Agenda packet — Orange City Council, June 27, 2023 (part 1 of 4)

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
June 27, 2023
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. (Continued on page 2)

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1 City Council Agenda June 27, 2023
2) Written Public Comments via eComment
Members of the public can submit their written comments electronically for City Council consideration by using the eComment feature on the Agenda page of the City's website at www.cityoforange.org. 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 for consideration and posted on the City’s website after the meeting. 3) Public Comments via recorded voicemail message
Finally, the public can record their comments by calling (714) 744-2234 no later than 5:00 p.m. the day of the meeting. Recorded messages will not be played at the meeting, but will be provided to the Council.

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

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

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

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

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2 City Council Agenda June 27, 2023
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 LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) Name of Case: Carol Leigh Kneeshaw, et al. v. City of Orange, et al.

Orange County Superior Court Case No. 30-2020-01170026

4. CLOSED SESSION REPORT

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

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3 City Council Agenda June 27, 2023
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER

1.1 INVOCATION
Reverend Tim Klinkenberg, St. John’s Lutheran Church

1.2 PLEDGE OF ALLEGIANCE
Councilmember Denis Bilodeau

1.3 ROLL CALL

1.4 PRESENTATIONS/ANNOUNCEMENTS

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

Approve.

Recommended Action:

Attachments: Staff Report

3.2. Approval of minutes of the City of Orange City Council Adjourned Regular Meeting held on June 6, 2023; and Regular Meeting held on June 13, 2023.

Approve minutes as presented.

Recommended Action:

Staff Report
June 6, 2023, Adjourned Regular Meeting minutes
June 13, 2023, Regular Meeting minutes
Attachments:

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4 City Council Agenda June 27, 2023

3.3. Agreement with Academy Electric, Inc. for electrical preventative maintenance and repairs at park facilities for a total amount not to exceed $162,272.

Approve an agreement with Academy Electric, Inc., in the amount of $162,272 for electrical maintenance at park facilities; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Maintenance Services Agreement with Academy Electric
Attachments:

3.4. Second Amendment to Agreement with Willdan Engineering for On-Call Building Services.

Approve the Second Amendment to agreement with Willdan Engineering for On-Call Building and Safety Services; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Professional Services Agreement with Willdan
First Amendment to Agreement
Second Amendment to Agreement
Attachments:

3.5. Award three-year agreement to General Pump Company for maintenance and repairs to wells, pumps, and motors on an as-needed basis.

Approve three-year agreement for an initial amount of $475,000 for Fiscal Year 23/24, subject to a 2% maximum annual inflation adjustment starting with Fiscal Year 24/25, with a three-year total not to exceed $1,453,690; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Rating Summation
Maintenance Services Agreement with General Pump
Attachments:

3.6. Appropriation of $128,779.95 in designated Public Safety Realignment/Assembly Bill 109 funding received from the County of Orange.

1. Accept into the City’s revenue budget an $128,779.95 deposit from the County of Orange, into revenue account number 100.4031.45495.20159, Other Grant Revenue-Post Release Community Supervision.

2. Authorize the appropriation of $128,779.95 into expenditure account number 100.4031.50221.20159, Overtime - Post Release Community Supervision.

Recommended Action:

Attachments: Staff Report

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5 City Council Agenda June 27, 2023

3.7. Award of Contract to PALP, Inc., dba Excel Paving Company for Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement project; Bid No. 22-23.42.

1. Authorize the transfer of $430,000 from 220.5011.56340.30166 Cambridge Street Infrastructure Improvement to expenditure account number 220.5022.56340.30163 Sanitation and Sewer - Chapman Avenue Bioclean Installation.

2. Approve contract with Palp, Inc. dba Excel Paving Company in the total amount of $751,603, representing an original amount of $683,275 plus a 10% contingency of $68,328, for Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Bid Abstract
Location Maps
Contract with PALP Inc. Excel Paving Company
Attachments:

3.8. Final Acceptance of Bid No. 22-23.02; SP-4042, Tustin Street at La Veta Avenue - Rock Creek Drive Signal Modification; and authorization to file Notice of Completion.

Accept Tustin Street at La Veta Avenue - Rock Creek Drive Signal Modification as complete, and authorize staff to file Notice of Completion with the County Recorder.

Recommended Action:

Staff Report
Notice of Completion and Acceptance
Attachments:

3.9. Authorize purchase of materials and supplies for water maintenance operations from various vendors.

Approve purchase orders for miscellaneous materials and supplies as described in Section 6 of the staff report for a total amount of $1,325,000.

Recommended Action:

Attachments: Staff Report

3.10. Authorize purchase of eight 800-Megahertz handheld radios and associated equipment from Motorola Solutions, Inc. for the Code Compliance Division.

Approve the purchase of eight 800-Megahertz handheld radios and associated equipment from Motorola Solutions, Inc. for a total amount not to exceed $40,669.16 through Orange County Price Book Agreement #MA-060-21010004.

Recommended Action:

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6 City Council Agenda June 27, 2023
Staff Report
Motorola Quote No. MSC5923-1
Attachments:

3.11. Authorize purchase of five motorcycles for the Police Department from Irv Seaver Motorcycles using a Cooperative Purchasing Agreement with another local agency.

Approve the purchase of five 2024 BMW motorcycles from Irv Seaver Motorcycles for $143,421.

Recommended Action:

Staff Report
Cost Proposal
Attachments:

3.12. Authorize purchase of turnout safety gear and associated equipment from Allstar Fire Equipment under the Sourcewell Cooperative Agreement (Contract # 032620-LIO) for Fiscal Year 2023-2024.

Approve the purchase of firefighter turnout safety gear and equipment from Allstar Fire Equipment in an amount not to exceed $150,000 for Fiscal Year 2023-2024.

Recommended Action:

Attachments: Staff Report

3.13. Authorize purchase of safety gear and associated equipment from LN Curtis & Sons under the Sourcewell Cooperative Agreement (Contract # 032620-LNC) for Fiscal Year 2023-2024.

Approve the purchase of safety gear and equipment from LN Curtis & Sons in an amount of $40,000 for Fiscal Year 2023-2024.

Recommended Action:

Attachments: Staff Report

3.14. Authorize purchase of Fire Department uniforms, wildland safety gear and accessories from LineGear Fire & Rescue Equipment (LineGear) under the GSA Contract #GS-07F-9246S for Fiscal Year 2023-2024.

Approve the purchase of Fire Department uniforms, wildland safety gear, and accessories from LineGear Fire & Rescue Equipment in the amount of $120,000 for Fiscal Year 2023-2024.

Recommended Action:

Attachments: Staff Report

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3.15. Authorize purchase of medical supplies from Life-Assist, Inc. under the National Purchasing Partners (NPPGov) cooperative contract No. PS20180 with League of Oregon Cities for Fiscal Year 2023-2024.

Approve the purchase of medical supplies and medications from Life-Assist, Inc. in an amount of $286,000 for Fiscal Year 2023-2024.

Recommended Action:

Staff Report
Intergovernmental Cooperative Purchasing Agreement
Attachments:

3.16. Quitclaim of Santa Ana Valley Irrigation easement at 1325 W. Katella Avenue.

Approve the quitclaim of the existing pipeline easement at 1325 W. Katella Avenue; and authorize the Mayor to execute on behalf of the City.

Recommended Action:

Staff Report
Quitclaim Deed
Location Map
Attachments:

3.17. Status and update of the Circulation Element, Mitigation Fee Program and Local Signal Synchronization Plan for the Measure M2 Program. Resolution Nos. 11467 and 11468.

1. Adopt Resolution No. 11467. A Resolution of the City Council of the City of Orange concerning the status and update of the circulation element and mitigation fee program for the Measure M (M2) Program.

2. Adopt Resolution No. 11468. A Resolution of the City Council of the City of Orange concerning the status and update of the Local Signal Synchronization Plan (LSSP) for the Measure M (M2) Program.

3. Authorize staff to submit M2 eligibility documentation to the Orange County Transportation Authority (OCTA).

Recommended Action:

Staff Report
Resolution No. 11468
Resolution No. 11467
Attachments:

3.18. Annual review and approval of the Statement of Investment Policy for Fiscal Year 2023-24. Resolution No. 11469.

Adopt Resolution No. 11469. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11384 and approving and adopting a Statement of Investment Policy for Fiscal Year 2023-24.

Recommended Action:

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8 City Council Agenda June 27, 2023
Staff Report
Resolution No. 11469
FY 23-24 Statement of Investment Policy
FY 22-23 Statement of Investment Policy (Redline)
Attachments:

3.19. A Letter of Understanding between the City of Orange and the Orange City Fire Management Association effective July 1, 2023, through June 30, 2026.

Resolution No. 11470.

Adopt Resolution No. 11470. A Resolution of the City Council of the City of Orange establishing a Letter of Understanding between the City of Orange and the Orange City Fire Management Association effective July 1, 2023, through June 30, 2026.

Recommended Action:

Staff Report
Resolution No. 11470
Attachments:

3.20. A Letter of Understanding between the City of Orange and the Orange City Firefighters, Inc. Local 2384 of the International Association of Fire Fighters AFL-CIO effective July 1, 2023, through June 30, 2026. Resolution No. 11477.

Adopt Resolution No. 11477. A Resolution of the City Council of the City of Orange establishing a Letter of Understanding between the City of Orange and the Orange City Firefighters, Inc. Local 2384 of the International Association of Fire Fighters AFL-CIO effective July 1, 2023, through June 30, 2026.

Recommended Action:

Staff Report
Resolution No. 11477
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. Report and Discussion on La Veta Monterey Condo Gas Line Issues (Dumitru)

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6. ADMINISTRATIVE REPORTS

6.1. Proposed Fiscal Year 2023-2024 City of Orange Budget and Five-Year Capital Improvement Program.

For Fiscal Year 2022-2023

1. Approve a budget transfer of $1,000,000 from the Capital Projects Fund (500) unreserved fund balance to the General Fund (100) unreserved fund balance.

2. Approve a budget transfer of $1,000,000 from the Computer Replacement Fund (790) unreserved fund balance to the General Fund (100) unreserved fund balance.

For Fiscal Year 2023-2024
Seven action items are recommended to adopt the Fiscal Year 2023-2024 Budget, effective July 1, 2023:

1. Adopt Resolution No. 11471. A Resolution of the City Council of the City of Orange adopting said City’s Budget for the Fiscal Year 2023-24 and authorizing transfer of funds within and between appropriations, transfer of funds between funds, and additional appropriations.

2. Adopt Resolution No. 11472. A Resolution of the City Council of the City of Orange adopting the appropriations limit for the Fiscal Year 2023-24.

3. Make a finding that the portion of the Fiscal Year 2023-24 Budget subject to the Gann Appropriations limit is $117,783,431, and therefore within the limit.

4. Adopt Resolution No. 11473. A Resolution of the City Council of the City of Orange approving and authorizing staff to submit to the Orange County Transportation Authority the Measure M2 Seven-Year Capital Improvement Program for Fiscal Year 2023-24 through 2029-30 to comply with Measure M2 eligibility criteria.

5. Adopt Resolution No. 11474. A Resolution of the City Council of the City of Orange amending the Master Schedule of Fees and Charges for various services and the rental of rooms and equipment.

6. Adopt Resolution No. 11475. A Resolution of the City Council of the City of Orange amending Resolution No. 11434 between the City of Orange and the Orange Management Association.

7. Adopt Resolution No. 11476. A Resolution of the City Council of the City of Orange amending the citywide pay schedule in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5.

Recommended Action:

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10 City Council Agenda June 27, 2023
Staff Report
Budget Message
Resolution No. 11471
Resolution No. 11472
Resolution No. 11473
Resolution No. 11474
Resolution No. 11475
Resolution No. 11476
Selected Budget Worksheets
Department Goals and Objectives FY24
Five-Year Capital Improvement Plan
Proposed Fee Changes
Attachments:

6.2. Award of Agreement to West Coast Arborists, Inc. for Tree Maintenance Services.

Approve a five-year agreement with West Coast Arborists, Inc. in the total amount of $8,680,700 for citywide tree services; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Maintenance Agreement
Attachments:

7. REPORTS FROM CITY MANAGER

8. LEGAL AFFAIRS

8.1. Introduction and First Reading of Ordinance No. 08-23, amending sections

2.60.010 and 2.60.020 of the Orange Municipal Code related to the Powers and Duties of the Park Planning and Community Events Commission and adoption of Resolution No. 11466.

1. Introduce and conduct First Reading of Ordinance No. 08-23. An Ordinance of the City Council of the City Orange Amending Sections 2.60.010 and 2.60.020 of the Orange Municipal Code Related to the Powers and Duties of the Park Planning and Community Events Commission.

2. Adopt Resolution No. 11466. A Resolution of the City Council of the City of Orange Rescinding Resolution No. 11432 and establishing the number of members, qualifications for membership, purpose, compensation and meetings for specified City Boards, Committees, and Commissions.

Recommended Action:

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11 City Council Agenda June 27, 2023
Staff Report
Ordinance No. 08-23 - CLEAN
Ordinance No. 08-23 - REDLINED
Resolution No. 11466
Attachments:

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

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

Date posted: June 22, 2023

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12 Agenda Item
City Council
Item #: 3.1. 6/27/2023 File #: 23-0411
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

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

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

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

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.1. 6/27/2023 File #: 23-0411
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

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

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

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.2. 6/27/2023 File #: 23-0415
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 Adjourned Regular Meeting held on June 6, 2023; and Regular Meeting held on June 13, 2023.

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

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· June 6, 2023, Adjourned Regular Meeting minutes
· June 13, 2023, Regular Meeting minutes
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Agenda Item
City Council
Item #: 3.2. 6/27/2023 File #: 23-0415
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 Adjourned Regular Meeting held on June 6, 2023; and Regular Meeting held on June 13, 2023.

