Agenda packet — Orange City Council, July 11, 2023 (part 2 of 3)

205

55 Freeway

Chapman
Off-ramp

Santiago Creek
Debris and Brush Clearance: Zones 2-4

Zone 2:1.24 ac

Zone 3: 1.47 ac

Zone 4: 1.51 ac

Santiago Creek Zone Map 3
Area 5

Attachment 1 - Location Zone Map

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Yorba
Park
206

Santiago Creek
Debris and Brush Clearance: Zone 5

Zone 5: 1.72 ac Glassell St.

22 Freeway

Attachment 1 - Location Zone Map

Page 3 of 4 ends

207

Santiago Creek
Debris and Brush Clearance: Zone 6

Area 6: 4 ac

E. Lake Dr.

Attachment 1 - Location Zone Map

Page 4 of 4 ends

Cambridge St.
208
AGR-6987.2_____

SECOND AMENDMENT
TO

MAINTENANCE SERVICES AGREEMENT
[Landscape Maintenance Services for City Facilities and Rights of Way]

THIS SECOND AMENDMENT TO MAINTENANCE 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 NIEVES LANDSCAPE INC., a California corporation (“Contractor”), with reference to the following:

A. City and Contractor entered into a Maintenance Services Agreement (Agreement No. 6987) dated June 9, 2020, which is incorporated herein by this reference (the “Original Agreement”); and

B. City and Contractor amended the Original Agreement to revise the Scope of S ervices and increase the compensation by a First Amendment to Maintenance Services Agreement (Agreement No. 6987.1) dated April 20, 2023, 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 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. Additional Scope of Services. The Scope of Services, Section 1, Exhibit A of the Original Agreement, is hereby amended and supplemented to include the additional services described on Exhibit A attached hereto and incorporated herein by this reference.

Section 4. Compensation. The total not -to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by SIXTY THOUSAND DOLLARS and 00/100 ($60,000.00) and Section 2.a is hereby amended in its entirety to read as follow:

“Contractor’s total compensation for all services performed under this Agreement, shall not exceed ONE MILLION THREE HUNDRED THIRTY- ONE THOUSAND FIVE HUNDRED SEVENTY- SIX DOLLARS and
11/100 ($1,331,576.11) without the prior written authorization of City” 209
2 Section 5. Integration. This Second Amendment, the agreements specifically referred to herein, and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect to the subject matter hereof. This Second Amendment amends, as set forth herein, the Original Agreement and the First Amendment and, except as specifically amended hereby, the Original Agreement and the First Amendment shall remain in full force and effect. To the extent that there is any conflict or inconsis tency between the terms and provisions of this Second Amendment and the terms and provisions of the Original Agreement and/or the First Amendment, the terms and provisions of this Second Amendment shall control and govern the rights and obligations of the parties.

IN WITNESS of this Agreement, the parties enter into this Agreement on the year and day first above written.

“CONTRACTOR” “CITY”

NIEVES LANDSCAPE, INC. CITY OF ORANGE, a municipal corporation a California corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Melissa M. Crosthwaite,
Senior Assistant City Attorney

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

√
210

EXHIBIT “A”

SUPPLEMENTAL SCOPE OF SERVICES

[Behind this page.]

211

Alan Truong
City of Orange
300 E. Chapman Avenue
Orange, CA 92866
June 29, 2023

RE: SANTIAGO CREEK MONTHLY DEBRIS REMOVAL – Remedial Landscape Services

Dear Alan,

Nieves Landscape Inc. is pleased to submit the following updated proposal to perform monthly debris removal from Santiago Creek (see zones and acreage listed below) within the City of Orange. The scope of work and locations per the email from Alan Truong (City of Orange) dated February 8, 2023.

The proposal has been prepared per your instructions and emails. Disposal of the removed debris to be paid by the city and dumping locations to be coordinated with the city representative.

Total Labor and Equipment - ZONE 1 (Monthly Amount): $2,548.77 Total Labor and Equipment - ZONE 2 (Monthly Amount): $308.16 Total Labor and Equipment - ZONE 3 (Monthly Amount): $366.33 Total Labor and Equipment - ZONE 4 (Monthly Amount): $374.80 Total Labor and Equipment - ZONE 5 (Monthly Amount): $488.22 Total Labor and Equipment - ZONE 6 (Monthly Amount): $913.72

This bid is based on landscape maintenance prevailing wage rates. Exclusion: any forms of trimming of plant materials, removal of illegally dumped materials/ items, removal of hazardous materials. This proposal shall be valid for a period of (30) days from the date of this proposal. If you have any questions or need additional information, please call us at (714) 641-3071 or email [email protected]. If you decide to proceed with this proposal, please sign and return for prompt scheduling.

Sincerely,
Joshua Cho
Business Development

Approved:
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Agenda Item
City Council
Item #: 3.8. 7/11/2023 File #: 23-0436
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $28,798.75 in designated continuing education funding received from the Rancho Santiago Community College District.

2. SUMMARY
Rancho Santiago Community College District partners with the Orange City Fire Department to provide reimbursement for mandatory training hours performed by staff. Staff is requesting acceptance of $28,798.75 in revenue and its appropriation into the Fiscal Year 2022-2023 budget.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $28,798.75 in continuing education funds from Rancho Santiago Community College District into revenue account number 100.3023.48210.20234, General Fund - Santa Ana College Fire Training.

2. Authorize the appropriation of $28,798.75 into expenditure account number 100.3023.51840.20234, General Fund - Santa Ana College Fire Training.

4. FISCAL IMPACT
The total appropriation for this reimbursement is funded by the additional revenue received from the Rancho Santiago Community College District.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a. Analyze future fiscal needs and potential revenue opportunities.

6. DISCUSSION AND BACKGROUND
The Orange City Fire Department (Fire) safety personnel are required to attend a minimum of 20 hours of training per month. Training is directed either by outside subject matter experts, or by Orange City Fire Captains who have obtained 1A or 1B certification.

Rancho Santiago Community College District, Santa Ana College (College), receives state funds to administer this training and can redirect a portion of the funds to fire departments that enroll their personnel as students at the College. Fire is a party to an agreement whereby the College pays the Department $3.50 per firefighter for each hour of training the firefighter attends. Such funds may be used for Fire Department training expenses and other operational needs.

Training curriculum sponsored by the College is chosen based on the guidelines set forth by the California Community Colleges Chancellor’s Office (CCCCO). Curriculum is divided into several City of Orange Printed on 7/6/2023Page 1 of 2
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California Community Colleges Chancellor’s Office (CCCCO). Curriculum is divided into several different courses that are required by Cal-OSHA and designed for large group instruction. The Fire Department utilizes subject matter experts to conduct the training to address the required material.

Training hours are recorded, and the total number of hours are then calculated each semester by the Fire Department’s Training Captain and submitted as an invoice to the College.

Funds received from the College give the Fire Department the ability to pay for outside instructors when the department does not have a subject matter expert for required training. They also fund improved training aids, books, materials, and equipment, as well as assisting with other operational needs beyond the Fire Department’s available fiscal year budget.

The Fire Department recently received a check for $28,798.75 from Rancho Santiago Community College District, which needs to be appropriated into the Fire Department’s budget.

7. ATTACHMENTS
· Standard Inter-Agency Instructional Services Agreement City of Orange Printed on 7/6/2023Page 2 of 2
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Agenda Item
City Council
Item #: 3.8. 7/11/2023 File #: 23-0436
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $28,798.75 in designated continuing education funding received from the Rancho Santiago Community College District.

3. RECOMMENDED ACTION

2. Authorize the appropriation of $28,798.75 into expenditure account number 100.3023.51840.20234, General Fund - Santa Ana College Fire Training.

4. FISCAL IMPACT
The total appropriation for this reimbursement is funded by the additional revenue received from the Rancho Santiago Community College District.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a. Analyze future fiscal needs and potential revenue opportunities.

Training curriculum sponsored by the College is chosen based on the guidelines set forth by the California Community Colleges Chancellor’s Office (CCCCO). Curriculum is divided into several City of Orange Printed on 7/6/2023Page 1 of 2
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Item #: 3.8. 7/11/2023 File #: 23-0436
California Community Colleges Chancellor’s Office (CCCCO). Curriculum is divided into several different courses that are required by Cal-OSHA and designed for large group instruction. The Fire Department utilizes subject matter experts to conduct the training to address the required material.

Training hours are recorded, and the total number of hours are then calculated each semester by the Fire Department’s Training Captain and submitted as an invoice to the College.

The Fire Department recently received a check for $28,798.75 from Rancho Santiago Community College District, which needs to be appropriated into the Fire Department’s budget.

7. ATTACHMENTS
· Standard Inter-Agency Instructional Services Agreement City of Orange Printed on 7/6/2023Page 2 of 2
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Agenda Item
City Council
Item #: 3.9. 7/11/2023 File #: 23-0447
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Appropriation of $10,000.00 in revenue from community partnership donations.

2. SUMMARY
Collected revenues are recommended to be appropriated for 2023 City Special Events.

3. RECOMMENDED ACTION

1. Accept into the City’s Fiscal Year 2022-2023 revenue budget $10,000 in community partnership donations into account 100.7015.48390.20530, General Fund - Donations - Special Events 2023 Season.

2. Authorize the appropriation of $10,000 in the following Fiscal Year 2022-2023 expenditure account number 100.1015.51355.20530, General Fund - Special Events 2023 Season.

3. Authorize the carryover of the Fiscal Year 2022-2023 General Fund account balances for the following accounts to Fiscal Year 2023-2024:
$45,534 100.1015.51355.20530 - Special Events 2023 Season $10,000 100.7015.53380.20530 - Other Recreation Supplies

4. FISCAL IMPACT
The revenue received funds the requested appropriation.

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

6. DISCUSSION AND BACKGROUND
Community Partnership Donation
The City’s annual Community Partnership Program solicits donations to support Citywide special events. The City’sdonation policy states that single donations greater than $10,000 may only be accepted and appropriated by the City Council. Chapman University became an “Orange Tree” City of Orange Printed on 7/6/2023Page 1 of 2
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accepted and appropriated by the City Council. Chapman University became an “Orange Tree” partner for the 2023 Special Event Season and donated $10,000. Staff is requesting this donation be accepted and appropriated to help cover the cost of the City’s annual special events.

The City received this revenue in Fiscal Year 2022-2023 (FY 23) following the finalization of the Fiscal Year 2023-2024 (FY 24) Operating Budget; as such, staff is recommending that the City Council accept and appropriate this revenue into the FY 23 Operating Budget.

Additionally, the City received several donations in the amount of $5,000 or less, totaling $45,534, and in accordance with the City’sdonation policy, appropriated the revenue into the corresponding 2023 Special Events expenditure accounts. The City Council’sadoption of the FY24 operating budget on June 27, 2023, did not include carrying over the balances in these accounts to the new Fiscal Year. Therefore, staff is recommending that the City Council authorize the carryover of FY23 Special Events 2023 Season account balances to FY24 to ensure the community partnership donations are applied to remaining Calendar Year 2023 special events.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.9. 7/11/2023 File #: 23-0447
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Appropriation of $10,000.00 in revenue from community partnership donations.

2. SUMMARY
Collected revenues are recommended to be appropriated for 2023 City Special Events.

3. RECOMMENDED ACTION

1. Accept into the City’s Fiscal Year 2022-2023 revenue budget $10,000 in community partnership donations into account 100.7015.48390.20530, General Fund - Donations - Special Events 2023 Season.

2. Authorize the appropriation of $10,000 in the following Fiscal Year 2022-2023 expenditure account number 100.1015.51355.20530, General Fund - Special Events 2023 Season.

4. FISCAL IMPACT
The revenue received funds the requested appropriation.

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

6. DISCUSSION AND BACKGROUND
Community Partnership Donation
The City’s annual Community Partnership Program solicits donations to support Citywide special events. The City’sdonation policy states that single donations greater than $10,000 may only be accepted and appropriated by the City Council. Chapman University became an “Orange Tree” City of Orange Printed on 7/6/2023Page 1 of 2
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Item #: 3.9. 7/11/2023 File #: 23-0447
accepted and appropriated by the City Council. Chapman University became an “Orange Tree” partner for the 2023 Special Event Season and donated $10,000. Staff is requesting this donation be accepted and appropriated to help cover the cost of the City’s annual special events.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.10. 7/11/2023 File #: 23-0453
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specification for the Annual Traffic Striping, Pavement Markings, and Raised Pavement Markers Installation project; authorization to advertise for bids; and finding of CEQA exemption.

2. SUMMARY
Plans and specifications for the Annual Traffic Striping, Pavement Markings, and Raised Pavement Markers Installation project have been completed, and the project is ready to be advertised for bids.

The total estimated annual cost is $140,000.

3. RECOMMENDED ACTION
Approve plans and specification and authorize advertising for Bid No. 23-24.01.

4. FISCAL IMPACT
The estimated total expenditure for this project is $140,000 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 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
Each year, the City contracts out the maintenance of traffic and roadway markings. This work includes, but is not limited to, refurbishing and installing lane lines, centerlines, speed limit markings, bike lanes, STOP legends, crosswalks, and reflective pavement markings throughout the City.

This program ensures the City’sroadway markings are continually refurbished before the end of their serviceable life; allows staff to make roadway striping adjustments in response to changes in traffic patterns; and facilitates quick responses to resident requests that involve changes in pavement markings.

The current contract with BC Striping was approved by City Council in 2019 and expired on June 30, 2023. This bid and later award process will continue to provide these services and ensure pavement City of Orange Printed on 7/6/2023Page 1 of 2
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2023. This bid and later award process will continue to provide these services and ensure pavement markings are adequately maintained.

To reduce administrative efforts of annual contract amendments, staff proposes to bid the project for a three-year term, with one optional two-year extension, contingent upon contractor performance.

The initial bid requests an estimated annual cost to remain fixed during the entire term.

Renegotiation of the amount and unit prices may be initiated by the City or the contractor if and when the contract is extended.

An appropriation of $140,000 has been budgeted in FY 2023-24 for these services. Any required increase will be requested during the budget development process for each respective fiscal year.

Once bids are opened and actual costs are known, staff will return to the City Council with a recommendation to award the contract to the lowest responsive and responsible bidder within the City’s approved funding amount.

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

7. ENVIRONMENTAL REVIEW
Categorical Exemption: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15308 “Existing Facilities” Class 1 (c). No public review is required.

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

8. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.10. 7/11/2023 File #: 23-0453
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

The total estimated annual cost is $140,000.

3. RECOMMENDED ACTION
Approve plans and specification and authorize advertising for Bid No. 23-24.01.

4. FISCAL IMPACT
The estimated total expenditure for this project is $140,000 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 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

The current contract with BC Striping was approved by City Council in 2019 and expired on June 30, 2023. This bid and later award process will continue to provide these services and ensure pavement City of Orange Printed on 7/6/2023Page 1 of 2
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Item #: 3.10. 7/11/2023 File #: 23-0453
2023. This bid and later award process will continue to provide these services and ensure pavement markings are adequately maintained.

To reduce administrative efforts of annual contract amendments, staff proposes to bid the project for a three-year term, with one optional two-year extension, contingent upon contractor performance.

The initial bid requests an estimated annual cost to remain fixed during the entire term.

Renegotiation of the amount and unit prices may be initiated by the City or the contractor if and when the contract is extended.

An appropriation of $140,000 has been budgeted in FY 2023-24 for these services. Any required increase will be requested during the budget development process for each respective fiscal year.

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

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

8. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.11. 7/11/2023 File #: 23-0444
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mary E. Binning, City Attorney

1. SUBJECT
Claims for Damages.

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

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

1. Gordon Fraser

2. Alicia Diaz

3. Joseph Lawrence Baca

4. Viola Mounir Bishara Yacoub

5. Beata Russo

6. Jane Park

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND

1. Claim for damages from Gordon Fraser alleging property damage to vehicle tires when Claimant drove over an uneven road.

2. Claim for damages from Alicia Diaz alleging property damage to vehicle tire when Claimant drove through a pothole.

3. Claim for damages from Joseph Lawrence Baca alleging property damage to motorcycle when Claimant drove over an uneven road.

4. Claim for damages from Viola Mounir Bishara Yacoub alleging lack of investigation by the City pertaining to landlord matters.

5. Claim for damages from Beata Russo alleging property damage to vehicle tires when Claimant drove through a pothole on the 55 freeway.

6. Claim for damages from Jane Park alleging property damage when an EMT responded City of Orange Printed on 7/6/2023Page 1 of 2
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to Claimant’s residence in Buena Park and damaged a coffee table.

7. ATTACHMENTS
· None.

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Agenda Item
City Council
Item #: 3.11. 7/11/2023 File #: 23-0444
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mary E. Binning, City Attorney

1. SUBJECT
Claims for Damages.

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

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

1. Gordon Fraser

2. Alicia Diaz

3. Joseph Lawrence Baca

4. Viola Mounir Bishara Yacoub

5. Beata Russo

6. Jane Park

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND

1. Claim for damages from Gordon Fraser alleging property damage to vehicle tires when Claimant drove over an uneven road.

2. Claim for damages from Alicia Diaz alleging property damage to vehicle tire when Claimant drove through a pothole.

3. Claim for damages from Joseph Lawrence Baca alleging property damage to motorcycle when Claimant drove over an uneven road.

4. Claim for damages from Viola Mounir Bishara Yacoub alleging lack of investigation by the City pertaining to landlord matters.

5. Claim for damages from Beata Russo alleging property damage to vehicle tires when Claimant drove through a pothole on the 55 freeway.

6. Claim for damages from Jane Park alleging property damage when an EMT responded City of Orange Printed on 7/6/2023Page 1 of 2
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to Claimant’s residence in Buena Park and damaged a coffee table.

7. ATTACHMENTS
· None.

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Agenda Item
City Council
Item #: 3.12. 7/11/2023 File #: 23-0433
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 U.S. Builders and Consultants Inc., for the Water Division Bin Storage Project, Bid No. 22-23.24; and finding of CEQA exemption.

2. SUMMARY
Bids for the Water Division Bin Storage Project were received and opened on June 1, 2023. The apparent low bidder is U.S. Builders and Consultants, Inc. of Irvine, CA in the amount of $ 528,400.

3. RECOMMENDED ACTION
Award the contract with U.S. Builders and Consultants, Inc. in the total amount of $581,240, representing an original amount of $528,400 plus a 10% contingency of $52,840, for the Water Division Bin Storage Project; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure, including the 10% contingency, for this project is $581,240 and will be funded in the South Water Yard Replacement (20429) through the Water Fund (600).

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

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

6. DISCUSSION AND BACKGROUND
In August 2020, the Public Works Department Water Division entered into an agreement with IDS for the design of new covered storage bins in the City’s South Water Yard as part of a larger improvement project for that facility. Currently, the existing outdoor material storage bins have no cover and are used to store materials such as asphalt, backfill material, gravel, and spoils. The covered structure is required to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. Materials are required to be covered so that any erosion run off into the storm drain system is minimized. The engineering estimate for the project construction, including 10% for contingencies, is $512,000.

The project was advertised on both April 20, 2023 and May 4, 2023. Bids were received and opened City of Orange Printed on 7/6/2023Page 1 of 2
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Item #: 3.12. 7/11/2023 File #: 23-0433
The project was advertised on both April 20, 2023 and May 4, 2023. Bids were received and opened on June 1, 2023, with five bidders responding as follows:

Rank Contractor Bid Amount

1. U.S. Builders and Consultants Inc., Irvine, CA $ 528,400

2. Vicon Enterprise, Anaheim, CA $ 855,000

3. Metro Builders & Engineers, Newport Beach, CA $ 987,297

4. MLC Constructors, Inc., Corona, CA $ 1,075,932

5. Faris Construction Company, Oceanside, CA $ 1,185,000 Staff conducted reference checks with other agencies including the City of Laguna Woods, the City of San Bernadino, and Long Beach Community College. All agencies contacted provided positive feedback and good reviews on the apparent responsive low bidder. Staff recommends that U.S.

Builders and Consultants Inc. be awarded the contract for the Water Division Bin Storage Project.

Construction is scheduled to begin in August 2023 and is expected to be completed within 180 calendar days.

7. ENVIRONMENTAL REVIEW
At the time the City awarded the agreement for architectural and design services for the project in 2020 the project was found to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15303 (Class 3 - New Construction or Conversion of Small Structures) because the project would involve the construction of a limited number of new accessory structures. The project did not trigger any exceptions of State CEQA Guidelines 15300.2 based on location, cumulative impacts, significant effects, location near a scenic highway, location on a hazardous waste site, or causing substantial adverse change to a historical resource. The project is not on an environmentally sensitive site, does not contribute to cumulative impacts, does not have a significant effect on the environment, is not near a scenic highway, is not on a hazardous waste site, and is not a historical resources site therefore an environmental public review was not required.

8. ATTACHMENTS
· Location Map
· Contract with U.S. Builders and Consultants, Inc.
· Bid Abstract
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Agenda Item
City Council
Item #: 3.12. 7/11/2023 File #: 23-0433
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 U.S. Builders and Consultants Inc., for the Water Division Bin Storage Project, Bid No. 22-23.24; and finding of CEQA exemption.

4. FISCAL IMPACT
The total expenditure, including the 10% contingency, for this project is $581,240 and will be funded in the South Water Yard Replacement (20429) through the Water Fund (600).

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

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

The project was advertised on both April 20, 2023 and May 4, 2023. Bids were received and opened City of Orange Printed on 7/6/2023Page 1 of 2
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Item #: 3.12. 7/11/2023 File #: 23-0433
The project was advertised on both April 20, 2023 and May 4, 2023. Bids were received and opened on June 1, 2023, with five bidders responding as follows:

Rank Contractor Bid Amount

1. U.S. Builders and Consultants Inc., Irvine, CA $ 528,400

2. Vicon Enterprise, Anaheim, CA $ 855,000

3. Metro Builders & Engineers, Newport Beach, CA $ 987,297

4. MLC Constructors, Inc., Corona, CA $ 1,075,932

Builders and Consultants Inc. be awarded the contract for the Water Division Bin Storage Project.

Construction is scheduled to begin in August 2023 and is expected to be completed within 180 calendar days.

8. ATTACHMENTS
· Location Map
· Contract with U.S. Builders and Consultants, Inc.
· Bid Abstract
City of Orange Printed on 7/6/2023Page 2 of 2
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LOCATION MAP
NTS

WATER DIVISION

BIN COVER
PROJECT (W-724)
N
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CONTRACT
[Water Division Bin Storage Cover (Bid No.22-23.24; W-724)]

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 U.S. BUILDERS AND CONSULTANTS INC., a California corporation (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed

a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two (2) bonds presented to City with this Contract and incorporated herein by this reference, Contrac tor 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 the Water Division Bin Storage Project (Bin No. 22-23.24; Drawing W-724) prepared for City by IDS Group Inc., approved by the “Engineer” (as defined herein below) on March 7, 2023, and consisting of sheets numbered G0.01 through S3.00A as amended per bid Addendum No.1, the 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 Specificatio ns 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 Technical Specifications.

(6) The Standard Plans; and

(7) Contractor’s Bid Proposal , which is on file with City’s Department of Public Works.

b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Greenbook and City of Orange Standard Special 244
2 Provisions and Standard Plans are on file with City’s Public Works Director and are hereby specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges that it has read, reviewed and understands the Plans, the Orange Book, the Greenbook, the Special Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of which documents shall be referred to herein collectively as the “Plans and Specifications.”

c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal Code which requires, among other things, that Contractor utilize City’s exclusive solid waste 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 Associate Civil Engineer, Ryan Visperas (“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 perform ed to the satisfaction of the Authorized City Representative or City’s Public Works Director.

f. It is expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and Contractor’s Bid Proposal, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid Proposal conflicting herewith.

ARTICLE 2
Commencement of Work

Contractor shall commence the Work provided for in this Contract within fifteen (15) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within one hundred and eighty (180) calendar days from such date, unless le gal 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.

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3 ARTICLE 3
Compensation

a. Contractor agrees to receive and accept an amount not to exceed FIVE HUNDRED TWENTY-EIGHT THOUSAND FOUR HUNDRED DOLLARS and 00/100 ($528,400.00) as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen diffic ulties 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 FIFTY-TWO THOUSAND EIGHT HUNDRED FORTY DOLLARS and 00/100 ($52,840.00) has been added to the total compensation of this Contract. The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contract or 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 FIVE HUNDRED EIGHTY -ONE THOUSAND TWO HUNDRED FORTY DOLLARS and 00/100 ($581,240.00).

