Agenda packet — Orange City Council, August 22, 2023 (part 1 of 6)

Tom Kisela
City Manager
Mike Vigliotta
City Attorney
Pamela Coleman
City Clerk

DAN SLATER
Mayor

ARIANNA BARRIOS
Mayor pro tem, District 1

JON DUMITRU
Councilmember, District 2

KATHY TAVOULARIS
Councilmember, District 3

DENIS BILODEAU
Councilmember, District 4

ANA GUTIERREZ
Councilmember, District 5

JOHN GYLLENHAMMER
Councilmember, District 6
AGENDA
City Council
August 22, 2023
5:00 PM Closed Session
6:00 PM Regular Session
City Council Chamber
300 E. Chapman Avenue
Orange, CA 92866
The City of Orange City Council welcomes you to this meeting and encourages your participation. Regular City Council meetings are held on the second and fourth Tuesday of each month at 6:00 p.m.

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

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

Pursuant to Government Code Section 54954.3, members of the public may address the City Council on any agenda item before or during Council’s consideration of the item, and on any other matters within the City Council’s jurisdiction by using any of the following methods:
1) In-Person
To speak on an item on the agenda, complete a speaker card indicating your name, address, and identif the agenda item number or subject matter you wish to address. The card should be given to the City Clerk prior to the start of the meeting. General comments are received during the “Public Comments” section at the beginning of the Regular Session. No action may be taken on off-agenda items unless authorized by law.

Public Comments are limited to three (3) minutes per speaker unless a different time limit is announced. It is requested that you state your name for the record, then proceed to address the City Council. All speakers shall observe civility, decorum, and good behavior.
(Continued on page 2)

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1 City Council Agenda August 22, 2023
2) Written Public Comments via eComment
Members of the public can submit their written comments electronically for City Council consideration by using the eComment feature on the Agenda page of the City's website at www.cityoforange.org. To ensure distribution to the City Council prior to consideration of the agenda, we encourage the public to submit written comments by 3:00 p.m. the day of the meeting. All written comments will be provided to the Council for consideration and posted on the City’s website after the meeting. 3) Public Comments via recorded voicemail message
Finally, the public can record their comments by calling (714) 744-2234 no later than 5:00 p.m. the day of the meeting. Recorded messages will not be played at the meeting, but will be provided to the Council.

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

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

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

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

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2 City Council Agenda August 22, 2023
5:00 PM CLOSED SESSION

1. CALL TO ORDER

1.1 ROLL CALL

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

3. RECESS TO CLOSED SESSION
a. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
City Negotiator: Tom Kisela, City Manager
Employee Organization: Orange Maintenance and Crafts Employees’ Association b. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) (One potential case)

4. CLOSED SESSION REPORT

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

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3 City Council Agenda August 22, 2023
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER

1.1 INVOCATION
Rev. Dr. Robb Ring, Immanuel Lutheran Church

1.2 PLEDGE OF ALLEGIANCE
Mayor pro tem Arianna Barrios

1.3 ROLL CALL

1.4 PRESENTATIONS/ANNOUNCEMENTS
Memorial Adjournment in honor of Christine Grace Reyes
Recognition of 2022-2023 high school student liaisons Ruby Hewitt, El Modena High School, and Diego Paz, Orange High School
Proclamation honoring the Orange Elks Lodge No. 1475 in celebration of its 100th Anniversary
Santiago Canyon College Update

1.5 REPORT ON CLOSED SESSION ACTIONS

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

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

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

Approve.

Recommended Action:

Attachments: Staff Report

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3.2. Approval of minutes of the City of Orange City Council Regular Meeting held on August 8, 2023.

Approve minutes as presented.

Recommended Action:

Staff Report
August 8, 2023, Regular Meeting minutes
Attachments:

3.3. Agreement with the State of California, Department of Alcoholic Beverage Control for the Alcohol Policing Partnership Grant for Fiscal Year 2023-2024.

Resolution 11490.

1. Approve agreement with the State of California, Department of Alcoholic Beverage Control in the amount of $90,000 for the Alcohol Policing Partnership Grant; and authorize the Chief of Police or City Manager to execute on behalf of the City.

2. Adopt Resolution No. 11490. A Resolution of the City Council of the City of Orange accepting funds in the amount of $90,000 from the State of California Department of Alcoholic Beverage Control for the Alcoholic Policing Partnership Grant, and authorizing the Chief of Police or City Manager to execute the grant program agreement and related documents.

3. Accept into the City’s revenue budget $90,000 in grant funds from the State of California, Department of Alcoholic Beverage Control into revenue account number 100.4033.45495.30230 Alcoholic Beverage Control Grant FY24.

4. Authorize the appropriation of $90,000 into the following expenditure accounts:
$84,468 100.4033.50221.30230 Overtime Safety - ABC Grant FY24 $2,500 100.4033.51830.30230 Overnight Training - ABC Grant FY24 $532 100.4033.53060.30230 Misc. Materials & Supplies - ABC Grant FY24 $2,500 100.4033.55131.30230 Equipment Additions - ABC Grant FY24 Recommended Action:

Staff Report
Resolution No. 11490
ABC Agreement No. 23-APP33
Attachments:

3.4. Agreement with Michael Baker International for Community Development Block Grant, HOME Investment Partnerships Program, general grant, and housing management consulting services.

1. Authorize the appropriation of $15,000 from the Low and Moderate Income Housing Asset Fund (921) unreserved fund balance to expenditure account number 100.6001.51670.00000 - Other Professional and Consulting Services.

2. Approve the agreement with Michael Baker International for Community Development Block Grant, HOME Investment Partnerships Program, housing management, and general federal grant support in the amount of $140,000; and Recommended Action:

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5 City Council Agenda August 22, 2023
authorize the Mayor and City Clerk to execute on behalf of the City.

Staff Report
Agreement with Michael Baker International
Attachments:

3.5. Agreement with Orange County Transportation Authority for Countywide Signal Synchronization Baseline Project.

Approve the agreement with Orange County Transportation Authority for the Countywide Signal Synchronization Baseline Project; and authorize the City Manager and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Cooperative Agreement No. C-3-2428
Attachments:

3.6. Agreement with Paul Kott Realtors, Inc. for real estate broker services.

Approve the agreement with Paul Kott Realtors, Inc. for real estate broker services; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Professional Services Agreement with Paul Kott Realtors, Inc.

Attachments:

3.7. First Amendment to Attorney Services Agreement with Richards, Watson & Gershon to provide legal services.

Approve a First Amendment to Attorney Services Agreement with Richards, Watson & Gershon in an amount not to exceed $20,000; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
First Amendment to Attorney Services Agreement
Attachments:

3.8. Second Amendment to the Agreement with California Waters Development, Inc. for maintenance of City fountains.

Approve the Second Amendment with California Waters Development, Inc. in the amount of $67,336.50 for maintenance of City fountains; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Second Amendment to Maintenance Services Agreement with California Waters Development, Inc.

Attachments:

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6 City Council Agenda August 22, 2023

3.9. Sewer Service Installation and Payment Agreement with Tustin Development LLC to provide sewer service to a new tract development known as Cowan Ranch Estates in the unincorporated area of Orange County.

Approve the agreement between the City of Orange and Tustin Development LLC for connection to the Orange Sewer System, and one-time lump sum payment for sewer connection fees; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Location Map
Sewer Service Installation and Payment Agreement
Attachments:

3.10. Appropriation of $10,000 in revenue from Community Partnership donations.

1. Accept into the City’s Fiscal Year 2023-2024 budget $10,000 in community partnership donations into revenue account 100.7015.48390.20530, Donations - Special Events 2024 Season.

2. Authorize the appropriation of $10,000 in the following Fiscal Year 2023-2024 expenditure account number 100.7015.51355.20530, General Fund - Special Events 2024 Season.

Recommended Action:

Attachments: Staff Report

3.11. Appropriation of $89,609.26 in State of California Office of Emergency Services funding received.

1. Accept into the City’s revenue budget $89,609.26 in strike team reimbursement funds from the California Office of Emergency Services, into the revenue account numbers for Cal-OES reimbursements as specified in Section 6 of the staff report.

2. Authorize the appropriation of $84,991.05 into the expenditure account numbers for Overtime-Safety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $3,830.21 into the expenditure account numbers for Strike Team Expenditures as specified in Section 6 of the staff report.

4. Authorize the appropriation of $788.00 into the expenditure account numbers for Motor Vehicle Replacement as specified in Section 6 of the staff report.

Recommended Action:

Attachments: Staff Report

3.12. Final Acceptance of Bid No. 21-22.34; SP-4144, Katella Avenue Street Improvement Project; and authorization to file Notice of Completion.

Accept Katella Avenue Street Improvement Project as complete, and authorize staff to file Notice of Completion with the County Recorder.

Recommended Action:

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Staff Report
Notice of Completion and Acceptance
Attachments:

3.13. Final Acceptance of Bid No. 22-23.05; SP-4086; Cannon Street at Serrano Avenue Intersection Improvement Project; and authorization to file Notice of Completion.

Accept Cannon Street at Serrano Avenue Intersection Improvement Project as complete, and authorize staff to file Notice of Completion with the County Recorder.

Recommended Action:

Staff Report
Notice of Completion and Acceptance
Attachments:

3.14. Authorize the purchase of one fire apparatus for the Orange Fire Department and two vehicles for the Orange Police Department through a Cooperative Purchasing Agreement.

1. Approve the purchase of one Pierce Enforcer Fire Apparatus from South Coast Fire Equipment for $1,215,907.

2. Authorize the purchase of safety equipment and supplies needed to equip the Fire Apparatus from single source vendors in the amount of $84,093.

3. Authorize the purchase of two 2023 Chevrolet Bolts from National Auto Fleet Group in the amount of $62,537.

4. Authorize the replaced Fire Seagrave Pumper and Tiller Truck donation to Queretaro, Mexico.

Recommended Action:

Staff Report
Prepay HGAC FS12-19
Bomberos Queretaro Letter
Attachments:

3.15. Adoption of a resolution regarding the 2023, 2024, and 2025 Winter Holiday Closure. Resolution No. 11489.

Adopt Resolution No. 11489. A Resolution of the City Council of the City of Orange regarding the 2023, 2024, and 2025 Winter Holiday Closure.

Recommended Action:

Staff Report
Resolution No. 11489
Attachments:

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

4. REPORTS FROM MAYOR SLATER

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

No action(s) will be taken pursuant to Government Code Section 54954.2(a)(3). Except under certain circumstances, the Brown Act prohibits any other discussion or action by the City Council.

5.1. La Veta Monterey Condominiums Update (Dumitru)

6. ADMINISTRATIVE REPORTS

6.1. Consideration of an appeal of the City Traffic Commission’s decision to deny removal of on-street parking on the south side of Katella Avenue between Sacramento and Handy Streets, Appeal No. CTC 0001-23.

The City Council shall consider the record and such additional evidence as may be offered and may affirm, reverse, or modify, in whole or in part, the action that was appealed.

Recommended Action:

Staff Report
Site Sketch
Appeal Application
June 14, 2023, CTC Report
June 14, 2023 CTC Minutes
OCTA Letter
Attachments:

6.2. Adoption of an Expense and Reimbursement Policy for City Councilmembers for actual and necessary expenses incurred in the performance of their official duties. Resolution No. 11485.

Adopt Resolution No. 11485. A Resolution of the City Council of the City of Orange Adopting an Expense and Reimbursement Policy for City Council Members for Actual and Necessary Expenses Incurred in the Performance of their Official Duties.

Recommended Action:

Staff Report
Resolution No. 11485
Attachments:

6.3. Proposal to analyze a possible increase in the Uniform Transient Occupancy Tax rate.

Authorize staff to analyze a possible increase in the Uniform Transient Occupancy Tax rate.

Recommended Action:

Attachments: Staff Report

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7. REPORTS FROM CITY MANAGER

7.1. City of Orange Fiscal Health Report. (Continued from August 8, 2023) Receive and file.

Recommended Action:

Attachments: Staff Report

8. PUBLIC HEARINGS

8.1. Public Hearing to consider adoption of a resolution approving the demolition of an existing 40,000 square foot (SF) manufacturing facility and site redevelopment with a 57,900 SF truck terminal that includes 52,900 SF of warehouse space, 5,000 SF of office space, and an accessory 5,400 SF maintenance building located at 534 W. Struck Avenue; certifying Environmental Impact Report No. 1870-20; and adopting all findings and a Mitigation Monitoring and Reporting Program. (Applicant: Prologis, L.P.)
Adopt Resolution No. 11487. A Resolution of the City Council of the City of Orange certifying Environmental Impact Report No. 1870-20, adopting a Mitigation Monitoring and Reporting Program and approving Conditional Use Permit No. 3137-21, Major Site Plan Review No. 1039-21, Design Review No. 5028-21 to demolish an existing 40,000 SF manufacturing facility and site redevelopment with a 57,900 SF truck terminal that includes 52,900 SF of warehouse space, 5,000 SF of office space, and an accessory 5,400 SF maintenance building, located at 534 W. Struck Avenue.

Recommended Action:

Staff Report
Attachment 1 City Council Resolution No 11487
Attachment 2 Planning Commission Resolution No. PC 10-23 Attachment 3 Design Review Committee Staff Reports dated November 3, 2021, and February 16, 2022
Attachment 4 Design Review Committee Minutes dated November 3, 2021, and February 16, 2022
Attachment 5 Planning Commission Staff Report dated July 17, 2023 Attachment 6 Planning Commission Minutes dated July 17, 2023 Attachment 7 Development Plans with Color Elevations and Color Martials Board
Attachment 8 Draft Environmental Impact Report (DEIR) No. 1870-20 Attachment 9 Final Environmental Impact Report (FEIR) No. 1870-20 Attachment 10 Mitigation Monitoring Reporting Program
Attachment 11 Findings of Fact
Attachment 12 Economic and Fiscal Impact Report
Attachments:

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9. ADJOURNMENT
The City Council will Adjourn in Memory of Christine Grace Reyes.

The next Regular City Council meeting will be held on Tuesday, September 12, 2023, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.

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

Date posted: August 17, 2023

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11 Agenda Item
City Council
Item #: 3.1. 8/22/2023 File #: 23-0526
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

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

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

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

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.1. 8/22/2023 File #: 23-0526
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

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

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

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.2. 8/22/2023 File #: 23-0556
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Approval of minutes of the City of Orange City Council Regular Meeting held on August 8, 2023.