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

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· June 6, 2023, Adjourned Regular Meeting minutes
· June 13, 2023, Regular Meeting minutes
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City of Orange
City Council
June 06, 2023

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Tuesday, June 6, 2023, at 5:00 p.m. for an Adjourned 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, Bilodeau, Gyllenhammer, and Slater

Absent: Gutierrez

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None

3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:05 p.m. with all Members present, except Councilmember Gyllenhammer who joined Closed Session at 5:22 p.m. and Councilmember Gutierrez who was absent, to discuss the following:
a. 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
RECESS TO REGULAR MEETING: At 5:58 p.m., the City Council recessed from Closed Session to an Adjourned Regular Meeting in the Council Chamber.

The City Council reconvened in Closed Session at 8:13 p.m. with all Members present, except Councilmember Gutierrez who was absent.

4. CLOSED SESSION REPORT
None

5. ADJOURNMENT
Closed Session was adjourned at 8:47 p.m.

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17 City Council Minutes - Draft June 6, 2023
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:04 p.m.

1.1 PLEDGE OF ALLEGIANCE
Led by Councilmember Jon Dumitru.

1.2 ROLL CALL

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

Absent: Gutierrez

1.3 REPORT ON CLOSED SESSION ACTIONS
None

2. PUBLIC COMMENTS
Public Speakers:

Jonathan Zimmerman spoke about issues with Chapman University students living off campus.

Marc Conner spoke about web accessibility laws.

Brandy Romero expressed concerns with Chapman University off campus parties.

Lupe Nelson expressed concerns with Chapman University off campus parties.

James Kushon spoke about looking at other revenue options for the dog park.

3. STUDY SESSION

3.1. Third Study Session for the Proposed Fiscal Year 2023-24 Budget.

Assistant City Manager Susan Galvan and Budget Manager Michelle Kresan presented the staff report. They provided an update on the Capital Improvement Program and Reserve Policy; and reviewed the Master Fee Schedule and annual department accomplishments, goals, and objectives.

Council discussed the following: Master Fee Schedule update and increasing percentage of cost recovery including credit card fees, placing a short-term moratorium on Mills Act Contracts, increasing transient occupancy tax, chilling public safety positions, and sale of Royer Mansion.

The report was received and filed.

Council recessed at 8:10 p.m. and reconvened in Closed Session at 8:13 p.m. with all Members present, except Councilmember Gutierrez who was absent.

Council reconvened in Open Session at 8:47 p.m. with nothing to report out.

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18 City Council Minutes - Draft June 6, 2023

4. ADJOURNMENT
There being no further business, the meeting was adjourned at 8:47 p.m.

The next Regular City Council meeting will be held on Tuesday, June 13, 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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19 City of Orange
City Council
June 13, 2023

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Tuesday, June 13, 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, Gyllenhammer, and Slater

Absent: Bilodeau

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 present, except Councilmember Bilodeau who was absent, to discuss the following:
a. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
City Negotiator: Tom Kisela, City Manager
Employee Organization: Top Management, Orange Fire Management Association Orange Fire Management Association was not discussed.

4. CLOSED SESSION REPORT
None

5. ADJOURNMENT
Closed Session was adjourned at 5:57 p.m.

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20 City Council Minutes - Draft June 13, 2023
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 Pete Shambrook, Orange Police Department Chaplain.

1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Kathy Tavoularis.

1.3 ROLL CALL

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

Absent: Bilodeau

1.4 PRESENTATIONS/ANNOUNCEMENTS
Mayor Slater announced the Concerts in the Park series would be held every Wednesday, 6:30 - 8:00 p.m., June 14 through August 9 at various locations. He encouraged residents to visit the City website for a complete listing of the concert line up and park locations.

1.5 REPORT ON CLOSED SESSION ACTIONS
None

2. PUBLIC COMMENTS
Public Speakers
Sammy Rodriguez expressed concerns with the CDBG mapping process.

John Nelson asked about the disbursement of the street sweeping enterprise funds.

Michele Schroeder spoke about climate change and encouraged Council to implement a Climate Action Plan.

Written Public Comments
Janice Brownfield emailed in support of park and street improvements.

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

ACTION: Approved.

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21 City Council Minutes - Draft June 13, 2023

3.2. Confirmation of warrant registers dated May 4, 11, 18, and 25, 2023.

ACTION: Approved as presented.

3.3. Approval of minutes of the City of Orange City Council Regular Meeting held on May 23, 2023.

ACTION: Approved minutes as presented.

3.4. Agreement with NexTech Systems, Inc. for as-needed sole source procurement and technical support of Carmanah Technologies Corporation rectangular rapid-flashing beacons and related electrical devices.

ACTION: Approved the agreement with NexTech Systems, Inc. in the amount of $100,000 for as-needed procurement and technical support of rectangular rapid-flashing beacons and related electrical devices; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.5. Agreement with TriTech Software Systems dba Central Square for software upgrades and maintenance of the Police Department’s Computer Aided Dispatch and Records Management System.

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

Staff provided Council with an update on the current Police Department's Computer Aided Dispatch and Records Management system and timeline for transitioning to the new system.

ACTION: A motion was made by Councilmember Dumitru, seconded by Councilmember Gyllenhammer, to approve the agreement with TriTech Software Systems in the amount of $124,608.40 for software upgrades and maintenance; and authorize the Mayor and the City Clerk to execute on behalf of the City. The motion carried by the following vote:

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

Absent: Bilodeau

3.6. Agreement with Sunrise Multi-Specialist Medical Center for occupational medical evaluations for Fiscal Year 2022-2023 and Fiscal Year 2023-2024.

ACTION: Approved the fifteen-month agreement with Sunrise Multi-Specialist Medical Center in an amount not to exceed $60,000 for occupational medical evaluations; and authorized the Mayor and the City Clerk to execute on behalf of the City.

3.7. First Amendment to Agreement with Chattel, Inc., Historic Preservation Consultants to provide historic consultant services for the repair and conservation of The Plaza fountain and Community Development Department contract staff services.

ACTION: Approved the first amendment to the agreement with Chattel Inc., Historic Preservation Consultants in the amount of $45,000 for reconstruction and conservation of the Plaza Park fountain and contract staff services; and authorized the Mayor and City Clerk to execute on behalf of the City.

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3.8. First Amendment to the Agreement with Allelous, Inc. (dba The HUB OC), for the administration of After School Community Recreation Program Services for youth in Orange.

ACTION: Approved the First Amendment to the Agreement with Allelous, Inc. (dba The HUB OC) in the amount of $40,000; and authorized the Mayor and City Clerk to execute the Agreement on behalf of the City.

3.9. First Amendment to Agreement with Fortel Traffic, Inc. for as-needed procurement, installation, and maintenance of speed radar feedback signs and related electrical devices.

ACTION: Approved the amendment to agreement with Fortel Traffic, Inc. in the amount of $100,000 for as-needed procurement, installation, and maintenance of speed radar feedback signs and related electrical devices and authorized the Mayor and City Clerk to execute on behalf of the City.

3.10. Termination of Reciprocal Easement Agreement between 1201 and 1249 E.

Katella Avenue.

Item 3.10 was removed from the Consent Calendar for separate consideration by Councilmember Gutierrez.

In response to Council's questions, staff explained that this action was the final step before construction of the affordable housing project begins.

ACTION: A motion was made by Councilmember Tavoularis, seconded by Councilmember Gutierrez, to approve the Termination of Reciprocal Easement Agreement between Citizens Business Bank and the City of Orange; and authorize the Mayor to execute on behalf of the City. The motion carried by the following vote:

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

Absent: Bilodeau

3.11. Appropriation of $246,440 in polychlorinated biphenyl (PCB) Total Maximum Daily Load (TMDL) settlement funding to be used for restitution and future costs associated with the TMDL regulatory compliance program.

ACTION: 1) Accepted into the City’s revenue budget $246,440 in settlement funds from PCB Settlement Fund-PCB TMDL fund into revenue account number 220.5024.48210.20532, Sewer - Water Quality TMDL Settlement; and 2) Authorized the appropriation of $246,440 into expenditure account number 220.5024.56340.20532, Sewer - CIP- Water Quality TMDL Settlement.

3.12. Appropriation of $113,821.88 in State of California Office of Emergency Services funding received.

ACTION: 1) Accepted into the City’s revenue budget $113,821.88 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES), into account numbers for Cal-OES reimbursements as follows:

Cal-OES reimbursements (revenue account 100.3024.48212.xxxxx):
$ 13,812.01 .40310 - OES Pre-Postion #220018
24,808.55 .40316 - Radford Fire
43,825.07 .40319 - OES Pre-Position #220051

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8,665.92 .40320 - OES Pre-Position #220056
22,710.33 .40322 - OES Pre-Position #220057
2) Authorized the appropriation of $99,915.62 into the expenditure account numbers for Overtime-Safety as follows:

Overtime-Safety (expenditure account 100.3024.50221.xxxxx):
$ 11,982.00 .40310 - OES Pre-Position #220018
22,895.21 .40316 - Radford Fire
36,258.47 .40319 - OES Pre-Position #220051
8,665.92 .40320 - OES Pre-Position #220056
20,114.02 .40322 - OES Pre-Position #220057
3) Authorized the appropriation of $5,501.57 into the expenditure account numbers for Strike Team Expenditures as follows:

Strike Team (expenditure account 100.3024.53860.xxxxx):
$ 1,830.01 .40310 - OES Pre-Position #220018
140.34 .40316 - Radford Fire
2,987.23 .40319 - OES Pre-Position #220051
543.99 .40322 - OES Pre-Position #220057
4) Authorized the appropriation of $8,404.69 into the expenditure account numbers for Motor Vehicle Replacement as follows:

Motor Vehicle Replacement (expenditure account 720.5023.55212.xxxxx) $ 1,773.00 .40316 - Radford Fire
4,579.37 .40319 - OES Pre-Position #220051
2,052.32 .40322 - OES Pre-Position #220057

3.13. Appropriation of $54,542 in revenue from the Community Partnership Program, Community Garden lease and deposit fees, user group maintenance fees, and the Military Banner program.

ACTION: 1) Accepted into the City’s revenue budget $54,840 in community partnership donations, Community Garden revenue, user group maintenance fees, and Military Banner revenue into the following accounts, all in the General Fund (100):
$10,000 100.7015.48390.20530 Donations-2023 Special Events Season $3,725 100.7001.44210.20227 Garden Plots
$40,995 100.7022.42480.00000 User Group Maintenance Fees $120 100.7001.48390.20054 Military Banner Program
2) Authorized the appropriation of $54,542 in the following expenditure accounts, all in the General Fund (100):
$10,000 100.7015.48390.20530 Donations-2023 Special Events Season $3,427 100.7001.44210.20227 Garden Plots
$40,995 100.7022.42480.00000 User Group Maintenance Fees $120 100.7001.48390.20054 Military Banner Program

3.14. Appropriation of $16,060 in State of California Office of Emergency Services funding received.

ACTION: 1) Accepted into the City’s revenue budget $16,060 in designated funding from the State of California Office of Emergency Services, into revenue account number 100.4031.48218.40321, CalOES - Medical Examinations; and 2) Authorized the appropriation of $16,060 into expenditure account number 100.4031.51640.00000, Contractual Services - Medical.

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3.15. Approval of plans and specifications for Santiago Canyon Road (Newport Boulevard to Jamboree Road) Street Rehabilitation Project; authorization to advertise for bids; and finding of CEQA exemption.

ACTION: Approved plans and specifications and authorized advertising for Bid No. 22-23.16 (SP-4201).

3.16. Claims for Damages.

Item 3.16 was removed from the Consent Calendar for separate consideration by Councilmember Dumitru.

City Attorney Binning confirmed that Council must act on all claims for damages presented to the City Council including claims for incidents that occurred outside the Council's jurisdiction.

ACTION: A motion was made by Councilmember Dumitru, seconded by Councilmember Gutierrez, to deny the following claims and refer to City Attorney and Claims Adjuster:

1. Zachary and Paula Larsen

2. AAA a/s/o Rally Velasco

3. Nasrin Noori

4. Melbi Perez

5. Maria J. Antu

6. Karen Abbott

7. Shauna Johnson

8. Luis Hernandez-Morales

9. Isabel (Green) Lancaster

10. Brian Galliher

11. Dena Nguyen

12. Ruben Orgaz

13. Angelette R. Joseph
The motion carried by the following vote:

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

Absent: Bilodeau

3.17. Award of Contract to Diversified Thermal Services, LLC for the Main Library HVAC Replacement Project; Bid No. 22-23.34.

ACTION: 1) Waived minor public works bidding irregularity in the bid proposal received by Diversified Thermal Services, LLC; and 2) Approved contract with Diversified Thermal Services, LLC in the total amount of $658,670, representing an original amount of $598,791 plus a 10% contingency of $59,879, for the Main Library HVAC Replacement Project; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.18. Final Acceptance of Bid No. 22-23.09, Annual Concrete Replacement at Various Locations, Phase I; and authorization to file Notice of Completion.

ACTION: Accepted Annual Concrete Replacement at Various Locations, Phase I Project as complete; and authorized staff to file Notice of Completion with the County Recorder.

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3.19. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Section 15.04.015 of the Orange Municipal Code deleting a provision regarding Work Exempt from Permit. Ordinance No. 06-23.

ACTION: Adopted Ordinance No. 06-23.

3.20. Authorize purchase of licenses from Vigilant Solutions, LLC as a single source vendor.

ACTION: Authorized the sole source purchase of licenses from Vigilant Solutions, LLC for $35,000.