ARTICLE 4
Licenses

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

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4 ARTICLE 5
Guarantees

a. Contractor guarantees the construction and installation of all Work included in the Plans and Specifications for which Contractor has been awarded this Contract.

b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty equipment, workmanship, materials furnished or methods of installations, or should said Work or any part thereof fail to function properly, as designed, due to any of the above causes within twelve (12) months after the date on which said Work is accepted by City, Contractor shall make repairs and furnish such materials and equipment as are necessary to be furnished and installed within fifteen (15) calendar days after the receipt of a demand from City.

c. Said Work will be deemed defective within the meaning of this guarantee in the event that it fails to function as originally intended either by the Plans and Specifications of this Contract or by the manufacturer(s) of the equipment incorporated into the Work.

d. In the event repairs are not made within fifteen (15) calendar days after Contractor's receipt of a demand from City, City shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand, for all expenses incurred in restoring said Work to the condition contemplated in this Contract, including the cost of any equipment or materials replaced.

e. It is understood that emergency repairs may, by necessity, be made by City.

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

ARTICLE 6
Water Quality

a. The Santa Ana Regional Water Quality Control Board (“RWQCB”) has issued National Pollutant Discharge Elimination System (“NPDES”) Permit No. R8 -2009-0030 (the “Permit”), which governs storm water and non -storm water discharges resulting from municipal activities performed by City or its contractors. In order to comply with the Permit requirements, the County of Orange has prepared a Drainage Area Management Plan (“DAMP”), containing Model Maintenance Procedures with Best Management Practices (“BMPs”) that City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry -weather urban runoff, storm water runoff, and receiving water quality. Examples include: wash water from cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas.

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5 b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the office of City’s Director of Publ ic 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 Contra ctor’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, m aterials 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 emp loyees 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, h oliday 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 o f 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 prevail ing rates of wages to all such workers . The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations ( www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed 248
6 and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions.

c. Contractor shall secure the payment of compensation to its employees in accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:

“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with suc h 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 a gainst 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 W ork 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 t o 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 appl icant 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 employm ent, 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 fo r 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 considera tion for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. 249
7 c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any Work covered by this Contract, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

ARTICLE 10
Conflicts of Interest

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

ARTICLE 11
Indemnity

Contractor shall defend, indemnify and hold harmless City and its officers, officials, agents, and employees from and against:

a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or adjacent to the real property which is the s ubject 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 offi cers, 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 d uration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract.
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8 b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.

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

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

(3) Workers’ Compensation as required by the State of California.

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

c. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract.

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

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

(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 e quipment furnished in connection with such Work or operations. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences th at 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.

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9 (2) For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance with respect to City, its officers, officials, agents and employees. Any insurance or self-insurance maintained by City, its officers, officials, agents and employees shall be excess of Contractor’s insurance and shall not contribute with it.

(3) Coverage shall not be canceled, except after thirty (30) days’ prior written notice has been provided to City.

f. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Article 12. The endorsements shall be on forms acceptable to City. All certificates and endorsements are to be received and approved by City before the Work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

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

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

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all Work performed by Contractor, its employees, agents and subcontractors. Contractor shall obtain any other endorsement that may be necessary to effect this waiver of subrogation.

j. Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein.

ARTICLE 13
Termination

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

Upon receipt of notice, Contractor shall immediately cease work, unless the notice provides otherwise. Should City terminate this Contract, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with 252
10 this Contract, unless such termination shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

ARTICLE 14
Maintenance and Inspection of Records

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

ARTICLE 15
Compliance with Laws

a. Contractor shall be knowledgeable of and comply with all local, state and federal laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by Contractor or any subcontractor hereunder.

b. Contractor represents and warrants that it:

(1) Has complied and shall at all times during the term of this Contract comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and

(2) Has not and will not knowingly employ any individual to perform services under this Contract who is ineligible to work in the United States or under the terms of this Contract; and

(3) Has properly maintained, and shall at all times during the term of this Contract properly mainta in, all related employment documentation records including, without limitation, the completion and maintenance of the Form I -9 for each of Contractor’s employees; and

(4) Has responded, and shall at all times during the term of this Contract respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I -9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.

c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services under this Contract.
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11 d. Contractor shall, upon request of City, provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor . Once such request has been made, Contractor may not change employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract.

e. If Contractor, or a subcontractor or subconsultant, knowingly employs an employee providing Work under this Contract who is not authorized to work in the Unit ed 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 regulati ons 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 juri sdiction of California courts. Venue for any dispute arising under this Contract shall be in Orange County, California.

ARTICLE 17
Integration and Amendment

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

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

ARTICLE 18
Notice

Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of 254
12 deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.

“CONTRACTOR” “CITY”

U.S. Builders and Consultants Inc. City of Orange
126 Desert Lotus 300 E. Chapman Avenue
Irvine, CA 92618 Orange, CA 92866-1591

Attn: Tamer Awad Attn: Jose Diaz, Water Manager

Telephone: (714) 317-8402 Telephone: (714) 288-2475 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 instrum ent. 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] 255
13 “CITY”

CONTRACT, BONDS AND INSURANCE
APPROVED BY:

Nathalie Adourian
Senior Assistant City Attorney

CITY OF ORANGE, a municipal corporation

By:

Daniel R. Slater
Mayor of the City of Orange

ATTEST:

Pamela Coleman, City Clerk

“CONTRACTOR”

U.S. BUILDERS AND CONSULTANTS INC.,
a California corporation

[Note: Signature of Chairman of the By:

Board, President or Vice President is Printed Name:
required] Title:

[Note: Signature of Secretary, Assistant By:

Secretary, Chief Financial Officer or Printed Name:

Assistant Treasurer is also required] Title:

√

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Attachment No. 1

Page 1 of 13 ends

ATTACHMENT NO. 1

CALIFORNIA LABOR CODE
SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815

Section 1725.5. Registration of contractors; mandatory registration; qualifications and application; fees; exempt contractors
A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1. (a) To qualify for registration under this section, a contractor shall do all of the following:
(1)(A) Register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3. (B) Beginni ng 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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Attachment No. 1

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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 renewa l 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 t o 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 w hen 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 holid ay 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. 258

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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 b e 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 subcont ract 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) 259

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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 sp ecified 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 violat ion 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 f or 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 m ail, postage prepaid to the con tractor 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. 260

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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 b e 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 age nt 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 1776 for at least three years after completion of the work.
(5) The department shall undertake those activitie s 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 o r 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 voluntari ly 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 tha n 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 262

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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 C ommissioner 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 subcontract or 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 f inal 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 t he 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 journey man, 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 17 71, 1811, and 1815 for any work performed by his or her employees on the public works project. 263

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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 provi ded 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 Labo r 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 purpo ses of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor- management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclo sure 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. 264

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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 subse quent 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 w hose 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 i nserted 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 sp ent 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 265

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apprentice agreements under Chap ter 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 perform s 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 informa tion 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 suppl ying 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 trad e 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 empl oy 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 266

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of Apprenticeship, upon application of an apprent iceship 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 stan dards, 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 apprentic e 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 perform ing 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 work s 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 a nd 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 w ere used s olely 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 registr ation 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 inserte d 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 268

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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 h ours per day at not less than 1 ½ times the basic rate of pay.
269

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ATTACHMENT NO. 2

CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204

Section 9204. Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process (Eff: January 1, 2017)

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation whol ly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect t o any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 270

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(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mai l, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharin g the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 271

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(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 272

BID ABSTRACT
Project Name: Water Division Bin Storage
Bid No: 22-23.24
Project No: W-724
Bid Opening Date: 6/1/2023 U.S. Builders and Consultants Inc. Vicon EnterpriseEngineer's Estimate Tel. No. 714-317-8402 Tel. No. (562) 673-5331
Bid Item Description of Work Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount 1 Provide new Material Bin Storage Structure
with Cover and all associated site work1 LS
$512,000.00 $512,000.00 $528,400.00 $528,400.00 $855,000.00 $855,000.00 512,000.00$ $528,400.00 $855,000.00
Quantities
Bid Totals

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BID ABSTRACT
Project Name: Water Division Bin Storage
Bid No: 22-23.24
Project No: W-724
Bid Opening Date: 6/1/2023
Bid Item Description of Work
1 Provide new Material Bin Storage Structure
with Cover and all associated site work1 LS
Quantities
Bid Totals
Metro Builders & Engineers MLC Constructors, Inc. Faris Construction Company Tel. No. (949) 515-4350 Tel. No. (951) 393-0781 Tel. No. (760) 433-4500 Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount $987,297.00 $987,297.00 $1,075,932.00 $1,075,932.00 $1,185,000.00 $1,185,000.00 $987,297.00 $1,075,932.00 $1,185,000.00

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Agenda Item
City Council
Item #: 3.13. 7/11/2023 File #: 23-0452
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 Elecnor Belco Electric, Inc. for Tustin Avenue/Rose Drive Corridor Regional Traffic Signal Synchronization Program Project - Intersection Improvements, SP-4199; Bid No. 22-

23.41. 2. SUMMARY
Three bids for the Tustin Avenue/Rose Drive Corridor Regional Traffic Signal Synchronization Program Project - Intersection Improvements were received and opened on June 15, 2023. The apparent low bidder is Elecnor Belco Electric, Inc. of Chino, California, with a base bid amount is $739,641. Because sufficient budget exists, an additional $55,000 of alternate bid items is included in the contract.

3. RECOMMENDED ACTION

1. Approve the contract with Elecnor Belco Electric, Inc. in the total amount of $913,837.15, representing an original contract amount of $794,641 and a 15% contingency of $119,196.15, for Tustin Avenue/Rose Drive corridor traffic signal improvements; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $61,000 in reimbursable expenditures to account number 550.5031.56511.20425 for City of Placentia improvement costs beyond the original project budget.

3. Authorize the appropriation of $15,000 in reimbursable expenditures to account number 550.5031.56512.20425 for City of Tustin improvement costs beyond the original project budget.

4. FISCAL IMPACT
The total expenditure for this contract, including a 15% contingency, is $913,837.15 and will be funded in Tustin Street Signal Synchronization (20425) through:

TSIP Citywide (287) $18,400.00
Reimbursable Capital Projects (550)
Street Light/Signal Install-Tustin (Measure M2) 676,204.14 Other Capital Outlay-Tustin St Sig (Other Agencies) 150,651.03 Tustin St TSSP Placentia 60,785.94
Tustin St TSSP Tustin 7,796.04
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Total $913,837.15

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

6. DISCUSSION AND BACKGROUND
The Orange County Transportation Authority (OCTA) sponsors projects that develop and maintain corridor-based, multi-jurisdictional signal synchronization along corridors through Orange County.

These Regional Traffic Signal Synchronization Program (RTSSP) projects, collectively known as Project P, are funded under the Renewed Measure M (M2).

In 2019, the City of Orange nominated the Tustin Avenue/Rose Drive Corridor RTSSP Project (hereafter referred to as “the Project”) to OCTA for Measure M2 funding. The Tustin/Rose Corridor stretches over 11 miles across the cities of Anaheim, Orange, Placentia, Santa Ana, Tustin, and Yorba Linda, and includes 54 signals. The Project proposes traffic signal and communication equipment upgrades and the development and maintenance of optimized signal synchronization plans to best accommodate prevailing traffic patterns. Because the performance of this corridor is critical for mobility in Orange, City staff is leading the corridor-wide effort to manage and implement the Project. OCTA’sBoard of Directors awarded $2.8M Measure M2 funding to the Project for Fiscal Year 2021. Ultimately, this project will reduce traffic congestion during peak hours, while maintaining vehicular traffic at the speed limit at non-peak hours.

Project engineering and design kicked off in September 2021, after the City entered into an agreement with Iteris, Inc. (Iteris) to provide traffic engineering services to help City staff implement and deliver the Project. Iteris and City staff have been working closely with the project’s partner agencies to develop optimized signal timing for the corridor and prepare improvement plans and specifications for the construction of related traffic signal equipment upgrades. It should be noted that while the City of Anaheim is an active Project Partner, Anaheim has elected to independently design and construct improvements within its jurisdiction. As a result, the scope of work for the Tustin Ave/Rose Drive RTSSP Project include the intersection improvements for the cities of Orange, Placentia, Santa Ana, Tustin and Yorba Linda.

The intersection improvements in the construction scope of work include but are not limited to communication conduits, fiber optic cables, and hardware; traffic signal cabinet and controller upgrades; ADA-compliant pedestrian push-buttons and countdown indications; emergency vehicle preemption; and field monitoring equipment such as vehicle detectors and CCTV cameras to support and maintain the new corridor synchronization plan. Once completed, these improvements will modernize the traffic signal infrastructure and help facilitate improved traffic signal synchronization.

When developing the project bid documents, certain optional improvements were identified as alternate bid items that could be selectively included in the contract should the project budget allow.

In this case, bids were evaluated using the total base contract bid price, exclusive of alternate bid items. This approach increased the likelihood that essential items could be funded and allows the City to award the base contract bid plus any (or none) of the alternate bid items.

The engineer’sestimate for the project base construction cost is $867,140, exclusive of alternate bid items. Costs for improvements within the various partner agencies’jurisdiction are the responsibility of the owning agency. As part of this project funding, most of the project costs will be reimbursed with Measure M2 funding, up to a certain amount identified in the project’soriginal application, submitted in December 2019. Any costs over the original project budget are the responsibility of the partner City of Orange Printed on 7/6/2023Page 2 of 3
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in December 2019. Any costs over the original project budget are the responsibility of the partner agency where the work improvement occurs.

The City Council previously approved the advertisement for bids on May 23, 2023. The bid solicitation was advertised on May 25, 2023, for a period of three weeks, and bids were opened on June 15, 2023. Three bids were received, and the total base contract bids tabulate as follows:

1. Elecnor Belco Electric, Inc. $ 739,641

2. Select Electric, Inc. $ 989,174

3. DBX, Inc. $1,139,747
The apparent low bidder, Elecnor Belco Electric, Inc. of Chino, CA, submitted a request to withdraw their bid due to a clerical error. Upon reviewing the company’sexplanation and discussion with the City Attorney’sOffice, it was determined that there was insufficient evidence of a clerical error in filling out the bid. As a result, Elecnor Belco Electric, Inc.’srequest to withdraw its bid was rejected. Staff proceeded to check the references and qualifications for Elecnor Belco Electric, Inc. and found them to be acceptable.

While the total base contract bid from Elecnor Belco Electric, Inc. is well below the engineer’s estimate, amongst the partner agencies, both the cities of Placentia and Tustin are expecting potential overruns in their construction costs in the amounts of $61,000 and $15,000 respectively.

Staff met with both agencies and discussed the funding needs to cover possible shortfalls. Both agencies have provided in writing a commitment to fund the estimated shortfall if needed.

Upon review of the project budget as well as the pricing for the alternate bid items, staff elected to include all three alternate bid items for the City of Orange in the contract award amount. Similarly, Santa Ana has requested to include Alternate Bid Item 1, signal modification for the intersection of Tustin Avenue and Tustin Centre in the contract award amount. Additionally, a large portion of the work involves underground fiber optic improvements, often constructed with horizontal directional boring over long distances to minimize traffic disruptions and increase productivity. However, subsurface installations can be challenging, and as a result, staff recommends a project contingency of 15%.

Therefore, staff recommends that Elecnor Belco Electric, Inc. be awarded the contract in the total amount of $913,837.15, representing a base contract bid amount of $739,641, plus the inclusion of alternate bid items in the amount of $55,000 and a 15% contingency of $119,196.15.

Construction is anticipated to begin in August 2023 and is expected to be completed within 120 working days.

7. ATTACHMENTS
· Location Map
· Bid Abstract
· Contract with Elecnor Belco Electric, Inc.

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Agenda Item
City Council
Item #: 3.13. 7/11/2023 File #: 23-0452
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

3. RECOMMENDED ACTION

2. Authorize the appropriation of $61,000 in reimbursable expenditures to account number 550.5031.56511.20425 for City of Placentia improvement costs beyond the original project budget.

3. Authorize the appropriation of $15,000 in reimbursable expenditures to account number 550.5031.56512.20425 for City of Tustin improvement costs beyond the original project budget.

4. FISCAL IMPACT
The total expenditure for this contract, including a 15% contingency, is $913,837.15 and will be funded in Tustin Street Signal Synchronization (20425) through:

TSIP Citywide (287) $18,400.00
Reimbursable Capital Projects (550)
Street Light/Signal Install-Tustin (Measure M2) 676,204.14 Other Capital Outlay-Tustin St Sig (Other Agencies) 150,651.03 Tustin St TSSP Placentia 60,785.94
Tustin St TSSP Tustin 7,796.04
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Total $913,837.15

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

These Regional Traffic Signal Synchronization Program (RTSSP) projects, collectively known as Project P, are funded under the Renewed Measure M (M2).

When developing the project bid documents, certain optional improvements were identified as alternate bid items that could be selectively included in the contract should the project budget allow.

The engineer’sestimate for the project base construction cost is $867,140, exclusive of alternate bid items. Costs for improvements within the various partner agencies’jurisdiction are the responsibility of the owning agency. As part of this project funding, most of the project costs will be reimbursed with Measure M2 funding, up to a certain amount identified in the project’soriginal application, submitted in December 2019. Any costs over the original project budget are the responsibility of the partner City of Orange Printed on 7/6/2023Page 2 of 3
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in December 2019. Any costs over the original project budget are the responsibility of the partner agency where the work improvement occurs.

1. Elecnor Belco Electric, Inc. $ 739,641

2. Select Electric, Inc. $ 989,174

Staff met with both agencies and discussed the funding needs to cover possible shortfalls. Both agencies have provided in writing a commitment to fund the estimated shortfall if needed.

Construction is anticipated to begin in August 2023 and is expected to be completed within 120 working days.