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

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· August 8, 2023, Regular Meeting minutes
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Agenda Item
City Council
Item #: 3.2. 8/22/2023 File #: 23-0556
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Approval of minutes of the City of Orange City Council Regular Meeting held on August 8, 2023.

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

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· August 8, 2023, Regular Meeting minutes
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City of Orange
City Council
August 08, 2023

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Tuesday, August 8, 2023, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
5:00 PM CLOSED SESSION

1. CALL TO ORDER
Mayor Slater called Closed Session to order at 5:04 p.m.

1.1 ROLL CALL

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

Absent: Bilodeau, and Gyllenhammer

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None

3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:05 p.m. with all Members present, except Councilmember Bilodeau and Councilmember Gyllenhammer who were absent, to discuss the following:
a. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9. (One potential case)

4. CLOSED SESSION REPORT
None

5. ADJOURNMENT
Closed Session was adjourned at 5:25 p.m.

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16 City Council Minutes - Draft August 8, 2023
6:00 PM REGULAR SESSION

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

1.1 INVOCATION
Given by Pastor Jonathan Reider from Friends Church Orange.

1.2 PLEDGE OF ALLEGIANCE
Led by Mayor Dan Slater.

1.3 ROLL CALL

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

Absent: Bilodeau, and Gyllenhammer

1.4 PRESENTATIONS/ANNOUNCEMENTS
Certificate of Recognition to Ryan Lutz for his actions to promote accountability in response to the vandalism that occurred on the Colosseum in Rome.

Mayor Slater announced the last Concert in the Park would be on Wednesday, August 9 at Grijalva Park.

1.5 REPORT ON CLOSED SESSION ACTIONS
None

2. PUBLIC COMMENTS
Public Speakers:

The following spoke in opposition of expanding the Short Term Rental program: Sister Mary Sweeney, Jeff Lawrence, Matt Hamilton, Regina Mundekis, Patrick Smith, Doug Hamilton, and Ben Figueroa.

The following spoke in support of the Short Term Rental program: Silvia San Nicolas and Robert Bell.

Sam Rodriguez expressed his disappointment with the CDBG funding process.

Hamed Soltani raised concerns with several issues in his neighborhood including vandalism and homelessness.

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

Leslie Manderscheid discussed a Santa Ana Water Board workshop taking place at City Hall on August 17.

Written Public Comments
Janice Brownfield emailed about the importance of recycling organic waste.

The following submitted eComments in opposition of expanding the Short Term Rental program: Michael Ristig, Stephanie Tilhof-Lesinski, Michael Fischer, Jeff Lawrence, Pamela Hilburn, Lisa Hilburn, Beth Hilborn, and 13 anonymous.

The following submitted eComments in support of expanding the Short Term Rental program: 5 anonymous.

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

ACTION: Approved.

3.2. Confirmation of warrant registers dated July 6, 11, 13, 20, 25, and 27, 2023.

ACTION: Approved as presented.

3.3. Approval of minutes of the City of Orange City Council Regular Meetings held on July 11 and July 25, 2023.

ACTION: Approved minutes as presented.

3.4. Agreement with Ninyo and Moore Geotechnical and Environmental Sciences Consultants for providing special inspection services to various projects during construction.

ACTION: Approved the service agreement with Ninyo and Moore in the amount of $63,870 for special inspection services; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.5. First Amendment to Professional Services Agreement with Cornerstone Communications & Public Relations, Inc. for communications and public relations services.

Note: Mayor pro tem Barrios abstained from Item 3.5 due to a potential conflict with employment.

ACTION: Approved the first amendment to agreement with Cornerstone Communications & Public Relations, Inc. in the amount of $75,000 for communications and public relations services; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.6. Claims for Damages.

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

1. Michael G. Arden

2. Terry D. Anderson

3. Javier Flores Ortega

4. Kelley Wise

3.7. Award of Contract to All American Asphalt for the Santiago Canyon Road - Newport Boulevard to Jamboree Road project; Bid No. 22-23.16 (SP-4201).

ACTION: 1) Authorized the transfer of $370,000 from 274.5011.56330.13120

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Pavement Management Program to expenditure account number 274.5011.56330.30194 Santiago Canyon Road Rehabilitation Project; and 2) Awarded the contract to All American Asphalt in the total amount of $1,242,144 representing an original bid amount of $1,129,222, plus a 10% contingency of $112,922, for the Santiago Canyon Road - Newport Boulevard to Jamboree Road Project; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.8. Authorize purchase of high-pressure airbags and associated accessories from LN Curtis & Sons using a cooperative purchasing agreement.

ACTION: Approved the purchase of high-pressure air bags and accessories from LN Curtis & Sons (LN Curtis) for $35,000.

3.9. Authorize purchase of fire station alerting system from US Digital Designs, Inc. for Fire Stations 2 through 8.

ACTION: Authorized the appropriation of $345,000 from the City Infrastructure Bond (553), for the purchase of the Phoenix G2 station alerting system in an amount not to exceed $345,000 from US Digital Designs, Inc.

3.10. Monthly Treasurer’s Reports for April, May, and June 2023.

ACTION: Received and filed.

3.11. A Resolution of the City Council of the City of Orange accepting a portion of the west side of Cambridge Avenue, south of Taft Avenue into the City Street System. Resolution No. 11486.

Entered into the record: Exhibit A, the map depicting the real property as referenced in Resolution No. 11486.

Item 3.11 was removed from the Consent Calendar for separate consideration by Councilmember Tavoularis.

In response to Council's questions, staff explained why this portion of the street had not been included in the City Street System before now.

ACTION: A motion was made by Councilmember Gutierrez, seconded by Councilmember Tavoularis, to adopt Resolution No. 11486. A Resolution of the City Council of the City of Orange accepting certain roads and streets into the City Street System. The motion carried by the following vote:

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

Absent: Bilodeau, and Gyllenhammer
Approval of the Consent Calendar
Mayor pro tem Barrios registered an abstention on Item 3.5. Item 3.11 was removed from the Consent Calendar and heard separately. All other items were approved as recommended.

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

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

Absent: Bilodeau, and Gyllenhammer

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4. REPORTS FROM MAYOR SLATER
None

5. REPORTS FROM COUNCILMEMBERS

5.1. La Veta Monterey Condominiums Update (Dumitru)
Public Speakers:

The following expressed concerns with ongoing gas line issues at the La Veta Monterey Condos: Betty Talbert and Edward Darvin.

Councilmember Dumitru provided an update on the La Veta Monterey Condo gas line issues.

5.2. Highlight Local Business (Gutierrez & Barrios)
Councilmember Gutierrez highlighted the following local business: Maz Cafe. Mayor pro tem Barrios highlighted the following local business: Selman Chevrolet.

6. REPORTS FROM CITY MANAGER

6.1. City of Orange Fiscal Health Report.

Mayor Slater requested to continue Item 6.1 to the next meeting when all Councilmembers would be present.

A motion was made by Councilmember Gutierrez, seconded by Mayor pro tem Barrios, to continue Item 6.1 to the next Regular City Council meeting on August 22, 2023. The motion carried by the following vote:

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

Absent: Bilodeau, and Gyllenhammer

7. ADJOURNMENT
There being no further business, the meeting was adjourned at 7:18 p.m.

The next Regular City Council meeting will be held on Tuesday, August 22, 2023, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
______________________ _________________________
PAMELA COLEMAN DANIEL R. SLATER

CITY CLERK MAYOR

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20 Agenda Item
City Council
Item #: 3.3. 8/22/2023 File #: 23-0487
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with the State of California, Department of Alcoholic Beverage Control for the Alcohol Policing Partnership Grant for Fiscal Year 2023-2024. Resolution 11490.

2. SUMMARY
Funding for the Alcohol Policing Partnership Grant is being awarded in the amount of $90,000 to eliminate the crime and public nuisance problems associated with problem alcoholic beverage outlets.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the State of California, Department of Alcoholic Beverage Control.

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

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6. DISCUSSION AND BACKGROUND
The mission of the Department of Alcoholic Beverage Control (ABC) is to administer the provisions of the Alcoholic Beverage Control Act in a manner that fosters and protects the health, safety, welfare, and economic well-being of the people of the State. In furtherance of this mission, the Orange Police Department has received a $90,000 grant from ABC to develop an effective strategic approach to reducing crime and public nuisance problems associated with ABC establishments. The grant will also provide for the development and establishment of a multi-agency working group to assist in completing business inspections and enforcing state laws and local ordinances. The grant-funded objectives for Fiscal Year 2023-2024 (FY 23-24) are as follows:
· Facilitate two, Licensee Education on Alcohol and Drugs (LEAD) trainings for business owners and staff to educate them on responsible alcohol service. · Conduct six, Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) operations to educate and reduce alcohol-related crime. · Conduct five Minor Decoy operations and Shoulder Tap operations to eliminate the sale and distribution of alcohol to minors.
· Conduct six general enforcement operations to address ABC and city ordinance violations, and narcotic and gambling violations.
· Conduct a holiday enforcement operation to improve safety during the holidays. · Conduct four briefing trainings for patrol to educate officers on proper and effective enforcement techniques.

The training of law enforcement personnel, prevention, enforcement, and liaison with the ABC district office will develop an effective, comprehensive, and strategic approach to eliminating the crime and public nuisance problems associated with ABC establishments.

The allocation of Alcohol Policing Partnership grant funds will ensure adequate funding for overtime, training, and equipment costs during FY 23-24.

7. ATTACHMENTS
· Resolution No. 11490
· ABC Agreement No. 23-APP33
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Agenda Item
City Council
Item #: 3.3. 8/22/2023 File #: 23-0487
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with the State of California, Department of Alcoholic Beverage Control for the Alcohol Policing Partnership Grant for Fiscal Year 2023-2024. Resolution 11490.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the State of California, Department of Alcoholic Beverage Control.

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

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Item #: 3.3. 8/22/2023 File #: 23-0487

The allocation of Alcohol Policing Partnership grant funds will ensure adequate funding for overtime, training, and equipment costs during FY 23-24.

7. ATTACHMENTS
· Resolution No. 11490
· ABC Agreement No. 23-APP33
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RESOLUTION NO. 11490

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE ACCEPTING FUNDS
IN THE AMOUNT OF $90,000 FROM THE

STATE OF CALIFORNIA DEPARTMENT OF

ALCOHOLIC BEVERAGE CONTROL FOR

THE ALCOHOLIC POLICING PARTNERSHIP

GRANT, AND AUTHORIZING THE CHIEF OF

POLICE OR CITY MANAGER TO EXECUTE

THE GRANT PROGRAM AGREEMENT AND

RELATED DOCUMENTS
WHEREAS, the City of Orange (City) is interested in participating in the 2023/2024 Alcoholic Policing Partnership Grant (the Grant Program), which is made available through the Grant Assistance Program (GAP) and administered by the Department of Alcoholic Beverage Control (hereafter referred to as ABC); and
WHEREAS, following the City’s submittal of Grant Program application to the State of California and ABC, the City was awarded $90,000 in Grant funds; and WHEREAS, the City is familiar with and willing and able to comply with each of the terms, conditions and limitations imposed upon the City pursuant to the Grant in implementing education, prevention and enforcement of public nuisance problems associated with ABC establishments; and
WHEREAS, in order to be considered eligible to receive Grant Program funding, the City must adopt a Resolution accepting the award and execute the required documents in relation thereto.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORANGE, AS FOLLOWS:

1. The submission of the application for Grant Program funding on behalf of the City is hereby ratified and approved.

2. The City of Orange hereby accepts an award in the amount of $90,000 from the State of California and ABC for the Grant Program.

3. The City hereby agrees to comply with each and all of the terms, conditions and limitations imposed by the Grant Program.

4. The Chief of Police or City Manager is hereby authorized and directed, on behalf of the City, to execute any documents related to acceptance of Grant Program funding or 25 2
implementation of the Grant Program including, without limitation, agreements, amendments, extensions, and other documents.

5. The Chief of Police or City Manager is hereby authorized and directed to establish all required accounts and make any and all expenditures, appropriations, transfers, and/or distributions of funds on behalf of the City as are necessary and appropriate to carry out the purpose and intent of this Resolution.

6. Grant Program funds received hereunder shall not be used to supplant ongoing law enforcement expenditures.

ADOPTED this ____ day of ____________________, 2023.

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

Pamela Coleman, City Clerk, City of Orange

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 day of , 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
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46 Agenda Item
City Council
Item #: 3.4. 8/22/2023 File #: 23-0516
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Agreement with Michael Baker International for Community Development Block Grant, HOME Investment Partnerships Program, general grant, and housing management consulting services.

2. SUMMARY
The Agreement with Michael Baker International will provide continued support for the Community Development Block Grant, HOME Investment Partnerships Program, housing affordability period compliance monitoring, and federal grants administered and managed by the Community Development Department.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
Total expenditure for this agreement is $140,000 and will be funded through Community Development Block Grant (310), HOME (317), Low & Moderate Income Housing Asset Fund (921), and General Fund (100).

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

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

6. DISCUSSION AND BACKGROUND
The U.S. Department of Housing and Urban Development (HUD) provides grants to states, cities, and counties on an annual basis to provide housing support and uplift communities. One of the grants received by the City is the Community Development Block Grant (CDBG) used to provide suitable environments through economic opportunities for low and moderate income persons. City of Orange Page 1 of 3 Printed on 8/17/2023 powered by Legistar™ 47
Item #: 3.4. 8/22/2023 File #: 23-0516
suitable environments through economic opportunities for low and moderate income persons.

Another grant is the HOME Investment Partnerships Program (HOME) used to implement housing strategies designed to increase homeownership and affordable housing.

Due to the stringent requirements for the use of CDBG and HOME funds, Michael Baker International, Inc. (MBI) was retained in 2021 to assist in the reporting, monitoring, and compliance of HUD rules. While staff has been assuming many of the functions that MBI assisted with in the past fiscal years, this agreement will extend MBI’s support of reporting, monitoring, and compliance in the new fiscal year as a continued resource to ensure that any updates to HUD rules continue to be followed, current project support continues, and staff is kept informed of changes in program regulations.

In addition, this agreement also covers:

1. Services for the development of specialized documents and studies required for the use of HOME funding by prospective applicants looking to develop affordable housing projects in the City;

2. Monitoring assistance to City departments involved in the management of CDBG funded projects to ensure compliance with Davis Bacon;

3. Assist staff with the implementation of software aimed at streamlining the application process and compliance monitoring to a paperless based system;

4. Provide support for the development of the 2025-2029 Consolidated Plan. The Consolidated Plan is the City’s five-year strategic plan for the anticipated CDBG and HOME funding received within that period;

5. Assist staff with the development of a Tenant Based Rental Assistance Program (TBRA) that staff will return to Council at a later date for consideration.