3.21. Authorize purchase of Winchester Law Enforcement Ammunition from Dooley Enterprises, Inc. as a sole source vendor.

ACTION: Authorized the sole source purchase of ammunition from Dooley Enterprises, Inc. for $153,000.

3.22. Authorize purchase of ballistic vests and helmets from U.S. Armor Corporation.

ACTION: Authorized the purchase of ballistic vests and helmets from U.S. Armor Corporation in the amount of $40,000.

3.23. Authorize purchase of Police Department uniforms from Galls, LLC.

ACTION: Approved the purchase of Police Department uniforms from Galls, LLC for $110,000.

3.24. Authorize blanket purchase order for annual maintenance of various hardware and software from Sidepath, Inc.

Item 3.24 was removed from the Consent Calendar for separate consideration by Councilmember Gyllenhammer.

Staff answered Council's questions regarding the various purchases from Sidepath, and explained the City takes advantage of Cooperative Agreements whenever possible.

ACTION: A motion was made by Councilmember Tavoularis, seconded by Councilmember Gyllenhammer, to approve blanket purchase order for annual maintenance of various hardware and software items from Sidepath, inc. for $382,000.

The motion carried by the following vote:

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

Absent: Bilodeau

3.25. Quitclaim of Storm Drain Easements to Noreene A. Acken at 388 South Clark Street.

Item 3.25 was removed from the Consent Calendar for separate consideration by Mayor pro tem Barrios.

During discussion, Mayor pro tem Barrios requested that Council refund the quitclaim application fee to the homeowner.

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ACTION: A motion was made by Mayor pro tem Barrios, seconded by Councilmember Dumitru, to approve the quitclaim of the storm drain easements to Noreene A. Acken at 388 South Clark Street; authorize the Mayor to sign the quitclaim deed; and approve the refund of the Quitclaim application fee to the homeowner. The motion carried by the following vote:

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

Absent: Bilodeau

3.26. Authorize the Public Works Director to sign and file a financial assistance application for a financing agreement with the California State Water Resources Control Board for the City of Orange Wells 20, 21, and 22 PFAS Treatment Systems, and finding of CEQA exemption. Resolution Nos. 11457 and 11458.

ACTION: 1) Adopted Resolution No. 11457. A Resolution of the City Council of the City of Orange authorizing a representative to sign and file a financial assistance application for a financing agreement with the State Water Resources Control Board (SWRCB) for the City of Orange Wells 20, 21, and 22 PFAS Treatment Systems. 2) Adopted Resolution No. 11458. A Resolution of the City Council of the City of Orange adopting the exemption from the California Environmental Quality Act (CEQA) for Wells 20, 21, and 22 PFOA and PFOS Treatment Plants Construction and Operation.

3.27. Status report regarding calendar year 2022 fire inspections of educational and selected residential occupancies in accordance with California Health and Safety Code Section 13146.4. Resolution No. 11462.

ACTION: Adopted Resolution No. 11462. A Resolution of the City Council of the City of Orange acknowledging receipt of a report made by the Orange City Fire Department regarding performance of certain required annual inspections.

3.28. A Resolution amending the Master Schedule of Fees and Charges to adjust Ground Ambulance Transportation Rates. Resolution No. 11463.

Entered into the record: A memo correcting the effective date of the proposed fee as listed in the staff report; the correct effective date is July 1, 2023, and not July 1, 2022.

Item 3.28 was removed from the Consent Calendar for separate consideration by Councilmember Gutierrez.

Staff answered Council's questions regarding the proposed fee and paramedic membership program.

ACTION: A motion was made by Councilmember Gutierrez, seconded by Councilmember Gyllenhammer, to adopt Resolution No. 11463. A Resolution of the City Council of the City of Orange amending the Master Schedule of Fees and Charges to adjust Emergency Medical Services and Ground Ambulance Transportation Rates.

The motion carried by the following vote:

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

Absent: Bilodeau

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Approval of the Consent Calendar
Item Nos. 3.5, 3.10, 3.16, 3.24, 3.25, and 3.28 were removed from the Consent Calendar and heard separately. All other items were approved as recommended.

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

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

Absent: Bilodeau

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

4. REPORTS FROM MAYOR SLATER

4.1. Nature Park at City Hall Presentation.

Thea Gavin presented a proposal for a nature park at City Hall.

Council discussed available rebates for removal of ornamental turf, naming of the park, maintenance costs, and funding sources.

Public Speakers
The following spoke in support of a nature park at City Hall: Megan Penn, Sharon Zimmerman, Judy Schroeder, and Rachel Whitt.

A motion was made by Mayor Slater, seconded by Mayor pro tem Barrios, to support the concept of a nature park at City Hall and authorize Thea Gavin and her committee to proceed with planning and fund raising; that the Orange Park Planning & Community Events Commission and OTPA have the opportunity to provide input and comments; that final plans be brought to Council for review and approval before implementation of the plans; and that the proposed project be done at no cost to the City of Orange. The motion carried by the following vote:

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

Absent: Bilodeau

4.2. Homeless Outreach City Council Subcomittee update.

Mayor Slater and Councilmember Dumitru provided an update on the Homeless Outreach City Council subcommittee. The subcommittee has identified a potential site for a homeless shelter and are actively seeking funding sources to build a shelter, and are looking for temporary solutions until a shelter is built.

Public Speaker:

Alec Boserup, Boyscout Troop 543, asked what young people can do to help the homeless.

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5. REPORTS FROM COUNCILMEMBERS

5.1. Highlight Local Business (Gutierrez & Barrios)
Councilmember Gutierrez highlighted the following local business: Jardin! Autentica Cocina.

5.2. City/Schools Coordinating Committee Report (Gutierrez) Councilmember Gutierrez reported the committee discussed the crossing guard program and possible outsourcing options at their last meeting.

5.3. Abstention Protocol (Gutierrez)
In response to Council's questions, staff summarized the City's practice regarding abstentions and explained the difference between a recusal and an abstention when voting on agenda items. During discussion, Council directed staff to return with options for adopting parliamentary procedures.

6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS

6.1. Appointment to the Orange Public Library Board of Trustees.

A motion was made by Councilmember Dumitru, seconded by Councilmember Gyllenhammer, to appoint Kathleen Stevens to the Library Board of Trustees to fill an unexpired term ending on June 30, 2024. The motion carried by the following vote:

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

Absent: Bilodeau
RECESS: The City Council recessed at 7:59 p.m. and reconvened at 8:13 p.m. with all Members present, except Councilmember Bilodeau who was absent.

7. REPORTS FROM CITY MANAGER
City Manager Kisela provided Council with an update on illegal street vendors, and announced "Recycle From Home", a recycling pilot program, is now available to Orange residents.

8. PUBLIC HEARINGS

8.1. Public Hearing to consider approval of the Landscape Maintenance Assessment Districts 86-2 (Santiago Hills), and 15-1 (Santiago Hills Overlay) Final Engineer’s Reports for Fiscal Year 2023-2024. Resolution No. 11464.

Councilmember Gyllenhammer recused himself from Item 8.1 due to a potential conflict with a nearby property interest and left the dais at 8:50 p.m.

Mayor Slater opened the Public Hearing at 8:54 p.m.

City Clerk Coleman announced no protests were received.

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Public Speaker
Jeremy Livermore requested the excess funds of $3,500 be designated for contractors to purchase new low noise blowers.

Written Public Comments
Mariam Tukhi emailed opposing the continued use of toxic synthetic herbicides and pesticides in the district.

Kimberly DeLehman emailed in support of the assessment; however, in opposition of the continued use of toxic synthetic herbicides and pesticides in the district.

Mayor Slater closed the Public Hearing at 8:58 p.m.

During discussion, staff answered Council's questions regarding pesticide alternatives, terms of the landscape maintenance contract, and the increase in the annual assessment for the Santiago Hills Overlay.

A motion was made by Councilmember Dumitru, seconded by Councilmember Gutierrez, to:
1) Adopt Resolution No. 11464. A Resolution of the City Council of the City of Orange approving the Engineer's Reports and providing for the annual assessment for Landscape Maintenance Districts 86-2 (Santiago Hills) and 15-1 (Santiago Hills Overlay).
2) Establish the assessment per single family detached unit per year for Fiscal Year 2023-2024 for Landscape Maintenance Districts 86-2 (Santiago Hills) and 15-1 (Santiago Hills Overlay) at $369.44 and $263.27 respectively for single family detached, and $221.66 and $186.92 respectively for condominiums.

The motion carried by the following vote:

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

Absent: Bilodeau
Recuse: Gyllenhammer
Councilmember Gyllenhammer returned to the dais at 9:11 p.m.

8.2. Public Hearing to consider approval of the Landscape Maintenance District 94-1 (Sycamore Crossing) Final Engineer’s Report for Fiscal Year 2023-2024.

Resolution No. 11465.

Mayor Slater opened the Public Hearing at 9:13 p.m.

City Clerk Coleman announced no protests were received.

There being no speakers, Mayor Slater closed the Public Hearing at 9:14 p.m.

A motion was made by Councilmember Gutierrez, seconded by Mayor pro tem Barrios, to:
1) Adopt Resolution No. 11465. A Resolution of the City Council of the City of Orange approving the Engineer's Report and providing for the annual assessment for Landscape Maintenance District 94-1 (Sycamore Crossing).

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2) Establish the assessment for Fiscal Year 2023-2024 for Landscape Maintenance Assessment District 94-1 (Sycamore Crossing) at $293.08 per single family unit per year.

The motion carried by the following vote:

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

Absent: Bilodeau

9. ADJOURNMENT
There being no further business, the meeting was adjourned at 9:15 p.m.

The next Regular City Council Meeting will be held on Tuesday, June 27, 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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31 Agenda Item
City Council
Item #: 3.3. 6/27/2023 File #: 23-0165
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Agreement with Academy Electric, Inc. for electrical preventative maintenance and repairs at park facilities for a total amount not to exceed $162,272.

2. SUMMARY
A four-year agreement to provide electrical preventative maintenance, scheduled repairs, and emergency repairs at park facilities in an amount not to exceed $40,568 annually, for a four-year total of $162,272.

3. RECOMMENDED ACTION
Approve an agreement with Academy Electric, Inc., in the amount of $162,272 for electrical maintenance at park facilities; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this four-year agreement is $162,272 and will be funded through General Fund (100).

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

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

6. DISCUSSION AND BACKGROUND
The Community Services Department oversees the maintenance of all park electrical systems and utilizes contract services for preventative maintenance, scheduled repairs, and emergency repairs.

Preventative electrical maintenance protects systems from failure resulting from old components and ensures the safety and dependability of park facilities. In addition, preventative maintenance has proven effective in prolonging the life of the electrical infrastructure and minimizing down time due to electrical issues. On occasion, it is necessary for emergency repairs to be made promptly to avoid having public park areas be poorly lit and unavailable for use, resulting in the cancellation of programs and a loss of revenue. The current agreement for services expires June 30, 2023.

Staff issued a Request for Bid (RFB) for electrical preventative maintenance and repair (Bid No.22- City of Orange Page 1 of 2 Printed on 6/21/2023
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Item #: 3.3. 6/27/2023 File #: 23-0165
Staff issued a Request for Bid (RFB) for electrical preventative maintenance and repair (Bid No.22-

23.39) in April 2023 and three bids were received:

1. Embee Technologies, Irvine, CA $28,756

2. Academy Electric, Inc., Orange, CA $36,880

3. Bear Electrical Solutions, Alviso, CA $99,000
The lowest responsive bid received was from Embee Technologies (Embee) in the amount of $28,756. Staff contacted the references Embee provided and confirmed that the bidder has no record of success with similar scopes of work, and therefore, a lack of adequate experience. The next lowest and most responsible bid was from Academy Electric, Inc. (Academy) in the amount of $36,880. Academy is the current vendor and has provided satisfactory service. Staff also verified the qualifications of Academy with references provided for similar projects and received positive responses.

The term of this proposed agreement is four years with Academy’s proposed cost at $36,880 per year, for a total of $147,520 for four years. All rates remain consistent for each of the four years. As unforeseen and extensive electrical repairs may be needed due to aging park infrastructures, a 10 percent annual contingency of $3,688 is included. Therefore, the total not to exceed amount is $40,568 annually, for a four-year total of $162,272. The agreement will be funded by the General Fund (100). Funding for the remaining years of the agreement is dependent upon City Council approval of the annual budget.

7. ATTACHMENTS
· Maintenance Services Agreement with Academy Electric
City of Orange Page 2 of 2 Printed on 6/21/2023
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Agenda Item
City Council
Item #: 3.3. 6/27/2023 File #: 23-0165
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Agreement with Academy Electric, Inc. for electrical preventative maintenance and repairs at park facilities for a total amount not to exceed $162,272.

4. FISCAL IMPACT
The total expenditure for this four-year agreement is $162,272 and will be funded through General Fund (100).