7. ATTACHMENTS
· Location Map
· Bid Abstract
· Contract with Elecnor Belco Electric, Inc.

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Corridor
Rose Drive
Tustin Avenue
N
Tustin Avenue - Rose Drive RTSSP Project
Yorba Lina | Placentia | Anaheim | Orange | Santa Ana | Tustin | Caltrans Orange County
Placentia
Tustin
Santa Ana
Orange
Anaheim
0 1 20.5
Miles
Bastunchury Rd
Yorba Linda
Orange County Yorba Linda Blvd
Buena Vista Ave
Alta Vista St
Orangethorpe Ave
La Palma Ave
Riverdale Ave
Lincoln Ave
Nohl Ranch Rd
Heim Ave
Meats Ave
Taft Ave
Katella Ave
Collins Ave
Chapman Ave
La Veta Ave
Walnut Ave
Fairhaven Ave
Santa Clara Ave
Seventeenth St
First St
Tustin Ave
Rose Dr
- Location Map
281
City of Orange: Summary of Bid Abstracts for:
1 2 3
Bid No. 22-23.41
Date of Bid Opening: 06/15/2023
Tel. No. (626) 810-1338 Tel. No. (619) 460-6060 Tel. No. (951) 296-9909 NO. DESCRIPTION OF WORK QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Base Bid
City of Orange Proposal Schedule
1 Furnish and Install 4" PVC Conduit 50 LF 80.50 $ $4,025.00 $120.00 $6,000.00 $211.00 $10,550.00 $150.00 $7,500.00 2 Install Iteris-Furnished Cabinet on
Existing Foundation 4 EA 13,800.00$ $55,200.00 $1,500.00 $6,000.00 $3,881.00 $15,524.00 $7,500.00 $30,000.00 3 Install Iteris-Furnished Cabinet on New
Foundation 1 EA 28,750.00$ $28,750.00 $4,700.00 $4,700.00 $8,092.00 $8,092.00 $29,000.00 $29,000.00 4 Install Iteris-Furnished UPS Cabinet and
UPS Assembly 3 EA 2,300.00$ $6,900.00 $1,300.00 $3,900.00 $1,239.00 $3,717.00 $3,500.00 $10,500.00 5 Modify Existing Traffic Signal Controller
Cabinet Foundation 5 EA 3,220.00$ $16,100.00 $2,500.00 $12,500.00 $3,181.00 $15,905.00 $11,500.00 $57,500.00 6 Reestablish Existing BBS 3 EA 1,380.00$ $4,140.00 $500.00 $1,500.00 $1,239.00 $3,717.00 $3,500.00 $10,500.00 7 Install Iteris-Furnished CCTV Camera 8 EA 4,134.25$ $33,074.00 $2,500.00 $20,000.00 $7,397.00 $59,176.00 $4,800.00 $38,400.00 8 Install Iteris-Furnished Wireless Radio 3 EA 3,284.21$ $9,852.63 $2,000.00 $6,000.00 $6,743.00 $20,229.00 $4,800.00 $14,400.00 9 Install Iteris-Furnished Gridsmart Video
Detection System 1 LS 5,750.00 $ $5,750.00 $4,900.00 $4,900.00 $12,459.00 $12,459.00 $4,800.00 $4,800.00 10 Furnish and Install Nema 3R Enclosure 1 EA 1,150.00$ $1,150.00 $4,500.00 $4,500.00 $3,923.00 $3,923.00 $6,500.00 $6,500.00 City of Orange Proposal Schedule Total $164,941.63 $70,000.00 $153,292.00 $209,100.00 City of Tustin Proposal Schedule
11 Furnish and Install New APS System 1 LS 14,950.00$ $14,950.00 $19,200.00 $19,200.00 $15,280.00 $15,280.00 $16,250.00 $16,250.00 12 Install Iteris-Furnished Traffic Signal
Controller 2 EA 1,725.00$ $3,450.00 $600.00 $1,200.00 $3,269.00 $6,538.00 $3,500.00 $7,000.00 13 Install Iteris-Furnished Wavetronix Radar
Detection System 2 EA 6,900.00$ $13,800.00 $6,200.00 $12,400.00 $6,665.00 $13,330.00 $5,000.00 $10,000.00 City of Tustin Proposal Schedule Total $32,200.00 $32,800.00 $35,148.00 $33,250.00 City of Santa Ana Proposal Schedule
14 Furnish and Install 120 SMFO Cable 3355 LF 6.90 $ $23,149.50 $4.80 $16,104.00 $4.00 $13,420.00 $15.00 $50,325.00 15 Remove and Re-Install Existing SMFO
Cable 90 LF 2.30 $ $207.00 $10.00 $900.00 $5.00 $450.00 $45.00 $4,050.00 16 Remove Existing Signal Interconnect
Cable (SIC) 2930 LF 2.30$ $6,739.00 $1.00 $2,930.00 $1.00 $2,930.00 $4.00 $11,720.00 17 Furnish and Install FDU (SPH-01P) 1 EA 2,300.00$ $2,300.00 $2,500.00 $2,500.00 $3,295.00 $3,295.00 $3,500.00 $3,500.00 18 Furnish and Install FDU (CCH-01U) 2 EA 1,150.00$ $2,300.00 $4,500.00 $9,000.00 $3,295.00 $6,590.00 $4,000.00 $8,000.00 19 Furnish and Install CCH Panel in Existing
FDU 1 EA 1,150.00$ $1,150.00 $1,600.00 $1,600.00 $1,648.00 $1,648.00 $2,500.00 $2,500.00 20 Install Iteris-Furnished CCTV Camera 1 LS 4,758.13 $ $4,758.13 $2,500.00 $2,500.00 $8,774.00 $8,774.00 $4,800.00 $4,800.00 21 Fusion Splice Strands of Single Mode
Fiber Optic (SMFO) 1 LS 2,070.00 $ $2,070.00 $2,500.00 $2,500.00 $2,362.00 $2,362.00 $20,000.00 $20,000.00 22 Signal Modificaion (Tustin Avenue @
Fruit Street) 1 LS 33,580.00$ $33,580.00 $54,000.00 $54,000.00 $26,170.00 $26,170.00 $55,030.00 $55,030.00 City of Santa Ana Proposal Schedule Total $76,253.63 $92,034.00 $65,639.00 $159,925.00 City of Placentia Proposal Schedule
23 Furnish and Install 72 SMFO Cable 9480 LF 5.57 $ $52,803.60 $4.00 $37,920.00 $3.00 $28,440.00 $7.00 $66,360.00 24 Furnish and Install 12 SMFO Cable 635 LF 3.28 $ $2,082.80 $2.20 $1,397.00 $7.00 $4,445.00 $6.00 $3,810.00 25 Remove Existing Signal Interconnect
Cable (SIC) 9970 LF 2.30$ $22,931.00 $1.00 $9,970.00 $1.00 $9,970.00 $2.00 $19,940.00 26 Furnish and Install 3" PVC Conduit 120 LF 74.75 $ $8,970.00 $88.00 $10,560.00 $211.00 $25,320.00 $140.00 $16,800.00 27 Furnish and Install #6E Pull Box 6 EA 3,450.00$ $20,700.00 $1,048.00 $6,288.00 $2,869.00 $17,214.00 $2,800.00 $16,800.00 28 Furnish and Install Fibber Optic Splice
Enclosure 6 EA 1,150.00$ $6,900.00 $1,825.00 $10,950.00 $3,295.00 $19,770.00 $2,500.00 $15,000.00 29 Furnish and Install FDU/FPP 6 EA 2,300.00$ $13,800.00 $2,500.00 $15,000.00 $2,750.00 $16,500.00 $4,000.00 $24,000.00 30 Furnish and Install Pedestrian Push
Button 22 EA 920.00 $ $20,240.00 $2,142.00 $47,124.00 $2,448.00 $53,856.00 $2,400.00 $52,800.00 31 Furnish and Install Pedestrian
Countdown Module 14 EA 1,495.00$ $20,930.00 $1,092.00 $15,288.00 $1,228.00 $17,192.00 $788.00 $11,032.00 32 Install Iteris-Furnished Traffic Signal
Controller 7 EA 1,725.00$ $12,075.00 $600.00 $4,200.00 $3,154.00 $22,078.00 $3,500.00 $24,500.00 33 Install Iteris-Furnished Ethernet Switch 6 EA 402.50 $ $2,415.00 $600.00 $3,600.00 $1,974.00 $11,844.00 $3,500.00 $21,000.00 34 Install Iteris-Furnished CCTV Camera 6 EA 4,020.21$ $24,121.26 $2,500.00 $15,000.00 $6,743.00 $40,458.00 $4,000.00 $24,000.00 35 Fusion Splice Strands of Single Mode
Fiber Optic (SMFO) 1 LS 3,277.50 $ $3,277.50 $2,500.00 $2,500.00 $2,362.00 $2,362.00 $28,000.00 $28,000.00 36 TMC Network Connections 1 LS 7,807.03 $ $7,807.03 $45,000.00 $45,000.00 $11,782.00 $11,782.00 $30,000.00 $30,000.00 City of Placentia Proposal Schedule Total $219,053.19 $224,797.00 $281,231.00 $354,042.00 City of Yorba Linda Proposal Schedule
37 Furnish and Install 72 SMFO Cable 6700 LF 5.56 $ $37,252.00 $3.80 $25,460.00 $6.00 $40,200.00 $7.00 $46,900.00 38 Furnish and Install 12 SMFO Cable 480 LF 3.26 $ $1,564.80 $2.50 $1,200.00 $7.00 $3,360.00 $7.00 $3,360.00 39 Remove Existing Signal Interconnect
Cable (SIC) 1905 LF 2.30 $ $4,381.50 $1.00 $1,905.00 $1.00 $1,905.00 $2.00 $3,810.00 40 Furnish and Install 3" PVC Conduit 175 LF 74.75 $ $13,081.25 $140.00 $24,500.00 $211.00 $36,925.00 $180.00 $31,500.00 41 Furnish and Install 2" PVC Conduit 2580 LF 69.00 $ $178,020.00 $70.00 $180,600.00 $79.00 $203,820.00 $47.00 $121,260.00 42 Furnish and Install #6E Pull Box 5 EA 3,450.00$ $17,250.00 $1,048.00 $5,240.00 $2,734.00 $13,670.00 $2,800.00 $14,000.00 43 Furnish and Install #6 Pull Box 9 EA 2,760.00$ $24,840.00 $845.00 $7,605.00 $2,509.00 $22,581.00 $2,100.00 $18,900.00 44 Furnish and Install Fiber Optic Splice
Enclosure 5 EA 1,150.00$ $5,750.00 $1,500.00 $7,500.00 $3,295.00 $16,475.00 $2,300.00 $11,500.00 45 Furnish and Install FDU/FPP 5 EA 2,300.00$ $11,500.00 $4,500.00 $22,500.00 $2,750.00 $13,750.00 $3,800.00 $19,000.00 46 Furnish and Install Duplex Power Outlet 4 EA 115.00$ $460.00 $300.00 $1,200.00 $1,648.00 $6,592.00 $800.00 $3,200.00 47 Install Iteris-Furnished Traffic Signal
Controller 4 EA 1,725.00$ $6,900.00 $600.00 $2,400.00 $3,154.00 $12,616.00 $2,500.00 $10,000.00 48 Install Iteris-Furnished Ethernet Switch 4 EA 402.50 $ $1,610.00 $600.00 $2,400.00 $1,974.00 $7,896.00 $3,500.00 $14,000.00 49 Install Iteris-Furnished CCTV Camera 4 EA 4,134.25$ $16,537.00 $2,500.00 $10,000.00 $6,743.00 $26,972.00 $4,000.00 $16,000.00 50 Install Iteris-Furnished Wireless Radio 2 EA 4,082.50$ $8,165.00 $2,500.00 $5,000.00 $5,500.00 $11,000.00 $4,500.00 $9,000.00 51 Fusion Splice Strands of Single Mode
Fiber Optic (SMFO) 1 LS 1,380.00$ $1,380.00 $2,500.00 $2,500.00 $2,362.00 $2,362.00 $25,000.00 $25,000.00 52 Pothole for Utility Conflict 20 EA 2,300.00$ $46,000.00 $1,000.00 $20,000.00 $1,687.00 $33,740.00 $1,800.00 $36,000.00 City of Yorba Linda Proposal Schedule Total $374,691.55 $320,010.00 $453,864.00 $383,430.00 Total Base Contract Bid $867,140.00 $739,641.00 $989,174.00 $1,139,747.00 Alternate Bids
City of Orange Alternate Bid
1 Alt Bid Item No. 1 (Tustin Street @ SR-55)
- Install Iteris-Furnished Gridsmart Video
Detection System
1 LS 5,000.00 $
$5,000.00 $5,000.00 $5,000.00 $9,436.00 $9,436.00 $4,500.00 $4,500.00 2 Alt Bid Item No. 2 (Tustin Street @ Collins
Avenue) - Install Iteris-Furnished
Gridsmart Video Detection System
1 LS 4,200.00$ $4,200.00 $2,500.00 $2,500.00 $8,503.00 $8,503.00 $4,500.00 $4,500.00 3 Alt Bid Item No. 3 (Tustin Street @
Fairhaven Avenue) - Install Iteris-
Furnished Gridsmart Video Detection
System
1 LS 4,200.00$ $4,200.00 $2,500.00 $2,500.00 $8,503.00 $8,503.00 $4,500.00 $4,500.00 City of Orange Alternate Bid Total $13,400.00 $10,000.00 $26,442.00 $13,500.00 City of Santa Ana Alternate Bid
1 Alt Bid Item No. 1 - Signal Modification
(Tustin Avenue @ Tustin Centre) 1 LS 43,700.00$
$43,700.00 $45,000.00 $45,000.00 $27,783.00 $27,783.00 $56,000.00 $56,000.00 2 Alt Bid Item No. 2 - Install Iteris-
Furnished Video Detection System (VDS)
1 LS 6,000.00$ $6,000.00 $5,000.00 $5,000.00 $14,258.00 $14,258.00 $4,500.00 $4,500.00 City of Santa Ana Alternate Bid Total $49,700.00 $50,000.00 $42,041.00 $60,500.00 City of Yorba Linda Alternate Bid
1 Alt Bid Item No. 1 - Furnish and Install
Ethernet Switch (Bastanchury/Grey
Stone)
1 LS 2,200.00$ $2,200.00 $28,000.00 $28,000.00 $1,974.00 $1,974.00 $21,000.00 $21,000.00 2 Alt Bid Item No. 2 - Furnish and Install
Equipment Shown on Plans
(Bastanchury/Prospect)
1 LS 16,570.00$ $16,570.00 $21,000.00 $21,000.00 $15,369.00 $15,369.00 $23,000.00 $23,000.00 City of Yorba Linda Alternate Bid Total $18,770.00 $49,000.00 $17,343.00 $44,000.00 Total of Alternate Bids $81,870.00 $109,000.00 $85,826.00 $118,000.00

ENGINEER'S ESTIMATE
SP-4199 Tustin Avenue/Rose Drive RTSSP - Intersection
Improvements
Elecnor Belco Electric, Inc.

Chino, CA
Select Electric, Inc.

Vista, CA
DBX, Inc.

Temecula, CA

Page 1 of 1 ends

CONTRACT
[SP-4199: Tustin Avenue/Rose Drive Corridor Regional Traffic Signal Synchronization Program Project – Intersection Improvements (Bid No. 22-23.41)]

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 ELECNOR BELCO ELECTRIC, INC., a California corporation (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed

(1) The Construction Plans for Tustin Avenue/Rose Drive Corridor Regional Traffic Signal Synchronization Program Project – Intersection Improvements (Drawing SP-4199) prepared for City by Iteris, Inc., approved by the “Engineer” (as defined herein below) on May 23, 2023, and consisting of sheets numbered 1 through 38, 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 Specificatio ns 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 entir ety 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 “Project 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 283
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 Specificati ons 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 City Traffic Engineer, Larry Tay (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City ’s Public Works Director may designate from time to time, that Contractor shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, a nd that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Public Works Director.

ARTICLE 2
Commencement of Work

Contractor shall commence the Work provided for in this Contract within fifteen (15) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within One Hundred Twenty (120) working 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.

284
3 ARTICLE 3
Compensation

a. Contractor agrees to receive and accept an amount not to exceed SEVEN HUNDRED NINETY- FOUR THOUSAND SIX- HUNDRED FORTY- ONE DOLLARS and 00/100 ($794,641.00), 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 descr iption 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 Specifi cations, 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 ONE HUNDRED NINETEEN THOUSAND ONE-HUNDRED NINETY-SIX DOLLARS and 15/100 ($119,196.15) 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 Repr esentative. 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 p roposal 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 NINE HUNDRED THIRTEEN THOUSAND EIGHT HUNDRED THIRTY-SEVEN DOLLARS and 15/100 ($913,837.15).

ARTICLE 4
Licenses

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

285
4 ARTICLE 5
Guarantees

a. Contractor guarantees the construction and installation of all Work included in the Plans and Specifications for which Contractor has been awarded this Contract.

e. It is understood that emergency repairs may, by necessity, be made by City.

ARTICLE 6
Water Quality

a. The Santa Ana Regional Water Quality Control Board (“RWQCB”) has i ssued 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 w ith the Permit requirements, the County of Orange has prepared a Drainage Area Management Plan (“DAMP”), containing Model Maintenance Procedures with Best Management Practices (“BMPs”) that City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry- weather urban runoff, storm water runoff, and receiving water quality. Examples include: wash water from cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas.

286
5 b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the office of City’s Director of Public Works. Contractor hereby acknowledges that it has read, reviewed and understands the Permit, the DAMP and the Model Maintenance Procedures, as they relate to the Work and hereby shall perform the Work in conformance therewith.

ARTICLE 7
Independent Contractor; Contractor not Agent

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

ARTICLE 8
Public Work; Prevailing Wage

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

To the extent Contractor ’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations ( www.dir.ca.gov/DLSR
). Additionally, to perform work under this
Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed 287
6 and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions.

“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 W ork 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 f or 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, wi thout regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor shall post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration fo r employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. 288
7 c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any Work covered by this Contract, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

ARTICLE 10
Conflicts of Interest

ARTICLE 11
Indemnity

Contractor shall defend, indemnify and hold harmless City and its Partner Cities for the Tustin Avenue/Rose Drive Corridor Traffic Signal Synchronization Project (Cities of Placentia, Santa Ana, Tustin and Yorba Linda, collectively “Partner Cities”) and their 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 and Partner Cities 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, relea se 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 and Partner Cities or its officers, officials, agents, and employees. The foregoing indemnity shall survive termination of this Contract.

ARTICLE 12
Insurance

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.

(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 and its Partner Cities for the Tustin Avenue/Rose Drive Corridor Traffic Signal Synchronization Project. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract.

d. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions with r espect to City and Partner Cities , 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 and Partner Cities , 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. 290
9 In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City and Partner Cities are additional insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall apply to City and Partner Cities as additional insureds.

(2) For any claims related to this Contract , Contractor’s insurance coverage shall be primary insurance with respect to City and Partner Cities, its officers, officials, agents and employees. Any insurance or self -insurance maintained by City and Partner Cities , its officer s, 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.

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 and Partner Cities with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City and Partner Cities 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 and Partner Cities 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.

291
10 ARTICLE 13
Termination

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

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

ARTICLE 14
Maintenance and Inspection of Records

In accordance with generally accepted account ing 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 Contrac t 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

b. Contractor represents and warrants that it:

(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

292
11 (4) Has responded, and shall at all times during the term of this Contract respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I -9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.

c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services under this Contract.

d. Contractor shall, upon request of City, provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor . Once such request has been made, Contractor may not change employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract.

e. If Contractor, or a subcontractor or subconsultant, knowingly employs an employee providing Work under this Contract who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee , such shall constitute a material breach of this Contract and may be cause for immediate termination of th is 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 t o comply with said laws, rules and regulations in connection with the performance of this Contract.

ARTICLE 16
Governing Law and Venue

ARTICLE 17
Integration and Amendment

Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e -mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three ( 3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.

“CONTRACTOR” “CITY”

Elecnor Belco Electric, Inc. City of Orange
14320 Albers Way 300 E. Chapman Avenue
Chino, CA 91710 Orange, CA 92866-1591

Attn: John Wong Attn: Gabrielle Hayes

Telephone: 909-993-5470 Telephone : 714-744-5561
E-Mail: [email protected] E- Mail: [email protected]

ARTICLE 19
Claim Resolution

City and Contractor agree that the claim resolution process applicable to any claim by Contractor in connection with the Work provided herein shall be subject to the procedures set forth in California Public Contract Code Section 9204, attached hereto as A ttachment 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] 294
13 “CITY”

CONTRACT, BONDS AND INSURANCE
APPROVED BY:

Melissa M. Crosthwaite
Senior Assistant City Attorney

CITY OF ORANGE, a municipal corporation

By:

Daniel R. Slater
Mayor of the City of Orange

ATTEST:

Pamela Coleman, City Clerk

“CONTRACTOR”

ELECTOR BELCO ELECTRIC, INC., a
California corporation

[Note: Signature of Chairman of the By:

Board, President or Vice President is Printed Name:
required] Title:

[Note: Signature of Secretary, Assistant By:

Secretary, Chief Financial Officer or Printed Name:

Assistant Treasurer is also required] Title:

√

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ATTACHMENT NO. 1

CALIFORNIA LABOR CODE
SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815

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

Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently deba rred 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 pr ohibited 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 subse quent 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 Mar ch 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 gene ral 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.

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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) 298

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for each day the unregistered lower tier subcontracto r 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 requi rements 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 tiere d 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 con tractor 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 wit h 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. 299

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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 s hall 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 Commi ssioner 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 pu blic 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 l ess 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 ea ch 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 301

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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 t he 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 subcontra ctor 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. 302

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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 con sist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft -Hartley trust fund ( 29 U.S.C. Sec. 186(c)(5) ) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor- management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy e stablished 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. 303

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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 Divi sion 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 require d 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 304

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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 appli cation 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 prescribe d 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, i f 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 publ ic 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 305

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of Apprenticeship, upon application of an apprenticeship program, may order a minimum ra tio 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, o r 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 s olely 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 t his 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 contr actors 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

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the contract by the respective contra ctor 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 c ontract, 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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ATTACHMENT NO. 2

CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204

Section 9204. Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process (Eff: January 1, 2017)

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief f rom damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning o f Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 309

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(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 310

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(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assi sts the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediat ion conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contr actor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 311
Agenda Item
City Council
Item #: 3.14. 7/11/2023 File #: 23-0450
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange Amending Sections 2.60.010 and 2.60.020 of the Orange Municipal Code related to the powers and duties of the Parks Planning and Community Events Commission. Ordinance No. 08-23

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on June 27, 2023.

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

Vote at First Reading: AYES: Barrios, Dumitru, Tavoularis, Bilodeau Gyllenhammer, Slater
NOES: None
ABSENT: Gutierrez

3. RECOMMENDED ACTION
Adopt Ordinance No. 08-23.

4. ATTACHMENTS
· Ordinance No. 08-23
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Agenda Item
City Council
Item #: 3.14. 7/11/2023 File #: 23-0450
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on June 27, 2023.

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

Vote at First Reading: AYES: Barrios, Dumitru, Tavoularis, Bilodeau Gyllenhammer, Slater
NOES: None
ABSENT: Gutierrez

3. RECOMMENDED ACTION
Adopt Ordinance No. 08-23.

4. ATTACHMENTS
· Ordinance No. 08-23
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ORDINANCE NO. 08-23

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF ORANGE AMENDING
SECTIONS 2.60.010 AND 2.60.020 OF THE

ORANGE MUNICIPAL CODE RELATED TO

THE POWERS AND DUTIES OF THE PARKS

PLANNING AND COMMUNITY EVENTS
COMMISSION.

THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS
FOLLOWS:

SECTION I:

The subject Ordinance is not subject to the provisions of the California Environmental Quality Act (CEQA) because it is not a "project" as defined in Guideline 15378.

SECTION II:

Section 2.60.010, “Administration and Personnel – Park Planning and Community Events Commission – Established,” and Section 2.60.020 “Administration and Personnel – Park Planning and Community Events Commission – Powers and Duties,” of the Orange Municipal Code are hereby amended to read as follows:

2.60.010 – Established
There is established in the City a Park Planning and Community Events Commission consisting of seven members, to further the following goals:

A. Implementation of design and development of park and trail components outlined in the Master Plan of Parks and Master Plan of Recreation Trails; B. Act in an advisory capacity and provide recommendations to the City Council as to the conceptual design of new City-operated park land and amenities; C. Foster a continued standard of excellence for City-led community events; D. Encourage and support relationships with volunteer and non-profit organizations, and public and private agencies, regarding City-led community events and City-operated parks, facilities, and open spaces.

2.60.020 - Powers and Duties.

The Commission shall have the following powers and duties:
314
2 A. Make recommendations on the implementation of design and development of park and trail components outlined in the Master Plan of Parks and Master Plan of Recreation Trails; B. Review City-operated park conceptual designs prior to development and receive public input;
C. Act in an advisory capacity and provide recommendations to the City Council as to the use of new and current City-operated park land, including determination of passive or active use for new City-operated park land;
D. Act in an advisory capacity to review existing City-operated parks, receive public input, and provide recommendations to the City Council as to possible capital improvements; E. Act in an advisory capacity and provide recommendations to the City Council as to enhancements or alternatives to existing City-led community events; F. Develop and implement strategies to collect input from the Orange based community regarding park planning and community events; and G. Perform such other duties as may be prescribed by the City Council.

SECTION III:

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

SECTION IV:

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

ADOPTED this ____ day of ___________________, 2023.

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

Pamela Coleman, City Clerk, City of Orange
315
3 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the ___ day of _______________, 2023, and thereafter at the regular meeting of said City Council duly held on the ___ day of _______________, 2023, was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________________________
Pamela Coleman, City Clerk, City of Orange
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Agenda Item
City Council
Item #: 3.15. 7/11/2023 File #: 23-0405
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Authorize purchase of print and audiovisual materials for the Orange Public Library from Baker & Taylor, Inc.

2. SUMMARY
Request to authorize a $115,000 purchase order with Baker & Taylor, Inc. for print and audiovisual materials (i.e. books, DVDs, and CDs) for the Orange Public Library & History Center and the El Modena and Taft Branch Libraries.

3. RECOMMENDED ACTION

1. Approve purchase order for print and audiovisual materials from Baker & Taylor, Inc. in the amount of $115,000.

2. Authorize the City Manager to approve increases to the purchase order should the Library receive donations designated for the purchase of additional print and audiovisual materials.

4. FISCAL IMPACT
The total initial expenditure for this purchase is $115,000 and will be funded through General Fund (100).

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

6. DISCUSSION AND BACKGROUND
As the vendor with the largest inventory and widest selection of titles in the USA, Baker & Taylor, Inc. (Baker & Taylor) is capable of providing a wide variety of library materials sought by Orange Public Library to meet the interests and needs of city users.

Baker & Taylor has demonstrated the highest “fillrate”of any library materials vendor in providing the titles ordered, according to the professional literature. Staff has determined that Baker & Taylor provides the Orange Public Library with volume discounts and minimal shipping costs on terms that are as good as any that are being provided to other libraries.

Periodically, the Library will receive donations specifically designated for the purchase of print and audiovisual materials. For amounts over $5,000 for any one donation, staff will request City Council City of Orange Printed on 7/6/2023Page 1 of 2
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Item #: 3.15. 7/11/2023 File #: 23-0405
audiovisual materials. For amounts over $5,000 for any one donation, staff will request City Council approval to accept the donation into revenue and appropriate the monies to the designated expenditure account. For amounts of $5,000 and under, the City Manager has this authority. Rather than requesting Council approve an increase to the purchase order amount each time a donation is received, staff requests Council authorize the City Manager to approve any increases to the purchase order should the Library receive donations designated for the purchase of additional print and audiovisual materials.

Funds will purchase new books and audiovisual materials to meet public demand.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.15. 7/11/2023 File #: 23-0405
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Authorize purchase of print and audiovisual materials for the Orange Public Library from Baker & Taylor, Inc.

3. RECOMMENDED ACTION

1. Approve purchase order for print and audiovisual materials from Baker & Taylor, Inc. in the amount of $115,000.

2. Authorize the City Manager to approve increases to the purchase order should the Library receive donations designated for the purchase of additional print and audiovisual materials.

4. FISCAL IMPACT
The total initial expenditure for this purchase is $115,000 and will be funded through General Fund (100).

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

Periodically, the Library will receive donations specifically designated for the purchase of print and audiovisual materials. For amounts over $5,000 for any one donation, staff will request City Council City of Orange Printed on 7/6/2023Page 1 of 2
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Item #: 3.15. 7/11/2023 File #: 23-0405
audiovisual materials. For amounts over $5,000 for any one donation, staff will request City Council approval to accept the donation into revenue and appropriate the monies to the designated expenditure account. For amounts of $5,000 and under, the City Manager has this authority. Rather than requesting Council approve an increase to the purchase order amount each time a donation is received, staff requests Council authorize the City Manager to approve any increases to the purchase order should the Library receive donations designated for the purchase of additional print and audiovisual materials.

Funds will purchase new books and audiovisual materials to meet public demand.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.16. 7/11/2023 File #: 23-0404
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Request to close the Orange Public Library & History Center and the El Modena and Taft Branch Libraries for various dates during September - November 2023.

2. SUMMARY
Annually, the Orange Public Libraries are closed to the public to accommodate various events.

3. RECOMMENDED ACTION
Approve closure of the Orange Public Library facilities to the public as described in the staff report.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
Fiscal Year 2023-2024 closure dates
· September 1 - 2 - The Orange International Street Fair takes place Labor Day weekend. The Orange Public Library & History Center (OPL & HC) closes at 2:30 p.m. on that Friday and all day on Saturday. As the Library parking lot is used for fundraising, it is not feasible to remain open. Both El Modena and Taft Branch Libraries will maintain their regular business hours during this time. Full-time staff scheduled to work Friday afternoon or Saturday will take vacation time or work at the open branches.
· November 11 - In 2023, Veterans Day falls on a Saturday, a day when the Library is normally open. When a holiday falls on a Saturday, the City closes on the preceding Friday, in lieu of the actual date on which the holiday falls. However, the Library will remain open on Friday, November 10 in order to close on the federal holiday of Saturday, November 11. · November 22 - Every year, due to limited public use, the Orange Public Library facilities have closed at 6:00 p.m. on the Wednesday evening prior to the Thanksgiving Day holiday.

Notification of these closures will be communicated as usual through library signage, social media, City of Orange Printed on 7/6/2023Page 1 of 2
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Notification of these closures will be communicated as usual through library signage, social media, and online calendars and announcements.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.16. 7/11/2023 File #: 23-0404
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Request to close the Orange Public Library & History Center and the El Modena and Taft Branch Libraries for various dates during September - November 2023.

2. SUMMARY
Annually, the Orange Public Libraries are closed to the public to accommodate various events.

3. RECOMMENDED ACTION
Approve closure of the Orange Public Library facilities to the public as described in the staff report.

4. FISCAL IMPACT
None.

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

Notification of these closures will be communicated as usual through library signage, social media, City of Orange Printed on 7/6/2023Page 1 of 2
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Item #: 3.16. 7/11/2023 File #: 23-0404
Notification of these closures will be communicated as usual through library signage, social media, and online calendars and announcements.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.17. 7/11/2023 File #: 23-0467
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Authorize purchase of LUCAS 3 Automatic Chest Compression Device supplies and Ambulance Power Pro and Power Load gurney preventative maintenance services.

2. SUMMARY
Request to authorize an increase to purchase order for a total amount of $20,000 with Stryker Medical for medical supplies and service visits during Fiscal Year 2022-23.

3. RECOMMENDED ACTION
Approve an increase of $20,000 to a purchase order for medical supplies and service visits from Stryker Medical for the total amount of $52,000 for Fiscal Year 2022-23.

4. FISCAL IMPACT
The total expenditure for this purchase is $52,000 and will be funded through Emergency Transportation Fund (125).