Special Grant Assistance
MBI is also assisting with the reporting and compliance requirements for special purpose grants received from HUD, including the:

1. CDBG Coronavirus Aid, Relief, and Economic Security (CDBG-CV). CDBG-CV funding is for the preparation, prevention, and response to the coronavirus. To date, CARES funds have been used for business assistance and activities addressing homelessness.

2. HOME American Rescue Plan (HOME-ARP). The purpose of HOME-ARP is to reduce homelessness and promote housing stability. The HOME-ARP Plan approved by the City and HUD is focused on providing supportive services and resources to those experiencing homelessness and other vulnerable populations.

MBI also has experienced staff familiar with Successor Agency procedures and activities related to housing. As such, MBI is providing consulting and assistance with compliance during the affordability period of developments funded with former Redevelopment Agency.

Request for Proposals
The City requested written proposals from three consultants offering specialized services in grant administration in July 2021 to assist the City with the administration of grant funding and implement best practices. MBI was awarded the contract at the time based on qualifications, cost, and references.

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Staff recommends retaining the services of MBI for another year in order to ensure continuity with current ongoing projects and review of procedures in place. Additionally, MBI has become familiar with the projects, programs, procedures, and ongoing needs of the City. If the City were to retain the services of a different consultant at this time, delays would occur, as well as additional costs as the new consultants take time to learn the needs of the City.

Staff recommends approving the agreement with MBI to assist with the reporting, monitoring, and compliance of any HUD and HCD grants received, as well as advise on general grant administration as grants become available.

7. ATTACHMENTS
· Agreement with Michael Baker International
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Agenda Item
City Council
Item #: 3.4. 8/22/2023 File #: 23-0516
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Agreement with Michael Baker International for Community Development Block Grant, HOME Investment Partnerships Program, general grant, and housing management consulting services.

3. RECOMMENDED ACTION

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

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

6. DISCUSSION AND BACKGROUND
The U.S. Department of Housing and Urban Development (HUD) provides grants to states, cities, and counties on an annual basis to provide housing support and uplift communities. One of the grants received by the City is the Community Development Block Grant (CDBG) used to provide suitable environments through economic opportunities for low and moderate income persons. City of Orange Page 1 of 3 Printed on 8/17/2023 powered by Legistar™ 50
Item #: 3.4. 8/22/2023 File #: 23-0516
suitable environments through economic opportunities for low and moderate income persons.

Another grant is the HOME Investment Partnerships Program (HOME) used to implement housing strategies designed to increase homeownership and affordable housing.

In addition, this agreement also covers:

1. Services for the development of specialized documents and studies required for the use of HOME funding by prospective applicants looking to develop affordable housing projects in the City;

2. Monitoring assistance to City departments involved in the management of CDBG funded projects to ensure compliance with Davis Bacon;

3. Assist staff with the implementation of software aimed at streamlining the application process and compliance monitoring to a paperless based system;

5. Assist staff with the development of a Tenant Based Rental Assistance Program (TBRA) that staff will return to Council at a later date for consideration.

Special Grant Assistance
MBI is also assisting with the reporting and compliance requirements for special purpose grants received from HUD, including the:

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Item #: 3.4. 8/22/2023 File #: 23-0516
Staff recommends retaining the services of MBI for another year in order to ensure continuity with current ongoing projects and review of procedures in place. Additionally, MBI has become familiar with the projects, programs, procedures, and ongoing needs of the City. If the City were to retain the services of a different consultant at this time, delays would occur, as well as additional costs as the new consultants take time to learn the needs of the City.

7. ATTACHMENTS
· Agreement with Michael Baker International
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PROFESSIONAL SERVICES AGREEMENT
[CDBG, HOME, and General Grant & Housing Consultant Services] THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of _________________, 2023 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania corporation (“Contractor”), who agree as follows:

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

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

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

2. Compensation and Fees.
a. Contractor's total compensation for all services performed under this Agreement, shall not exceed ONE HUNDRED FORTY THOUSAND DOLLARS and 00/100 ($140,000.00) without the prior written authorization of City. b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.

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

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

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

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

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

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

8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement. 54 3
It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.

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

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

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

12. Reserved.

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

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

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

Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in 55 4
conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

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

17. Indemnity.
a. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:
(1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and
(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph. b. To the fullest extent permitted by law, and as limited by California Civil Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability 56 5
arising out of any claim, loss, injury to or death of persons or damage to property to the extent caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.
c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement. d. The indemnities set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.

18. Insurance.
a. Contractor shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any workers’ compensation benefits under any City program.
b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ($1,000,000.00) per occurrence; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis. c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($1,000,000.00); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis. d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement. e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.
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f. Contractor shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a minimum limit of One Million Dollars ($1,000,000.00) per claim. Contractor agrees to keep such policy in force and effect for at least five (5) years from the date of completion of this Agreement.
g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.

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

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

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

19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than five (5) days’ written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise. 58 7
Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

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

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

21. Compliance with all Laws/Immigration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement. b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
c. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and
(2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and
(3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, 59 8
without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and
(4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.
d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c. e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.
f. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.e.
g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City. h. Contractor agrees to indemnify and hold City, its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.

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

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

24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally, by e-mail, or by first class U.S. mail, postage prepaid, to each party at the address listed below. Either party may change the notice 60 9
address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by email shall be deemed received on the date of the e-mail transmission. “CONTRACTOR” “CITY”
Michael Baker International, Inc. City of Orange
3760 Kilroy Airport Way, Suite 270 300 E. Chapman Avenue Long Beach, CA 90806 Orange, CA 92866-1591
Attn.: William Hoose Attn.: Jessica Herrera
Telephone: (562) 753-2839 Telephone: (714) 744-7270
E-Mail: [email protected] E-Mail: [email protected]

25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.
[Remainder of page intentionally left blank; signatures on next page] 61 10
IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.
“CONTRACTOR” “CITY”
MICHAEL BAKER INTERNATIONAL, INC., CITY OF ORANGE, a municipal corporation a Pennsylvania 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: City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to City.
√
62 EXHIBIT “A”

SCOPE OF SERVICES
[Beneath this sheet.]
63 3760 Kilroy Airport Way, Suite 270 • Long Beach, CA 90806 • (562) 200-7173 1 | P a g e
July 18, 2023
Russell Bunim
Community Development Director

CITY OF ORANGE
300 E. Chapman Ave.

Orange, CA 92866
RE: Proposal for CDBG and HOME Program Administration Services Dear Mr. Bunim,
Michael Baker International (Michael Baker) is pleased to submit this proposal to continue to provide General Grant Assistance to the City of Orange. It is our understanding, the City seeks continued support with CDBG and HOME program administration (planning, program compliance, technical assistance, and ongoing financial reporting) in addition to Tenant Based Rental Assistance Implementation Assistance and preparation of the Consolidated Plan and Analysis of Impediments to Fair Housing and corresponding environmental documents.

Michael Baker has established sound practices and standard procedures to maintaina high level of accuracy and productivity in grant management. Our staff possesses over 30 years of grant management and public administration experience. Further, our staff regularly attends workshops and training sponsored by the Department of Housing and Urban Development and the State to remaincurrent withchangingregulations, principles,and procedures. Michael Baker staff members are well qualified to provide the services being requested by the City of Orange based on their educational background, career training, and work experience.

The Scope of Services is as follows:

1. General Federal Grant Assistance
a) Conduct weekly calls with staff regarding the status of the City’s CDBG and HOME Program. Take corrective actions as necessary.
b) Assist with the completion of monthly task items and ensure all are on track through end of fiscal year.
c) Provide technical assistance to staff with overall program administration. e) Provide assistance with the implementation of the TBRA Program. f) Assist staff with technical assistance regarding the administration of Successor Agency matters, PLHA, State grant reporting, HOME-ARP and other non-Federal Grant items.

2. 2022-23 CAPER
a) Prepare close out reports and CAPER
b) Assist with public participation/notices

3. Analysis of Impediments to Fair Housing Choice
a) Conduct consultation/prepare surveys
b) Gather and analyze data
c) Conduct Housing Summit
d) Prepare Agendas, Flyers, and Questionnaire
e) Attend public hearings as necessary
f) Prepare Report & submit to HUD as necessary
64 3760 Kilroy Airport Way, Suite 270 • Long Beach, CA 90806 • (562) 200-7173 2 | P a g e

4. Environmental Review
Prepare NEPA reviews for public service projects, capital projectsand additional projects associated with the Annual Action Plan.

5. CDBG and HOME Program Compliance and Monitoring.

Conduct annual monitoring of CDBG and HOME Program subrecipients which include Fair Housing Program; After-School Community Program; Bike Team Program; Assistance League of Orange – Operation School Bell; and Friendly Center Inc. – Community Food Orange, and Public Works projects. This task will also include monitoring of the HOME Program.

6. Labor Compliance.

Conduct monitoring services for compliance with HUD Section 3, Federal Davis-Bacon Act, and State of California Department of Industrial Relations’ requirements for approved projects which include ADA Wheelchair Access Ramps; Beverly Neighborhood Improvements; and Library Accessibility Improvements.

In addition to our full labor compliance monitoring and review services, Michael Baker can also provide optional services upon request at an additional fee to include:
• Prevailing Wage Determination
• Contractor Eligibility
• Pre-Construction Meeting Attendance
• Creation of a Labor Compliance
Welcome Package
• Certified Payroll Reporting
• Ensuring Apprenticeship Regulation
• LCP Tracking
• Site Visits and Interviews
• Labor Compliance Status Reporting
• Maintenance of Project Files
• Compliance Close-out

7. HOME Funded Affordable Housing Assistance
Assist staff with the administration of HOME affordable housing project implementation and reporting.

8. Map Creation
Michael Baker International (Michael Baker) is pleased to assist the City of Orange with the preparation of a Low-to-Moderate Income (LMI) map by Census Tract for the city’s Community Development Block Grant program. Michael Baker has extensive experience in creating accurate LMI maps for multiple jurisdictions that utilize the most up-to-date Census data available for the corresponding funding fiscal year.

Our maps are created with ESRI’s ArcGIS program. Esri is the global market leader in geographic information system (GIS) software, location intelligence, and mapping. We have geographic information system specialist in-house who can easily customize the maps generated to our client’s specification(s). All our maps are created with verifiable data sources that are noted on each image created.

Fees
We have broken down the cost per task and can customize the proposal to reflect whichever combination of services the city would like to engage Michael Baker if it differs from the proposed scope of services noted above.
65 3760 Kilroy Airport Way, Suite 270 • Long Beach, CA 90806 • (562) 200-7173 3 | P a g e
Task Hours
Allocated Estimated Cost
General Administration 240 $37,090
Preparation and Submission of 2022 – 2023
CAPER
72 $8,200
Analysis of Impediments to Fair Housing Choice 132 $16,000 Preparation of Environmental Review Records 60 $8,100
CDBG & HOME Compliance Monitoring 60 $5,950
Labor Compliance 60 $7,500
HOME Funded Affordable Housing Assistance 64 $10,680
Map Creation 32 $4,640
Total 720 $98,160
We believe that the services being offered by Michael Baker will fulfill the City’s needs in an efficient, task-oriented, and cost-effective manner. We sincerely appreciate the opportunity to submit this proposal and look forward to continuing to assist the City of Orange. If you have any questions regarding this proposal, please contact Monika Troncoso, at (714) 403-4879, or [email protected].

Sincerely,
William Hoose, AICP
Vice President
66 Agenda Item
City Council
Item #: 3.5. 8/22/2023 File #: 23-0532
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with Orange County Transportation Authority for Countywide Signal Synchronization Baseline Project.

2. SUMMARY
This cooperative agreement between the City of Orange and Orange County Transportation Authority establishes the respective responsibilities of each agency to develop and implement interjurisdictional traffic signal synchronization along various corridors within the City as part of a countywide effort to enhance traffic flow and reduce congestion.

3. RECOMMENDED ACTION
Approve the agreement with Orange County Transportation Authority for the Countywide Signal Synchronization Baseline Project; and authorize the City Manager and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
None.

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

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

6. DISCUSSION AND BACKGROUND
Since 2011, through an annual call for regional corridor projects, Orange County Transportation Authority’s (OCTA) Measure M2 Regional Traffic Signal Synchronization Program (Project P) has been successful in re-timing over 2000 signals in Orange County. In the past decade, ten major corridors within the City of Orange have been selected for competitive Project P grant funding and synchronized and re-timed - all at various times within the past decade. Projects funded through Project P have improved travel times, reduced delays and congestion, and increased the number of successive green lights drivers experience in their daily commutes. However, an arterial corridor City of Orange Page 1 of 2 Printed on 8/17/2023
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successive green lights drivers experience in their daily commutes. However, an arterial corridor experiences the most benefits immediately following a re-timing effort, as it was optimized for the current traffic conditions. With traffic patterns and volumes fluctuating throughout the years since the re-timing efforts, these timing plans become less effective, especially when crossing corridors are retimed impacting the progression along the arterial corridor. Therefore, it is best practice to periodically re-synchronize traffic signals to ensure operational efficiency and adjust for changes in traffic.

After a decade of re-timing regional corridors through various calls, OCTA aims to build and reset the synchronization baseline for Orange County’s Signal Synchronization Network (SSN) through the Countywide Signal Synchronization Baseline Project (Project). This project would help ensure that the timing of all signals on the SSN are revisited on a consistent basis rather than relying on an overdue corridor to be nominated by participating agencies. As part of this effort OCTA has engaged all 34 local cities, the County of Orange, the California Department of Transportation (Caltrans), and the Orange County Fire Authority (OCFA) as participants in this countywide project.

The project will accomplish the following:

1. Set a countywide signal synchronization baseline by re-timing approximately 2,500 Orange County signals along regionally significant corridors to avoid any crossing coordination conflicts and ensure signal timing is based on current traffic volumes.

2. Separate Orange County into zones with signals and corridor segments grouped based on traffic progression and to facilitate implementation.

3. Transition from a corridor-based to zone-based approach that is re-timed on a regular basis to minimize conflicts with crossing corridors. Monitor the performance of the signals in the interim and enhance upcoming re-timing efforts to maximize the benefits of the zone-based approach.

