $18,000.00 $18,000.00 21 Traffic Control & Construction Phasing LS 250,000.00 1 $ $250,000.00 $660,000.00 $660,000.00 $758,000.00 $758,000.00 $699,989.00 $699,989.00 $3,922,534.50 $5,641,614.50 $5,789,926.00 $6,048,669.00 Long Beach, CA Corona, CA
City of Orange: Summary of Bid Abstracts for:

Grand Total

PAVEMENT IMPROVEMENTS

ENGINEER'S ESTIMATE
Annual Pavement Maintenance at Various Locations
FY 2022-2023
R. J. Noble Company Palp, Inc. DBA Excel Paving Co All American Asphalt Orange, CA

Page 1 of 1 ends

CONTRACT
[Annual Pavement Maintenance at Various Locations,
FY 2022-2023 (Bid No. 22-23.27; SP-4228)]
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 R.J. NOBLE COMPANY, a California corporation (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed
a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two (2) bonds presented to City with this Contract and incorporated herein by this reference, Contractor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in good workmanship and substantial manner the work (the “Work”) described in:
(1) The Construction Plans for Annual Pavement Maintenance At Various Locations, FY 2022-2023 (Drawing SP-4228), approved by the “Engineer” (as defined herein below) on February 22, 2023, and consisting of sheets numbered 1 through 36, inclusive (the “Plans”);
(2) The latest edition of the "City of Orange Standard Plans and Specifications" (the “Orange Book”) with the term "Engineer," as used in the Orange Book and in this Contract, to specifically include the City Engineer (or designee); (3) The "Standard Specifications for Public Works Construction” (the “Greenbook”), and all amendments thereto, except the definition of “Subcontractor” in Section 1.2 (General – Terms and Definitions) of Part 1 (General Provisions) of the Greenbook, which is hereby amended in its entirety to read as follows: “Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor for the performance of a part of the Work;” (4) The “City of Orange Standard Special Provisions;”
(5) The Standard Plans; and
(6) Contractor’s Bid Proposal, which is on file with City’s Department of Public Works.
b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Greenbook and City of Orange Standard Special Provisions and Standard Plans are on file with City’s Public Works Director and are hereby 157
2 specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges that it has read, reviewed and understands the Plans, the Orange Book, the Greenbook, the Special Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of which documents shall be referred to herein collectively as the “Plans and Specifications.” c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal Code which requires, among other things, that Contractor utilize City’s exclusive solid waste hauler for the rental of bins for trash and debris removal and imposes mandatory recycling requirements forself-hauled construction and demolition waste. The terms and conditions set forth in this Contract shall control over any terms and conditions in the Plans and Specifications to the contrary.
d. The Work shall be performed in conformity with the Plans and Specifications and the Bid Proposal and all applicable laws, including any and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment.
e. Unless and until otherwise notified in writing by City’s Public Works Director, City’s Senior Civil Engineer, Youichi Nakagawa (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Public Works Director may designate from time to time, that Contractor shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Public Works Director. f. It is expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and Contractor’s Bid Proposal, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid Proposal conflicting herewith.
g. Contractor agrees that it has an obligation to reset all permanent survey markers as stated in the Orange Book, Part 4, Section 400-2, “Permanent Survey Markers,” and obtain the approval for pre- and post-construction centerline tie sheets and Corner Records from the County of Orange and deliver said approved documents to City as soon as they are received. This obligation extends to any of its subcontractors that have performed work in this regard. This subsection survives completion of the Work, the Notice of Completion, and final payment and shall be an enforceable obligation until fulfilled.

ARTICLE 2
Commencement of Work
Contractor shall commence the Work provided for in this Contract within fifteen (15) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of 158
3 the Work within one hundred twenty (120) 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 FIVE MILLION SIX HUNDRED FORTY-ONE THOUSAND SIX HUNDRED FOURTEEN DOLLARS and 50/100 ($5,641,614.50) unless said amount is amended by Contract Change Order approved by the City, as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.

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. 159
4 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.

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, 160
5 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.

To the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions. c. Contractor shall secure the payment of compensation to its employees in accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
d. Contractor shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increased costs” (including reasonable attorney’s fees, court and litigation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, 161
6 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.

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

ARTICLE 11
Indemnity
Contractor shall defend, indemnify and hold harmless City and its officers, officials, agents, and employees from and against:
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7 a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or adjacent to the real property which is the subject of this Contract, or in connection with performance of this Contract which may be directly or indirectly caused by the acts or omissions of Contractor or its officers, employees, contractors or agents, or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents, and employees. The foregoing indemnity shall survive termination of this Contract. b. Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s Work under this Contract, including any and all claims under any law pertaining to Contractor’s status as an independent contractor.

ARTICLE 12
Insurance
a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract.
b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.
(1) General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the general aggregate
limit shall be twice the required
occurrence limit.
(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. 163
8 c. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. d. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or selfinsured retentions with respect to City, its officers, officials, agents and employees; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. e. Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:
(1) City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability arising out of Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such Work or operations. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall apply to City as an additional insured.
(2) For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance with respect to City, its officers, officials, agents and employees. Any insurance or self-insurance maintained by City, its officers, officials, agents and employees shall be excess of Contractor’s insurance and shall not contribute with it. (3) Coverage shall not be canceled, except after thirty (30) days’ prior written notice has been provided to City.
f. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Article 12. The endorsements shall be on forms acceptable to City. All certificates and endorsements are to be received and approved by City before the Work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
g. All insurance procured and maintained by Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. 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 164
9 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.

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.
165
10 b. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Contract comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and (2) Has not and will not knowingly employ any individual to perform services under this Contract who is ineligible to work in the United States or under the terms of this Contract; and
(3) Has properly maintained, and shall at all times during the term of this Contract properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and
(4) Has responded, and shall at all times during the term of this Contract respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration. c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services under this Contract.
d. Contractor shall, upon request of City, provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract. e. If Contractor, or a subcontractor or subconsultant, knowingly employs an employee providing Work under this Contract who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, such shall constitute a material breach of this Contract and may be cause for immediate termination of this Contract by City.
f. Contractor shall indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor’s failure to comply with said laws, rules and regulations in connection with the performance of this Contract.
166
11 ARTICLE 16
Governing Law and Venue
This Contract shall be construed in accordance with and governed by the laws of the State of California and Contractor shall submit to the jurisdiction of California courts. Venue for any dispute arising under this Contract shall be in Orange County, California.

ARTICLE 17
Integration and Amendment
a. This Contract constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the Work to be performed under this Contract shall be of any force or effect unless it is in writing and signed by both parties. Any Work performed which is inconsistent with or in violation of the provisions of this Contract shall not be compensated. b. Amendments to this Contract must be in writing and signed by both parties. The City Manager is authorized to execute amendments to this Contract up to the amounts specified in Chapter 3.08 of the Orange Municipal Code.]
ARTICLE 18
Notice
Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
R.J. Noble Company City of Orange
P.O. Box 620 300 E. Chapman Avenue
Orange, CA 92856 Orange, CA 92866-1591
Attn: Steve Mendoza Attn: Youichi Nakagawa
Telephone: 714-637-1550 Telephone: (714) 744-5572
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 167
12 in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and incorporated herein by this reference.

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

CONTRACT, BONDS AND INSURANCE
APPROVED BY:

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

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

Pamela Coleman, City Clerk
“CONTRACTOR”
R.J. NOBLE COMPANY, a California
corporation
[Note: Signature of Chairman of the By:

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

Secretary, Chief Financial Officer or Printed Name:

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

Page 1 of 13 ends

Orange City CouncilApril 11, 2023

Orange City Council
April 11, 2023