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

6. DISCUSSION AND BACKGROUND
The Fire Department purchases LUCAS3 Automatic Chest Compression Devices and Power Pro/Power Load gurney supplies and services from Stryker Medical on a sole source basis. During Fiscal Year 2022-23 (FY23), a purchase order in the amount of $32,000 was issued to Stryker Medical and has now been exhausted. Outstanding FY23 invoices for additional materials for goods and services will require an additional $20,000, bringing the total purchase order to $52,000.

Because the total purchase order during the fiscal year exceeds the $30,000 purchasing limit, staff is requesting City Council approve the additional purchase amount.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.17. 7/11/2023 File #: 23-0467
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Authorize purchase of LUCAS 3 Automatic Chest Compression Device supplies and Ambulance Power Pro and Power Load gurney preventative maintenance services.

2. SUMMARY
Request to authorize an increase to purchase order for a total amount of $20,000 with Stryker Medical for medical supplies and service visits during Fiscal Year 2022-23.

3. RECOMMENDED ACTION
Approve an increase of $20,000 to a purchase order for medical supplies and service visits from Stryker Medical for the total amount of $52,000 for Fiscal Year 2022-23.

4. FISCAL IMPACT
The total expenditure for this purchase is $52,000 and will be funded through Emergency Transportation Fund (125).

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

Because the total purchase order during the fiscal year exceeds the $30,000 purchasing limit, staff is requesting City Council approve the additional purchase amount.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.18. 7/11/2023 File #: 23-0459
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of asphalt cold mix and washed concrete sand for the Public Works Water Division from Main Street Materials.

2. SUMMARY
Request to authorize an increase to purchase order for a total amount of $37,000 with Main Street Materials for roadway repairs materials during Fiscal Year 2022-23.

3. RECOMMENDED ACTION
Approve an increase of $8,000 to a purchase order for asphalt cold mix and washed concrete sand from Main Street Materials for the total amount of $37,000 for Fiscal Year 2022-23.

4. FISCAL IMPACT
The total expenditure for this purchase is $37,000 and will be funded through Water Fund (600).

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

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

6. DISCUSSION AND BACKGROUND
The Public Works Department Water Division purchases asphalt cold mix and washed concrete sand for its repairs and maintenance operation of the water system. During Fiscal Year 2022-23 (FY23), a purchase order in the amount of $29,000 was issued to Main Street Materials and has now been exhausted. Outstanding FY23 invoices for additional materials for work recently completed will require an additional $8,000, bringing the total purchase order to $37,000. Because the total purchase order during the fiscal year exceeds the $30,000 purchasing limit, staff is requesting City Council approve the additional purchase amount.

The Water Division continues to monitor and seek out the lowest vendors to ensure the City is getting the best value available.

7. ATTACHMENTS
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Item #: 3.18. 7/11/2023 File #: 23-0459
· None
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Agenda Item
City Council
Item #: 3.18. 7/11/2023 File #: 23-0459
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of asphalt cold mix and washed concrete sand for the Public Works Water Division from Main Street Materials.

2. SUMMARY
Request to authorize an increase to purchase order for a total amount of $37,000 with Main Street Materials for roadway repairs materials during Fiscal Year 2022-23.

4. FISCAL IMPACT
The total expenditure for this purchase is $37,000 and will be funded through Water Fund (600).

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

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

The Water Division continues to monitor and seek out the lowest vendors to ensure the City is getting the best value available.

7. ATTACHMENTS
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Item #: 3.18. 7/11/2023 File #: 23-0459
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Agenda Item
City Council
Item #: 6.1. 7/11/2023 File #: 23-0434
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Legislative advocacy and grant writing update from Townsend Public Affairs.

2. SUMMARY
Update from Townsend Public Affairs on progress in providing legislative advocacy and grant writing services to the City.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
b: Analyze future fiscal needs and potential revenue opportunities.

6. DISCUSSION AND BACKGROUND
Since October 2022, Townsend Public Affairs (TPA) has provided legislative advocacy and grant writing services to the City of Orange. Legislative advocacy services are provided at both the federal and state level and include advocating the City’sposition on legislation and regulation, providing legislative reports, coordinating meetings, and attending hearings. Grant writing services include identifying funding priorities and opportunities, grant writing and submission services, and grant management support. The attached report is an update from TPA on providing these services to the City of Orange.

7. ATTACHMENT
· Townsend Public Affairs Activity Update Memo
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Agenda Item
City Council
Item #: 6.1. 7/11/2023 File #: 23-0434
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Legislative advocacy and grant writing update from Townsend Public Affairs.

2. SUMMARY
Update from Townsend Public Affairs on progress in providing legislative advocacy and grant writing services to the City.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
b: Analyze future fiscal needs and potential revenue opportunities.

7. ATTACHMENT
· Townsend Public Affairs Activity Update Memo
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M E M O R A N D U M

To: City of Orange
Mayor Dan Slater
Mayor Pro Tem Arianna Barrios
Councilmember Jon Dumitru
Councilmember Kathy Tavoularis
Councilmember Denis Bilodeau
Councilmember Ana Gutierrez
Councilmember John Gyllenhammer

From: Townsend Public Affairs
Christopher Townsend, President
Sean McReynolds, Senior Associate
Christine Rose, Senior Associate

Date: June 23, 2023

Subject: Activity Report

Since its inception in 1998, TPA has earned the reputation as Champions for Better Communities by providing the experience, resources, and relationships expected from a premier legislative advocacy and grant writing firm while also giving clients the unique brand of customer service they deserve: personal attention, maximum accessibility, and passion for their mission.

Townsend Public Affairs has been working with the City of Orange since October of 2022. Since then, TPA has been focused on identifying priority projects of the City to position for state and federal funding through competitive grants, the state budget process, and community project funding through the federal appropriations process. Since working with the City, TPA is proud to have already secured nearly $200,000 with over $10 million pending through various funding opportunities. The following is a summary of the grant applications and legislative directed spending applications.

FUNDING PROGRAM PROJECT AMOUNT OUTCOME
Department of Energy – Energy
Efficiency Block Grant Program
Purchase of ZEV’s for
City Fleet
$189,950 Awarded
State Budget Homeless Resource
Center
$2 million Pending passage
of SB 102

GRANTS AND FUNDING ADVOCACY
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Federal Community Project Public Safety
Equipment – Axon
Software
$1,100,000 Submitted,
outcome pending
Sponsors – Rep.

Kim, Sen. Padilla
Federal Community Project West Orange Park $2,000,000 Submitted, outcome pending
Sponsors: Rep.

Correa
Federal Community Project Olive Park $4,500,000 Submitted, outcome pending
Sponsors: Sen.

Padilla
BSCC Organized Retail Theft
Prevention Grant
Reducing Retail and
Vehicle Theft in the
City of Orange
$574,000 Due Date: July 7,
2023
Integrated Climate Adaptation and
Resiliency Program (ICARP)
Adaptation Planning Grant
Update City’s HMP,
EOP, and Continuity
of Operations Plan
$214,845 Not Awarded. TPA
working with
agency to identify
future application
improvements

In addition to providing monthly grant memos and conducting regular grant meet ings with staff, TPA is tracking the following priority grants for the City:

GRANT

PROGRAM

PROJECT DETAIL
Regional
Catastrophic
Preparedness
Grant Program –
Region 9
Update City’s

HMP, EOP,
and Continuity
of Operations
Plan
The City and TPA are exploring a competitive application for funds to update the hazard mitigation plan,
emergency operations plan, and continuity of operations plan.

Safe Streets and
Roads for All
Active
Transportation
Plan
TPA is discussing eligible projects with the City for this grant program, and how active transportation plan
elements can be included.

Mobile Source Air
Pollution
Reduction
Review
Committee
(MSRC)
Microtransit
Service in Old
Towne
Orange
Anaheim Transportation Network was the lead applicant
and responsible for the 50% project match. The City and TPA assisted with the application which will benefit Old Towne Orange businesses and Orange residents and
visitors.
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Below is a summary of recent legislative and agency advocacy services that TPA has provided to the City:

- TPA provided summaries of relevant state and federal legislative and administration updates on a weekly basis

- TPA provided a comprehensive bill matrix with priority legislation, as well as a monthly legislative report on all major state and federal activity

- TPA worked with the City, Assemblymember Eduardo Garcia, and Assemblymember Avelino Valencia to help secure legislative bond language in AB 1567 for regional city projects along the Santa Ana River

- TPA engaged with the Santa Ana Regional Water Quality Board as well as Senator Min’s office to successfully advocate for the City’s position and letter regarding Chandler Pit

- TPA coordinated advocacy efforts with HCD executives, the City’s state delegation, and staff regarding the City’s housing element

- At the direction of city staff, TPA successfully advocated for a project scope change for the City’s SB 2 and LEAP funding to accommodate the City’s priorities

- TPA assisted city staff with various reporting and funding issues related to the US Department of Housing and Urban Development’s grant to the City for the Hart Park Pickleball Project

- TPA continues to advocate on behalf of the City, as well as the other North SPA cities, to ensure that HCD delivers funding to the cities for regional homelessness services

- TPA, in coordination with the City’s legislative delegation, successfully secured a $2 million allocation for the City’s Homeless Resource Center project in the state budget

STATE AND FEDERAL LEGISLATIVE ADVOCACY
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July
2023
State

Governor deadline to sign State Budget
Last Day for Policy Committees to Meet
Summer Recess

TPA to provide a comprehensive budget overview and analysis which includes notable changes from the May revise budget and funding of interest to the City. Additionally, TPA will monitor and report to the City budget trailer legislation.

TPA to update the City on legislation designated for action upon the Legislature’s return from summer recess.

Federal

Appropriations bills will be considered in the House, providing an opportunity to engage directly with the City’s federal delegation to promote funding for City projects.

August
2023
State

Legislature reconvenes from Summer Recess

TPA will advocate on behalf of the City on priority bills in the last month of the session.

Federal

Congress’s traditional August recess provides an opportunity to build relationships among staff and federal agencies and prepare for the busy fall legislative session.

September
2023
State

Last day for Governor to sign or veto Legislation

TPA to draft and deliver signature and veto request letters on behalf of the City where necessary. TPA to facilitate meetings with Administration policy staff when necessary.

TPA to provide a legislative wrap-up, detailing the outcomes of the Legislative Session.

Federal

The end of the fiscal year brings a flurry of legislating in the U.S. Capitol with ample opportunity for TPA to work on behalf of the City. Federal funding will materialize and TPA will engage with members of the Appropriations Committees and their staffs to promote and advocate for City priorities.

October
2023
State

TPA to monitor political and post-legislative session developments and provide the City with any pertinent information. TPA will be available to provide community engagement and education services as needed.

LOOKING AHEAD – FUNDING AND LEGISLATIVE ADVOCACY
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Federal

TPA will continue to advocate for the City’s end of the year legislative and project priorities in Washington, DC, while also looking ahead to identify potential opportunities for the City.

November
2023
State

TPA to begin creating next year’s advocac y strategy. TPA to provide the City with a comprehensive report on anticipated policy trends for next year’s Legislative Session.

Federal

Identify legislative priorities for the next year. TPA to begin conducting internal discussions with City staff reg arding upcoming priorities. Lay the initial groundwork for next year’s Federal advocacy trips. Conduct a review of previous trips to explore best practices, learn from past trips, and improve the experience for future years.

December
2023
State

TPA to update and finalize the City’s Legislative Priorities to maximize success in the upcoming Legislative Session. TPA to work with the City to identify projects for potential state budget earmark requests.

Federal

TPA to work with the City to finalize the list of projects and to finalize a Fiscal Year 2025 Federal Appropriations funding request ask. Ask may include a specific request for the City, as well as a statewide request for additional funding in key programs.

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Agenda Item
City Council
Item #: 6.2. 7/11/2023 File #: 23-0435
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
Executive Management and Senior Management employees’classification, compensation, and terms of employment and Citywide Pay Schedule. Resolution Nos. 11480 and 11481.

2. SUMMARY
Resolution No. 11480 amends the compensation and terms of employment for the City’sExecutive Management and Senior Management employees for the period of July 1, 2023, through June 30, 2024.

Resolution No. 11481 amends the Citywide Pay Schedule in accordance with the requirements of the California Code of Regulations, Title 2, Section 570.5.

3. RECOMMENDED ACTION

1. Adopt Resolution No. 11480. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11410 and all amendments thereto and approving provisions relating to the classification, compensation, and terms of employment of Executive Management and Senior Management employees.

2. Adopt Resolution No. 11481. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11476 and amending the Citywide Pay Schedule in accordance with the requirements of the California Code of Regulations, Title 2, Section 570.5.

4. FISCAL IMPACT
The total cost is $616,530 of which $491,349 is General Fund. These adjustments are currently included in the proposed FY24 budget.

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

Goal 4: Provide outstanding public service
e: Attract, retain and develop quality employees dedicated to public service.

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Item #: 6.2. 7/11/2023 File #: 23-0435

6. DISCUSSION AND BACKGROUND
The City’s Top Management employees are not formally recognized as an employee bargaining group, but are covered by a City Council-adopted Resolution that provides for employee compensation and benefits. The Top Management Resolution covers the City’sdepartment heads, division managers, and other senior management employees. There are currently 76 employees covered by this Resolution.

If approved, the new Top Management Resolution terms reflect the following provisions:

Provision Description
Term of Resolution July 1, 2023 through June 30, 2024
Salary · Five percent (5.0%) base salary increase for the Fire Chief and Police Chief classifications; · Four
percent (4.0%) across the board base salary
increase for all other Top Management
employees; · An additional five percent (5.0%)
salary adjustment for the Accounting Manager
classification, for a total of nine percent (9.0%); ·
Salaries are effective July 16, 2024 and are
incorporated into Monthly Salary Ranges Tables
as Appendices A & B.

Incorporation of Classification Incorporate Records Manager classification.

Health Insurance Effective the pay period that includes January 1, 2024, increase the City’s contribution towards
medical insurance benefits per employee by
$75.00 per month. No increase for those
employees who waive medical.

Educational Incentive Program Modify provision to increase benefit from $500.00 to $600.00 per month for employees who possess
a postgraduate degree or higher, effective July 16,
2024.

Life Insurance Effective August 1, 2023, modify provision for listed classifications within: · Appendix A from
$150,000.00 to $200,000.00. · Appendix B from
$75,000.00 to $100,000.00.

Long Term Disability (LTD) Effective August 1, 2023, modify provision for listed classifications within Appendix B from
$8,000.00 to $10,000.00 per month.

Language Changes Implement language clean-up to conform Resolution to current practices or agreements.

7. ATTACHMENTS
City of Orange Printed on 7/6/2023Page 2 of 3
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Item #: 6.2. 7/11/2023 File #: 23-0435
· Resolution No. 11480
· Resolution No. 11481
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Agenda Item
City Council
Item #: 6.2. 7/11/2023 File #: 23-0435
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
Executive Management and Senior Management employees’classification, compensation, and terms of employment and Citywide Pay Schedule. Resolution Nos. 11480 and 11481.

Resolution No. 11481 amends the Citywide Pay Schedule in accordance with the requirements of the California Code of Regulations, Title 2, Section 570.5.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The total cost is $616,530 of which $491,349 is General Fund. These adjustments are currently included in the proposed FY24 budget.

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

Goal 4: Provide outstanding public service
e: Attract, retain and develop quality employees dedicated to public service.

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Item #: 6.2. 7/11/2023 File #: 23-0435

If approved, the new Top Management Resolution terms reflect the following provisions:

Incorporation of Classification Incorporate Records Manager classification.

Educational Incentive Program Modify provision to increase benefit from $500.00 to $600.00 per month for employees who possess
a postgraduate degree or higher, effective July 16,
2024.

Life Insurance Effective August 1, 2023, modify provision for listed classifications within: · Appendix A from
$150,000.00 to $200,000.00. · Appendix B from
$75,000.00 to $100,000.00.

Long Term Disability (LTD) Effective August 1, 2023, modify provision for listed classifications within Appendix B from
$8,000.00 to $10,000.00 per month.

Language Changes Implement language clean-up to conform Resolution to current practices or agreements.

7. ATTACHMENTS
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Item #: 6.2. 7/11/2023 File #: 23-0435
· Resolution No. 11480
· Resolution No. 11481
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RESOLUTION NO. 11480

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE RESCINDING RESOLUTION
NO. 11 410 AND ALL AMENDMENTS THERETO

AND APPROVING PROVISIONS RELATING TO

THE CLASSIFICATION, COMPENSATION, AND

TERMS OF EMPLOYMENT OF EXECUTIVE

MANAGEMENT AND SENIOR MANAGEMENT

EMPLOYEES

WHEREAS, the employees covered by this Resolution constitute unrepresented management personnel; and

WHEREAS, the City Council has consulted with the City Manager and Human Resources Director concerning the proposed employment terms contained herein; and

WHEREAS, an equity adjustment is being proposed for the salary range of the Accounting Manager; and

WHEREAS, the City Council has determined that this Resolution shall set forth the wages, hours, and conditions of employment for the period of July 1, 2023, through June 30, 2024, for those management employees covered herein; and

WHEREAS, all salary ranges for the above classifications must be authorized by the City Council and published by the City in order for the salary range to be considered pension-reportable, pursuant to California Public Employees’ Retirement System law.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby (1) rescinds Resolution No. 11410 and all amendments thereto; and (2) adopts the wages, hours, and conditions of employment through June 30, 2024, for Executive Management and Senior Management Employees contained in Appendices A and B, as fully set forth herein.

ADOPTED this 11th day of July 2023.

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

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2 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 11th day of July 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

345

TOP MANAGEMENT RESOLUTION

JULY 1, 2023 THROUGH JUNE 30, 2024

346

TABLE OF CONTENTS

SECTION 1. BASIC COMPENSATION PLAN AND DEFINITIONS. 1 SECTION 2. SALARY AND WAGE SCHEDULE. 1
SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN. 2 SECTION 4. BEGINNING RATES. 2
SECTION 5. SERVICE. 2
SECTION 6. ADVANCEMENT WITHIN SALARY RANGES. 2
SECTION 7. REDUCTION IN SALARY STEPS. 3
SECTION 8. BILINGUAL ASSIGNMENT. 3
SECTION 9. LONGEVITY FOR SAFETY CHIEFS. 3
SECTION 10. EDUCATIONAL INCENTIVE PROGRAM. 4
SECTION 11. INCENTIVE PAY PLAN. 4
SECTION 12. PROMOTION. 4
SECTION 13. DEMOTION. 4
SECTION 14. REASSIGNMENT OF COMPENSATION RANGES. 5 SECTION 15. AT-WILL STATUS. 5
SECTION 16. ACTING TIME PAY. 5
SECTION 17. ADMINISTRATIVE LEAVE. 6
SECTION 18. HOLIDAYS. 6
SECTION 19. VACATION. 7
SECTION 20. PART-TIME, TEMPORARY, AND SEASONAL EMPLOYEES ELIGIBILITY FOR FRINGE BENEFITS. 9 SECTION 21. LEAVES OF ABSENCE. 9
SECTION 22. HEALTH INSURANCE. 15
SECTION 23. OTHER INSURANCES. 16
SECTION 24. RETIREMENT. 17 SECTION 25. OTHER FRINGE BENEFITS. 18 347

TABLE OF CONTENTS (CONTINUED)
ii
SECTION 26. DIRECT DEPOSIT. 20
SECTION 27. TRAVEL EXPENSE ALLOWED. 20
SECTION 28. GRIEVANCE PROCEDURE. 20
SECTION 29. EFFECTIVE DATES. 20
APPENDIX A EXECUTIVE MANAGEMENT 21
APPENDIX B SENIOR MANAGEMENT 22

[Remainder of page intentionally left blank.]
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1 SECTION 1. BASIC COMPENSATION PLAN AND DEFINITIONS.

A. A basic compensation plan is established for all Executive and Senior Management employees of the City of Orange who are now employed or will in the future be employed in any of the classifications of employment listed in this Resolution and its Appendices.

B. The compensation for the City Manager and City Attorney shall be established by contract and they shall receive those benefits and be governed by all applicable rules and regulations related to those benefits provided for Executive Management.

C. Whenever the term "Department Head" is used, it shall be understood to inclu de the City Manager and City Attorney when the personnel action affects a Department Head.

D. Whenever the term “Top Management” is used, it shall be understood to include all covered employees within this Resolution.

E. Whenever the term “Executive Management” is used, it shall be understood to include all classifications within Appendix A.

F. Whenever the term “Senior Management” is used, it shall be understood to include all classifications within Appendix B.

G. Except as amended by a written instrument formally approved by the City Council, the City Manager and City Attorney shall receive the fringe benefits that are afforded to Executive Management and shall have their compensation and terms of employment set forth herein.

SECTION 2. SALARY AND WAGE SCHEDULE.

The monthly salaries for employees covered by this Resolution are hereby incorporated, and listed in Appendices A and B.

The attached salary and wage schedules shall constitute the basic compensation plan consisting of six (6) steps or rates of pay in each range.

The respective ranges shall be identified by number and the steps by the letters A to F inclusive. The minimum length of service required for advancement to the next higher step is provided in Sections 5 and

6. The City Manager reserves the right to grant an additional salary increase of up to five percent (5.0%) for any classifications described herein in Appendices A and B. Any such increases shall not exceed a total cost of one percent (1.0%) of payroll for Top Management employees.

In an effort to avoid compaction between classifications, the following classification shall be compensated with a salary differential as follows:

The Police Chief shall be paid at least ten percent (10.0%) above the base salary of the Police Captain classification.

[Remainder of page intentionally left blank.]

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2 SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN.

The compensation ranges and steps contained in the attached salary schedule are monthly compensation rates.

For all employees covered by this Resolution, the hourly rate of pay shall be the monthly rate multiplied by 12 divided by 2080 annual hours. In determining the hourly rate, compensation shall be calculated to the nearest one-half (½) cent.

Part-time employees who are scheduled to work an average of at least 20 hours per week on a year-round basis may be considered for advancement to the next higher st ep upon completion of 2080 hours of employment.

SECTION 4. BEGINNING RATES.

A new employee of the City shall be paid the rate shown in Step A in the range allocated to the class of employment for which the employee has been hired, except that on the re quest of the Department Head under whom the employee will serve, and with the authorization of the Human Resources Director, such employee may be placed in Steps B through F depending upon the employee's qualifications.

SECTION 5. SERVICE.

The word service, as used in this Resolution, shall be defined to mean continuous, full-time service in the employee’s present classification, service in a higher classification, or service in a classification allocated to the same salary range and having generally similar duties and requirements.

A lapse of service by any employee for a period of time longer than thirty ( 30) days by reason of resignation or discharge eliminate s the accumulated length of service time of such employee for the purpose of this Resol ution. Employees re-entering the service of the City shall be considered as a new employee, except that the employee may and at the discretion of the City, be re-employed within one (1) year and placed in the same salary step in the appropriate compensation range as the employee was at the time of the separation of employment.

SECTION 6. ADVANCEMENT WITHIN SALARY RANGES.

The following regulations shall govern salary advancement:

A. Merit Advancement. An employee shall be considered for advancement through the salary range upon completion of the minimum length of service. The effective date of such merit increase, if granted, shall be the first day of the next pay period following the completion of the length of service required for such advancement. Advancement through the salary ranges Steps A through F may be granted only for continuous, meritorious, and efficient service, and continued improvement by the employee in the effective performance of the duties of the position. Such merit advancement shall require the following:

1) The Department Head shall file with the Human Resources Director a Personnel Action Form and a completed Performance Evaluation form recommending the granting or denial of the merit increase and supporting such recommendation with specific reasons therefor. If denied by the Human Resources Director, the reason for denial will be provided to the Department Head.

2) Advancements through the pay ranges Step A through Step F, shall occur, if granted, in yearly increments.
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3 3) A lapse of service of thirty (30) continuous calendar days or more for any reason shall extend the due date for the merit performance evaluation by an equal number of days absent.

B. Special Merit Advancement. When an employee demonstrates exceptional ability and proficiency in the performance of duties, the Department Head may recommend to the Human Resources Director that the employee be advanced to a higher pay step without regard to the minimum length of service requirements contained in this Resolution. With concurrence of the City Manager, t he Human Resources Director may, on the basis of a Department Head's recommendation, approve and effect such an advancement.

SECTION 7. REDUCTION IN SALARY STEPS.

Any employee who is being paid on a salary step higher than Step A may be reduced by one (1) or more steps upon the recommendation of the Department Head with the approval of the Human Resources Director. Such reduction shall take place only after the employee has been notified of the reasons and has had an opportunity to respond. Procedure for such reduction shall follow the same procedure as outlined for merit advancements in Section 6, and such employee may be considered for re-advancement under the same provisions as contained in Subsection A of Section 6.

SECTION 8. BILINGUAL ASSIGNMENT.

Employees covered by this Resolution may be assigned by the Department Head, with approval of the Human Resources Director, to a bilingual assignment. The Department Head shall determine the number of bilingual assignment positions which are necessary based upon a demonstrable need and frequency of use. Employees on bilingual assignment shall receive an additional $140.00 per month for the duration of the assignment. Employees receiving bilingual assignment compensation may be required to take and pass a proficiency test on an annual or as needed basis as determined by the Human Resources Department.