It should be noted that OCTA will continue to offer annual calls for corridor projects that balance signal synchronization (timing changes) and signal capital improvements (equipment and hardware upgrades) under Project P so that Orange County signals continue to be modernized.

The cooperative agreement describes the duties and responsibilities between OCTA and the City of Orange on the Project for the next five years. By entering into the cooperative agreement, the City of Orange would be agreeing to support OCTA’s countywide efforts by providing requested existing traffic signal data and plans, committing staff time to review recommended timing plans, and overall participation to implement the Project. OCTA will be the lead and implementing agency for the Project and as part of this effort, will be procuring and managing a consultant to collect any traffic data necessary and develop and implement synchronized timing plans. OCTA has secured Congestion Mitigation and Air Quality (CMAQ) funds for the implementation of the Project. There is no funding obligation for the City to participate other than in-house resources (staff time) as needed.

Staff recommends approval of the agreement with OCTA and for Council to authorize the City Manager to executed on behalf of the City.

7. ATTACHMENTS
· Cooperative Agreement No. C-3-2428
City of Orange Page 2 of 2 Printed on 8/17/2023
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Agenda Item
City Council
Item #: 3.5. 8/22/2023 File #: 23-0532
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with Orange County Transportation Authority for Countywide Signal Synchronization Baseline Project.

4. FISCAL IMPACT
None.

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

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

6. DISCUSSION AND BACKGROUND
Since 2011, through an annual call for regional corridor projects, Orange County Transportation Authority’s (OCTA) Measure M2 Regional Traffic Signal Synchronization Program (Project P) has been successful in re-timing over 2000 signals in Orange County. In the past decade, ten major corridors within the City of Orange have been selected for competitive Project P grant funding and synchronized and re-timed - all at various times within the past decade. Projects funded through Project P have improved travel times, reduced delays and congestion, and increased the number of successive green lights drivers experience in their daily commutes. However, an arterial corridor City of Orange Page 1 of 2 Printed on 8/17/2023
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Item #: 3.5. 8/22/2023 File #: 23-0532
successive green lights drivers experience in their daily commutes. However, an arterial corridor experiences the most benefits immediately following a re-timing effort, as it was optimized for the current traffic conditions. With traffic patterns and volumes fluctuating throughout the years since the re-timing efforts, these timing plans become less effective, especially when crossing corridors are retimed impacting the progression along the arterial corridor. Therefore, it is best practice to periodically re-synchronize traffic signals to ensure operational efficiency and adjust for changes in traffic.

The project will accomplish the following:

2. Separate Orange County into zones with signals and corridor segments grouped based on traffic progression and to facilitate implementation.

Staff recommends approval of the agreement with OCTA and for Council to authorize the City Manager to executed on behalf of the City.

7. ATTACHMENTS
· Cooperative Agreement No. C-3-2428
City of Orange Page 2 of 2 Printed on 8/17/2023
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COOPERATIVE AGREEMENT NO. C-3-2428

BETWEEN

ORANGE COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF ORANGE
FOR

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT
THIS COOPERATIVE AGREEMENT (Agreement), is effective this _______ day of _________________, 2023 (“Effective Date”), by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation of the State of California (herein referred to as “AUTHORITY”) and the City of Orange, a municipal corporation duly organized and existing under the constitution and laws of the State of California (“PARTICIPATING AGENCY”), each individually known as “Party” and collectively known as “Parties”.

RECITALS:

WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCY is working together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program (RTSSP) to enhance countywide traffic flow and reduce congestion; and
WHEREAS, the AUTHORITY completed a Countywide Signal Synchronization Plan Study (hereinafter, “PLAN STUDY”) in support of the RTSSP and received authorization from the AUTHORITY’s Board of Directors on March 14, 2022, to update the Traffic Signal Synchronization Master Plan in accordance with the PLAN STUDY recommendations; and WHEREAS, the AUTHORITY secured Congestion Mitigation and Air Quality (“CMAQ”) funds for the implementation of a Countywide Signal Synchronization Baseline Project (hereinafter, “PROJECT”) as presented in the PLAN STUDY; and
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WHEREAS, the AUTHORITY intends to release a request for proposals to secure a consultant (“CONSULTANT”) to implement the PROJECT; and
WHEREAS, based on the PLAN STUDY the AUTHORITY agrees to act as the implementing agency to carry out the PROJECT; and
WHEREAS, the PROJECT will include approximately 2,500 traffic signalized intersections along regionally significant corridors within Orange County; and WHEREAS, approximately 104 PARTICIPATING AGENCY-owned and operated signalized intersections and 3 (three) optional operated signalized intersections will be included as part of the PROJECT; and
WHEREAS, the PROJECT will include all 34 Orange County cities and the County of Orange; and
WHEREAS, the AUTHORITY will enter into a separate cooperative agreement with each participating agency in each jurisdiction for implementation of the PROJECT; and WHEREAS, the AUTHORITY and the PARTICIPATING AGENCY acknowledges and understands that in-house resources (staff hours) from the PARTICIPATING AGENCY will provide various services in support of the PROJECT; and
WHEREAS, the AUTHORITY and the PARTICIPATING AGENCY desire to enter into this Agreement to implement the PROJECT in support of the RTSSP; and WHEREAS, this Agreement defines the specific terms and conditions, and between the AUTHORITY and the PARTICIPATING AGENCY for the implementation of the PROJECT; and WHEREAS, the PARTICIPATING AGENCY’s City Council approved this Agreement on the _____ day of ___________________, 202_____.

NOW, THEREFORE, it is mutually understood and agreed by the AUTHORITY and the PARTICIPATING AGENCY as follows:
/
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ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this Agreement between the AUTHORITY and the PARTICIPATING AGENCY and supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement.

The above referenced Recitals are true and correct and are incorporated by reference herein.

B. The AUTHORITY’s failure to insist on any instance(s) of the PARTICIPATING AGENCY’s performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the AUTHORITY’s right to such performance or to future performance of such term(s) or condition(s), and the PARTICIPATING AGENCY’s obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon the AUTHORITY except when specifically confirmed in writing by an authorized representative of the AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.

C. The PARTICIPATING AGENCY’s failure to insist on any instance(s) of the AUTHORITY’s performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the PARTICIPATING AGENCY’s right to such performance or to future performance of such term(s) or condition(s), and the AUTHORITY’s obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon the PARTICIPATING AGENCY except when specifically confirmed in writing by an authorized representative of the PARTICIPATING AGENCY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.
/
/
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ARTICLE 2. SCOPE OF AGREEMENT
This Agreement specifies the roles and responsibilities of the Parties as they pertain to the subjects and PROJECT addressed herein. The Parties agree that each will cooperate and coordinate with the other Party in all activities covered by this Agreement and any other supplemental agreements that may be required to facilitate purposes thereof.

ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
The AUTHORITY, as the lead agency, agrees to the following responsibilities for the implementation of the PROJECT:

A. To designate a Project Manager as a single point of contact for the Project.

B. The AUTHORITY, or agents of the AUTHORITY, shall manage, procure, implement, and complete all aspects of the PROJECT, including filing all documentation necessary to comply with the Congestion Mitigation and Air Quality (CMAQ) funding for the PROJECT.

C. The AUTHORITY, or agents of the AUTHORITY, shall coordinate outreach with the PARTICIPATING AGENCY for the PROJECT.

D. The AUTHORITY, or agents of the AUTHORITY, shall collect all data necessary to provide new optimized timing plans including, but not limited to, manual or video all movement counts at each PROJECT signalized intersection, and a mutually agreed upon number and location of 24 hours 7 days automated machine traffic counts with vehicle classification.

E. The AUTHORITY, or agents of the AUTHORITY, shall develop and implement new timing plans optimized for signal synchronization.

F. The AUTHORITY, or agents of the AUTHORITY, shall provide updated timing plans for all control systems and all relevant data used to develop said plans to the PARTICIPATING AGENCY.

G. The AUTHORITY, or agents of the AUTHORITY, shall prepare a conceptual plan for the delivery of the PROJECT. The AUTHORITY, or agents of the AUTHORITY, shall provide all reports to the PARTICIPATING AGENCY in draft and final formats for review and comment. The PARTICIPATING AGENCY comments shall be noted in the final report.
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H. The AUTHORITY shall provide oversight to maintain inter-jurisdictional traffic signal operational integrity between the PROJECT and other signal synchronization projects not older than three (3) years from the effective date of this Agreement.

I. The AUTHORITY shall provide formats, templates, and guidance in reporting requirements necessary for the PROJECT.

J. The AUTHORITY, or agents of AUTHORITY, under this Agreement and upon closeout of PROJECT, may perform a technical and/or field review to ensure that the CMAQ guidelines, policies, and procedures were followed.

ARTICLE 4. RESPONSIBILITIES OF THE PARTICIPATING AGENCY The PARTICIPATING AGENCY agrees to the following responsibilities for implementation of the PROJECT:

A. The PARTICIPATING AGENCY shall provide a technical representative to meet and participate as a member of the PROJECT’s Traffic Forum.

B. The PARTICIPATING AGENCY shall authorize the AUTHORITY to manage, procure, and implement all aspects of the PROJECT.

C. The PARTICIPATING AGENCY shall participate and support the PROJECT implementation.

D. The PARTICIPATING AGENCY shall provide the AUTHORITY, or agents of the AUTHORITY, all current intersection as-built drawings, all current intersections controller assembly plans as provided by the manufacturer and modified by the PARTICIPATING AGENCY since original installation, local field master, local controller, Advanced Traffic Management System timing plans, and other ITS-related data upon request.

E. The PARTICIPATING AGENCY shall inform the AUTHORITY of new traffic signal installations and any traffic signal modifications, which would materially affect the performance of the regional corridors on the PROJECT.
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F. The PARTICIPATING AGENCY shall maintain in good condition existing traffic signal equipment for the PROJECT, such as signal communication and traffic signal controllers.

G. The PARTICIPATING AGENCY shall waive all fees associated with permits that would otherwise be required from the CONSULTANT, subconsultants, and/or service or equipment providers in the performance of the PROJECT.

ARTICLE 5. DELEGATED AUTHORITY
The actions required to be taken by the PARTICIPATING AGENCY in the implementation of this Agreement are delegated to its respective City Manager, or City Manager’s designee, and the actions required to be taken by the AUTHORITY in the implementation of this Agreement are delegated to the AUTHORITY’s Chief Executive Officer or Chief Executive Officer’s designee.

ARTICLE 6. AUDIT AND INSPECTION
PARTICIPATING AGENCY shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING AGENCY shall permit the authorized representatives of AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCY for a period of five (5) years after final payment, final closeout, or until any on-going audit is completed, whichever is later. For purposes of audit, the date of completion of this Agreement shall be the date of AUTHORITY’s payment of CONSULTANT’s final billing (so noted on the paid invoice) under this Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above provision with respect to audits shall extend to and/or be included in contracts with AUTHORITY’S contractor.

ARTICLE 7. INDEMNIFICATION
A. To the fullest extent permitted by law, the PARTICIPATING AGENCY shall defend (at the PARTICIPATING AGENCY’s sole cost and expense with legal counsel reasonably acceptable to the AUTHORITY), indemnify, protect, and hold harmless the AUTHORITY, and its officers, directors, employees, and agents (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, 76 COOPERATIVE AGREEMENT NO. C-3-2428

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demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (PARTICIPATING AGENCY’s employees included), for damage to property, including property owned by the AUTHORITY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of the PARTICIPATING AGENCY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement.

B. To the fullest extent permitted by law, the AUTHORITY shall defend (at the AUTHORITY’s sole cost and expense with legal counsel reasonably acceptable to the PARTICIPATING AGENCY), indemnify, protect, and hold harmless the PARTICIPATING AGENCY, including their officers, directors, employees, and agents (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (AUTHORITY’s employees included), for damage to property, including property owned by the PARTICIPATING AGENCY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of the AUTHORITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement.

C. The indemnification and defense obligations of this Agreement shall survive its expiration or termination.

ARTICLE 8. ADDITIONAL PROVISIONS
A. Term of Agreement: This Agreement shall be in full force and effect from the Effective Date through December 31, 2028.

B. Amendment: This Agreement may be extended or amended in writing at any time by the mutual consent of both Parties. No amendment shall have any force or effect unless executed in writing by all Parties.
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C. Termination: In the event any Party defaults in the performance of their respective obligations under this Agreement or breaches any of the provisions of this Agreement, the non-defaulting Party shall have the option to terminate this Agreement upon thirty (30) calendar days prior written notice to the Party in default.

D. Termination for Convenience: Either Party may terminate this Agreement for its convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for convenience to the other Party.

E. AUTHORITY and Parties shall comply with all applicable federal, state, and local laws, statues, ordinances, and regulations of any governmental authority having jurisdiction over the PROJECT.

F. Legal Authority: The Parties hereto consent that they are authorized to execute this Agreement on behalf of said Party and that, by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement.

G. Severability: If any term, provision, covenant, or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each remaining term, provision, covenant, or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

H. Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same Agreement. Facsimile/electronic signatures shall be permitted.

I. Assignment: Neither this Agreement, nor any of the Parties’ rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. /
78 COOPERATIVE AGREEMENT NO. C-3-2428

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

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J. Governing Law: The laws of the State of California and applicable local and federal laws, regulations, and guidelines shall govern this Agreement.

K. Litigation Fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney’s fees, to the prevailing Party.

L. Notices: Any notices, requests, or demands made between the Parties pursuant to this Agreement are to be directed as follows:

To PARTICIPATING AGENCY: To AUTHORITY:

City of Orange Orange County Transportation Authority
300 East Chapman Avenue
Orange, CA 92866
550 South Main Street
P. O. Box 14184
Orange, CA 92863-1584
Attention: Larry Tay
City Traffic Engineer
Tel: (714) 744-5534
Email: [email protected]
Attention: Michael Le
Senior Contract Administrator
Tel: (714) 560-5314
Email: [email protected]
CC: Alicia Yang
OCTA Project Manager
Tel: (714) 560-5362
Email: [email protected]
M. Force Majeure: Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other Party, when satisfactory evidence of such cause is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. 79 COOPERATIVE AGREEMENT NO. C-3-2428

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-3-2428 to be executed as of the date of the last signature below.