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

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

Staff issued a Request for Bid (RFB) for electrical preventative maintenance and repair (Bid No.22- City of Orange Page 1 of 2 Printed on 6/21/2023
powered by Legistar™ 34
Item #: 3.3. 6/27/2023 File #: 23-0165
Staff issued a Request for Bid (RFB) for electrical preventative maintenance and repair (Bid No.22-

23.39) in April 2023 and three bids were received:

1. Embee Technologies, Irvine, CA $28,756

2. Academy Electric, Inc., Orange, CA $36,880

7. ATTACHMENTS
· Maintenance Services Agreement with Academy Electric
City of Orange Page 2 of 2 Printed on 6/21/2023
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MAINTENANCE SERVICES AGREEMENT
[Electrical Maintenance Services for City Parks]
THIS MAINTENANCE 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 ACADEMY ELECTRIC, INC., a California corporation (“Contractor”), who agree as follows:

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

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

Paul Miller, Parks Maintenance Supervisor (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of City’s Project Manager (or 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 ONE HUNDRED FORTY-SEVEN THOUSAND FIVE HUNDRED TWENTY DOLLARS and 00/100 ($147,520.00) 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.
c. In addition to the scheduled services to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by City’s Project Manager. In anticipation of such contingencies, the sum of FOURTEEN THOUSAND SEVEN HUNDRED FIFTY-TWO DOLLARS and 00/100 ($14,752.00) has been added to the total 36 2
compensation of this Agreement. City’s Project Manager 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 City’s Project Manager 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 an Amendment to Agreement 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 City’s Project Manager. Any and all additional work and services performed under this Agreement 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 City’s Project Manager prior to the commencement of such services. d. The total amount of compensation under this Agreement, including contingencies, shall not exceed ONE HUNDRED SIXTY-TWO THOUSAND TWO HUNDRED SEVENTY-TWO DOLLARS and 00/100 ($162,272.00).

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.
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.
37 3

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.

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. The term of this Agreement shall be for four (4) years, commencing on July 1, 2023, and ending on June 30, 2027.

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

12. Reserved.

13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by City will cause it to incur additional costs, it must specify, in writing, why the delay has caused 38 4
additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above, absent a written amendment to this Agreement.

14. Reserved.

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

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

17. Indemnity.
a. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:
(1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and 39 5
any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and
(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph. b. 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. c. The indemnities set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.

Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.
g. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.
h. 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.
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.
j. 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.

Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with 41 7
this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

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

21. Compliance with all Laws/Immigration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement. b. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and
(2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and
(3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and
(4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.
c. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c. d. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification 42 8
that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.
e. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Section d.
f. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City. g. 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 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”
Academy Electric, Inc. City of Orange
864 South Winthrope Street 300 E. Chapman Avenue
Orange, CA 92869 Orange, CA 92866-1591
Attn.: Donald B. Gentry Attn.: Paul Miller
Telephone: 714-289-9143 Telephone: 714-532-6472
E-Mail: [email protected] E-Mail: [email protected] 43 9

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

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

Printed Name:

Title:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

Nathalie Adourian
Senior Assistant City Attorney
*NOTE: 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.
√
44 EXHIBIT “A”

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

ELECTRICAL MAINTENANCE SERVICES FOR CITY OF

ORANGE PARK FACILITIES
REQUEST FOR BID (RFB) NO. 22-23.39
BIDS DUE: MAY 4, 2023
TIME: 2:00 PM
The documents contained in this Request for Bid document are considered to be the invitation and not the full final representation of the documents needed to submit a successful response to the bid described herein.

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

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

Project Name: ELECTRICAL MAINTENANCE SERVICES FOR

CITY OF ORANGE PARK FACILITIES
Location Address: City Parks detailed in Attachment 4
Contact Name: Paul Miller, Park Maintenance Supervisor
Phone Number: 714-532-6472
E-Mail Address: [email protected]
PROJECT DESCRIPTION:

The City of Orange, a Municipal Corporation, is requesting bids from qualified Electrical Contractors to perform regular preventative maintenance on parks electrical panels and other electrical components at various city parks in Orange, CA.

Exhibit A: Page 1 of 40
46 TABLE OF CONTENTS
INSTRUCTIONS TO BIDDERS ..........................................................................1 ATTACHMENT NO. 1 – Scope of Work ..............................................................7 ATTACHMENT NO. 2 – Bid Sheet .....................................................................9 ATTACHMENT NO. 3 – Statement of Required Information and Experience ......10 ATTACHMENT NO. 4 – Park Inventory............................................................11 ATTACHMENT NO. 5 – Public Contract Code...................................................13 ATTACHMENT NO. 6 – Liability Insurance…………………………………………………….14 ATTACHMENT NO. 7 – Bid Bond…………..…………………………………………………….20 ATTACHMENT NO. 8 – General Requirements………………………………………………21 Exhibit A: Page 2 of 40
47 INSTRUCTIONS TO BIDDERS

1. SCOPE OF WORK. The City of Orange, a municipal corporation (herein referred to as the “City”), is requesting bids from qualified companies to provide preventative maintenance, troubleshooting and repair of City managed and maintained electrical facilities to include, but not limited to, community facilities, park buildings (restrooms, community rooms, concession buildings), irrigation pumps and systems, athletic fields and courts electrical and lighting, area and security lighting, distribution panels, sub panels & equipment, and lake electrical distribution/circulation pumps and equipment.

TIME LINE (APPROXIMATE):

1. Pre-Bid Meeting: April 25, 2023 at 10:00 AM

2. Deadline for questions regarding RFB: April 27, 2023 by 12:00 PM

3. Bids due: p .May 4 m. , 2023 by 2:00 PM

4. Presentation to City Council: June 13, 2023

5. Notice to Proceed: TBD

2. BID SUBMISSIONS. Provide response to the above REQUEST FOR BIDS on attached Bid Sheet and return all pages of the Request for Bid. Bids must be received on or before May 4, 2023, no later than 2:00 PM and shall be submitted to the Office of the City Clerk, located at 300 East Chapman Avenue, Orange, California, 92866. Please provide three (3) copies of bid packets. Fee schedule must be in a separate envelope from bid packet. Faxed or e-mailed bids are not acceptable and will not be considered. Bids received after this deadline will not be considered.

Bid packets must be labelled appropriately:

RFB 22-23.39 ELECTRICAL MAINTENANCE SERVICES FOR CITY OF

ORANGE PARK FACILITIES
Attn: City of Orange, City Clerk’s Office

3. BID INQUIRIES, INSTRUCTIONS AND QUESTIONS. The City representative from whom proposers will receive instructions:

Paul Miller, Park Maintenance Supervisor
[email protected]
230 East Chapman Avenue
Orange, California 92866
714-532-6472
Mr. Miller will hold an optional pre-bid meeting. Please meet Mr. Miller at 10:00 AM on April 25, 2023 at 230 East Chapman Avenue in the City of Orange in the Community Services Conference Room. Proposers are strongly encouraged to attend this meeting and visit sites prior to submitting their bids.

Exhibit A: Page 3 of 40
48 Questions regarding this Request for Bids (“RFB”) should be directed only to Mr. Miller.

All questions, requests for clarification, and comments must be sent to the City by email, and must be clearly titled “Written Questions”. All such e-mails shall be sent to Paul Miller, Park Maintenance Supervisor, at [email protected]. The City shall not be responsible for its failure to respond to e-mail questions that have not been titled as such, and that have not been sent directly to Mr. Miller. Any interpretation or correction of any part of this RFB will be made only by addendum, issued by Mr. Miller.

4. EXAMINATION OF BID. Each bidder is responsible for examining this RFB, including all attachments hereto, and submitting its bid complete and in conformance with these instructions.

5. REQUIRED INFORMATION. The bidder is required to complete, execute and submit the following as part of the bid submittal:
(a) Bid Sheet attached hereto as Attachment No. 2;
(b) A Statement of Required Information and Experience in the form attached hereto as Attachment No. 3;
(c) A Public Contract Code, Certificate of Non-Collusion Affidavit, and Debarment and Suspension Certification in the form attached hereto as Attachment No. 5; and
(d) Bid Bonds as described in Section 9 below and Attachment No. 7.

6. BONDS.
(a) Bid Bond. Each bidder must submit a 10% Bid Bond with bid package. (b) Payment Bond. If awarded, this project requires a payment bond for projects over $25,000. The successful bidder shall submit a Payment Bond to Ashlie Valencia, Administrative Assistant, in Community Services.

7. CERTIFICATE OF INSURANCE. Proof of insurance is not required to be submitted with your bid but will be required prior to the City's award of the contract in accordance with the terms of the written contract attached hereto as Attachment No. 6.

8. QUALIFICATIONS OF BIDDERS. The Contractor shall be registered with Department of Industrial Relations (DIR), State of California per Labor Code Section 177.1(a) at the time of bid. This project is subject to compliance monitoring and enforcement by DIR.

9. MISCELLANEOUS.

1. The contractor shall provide with this proposal a minimum of three (3) references of commensurate/equal installation/electrical work with cities and/or municipalities. References shall represent/include:

Exhibit A: Page 4 of 40
49 • Work completed within the last five (5) years.
• A description and location of said installation/electrical work. • An approximate cost of said installation/electrical work. • A contact person and phone number to verify installation/electrical work.

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

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

4. Existing site amenities (ex. sidewalks, walls, tables, paving, etc.) are to be protected from all construction and painting. Any damage to any existing site amenities will be repaired or replaced at the contractor’s expense to the satisfaction of the City of Orange.

5. The Contractor is to verify all dimensions and conditions at site(s) prior to bid and construction.

6. The Contractor is responsible for inspecting and being aware of all site conditions.
[Remainder of page intentionally left blank]
Exhibit A: Page 5 of 40
50 ATTACHMENT NO. 1

SCOPE OF WORK
Provide a detailed and systematic site by site program of preventive maintenance at varied levels for critical and non-critical apparatus.

Provide electrical troubleshooting and repairs as required.

Miscellaneous replacement parts, if required, shall be furnished by contractor and installed expeditiously the same day or immediately upon delivery of parts.

A list of parts frequently used for the City’s equipment shall be maintained and updated as required. These parts shall be maintained in stock by the Contractor to facilitate timely repairs and replacements.

All materials shall be charged at cost plus 15%. All invoices/receipts for materials shall accompany invoices for services rendered.

Material costs must be detailed in all invoices.

PROJECT DESCRIPTION
Preventative maintenance: To be performed annually or as directed by City Representative.

Criteria:

Provide service and evaluation on meter mains, buss bars, breakers and switchboard enclosures and operational electrical and mechanical apparatus, and solid state power and control.

Conductors:

Check and evaluate main feeders – underground branch circuits.

Motors:

Running voltage to ground, running voltage to neutral, running voltage phase to phase, and running amperes, megger to ground megger between windings, and grease motors, lube bearings.

Pump and/or Vent Fans:

Running voltage to ground, running voltage phase to phase, and running amperes evaluations, if required.

Wetwell End Switches & Pumps:

Clean and calibrate the transducers. Check and replace leaking, cavitations pumps and bearings. Prime, grease and align.

Exhibit A: Page 6 of 40
51 Control Panels:
• Tighten all terminal lugs & torque with no Lox
• Check power supply voltage
• Test induction relays
• Test heater block build-up
• Check cooling apparatus
• Replace filters
• Clean soot and scum
• Remove dirt & material buildup
• Check for proper connection of motor leads & perform internal testing
• Perform necessary Infra-red readings
• Exercise circuit breakers
Clean and inspect transformers:
• Tighten all terminal lugs & torque with no Lox
• Check power supply voltage
• Test induction relays
• Test heater block build-up
• Check cooling apparatus
• Replace filters
• Clean soot and scum
• Remove dirt & material buildup
• Check for proper connection of motor leads & perform internal testing
• Perform necessary Infra-red readings
Internal Testing:
• Check and record voltage to motor
• Check motor amperage start up draw
• Inspect relay and starter contacts
• Clean inside control panel
• Calibrate & adjust controllers and transducers as needed Ground Power Vaults /Ground Sprinkler Solenoid Vaults:
• Level and check drainage
• Re-pigtail aged terminations and weatherproof terminals • Seal and secure vaults
Replacement parts, when required, are not included in this Bid and such parts will be provided by Contractor with City representative’s approval. The Bid shall include rates for emergency and afterhours call-out service, “on call”, for potential emergency situations. Preventative maintenance services shall include one journeyman tech and service truck, tools, and equipment to complete tasks portal to portal.

Exhibit A: Page 7 of 40
52 BID PROPOSAL NOTE:

All City of Orange utility inventories are estimates only, bidder to verify all quantities.

Parks have a total of 26 main electrical panels and 47 sub electrical panels. The successful bidder awarded the contract to perform the work and services shall be responsible for determining actual quantities, sizes, and costs for providing electrical maintenance services for the City of Orange Park Facilities. Electrical panels in the Park Facilities range from 600 amp, 277/480 Volt, 3 Phase, 4 Wire to 100-amp sub panels. All details are to be confirmed by the bidder.

Exhibit A: Page 8 of 40
53 ATTACHMENT NO. 2

BID SHEET
NAME OF BIDDER:
_______________________________________________________________________ TOTAL ANNUAL PREVENTIVE MAINTENANCE BID AMOUNT $_________________ * PER PANEL COSTS: $______________________
**HOURLY RATES FOR REPAIRS AND EMERGENCY RESPONSE:

Hourly Rates for Weekdays (Mon-Fri)
$_________________
Hourly Rates for Weekends
$_________________
Hourly Rates for Emergency Service Calls/After Hours
$_________________
Hourly Rates for Holidays
$_________________
List all Annual Holidays recognized by your company:
_______________________________________________________________________ List Hours of Operation and After Hours by your company:
_______________________________________________________________________ * Per Panel Cost may be used by the City to add or subtract panels from the preventative maintenance program.
** Hourly Rates pertain to repair work and emergency responses only and are not included in the preventative maintenance annual cost provided on this Bid Sheet.

Exhibit A: Page 9 of 40
54 ATTACHMENT NO. 3

STATEMENT OF REQUIRED INFORMATION AND EXPERIENCE
The bidder is required to supply the following information. Additional sheets may be attached if necessary:

1. The bidder shall provide the following:

A. Company Name:

B. Type of Entity (for example, a California corporation):

C. License Number:

D. License Class:

E. License Expiration Date:

2. Number of years experience as a licensed contractor engaged in electrical maintenance work for public agencies: __________

3. List at least three (3) public agencies or contracts for work similar in nature and scope to the work for which this bid is being submitted. Such work or contracts must have been performed or under contract during the past five (5) years.