No permanency or seniority may be obtained in a bilingual assignment and such assignment may be revoked at any time by the Human Resources Director or a duly authorized designee. This form of pay, also referred to as “Bilingual Premium”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for classic members pursuant to CalPER S Regulations, Section 571(a)(4), and pensionable compensation for new members and pursuant to CalPERS Regulations, Section 571.1(b)(3).

SECTION 9. LONGEVITY FOR SAFETY CHIEFS.

A. In an effort to maintain equality with subordinate classifications, the Fire Chief shall be eligible for Longevity Pay as follows:

Years of Service Monthly
Incentive
20 $550.00
25 $750.00

B. In an effort to maintain equality with subordinate classifications, t he Police Chief shall be eligible for Longevity Pay as follows:

[Remainder of page intentionally left blank.]
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4 Years of Service Monthly
Incentive
15 $250.00
20 $500.00
25 $1,250.00

C. This form of pay, also referred to as “Longevity Pay”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for classic members pursuant to CalPERS Regulations, Section 571(a)(1), and pensionable compensation for new members pursuant to CalPERS Regulations, Section 571.1(b)(1).

SECTION 10. EDUCATIONAL INCENTIVE PROGRAM.

A. Employees covered by this Resolution, other than the Police Chief and Fire Chief, with postgraduate degrees (i.e., Master’s degree or higher) shall be eligible to receive $600.00 per month.

B. In an effort to maintain equality with subordinate classifications, the Fire Chief shall receive $550.00 per month for a Bachelor’s degree or $750.00 per month for a Master’s degree.

C. In an effort to maintain equality with subordinate classifications, the Police Chief shall receive $700.00 for a Bachelor’s degree or $950.00 per month for a Master’s degree.

D. This form of pay, also referred to as “Educational Pay”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(2), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(2).

SECTION 11. INCENTIVE PAY PLAN.

The City Manager may, for the employees covered by this Resolution, put into effect an incentive pay plan, the terms and conditions of which shall be at the City Manager’s full discretion.

SECTION 12. PROMOTION.

When an employee is promoted to a position in a higher classification, the employee may be assigned to the step in the new salary range which provides for at least a five percent (5 .0%) increase. With the approval of the Department Head and Human Resources Director, the employee may be placed in the step in the new salary range as will grant the employee an increase of at least one, but not more than three salary steps.

SECTION 13. DEMOTION.

When an employee is demoted to a position in a lower classification, the salary rate shall be fixed in the appropriate salary range for the lower classification in accordance with the following provisions:

A. The salary rate shall be reduced by at least one (1) step.

B. The new salary rate must be within the salary range for the classification to which the employee was demoted.

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5 SECTION 14. REASSIGNMENT OF COMPENSATION RANGES.

Any employee who is employed in a classification which is assigned to a di fferent pay range shall be retained in the same salary step in the new range as the employee previously held in the prior range, and shall retain credit for length of service in such step toward advancement to the next higher step; provided, however:

A. T hat if such retention results in the advancement of more than one (1) step, the Human Resources Director may at the time of reassignment, place the employee in a step which will result in an increase of only one step.

B. That if the reassignment is to a lower compensation range, the F step of which is lower than the existing rate of pay at the time of reassignment, the employee shall continue to be paid at the existing rate of pay until such time as the position is reassigned to a compensation schedule which will allow for further salary advancement, or until such time as the employee is promoted to a position assigned to a higher compensation range.

C. That if the reassignment is to a lower compensation range, the F step of which is higher than the existing rate of pay, the employee shall be placed in that step of the lower compensation range which is equivalent to the existing rate of pay, and shall retain credit for length of service previously acquired in such step toward advancem ent to the next higher step. If there is no equivalent step, the employee shall be placed in the step which is closest to, but not less than, the employee’s current salary step.

SECTION 15. AT-WILL STATUS.

Members of Top Management serve at the pleasure of the City Manager , with the exception of those members within the City Attorney’s Office who serve at the pleasure of the City Attorney. Consideration for advancement, reduction, demotion, termination, or reassignment shall be at the initiation of the City Manager or City Attorney, as applicable, and in accordance with the Orange Municipal Code. In addition, all employees covered by the Resolution are employed at-will and serve in accordance with Title 2 of the Orange Municipal Code.

SECTION 16. ACTING TIME PAY.

An employee shall receive acting time pay, as further defined below, at A Step of the higher class, or five percent (5.0%) above the employee's regular salary, whichever is greater, for work performed in the higher classification. The Department Head or the authorized designee shall assign the employee to work out of classification but shall notify the Human Resources Director prior to the assignment.

A. Temporary Upgrade Pay. When an employee is working out of classification due to an incumbent’s approved leave of absence, said employee shall receive a Temporary Upgrade Pay premium. Temporary Upgrade Pay, as defined by California Code of Regulations 571(a)(3), is “compensatio n to employees who are required by their employer or governing board or body to work in an upgraded position/classification of limited duration.”

The above form of compensation shall be reported to CalPERS as special compensation and therefore compensation earnable. However, Temporary Upgrade Pay will not be reported to CalPERS as pensionable compensation for “New Members” hired on or after January 1, 2013, as defined by the Public Employees’ Pension Reform Act of 2013 (PEPRA).

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6 B. Out-of-Class Appointment. Out-of-class appointments shall only be made for positions vacated due to voluntary resignation, promotion, demotion or termination. Gov. Code section 20480 of the Public Employees' Retirement Law (PERL) defines an “out -of-class appointment” to mean an a ppointment to an upgraded position or higher classification by an employer or governing board or body in a vacant position for a limited duration. For purposes of this section, a “vacant position” refers to a position that is vacant during recruitment for a permanent appointment. A vacant position does not refer to a position that is temporarily available due to another employee's leave of absence (see “Temporary Upgrade Pay” above).

SECTION 17. ADMINISTRATIVE LEAVE.

Employees covered by this Resolution are exempt from Fair Labor Standards Act overtime provisions as executive, administrative, and professional employees. This Resolution establishes a pay system which provides all covered employees with sick leave and other leave which covered employees use for purposes of public accountability. However, the City will provide paid administrative leave as follows:

A. Regular full-time employees identified in Appendix A shall accrue 80 hours of administrative leave annually for continuous service.

B. Regular full-time employees identified in Appendix B shall accrue 63 hours of administrative leave annually for continuous service.

C. Employees hired after January 1 st of each year shall receive a prorated portion of the administrative leave during their first calendar year of employment.

D. The minimum charge to the employee's administrative leave account shall be one-quarter (¼) hour, while additional actual absence of over one -quarter (¼) hour shall be charged to the nearest one-half (½) hour.

E. Usage of administrative leave shall be at the convenience of the City with the approval of the respective Department Head or City Manager.

F. All administrative leave shall accrue January 1st of each year.

G. Unused administrative leave at the end of the calendar year and upon retiring from City service and entering CalPERS as a retired annuitant shall be deposited in the employee’s Retirement Health Savings Plan account as described in Section 24(C).

H. Unused administrative leave upon separation for reasons other than r etirement shall be forfeited.

SECTION 18. HOLIDAYS.

Employees covered by this Resolution shall receive the following nine (9) -hour paid holidays (10 hours for employees assigned to Fire or Police Departments), except as provided in item 9 below:

1) January 1st (New Year’s Day)
2) The third Monday in February (Presidents’ Day)
3) Last Monday in May (Memorial Day)
4) July 4th (Independence Day)
5) First Monday in September (Labor Day)
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7 6) November 11th (Veterans Day)
7) Fourth Thursday in November (Thanksgiving Day)
8) Fourth Friday in November (Day after Thanksgiving)
9) One-half day (4.5 hours) before Christmas if December 24 th falls on a Monday through Thursday (Christmas Eve); Half day (5 hours) for employees assigned to Fire or Police Departments
10) December 25th (Christmas Day)

A. Floating Holidays. In addition to the above, employees will have credited to their paid leave balance 22.5 floating holiday hours beginning January 1st of each year. Employees hired after January 1 st of each year shall receive a prorated portion of the 22.5 floating holiday hours during their first calendar year of employment. The floating holiday hours shall be taken at the convenience of the City with the approval of the City Manager or the Department Head.

Unused floating holiday hours at the end of the calendar year or upon separation from City service shall be deposited in the employee’s Retirement Health Savings Plan account as described in Section 24(C).

B. Holidays on Certain Days of the Week. In the event any of the above holidays, except one - half day before Christmas, fall on a Sunday, the following day will be taken in lieu of the actual date on which the holiday falls. When any of the above holidays fall on a Saturday, except one-half day before Christmas, the preceding Friday will be taken in lieu of the actual date on which the holiday falls. When any of the above holidays falls on an employee’s regularly scheduled day off during the week, except one -half day before Christmas, employees will be credited with nine (9) hours (ten (10) hours for employees assigned to the Fire and Police Departments) of holiday compensatory time. Accumulated holiday compensatory time must be used by the employee by June 30th of the same fiscal year in which it was accumulated.

Unused holiday compensatory time shall be paid in cash to an employee upon separation of employment.

C. Eligibility to Receive Holiday Pay. In order to be eligible to receive holiday pay, an employee must have worked, or be deemed t o have worked because of a n approved absence, the employee's regularly scheduled day before and regularly scheduled day after the holiday.

Newly hired employees are provided with and are eligible to use floating holiday and fixed holiday hours, according to the guidelines established in this Section, and/or with approval of the Human Resources Director.

D. Holidays During Vacation. Should one of the holidays listed above fall during an employee's vacation period while an employee is lawfully absent with pay, the employee shall receive holiday pay and no charge shall be made against the employee's accumulated vacation.

SECTION 19. VACATION.

A. Vacation Accrual. All full-time regular employees described herein accrue paid vacation in accordance with the following schedules.

[Remainder of page intentionally left blank.]

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8 1) For Executive Management, the following schedule shall apply:

Years of Service Vacation Hours
Per Year Years of Service Vacation Hours
Per Year
1 144 16 208
2 149 17 212
3 154 18 216
4 159 19 220
5 164 20 224
6 170 21 228
7 172 22 232
8 176 23 236
9 180 24 240
10 184 25 244
11 188 26 248
12 192 27 252
13 196 28 256
14 200 29 260
15 204 30 264

2) For Senior Management, the following schedule shall apply:

Years of Service Vacation Hours
Per Year Years of Service Vacation Hours
Per Year
1 104 16 188
2 114 17 192
3 124 18 196
4 134 19 200
5 144 20 204
6 148 21 208
7 152 22 212
8 156 23 216
9 160 24 220
10 164 25 224
11 168 26 228
12 172 27 232
13 176 28 236
14 180 29 240
15 184 30 244

B. Vacation Usage and Accumulation. Vacation shall be taken at the convenience of the City with the approval of the Department Head. Where possible, such vacation should be taken annually and not accumulated from year to year. Employees shall not accumulate vacation in excess of the equi valent number of hours earned in the immediately preceding 24 -month period. Employees with less than one (1) year’s continuous service shall accrue vacation but may not use vacation until successful completion of one (1) year’s continuous service, except with the approval of the City Manager, or in the event of a City Hall holiday closure, with approval of the Human Resources Director. Employees whose accumulated vacation reaches the above -defined limit shall receive no additional vacation accrual until s uch time as the accumulated vacation hours fall below the allowable limit. 356

9 C. Vacation Conversion. An employee may convert up to 50% of their current annual vacation accrual into pay in lieu of time off with pay on an annual basis. An employee requesting such conversion must meet the eligibility requirements as set forth in Section 19(A)(1)(2) and may convert twice in a fiscal year, within the cap provisions stated above. Any exception to this provision requires the approval of the Human Resources Director.

D. Vacation Payout Upon Termination. Employees who terminate their employment with the City shall be paid for all accrued vacation, if any, and the prorated portion of their final accrual.

Prorated vacation shall be on the basis of one-twelfth (1/12) of the employee's annual vacation pay for each full month of service.

SECTION 20. PART -TIME, TEMPORARY, AND SEASONAL EMPLOYEES ELIGIBILITY FOR FRINGE BENEFITS.

A. Definitions. Nothing contained herein shall guarantee to any employee a specified number of hours per day or days per week or weeks per year or months per year of work.

1) Regular part-time employees shall be those employees scheduled in the budget to work 20 or more hours per week on a year-round basis (52 weeks minus approved leave).

2) Temporary part-time employees shall be those employees scheduled in the budget to work less than 20 hours per week on a year -round basis (52 weeks minus approved leave).

3) Seasonal employees shall be those employees who are scheduled in the budget to work on less than a year-round basis regardless of hours worked.

B. Entitlement to Fringe Benefits Based Upon Proration of Hours. Regular part-time employees shall receive fringe benefits in proportion to the number of hours an employee is scheduled to work to the normal 40-hour week on an annual basis.

The annual schedule for all eligible part -time employees shall be the schedule which is included in the City's approved budget or a schedule which is designated by Management at the commencement of the employee's employment with the C ity. This formula of proration shall apply to holiday pay, vacation, sick leave, flexible benefit contribution, disability insurance contribution, money purchase retirement plan, and CalPERS retirement contribution.

Regular part-time employees may receive step increases provided they have performed 2080 hours of service.

C. Temporary and seasonal employees shall be entitled to receive no fringe benefits provided for in the resolution or in any resolution of the City unless otherwise required by law.

SECTION 21. LEAVES OF ABSENCE.

A. Leave of Absence Without Pay. For all regular employees as described herein, the following Leave Without Pay procedure shall apply:

1) After all available lea ve benefits, including vacation, administ rative leave, floating holiday, compensatory time, sick leave, and other leave benefits have been completely used, a regular employee, not under suspension, may make written application to the 357

10 Department Head for leave without pay or benefits. No such leave will be considered absent a written application from the employee requesting leave.

2) If the Department Head and the Human Resources Director agree that such leave is merited and in the interest of the City, leave may be granted for a period not to exceed six (6) months following the date of expiration of all other allowable leave benefi ts.

The employee shall not be continued “in service” as that term is defined in this Resolution.

3) No employment or fringe benefits such as sick leave, vacation, health insurance, retirement, or any other benefits shall accrue to any employee on leave of absence without pay except as denoted under Section 21I. During such leave in excess of five (5) working days, no seniority shall be accumulated.

4) Subject to and consistent with the conditions of the group health, life or disability plan, coverage may b e continued during a leave, provided direct payment of the total premium by the employee is made through and as prescribed by the Payroll Division.

The City will pay up to six (6) months of the Flexible Benefit Plan contribution for employees who are on long term disability leave.

5) At the end of any approved leave, if the employee desires additional leave, written application must be made through the Department Head to the Human Resources Director at least ten (10) days before the end of the approved leave, stating the reasons why the additional leave is required and why it would be in the best interests of the City to grant such leave of absence. If such additional leave is merited and would still preserve the best interests of the City, the Human Resources Director may approve such extension of the leave of absence for a period up to, but not to exceed, an additional six (6) months.

6) If the employee does not return to work prior to or at the end of such leave of absence or extension of leave of absence, the City shall consider that the employee has abandoned their employment with the City and shall be terminated.

7) An employee on leave of absence must give the City at least seven (7) days’ written notice of their intent to return to work prior to returning to work.

8) Any employee who engages in outside employment during said leave of absence without prior notification and approval of the Human Resources Director and Department Head may be subject to termination.

9) Any employee who falsifies the reason for the request for said leave of absence may be terminated.

10) Such leave shall be granted on the same basis for pregnancy, childbirth, and other medically related conditions, except that such an employee shall retain their seniority rights.

11) Forms setting forth the benefits available or such other pertinent informati on shall be maintained for distribution in the Human Resources Department. 358

11 12) The City Manager will allow an employee to take a leave of absence without pay during a City Hall holiday closure without having to exhaust all accrued leave benefits on the books. During said closure, employees will not see a reduction in benefits, including no loss of eligibility for holiday pay, if Leave Without Pay hours are used during the closure (i.e. the day after Christmas and/or working day before the New Year’s day.)

B. Jury Duty and Services as Witness for City. When required to serve on a jury, all employees shall be provided with paid time off for a period of actual service required on the jury, provided all jury fees paid to the individual employee, less allowed aut omobile expenses, are turned over to the City. Once an employee has completed jury service, the employee must provide the Certificate of Jury Service to the immediate supervisor to qualify for jury duty compensation. If an employee is called as a witness on behalf of the City, the employee shall receive their normal pay for the time spent by the employee serving as a witness for the City.

An employee shall be required to pay any witness fees that accrue to the employee for witness service to the City as a condition of receiving normal pay while serving as a wi tness for the City. Any exceptions to this provision must meet the approval of the Human Resources Director.

C. Military Leave of Absence. If an employee is required to take military training two (2) weeks or more each year, the employee shall be entit led to military leave of absence under the provisions of State law, found in applicable sections of the Military and Veterans' Code. An employee must provide a copy of the military orders to the Human Resources Department to qualify for a military leave of absence.

D. Sick Leave. Sick leave with pay shall be allowed, credited, and accumulated in accordance with the following:

1) For employees working a regular 40 -hour week, eight (8) hours of sick leave will accrue for each month of continuous service.

2) All non-benefited employees shall receive sick leave as required by State law.

3) Sick leave will be charged at the rate of one-quarter (¼) hour for each one-quarter (¼) hour an employee is absent.

4) Employees who promote to Top Management shall have all their sick leave hours placed into a sick leave accrual bank.

5) Any employee eligible for sick leave with pay may use such leave for the following reasons:

(a) Medical and dental office appointments during work hours when authorized by the Department Head or a duly authorized designee; and/or

(b) Personal illness or physical incapacity resulting from causes beyond the employee's control, including pregnancy, childbirth, and other medically related conditions.

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12 6) Sick Leave Application. Sick leave may be applied only to absence caused by illness or injury of an employee and may not extend to absence caused by illness or injury of a member of the employee's family except as provided for in Subsection E below.

7) Sick Leave Charged. In any instance involving use of a fraction of a day's sick leave, the minimum charged to the employee's sick leave account shall be one -quarter (¼) hour, while additional actual absence of over one-quarter (¼) hour shall be charged to the nearest one-half (½) hour. Sick leave shall only be used for the purposes stated and the Department Head shall be responsible for control of employee abuse of the sick leave privilege.

Employees may, upon prior notice and in the complete discretion of the Department Head, be required to furnish a certificate issued by a licensed physician or nurse or other satisfactory written evidence of any subsequent illness.

8) Sick Leave Payout Progra m. Unused sick leave shall be paid off according to the following:

(a) Employees with sick leave usage of 0.0 to 27.0 hours per payroll calendar year will have the option to convert 40 hours of their unused sick leave to vacation in the first pay period of the following year.

(b) Employees with sick leave usage of 27. 25 to 36.0 hours per payroll calendar year may convert 30 hours of unused sick leave to vacation the following year.

(c) Employees must have a minimum balance of 180 hours of sick leave, combining both sick leave banks, available after conversion. In addition, no hours will be converted to vac ation if said conversion places the employee’s vacation bank over the maximum allowable accrual. Conversion of sick leave to vacation shall occur in the first pay period of January based upon sick leave usage during the previous payroll calendar year.

(d) Any sick leave converted to vacation shall be subject to the provisions described in Section 1 9. The employee must file a sick leave payout designation form each year, if eligible for the conversion of unused sick leave to vacation. If no designation form is filed, the hours will automatically remain in the employee's new sick leave accumulation account. Employees shall still be subject to the maximum vacation accrual at any given time equivalent to 24 months’ worth of accrued hours. Any request to conver t which exceeds the maximum vacation accrual allotted shall not be converted to vacation and shall remain in the employee’s sick leave bank.

(e) Upon retirement from employment with the City and entering the CalPERS as a retired annuitant, an employee with a minimum of five (5) years of continuous service to the City shall receive pay for 50% of all unused sick leave hours. The cash value of this unused sick leave payout will be deposited into the employee’s Retirement Health Savings Plan account, as describe d in Section 24(C).

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13 (f) Upon separation of employment from the City for any reason, other than retirement as noted in the preceding paragraph an employee shall receive no pay for the first 100 hours (0 to 100 hours) of accrued sick leave, but shall receive 25% pay for up to the next 100 hours, (101 to 200 hours) of accrued sick leave, and 50% pay of any remaining sick leave (201 to 352 hours). No pay shall be received for any accruals higher than 352 hours.

(g) Upon the death of an employee while employed by the City, 100% of all accrued sick leave benefits up to 352 hours shall be paid to the beneficiary of the deceased employee. Payment will be made when proper authorization for payment is received from the estate of the decedent employee.

E. Family Leave. In accordance with the California Family Sick Leave and Paid Sick Leave Acts, an employee is allowed up to forty eight (48) hours of family leave per calendar year for family illness which shall be charged against the employee's accumulated sick leave. Family as used in this subsection is limited to any relation by blood, marriage or adoption who is a member of the employee’s household (under the same roof); and any parent, substitute parent, parent -in- law, spouse, registered domestic partner, child, brother, sister, grandchild or grandparent of the employee, regardless of residence. Part-time benefited employees are allowed to use up to one-half of their annual accrual of sick leave for family leave purposes.

F. Bereavement Leave. Regular full-time employees shall be entitled to take up to three (3) days of paid City bereavement leave per incident. An additional two (2) days of leave may be taken from existing leave accruals, for a maximum of five (5) days total per incident. The following terms and conditions apply:

1) Bereavement leave may only be used upon the death or critical illness where death appears to be imminent of the employee's immediate family. "Immediate family" as used in this subsection, shall be limited to any relation by blood, marriage or adoption, who is a member of the employee's household (living at the same address) and any parent, legal guardian, parent -in-law, brother -in-law, sister -in-law, grandparent, grandchild, aunt, uncle, spouse, registered domestic partner, child, brother, or sister of the employee regardless of residence.

2) Days of absence due to bereavement leave shall not exceed five (5) working days per incident and shall not be deducted from the employee's accumulated sick leave. An employee on bereavement leave shall inform the immediate supervisor of the fact and the reasons therefor as soon as possible. Failure to inform the immediate supervisor within a reasonable period of time may be cause for denial of bereavement leave with pay for the period of absence.

G. Workers’ Compensation Leave for Safety Employees. For the classifications of Fire Chief and Police Chief, salary continuance, including Labor Code Section 4850 leave, will be provided in accordance with current State Workers’ Compensation laws and regulations.

H. Workers’ Compensation Leave for Non-Safety Employees. For the remaining classifications described in Append ices A and B herein, Workers’ Compensation leave shall be granted as follows:

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14 1) A regular employee shall be granted temporary disability leave in accordance with the current State Workers’ Compensation laws and regulations. When a City employee is entitled to recei ve temporary disability payments, the City will contribute additional compensation to allow the employee to receive 100% of their regular rate of pay, or provide full salary continuance, for the first 365 days starting from the date of injury.

Temporary disability leave in excess of 365 days will be provided subject to current State Workers’ Compensation laws and regulations.

2) Should it be determined by the employee’s doctor, or an agreed doctor by both parties, or an Administrative Law Judge through the Workers’ Compensation Appeals Board that an employee's illness or injury did not arise in the course of the employee's employment with the City and/or that the employee is not temporarily incapacitated, then the employee's accrued, or if insuff icient, future sick leave , shall be charged to reimburse the City for any payments made to the employee pursuant to above.

3) An employee receiving benefits pursuant to Workers’ Co mpensation Temporary Disability will continue to receive the City’s contributi on to the employee’s medical, dental, vision and other applicable insurances. All authorized deductions will continue as though the employee is on regular work status. If the employee has exhausted Temporary Disability benefits, the employee shall be respo nsible for paying the full premium for the employee’s medical, dental, vision, and other applicable insurances.

4) Temporary Disability leave shall expire when the first of any of the following conditions occur:

(a) The employee is able to return to work and a ssume the duties of the regular position.

(b) The employee is able to return to work to another position designated by the City.

(c) The day before the employee is retired or separated for disability. The employee's "retirement date" shall be determined by CalPERS.

5) Before a work -related injury, an employee may elect to pre -designate a qualified medical provider if done in accordance with Workers’ Compensation laws and regulations.

I. Family Care and Medical Leave (FCML). State and Federal laws require the City to provide family and medical care leave for eligible employees. The following provisions set forth employees' and employer's rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 (FMLA) and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA) (Government Code Section 12945.2). Unless otherwise provided, "Leave" under this article shall mean leave pursuant to the FMLA and CFRA. An employee's request for leave is subject to review and final approval of the Human Resources Director.

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15 1) Amount of Leave. Eligible employees are entitled to a total of 12 work weeks of leave during any 12-month period. An employee's entitlement to leave for the birth or placement of a child for adoption or foster care expires 12 months after the birth or placement.