CITY OF ORANGE ORANGE COUNTY TRANSPORTATION AUTHORITY
By: ___________________________ By: __________________________________ Thomas C. Kisela Meena Katakia
City Manager Manager, Capital Projects
Dated: _________________________ Dated: _________________________ ATTEST: APPROVED AS TO FORM:

By: ___________________________ By: __________________________________ Pamela Coleman James M. Donich
City Clerk General Counsel
Dated: _________________________ Dated: _________________________

APPROVED AS TO FORM
By: ___________________________
Michael J. Vigliotta
City Attorney
Dated: _________________________
80 Agenda Item
City Council
Item #: 3.6. 8/22/2023 File #: 23-0535
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Agreement with Paul Kott Realtors, Inc. for real estate broker services.

2. SUMMARY
Professional Services Agreement with Paul Kott Realtors, Inc. for real estate broker services to assist with the lease or sale of City properties.

3. RECOMMENDED ACTION
Approve the agreement with Paul Kott Realtors, Inc. for real estate broker services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The compensation for this agreement is limited to a percentage of the purchase price or value from the sale or lease of City properties.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
b: Analyze future fiscal needs and potential revenue opportunities. d: Effectively manage and develop City assets.

6. DISCUSSION AND BACKGROUND
The City owns a small number of properties that it has purchased, or acquired from the former redevelopment agency, that are intended for future government purposes. These properties are typically leased out to generate revenue for the City while they are not being used as a public facility.

The City Council has asked staff to review the existing portfolio of properties and provide options to better utilize these properties or dispose of those properties that may no longer be needed for government purposes. The proposed Professional Services Agreement with Paul Kott Realtors, Inc. (PKR) would provide a professional real estate broker to assist staff with this effort.

PKR has extensive knowledge of the local real estate market and experience with the lease and sale of commercial and residential properties. This expertise will allow staff to provide an accurate analysis of the potential for each City property and ensure the effective management and development of these assets. Any lease or sale of property would require City Council approval and under the agreement PKR is compensated on a commission basis with a percentage of the lease City of Orange Page 1 of 2 Printed on 8/16/2023
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Item #: 3.6. 8/22/2023 File #: 23-0535
value or sale proceeds.

7. ATTACHMENT
· Professional Services Agreement with Paul Kott Realtors, Inc.

City of Orange Page 2 of 2 Printed on 8/16/2023
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Agenda Item
City Council
Item #: 3.6. 8/22/2023 File #: 23-0535
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Agreement with Paul Kott Realtors, Inc. for real estate broker services.

2. SUMMARY
Professional Services Agreement with Paul Kott Realtors, Inc. for real estate broker services to assist with the lease or sale of City properties.

3. RECOMMENDED ACTION
Approve the agreement with Paul Kott Realtors, Inc. for real estate broker services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The compensation for this agreement is limited to a percentage of the purchase price or value from the sale or lease of City properties.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
b: Analyze future fiscal needs and potential revenue opportunities. d: Effectively manage and develop City assets.

PKR has extensive knowledge of the local real estate market and experience with the lease and sale of commercial and residential properties. This expertise will allow staff to provide an accurate analysis of the potential for each City property and ensure the effective management and development of these assets. Any lease or sale of property would require City Council approval and under the agreement PKR is compensated on a commission basis with a percentage of the lease City of Orange Page 1 of 2 Printed on 8/16/2023
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Item #: 3.6. 8/22/2023 File #: 23-0535
value or sale proceeds.

7. ATTACHMENT
· Professional Services Agreement with Paul Kott Realtors, Inc.

City of Orange Page 2 of 2 Printed on 8/16/2023
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PROFESSIONAL SERVICES AGREEMENT
[Real Estate Broker Services]
THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of _______________, 2023 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and PAUL KOTT REALTORS, INC., a California corporation (“Contractor”), who agree as follows:

2. Compensation and Fees.
a. Contractor's total compensation for all services performed under this Agreement, shall be a percentage of the purchase price/value from the sale or lease of City properties as set forth in Exhibit “A”.
b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.

3. Payment.
a. As real estate transactions are completed, Contractor shall submit to City an invoice for the services completed as set forth in Exhibit “A”. b. All such invoices shall state the basis for the amount invoiced, including services completed.
c. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.
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8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement.

It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.

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

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

12. Reserved.

Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. 87 4
c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

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

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

18. Insurance.
a. Contractor shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any workers’ compensation benefits under any City program.
b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ($1,000,000) per occurrence; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis. c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis. d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement. e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.
f. Contractor shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a minimum limit of One Million Dollars ($1,000,000) per claim. Contractor agrees to keep 89 6
such policy in force and effect for at least five (5) years from the date of completion of this Agreement.
g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.

19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than sixty (60) days’ written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.

Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with 90 7
this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

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

24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally, by e-mail, or by first class U.S. mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by email shall be deemed received on the date of the e-mail transmission. 92 9
“CONTRACTOR” “CITY”
Paul Kott Realtors, Inc. City of Orange
1225 W. Lincoln Avenue 300 E. Chapman Avenue
Anaheim, CA 92805 Orange, CA 92866-1591
Attn.: Paul Kott Attn.: Economic Development Manager
Telephone: (714) 772-7000 Telephone: (714) 744-2222
E-Mail: [email protected] E-Mail: [email protected]

25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.
[Remainder of page intentionally left blank; signatures on next page] 93 10
IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.
“CONTRACTOR” “CITY”
PAUL KOTT REALTORS, 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:

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

Residential Real Estate: 5% commission paid through escrow upon the closing of the sale.

Commercial Lease (5-year term or shorter): 5% of total lease value paid in the following increments:
25% at lease execution
25% at end of year one
25% at end of year two
25% at end of year three
Commercial Lease (greater than 5-year term): 5% of lease value (years 1-5), plus 3% of lease value (years 6-10), plus 1.5% of lease value (years 11-30) paid in the following increments:
20% at lease execution
20% at end of year one
20% at end of year two
20% at end of year three
20% at end of year four
95 Agenda Item
City Council
Item #: 3.7. 8/22/2023 File #: 23-0553
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta, City Attorney

1. SUBJECT
First Amendment to Attorney Services Agreement with Richards, Watson & Gershon to provide legal services.

2. SUMMARY
The City currently has an agreement with Richards, Watson & Gershon to provide legal services, for an amount not to exceed $30,000, which will soon be expended. The proposed First Amendment will increase the not to exceed amount by $20,000 for a total amount not to exceed $50,000.

3. RECOMMENDED ACTION
Approve a First Amendment to Attorney Services Agreement with Richards, Watson & Gershon in an amount not to exceed $20,000; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this amendment is not to exceed $20,000 and will be funded through General Fund (100) expenditure account number 100.0301.51600.00000.

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

6. DISCUSSION AND BACKGROUND
While the City Attorney’s Office handles most cases, the City does contract with outside counsel when the complexity of a case, or a significant burden to staff time requires additional staffing expertise.

The First Amendment of the agreement with Richards, Watson & Gershon, to increase the contract by $20,000, will raise the total not to exceed amount to $50,000, and is necessary to carry out specialized legal services.

7. ATTACHMENTS
· First Amendment to Attorney Services Agreement
City of Orange Page 1 of 1 Printed on 8/17/2023
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Agenda Item
City Council
Item #: 3.7. 8/22/2023 File #: 23-0553
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta, City Attorney

1. SUBJECT
First Amendment to Attorney Services Agreement with Richards, Watson & Gershon to provide legal services.

4. FISCAL IMPACT
The total expenditure for this amendment is not to exceed $20,000 and will be funded through General Fund (100) expenditure account number 100.0301.51600.00000.

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

7. ATTACHMENTS
· First Amendment to Attorney Services Agreement
City of Orange Page 1 of 1 Printed on 8/17/2023
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FIRST AMENDMENT
TO

ATTORNEY SERVICES AGREEMENT
THIS FIRST AMENDMENT TO ATTORNEY SERVICES AGREEMENT (the “First Amendment”) is made and entered into as of _________________, 2023, by and between the CITY OF ORANGE, a municipal corporation (“City”), and RICHARDS, WATSON & GERSHON, A Professional Corporation (“Law Firm”), with reference to the following:

A. City and Law Firm entered into an Attorney Services Agreement (Agreement No. 7483) dated as of April 11, 2023, which is incorporated herein by this reference (the “Original Agreement”); and
B. City and Law Firm desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement by increasing the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

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

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

Section 3 Compensation. The total not-to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by TWENTY THOUSAND DOLLARS and 00/100 ($20,000.00) and Section 2.a is hereby amended in its entirety to read as follows:
“Contractor's total compensation for all services performed under this Agreement, shall not exceed FIFTY THOUSAND DOLLARS and 00/100 ($50,000.00) without the prior written authorization of City.”
Section 4. Integration. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.
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IN WITNESS of this First Amendment, the parties enter into this First Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
RICHARDS, WATSON & GERSHON, CITY OF ORANGE, a municipal corporation A Professional Corporation
*By: By:

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

Printed Name:

Title:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

Michael J. Vigliotta, 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.
√
99 Agenda Item
City Council
Item #: 3.8. 8/22/2023 File #: 23-0522
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director
Christopher Cash, Public Works Director

1. SUBJECT
Second Amendment to the Agreement with California Waters Development, Inc. for maintenance of City fountains.

2. SUMMARY
The City currently has an agreement for $86,904.80 with California Waters Development Inc. to provide maintenance of all City fountains at parks and city facilities. California Waters Development Inc. has since notified the City of unforeseen additional service expenses due to aging infrastructure.

The proposed Second Amendment to the Agreement includes repairs and maintenance in the amount of $61,215 and a 10 percent contingency of $6,121.50, for a total amount of $67,336.50.

The Second Amendment would bring the total not-to-exceed amount to $154,241.30.

3. RECOMMENDED ACTION
Approve the Second Amendment with California Waters Development, Inc. in the amount of $67,336.50 for maintenance of City fountains; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for the Second Amendment is $67,336.50 and will be funded through the General Fund (100).

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

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

6. DISCUSSION AND BACKGROUND
California Waters Development Inc. (CA Waters) currently provides routine maintenance for all City fountains located in city parks and facilities. The vendor also provides emergency service and repairs as needed, which has recently included the replacement of a pump stand, vault control repairs, water pump repairs, and electrical equipment troubleshooting. In addition, due to the aging infrastructure supporting all City fountains, the vendor recently identified critical supplemental repairs City of Orange Page 1 of 2 Printed on 8/17/2023
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Item #: 3.8. 8/22/2023 File #: 23-0522
infrastructure supporting all City fountains, the vendor recently identified critical supplemental repairs and deep cleanings that will be needed at each individual fountain within the next 24 months. While this additional service was not budgeted for in FY24, staff believes sufficient funding exists to cover the first-year cost. Staff will adjust the budget in FY25 to account for the second-year cost.

Staff is recommending that the City Council approve the Second Amendment with CA Waters for unforeseen additional City fountain repairs and maintenance. The total amount included in the proposed Second Amendment is $61,215. The Second Amendment also includes a 10 percent contingency of $6,121.50, for a total of $67,336.50. The Second Amendment would bring the total contract not-to-exceed amount to $154,241.30. The total expenditure for the Second Amendment will be funded through the General Fund (100). The current agreement expires in February 2026, at which time, services for City fountains will be put out to bid. This Second Amendment does not include repairs to the Plaza fountain that are necessary as a result of the March 2023 Plaza drive through.

7. ATTACHMENTS
· Second Amendment to Maintenance Services Agreement with California Waters Development, Inc
City of Orange Page 2 of 2 Printed on 8/17/2023
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Agenda Item
City Council
Item #: 3.8. 8/22/2023 File #: 23-0522
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director
Christopher Cash, Public Works Director

1. SUBJECT
Second Amendment to the Agreement with California Waters Development Inc., for maintenance of City fountains.

The proposed Second Amendment to the Agreement includes repairs and maintenance in the amount of $61,215 and a 10 percent contingency of $6,121.50, for a total amount of $67,336.50.

The Second Amendment would bring the total not-to-exceed amount to $154,241.30.

4. FISCAL IMPACT
The total expenditure for the Second Amendment is $67,336.50 and will be funded through the General Fund (100).

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

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

6. DISCUSSION AND BACKGROUND
California Waters Development Inc. (CA Waters) currently provides routine maintenance for all City fountains located in city parks and facilities. The vendor also provides emergency service and repairs as needed, which has recently included the replacement of a pump stand, vault control repairs, water pump repairs, and electrical equipment troubleshooting. In addition, due to the aging infrastructure supporting all City fountains, the vendor recently identified critical supplemental repairs City of Orange Page 1 of 2 Printed on 8/17/2023
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Item #: 3.8. 8/22/2023 File #: 23-0522
infrastructure supporting all City fountains, the vendor recently identified critical supplemental repairs and deep cleanings that will be needed at each individual fountain within the next 24 months. While this additional service was not budgeted for in FY24, staff believes sufficient funding exists to cover the first-year cost. Staff will adjust the budget in FY25 to account for the second-year cost.

7. ATTACHMENTS
· Second Amendment to Maintenance Services Agreement with California Waters Development, Inc
City of Orange Page 2 of 2 Printed on 8/17/2023
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SECOND AMENDMENT
TO

MAINTENANCE SERVICES AGREEMENT
[Maintenance Services for City Fountains (RFB 21-22.16)] 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 CALIFORNIA WATERS DEVELOPMENT, INC., a California corporation, doing business as CALIFORNIA WATERS(“Contractor”), with reference to the following:

A. City and Contractor entered into a Maintenance Services Agreement (Agreement No. 7328) dated January 11, 2022, which is incorporated herein by this reference (the “Original Agreement”); and
B. City and Contractor amended the Original Agreement to increase the compensation by a First Amendment to Maintenance Services Agreement (Agreement No. 7328.1) dated January 17, 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 increase the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

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

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

Section 3. Compensation. The total not-to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by SIXTY-SEVEN THOUSAND THREE HUNDRED THIRTY-SIX DOLLARS and 50/100 ($67,336.50) and Section

2.a is hereby amended in its entirety to read as follows:
“Contractor's total compensation for all services performed under this Agreement, shall not exceed ONE HUNDRED FIFTY-FOUR THOUSAND TWO HUNDRED FORTYONE DOLLARS and 30/100 ($154,241.30) without the prior written authorization of City.”
Section 4. Integration. This Second Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Original Agreement, the 104
2 terms and provisions of this Second Amendment shall control and govern the rights and obligations of the parties.