A. Name: _____________________________________________________________ Address: ____________________________________________________________ City: ____________________________ State: _____________ Zip: ________ Contact: __________________________ Telephone: (_____) _______________ Type of Project: _____________________________________________________ Contract Duration: ___________________ Annual Contract Amount: __________ B. Name: _____________________________________________________________ Address: ____________________________________________________________ City: ____________________________ State: _____________ Zip: ________ Contact: __________________________ Telephone: (_____) _______________ Type of Project: _____________________________________________________ Contract Duration: ___________________ Annual Contract Amount: __________ Exhibit A: Page 10 of 40
55 C. Name: _____________________________________________________________ Address: ____________________________________________________________ City: ____________________________ State: _____________ Zip: ________ Contact: __________________________ Telephone: (_____) _______________ Type of Project: _____________________________________________________ Contract Duration: ___________________ Annual Contract Amount: __________

4. The Bidder shall check one of the following blank spaces, as the case may be. If the Bidder does not check either box, it will be deemed that he has checked Box A:

A. ____ The undersigned DOES NOT INTEND to subcontract any portion of this project.

B. ____ The undersigned INTENDS to subcontract a portion of this project to the following subcontractors. (Note: Please refer to the Subletting and Subcontracting Fair Practices Act commencing at Section 4100 of the California Public Contract Code for the portion of work for which subcontract disclosure is required with the bid.) For each subcontractor to be used for the performance of work under this RFB, please identify the name of the subcontractor, the contact person, address and telephone number, a description of the type of work to be performed by each subcontractor, and the percentage that its work represents to the whole:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Exhibit A: Page 11 of 40
56 ATTACHMENT NO. 4

PARK INVENTORY
This RFB was prepared to provide electrical maintenance specifications and a bidding program maintenance condition specific to City of Orange Parks Facilities. All City of Orange Parks Facilities herein collectively referred to as "Contract Areas" are listed below.

1. Fred Barrera Park
8380 E. Serrano Ave.

Orange, CA 92869

2. Belmont Park
4536 E. Via Escola Ave
Orange, CA 92865

3. Eisenhower Park
2864 N. Tustin St.

Orange, CA 92865
3a. Eisenhower Lake -
Circulation Pump Equip.
2864 N. Tustin St.

Orange, CA 92865

4. El Camino Real Park
400 N. Main St.

Orange, CA 92868

5. El Modena Basin
4343 E. Jordan Ave.

Orange, CA 92869

6. El Modena Park
555 S Hewes St.

Orange, CA 92869

7. Grijalva Park
368 N. Prospect St.

Orange, CA 92869

8. Grijalva Sports Center
368 N. Prospect St.

Orange, CA 92869

9. Handy Park
2143 E. Oakmont Ave
Orange, CA 92867

10. Hart Park
701 S. Glassell St.

Orange, CA 92866

11. Killefer Park
615 N. Lemon St.

Orange, CA 92867

12. La Veta Park
3705 E. La Veta Ave
Orange, CA 92867

13. McPherson Athletic Facility
333 S. Prospect Ave
Orange, CA 92869

14. Olive Park
2841 N. Glassell St.

Orange, CA 92865

15. Pitcher Park
204 S. Cambridge Ave.

Orange, CA 92866

16. Plaza Park
Orange Plaza

17. Santiago Hills Park
8040 E. White Oak Ridge
Orange, CA 92869

18. Serrano Park
2349 Apache Creek Dr.

Orange, CA 92869
Exhibit A: Page 12 of 40
57 19. Shaffer Park
1930 N. Shaffer Street
Orange, CA 92865

20. Steve Ambriz Memorial Park
610 Riverbend Pkwy.

Orange, CA 92865

21. Veterans Memorial at Depot Park
100 N. Atchinson St.

Orange, CA 92866

22. Yorba Park
190 S. Yorba St.

Orange, CA 92867

23. Orange Senior Center
170 Olive St.

Orange, CA 92866
Exhibit A: Page 13 of 40
58 ATTACHMENT NO. 5

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

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

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

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

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

Note: The above Statement and Questionnaire are part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Exhibit A: Page 14 of 40
59 Non-collusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF ORANGE – DEPARTMENT OF COMMUNITY SERVICES In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

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

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Exhibit A: Page 15 of 40
60 DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

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

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

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

The above certification is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Certification.

Exhibit A: Page 16 of 40
61 The undersigned bidder hereby represents as follows:

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

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

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

Date:

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

NAME OF BIDDER
BUSINESS P.O. BOX

CITY, STATE, ZIP

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

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

LICENSE NUMBER

LICENSE CLASS
Exhibit A: Page 17 of 40
62 Attachment 6

Liability Insurance
Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

Coverage shall be at least as broad as:

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

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

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

Contractor shall maintain limits no less than:

1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability insurance or
other form with a general aggregate limit
is used, either the general aggregate limit
shall apply separately to this
project/location or the general aggregate
limit shall be twice the required occurrence
limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: As required by the State of California.

4. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

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

Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:

Exhibit A: Page 18 of 40
63 1. The City, its officers, officials, agents and employees are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage shall be provided in the form of an Additional Insured Endorsement (Insurance Services Office, Inc. Form CG 20 10
11 85 or such other form as may be acceptable to the City) to the Contractor’s insurance policy, or as a separate owner’s policy.

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

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

However, failure to do so shall not operate as a waiver of these insurance requirements. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

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

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

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

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

Exhibit A: Page 19 of 40
64 ATTACHMENT NO. 7
Bond No.__________

CALIFORNIA PUBLIC WORKS

PROPOSAL OR BID BOND
TO WHOM IT MAY CONCERN:

WE, (CONTRACTOR) as Principal,
and (SURETY), a Corporation organized and existing under the laws of the State of and authorized to transact business in the State of California, as Surety, are held and firmly bound unto the CITY OF ORANGE, hereinafter called the Obligee, for the penal sum of Ten Percent (10%) of the Amount of the Bid as described herein and we each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by this Proposal/Bid Bond.

WHEREAS, the Principal is herewith submitting a proposal (bid) for Bid No. 22-23.39 Electrical Maintenance Services For City of Orange Park Facilities THE CONDITION OF THE ABOVE OBLIGATION IS SUCH that if the Principal shall be awarded the contract, and the Principal does within the period specified therefor, or, if no period be specified, within ten (10) days after the notice of such award, enter into a contract and give bond or bonds as specified in the bidding or contract documents with good and sufficient surety of adequate financial size category rating acceptable to the Obligee for the faithful performance of the contract and for the prompt payment of labor and material furnished in the prosecution thereof, then this obligation shall be null and void. Otherwise the Principal and the Surety will pay to the Obligee the difference in money between the amount of the bid of the Principal and the amount for which the Obligee may legally contract with another party to perform the work if the latter amount be in excess of the former. In no event shall the liability hereunder exceed the penal sum hereof.

SIGNED AND SEALED this ____________ day of _______________________________, 20________.

CONTRACTOR NAME OF SURETY
BY: BY:

SECRETARY/TREASURER ATTORNEY-IN-FACT
BY:

PRESIDENT/VICE PRESIDENT

NOTARY ACKNOWLEDGEMENTS ATTACHED
Exhibit A: Page 20 of 40
65 ATTACHMENT NO. 8

GENERAL REQUIREMENTS
The Contractor shall comply with the General Requirements described herein including, but not limited to, the following:

G- 1 TERMS AND DEFINITIONS:

A. Agency : The City of Orange, California, also herein called "City".

B. Contract Area: City of Orange Parks Facilities with electrical distribution C. City’s Representative: Designated person(s) as authorized representative(s) or the contract administrating officer(s) of the City of Orange.

D. The use of the word "Contractor" shall be held to mean the Contractor and/or any person employed by him and working under this contract.

E. The use of the words "shall" and "may" shall be held to mean "Mandatory" and “permissive” respectively.

G-2 AREAS TO BE MAINTAINED:

The City makes no representation about the order or condition of the Contract Area work nor does the City warrant that the Contract Area will be free of defects, either apparent or hidden, at the commencement of, or at any time during the term of contract.

Contract Area sites may include Landscape, hardscape, medians, parkways, slopes, greenbelt areas, recreation trails or open space/natural areas.

An identification of the areas to be maintained is provided in this bid document.

Inventories supplies with this bid package are only approximate and may contain errors. By entering into contract, the Contractor shall be deemed to have agreed to accept the condition of the Contract Area in its "as is" condition with the intent to upgrade or modify existing deficiencies to contract specifications.

G-3 WORKING HOURS:

Normal working hours shall be between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday. No Saturday or Sunday work is to be scheduled without permission from the City, or in emergency situations.

Exhibit A: Page 21 of 40
66 G-4 CONTRACTOR LICENSE:

The successful bidder must possess an active Class C-10 Electrical Contractor license that has been issued by the State of California Contractors State License Board, at the time that the Bid is submitted. Failure to possess the specified license shall render the Bid nonresponsive.

G-5 CONTRACTOR'S OFFICE:

The Contractor is required to maintain an office within a one (1) hour response time of the job site and provide the office with phone services during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by cellular phone. Contractor shall have a maximum response time of one (1) hour to all emergencies. There will be no on-site storage of equipment or materials. Contractor will have full responsibility for maintaining an office and yard.

G-6 SUPERVISION AND CONTRACTOR PERSONNEL:

The Contractor shall provide sufficient supervisory and working personnel to perform all work in accordance with the specifications set forth herein. The Contractor shall furnish supervisory and working personnel capable of promptly accomplishing on schedule, to the satisfaction of the City, all work required under this contract during the prescribed hours.

The Contractor shall have a competent journeyman level person on the job at all times work is being performed who is capable of communicating effectively both in written and oral English, and discuss matters pertaining to this contract. Supervisor, foreman, and journeymen must be able to demonstrate to the satisfaction of the City that they possess adequate technical background and experience in public facilities electrical maintenance of the type found in the City of Orange. Adequate and competent supervision shall be provided for all work done by the Contractor's employees to ensure accomplishment of high-quality work that will be acceptable to the City. Any order or communication given to the supervisor or on-site journeyman shall be deemed as delivered to the Contractor.

The Contractor and his employees shall always conduct themselves in a proper and efficient manner and shall cause the least possible annoyance to the public. The City may require the Contractor to remove from the work site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interest of the City.

G-7 REPORTING SAFETY HAZARDS, DAMAGE OR MALFUNCTION AND GRAFFITI:

It shall be the Contractor's responsibility to inspect work sites while performing maintenance or repair work and identify any condition(s), hazards, or potential hazards that render any Contract areas or portion thereof within this contract unsafe, as well as unsafe practices occurring thereon.

Exhibit A: Page 22 of 40
67 The Contractor shall notify the City immediately of any unusual and/or hazardous conditions in the Contract Area, including but not limited to any damage to, or malfunction of, or any item that creates a hazard or prevents the public's use of City facilities.

G-8 COOPERATION/COLLATERAL WORK:

The Contractor shall recognize that during the course of the contract other activities and operations within the Contract area may be conducted by the City and other contractors. These activities may include but are not limited to: landscape refurbishment, irrigation system modification or repair, construction, emergencies and storm related operations.

The Contractor may be required to modify or curtail certain operations and shall promptly comply with any request by the City to cooperate.

G-9 EMERGENCY NUMBERS AND RESPONSE:

The Contractor will provide the City with names and telephone numbers of qualified persons who can be called by the City when emergency conditions occur. The Contractor shall provide the capability to receive and respond immediately to calls of an emergency nature during working hours and during hours when the contractor's normal work force is not present.

The Contractor shall be available twenty-four (24) hours a day, seven (7) days a week to respond to all emergencies within one (1) hour of notification.

The Contractor shall notify the City within one (1) hour when any emergency work has been completed.

G-10 SCHEDULES:

Contractor shall submit a maintenance schedule for all facilities to the City representative prior to commencement of contracted services that provides for a consistent, repetitive, chronological, and organized process of preventative maintenance for the Contract Area.

G-11 CONTRACT PAYMENT:

The Contractor will be paid monthly for satisfactory work performed under this contract. On or about the first of each month, the Contractor shall submit a detailed invoice and all reports required in the contract for work performed in the prior month. If no work is performed in the prior month no payment will be made.

A. This invoice shall be in accordance with the contract price and shall become the basis for payment.

B. This invoice shall be subject to review and approval by the City's representative.

C. All submitted invoices shall be paid within 30 days of approval by the City.

Exhibit A: Page 23 of 40
68 D. Any charges in the invoice not approved by the City's representative shall not be paid by the City.

G-12 CONTRACT NON-PERFORMANCE:

If the City determines that there are deficiencies in the performance of this contract, the Contractor shall be notified both verbally and in writing each time service requirements are unsatisfactory and corrective action is necessary. Upon notification of service failure, the Contractor shall complete corrective action within 48 hours of said notification.

G-13 PAYMENTS WITHHELD:

The City may withhold entire or partial payment for reasons as follows:

A. Work required by the specifications that is defective, incomplete, or not performed.

B. Claims against the City that are filed.

C. Failure of the Contractor to make payments properly to subcontractors, or for materials and/ or labor.

D. A reasonable doubt that the Contractor will not complete it's required performance for the remaining balance of the term of the contract.

E. Reports, records, or written documentation required of the Contractor to be delivered to the City’s Representative which are incomplete or not performed.

G-14 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS:

All damage incurred to existing facilities and improvements by the Contractor's operations shall be repaired or replaced at the Contractor's expense. The Contractor shall complete corrective action within the following time frames subsequent to verbal notification:

A. All major irrigation repairs shall be complete within 24 hours of notification by the City.

B. General landscape and facility repairs shall be complete within three (3) days per the following guidelines:

1. Damage to turf shall be repaired by replacement with the appropriate variety of sod; reseeding shall not be considered as an adequate repair unless approved by the City's Representative.