The 12 -month period for calculating leave entitlement will be a "rolling period" measured backward from the date leave is taken and continues with each additional leave day taken. Thus, whenever an employee requests leave, the City will look back over the previous 12 -month period to determine how much leave has been used in determining how much leave a member is entitled to.

2) Use of Other Accrued Leaves While on Leave. If an employee requests leave for any reason permitted under the law, the employee must exhaust all accrued leaves (except sick leave) in connection with the leave. This includes vacation, holiday, and other compensatory accruals. If an employee requests leave for the employee’s own serious health condition, in addition to exhausting accrued leave, the employee must also exhaust sick leave. The exhaustion of accrued leave will run concurrently with the Family Care and Medical Leave.

3) Required Forms. Employees must fill out required forms, avai lable in the Human Resources Department, including: Request for Family or Medical Leave; Medical Certification; Authorization for Payroll Deductions for benefit plan coverages (if applicable); and Fitness-for-Duty to return from leave.

SECTION 22. HEALTH INSURANCE.

The City contracts with CalPERS to make available those health insurance benefits provided under the Public Employees' Medical and Hospital Care Act (PEMHCA).

A. Retired Annuitant. The City shall contribute toward the payment of premi ums under the CalPERS Health Benefits Plan to each eligible retire d annuitant of CalPERS to the extent required by law, a contribution of $151.00 per month ($157.00 for 2024). This contribution shall be adjusted annually on January 1 st to the amount set by the CalPERS Board of Administration.

B. Flexible Benefits Plan. The City shall provide a Section 125 Flexible Benefits Plan for active full-time and part-time eligible employees and pay the following monthly amounts to provide funds for optional health plans , dental plans, vision plans, health care reimbursement, dependent care, or cash as established by the Internal Revenue Service. The following amounts include the minimum amount required under PEMCHA, which is $151.00 per month ($157.00 for 2024). This contribution shall be adjusted annually on January 1st to the amount set by the CalPERS Board of Administration.

C. Any amounts in excess of the amount designated in Section 22B necessary to maintain benefits under any benefits plan selected by the employee shall be borne by the employee.

Effective Date Executive
Management
Senior
Management
January 1, 2023 $2,265.00 $1,955.00
January 1, 2024 $2,340.00 $2,030.00
363

16 D. An employee cannot be enrolled in the CalPERS Health Benefits Plan if a spous e is enrolled in the City or enrolled in an agency with CalPERS health, unless the employee (or the spouse) is enrolled without being covered as a family member. Additionally, an employee may choose not to be enrolled in the Health Benefits Plan. If an employee chooses to not be enrolled in the health plan, the employee must provide proof, as determined by the Human Resources Director, that comparable medical insurance is in full force and effect. Based on determination that insurance is in full force and effect, eligible employees shall receive the amount designated below.

1) Employees who were members of Top Management on or before December 31, 2020, OR have a hire date prior to July 1, 2019 (with the exception of the Police Chief and Fire Chief), shall receive indefinitely a capped fixed amount towards the Flexible Benefit Plan as follows: Executive Management shall receive $2,265.00 per month, and members of Senior Management shall receive $1,955.00 per month.

2) Employees in the classifications of Police Chief or Fire Chief with a hire date prior to March 29, 2020, shall receive indefinitely a capped fixed amount of $2,265.00 per month towards the Flexible Benefit Plan.

3) For employees that do not meet the cr iteria of Sections 1 or 2 above, Executive Management shall receive $750.00 per month, and members of Senior Management shall receive $500.00 per month.

In the event the employee loses eligibility (with documentation), the employee must enroll in the CalPERS Health Benefits Plan pursuant to their rules and regulations. Failure to do so within sixty (60) days, shall result in the City seeking reimbursement of said contributions.

SECTION 23. OTHER INSURANCES.

A. Life Insurance.

1) For Executive Management, the City shall contribute the full premium towards a $200,000.00 life insurance benefit.

2) For Senior Management , the City shall contribute the full premium towards a $100,000.00 life insurance benefit.

B. Disability Insurance. The City shall provide a long term disability plan with a long term disability benefit of two-thirds of salary, after a 60 -day elimination period, to a maximum of $12,000.00 per month for Executive Management, and a maximum of $10,000.00 per month for Senior Management.

C. Medicare Insurance. The City shall pay for the employee's portion of the contribution for Medicare coverage for all employees hired after March 31, 1986.

364

17 SECTION 24. RETIREMENT.

A. The City participates in the California Public Employees’ Retirement System (CalPERS). This participation shall include, but is not limited to, the following retirement benefits:

1) Miscellaneous Retirement Formula – New Members. Miscellaneous employees who are New Members of CalPERS as defined by California Government Code Section 7522.04(f) are subject to the 2% @ age 62 retirement formula as set forth in California Government Code Section 7522.20. These New Members are subjec t to the three (3) year final compensation measurement period as set forth in California Government Code Section 7522.32. These New Members shall contribute half of normal cost of retirement as determined by CalPERS from their pensionable compensation, on a pre- tax basis, as set forth in California Government Code Section 7522.30. In all other respects, New Members shall be subject to the terms and requirements of Public Employees’ Pension Reform Act (PEPRA).

2) Miscellaneous Retirement Formula – Classic Members. Miscellaneous employees who are not defined as New Members as outlined in S ubsection 1 above are defined as Classic Members of CalPERS and are subject to the 2.7% @ age 55 retirement formula as set forth in Section 21354.5 of the California Govern ment Code. These Classic Members are subject to the one (1) year final compensation measurement period set forth in California Government Code Section 20042. These Classic Members shall contribute 8% of their compensation earnable, on a pre-tax basis.

3) Safety Retirement Formula – New Members. Safety employees who are New Members of CalPERS as defined by California Government Code Section 7522.04(f) are subject to the 2.7% @ age 57 retirement formula as set forth in California Government Code Section 752 2.25(d). These New Members are subject to the three (3) year final compensation measurement period set forth in California Government Code Section 7522.32. These New Members shall contribute fifty percent of normal cost of retirement as determined by CalPERS from their pensionable compensation, on a pre- tax basis, as set forth in California Government Code Section 7522.30(c). In all other respects, New Members shall be subject to the terms and requirements of PEPRA.

4) Safety Retirement Formula – Classic Members. Safety employees who are not defined as New Members as outlined in Subsection 3 above are defined as Classic Members of CalPERS and are subject to the 3% @ age 50 retirement formula as set forth in Section 21362.2 of the California Government Co de. These Classic Members are subject to the one (1) year final compensation measurement period as set forth in California Government Code Section 20042. These Classic Members shall contribute 9% of their compensation earnable, on a pre-tax basis.

5) 1959 CalPERS Survivor Benefit. The City provide s the 1959 CalPERS Survivor Benefit at the Fourth Level Option (California Government Code Section 21574) for all covered employees. Employees shall pay their $2.00 monthly contribution through payroll deduction. The City shall pay the employer portion subject to the following limit: in the event the employer portion exceeds $6.00 monthly, employees shall pay any portion of the employer portion that exceeds $6.00 monthly.

365

18 B. Money Purchase Retirement Plan. The City provides a Money Purchase Retirement Plan for employees covered by this resolution. The City shall contribute an amount equal to three percent (3.0%) of the employees' base salary as shown in Appendices A and B toward an IRS Section 401(a) account. In lieu of this City provided benefit, the employee may elect to have added to the employee’s base salary an additional three percent (3 .0%), however this three percent (3.0%) is not reported to CalPERS as pensionable compensation. This election can be made only upon initial employment and is irrevocable.

C. Retirement Health Savings Plan. Effective October 1, 2002, the City Council approved a Retirement Health Savings Plan for employees covered by this Resolution. Effective January 1, 2008, all Top Management employees are required to participate in the plan by making the following tax-deferred contributions to the plan:

1) The cash value of the employee’s unused floating holiday hours at the end of each calendar year or upon separation from City service;

2) The cash value of the employee’s unused administrative leave balance at the end of each calendar year or upon retirement from City service and entering CalPERS as a retired annuitant; and

3) The full cash value of the employee’s unused sick leave payout upon retirement from City service (i.e., 50% of all unused sick leave hours for qualified employees) and entering CalPERS as a retired annuitant.

SECTION 25. OTHER FRINGE BENEFITS.

A. Wellness Program. Senior Management employees may receive up to $550.00 per fiscal year ($850.00 for Executive Management) towards reimbursement for items 1, 2, 3, and/or 4 below.

Requests for the items below must be approved, prior to purchase or participation, by the Human Resources Director.

1) Membership in a health/fitness club.
2) Participation in a weight loss/smoking cessation/wellness/fitness program. 3) Fitness equipment (home gym equipment).
4) An annual medical examination/scan where the content and extent of the examination of each individual shall be determined by the physician in charge and shall be tailored to the individual's particular needs.

The City will not reimburse employees for any of the above listed activities for family/dependent health related expenses.

B. Educational Assistance. The City will reimburse employees for the cost of tuition, textbooks, parking fees, and health fees required for approved community college and college courses, as well as job-required licensing, testing, renewal, and registration fees. An approved cour se is one designated to directly improve the knowledge of the employee relative to their specific job, and must be approved by the Department Head and the Human Resources Director prior to registration. Full reimbursement up to the amount specified below will be provided based upon completion of the approved course(s) with a final grade of C or better.

366

19 Educational assistance payments to an employee shall not exceed $1,500.00 in any one fiscal year and the employee must still be employed by the City when the course is completed.

The City agrees to allow reimbursement to Executive Management up to $1,000.00, and Senior Management up to $800.00 of the $1,500.00 allotted per fiscal year for activities which aid in their professional development. Reimbursable activities include the following:

1) Attendance at job-related professional conferences and seminars; 2) Payment of membership dues in community and professional organizations; and 3) Purchase of job-related professional journals, books, and other written materials which further their knowledge and improve their effectiveness in their duties.

Participation and/or purchase must be approved in advance by the Department Head and the Human Resources Director.

The above reimbursable activities are made to recognize a nd encourage staff to pursue educational and public relations-oriented activities beyond those normally budgeted for them by their departments and in which they are directed to participate. Approved activities are those which may be expected to further their knowledge of their jobs and the Orange community and which contribute to their improved effectiveness.

Individual departments may continue to budget funds for staff attendance at professional conferences and seminars, for payment of professional membership dues, and for the purchase of books, journals, and related written materials which enhance the staff's knowledge.

C. Uniforms. The City shall pay and report to CalPERS the following values for uniform expenses: $1,000.00 per year for the Fire Chief, $1,000.00 per year for the Police Chief, and $400.00 per year for the Emergency Medical Services Manager and $400.00 per year for the Senior Emergency Medical Services Manager. This form of pay, also referred to as “Uniform Allowance”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for C lassic Members pursuant to CalPERS Regulations, Section 571(a)(5). This uniform expenditure will not be reported to CalPERS as pensionable compensation for New Members hired on or after January 1, 2013, as defined by PEPRA.

D. Rideshare Incentive Program. An employee may receive $30.00 per month and eight (8) hours compensatory time every six (6) months for carpooling, using public transportation, biking, walking, or other approved modes of transportation to and from the work-site. To qualify for these incentives, an employee must use one of the above forms of transportation 70% of commuting time. This $30.00 per month compensation is not pension reportable pursuant to CalPERS Regulations.

E. Technology Stipend. In lieu of being provided a City -issued cell phone pursuant to Section

1.63 of the City’s Administrative Policy Manual, designated employees shall receive $50 .00 per month as reimbursement for any and all cost related to the purchase and use of a cell phone for City-related business. For purposes of this section, designated employees are those that the Department Head have determined are required to carry cell phones so that they may be contacted when they are away from their office phone or computer. This $50.00 per month compensation is not pension reportable pursuant to CalPERS Regulations.

367

20 SECTION 26. DIRECT DEPOSIT.

All employees must participate in the City’s direct deposit paycheck program.

SECTION 27. TRAVEL EXPENSE ALLOWED.

A. Mileage Reimbursement. Expense claims for the use of private automobiles must be authorized by the Department Head, and submitted to the Accounts Payable Division of the Finance Department for reimbursement. Such use, where mileage is reimbursed, will be reimbursed at the rate per mile allowed under the current IRS regulations.

B. Out-of-City Travel. If the estimated expense of contemplated travel outside of the City is too great to expect the employee to finance the trip and be reimbursed upon the employee’s return, the City M anager may authorize advance payment of the estimated amount of the travel expense to the employee.

C. Economy class airfare will be considered standard for out-of-town travel.

D. Use of personal cars for out -of-City trips, within the State, may be approved by the City Manager when use of commercial transportation is not available or practical. If an employee prefers to use a personal car, the employee may be reimbursed mileage expenses as long as the expenses do not exceed the amount of the cost of the commercial transportation.

E. Transportation and Expense Charges. Expenses for air, rail, or public transportation will be allowed whenever such transportation is necessary for conduct of City business. In addition, the following expenses and charges will be allowed, whenever necessary, for the conduct of City business.

1) Expenses will be allowed for adequate lodging. Hotel accommodations shall be appropriate to the purpose of the trip and must be approved by the Department Head. 2) Telephone charges will be allowed for official calls. 3) Expenses for meals will be reimbursed according to Administrative Policy 4.13.

SECTION 28. GRIEVANCE PROCEDURE.

Any employee covered by this Resolution who wishes to file a grievance should follow the procedures outlined in the City’s Employee Handbook.

SECTION 29. EFFECTIVE DATES.

This Resolution and Appendices hereto shall be effective as of July 1, 2023 and shall continue in full force and effect until June 30, 2024 unless otherwise amended.

[Remainder of page intentionally left blank.]

368

21 APPENDIX A

EXECUTIVE MANAGEMENT

MONTHLY SALARY RANGES
EFFECTIVE JULY 16, 2023

4.0% Across the Board Salary Increase

5.0% Salary Increase for Fire Chief and Police Chief

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Administrative Services Director 748 14873 15634 16428 17268 18148 19073 Assistant City Manager 757 15557 16352 17183 18061 18982 19950 City Clerk Services Director 652 9214 9686 10178 10697 11244 11816 Community Development Director 738 14150 14873 15629 16427 17265 18145 Community Services Director 733 13801 14507 15244 16023 16840 17699 Finance Director 738 14150 14873 15629 16427 17265 18145 Fire Chief 763 16030 16849 17706 18610 19560 20557
Human Resources Director 733 13801 14507 15244 16023 16840 17699 Library Services Director 703 11883 12491 13126 13796 14500 15239 Police Chief 784 17802 18712 19664 20668 21722 22830
Public Works Director 738 14150 14873 15629 16427 17265 18145

EFFECTIVE JULY 3, 2022

3.0% Across the Board Salary Increase

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Administrative Services Director1 740 14291 15022 15786 16592 17438 18327 Assistant City Manager2 749 14948 15712 16511 17354 18239 19169 City Clerk Services Director 644 8854 9307 9780 10279 10804 11354 Community Development Director3 730 13596 14291 15018 15785 16590 17436 Community Services Director4 725 13261 13939 14648 15396 16181 17006 Finance Director5 730 13596 14291 15018 15785 16590 17436 Fire Chief 753 15249 16029 16844 17704 18607 19555
Human Resources Director6 725 13261 13939 14648 15396 16181 17006 Library Services Director 695 11418 12002 12612 13257 13933 14643 Police Chief7 774 16935 17801 18706 19661 20664 21718
Public Works Director8 730 13596 14291 15018 15785 16590 17436

1. Administrative Services Director classification receives an equity adjustment of 7.0%.

2. Assistant City Manager classification receives an equity adjustment of 6.0%.

3. Community Development Director classification receives an equity adjustment of 8.0%.

4. Community Services Director classification receives an equity adjustment of 8.0%.

5. Finance Director classification receives an equity adjustment of 10.5%.

6. Human Resources Director classification receives an equity adjustment of 8.0%.

7. Police Chief classification receives an internal compaction adjustment of 5.0%.

8. Public Works Director classification receives an equity adjustment of 2.0%. 369

22 APPENDIX B

SENIOR MANAGEMENT

MONTHLY SALARY RANGES

EFFECTIVE JULY 16, 2023

4.0% Across the Board Salary Increase

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Accounting Manager1 642 8766 9215 9682 10177 10696 11242 Administrative Analyst I 562 5882 6182 6498 6829 7177 7543 Administrative Analyst II 582 6499 6831 7179 7545 7930 8335 Assistant City Attorney I 688 11027 11590 12180 12802 13455 14140 Assistant City Attorney II 698 11590 12183 12802 13456 14143 14864 Assistant Community Devel. Director 696 11475 12062 12675 13323 14002 14716 Assistant Community Services Director 683 10755 11305 11880 12486 13123 13792 Assistant Field Services Manager 663 9734 10232 10752 11300 11878 12482 Assistant Finance Director 683 10755 11305 11880 12486 13123 13792 Assistant Human Resources Director 683 10755 11305 11880 12486 13123 13792 Assistant Library Services Director 642 8766 9215 9682 10177 10696 11242 Assistant Public Works Director 708 12183 12806 13457 14145 14866 15624 Assistant to the City Manager 632 8340 8766 9211 9682 10176 10694 Assistant Water Manager 663 9734 10232 10752 11300 11878 12482 Budget Manager 632 8340 8766 9211 9682 10176 10694
Budget Officer 622 7934 8340 8763 9211 9681 10174
Building and Safety Manager 663 9734 10232 10752 11300 11878 12482 Chief Building Official 683 10755 11305 11880 12486 13123 13792 Crime Analyst 580 6435 6763 7108 7470 7851 8252
Deputy City Clerk 584 6564 6899 7251 7621 8009 8418
Deputy City Manager 696 11475 12062 12675 13323 14002 14716 Deputy Public Works Director 698 11590 12183 12802 13456 14143 14864 Economic Development Manager 683 10755 11305 11880 12486 13123 13792 Economic Development Project Manager 632 8340 8766 9211 9682 10176 10694 Emergency Manager 647 8987 9447 9927 10434 10967 11525
Emergency Medical Services Manager 647 8987 9447 9927 10434 10967 11525 Employee Benefits Analyst 575 6276 6596 6933 7286 7658 8049 Equipment Maint. Superintendent 635 8465 8898 9351 9828 10330 10856 Executive Assistant 529 4990 5244 5512 5793 6088 6399
Executive Assistant to the Chief 549 5513 5795 6089 6401 6727 7070 Field Services Manager 683 10755 11305 11880 12486 13123 13792 Finance Manager 614 7624 8014 8421 8851 9302 9776
Financial Analyst 586 6630 6969 7324 7697 8090 8503
Housing Manager 632 8340 8766 9211 9682 10176 10694

370

23 APPENDIX B (CONTINUED)

SENIOR MANAGEMENT

MONTHLY SALARY RANGES

CLASSIFICATION TITLE RANGE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Human Resources Analyst I 567 6031 6338 6662 7001 7358 7734 Human Resources Analyst II 594 6900 7253 7621 8010 8419 8848 Human Resources Manager 663 9734 10232 10752 11300 11878 12482 Information Technology Manager 683 10755 11305 11880 12486 13123 13792 Information Technology Project Manager 663 9734 10232 10752 11300 11878 12482 Intergovernmental & Comm Affairs Mgr 674 10283 10809 11359 11938 12547 13187 Internal Audit Manager 632 8340 8766 9211 9682 10176 10694 Investment/Revenue Officer 602 7181 7548 7931 8336 8762 9208 Manager of Trans Svcs/City Traffic Eng 683 10755 11305 11880 12486 13123 13792 Network/Security Analyst 613 7586 7974 8379 8807 9256 9727 Parks and Facilities Manager 663 9734 10232 10752 11300 11878 12482 Payroll Manager 632 8340 8766 9211 9682 10176 10694
Planning Manager 683 10755 11305 11880 12486 13123 13792 Principal Civil Engineer 663 9734 10232 10752 11300 11878 12482 Principal Planner 652 9214 9686 10178 10697 11244 11816 Public Affairs & Information Manager 632 8340 8766 9211 9682 10176 10694 Public Works Administrative Manager 632 8340 8766 9211 9682 10176 10694 Purchasing Officer 614 7624 8014 8421 8851 9302 9776
Recreation Services Manager 653 9261 9734 10229 10751 11300 11875 Risk Management Analyst 565 5971 6275 6596 6931 7285 7657 Risk Manager 667 9930 10438 10969 11528 12117 12734
Senior Administrative Analyst 612 7548 7934 8337 8763 9210 9679 Senior Assistant City Attorney 718 12806 13461 14145 14868 15626 16423 Senior Assistant to the City Manager 663 9734 10232 10752 11300 11878 12482 Senior Econ Development Project Mgr 658 9494 9980 10487 11022 11585 12175 Senior Emergency Medical Svcs Mgr 683 10755 11305 11880 12486 13123 13792 Senior Executive Assistant to the City
Council and the City Manager
579 6403 6729 7073 7433 7812 8211
Senior Housing Manager 658 9494 9980 10487 11022 11585 12175 Senior Human Resources Analyst 624 8014 8423 8851 9303 9779 10276 Senior Library Manager 622 7934 8340 8763 9211 9681 10174 Systems Analyst 613 7586 7974 8379 8807 9256 9727
Water Manager 683 10755 11305 11880 12486 13123 13792

1. Accounting Manager classification receives an equity adjustment of 5.0%

371

24 APPENDIX B (CONTINUED)

SENIOR MANAGEMENT

MONTHLY SALARY RANGES

EFFECTIVE JULY 3, 2022

3.0% Across the Board Salary Increase

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Accounting Manager 624 8014 8423 8851 9303 9779 10276
Administrative Analyst I 554 5652 5940 6243 6562 6896 7248 Administrative Analyst II 574 6245 6563 6898 7250 7620 8008 Assistant City Attorney I 680 10595 11137 11703 12301 12928 13587 Assistant City Attorney II 690 11137 11707 12302 12930 13590 14282 Assistant Community Devel. Director 688 11027 11590 12180 12802 13455 14140 Assistant Community Services Director 675 10335 10863 11415 11998 12610 13253 Assistant Field Services Manager 655 9354 9832 10332 10859 11413 11994 Assistant Finance Director 675 10335 10863 11415 11998 12610 13253 Assistant Human Resources Director 675 10335 10863 11415 11998 12610 13253 Assistant Library Services Director 634 8423 8854 9304 9779 10278 10802 Assistant Public Works Director 700 11707 12305 12931 13591 14284 15013 Assistant to the City Manager 624 8014 8423 8851 9303 9779 10276 Assistant Water Manager 655 9354 9832 10332 10859 11413 11994 Budget Manager 624 8014 8423 8851 9303 9779 10276
Budget Officer 614 7624 8014 8421 8851 9302 9776
Building and Safety Manager2 655 9354 9832 10332 10859 11413 11994 Chief Building Official 675 10335 10863 11415 11998 12610 13253 Crime Analyst 572 6183 6498 6830 7178 7544 7929
Deputy City Clerk 576 6308 6629 6968 7323 7696 8089
Deputy City Manager 688 11027 11590 12180 12802 13455 14140 Deputy Public Works Director 690 11137 11707 12302 12930 13590 14282 Economic Development Manager 675 10335 10863 11415 11998 12610 13253 Economic Development Project Manager 624 8014 8423 8851 9303 9779 10276 Emergency Manager 1 639 8636 9078 9539 10026 10538 11075 Emergency Medical Services Manager 639 8636 9078 9539 10026 10538 11075 Employee Benefits Analyst 567 6031 6338 6662 7001 7358 7734 Executive Assistant 521 4794 5039 5296 5566 5850 6148
Executive Assistant to the Chief 541 5297 5568 5851 6150 6463 6793 Field Services Manager 675 10335 10863 11415 11998 12610 13253 Finance Manager 606 7325 7700 8091 8504 8938 9394
Financial Analyst 578 6371 6696 7037 7396 7773 8170
Housing Manager 624 8014 8423 8851 9303 9779 10276
Human Resources Analyst I 559 5795 6090 6401 6727 7070 7431

372

25 APPENDIX B (CONTINUED)

SENIOR MANAGEMENT

MONTHLY SALARY RANGES

CLASSIFICATION TITLE RANGE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Human Resources Analyst II 586 6630 6969 7324 7697 8090 8503 Human Resources Manager 655 9354 9832 10332 10859 11413 11994 Information Technology Manager 675 10335 10863 11415 11998 12610 13253 Information Technology Project Manager 655 9354 9832 10332 10859 11413 11994 Intergovernmental & Comm Affairs Mgr 666 9881 10386 10914 11471 12057 12671 Internal Audit Manager 624 8014 8423 8851 9303 9779 10276 Investment/Revenue Officer 594 6900 7253 7621 8010 8419 8848 Manager of Trans Svcs/City Traffic Eng 675 10335 10863 11415 11998 12610 13253 Network/Security Analyst 605 7289 7662 8051 8462 8894 9347 Parks and Facilities Manager 655 9354 9832 10332 10859 11413 11994 Payroll Manager 624 8014 8423 8851 9303 9779 10276
Planning Manager 675 10335 10863 11415 11998 12610 13253 Principal Civil Engineer 655 9354 9832 10332 10859 11413 11994 Principal Planner 644 8854 9307 9780 10279 10804 11354
Public Affairs & Information Manager 624 8014 8423 8851 9303 9779 10276 Public Works Administrative Manager 624 8014 8423 8851 9303 9779 10276 Purchasing Officer 606 7325 7700 8091 8504 8938 9394
Recreation Services Manager 645 8898 9354 9829 10330 10858 11411 Risk Management Analyst 557 5737 6030 6338 6661 7000 7357 Risk Manager 659 9541 10030 10539 11077 11643 12236
Senior Administrative Analyst 604 7253 7624 8011 8420 8850 9300 Senior Assistant City Attorney 710 12305 12934 13592 14286 15015 15780 Senior Assistant to the City Manager 655 9354 9832 10332 10859 11413 11994 Senior Econ Development Project Mgr 650 9123 9590 10077 10591 11132 11699 Senior Emergency Medical Svcs Mgr 675 10335 10863 11415 11998 12610 13253 Senior Executive Assistant to the City
Council and the City Manager 571 6152 6466 6795 7143 7507 7889 Senior Housing Manager 650 9123 9590 10077 10591 11132 11699 Senior Human Resources Analyst 616 7700 8094 8505 8940 9396 9874 Senior Library Manager 614 7624 8014 8421 8851 9302 9776 Systems Analyst 605 7289 7662 8051 8462 8894 9347
Water Manager 675 10335 10863 11415 11998 12610 13253

1. Retitle the Emergency Preparedness Manager classification to Emergency Manager effective July 3, 2022 pursuant to Resolution No. 11410.