IN WITNESS of this Second Amendment, the parties enter into this Second Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
CALIFORNIA WATERS DEVELOPMENT, CITY OF ORANGE, a municipal corporation INC., a California corporation, doing business
as CALIFORNIA WATERS
By:

Daniel R. Slater, Mayor
*By:

Printed Name:

Title:

ATTEST:
*By:

Printed Name:

Title: Pamela Coleman, City Clerk
APPROVED AS TO FORM:

Michael J. Vigliotta, 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. √
105
23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960 Sent by Email
July 3, 2023
ATTENTION: Mr. Robert Ambriz, Jr.

Parks & Facilities Manager
Ms. Ashlie Valencia
Administrative Assistant
Community Services Department
City of Orange County
PROPERTY: Four Public Fountains
SCOPE: Upcoming Maintenance and Repairs
Robert and Ashlie, per your recent requests and our recent conversations, this proposal is a lookahead for the service and repairs of the City’s four fountains.

The current service contract of course is in place, and has included in it, as you know, options for the City to renew on a 12-month basis. We believe we are in year two of that contract, and that there are two renewal options remaining under the existing contract.

It calls for twice-weekly visits, at non-prevailing wage labor rates, for ordinary maintenance of the four City fountains (in no particular order): Train Depot, Plaza, City Hall, and Library. The renewals include built-in price increases at rates that now appear favorable to the City in light of recent inflation, and we will be pleased to honor them when the time comes.

The rates are also fountain by fountain specific, allowing for any one fountain to be left off while the service continues at the others; the recent events at the Plaza being a notable example of such an event.

We have been asked to offer a lookahead of potential repairs for the next 24 months. Please find that attached here and marked as Exhibit A. Please reference the footnotes associated with the exhibit as well.

Exhibit A: Page 1 of 8
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23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960

EXHIBIT A
FOUNTAIN/Category First 12 Months Next 12 Months Note

TRAIN STATION
Deep Clean - 1x Year 3,200 3,200
Filter Media - 1x Year 800 900
Ladder Install 1,000 - One Time Repair
Miscellaneous 1,000 1,000

CITY HALL
Deep Clean - 1x Year 2,500 2,500
Filter Media - 1x Year 700 750
Light Installation - three units/yr 4,500 4,500 This is Optional Miscellaneous 1,000 1,000

LIBRARY
Deep Clean and Painting- 1x Year 4,000 4,000
Filter Media - 1x Year (two units) 1,200 1,300
Autofill Repair 2,000 - One Time Repair
Miscellaneous 1,000 1,000
PLAZA
Deep Clean - 1x Year - 4,000 Assumes no year 1
Painting - 1x Year - 1,000 Assumes no year 1
Filter Media - 1x Year 700 750
Miscellaneous 1,500 1,500
Redo System (NOT incl. in Total) - 25,000 This is Optional TOTAL
TRAIN STATION 6,000 5,100 11,100
CITY HALL 8,700 8,750 17,450
LIBRARY 8,200 6,300 14,500
PLAZA 2,200 7,250 9,450
Total 25,100 27,400 52,500
NOTES:
1 Budgetary Pricing Only. Prepared at Customer's request for scale and scope review. Not a bid. 2 Actual spending may, indeed is likely, to differ.
3 Repairs may arise in categories not named.
4 Excludes recurring service costs for regular monthly maintenance under existing contract. 5 Painting line items exclude cost of actual specialty two-part paint, provided by City. 6 Items shown as Optional are recommended but not required for ongoing operation. 7 City Hall Light Installation pricing subject to change depending on scope and item (and count). 8 Line for Plaza-Redo System intentionally not included in Total's as to skew the numbers, optional item. 9 Miscellaneous Is a Placeholder for Extra callouts, Emergency visits, Unknown repairs to equipment; For example, if a full pump were to fail, then the placeholder figure would certainly be too low. 10 For repairs for Plaza directly connected to the car crash, there are no costs included herein at this time.

Exhibit A: Page 2 of 8
107
23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960 We greatly appreciate the opportunity to be of service. Please call me with any questions or concerns you may have, at any time. Thank you.

Sincerely,
Jeffrey /s/
Jeffrey Barman
Office: (949) 528-0900, Ext. 102
Fax: (949) 528-0910
Email: [email protected]
General Notes and Exclusions:
1) Should other deficiencies be found during the above work, those repairs are not included in the proposal and would thus incur additional charges.
2) Certain services may be performed by California Waters Development, Inc. dba California Waters, on behalf of California Waters, LLC.
3) This proposal is valid for 10 days.
4) Exclusions include all: Design, Engineering, Permits, Plans, Traffic Control, Pedestrian Control, SWPPP, O&M Manuals, As-Builts, Power, Water (including fill water), Sanitation, Fencing, Security, Bonding, Retention, Liquidated Damages. 5) Customer to provide nearby parking at no cost.
6) Terms: Due 100% net 30 upon completion of work and written invoice. 7) Prevailing wage rates and payments are included if a repair over $1000; other specialty rates are excluded.
8) Electrical and plumbing not otherwise specifically required for installation of new equipment from Scope of Work is excluded from this proposal and presume operational and to be reused in place, including electrical raceways and similar.

ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to perform the above work as specified.

APPROVED:

Signed: ____________________________
Print: ____________________________
Title: ____________________________
Date: ____________________________
Exhibit A: Page 3 of 8
108
23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960 Sent by Email
March 1, 2023
ATTENTION: Grant Pickering, Landscape Coordinator, Community Service Dept.

PROPERTY: City of Orange - Library Fountain
SCOPE: Pump Stand
Per your request, please see below for a proposed scope of work to replace the pump stand in the Library fountain vault.

Scope of Work:

1. Drain the fountain

2. Disconnect the pumps

3. Disassemble and remove the existing pump stand; dispose offsite

4. Fabricate onsite a new pump stand, using pressure-treated lumber and standard nails

5. Reinstall pumps

6. Refill fountain and restart
Warranty: One year; excluding flooding.

Total Cost: $3750.

Lead Time: Normally about two-three weeks.

INITIALS:

Exhibit A: Page 4 of 8
109
23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960 We greatly appreciate the opportunity to be of service. Please call me with any questions or concerns you may have, at any time. Thank you.

Sincerely,
Jeffrey /s/
Jeffrey Barman
Office: (949) 528-0900, Ext. 102
Fax: (949) 528-0910
Email: [email protected]
General Notes and Exclusions:
1) Should other deficiencies be found during the above work, those repairs are not included in the proposal and would thus incur additional charges.
2) Certain services may be performed by California Waters Development, Inc. dba California Waters, on behalf of California Waters, LLC.
3) This proposal is valid for 10 days.
4) Exclusions include all: Design, Engineering, Permits, Plans, Traffic Control, Pedestrian Control, SWPPP, O&M Manuals, As-Builts, Power, Water (including fill water), Sanitation, Fencing, Security, Bonding, Retention, Liquidated Damages. 5) Customer to provide nearby parking at no cost.
6) Terms: Due 100% net 30 upon completion of work and written invoice. 7) Prevailing wage rates and payments are included in this proposal. 8) Electrical and plumbing not otherwise specifically required for installation of new equipment from Scope of Work is excluded from this proposal and presume operational and to be reused in place, including electrical raceways and similar.

ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to perform the above work as specified.

APPROVED:

Signed: ____________________________
Print: ____________________________
Title: ____________________________
Date: ____________________________
Exhibit A: Page 5 of 8
110
23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960 Sent by Email
January 26, 2023
ATTENTION: Grant Pickering, Landscape Coordinator, Community Service Dept.

PROPERTY: City of Orange - Plaza Fountain
SCOPE: Electrical and Controls
Per your recent request, please see below for a proposal to have the feature revert to more general operations. This proposal includes a slightly enhanced scope and offers the work at a slightly lower price, and supersedes our prior proposal on the same topic.

At our management meeting this morning the Plaza Fountain was the subject. It was discussed to just make the fountain a basic static fountain with one or two basic controllers. The fountain does not need to have dancing water accordingly. We know that this type of work has been performed previously and the solenoids were gutted and we kept the parts, so they are normally open to operate the fountain. This should enable the water flow to be controlled manually at the ball valves for the jets above the bowl display.

Eliminate the current control units for the motor/pump program and the light control unit for the lights by either of the following.

Have 1 or 2 simple timer controllers; one for the fountain pump motor and the second for the lights that is reliable and basic (suggestion only; A Digital Intermatic controller like at the Veterans Fountain or just a mechanical dial type).

They should be easy to program and reliable.

The fountain pump motor timer – on/off a start and end time.

The lights under fountain bowl, a timer to have them come on/off.

Scope of Work:

1. Power down the systems.

2. Drain the fountain.

3. Remove defective PLC (with integrated wind control) in fountain controller and replace with two new timers.
a. One timer for the pump.
b. One timer for the lights.

4. Remove internal parts in solenoid valves to allow water to flow free through solenoid valves, voiding their operation. Pump on/off would control water flow.

5. Integration of existing DMX lighting controller (will send start/run signal for DMX controller).

6. Electrical parts necessary to control existing pump contactor and overload relay.

7. Test and Run.

8. Hose down (but not deep clean) fountain.

9. Refill and rebalance.

10. Set timers and leave fountain running.

Exhibit A: Page 6 of 8
111
23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960 NOTES:
a. DMX controller is an independent controller and has been pre-programmed by others, show program is already set by existing controller). b. LIGHTS repair are excluded from this bid
c. Wind controller would be disabled as it is part of the PLC that is being removed. d. If pump motor started is non-functional it would have to be replaced at an additional cost to customer, unless already covered by warranty separately. e. Assumes the pump contactor, overload relay, and DMX lighting controller are fully operational. Excludes: all other repairs to fountain equipment. f. Excludes any electrical outside of the fountain vault. g. Exclusions: All motors, VFDs, pumps, BMS system wiring or controls. Any digging, trenching, compacting, or backfilling. Any concrete installation or removal. Any repairs to building finishes. Excludes coring of holes in concrete. Waterproofing, sealing of penetrations for water intrusion, sealing of fire rated walls, ceilings, or structures. Repairs to existing structures, surfaces. Painting or coating of any type.

Warranty: 90 days labor, one year parts, if properly maintained.

Total Cost: $4965.

Lead Time: Normally about three weeks; however
certain items may have extended timeline
due to national supply chain issues.

Includes our use of our vendor USA Tech Electric
CA LIC# 1061065 / DIR# 1000546053
INITIALS:

Exhibit A: Page 7 of 8
112
23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960 We greatly appreciate the opportunity to be of service. Please call me with any questions or concerns you may have, at any time. Thank you.

ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to perform the above work as specified.

APPROVED:

Signed: ____________________________
Print: ____________________________
Title: ____________________________
Date: ____________________________
Exhibit A: Page 8 of 8
113
Agenda Item
City Council
Item #: 3.9. 8/22/2023 File #: 23-0527
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Sewer Service Installation and Payment Agreement with Tustin Development LLC to provide sewer service to a new tract development known as Cowan Ranch Estates in the unincorporated area of Orange County.

2. SUMMARY
Tustin Development LLC’s Cowan Ranch Estates development desires to connect to the City of Orange sewer system. The development is addressed at 9933 Newport Boulevard, located near the southwest corner of Newport Boulevard and Skylark Place in the unincorporated area of Orange County. There is no public sewer system in the immediate vicinity that can provide sewer service.

3. RECOMMENDED ACTION
Approve the agreement between the City of Orange and Tustin Development LLC for connection to the Orange Sewer System, and one-time lump sum payment for sewer connection fees; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
Sewer connection fees will be paid by Tustin Development LLC in the amount of $203,584.50 to the Sanitation Fund to cover the cost for City of Orange to provide sewer service.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community. c: Support and enhance attractive, diverse living environments.

6. DISCUSSION AND BACKGROUND
The Tustin Development LLC is developing a 16-lot residential tract near the southwest corner of Newport Boulevard and Skylark Place in the unincorporated area of Orange County. The location is within the sewer service area of East Orange County Water District (EOCWD). However, EOCWD does not have a public sewer system in the immediate vicinity to serve the development.

EOCWD and Tustin Development LLC have requested the City of Orange to allow the development to connect to the City of Orange Sewer System. The proposed connections will include the 16-lot residential tract, plus seven adjacent properties for a total of 23 properties that will be connected to the City’s sewer system. The City of Orange has reviewed the Sewer Capacity Study for the project and has determined there is plenty of capacity in the Orange Sewer System to accommodate the City of Orange Page 1 of 2 Printed on 8/17/2023
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Item #: 3.9. 8/22/2023 File #: 23-0527
and has determined there is plenty of capacity in the Orange Sewer System to accommodate the proposed sewer connections.

The sewer main line connection, approximately 730 feet long from the development, will run northeasterly on Newport Boulevard, then northwesterly on Skylark Place, and connect to the existing 8-inch sewer main along Willow Springs Road. The construction and maintenance of the sewer connection will be borne by Tustin Development LLC and its successors or assigns. A City of Orange Encroachment Permit will be issued for the construction of the sewer.

As part of the agreement, Tustin Development LLC will pay the City of Orange a one-time lump sum payment for the sewer connection in the amount of $203,584.50. The amount is based on current City of Orange sewer user and capital rates.

7. ATTACHMENTS
· Location Map
· Sewer Service Installation and Payment Agreement
City of Orange Page 2 of 2 Printed on 8/17/2023
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Agenda Item
City Council
Item #: 3.9. 8/22/2023 File #: 23-0527
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

4. FISCAL IMPACT
Sewer connection fees will be paid by Tustin Development LLC in the amount of $203,584.50 to the Sanitation Fund to cover the cost for City of Orange to provide sewer service.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community. c: Support and enhance attractive, diverse living environments.

EOCWD and Tustin Development LLC have requested the City of Orange to allow the development to connect to the City of Orange Sewer System. The proposed connections will include the 16-lot residential tract, plus seven adjacent properties for a total of 23 properties that will be connected to the City’s sewer system. The City of Orange has reviewed the Sewer Capacity Study for the project and has determined there is plenty of capacity in the Orange Sewer System to accommodate the City of Orange Page 1 of 2 Printed on 8/17/2023
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Item #: 3.9. 8/22/2023 File #: 23-0527
and has determined there is plenty of capacity in the Orange Sewer System to accommodate the proposed sewer connections.