2. Damage to ground cover shall be repaired by replacement with the appropriate variety of plant material. Size and spacing shall be determined by the City's representative.

3. Damage to shrubs may be corrected by appropriate pruning; however, if in the opinion of the City’s representative the damage is severe, the shrub shall be removed and replaced with a similar variety and size.

Exhibit A: Page 24 of 40
69 4. Damage to trees shall be repaired in the following manner:
• Minor damage such as bark lost from mechanical equipment shall be remedied by a qualified Tree Surgeon or Arborist.
• If the damage results in the loss of the tree, or a recommendation of removal, the damaged tree shall be removed and replaced with a similar variety and size at the Contractor's expense.

5. Hardscape facilities damaged shall be repaired with materials approved by the City.

6. All landscape repairs will comply with current City Landscape Standards and Specifications.

G- 15 UNDERGROUND EXCAVATIONS:

If the City requests or directs the Contractor to perform work in a given area, it will be the Contractors responsibility to verify and locate any underground utility lines. This does not release the Contractor of the responsibility for taking reasonable precaution when working in these areas.

Contractor shall notify the City and contact the Underground Service Alert (DigAlert 811) before commencing any excavation to locate underground utility systems. Any damage or problems shall be reported immediately to the City.

Unless otherwise indicated in the contract documents, all utility lines, conduits, wires or structures shall be maintained by the Contractor and shall not be disturbed, disconnected or damaged by Contractor during the progress of the work.

G-16 SOUND CONTROL REQUIREMENTS:

The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances that apply to any work performed pursuant to the Contract.

A noise level limit of 86DBA at a distance of fifty feet (50') shall apply to all construction/maintenance equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. No maintenance functions that generate excess noise that would cause annoyance to residents of any Contract Area shall commence before 8:00 a.m.

Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.

Exhibit A: Page 25 of 40
70 G-17 LOCKS AND KEYS:

Where City of Orange locks and keys are required as part of this contract, the Contractor shall:

A. Not duplicate any coded City key furnished by the City for access and operation of the controller.

B. Surrender all keys furnished by the City promptly at the end of the contract period, or at any time deemed necessary to prevent loss to the City.

C. Protect the security of City property by keeping controller cabinets and enclosure doors locked at all times.

D. Refrain from using premises behind locked doors for storage of materials, supplies or tools, except as approved by the City.

G-18 STORAGE FACILITIES:

The City of Orange will not provide any storage facilities for the Contractor.

G-19 COMPLAINTS FROM CITY:

All complaints shall be abated as soon as possible after notification; but in all cases within twenty-four (24) hours, to the satisfaction of the City. If any complaint is not abated within twenty-four (24) hours, the City shall be notified immediately of the reason for not abating the complaint, followed by a written report to the City's Representative within five (5) days.

If the complaints are not abated within the time specified, or to the satisfaction of the City, the City's representative may correct the specific complaint and the total cost incurred by the City will be deducted and forfeited from the payment owing to the Contractor form the City.

G-20 PARKING:

The Contractor shall park his vehicles and equipment within designated parking areas or in such locations as allows normal vehicular and bicycle traffic. The Contractor's vehicles and equipment shall not be parked or set in such a manner that they block pedestrian access or vehicular right-of-way except as required to comply with all standards of OSHA or CALOSHA.

G-21 SIGNS:

The Contractor shall not post signs or advertising matter upon the areas under maintenance or improvements thereon, unless prior written approval is obtained from the City.

The Contractor shall, at all times, remove all unauthorized signs and advertising matter in the contract area under maintenance.

Exhibit A: Page 26 of 40
71 G-22 NO SMOKING:

No employee of the contractor shall smoke or use any tobacco product within any public park (or any portion thereof) or any building thereon or in an outdoor area within 20 feet of a public park within the City of Orange owned and maintained by the City as a public park.

MAINTENANCE SPECIFICATIONS
SCOPE
Notwithstanding the requirements of these specifications, it is the intent of this document to ensure that the electrical systems and Contract Area be maintained in a clean and safe state at all times. Contractor performance shall present a professional image, a high standard of quality and technical competence. The requirements and specifications of this document do not supersede any other applicable standards for Public Works contracts. Where there are differences, the more stringent shall apply, and the City shall be notified of any necessary changes to the specified operations and materials.

M-1 GENERAL MAINTENANCE CARE AND PROCEDURES:

A. All necessary licenses, permits and/or approvals shall be obtained by the maintenance Contractor from the City of Orange.

B. The Contractor shall furnish all labor, materials, equipment, tools, office with telephone, equipment storage and service facilities.

C. Work done in any Contract Area which may affect existing utility improvements shall be done only after the notification of the affected utility company by the Contractor and in strict conformance with such utility company direction, specifications and/or supervision. The City shall be notified of any such work impacting existing utility improvements prior to commencement of such work.

D. Contractor personnel are not to take any direction from individual homeowners or members of the community unless the request is of an emergency nature. Contractor’s personnel shall inform the individual to contact the City’s Representative.

M-2 SAFETY:

All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and comply with all safety standards required by OSHA or CAL-OSHA. The City reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract.

Exhibit A: Page 27 of 40
72 A. Reporting Safety Hazards, Damage or Malfunction: It shall be the Contractor's responsibility to, while on site, inspect all Contract Areas and identify any condition(s) that renders any areas within this contract unsafe, as well as unsafe practices occurring thereon and report any deficiencies immediately to the City's Representative.

1. Notify the City immediately of any unusual and hazardous conditions in the Contract Area including, but not limited to, unsecured electrical panels or cabinets, exposed wires or damaged fixtures, an electrical facilities that do not meet code, or any item that creates a safety hazard or prevents the public’s use of the Contract Area.

2. Notify the City within one (1) hour of malfunctioning facilities of conditions that may break, malfunction, create a safety concern, or interrupt the public’s use of the Contract Area.

B. Work Site: The Contractor shall maintain all work Contract Area sites free of hazards to persons and/or property resulting from his operations. Any hazardous condition noted by the condition noted by the Contractor, which is not a result of his operations, shall be immediately reported to the City.

C. Street Closures, Detours, Barricades: If work is to be conducted in the public right-of-way, the Contractor shall adhere to all safety rules, using cones, signboards, or other required safety equipment, and obtain all necessary permits and approvals per Work Area Traffic Control Handbook requirements (WATCH book).

If the Contractor fails to provide and install any of the signs or traffic control devices required hereby or ordered by the City, the City's Representative may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment.

D. Safety Equipment: All required and recommended safety devices for all power equipment shall be maintained at all times. Failure to maintain safety devices will result in the temporary interruption of work as directed by the City.

M-3 EXTRA WORK:

The City may, from time to time, need additional electrical maintenance or installation services that shall only be authorized by the City's representative as stipulated in the contract and upon execution of the contract documents. Extra work shall be performed by the Contractor or by competitive bid option at the discretion of the City.

A. In the event the Contractor is required by the City and agrees to perform extra work:

When required by the City, an estimate of cost will be submitted to the Community Services Department for approval prior to work being done. The Contractor shall maintain records sufficient to distinguish the direct cost of other operations. He shall furnish reports of extra work on forms furnished by the Contractor, itemizing all costs for labor, materials and equipment rental.

The report shall include hours worked. The following procedure will govern such extra work:

Exhibit A: Page 28 of 40
73 1. Work will be executed under the direction of the City's Representative on a time and materials basis or an agreed lump sum price depending on the nature of the work.

2. City will issue a work request for such extra work to be performed.

3. Extra work will not be initiated without written authorization, except in emergency call-out situations. Contractor agrees that any services performed which are not authorized by the delegated City's Representative, as stipulated in the contract, may result in non-payment by the City.

4. Labor costs shall be based on the proposed wage scale for each type of workman.

B. The City's Representative is limited to issuance of orders, directions, notices and instruction, pursuant to the scope of electrical maintenance and repair work. The City shall not be obligated to pay for extra services which are not supported, in writing, by a Field Change Order Form.

C. Contractor shall submit invoices for extra work separate from regular monthly maintenance billing and shall detail: 1) Contract Area location, 2) services performed, 3) unit cost amounts, 4) City's Representative which ordered or authorized services.

Exhibit A: Page 29 of 40
74 Exhibit A: Page 30 of 40
75 Exhibit A: Page 31 of 40
76 Exhibit A: Page 32 of 40
77 Exhibit A: Page 33 of 40
78 Exhibit A: Page 34 of 40
79 Exhibit A: Page 35 of 40
80 Exhibit A: Page 36 of 40
81 Exhibit A: Page 37 of 40
82 Exhibit A: Page 38 of 40
83 Exhibit A: Page 39 of 40
84 Exhibit A: Page 40 of 40
85 Agenda Item
City Council
Item #: 3.4. 6/27/2023 File #: 23-0339
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Second Amendment to Agreement with Willdan Engineering for On-Call Building Services.

2. SUMMARY
The City currently has an agreement with Willdan Engineering for On-Call Building and Safety inspection and plan check services. The amount of the first amendment has been expended. The proposed second amendment will increase the agreement by $180,000. These additional funds will cover the costs of services rendered through June 30th to maintain service levels as well as allow for temporary staffing for the permit counter, plan check, and inspection as needed until vacancies can be filled through FY24.

3. RECOMMENDED ACTION
Approve the Second Amendment to agreement with Willdan Engineering for On-Call Building and Safety Services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this Second Amendment to agreement is $405,000 with the additional funds coming out of existing funds and salary savings. Revenue is generated from both building permits and plan check submittals to cover the costs of these positions.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
d: Assure the development of the City occurs in a fashion that maximizes public safety.

6. DISCUSSION AND BACKGROUND
Willdan Engineering has provided on-call Building and Safety services to the Building and Safety Division in the Public Works Department. On-call services are used during periods where staff vacancies occur and assisting with several high-profile projects needing additional inspection services as well plan check services beyond the capacity of our in-house staff. This amendment will help the City’s effort in reducing any inspection, plan check, and permit issuance backlog and will assist in maintaining service levels in our Building & Safety Services to the community.

The salary savings from both the Combination Building Inspector and Plan Check Engineer vacant positions will be used to cover the costs of the remaining invoices for services rendered through the City of Orange Page 1 of 2 Printed on 6/21/2023
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Item #: 3.4. 6/27/2023 File #: 23-0339
end of FY23 as well as carry us through to FY24.

7. ATTACHMENTS
· Professional Services Agreement with Willdan Engineering · First Amendment to Agreement
· Second Amendment to Agreement
City of Orange Page 2 of 2 Printed on 6/21/2023
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Agenda Item
City Council
Item #: 3.4. 6/27/2023 File #: 23-0339
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Second Amendment to Agreement with Willdan Engineering for On-Call Building Services.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
d: Assure the development of the City occurs in a fashion that maximizes public safety.

The salary savings from both the Combination Building Inspector and Plan Check Engineer vacant positions will be used to cover the costs of the remaining invoices for services rendered through the City of Orange Page 1 of 2 Printed on 6/21/2023
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Item #: 3.4. 6/27/2023 File #: 23-0339
end of FY23 as well as carry us through to FY24.

7. ATTACHMENTS
· Professional Services Agreement with Willdan Engineering · First Amendment to Agreement
· Second Amendment to Agreement
City of Orange Page 2 of 2 Printed on 6/21/2023
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P AR- 7a3 . k

FIRST AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT
Building Inspection Services]
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT ( the First Amendment") is made and entered into as of 5iA ` 1 2022, by and between the CITY OF ORANGE, a municipal corporation(" City"), and WIL DAN ENGINEERING, a California corporation(" Contractor"), with reference to the following:

A. City and Contractor entered into a Professional Services Agreement ( Agreement No. 7238) dated August 10, 2021, 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 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. 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 ONE HUNDRED AND THIRTY- FIVE THOUSAND DOLLARS and 00/ 100 ($ 135, 000) 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- FIVE THOUSAND DOLLARS and 00/ 100 225, 000) without the prior written authorization of City." Section 4. 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 ofthe Original Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.

Remainder of page intentionally left blank; signatures on next page] 112
IN WITNESS WHEREOF, the parties enter into this First Amendment on the year and day first above written.

CONTRACTOR" CITY"

WILLDAN ENGINEERING CITY OF ORANGE
By: By:

Printed Na • ark A. Murphy, Mayor
Title:

By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

IktroUtd / 440-1.-
Mary E. : s i' u g
Senior Assistant City Attorn
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. 2 113

SECOND AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT
[Building & Safety 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 WILLDAN ENGINEERING, a California corporation (“Contractor”), with reference to the following:

A. City and Contractor entered into a Professional Services Agreement (Agreement No. 7238) dated August 10, 2021, 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. 7238.1) dated July 12, 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 revise the Scope of Services, which will include plan check and permit counter fees for services, and increase the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

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

Section 2. Cross-References. City and Contractor agree that all references in this 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 ONE HUNDRED EIGHTY THOUSAND DOLLARS and 00/100 ($180,000.00) 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 FOUR HUNDRED FIVE THOUSAND DOLLARS and 00/100 ($405,000.00) 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 114
provisions of this Second Amendment and the terms and provisions of the Original Agreement, the 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”
WILLDAN ENGINEERING, a California CITY OF ORANGE, a municipal corporation 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. √
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Agenda Item
City Council
Item #: 3.5. 6/27/2023 File #: 23-0378
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award three-year agreement to General Pump Company for maintenance and repairs to wells, pumps, and motors on an as-needed basis.