2. Classification of Building and Safety Manager was established effective July 3, 2022 pursuant to Resolution No. 11410.

373
RESOLUTION NO. 11481

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE RESCINDING RESOLUTION
NO. 11476 AND AMENDING THE CITYWIDE PAY

SCHEDULE IN ACCORDANCE WITH THE

REQUIREMENTS OF CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 570.5

WHEREAS, the City of Orange, (“City”), contracts with the California Public Employees’ Retirement System to provide retirement benefits for its employees; and

WHEREAS, per California Code of Regulations, Title 2, Section 570.5 (“Regulation 570.5”), the amount of “compensation earnable” pursuant to the Government Code is limited to the payrate listed on a pay schedule that meets certain requirements; and

WHEREAS, the attached Citywide Pay Schedule meets the following requirements of Regulation 570.5: (1) is duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meeting laws; (2) identifies the position title of every employee; (3) shows the pay rate for each position; (4) indicates the time base for each pay rate; (5) is posted at the office of the employer or immediately accessible for public review during normal business hours or posted on the employer’s internet website; (6) indicates an effective date and date of any revisions; (7) is retained by the employer and available for public inspection for a period not less than five years; and (8) does not reference another document in lieu of disclosing the pay rate; and

WHEREAS, on July 11, 2023, the City Council approved Resolution No. 11480, relating to the classification, compensation, and terms of employment of Executive Management and Senior Management Employees, with an effective date of July 16, 2023.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that Resolution No. 11476 is hereby rescinded, and the attached revised Citywide Pay Schedule is approved and incorporated.

ADOPTED this 11th day of July 2023.

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange
374
2 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

Attachment:

Citywide Pay Schedule – July 16, 2023
375
Classification Title Effective Salary Type Range Step A Step B Step C Step D Step E Step F Step G Step H Accountant 1/1/2023 Monthly 562 5,882 6,182 6,498 6,829 7,177 7,543 Accounting Manager 7/16/2023 Monthly 642 8,766 9,215 9,682 10,177 10,696 11,242 Administrative Analyst I 7/16/2023 Monthly 562 5,882 6,182 6,498 6,829 7,177 7,543 Administrative Analyst II 7/16/2023 Monthly 582 6,499 6,831 7,179 7,545 7,930 8,335 Administrative Assistant 1/1/2023 Monthly 510 4,538 4,770 5,013 5,269 5,538 5,820 Administrative Services Director 7/16/2023 Monthly 748 14,873 15,634 16,428 17,268 18,148 19,073 Administrative Specialist 1/1/2023 Monthly 508 4,493 4,723 4,963 5,217 5,483 5,762 Ambulance Operator 7/1/2022 Monthly 412 2,783 2,926 3,075 Assistant City Attorney I 7/16/2023 Monthly 688 11,027 11,590 12,180 12,802 13,455 14,140 Assistant City Attorney II 7/16/2023 Monthly 698 11,590 12,183 12,802 13,456 14,143 14,864 Assistant City Manager 7/16/2023 Monthly 757 15,557 16,352 17,183 18,061 18,982 19,950 Assistant Community Devel. Director 7/16/2023 Monthly 696 11,475 12,062 12,675 13,323 14,002 14,716 Assistant Community Services Director 7/16/2023 Monthly 683 10,755 11,305 11,880 12,486 13,123 13,792 Assistant Engineer 1/1/2023 Monthly 591 6,797 7,145 7,508 7,891 8,294 8,717 Assistant Field Services Manager 7/16/2023 Monthly 663 9,734 10,232 10,752 11,300 11,878 12,482 Assistant Finance Director 7/16/2023 Monthly 683 10,755 11,305 11,880 12,486 13,123 13,792 Assistant Human Resources Director 7/16/2023 Monthly 683 10,755 11,305 11,880 12,486 13,123 13,792 Assistant Library Services Director 7/16/2023 Monthly 642 8,766 9,215 9,682 10,177 10,696 11,242 Assistant Planner 1/1/2023 Monthly 549 5,513 5,795 6,089 6,401 6,727 7,070 Assistant Pool Manager 12/4/2022 Hourly 482 22.77 23.93 25.15 Assistant Public Works Director 7/16/2023 Monthly 708 12,183 12,806 13,457 14,145 14,866 15,624 Assistant Recreation Services Coordinator7/1/2022 Hourly 509 26.05 27.38 28.78 Assistant to the City Manager 7/16/2023 Monthly 632 8,340 8,766 9,211 9,682 10,176 10,694 Assistant Water Manager 7/16/2023 Monthly 663 9,734 10,232 10,752 11,300 11,878 12,482 Associate Civil Engineer 1/1/2023 Monthly 614 7,624 8,014 8,421 8,851 9,302 9,776 Associate Engineer 1/1/2023 Monthly 614 7,624 8,014 8,421 8,851 9,302 9,776 Associate Planner 1/1/2023 Monthly 584 6,564 6,899 7,251 7,621 8,009 8,418 Budget Manager 7/16/2023 Monthly 632 8,340 8,766 9,211 9,682 10,176 10,694 Budget Officer 7/16/2023 Monthly 622 7,934 8,340 8,763 9,211 9,681 10,174 Building and Safety Manager 7/16/2023 Monthly 663 9,734 10,232 10,752 11,300 11,878 12,482 Building Inspection Supervisor 1/1/2023 Monthly 590 6,764 7,109 7,470 7,852 8,253 8,673 Building Inspector 1/1/2023 Monthly 550 5,541 5,823 6,120 6,432 6,760 7,105 Business License Inspector 1/1/2023 Monthly 538 5,219 5,485 5,765 6,059 6,368 6,692 Buyer 1/1/2023 Monthly 546 5,431 5,708 5,999 6,305 6,627 6,965 Chemical Sprayer 1/1/2023 Monthly 492 4,149 4,360 4,582 4,817 5,062 5,320 Chief Building Official 7/16/2023 Monthly 683 10,755 11,305 11,880 12,486 13,123 13,792 City Attorney 7/16/2023 Monthly N/A 20,366.67 22,750 City Clerk Services Director 7/16/2023 Monthly 652 9,214 9,686 10,178 10,697 11,244 11,816 City Council/ Mayor - Elected 12/15/2022 Monthly N/A 600 City Manager 7/16/2023 Monthly N/A 25,393.34
Civilian Investigative Officer 6/18/2023 Monthly 533P 5,090 5,350 5,623 5,909 6,211 6,527 6,788 Code Compliance Manager 6/18/2023 Monthly 634 8,423 8,854 9,304 9,779 10,278 10,802 Code Compliance Officer 1/1/2023 Monthly 544 5,377 5,651 5,940 6,243 6,561 6,896 Code Compliance Supervisor 1/1/2023 Monthly 590 6,764 7,109 7,470 7,852 8,253 8,673 Combination Building Inspector 1/1/2023 Monthly 560 5,824 6,121 6,433 6,761 7,106 7,468 Community Development Director 7/16/2023 Monthly 738 14,150 14,873 15,629 16,427 17,265 18,145 Community Services Director 7/16/2023 Monthly 733 13,801 14,507 15,244 16,023 16,840 17,699 Construction Inspection Supervisor 1/1/2023 Monthly 579 6,403 6,729 7,073 7,433 7,812 8,211 Construction Inspector I 1/1/2023 Monthly 531 5,040 5,297 5,567 5,851 6,149 6,463 Construction Inspector II 1/1/2023 Monthly 551 5,569 5,852 6,151 6,464 6,794 7,141 Contract Administrator 1/1/2023 Monthly 591 6,797 7,145 7,508 7,891 8,294 8,717 Court Liaison Officer 6/18/2023 Monthly 523P 4,842 5,089 5,349 5,622 5,908 6,210 6,458 Crime Analyst 7/16/2023 Monthly 580 6,435 6,763 7,108 7,470 7,851 8,252 Crime Prevention Specialist 6/18/2023 Monthly 541P 5,297 5,568 5,851 6,150 6,463 6,793 7,065 Custodian 1/1/2023 Monthly 450 3,364 3,536 3,717 3,906 4,106 4,315 Deputy City Clerk 7/16/2023 Monthly 584 6,564 6,899 7,251 7,621 8,009 8,418 Deputy City Manager 7/16/2023 Monthly 696 11,475 12,062 12,675 13,323 14,002 14,716 Deputy Public Works Director 7/16/2023 Monthly 698 11,590 12,183 12,802 13,456 14,143 14,864 Development Project Manager 1/1/2023 Monthly 591 6,797 7,145 7,508 7,891 8,294 8,717 Digital Marketing Coordinator 1/1/2023 Monthly 565 5,971 6,275 6,596 6,931 7,285 7,657 Economic Development Manager 7/16/2023 Monthly 683 10,755 11,305 11,880 12,486 13,123 13,792 Economic Development Project Manager 7/16/2023 Monthly 632 8,340 8,766 9,211 9,682 10,176 10,694 Emergency Manager 7/16/2023 Monthly 647 8,987 9,447 9,927 10,434 10,967 11,525 Emergency Medical Services Manager 7/16/2023 Monthly 647 8,987 9,447 9,927 10,434 10,967 11,525 Employee Benefits Analyst 7/16/2023 Monthly 575 6,276 6,596 6,933 7,286 7,658 8,049 Engineering Intern 12/4/2022 Hourly 430 17.57 18.47 19.40 Engineering Technician I 1/1/2023 Monthly 520 4,770 5,014 5,269 5,538 5,821 6,118 Engineering Technician II 1/1/2023 Monthly 540 5,271 5,540 5,822 6,119 6,431 6,759 Environmental Compliance Specialist 1/1/2023 Monthly 544 5,377 5,651 5,940 6,243 6,561 6,896 Environmental Program Manager 1/1/2023 Monthly 643 8,810 9,261 9,731 10,228 10,750 11,298 City of Orange
Citywide Pay Schedule - Revision Effective July 16, 2023 Approved by City Council on July 11, 2023
376
Classification Title Effective Salary Type Range Step A Step B Step C Step D Step E Step F Step G Step H City of Orange
Citywide Pay Schedule - Revision Effective July 16, 2023 Approved by City Council on July 11, 2023
Environmental Scientist 1/1/2023 Monthly 614 7,624 8,014 8,421 8,851 9,302 9,776 Equipment Maint Leadworker 1/1/2023 Monthly 537 5,193 5,458 5,736 6,028 6,336 6,659 Equipment Maint. Superintendent 7/16/2023 Monthly 635 8,465 8,898 9,351 9,828 10,330 10,856 Equipment Maintenance Supervisor 1/1/2023 Monthly 589 6,730 7,074 7,433 7,813 8,212 8,630 Equipment Mechanic I 1/1/2023 Monthly 507 4,471 4,699 4,939 5,191 5,455 5,734 Equipment Mechanic II 1/1/2023 Monthly 527 4,940 5,192 5,457 5,735 6,028 6,335 Equipment Operator 1/1/2023 Monthly 519 4,747 4,989 5,243 5,510 5,792 6,087 Equipment Parts Technician 1/1/2023 Monthly 507 4,471 4,699 4,939 5,191 5,455 5,734 Executive Assistant 7/16/2023 Monthly 529 4,990 5,244 5,512 5,793 6,088 6,399 Executive Assistant to the Chief 7/16/2023 Monthly 549 5,513 5,795 6,089 6,401 6,727 7,070 Facilities Maintenance Supervisor 1/1/2023 Monthly 579 6,403 6,729 7,073 7,433 7,812 8,211 Field Services Manager 7/16/2023 Monthly 683 10,755 11,305 11,880 12,486 13,123 13,792 Finance Assistant 1/1/2023 Monthly 523 4,842 5,089 5,349 5,622 5,908 6,210 Finance Clerk 1/1/2023 Monthly 488 4,067 4,274 4,492 4,721 4,962 5,215 Finance Coordinator 1/1/2023 Monthly 566 6,001 6,307 6,629 6,966 7,322 7,695 Finance Director 7/16/2023 Monthly 738 14,150 14,873 15,629 16,427 17,265 18,145 Finance Manager 7/16/2023 Monthly 614 7,624 8,014 8,421 8,851 9,302 9,776 Finance Supervisor 1/1/2023 Monthly 586 6,630 6,969 7,324 7,697 8,090 8,503 Financial Analyst 7/16/2023 Monthly 586 6,630 6,969 7,324 7,697 8,090 8,503 Fire Battalion Chief 6/18/2023 Monthly 704.5 11,972 12,585 13,224 13,900 14,609 15,353 Fire Captain 6/18/2023 Monthly F655.5 11,166 11,166 11,166 11,166 11,166 Fire Chief 7/16/2023 Monthly 763 16,030 16,849 17,706 18,610 19,560 20,557 Fire Engineer 6/18/2023 Monthly F624.5 7,869 8,262 8,676 9,109 9,565 Fire Inspector/Investigator 6/18/2023 Monthly F643.5 10,517 10,517 10,517 10,517 10,517 Fire Safety Specialist 6/18/2023 Monthly F605.5 7,157 7,515 7,890 8,285 8,699 Firefighter 6/18/2023 Monthly F599.5 6,945 7,293 7,657 8,040 8,442 Forensic Services Specialist 6/18/2023 Monthly 533P 5,090 5,350 5,623 5,909 6,211 6,527 6,788 GIS Analyst 1/1/2023 Monthly 614 7,624 8,014 8,421 8,851 9,302 9,776 Hazardous Materials Spec 6/18/2023 Monthly F625.5 7,908 8,304 8,719 9,155 9,613 Historic Preservation Planner 1/1/2023 Monthly 614 7,624 8,014 8,421 8,851 9,302 9,776 Homeless Outreach Specialist 6/18/2023 Monthly 529P 4,990 5,244 5,512 5,793 6,088 6,399 6,654 Housing Manager 7/16/2023 Monthly 632 8,340 8,766 9,211 9,682 10,176 10,694 Housing Specialist 1/1/2023 Monthly 544 5,377 5,651 5,940 6,243 6,561 6,896 Human Resources Analyst I 7/16/2023 Monthly 567 6,031 6,338 6,662 7,001 7,358 7,734 Human Resources Analyst II 7/16/2023 Monthly 594 6,900 7,253 7,621 8,010 8,419 8,848 Human Resources Director 7/16/2023 Monthly 733 13,801 14,507 15,244 16,023 16,840 17,699 Human Resources Manager 7/16/2023 Monthly 663 9,734 10,232 10,752 11,300 11,878 12,482 Human Resources Technician 1/1/2023 Monthly 518 4,723 4,964 5,217 5,483 5,763 6,057 Information Technology Manager 7/16/2023 Monthly 683 10,755 11,305 11,880 12,486 13,123 13,792 Information Technology Project Manager 7/16/2023 Monthly 663 9,734 10,232 10,752 11,300 11,878 12,482 Information Technology Specialist 1/1/2023 Monthly 565 5,971 6,275 6,596 6,931 7,285 7,657 Information Technology Supervisor 1/1/2023 Monthly 590 6,764 7,109 7,470 7,852 8,253 8,673 Intergovernmental & Comm Affairs Mgr7/16/2023 Monthly 674 10,283 10,809 11,359 11,938 12,547 13,187 Internal Audit Manager 7/16/2023 Monthly 632 8,340 8,766 9,211 9,682 10,176 10,694 Investment/Revenue Officer 7/16/2023 Monthly 602 7,181 7,548 7,931 8,336 8,762 9,208 Landscape Coordinator 1/1/2023 Monthly 591 6,797 7,145 7,508 7,891 8,294 8,717 Lead Business License Inspector 1/1/2023 Monthly 548 5,485 5,766 6,059 6,369 6,693 7,035 Lead Custodian 1/1/2023 Monthly 480 3,907 4,107 4,316 4,537 4,768 5,011 Lead Finance Clerk 1/1/2023 Monthly 548 5,485 5,766 6,059 6,369 6,693 7,035 Legal Assistant 1/1/2023 Monthly 538 5,219 5,485 5,765 6,059 6,368 6,692 Librarian I 1/1/2023 Monthly 526 4,916 5,166 5,430 5,707 5,998 6,303 Librarian II 1/1/2023 Monthly 546 5,431 5,708 5,999 6,305 6,627 6,965 Librarian III 1/1/2023 Monthly 566 6,001 6,307 6,629 6,966 7,322 7,695 Library Assistant 1/1/2023 Monthly 486 4,026 4,232 4,448 4,674 4,913 5,163 Library Clerk 1/1/2023 Monthly 440 3,201 3,364 3,536 3,716 3,906 4,105 Library Literacy Coordinator 1/1/2023 Monthly 526 4,916 5,166 5,430 5,707 5,998 6,303 Library Manager I 1/1/2023 Monthly 594 6,900 7,253 7,621 8,010 8,419 8,848 Library Manager II 1/1/2023 Monthly 604 7,253 7,624 8,011 8,420 8,850 9,300 Library Page 1/1/2023 Monthly 411 2,769 2,912 3,060 3,215 3,379 3,552 Library Services Director 7/16/2023 Monthly 703 11,883 12,491 13,126 13,796 14,500 15,239 Library Support Services Assistant 1/1/2023 Monthly 486 4,026 4,232 4,448 4,674 4,913 5,163 Library Tech & Support Services Mgr 1/1/2023 Monthly 604 7,253 7,624 8,011 8,420 8,850 9,300 Library Technology Assistant 1/1/2023 Monthly 486 4,026 4,232 4,448 4,674 4,913 5,163 Library Technology Coordinator 1/1/2023 Monthly 546 5,431 5,708 5,999 6,305 6,627 6,965 Library Technology Specialist 1/1/2023 Monthly 526 4,916 5,166 5,430 5,707 5,998 6,303 Library Volunteer Coordinator 1/1/2023 Monthly 510 4,538 4,770 5,013 5,269 5,538 5,820 Lifeguard/Swim Instructor 12/4/2022 Hourly 462 20.61 21.66 22.76 Maintenance Worker 1/1/2023 Monthly 469 3,699 3,887 4,086 4,294 4,513 4,744 Management Intern 12/4/2022 Hourly 430 17.57 18.47 19.40 Manager of Trans Svcs/City Traffic Eng7/16/2023 Monthly 683 10,755 11,305 11,880 12,486 13,123 13,792 Network/Security Analyst 7/16/2023 Monthly 613 7,586 7,974 8,379 8,807 9,256 9,727 377
Classification Title Effective Salary Type Range Step A Step B Step C Step D Step E Step F Step G Step H City of Orange
Citywide Pay Schedule - Revision Effective July 16, 2023 Approved by City Council on July 11, 2023
Office Assistant 1/1/2023 Monthly 460 3,537 3,717 3,906 4,106 4,315 4,536 Parking Control Officer I 12/4/2022 Hourly 442 18.65 19.60 20.61 Parking Control Officer II 6/18/2023 Monthly 500P 4,317 4,538 4,770 5,013 5,268 5,537 5,758 Parks and Facilities Attendant 12/4/2022 Hourly 460 20.40 21.45 22.54 Parks and Facilities Manager 7/16/2023 Monthly 663 9,734 10,232 10,752 11,300 11,878 12,482 Parks Maint Leadworker 1/1/2023 Monthly 527 4,940 5,192 5,457 5,735 6,028 6,335 Parks Maintenance Supervisor 1/1/2023 Monthly 579 6,403 6,729 7,073 7,433 7,812 8,211 Parks Maintenance Worker I 1/1/2023 Monthly 469 3,699 3,887 4,086 4,294 4,513 4,744 Parks Maintenance Worker II 1/1/2023 Monthly 489 4,087 4,296 4,515 4,745 4,987 5,241 Payroll Manager 7/16/2023 Monthly 632 8,340 8,766 9,211 9,682 10,176 10,694 Payroll Specialist 1/1/2023 Monthly 558 5,766 6,060 6,369 6,694 7,035 7,394 Payroll Technician 1/1/2023 Monthly 548 5,485 5,766 6,059 6,369 6,693 7,035 Permit Supervisor 1/1/2023 Monthly 579 6,403 6,729 7,073 7,433 7,812 8,211 Permit Technician 1/1/2023 Monthly 510 4,538 4,770 5,013 5,269 5,538 5,820 Plan Check Engineer 1/1/2023 Monthly 591 6,797 7,145 7,508 7,891 8,294 8,717 Plan Examiner 6/18/2023 Monthly F625.5 7,908 8,304 8,719 9,155 9,613 Planning Aide 1/1/2023 Monthly 519 4,747 4,989 5,243 5,510 5,792 6,087 Planning Manager 7/16/2023 Monthly 683 10,755 11,305 11,880 12,486 13,123 13,792 Police Academy Trainee 12/4/2022 Monthly 574 6,245 Police Administrative Assistant 6/18/2023 Monthly 513P 4,606 4,842 5,089 5,348 5,621 5,908 6,144 Police Armorer 6/18/2023 Monthly 513P 4,606 4,842 5,089 5,348 5,621 5,908 6,144 Police Cadet I 12/4/2022 Hourly 430 17.57 18.47 19.40 Police Cadet II 12/4/2022 Hourly 450 19.41 20.40 21.44 Police Captain 6/18/2023 Monthly 749C 14,948 15,712 16,511 17,354 18,239 19,169 19,936 Police Chief 7/16/2023 Monthly 784 17,802 18,712 19,664 20,668 21,722 22,830 Police Clerk 6/18/2023 Monthly 492P 4,149 4,360 4,582 4,817 5,062 5,320 5,533 Police Code Enforcement Officer 6/18/2023 Monthly 566P 6,001 6,307 6,629 6,966 7,322 7,695 8,003 Police Communications Manager 6/18/2023 Monthly 621PM 7,895 8,298 8,720 9,165 9,633 10,124 10,478 Police Dispatch Shift Supervisor 6/18/2023 Monthly 570P 6,121 6,434 6,762 7,107 7,469 7,850 8,164 Police Dispatcher 6/18/2023 Monthly 552P 5,596 5,882 6,181 6,497 6,828 7,176 7,463 Police Jailer 6/18/2023 Monthly 513P 4,606 4,842 5,089 5,348 5,621 5,908 6,144 Police Lieutenant 6/18/2023 Monthly 709SL 12,244 12,870 13,525 14,215 14,941 15,701 16,643 17,309 Police Officer 6/18/2023 Monthly 613P 7,586 7,974 8,379 8,807 9,256 9,727 10,117 Police Records Clerk 6/18/2023 Monthly 492P 4,149 4,360 4,582 4,817 5,062 5,320 5,533 Police Records Manager 6/18/2023 Monthly 620PM 7,856 8,257 8,676 9,119 9,585 10,074 10,426 Police Records Shift Supervisor 6/18/2023 Monthly 552P 5,596 5,882 6,181 6,497 6,828 7,176 7,463 Police Reserve Officer I 12/4/2022 Hourly 459 20.30 21.34 22.43 Police Reserve Officer II 12/4/2022 Hourly 419 16.63 17.48 18.37 Police Reserve Officer III 12/4/2022 Hourly 405 15.51 16.30 17.13 Police Sergeant 6/18/2023 Monthly 667SL 9,930 10,438 10,969 11,529 12,117 12,734 13,498 14,038 Police Services Officer 6/18/2023 Monthly 513P 4,606 4,842 5,089 5,348 5,621 5,908 6,144 Police Subpoenas & Warrants Specialist 6/18/2023 Monthly 513P 4,606 4,842 5,089 5,348 5,621 5,908 6,144 Police Training Coordinator 6/18/2023 Monthly 523P 4,842 5,089 5,349 5,622 5,908 6,210 6,458 Police Volunteer Coordinator 6/18/2023 Monthly 541P 5,297 5,568 5,851 6,150 6,463 6,793 7,065 Pool Manager 12/4/2022 Hourly 502 25.16 26.45 27.79 Principal Civil Engineer 7/16/2023 Monthly 663 9,734 10,232 10,752 11,300 11,878 12,482 Principal Planner 7/16/2023 Monthly 652 9,214 9,686 10,178 10,697 11,244 11,816 Project Development Coordinator 1/1/2023 Monthly 591 6,797 7,145 7,508 7,891 8,294 8,717 Project Engineer 1/1/2023 Monthly 601 7,145 7,510 7,892 8,295 8,718 9,162 Property Officer 6/18/2023 Monthly 527P 4,940 5,192 5,457 5,735 6,028 6,335 6,588 Public Affairs & Information Manager 7/16/2023 Monthly 632 8,340 8,766 9,211 9,682 10,176 10,694 Public Works Administrative Manager 7/16/2023 Monthly 632 8,340 8,766 9,211 9,682 10,176 10,694 Public Works Director 7/16/2023 Monthly 738 14,150 14,873 15,629 16,427 17,265 18,145 Public Works Maintenance Leadworker 1/1/2023 Monthly 527 4,940 5,192 5,457 5,735 6,028 6,335 Public Works Maintenance Supervisor 1/1/2023 Monthly 579 6,403 6,729 7,073 7,433 7,812 8,211 Public Works Maintenance Worker I 1/1/2023 Monthly 469 3,699 3,887 4,086 4,294 4,513 4,744 Public Works Maintenance Worker II 1/1/2023 Monthly 489 4,087 4,296 4,515 4,745 4,987 5,241 Purchasing Officer 7/16/2023 Monthly 614 7,624 8,014 8,421 8,851 9,302 9,776 Real Property Agent 1/1/2023 Monthly 614 7,624 8,014 8,421 8,851 9,302 9,776 Records Manager 7/16/2023 Monthly 562 5,882 6,182 6,498 6,829 7,177 7,543 Recreation Services Activity Specialist 7/1/2022 Hourly 489 23.58 24.78 26.05 Recreation Services Coordinator 1/1/2023 Monthly 527 4,940 5,192 5,457 5,735 6,028 6,335 Recreation Services Leader I 12/4/2022 Hourly 412 16.06 16.88 17.74 Recreation Services Leader II 12/4/2022 Hourly 432 17.74 18.65 19.60 Recreation Services Leader III 12/4/2022 Hourly 452 19.61 20.61 21.66 Recreation Services Manager 7/16/2023 Monthly 653 9,261 9,734 10,229 10,751 11,300 11,875 Recreation Services Supervisor 1/1/2023 Monthly 584 6,564 6,899 7,251 7,621 8,009 8,418 Risk Management Analyst 7/16/2023 Monthly 565 5,971 6,275 6,596 6,931 7,285 7,657 Risk Manager 7/16/2023 Monthly 667 9,930 10,438 10,969 11,528 12,117 12,734 School Crossing Guard 12/4/2022 Hourly 430 17.57 18.47 19.40 School Crossing Guard Supervisor 12/4/2022 Hourly 470 21.45 22.54 23.69 378
Classification Title Effective Salary Type Range Step A Step B Step C Step D Step E Step F Step G Step H City of Orange
Citywide Pay Schedule - Revision Effective July 16, 2023 Approved by City Council on July 11, 2023
Senior Accountant 1/1/2023 Monthly 582 6,499 6,831 7,179 7,545 7,930 8,335 Senior Administrative Analyst 7/16/2023 Monthly 612 7,548 7,934 8,337 8,763 9,210 9,679 Senior Assistant City Attorney 7/16/2023 Monthly 718 12,806 13,461 14,145 14,868 15,626 16,423 Senior Assistant to the City Manager 7/16/2023 Monthly 663 9,734 10,232 10,752 11,300 11,878 12,482 Senior Buyer 1/1/2023 Monthly 566 6,001 6,307 6,629 6,966 7,322 7,695 Senior Civil Engineer 1/1/2023 Monthly 643 8,810 9,261 9,731 10,228 10,750 11,298 Senior Code Compliance Officer 1/1/2023 Monthly 564 5,941 6,244 6,563 6,897 7,249 7,619 Senior Combo. Building Inspector 1/1/2023 Monthly 580 6,435 6,763 7,108 7,470 7,851 8,252 Senior Contract Administrator 1/1/2023 Monthly 611 7,510 7,895 8,296 8,719 9,164 9,631 Senior Econ Development Project Mgr 7/16/2023 Monthly 658 9,494 9,980 10,487 11,022 11,585 12,175 Senior Emergency Medical Svcs Mgr 7/16/2023 Monthly 683 10,755 11,305 11,880 12,486 13,123 13,792 Senior Executive Assistant to the City Council and
the City Manager 7/16/2023 Monthly 579 6,403 6,729 7,073 7,433 7,812 8,211 Senior Finance Clerk 1/1/2023 Monthly 508 4,493 4,723 4,963 5,217 5,483 5,762 Senior Fire Inspection Specialist 1/1/2023 Monthly 600 7,110 7,473 7,853 8,254 8,675 9,116 Senior GIS Analyst 1/1/2023 Monthly 634 8,423 8,854 9,304 9,779 10,278 10,802 Senior Housing Manager 7/16/2023 Monthly 658 9,494 9,980 10,487 11,022 11,585 12,175 Senior Human Resources Analyst 7/16/2023 Monthly 624 8,014 8,423 8,851 9,303 9,779 10,276 Senior Landscape Coordinator 1/1/2023 Monthly 611 7,510 7,895 8,296 8,719 9,164 9,631 Senior Legal Assistant 1/1/2023 Monthly 558 5,766 6,060 6,369 6,694 7,035 7,394 Senior Library Clerk 1/1/2023 Monthly 470 3,718 3,907 4,107 4,316 4,536 4,767 Senior Library Manager 7/16/2023 Monthly 622 7,934 8,340 8,763 9,211 9,681 10,174 Senior Office Assistant 1/1/2023 Monthly 480 3,907 4,107 4,316 4,537 4,768 5,011 Senior Payroll Specialist 2/26/2023 Monthly 568 6,061 6,370 6,695 7,036 7,395 7,772 Senior Permit Technician 1/1/2023 Monthly 530 5,015 5,270 5,540 5,822 6,118 6,431 Senior Plan Check Engineer 1/1/2023 Monthly 643 8,810 9,261 9,731 10,228 10,750 11,298 Senior Planner 1/1/2023 Monthly 614 7,624 8,014 8,421 8,851 9,302 9,776 Senior Police Clerk 6/18/2023 Monthly 512P 4,583 4,818 5,063 5,322 5,594 5,878 6,113 Senior Traffic Signal Technician 1/1/2023 Monthly 580 6,435 6,763 7,108 7,470 7,851 8,252 Senior Water Meter Service Wkr 1/1/2023 Monthly 515 4,653 4,890 5,140 5,402 5,677 5,967 Senior Water Quality Inspector 1/1/2023 Monthly 579 6,403 6,729 7,073 7,433 7,812 8,211 Skilled Maint Leadworker 1/1/2023 Monthly 532 5,065 5,323 5,595 5,880 6,180 6,495 Skilled Maintenance Wkr -Water 1/1/2023 Monthly 512 4,583 4,818 5,063 5,322 5,594 5,878 Skilled Maintenance Worker – Facilities 1/1/2023 Monthly 512 4,583 4,818 5,063 5,322 5,594 5,878 Skilled Maintenance Worker – Parks 1/1/2023 Monthly 512 4,583 4,818 5,063 5,322 5,594 5,878 Skilled Maintenance Worker – Public Works 1/1/2023 Monthly 512 4,583 4,818 5,063 5,322 5,594 5,878 Stock Clerk 1/1/2023 Monthly 469 3,699 3,887 4,086 4,294 4,513 4,744 Swimming Attendant 12/4/2022 Hourly 412 16.06 16.88 17.74 Systems Analyst 7/16/2023 Monthly 613 7,586 7,974 8,379 8,807 9,256 9,727 Traffic Management Center Tech 1/1/2023 Monthly 580 6,435 6,763 7,108 7,470 7,851 8,252 Traffic Operations Superintendent 1/1/2023 Monthly 599 7,074 7,436 7,814 8,213 8,632 9,071 Traffic Signal Technician I 1/1/2023 Monthly 520 4,770 5,014 5,269 5,538 5,821 6,118 Traffic Signal Technician II 1/1/2023 Monthly 540 5,271 5,540 5,822 6,119 6,431 6,759 Transportation Analyst 1/1/2023 Monthly 614 7,624 8,014 8,421 8,851 9,302 9,776 Tree Services Coordinator 6/18/2023 Monthly 591 6,797 7,145 7,508 7,891 8,294 8,717 Warehouse/Inventory Specialist 1/1/2023 Monthly 527 4,940 5,192 5,457 5,735 6,028 6,335 Water Maintenance Leadworker 1/1/2023 Monthly 532 5,065 5,323 5,595 5,880 6,180 6,495 Water Maintenance Supervisor 1/1/2023 Monthly 579 6,403 6,729 7,073 7,433 7,812 8,211 Water Maintenance Worker I 1/1/2023 Monthly 473 3,773 3,966 4,168 4,381 4,605 4,839 Water Maintenance Worker II 1/1/2023 Monthly 493 4,170 4,382 4,606 4,841 5,087 5,347 Water Manager 7/16/2023 Monthly 683 10,755 11,305 11,880 12,486 13,123 13,792 Water Meter Service Worker I 1/1/2023 Monthly 481 3,927 4,128 4,338 4,559 4,792 5,036 Water Meter Service Worker II 1/1/2023 Monthly 501 4,339 4,561 4,793 5,038 5,295 5,565 Water Plant Operator I 1/1/2023 Monthly 506 4,449 4,675 4,914 5,165 5,428 5,705 Water Plant Operator II 1/1/2023 Monthly 526 4,916 5,166 5,430 5,707 5,998 6,303 Water Quality Inspector 1/1/2023 Monthly 559 5,795 6,090 6,401 6,727 7,070 7,431 Water Yard Storekeeper 1/1/2023 Monthly 503 4,383 4,606 4,841 5,088 5,348 5,620 379
Agenda Item
City Council
Item #: 6.3. 7/11/2023 File #: 23-0397
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 Environmental Construction, Inc. for Well No. 28 Equipping Project, Bid No. 22-