7. ATTACHMENTS
· Location Map
· Sewer Service Installation and Payment Agreement
City of Orange Page 2 of 2 Printed on 8/17/2023
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Proposed Sewer
Connection

LOCATION MAP

PROPOSED SEWER CONNECTION TO CITY OF ORANGE SEWER SYSTEM

COWAN RANCH ESTATES

C I T Y O F O R A N G E

WILLOW SPRINGS RD
F
500
Feet
EXISTING 8" VCP
TR-18062

COWAN RANCH ESTATES
TUSTIN DEV. INC.
16 LOTS

ADJACENT PROPERTIES
7 LOTS

NEWPORT BLVD

SKYLARK PL

C O U N T Y O F O R A N G E

NEWPORT BLVD

SKYLARK PL

NEWPORT BLVD
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SEWER SERVICE INSTALLATION AND PAYMENT AGREEMENT
This SEWER SERVICE INSTALLATION AND PAYMENT AGREEMENT (the “Agreement”) made as of _____________________________, 2023, by and among CITY OF ORANGE, a municipal corporation (“Orange”), TUSTIN DEVELOPMENT LLC a California limited liability company and (“Developer”), with reference to the facts set forth below.

A. Developer owns certain property, located in an unincorporated territory of the County of Orange, State of California, more particularly described on Exhibit “1” attached hereto (the “Subject Property”). The Subject Property is covered by Tract No. 18062 (16 lots) allowing the construction of residential improvements on the Subject Property.

B. Orange’s Public Works Department has independently reviewed studies of Orange's sanitary sewer system (“Orange System”) and confirmed that the Orange System has excess sewer capacity sufficient to accommodate sewer service for the Subject Project and three (3) adjacent properties, Tract No. 18071 (5 lots), 9761 Brier Lane and 9751 Brier Lane, described on Exhibit “2” hereto (“Adjacent Properties”).

C. In order to proceed with the development of the Subject Project, Developer has requested, and Orange has agreed, to allow Developer to connect to the Orange System for purposes of providing sewer service to the residents of the Subject Project and Adjacent Properties.

D. As a condition to allowing such connection to the Orange System, Orange has required that Developer enter into this Agreement concerning the required payment of sewer connection fees (“Connection Fee”) to be made to Orange in consideration for such connection, and the standards and requirements applicable to such connection and the sewer line improvements to be constructed by the Developer within the jurisdictional boundaries of Orange and the County of Orange (“County”).

E. Developer is willing to comply with the requirements of Orange with respect to the design and installation of the sanitary sewer improvements to be installed by the Developer within the municipal boundaries of Orange and County and connecting the Subject Property to the Orange System as generally described on Exhibit “3” attached hereto (the “Developer's Sanitary System Improvements”).

NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, and for other good and valuable consideration, the receipt and adequacy of which is hereby recognized, Orange and Developer hereby agree as follows:

Agreement

1. Agreement to Allow Connection to Orange System. Subject to payment of the Connection Fees in accordance with Section 3 below and conditional upon satisfaction of the requirements set forth in Section 2 below, Orange hereby agrees to allow Developer to construct the Developer’s Sanitary System Improvements in accordance with the final plans and 119
JRS\ 30950-0001\ 827537.1 8/7/2023 2
specifications therefor approved by Orange. In connection with the foregoing, at its cost, Orange shall provide such rights of access and encroachment, and execute and deliver such further instruments or approvals and take such further actions as are reasonably necessary or appropriate.to facilitate the construction, connection, operation, maintenance, repair, and replacement of the Developer's Sanitary System Improvements.

2. Processing of Approvals and Compliance with Applicable Governmental Requirements. Prior to commencing installation of the Developer's Sanitary System Improvements, Developer shall process with Orange and obtain its approval of all plans and specifications required for the installation of same in accordance with all governmental laws, regulations, and requirements applicable to such improvements under the Orange municipal code and any and all local rules and regulations related thereto. In connection with the installation and connection of the Developer's Sanitary System Improvements, Developer shall at all times comply with all applicable governmental requirements, regulations rules and restrictions, and Developer hereby acknowledges and agrees that all work performed by or on behalf of Developer pursuant to this Agreement within the municipal boundaries of Orange shall be subject to the jurisdiction of Orange and its generally applicable rules and regulations applicable to such work. However all work to connect the Developer’s Sanitary System Improvements to sewer lines and improvements on the Adjacent Property shall be the sole responsibility of the owner of the Adjacent Properties (collectively “Adjacent Properties Owners”).

3. Payment of Connection Fee. Concurrent with the completion of the Developer’s Sanitary System Improvements and prior to commencement of any use thereof by the Subject Property and Adjacent Properties (total of 23 lots), Developer shall pay to Orange the Connection Fee in the amount of TWO HUNDRED THREE THOUSAND FIVE HUNDRED EIGHTYFOUR DOLLARS and 50/100 ($203,584.50). The above Connection Fee, as applicable, shall be for the perpetual connection to and use of the Orange System, and shall constitute the only payment required from Developer, or its successors and assigns and Adjacent Properties Owners, for the right to access and use the Orange System in connection with use, occupancy, and enjoyment of the Subject Property and Adjacent Properties by the residents and occupants thereof.

4. Obligations of Developer.

A. Developer hereby agrees to and shall construct, maintain, inspect, and assume ownership of the Developer’s Sanitary System Improvements installed within (a) the boundaries of the Subject Property and (b) that portion of Orange and/or the County, as applicable from the boundary of the Subject Property to the sewer main (“Offsite Improvements”), all in accordance with Orange and County's standard plans, policies and procedures.

B. Developer shall have sole responsibility for construction of the Offsite Improvements including private sewer lateral line and facilities from the sewer main to Subject Property. This responsibility will include, but not limited to, maintenance, repair, clearance of all stoppages, and repair of streets, sidewalks, and public and private property damage caused by the failure of, or work on, any portion of Offsite Improvements. 120
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C. If, in connection with construction or repair of the Developer's Sanitary System Improvements, Developer conducts any excavations within Orange and/or County public streets or damages Orange and/or County public streets, Developer shall repair or cause to be repaired the street at Developer’s own expense in accordance with Orange and/or County rules and ordinances regulating street excavations. In the event that Developer shall fail or neglect to initiate and thereafter diligently pursue (or cause to be initiated and thereafter diligently pursued) such repairs, within five (5) business days after Orange and/or the County, as applicable, provides Developer with written request to repair, Orange or the County as applicable shall be entitled to perform such repair and upon the presentation of a bill therefor, Developer shall pay the same within thirty (30) days after receipt. The amount so chargeable to Developer shall be the actual, reasonable cost of such repair.

D. The work of construction, maintaining or repairing any of the Offsite Improvements shall be conducted with the least possible hindrance reasonably possible to the use of the Orange and County streets for purposes of travel, and as soon as such work is completed all portions of the Orange and County streets which have been excavated or otherwise damaged thereby shall be placed in substantially the same condition as they were before the commencement of such work, to the reasonable satisfaction of the Orange and the County, as applicable.

E. Developer shall promptly repair any leaks or breaks in the private lateral sewer line from the connection with the sewer main and, if any portion of any Orange and/or County street or public place or public improvement shall be damaged by reason of breaks or leaks in any such private lateral pipe or conduit constructed or maintained under this Agreement, Developer shall at its own expense, take immediate steps to repair any such damage and restore such property to substantially the same condition as before such break or leak. Emergency repairs of property within Orange and/or the County subject to this Agreement may be commenced without prior permit; provided, however, that Developer shall by not later than the third (3rd) working day after commencement of such work, apply to Orange and/or the County, as appliable, for a permit authorizing such emergency work.

F. If any of Developer's construction work subject to this Agreement shall endanger the public in the use of Orange and/or County public streets or unreasonably or unnecessarily interfere with or obstruct the use of any Orange and/or County street by the public or for public purposes, Orange and/or the County, as applicable, shall have the right to reasonably require Developer, at Developer's expense, to move, alter or relocate its work area, including any sanitary system staging area or materials (hereinafter called “rearrangement”) to another location within the affected street to avoid such danger, interference or obstruction, in conformity with the written notice of the Orange City Engineer and/or County, as applicable, and Developer shall hold Orange and the County harmless from any damages or claims caused by such rearrangements. (1) Before the commencement of Developer’s Sanitary System Improvements, Orange and/or the County, as applicable, may cause a change of the grade, width or location of any Orange and/or County street or cause the improvement of any Orange and/or County street in any manner, including the laying of any sewer, storm drain, conduits, gas, water or other pipes, or cause the construction of any pedestrian tunnels, or other work (the right to do all of which specifically reserve to Orange and/or the County, without any admission on its part 121
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that it would not otherwise have such rights), and if such work shall, in the reasonable opinion of the Orange City Engineer and/or County, as applicable, render necessary and unavoidable a change in the position or location of any of the Offsite Improvements including the private sewer lateral facilities in Newport Avenue, Developer shall, at its own cost and expense, do any and all things required to effect such change in position, or location, in conformity with the allow relocation of Offsite Improvements elsewhere within the Newport Avenue right of way so that the functional utility of those improvements is retained at the least additional cost to Developer which is possible and such relocation shall be handled in a manner that preserves at all times uninterrupted sewer service to the Subject Project. In the event that relocation of Offsite Improvements may be avoided by reasonable modifications to work to be done by Orange and/or the County while still achieving the sought-for benefits of such work, consistent with accepted engineering practices, without additional material cost to Orange and/or the County, Orange and/or the County, as applicable, shall make such modifications to such work. If such modification to the Orange and/or County work would result in additional material cost to Orange and/or the County, Developer shall have the right, at its election to limit the Developer's obligation to payment to Orange and/or the County, as applicable, of such additional costs and expenses as are reasonably and necessarily incurred by Orange and/or the County, as applicable, to design, construct, and operate the modified work in a way that avoids the relocation of Offsite Improvements rather than performing such relocation.

Orange and/or the County, as applicable and Developer shall cooperate to minimize any disruption in the use of Developer's Sanitary System Improvements, or the use of other facilities impacted by the Orange and/or County work, and Developer releases Orange and the County from any damages or claims caused by such cooperation.
(2) If there is rearrangement of Offsite Improvements that is not done due to work to be performed by Orange and/or County but is done for the accommodation of Developer, at the reasonable request of the Orange City Engineer and/or County, as applicable, Developer shall move, alter or relocate Developer's Offsite Improvements to another location in Newport Avenue; provided, however, that all costs of such relocation, modification or arrangement shall be borne by Developer and such relocation shall be handled in a manner that preserves at all times uninterrupted sewer service to the Subject Project. Developer, in advance of such arrangement, shall deposit with Orange or the Orange City Clerk and/or the County, as applicable, cash or a cash equivalent in an amount, as in the reasonable discretion of the Orange 7City Engineer and/or County, as applicable and Developer to pay the costs of such relocation, modification or rearrangement as incurred, and Developer shall execute an instrument agreeing to indemnify and hold harmless Orange and the County from any and all damages or claims caused by such arrangement.
(3) Developer shall be given not less than one hundred eighty (180) days' prior written notice of any rearrangement of Developer's Offsite Improvements, which Developer is required to make under this Agreement. Such notice shall specify in reasonable detail the work to be done by Developer and shall specify the time that such work is to be accomplished.

In the event that Orange and/or County shall change the provisions of any such notice given to Developer, Developer shall be given an additional period of not less than one hundred eighty (180) days following delivery of such notice to accomplish such work. 122
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5. Binding Effect. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective successors and assigns, including but not limited to Homeowners’ Association.

6. Counterparts; Facsimile and Electronic Signatures. This Agreement may be executed in two or more original facsimile or electronic mail counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument.

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

To Orange: City of Orange
300 E Chapman Avenue
Orange, CA 92866-1591
Attention: Pam Coleman, City Clerk
Tel: (714) 744-5580
Fax: (714) 744-5515
E-Mail: [email protected]
To Developer: Tustin Development, LLC
Tustin, CA California
Attention: Nicole Videriksen
Tel: 805 625 1885
Email: [email protected]

8. Further Assurances. In addition to the acts and deeds recited herein and contemplated to be performed, executed and/or delivered by either party, each party agrees to perform, execute, and deliver, but without any obligation to incur any additional liability or outof-pocket expense, any further deliveries and assurances as may be reasonably necessary to consummate the transactions and actions contemplated hereby.

9. Construction. Headings used in this Agreement are for convenience or reference only and are not intended to govern, limit, or aide in the construction of any term or provision hereof. The parties have participated jointly in negotiating and drafting this Agreement. If a question of interpretation arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement. Unless otherwise specified in this Agreement, the terms “herein,” “hereof', “hereunder” and other terms of like or similar import, will be deemed to refer to this Agreement as a whole (including Exhibits) and not to any particular section, subsection or paragraph.

10. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Developer agrees to submit to the 123
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jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.

11. Attorneys' Fees. If any party hereto institutes an action or proceeding for a declaration of the rights of the parties under this Agreement, for injunctive relief, for specific performance of the obligations under, for an alleged breach or default of, or any other action or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby, whether or not suit is filed or prosecuted to final judgment, the party determined by the court or referee to be the non-defaulting or prevailing party shall be entitled to its reasonable attorneys' and legal fees and to any court or other proceeding costs incurred, in addition to any other damages or relief awarded. The provisions of this paragraph shall survive any closing and any termination of this Agreement.

12. Consideration. Other than as specifically set forth herein, there shall be no direct or indirect additional consideration to Orange, for Orange to provide sewer connection or service to Developer pursuant to this Agreement, except for the costs of permits, inspection fees and Payment, to be paid by Developer as set forth in paragraph 3 above.

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

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

15. Term. The term of this Agreement shall commence on the execution hereof and shall remain and continue in full force and effect unless and until terminated by the subsequent mutual written agreement of the Parties hereto.

16. No Third-Party Beneficiary. It is understood and agreed that this Agreement is for the sole and exclusive benefit of Developer and the County, and no rights of any kind are hereby conferred upon any third party, nor is any kind of third-party beneficiary created or to be created by virtue of anything contained herein.

17. Insurance.
a Developer shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of Two Million Dollars ($2,000,000) per occurrence; or (2) all the insurance coverage and/or limits carried by or available to Developer. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis. 124
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b Developer shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Developer. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis. 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 Orange. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Developer under this Agreement. d Each policy of general liability and automotive liability shall provide that Orange, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Developer under this Agreement. A policy endorsement to that effect shall be provided to Orange along with the certificate of insurance. In lieu of an endorsement, Orange will accept a copy of the policy(ies) which evidences that Orange is an additional insured as a contracting party. The minimum coverage required by Subsection 17 a. and b. above, shall apply to Orange as an additional insured.

Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement. e. The insurance policies maintained by Developer shall be primary insurance and no insurance held or owned by Orange shall be called upon to cover any loss under the policy.