2. SUMMARY
The Public Works Department issued a Request for Proposal for Well Maintenance and Repair Services (RFP No. 22-23.40) on April 27, 2023. Two proposals were received and reviewed by City staff. General Pump Company was ranked as the top service provider.

3. RECOMMENDED ACTION
Approve three-year agreement for an initial amount of $475,000 for Fiscal Year 23/24, subject to a 2% maximum annual inflation adjustment starting with Fiscal Year 24/25, with a three-year total not to exceed $1,453,690; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total cost for the first year of this maintenance services agreement in Fiscal Year 23/24 is $475,000 and will be funded through:

Well Rehabilitation (18214) $225,000
Water Fund (600) - Maintenance of Wells 250,000
Total $475,000

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

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

6. DISCUSSION AND BACKGROUND
Currently, the City’s water system consists of 12 operational water production wells. All wells are powered by electric motors ranging from 175 hp to 500 hp. The maintenance services agreement (agreement) is required to service these motors periodically at the City’s request. These services include but are not limited to removal of motor, clean, dip, bake, rewind, balance, voltage testing, replace bearings, re-installation, and start-up. Additionally, the agreement is required to repair and City of Orange Page 1 of 3 Printed on 6/21/2023
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replace the pumping equipment on an as-needed basis with the same parts and components.

The City also has the need to rehabilitate the existing wells when there is a decrease in capacity, bacteriological problems, or other well production issues. The agreement is required to provide appropriate tools, equipment, materials, and personnel to successfully complete the cleaning and disinfection of the wells.

Through the agreement, the selected company will have to mobilize in less than 72 hours upon notification from City staff and perform the work as requested by the City. The quick response required of agreement will minimize the down time for the City water production wells, reduce the cost of having to purchase imported water, and ensure the reliability of the local water supply.

The RFP was made available to companies on April 27, 2023. Information about the project was available on the City’s website. Proposals were received from the following companies on the proposal due date of May 18, 2023:
· General Pump Company
· Layne Christensen Company
Three City staff members reviewed the proposals. The following selection criteria was listed in the RFP and used by the selection committee to evaluate the proposals:
· Qualifications and experience of the project manager and other key individuals (25 points). · Capability to perform necessary tasks, resolve problems, warranty, safety records, timeliness of repairs, and maintain a full-service shop with all necessary equipment required for well rehabilitation and treatment projects (25 points).
· Relevant experience with similar projects (15 points). · Quality of proposal including compliance with proposal requirements and ability of firm to supply correct parts (25 points).
· Rationality of firm’s fee schedule (10 points).

In accordance with the above listed selection criteria, companies are ranked as follows:

1. General Pump Company 289 points out of 300

2. Layne Christensen Company 266 points out of 300
General Pump Company’s proposal was well written, responded directly to the RFP requirements, and indicates a solid ability to perform the scope of work. General Pump Company has a long list of highly qualified technical and support personnel, many with over 25 years of experience. They maintain a full-service machine shop with many rigs, cranes, and service trucks ready to respond to clients. General Pump Company has the lowest published fee schedule for their service. In addition, they provide a 15% rate discount for the City of Orange. They also have extensive knowledge of the City’s equipment and worked on several other projects for the City over the past twenty years. These facts provide justification to award a three-year maintenance services agreement to General Pump Company.

The initial term of the agreement will cover three fiscal years, beginning on the date the agreement is executed and expiring on June 30, 2026, with two one-year optional extensions. Approval of the extensions will be based upon performance and will be executed by the City Manager. The cost for City of Orange Page 2 of 3 Printed on 6/21/2023
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Item #: 3.5. 6/27/2023 File #: 23-0378
extensions will be based upon performance and will be executed by the City Manager. The cost for the initial year is $475,000. Each subsequent year is subject to a formula-based consumer price index increase, with the adjustment capped at no greater than 2% for each fiscal year. Including the maximum 2% annual inflation adjustment, the initial three-year agreement is not to exceed $1,453,690.

7. ATTACHMENTS
· Rating Summation
· Maintenance Services Agreement with General Pump
City of Orange Page 3 of 3 Printed on 6/21/2023
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Agenda Item
City Council
Item #: 3.5. 6/27/2023 File #: 23-0378
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award three-year agreement to General Pump Company for maintenance and repairs to wells, pumps, and motors on an as-needed basis.

4. FISCAL IMPACT
The total cost for the first year of this maintenance services agreement in Fiscal Year 23/24 is $475,000 and will be funded through:

Well Rehabilitation (18214) $225,000
Water Fund (600) - Maintenance of Wells 250,000
Total $475,000

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

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

6. DISCUSSION AND BACKGROUND
Currently, the City’s water system consists of 12 operational water production wells. All wells are powered by electric motors ranging from 175 hp to 500 hp. The maintenance services agreement (agreement) is required to service these motors periodically at the City’s request. These services include but are not limited to removal of motor, clean, dip, bake, rewind, balance, voltage testing, replace bearings, re-installation, and start-up. Additionally, the agreement is required to repair and City of Orange Page 1 of 3 Printed on 6/21/2023
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Item #: 3.5. 6/27/2023 File #: 23-0378
replace the pumping equipment on an as-needed basis with the same parts and components.

In accordance with the above listed selection criteria, companies are ranked as follows:

1. General Pump Company 289 points out of 300

The initial term of the agreement will cover three fiscal years, beginning on the date the agreement is executed and expiring on June 30, 2026, with two one-year optional extensions. Approval of the extensions will be based upon performance and will be executed by the City Manager. The cost for City of Orange Page 2 of 3 Printed on 6/21/2023
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Item #: 3.5. 6/27/2023 File #: 23-0378
extensions will be based upon performance and will be executed by the City Manager. The cost for the initial year is $475,000. Each subsequent year is subject to a formula-based consumer price index increase, with the adjustment capped at no greater than 2% for each fiscal year. Including the maximum 2% annual inflation adjustment, the initial three-year agreement is not to exceed $1,453,690.

7. ATTACHMENTS
· Rating Summation
· Maintenance Services Agreement with General Pump
City of Orange Page 3 of 3 Printed on 6/21/2023
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FIRM Rater
Qualifications and
Experience of
Project Manager
and Key Personnel
(25 points)
Capability and
Availability to
Perform Req' Tasks
(25 points)
Relevant Experience
with Well Rehab.

Projects
(15 points)
Quality of
Proposal/Order &
progress of work
(25 points)
Rationality of
Firm's Fee
Schedule
(10 points)
Total
(100 pts) Rank
General Pump Co. 1 24 24 15 23 10 96 1
2 25 25 15 20 10 95
3 25 25 15 23 10 98
289
Layne Christensen Co. 1 22 22 13 21 9 87 2
2 20 20 15 20 8 83
3 25 23 15 25 8 96
266
RFP was advertised on City's website from April 27 - May 18, 2023.

RATING SUMMATION - WELL MAINTENANCE AND REPAIRS (PROPOSAL No. 22-23.40) N:\Water\Engineering\Projects\_Wells\Maintenance\FY 23-24 to FY 27-28\Proposal Evaluation\Rating Summary for Well Maintenance and Repairs RFP 122

MAINTENANCE SERVICES AGREEMENT
[Maintenance and Repair Services for Wells]
THIS MAINTENANCE SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of ______________________, 2023 by and between the CITY OF ORANGE, a municipal corporation (“City”) and GENERAL PUMP COMPANY, INC., a California corporation (“Contractor”), who agree as follows.

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

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

Unless and until otherwise notified in writing by City’s Public Works Director, City’s Senior Civil Engineer, Tuan Cao (“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. Total Compensation, Annual Compensation and Fee Schedule. a. Contractor’s total compensation for all services performed under this Agreement, shall not exceed ONE MILLION FOUR HUNDRED FIFTY-THREE THOUSAND SIX HUNDRED NINETY DOLLARS and 00/100 ($1,453,690.00), without the prior written authorization of City. The compensation for services performed under this Agreement shall be paid as specified in Exhibit “B,” which is attached hereto and incorporated herein by this reference. b. The above fee shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto and equipment rental, and all related expenses.

3. Payment.
a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
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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.

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

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

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

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

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

10. Term.
a. The Term of this Agreement is three (3) fiscal years, commencing on July 1, 2023 and expiring on June 30, 2026 (the “Expiration Date”); provided, however, that City has the right to extend the term of this Contract for the following extensions and upon the following terms:
• First Extension (the “First Extension Term”) commencing July 1, 2026, and terminating June 30, 2027, in an annual amount not to exceed FIVE HUNDRED FOUR THOUSAND SEVENTY-THREE DOLLARS and 80/100 ($504,073.80) without the prior written authorization of City;
• Second Extension (the “Second Extension Term”) commencing July 1, 2027, and terminating June 30, 2028, in an annual amount not to exceed FIVE HUNDRED FOURTEEN THOUSAND ONE HUNDRED FIFTY-FIVE DOLLARS and 28/100 ($514,155.28) without the prior written authorization of City. b. The City Manager is hereby authorized on behalf of the City to give written notice to the Contractor of the City’s intention to exercise each Extension (if at all) no later than thirty (30) days prior to the end of the Expiration Date or the then expiring Extension; provided, however, that the City’s notice of its intention to extend the term of the Agreement for each Extension shall be expressly conditioned upon and subject to the approval by the City Council, in its sole and absolute discretion, of an amount sufficient to pay the compensation set forth herein for each Extension as part of its annual budget approval process prior to the beginning of each Extension. While the parties acknowledge that the City is required to give its notice of intention to extend the term of the Agreement not later than thirty (30) days prior to the date that the initial term or then current Extension would otherwise end, it is possible that the City Council’s approval of its annual budget and appropriation of funds for the Extension in question may occur thereafter. Accordingly, if the City Council fails to approve and appropriate funds sufficient to pay the amount of compensation set forth herein for an Extension, the Agreement shall terminate and be of no further force and effect as of the expiration of the initial term or the then current Extension. Moreover, in the event the City gives the Agreement written notice exercising an Extension and the City Council fails to appropriate funds sufficient to pay the amount of compensation for the Extension in question after the Contractor has performed services under the Extension, the Contractor will be equitably compensated for all services performed under any portion of an Extension through the date of termination of the Agreement. c. Any Extension, if properly exercised, shall be memorialized in the form of an amendment to this Agreement. The City Manager is hereby authorized to approve and execute amendments to this Agreement reflecting the exercise of each Extension and the amount of compensation (including the amount of funds to be made available for additional work or services) payable to Contractor for each respective Extension.
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4 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 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. 126
5 16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code.

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

18. Insurance.
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.
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6 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, nonowned and hired vehicles and be written on an occurrence basis. d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement. e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Agreement.
f. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy. Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above. g. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.
h. All insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. i. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City. In 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. 128
7 j. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance. k. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.

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

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

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

21. Compliance with Laws/Background.
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement. b. The work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers and shall comply with all statutory requirements thereunder. Statutory provisions for penalties for failure to comply with prevailing wage laws will be enforced. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR).

Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring. 129
8 c. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and (2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and
(3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and (4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration. d. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.
e. Contractor shall require all subcontractors to make the same representations and warranties as set forth herein.
f. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City. g. All personnel performing any services to City under this Contract shall possess sufficient experience and security records to perform the work at public facilities. Contractor shall conduct and complete, to City’s satisfaction, sufficient background checks to ensure no personnel performing services under this Contract is listed on the National Sex Offender Public Registry (“NSOPR”). Contractor shall monitor personnel security records to ensure no existing or new employees performing services under this Contract are added to the NSOPR or convicted of any crimes that would disqualify them from adhering to conduct conducive to public safety. h. All costs associated with the documentation and verification required herein shall be borne by Contractor. Contractor shall require all subcontractors to provide the same documentation and verification when hired to perform services under this Contract. City has the right, 130
9 in its sole and absolute discretion, to reject any employee of Contractor assigned to perform services for City, with or without cause, at the time of such assignment or at any time thereafter, and Contractor shall remove that employee from providing services to City to the extent permitted by law and any applicable collective bargaining agreement. City’s rights under this Article shall not be exercised in an arbitrary or capricious manner, or with the intent of forcing a termination of this Contract. i. Contractor agrees to indemnify and hold City, its officials, and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.

24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within 3 days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
General Pump Company, Inc. City of Orange
159 N. Acacia Street 300 E. Chapman Avenue
San Dimas, CA 91773 Orange, CA 92866-1591
Attn: Peter H. Brooks Attn: Jose M. Diaz
Telephone: (909) 599-9606 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.
131
10 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.
“CONTRACTOR” “CITY”
GENERAL PUMP COMPANY, INC. CITY OF ORANGE, a municipal corporation *By: By:

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

Printed Name:

Title:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

Nathalie Adourian
Senior Assistant City Attorney
*NOTE: The City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. √
132
EXHIBIT “A”

SCOPE OF SERVICES
[Beneath this sheet.]
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
EXHIBIT “B”

COMPENSATION FOR SERVICES
[Beneath this sheet.]
159
160
161
Agenda Item
City Council
Item #: 3.6. 6/27/2023 File #: 23-0190
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Appropriation of $128,779.95 in designated Public Safety Realignment/Assembly Bill 109 funding received from the County of Orange.

2. SUMMARY
Appropriation of $128,779.95 in funding from the County of Orange to assist the Orange County Probation Department with case management of adult felon offenders during Fiscal Year 2022-2023.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget an $128,779.95 deposit from the County of Orange, into revenue account number 100.4031.45495.20159, Other Grant Revenue-Post Release Community Supervision.

2. Authorize the appropriation of $128,779.95 into expenditure account number 100.4031.50221.20159, Overtime - Post Release Community Supervision.