23.33; increase to the capital improvement project budget; and finding of CEQA exemption.

2. SUMMARY
Four bids for Well No. 28 Equipping Project were received and opened on June 1, 2023. The apparent low bidder is Environmental Construction, Inc. of Woodland Hills, CA for $7,812,161.50.

After consideration of funding provided by reimbursement grants, an additional appropriation of $1.27 million will be made for this capital improvement project.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $1,270,000 to expenditure account number 550.8011.56411.18120, Reimbursable Capital Projects - Well 28 Construction.

2. Approve contract with Environmental Construction, Inc. in the total amount of $8,593,377.65, representing an original amount of $7,812,161.50 plus a 10% contingency of $781,216.15, for Well 28 Equipping Project; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this contract is $8,593,377.65 and will be funded in Well 28 Construction (18120) through:

Water Fund (600) $3,723,377.65
Reimbursable Capital Projects (550) 4,870,000.00
Total: $8,593,377.65

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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6. DISCUSSION AND BACKGROUND
Well 28 is located at 225 W. Maple Street, in the Old Towne area of the City of Orange. This project is being built in two construction phases. Phase One, which included drilling of the well, was successfully completed in March 2022. Phase Two, for which we are requesting approval of the contract agreement, encompasses equipping of the well with the necessary pumping and water treatment equipment and construction of a public pocket park that will surround the perimeter of the facility.

The scope of work for well equipping includes minor well rehabilitation, construction of electrical and chemical buildings, installation of a new well pump, motor, electrical transformer and panels, a sound enclosure, PFAS treatment system, piping, and other appurtenances. The pocket public park construction will include construction of CMU block screen walls with decorative metal trellis matching the surrounding existing architectural scheme, monument sign, picnic tables, shade structures, landscaping, irrigation, and lighting.

The engineering estimate for the project construction cost is $7,200,000. The Well 28 project is eligible to receive reimbursement funding as part of the Santa Ana River Conservation and Conjunctive Use Program (SARCCUP) as well as the PFAS Treatment program initiated by the Orange County Water District (OCWD). SARCCUP is a watershed-scale collaborative program designed to improve the Santa Ana River watershed’s water supply resiliency and reliability by increasing available dry-year yield from local groundwater basins.

The SARCCUP program will underwrite a portion of the construction costs up to $1.57 million; and reimbursement for PFAS Treatment design and installation is 100% of the actual design and construction costs, or an estimated cost of $3.3 million, for a total of $4.87 million in grant funding.

The City will request the SARCCUP and PFAS Treatment installation cost reimbursement once construction is completed (May 2025).

Since the current appropriated reimbursable grant funded amount available for this project is $3.6 million, staff is requesting an appropriation of $1.27 million to represent the grant total in the Reimbursable Projects Fund (550).

The City Council previously approved the advertisement for bids on March 14, 2023. The bid solicitation was advertised on April 26, 2023, for a period of four weeks, and bids were opened on June 1, 2023. Four bids were received as follows:

1. Environmental Construction, Inc., Woodland Hills $7,812,161.50

2. SWC Contractor Corporation, Fallbrook $8,443,035

3. Metro Builders & Engineers Group, Newport Beach $8,667,278

4. Caliaqua, Inc., Anaheim $9,144,250
The apparent low bidder, Environmental Construction, Inc. (ECI) of Woodland Hills, CA, has submitted a request to withdraw their bid due to a clerical error. Upon reviewing ECI’s backup documentation and discussion with the City Attorney’sOffice, it was determined that there was not sufficient evidence of a clerical error in filling out the bid. Therefore, ECI’srequest to withdraw its bid was rejected. Reference checks were conducted with other agencies including Metropolitan Water District of Southern California, City of Huntington Beach, City of Los Angeles, and Eastern Municipal Water District. All agencies contacted provided positive feedback and good reviews on the performance of ECI. Therefore, staff recommends that ECI be awarded the contract in the total City of Orange Printed on 7/6/2023Page 2 of 3
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performance of ECI. Therefore, staff recommends that ECI be awarded the contract in the total amount of $8,593,377.65, representing an original amount of $7,812,161.50, plus a 10% contingency of $781,216.15, for the Well No. 28 Equipping Project. Construction is scheduled to begin in August 2023 and expected to be completed by May 2025.

7. ENVIRONMENTAL REVIEW
In 2021, the City Council adopted the project’sMitigated Negative Declaration No. 1861-18, which was prepared to evaluate the physical environmental impacts of the project in conformance with the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15070 and in conformance with the Local CEQA Guidelines. The Mitigated Negative Declaration (MND) finds that the project will have less than significant impacts to the environment, with the implementation of standard conditions and mitigation measures related to unanticipated archeological, human remains, paleontological, or tribal cultural resource finds.

8. ATTACHMENTS
· Location Map
· Bid Abstract
· Contract with ECI
· PFAS Treatment Facilities and Program Agreement
· SARCCUP Agreement
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Agenda Item
City Council
Item #: 6.3. 7/11/2023 File #: 23-0397
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 Environmental Construction, Inc. for Well No. 28 Equipping Project, Bid No. 22-

23.33; increase to the capital improvement project budget; and finding of CEQA exemption.

2. SUMMARY
Four bids for Well No. 28 Equipping Project were received and opened on June 1, 2023. The apparent low bidder is Environmental Construction, Inc. of Woodland Hills, CA for $7,812,161.50.

After consideration of funding provided by reimbursement grants, an additional appropriation of $1.27 million will be made for this capital improvement project.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $1,270,000 to expenditure account number 550.8011.56411.18120, Reimbursable Capital Projects - Well 28 Construction.

4. FISCAL IMPACT
The total expenditure for this contract is $8,593,377.65 and will be funded in Well 28 Construction (18120) through:

Water Fund (600) $3,723,377.65
Reimbursable Capital Projects (550) 4,870,000.00
Total: $8,593,377.65

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 #: 6.3. 7/11/2023 File #: 23-0397

The City will request the SARCCUP and PFAS Treatment installation cost reimbursement once construction is completed (May 2025).

1. Environmental Construction, Inc., Woodland Hills $7,812,161.50

2. SWC Contractor Corporation, Fallbrook $8,443,035

3. Metro Builders & Engineers Group, Newport Beach $8,667,278

4. Caliaqua, Inc., Anaheim $9,144,250
The apparent low bidder, Environmental Construction, Inc. (ECI) of Woodland Hills, CA, has submitted a request to withdraw their bid due to a clerical error. Upon reviewing ECI’s backup documentation and discussion with the City Attorney’sOffice, it was determined that there was not sufficient evidence of a clerical error in filling out the bid. Therefore, ECI’srequest to withdraw its bid was rejected. Reference checks were conducted with other agencies including Metropolitan Water District of Southern California, City of Huntington Beach, City of Los Angeles, and Eastern Municipal Water District. All agencies contacted provided positive feedback and good reviews on the performance of ECI. Therefore, staff recommends that ECI be awarded the contract in the total City of Orange Printed on 7/6/2023Page 2 of 3
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performance of ECI. Therefore, staff recommends that ECI be awarded the contract in the total amount of $8,593,377.65, representing an original amount of $7,812,161.50, plus a 10% contingency of $781,216.15, for the Well No. 28 Equipping Project. Construction is scheduled to begin in August 2023 and expected to be completed by May 2025.

LOCATION MAP
NTS

W
ELL 28
225 W. MAPLE AVE.
386
City of Orange: Summary of Bid Abstracts for:
1 2 3 4
Bid No. 22-23.33; Project No. W-698
Date of Bid Opening: 6/1/2023
Tel. No. (818) 449-8920 Tel. No. (760) 728-1308 Tel. No. (949) 515-4350 Tel. No. (866) 416-4214 NO. DESCRIPTION OF WORK

QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Mobilization, Bonds, Demobilization, Clean-
up, and Record Drawings 1 LS $300,000 $300,000.00 $385,372.00 $385,372.00 $578,435.00 $578,435.00 $706,250.00 $706,250.00 $715,000.00 $715,000.00 2 Perform Video Survey of Existing Well 1 LS $2,000 $2,000.00 $1,430.00 $1,430.00 $2,800.00 $2,800.00 $1,495.00 $1,495.00 $1,500.00 $1,500.00 3 Cleaning of Existing Well (Option Item of
Work) 1 LS $10,000 $10,000.00 $6,600.00 $6,600.00 $9,800.00 $9,800.00 $6,900.00 $6,900.00 $7,100.00 $7,100.00 4 Minor Well Development (Option Item of
Work) 1 LS $35,000 $35,000.00 $52,800.00 $52,800.00 $64,000.00 $64,000.00 $55,200.00 $55,200.00 $56,800.00 $56,800.00 5 Disinfection of Existing Well 1 LS $20,000 $20,000.00 $10,450.00 $10,450.00 $12,500.00 $12,500.00 $10,925.00 $10,925.00 $11,200.00 $11,200.00 6 Furnish and Install Water Flush Deep Well
Turbine Pump, Pump Base,and Electric Motor 1 LS $550,000 $550,000.00 $584,500.00 $584,500.00 $650,000.00 $650,000.00 $589,950.00 $589,950.00 $673,800.00 $673,800.00 7 Furnish and Install Well and Treatment Above
Ground Piping, Valves, Appurtenances, and
Air Gap
1 LS $175,000 $175,000.00 $414,566.00 $414,566.00 $506,000.00 $506,000.00 $849,223.00 $849,223.00 $322,300.00 $322,300.00 8 Furnish and Install Well and Treatment Below
Ground Yard Piping, and Appurtenances 1 LS $200,000 $200,000.00 $477,125.00 $477,125.00 $730,000.00 $730,000.00 $895,340.00 $895,340.00 $1,018,800.00 $1,018,800.00 9 Furnish and Construct Electrical and Chemical
Storage Building 1 LS $550,000 $550,000.00 $460,838.00 $460,838.00 $800,000.00 $800,000.00 $343,631.00 $343,631.00 $548,400.00 $548,400.00 10 Furnish and Install Well Acoustical Sound
Enclosure 1 LS $150,000 $150,000.00 $130,418.00 $130,418.00 $145,000.00 $145,000.00 $136,346.00 $136,346.00 $140,400.00 $140,400.00 11 Furnish and Install Pre-Treatment Filters and
Appurtenances 1 LS $350,000 $350,000.00 $185,540.00 $185,540.00 $108,000.00 $108,000.00 $176,550.00 $176,550.00 $287,300.00 $287,300.00 12 Furnish and Install PFAS IX Vessels Sump 1 LS $750,000 $750,000.00 $534,275.00 $534,275.00 $1,185,000.00 $1,185,000.00 $585,948.00 $585,948.00 $771,500.00 $771,500.00 13 Install Pre-Purchase IX Vessels, Media,
Piping, Valves, and Appurtenances 1 LS $500,000 $500,000.00 $729,611.00 $729,611.00 $52,000.00 $52,000.00 $159,675.00 $159,675.00 $604,600.00 $604,600.00 14 Furnish and Install Disinfection System
Including Chemical Storage Tank, Meter
Pump Skid package, Piping, and
Appurtenances
1 LS $65,000 $65,000.00 $164,305.00 $164,305.00 $155,000.00 $155,000.00 $68,655.00 $68,655.00 $94,100.00 $94,100.00 15 Furnish and Install Connection to Existing 16-
inch Water Line 1 LS $13,000 $13,000.00 $6,012.50 $6,012.50 $40,000.00 $40,000.00 $33,500.00 $33,500.00 $40,600.00 $40,600.00 16 Furnish and Install Connections to Existing 36-
inch RCP Storm Drain 1 LS $20,000 $20,000.00 $13,000.00 $13,000.00 $56,000.00 $56,000.00 $181,125.00 $181,125.00 $26,400.00 $26,400.00 17 Furnish and Install 16-foot (High) Screen Wall
and Architectural Treatment 1 LS $450,000 $450,000.00 $1,107,446.00 $1,107,446.00 $1,200,000.00 $1,200,000.00 $823,513.00 $823,513.00 $1,293,600.00 $1,293,600.00 18 Final Grading and Site Improvements 1 LS $500,000 $500,000.00 $675,455.00 $675,455.00 $495,000.00 $495,000.00 $800,820.00 $800,820.00 $472,500.00 $472,500.00 19 Furnish and Install Electrical and
Instrumentation Equipment and Facilities 1 LS $2,000,000 $2,000,000.00 $1,065,786.00 $1,065,786.00 $980,000.00 $980,000.00 $1,081,732.00 $1,081,732.00 $1,125,000.00 $1,125,000.00 20 Furnish and Install Mini Park Landscape and
Irrigation 1 LS $500,000 $500,000.00 $523,417.00 $523,417.00 $600,000.00 $600,000.00 $734,250.00 $734,250.00 $710,000.00 $710,000.00 21 Traffic Control and Pedstrian Detours 1 LS $10,000 $10,000.00 $24,000.00 $24,000.00 $5,000.00 $5,000.00 $88,750.00 $88,750.00 $34,500.00 $34,500.00 22 Start-up Testing and Training 1 LS $15,000 $15,000.00 $25,000.00 $25,000.00 $40,000.00 $40,000.00 $25,000.00 $25,000.00 $47,300.00 $47,300.00 23 Prepare Operation and Maintenance Manuals 1 LS $10,000 $10,000.00 $1,500.00 $1,500.00 $2,500.00 $2,500.00 $12,500.00 $12,500.00 $2,150.00 $2,150.00 24 Furnish and Install Erosion Control Measures 1 LS $5,000 $5,000.00 $27,500.00 $27,500.00 $16,000.00 $16,000.00 $37,500.00 $37,500.00 $13,100.00 $13,100.00 25 Sheeting, Shoring and Bracing 1 LS $20,000 $20,000.00 $205,215.00 $205,215.00 $10,000.00 $10,000.00 $262,500.00 $262,500.00 $126,300.00 $126,300.00 $7,200,000.00 $7,812,161.50 $8,443,035.00 $8,667,278.00 $9,144,250.00Total

ENGINEER'S ESTIMATE
Well No. 28 Equipping Project
Environmental Construction, Inc.

Woodland Hills, CA
SWC Contracting Corporation
Fall Brook, CA
Caliagua Inc.

Anaheim, CA
Metro Builders & Engineers Group
Newport Beach, CA

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Orange City CouncilJuly 11, 2023

Orange City Council
July 11, 2023