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

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

6. DISCUSSION AND BACKGROUND
In 2011, the Public Safety Realignment Act/Assembly Bill 109 (AB109) transferred the responsibility for managing and supervising adult felon offenders from the California Department of Corrections and Rehabilitation to each county under the Post Release Community Supervision (PRCS) program.

AB109 helps mitigate the impact of longer sentences and is an alternative frequently used to transition inmates back into the community. Inmates eligible for release to local jurisdictions for supervision under PRCS must be:
· Currently incarcerated for non-violent and non-serious offenses · Released on parole and non-revocable parole
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Item #: 3.6. 6/27/2023 File #: 23-0190
· Are not high-risk sex offenders
The Police Department is working closely with Orange County Probation to help manage these offenders by conducting scheduled sweeps. The allocation amount of $128,779.95 to the City of Orange Police Department provides funding for public safety services during Fiscal Year 2022-2023.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.6. 6/27/2023 File #: 23-0190
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Appropriation of $128,779.95 in designated Public Safety Realignment/Assembly Bill 109 funding received from the County of Orange.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget an $128,779.95 deposit from the County of Orange, into revenue account number 100.4031.45495.20159, Other Grant Revenue-Post Release Community Supervision.

2. Authorize the appropriation of $128,779.95 into expenditure account number 100.4031.50221.20159, Overtime - Post Release Community Supervision.

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

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

AB109 helps mitigate the impact of longer sentences and is an alternative frequently used to transition inmates back into the community. Inmates eligible for release to local jurisdictions for supervision under PRCS must be:
· Currently incarcerated for non-violent and non-serious offenses · Released on parole and non-revocable parole
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Item #: 3.6. 6/27/2023 File #: 23-0190
· Are not high-risk sex offenders
The Police Department is working closely with Orange County Probation to help manage these offenders by conducting scheduled sweeps. The allocation amount of $128,779.95 to the City of Orange Police Department provides funding for public safety services during Fiscal Year 2022-2023.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.7. 6/27/2023 File #: 23-0410
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 PALP, Inc., dba Excel Paving Company for Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement project; Bid No. 22-23.42.

2. SUMMARY
Bids for the Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement project (D-179) were received and opened on June 8, 2023. Two bidders responded to the notice inviting bids. The apparent low bidder is Palp, Inc. dba Excel Paving Company of Long Beach, California in the amount of $683,275.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The total expenditure for this project is $751,603 and will be funded in “Chapman Ave Bioclean Installation” (30163) through:

Sanitation and Sewer (220) $442,800
Reimbursable Capital Projects (550) 308,803
Total $751,603

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

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

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Item #: 3.7. 6/27/2023 File #: 23-0410

6. DISCUSSION AND BACKGROUND
The City Council previously approved advertisement of bids for Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement Project on April 25, 2023. Part of the funding for this project is from the Environmental Cleanup Tier 1 Grant Program managed by the Orange County Transit Authority (OCTA). Bid solicitation was advertised on May 11, 2023 for a period of four weeks and bids were opened on June 8, 2023. Two bids were received as follows:

1. Palp Inc., dba Excel Paving Co, Long Beach $683,275

2. GRBCON, Inc., Baldwin Park $988,888
The low bid is about 23.7% higher than the Engineer’s Estimate of $552,200. When the City was awarded funds by OCTA in the Fall of 2020, the cost of construction materials and labor were much lower. In the past three years, there has been an escalation of construction costs. The bids received are reflective of current construction market conditions. Staff checked the references and qualifications for Palp, Inc. dba Excel Paving 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 Palp, Inc. dba Excel Paving Company be awarded the contract in the amount of $751,603, representing an original amount of $683,275 plus a 10% contingency of $68,328, for Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement project.

The project collects drainage from a total of 196 acres composed of commercial, manufacturing, industrial, bus stop locations, multi-family homes, and single-family residences of Orange. These areas combine to generate potentially significant amounts of leaves, trash, and other debris. The City has looked at various options to control trash and debris. Through the Orange Municipal Code, the City can enforce sections related to littering and nuisances and its weekly street sweeping program picks up a large amount of trash and debris. However, anything not collected by the street sweepers has the potential to enter the storm drain system and impact the downstream water bodies. The proposed Debris Separating Baffle Box (DSBB) helps address this deficiency by capturing trash and debris and other gross pollutants via its trash screens, sediment chambers, and the use of an oil skimmer and hydrocarbon boom filters. The DSBB will be placed on Chapman Avenue approximately 100 feet west of Eckhoff Street. The proposed connector pipe screens (CPS) units also help solve this deficiency by capturing trash and debris and other pollutants within each catch basin. The CPS will be installed in 11 catch basins on Chapman Avenue, Katella Avenue, Main Street, and Brian Street.

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

7. ATTACHMENTS
· Bid Abstract
· Location Maps
· Contract with Palp, Inc. dba Excel Paving Company
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Agenda Item
City Council
Item #: 3.7. 6/27/2023 File #: 23-0410
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 PALP, Inc., dba Excel Paving Company for Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement project; Bid No. 22-23.42.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The total expenditure for this project is $751,603 and will be funded in “Chapman Ave Bioclean Installation” (30163) through:

Sanitation and Sewer (220) $442,800
Reimbursable Capital Projects (550) 308,803
Total $751,603

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

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

City of Orange Page 1 of 2 Printed on 6/21/2023
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Item #: 3.7. 6/27/2023 File #: 23-0410

1. Palp Inc., dba Excel Paving Co, Long Beach $683,275

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

7. ATTACHMENTS
· Bid Abstract
· Location Maps
· Contract with Palp, Inc. dba Excel Paving Company
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City of Orange: Summary of Bid Abstracts for:
1 2
Bid No. 22-23.42; Project No. D-179
Date of Bid Opening: 6/8/2023
Tel. No. (562) 599-5841 Tel. No. (626) 699-2380
NO. DESCRIPTION OF WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Furnish and Install Hydrodynamic
Separator (Contech DSBB-10-20-108).

Inclusive of Sawcut, Pavement
Restoration, Aggregate Base, Striping
Restoration, Trench Repair Per City of
Orange Std. 125, 327, Breaking Into and
Removal of Existing Storm Drain, Storm
Drain Pipe Replacement, and Retooling
Upstream and Downstream Joints
LS 1 $ 385,000.00 $385,000.00 $488,575.00 $488,575.00 $550,099.00 $550,099.00 2 Furnish and Install 42 inch Precast
Reinforced Concrete Pipe with Bedding
Class III per City of Orange Std. 327
70 LF $ 1,100.00 $77,000.00 $950.00 $66,500.00 $2,400.00 $168,000.00 3 Construct Junction Structure Type III Per
City Std 315 with Pressure
Manhole Per SPPWC Std No 328-2 and
211-2
EA 1 $ 33,000.00 $33,000.00 $52,000.00 $52,000.00 $102,238.00 $102,238.00 4 Construct Modified Junction Structure
Type III Per City Std 315 with Pressure
Manhole Per SPPWC Std No 328-2 and
211-2
EA 1 $ 33,000.00 $33,000.00 $52,000.00 $52,000.00 $105,576.00 $105,576.00 5 Furnish and Install Connector Pipe Screen
Units (Advanced Drainage Systems) with
Protective Bypass Lid at Various
Locations per Plan.
11 EA $ 2,200.00 $24,200.00 $2,200.00 $24,200.00 $5,725.00 $62,975.00 Grand Total $552,200.00 $683,275.00 $988,888.00

SEWER LINE REPLACEMENT / MAINTENANCE

ENGINEER'S ESTIMATE
Chapman Avenue, Main Street, and Katella Avenue Water
Quality Storm Drain Improvement Project
PALP., dba Excel Paving
Company
GRBCON Incorporated

Page 1 of 1 ends

Exhibit 1 - CDS BMP 2020
West of Eckhoff Street
Drainage Area =196 Ac
3000 ft
N
➤
© 2020 Google
© 2020 Google
171
Exhibit 2A - CPS BMP 2020
Various Locations
Drainage Area =68.9 Ac
1000 ft
N
➤
© 2020 Google
© 2020 Google
172
Exhibit 2B - CPS BMP 2020
Various Locations
Drainage Area =29.1 Ac
1000 ft
N
➤
© 2020 Google
© 2020 Google
173

CONTRACT
[Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement Project (Bid No. 22-23.42, D-179)] 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 PALP, INC., a California corporation DBA EXCEL PAVING COMPANY (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed
a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two (2) bonds presented to City with this Contract and incorporated herein by this reference, Contractor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in good workmanship and substantial manner the work (the “Work”) described in:
(1) The Construction Plans for Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement (Drawing D-179) prepared for City by Martin Varona, approved by the “Engineer” (as defined herein below) on May 10th, 2023, and consisting of sheets numbered 1 through 3, 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 174
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 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 Randy Nguyen, Principal Civil Engineer (“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 ten (10) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the 175
3 Work within forty five (45) 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 SIX HUNDRED EIGHTY-THREE THOUSAND TWO HUNDRED SEVENTY-FIVE DOLLARS and 00/100 ($683,275.00) unless said amount is amended by Contract Change Order approved by the City as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them.

Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.
b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of SIXTY-EIGHT THOUSAND THREE HUNDRED TWENTY-SEVEN DOLLARS and 50/100 ($68,327.50) has been added to the total compensation of this Contract. The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such Work or services.
c. The total amount of compensation under this Contract, including contingencies, shall not exceed SEVEN HUNDRED FIFTY-ONE THOUSAND SIX HUNDRED TWO DOLLARS and 50/100 ($751,602.50).

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 176
4 Contract and that Contractor and subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Contract.

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

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

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 177
5 cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas.
b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the office of City’s Director of Public Works. Contractor hereby acknowledges that it has read, reviewed and understands the Permit, the DAMP and the Model Maintenance Procedures, as they relate to the Work and hereby shall perform the Work in conformance therewith.

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

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

To the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers. The 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.
178
6 b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions. c. Contractor shall secure the payment of compensation to its employees in accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
d. Contractor shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increased costs” (including reasonable attorney’s fees, court and litigation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the Work which is the subject of this Contract, Contractor shall bear all risks of payment or non-payment of state prevailing wages. “Increased costs” as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time. The foregoing indemnity shall survive termination of this Contract.

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

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

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

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

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 180
8 with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract.
b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.
(1) General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the general aggregate
limit shall be twice the required
occurrence limit.
(2) Automobile Liability $1,000,000 per accident for bodily injury and property damage.
(3) Workers’ Compensation as required by the State of California. (4) Employer’s Liability $1,000,000 per accident for bodily injury or disease. c. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. d. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or 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 181
9 of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall apply to City as an additional insured.
(2) For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance with respect to City, its officers, officials, agents and employees. Any insurance or self-insurance maintained by City, its officers, officials, agents and employees shall be excess of Contractor’s insurance and shall not contribute with it. (3) Coverage shall not be canceled, except after thirty (30) days’ prior written notice has been provided to City.
f. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Article 12. The endorsements shall be on forms acceptable to City. All certificates and endorsements are to be received and approved by City before the Work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
g. All insurance procured and maintained by Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. h. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Contract unless otherwise directed by City. In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom by way of set-off from any sums owed Contractor. i. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.

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

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. 182
10 Upon receipt of notice, Contractor shall immediately cease work, unless the notice provides otherwise. Should City terminate this Contract, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Contract, unless such termination shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

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

ARTICLE 15
Compliance with Laws
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by Contractor or any subcontractor hereunder.
b. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Contract comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and (2) Has not and will not knowingly employ any individual to perform services under this Contract who is ineligible to work in the United States or under the terms of this Contract; and
(3) Has properly maintained, and shall at all times during the term of this Contract properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and
(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. 183
11 c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services under this Contract.
d. Contractor shall, upon request of City, provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract. e. If Contractor, or a subcontractor or subconsultant, knowingly employs an employee providing Work under this Contract who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, such shall constitute a material breach of this Contract and may be cause for immediate termination of this Contract by City.
f. Contractor shall indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor’s failure to comply with said laws, rules and regulations in connection with the performance of this Contract.

ARTICLE 16
Governing Law and Venue
This Contract shall be construed in accordance with and governed by the laws of the State of California and Contractor shall submit to the jurisdiction of California courts. Venue for any dispute arising under this Contract shall be in Orange County, California.

ARTICLE 17
Integration and Amendment
a. This Contract constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the Work to be performed under this Contract shall be of any force or effect unless it is in writing and signed by both parties. Any Work performed which is inconsistent with or in violation of the provisions of this Contract shall not be compensated. b. Amendments to this Contract must be in writing and signed by both parties. The City Manager is authorized to execute amendments to this Contract up to the amounts specified in Chapter 3.08 of the Orange Municipal Code.

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 184
12 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”
PALP Inc. dba Excel Paving Company City of Orange
2230 Lemon Avenue 300 E. Chapman Avenue
Long Beach, CA 90806 Orange, CA 92866-1591
Attn: Curtis P. Brown III Attn: Randy Nguyen
Telephone: 562-599-5841 Telephone: 714-744-5531
E-Mail: [email protected] E-Mail: [email protected] ARTICLE 19
Claim Resolution
City and Contractor agree that the claim resolution process applicable to any claim by Contractor in connection with the Work provided herein shall be subject to the procedures set forth in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and incorporated herein by this reference.

ARTICLE 20
Counterparts
This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures. [Remainder of page intentionally left blank; signatures on next page] 185
13 “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”
PALP, INC., a California corporation dba EXCEL

PAVING COMPANY
[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:
√
186
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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. 188
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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) 189
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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. 190
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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 192
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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. 193
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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. 194
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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 195
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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 196
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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 198
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the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement.

Section 1815. Overtime
Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
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Orange City CouncilJune 27, 2023

Orange City Council
June 27, 2023