Developer will determine its own needs in procurement of insurance to cover liabilities other than as stated above.
f. Before Developer performs any work or prepares or delivers any materials, Developer shall furnish certificates of insurance and endorsements, as required by Orange, evidencing the aforementioned minimum insurance coverages on forms acceptable to Orange, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to Orange.
g All insurance maintained by Developer shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in California so long as such insurer possesses the aforementioned Best rating.
h Developer shall immediately notify Orange if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by Orange. In such a case, Orange may procure insurance or self-insure the risk and charge Developer for such costs and any and all damages resulting therefrom, by way of set-off from any sums owed Developer.
125
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i. Developer agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Developer shall look solely to its insurance for recovery.

Developer hereby grants to Orange, on behalf of any insurer providing insurance to either Developer or Orange with respect to the services of Developer herein, a waiver of any right to subrogation which any such insurer may acquire against Orange by virtue of the payment of any loss under such insurance.

19. Indemnification.
a. To the fullest extent permitted by law, Developer agrees to indemnify, defend and hold Orange, its City Council and each member thereof, and the officers, officials, agents and employees of Orange (“Indemnitees”) entirely harmless from all liability arising out of:
(1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Developer’s employees arising out of Developer’s work under this Agreement, including any and all claims under any law pertaining to Developer or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and (2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Developer, or person, firm or corporation employed by Developer, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off Orange’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of Orange. Developer, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph. b. To the fullest extent permitted by law, Developer agrees to indemnify and hold Indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement. c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement. d. The indemnities set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Developer and its successors. 126
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20. Notification of Construction Activity. Developer shall notify Orange prior to commencing any construction of the Developer’s Sanitary System Improvements.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written.
“DEVELOPER” “ORANGE”
TUSTIN DEVELOPMENT LLC, CITY OF ORANGE, a municipal corporation a California limited liability company
*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

ATTEST
Pamela Coleman, City Clerk
APPROVED AS TO FORM:

Nathalie Adourian, Sr. Asst. City Attorney
*NOTE: City of Orange requires the following signature(s) on behalf of the Developer:
-- (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 of Orange.
√
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EXHIBIT “1”

DESCRIPTION OF SUBJECT PROPERTY
128
2023-07-03 - Sewer Exhibit.dwg
Save Date:

Plot Date:
7/3/2023 5:18 PM
7/3/2023 5:18 PM
\\deainc.com\FILES\OFFICE\TUS\HFIPROJECT\Cowan Ranch\Eng\Exhibit\2023-07-03 - Sewer Exhibit\2023-07-03 - Sewer Exhibit.dwg Rmbr By:

Becka Lieberman By:

File:
17542 17th Street, Suite 150
Tustin California 92780
Phone: 714.665.4500

COWAN RANCH ESTATES

TUSTIN DEVELOPMENT, LLC
NEWPORT BLVD., SANTA ANA, CA
SEWER EXHIBIT 07/03/23 BLBL AS NOTEDMO
1 1"= 30' scale feet 30
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REES GNV
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KINGS

BRIDGE ROAD
26'
WM BRIER LN.

BRENTWOOD
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RUBY PLACE
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ADJACENT PROPERTIES
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Plot Date:
7/3/2023 5:18 PM
7/3/2023 5:18 PM
\\deainc.com\FILES\OFFICE\TUS\HFIPROJECT\Cowan Ranch\Eng\Exhibit\2023-07-03 - Sewer Exhibit\2023-07-03 - Sewer Exhibit.dwg Rmbr By:

Becka Lieberman By:

File:
17542 17th Street, Suite 150
Tustin California 92780
Phone: 714.665.4500

COWAN RANCH ESTATES

TUSTIN DEVELOPMENT, LLC
NEWPORT BLVD., SANTA ANA, CA
SEWER EXHIBIT 07/03/23 BLBL AS NOTEDMO
1 1"= 30' scale feet 30
0 30 60
1 S S S S S
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POOL
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DENSE TREES GNV
ASPH.

ASPH.

DENSE TREES GNV
GNV
GNV
MB
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POOL
SPA
POOL
POOL
POOL
POOL
TREES
TREES
TREES
TREES
TREES
TREES

TREES NEWPORT BOULEVARD
KINGS

BRIDGE ROAD
26'
WM BRIER LN.

BRENTWOOD
LC
DR.

RUBY PLACE
5 4
3 2
1 16 15 14 13 12 11 10
9 8
7 6
BRIER LN.

RUBY ROAD
TRACT 18062TRACT 18071
PARCEL 2
P.M.B. 104-18 PARCEL 2 L.L.A. NO. 2018-006 LATERALS FOR FUTURE CONNECTIONS 3 4
5 1
2 6" SW
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8" SW CITY/COUNTY R/W
JADE ST. CITY/COUNTY R/W
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EXHIBIT “3”
DEVELOPER’S SANITARY SEWER SYSTEM
132
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134
Agenda Item
City Council
Item #: 3.10. 8/22/2023 File #: 23-0546
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 in revenue from Community Partnership donations.

2. SUMMARY
Collected revenues are recommended to be appropriated for 2024 City Special Events.

3. RECOMMENDED ACTION

1. Accept into the City’s Fiscal Year 2023-2024 budget $10,000 in community partnership donations into revenue account 100.7015.48390.20530, Donations - Special Events 2024 Season.

2. Authorize the appropriation of $10,000 in the following Fiscal Year 2023-2024 expenditure account number 100.7015.51355.20530, General Fund - Special Events 2024 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
Community Partnership Donation
The City’s annual Community Partnership Program solicits donations to support Citywide special events. The City’s donation policy states that single donations greater than $10,000 may only be accepted and appropriated by the City Council. Dave and Busters became an “Orange Tree” partner for the 2024 Special Event Season and donated $10,000. Staff is requesting a total of $10,000 to be accepted and appropriated to help cover the cost of the City’s annual special events.

Summary of Revenue Sources
The total appropriation request is $10,000.

Revenue Source Total Collected Location
Dave and Busters $ 10,000 Community Partnership Program

7. ATTACHMENTS
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City of Orange Page 2 of 2 Printed on 8/17/2023
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Agenda Item
City Council
Item #: 3.10. 8/22/2023 File #: 23-0546
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 in revenue from Community Partnership donations.

2. SUMMARY
Collected revenues are recommended to be appropriated for 2024 City Special Events.

3. RECOMMENDED ACTION

1. Accept into the City’s Fiscal Year 2023-2024 budget $10,000 in community partnership donations into revenue account 100.7015.48390.20530, Donations - Special Events 2024 Season.

2. Authorize the appropriation of $10,000 in the following Fiscal Year 2023-2024 expenditure account number 100.7015.51355.20530, General Fund - Special Events 2024 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.

Summary of Revenue Sources
The total appropriation request is $10,000.

Revenue Source Total Collected Location
Dave and Busters $ 10,000 Community Partnership Program

7. ATTACHMENTS
City of Orange Page 1 of 2 Printed on 8/17/2023
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Item #: 3.10. 8/22/2023 File #: 23-0546
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Agenda Item
City Council
Item #: 3.11. 8/22/2023 File #: 23-0550
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $89,609.26 in State of California Office of Emergency Services funding received.

2. SUMMARY
Costs for strike team and individual overhead deployments represent non-budgeted expenditures for the Fire Department. These costs are reimbursed by the State of California Office of Emergency Services at a later date. Staff is requesting that funds be appropriated into the appropriate expenditure accounts for Fiscal Year 2023-2024.

3. RECOMMENDED ACTION

2. Authorize the appropriation of $84,991.05 into the expenditure account numbers for OvertimeSafety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $3,830.21 into the expenditure account numbers for Strike Team Expenditures as specified in Section 6 of the staff report.

4. Authorize the appropriation of $788.00 into the expenditure account numbers for Motor Vehicle Replacement as specified in Section 6 of the staff report.

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

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

6. DISCUSSION AND BACKGROUND
The Orange City Fire Department is party to a state-level agreement with the State of California Office of Emergency Services (Cal-OES) to provide fire and emergency assistance to state and federal fire agencies. This agreement is managed by Cal-OES and referred to as the California Fire Assistance Agreement (CFAA). Under this agreement, the Orange City Fire Department generally City of Orange Page 1 of 3 Printed on 8/17/2023
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Item #: 3.11. 8/22/2023 File #: 23-0550
provides resources two different ways: Strike Teams and Individual Overhead.

Strike Team deployments involve an Engine Company, or a Battalion Chief, or a Deputy Chief responding to an incident with their vehicle, as part of a multi-agency team. Individual Overhead resources respond to fill a specific role for an incident, such as Safety Officer or Line Emergency Medical Technician (EMT).

Upon return from an incident, reimbursement paperwork and invoices are submitted to Cal-OES. The Fire Department recently received reimbursement payments for the OES Pre-Position #230009 for $14,176.99, the OES Pre-Position #230030 for $12,682.58, the OES Pre-Position #230053 for $12,456.71, the OES Pre-Position #230054 for $24,183.20, and the OES Pre-Position #230062 for $26,109.78. Staff is requesting that funds be appropriated into the appropriate expenditure accounts for Fiscal Year 2023-2024. The additional funds will reimburse Fire Department overtime, travel expenditures, and vehicle expenditures incurred during these incidents.

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

Cal-OES reimbursements (revenue account 100.3024.48212.xxxxx):
$ 14,176.99 .40323 - OES Pre-Position #230009
12,682.58 .40329 - OES Pre-Position #230030
12,456.71 .40334 - OES Pre-Position #230053
24,183.20 .40334 - OES Pre-Position #230054
26,109.78 .40338 - OES Pre-Position #230062
$ 89,609.26
Overtime-Safety (expenditure account 100.3024.50221.xxxxx):
$ 13,443.40 .40323 - OES Pre-Position #230009
12,682.58 .40329 - OES Pre-Position #230030
11,621.86 .40334 - OES Pre-Position #230053
22,587.79 .40334 - OES Pre-Position #230054
24,655.42 .40338 - OES Pre-Position #230062
$ 84,991.05
Strike Team (expenditure account 100.3024.53860.xxxxx):
$ 733.59 .40323 - OES Pre-Position #230009

46.85 .40334 - OES Pre-Position #230054
1,595.41 .40334 - OES Pre-Position #230054
1,454.36 .40338 - OES Pre-Position #230062
$ 3,830.21
Motor Vehicle Replacement (expenditure account 720.5023.55212.xxxxx) $ 788.00 .40333 - OES Pre-Position #230053
$ 788.00

7. ATTACHMENTS
City of Orange Page 2 of 3 Printed on 8/17/2023
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City of Orange Page 3 of 3 Printed on 8/17/2023
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Agenda Item
City Council
Item #: 3.11. 8/22/2023 File #: 23-0550
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $89,609.26 in State of California Office of Emergency Services funding received.

3. RECOMMENDED ACTION

2. Authorize the appropriation of $84,991.05 into the expenditure account numbers for OvertimeSafety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $3,830.21 into the expenditure account numbers for Strike Team Expenditures as specified in Section 6 of the staff report.

4. Authorize the appropriation of $788.00 into the expenditure account numbers for Motor Vehicle Replacement as specified in Section 6 of the staff report.

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

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

6. DISCUSSION AND BACKGROUND
The Orange City Fire Department is party to a state-level agreement with the State of California Office of Emergency Services (Cal-OES) to provide fire and emergency assistance to state and federal fire agencies. This agreement is managed by Cal-OES and referred to as the California Fire Assistance Agreement (CFAA). Under this agreement, the Orange City Fire Department generally City of Orange Page 1 of 3 Printed on 8/17/2023
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Item #: 3.11. 8/22/2023 File #: 23-0550
provides resources two different ways: Strike Teams and Individual Overhead.

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

7. ATTACHMENTS
City of Orange Page 2 of 3 Printed on 8/17/2023
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Item #: 3.11. 8/22/2023 File #: 23-0550
· None
City of Orange Page 3 of 3 Printed on 8/17/2023
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Agenda Item
City Council
Item #: 3.12. 8/22/2023 File #: 23-0538
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Final Acceptance of Bid No. 21-22.34; SP-4144, Katella Avenue Street Improvement Project; and authorization to file Notice of Completion.

2. SUMMARY
The project consisted of the rehabilitation of Katella Avenue from the SR-55 Freeway to Harding Street. The rehabilitation consisted of removing and reconstructing severely damaged pavement sections and grinding and overlay of the roadway. Other aspects of the project included replacement of damaged curb and gutter, and reconstruction of Americans with Disabilities Act (ADA) sidewalk access ramps. The City of Orange entered into a contract with Excel Paving Company. The work was completed to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION
Accept Katella Avenue Street Improvement Project as complete, and authorize staff to file Notice of Completion with the County Recorder.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Page 1 of 1 Printed on 8/17/2023
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Agenda Item
City Council
Item #: 3.12. 8/22/2023 File #: 23-0538
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Final Acceptance of Bid No. 21-22.34; SP-4144, Katella Avenue Street Improvement Project; and authorization to file Notice of Completion.

3. RECOMMENDED ACTION
Accept Katella Avenue Street Improvement Project as complete, and authorize staff to file Notice of Completion with the County Recorder.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Page 1 of 1 Printed on 8/17/2023
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Orange
300 East Chapman Avenue
Orange, California 92866
Attention: City Clerk
[Space above this line for Recorder’s use only.]

THIS DOCUMENT IS RECORDED AT THE

REQUEST AND FOR THE BENEFIT OF THE CITY

OF ORANGE AND IS EXEMPT FROM THE

PAYMENT OF A RECORDING FEE PURSUANT
TO GOVERNMENT CODE SECTIONS 6103 AND
27383.

NOTICE OF COMPLETION AND ACCEPTANCE
NOTICE IS HEREBY GIVEN that work on that certain public work and improvements known as “Katella Avenue Street Improvement (Bid No. 21-22.34; SP-4144)” (herein referred to as the “Project”), for the owner, the City of Orange, a municipal corporation (herein referred to as the “City”), whose address is 300 E. Chapman Avenue, Orange, CA 92866, was completed and accepted by the City Council of the City of Orange on August 22, 2023 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project is at Katella Avenue between the 55 Fwy and Harding Street in the City of Orange, State of California. The contractor who performed (or caused to be performed) said public work and improvements were Excel Paving Company, a California corporation, with its principal office at 2230 Lemon Avenue, Long Beach, State of California.

The name of the surety on the Labor and Material Bond for the Project is Federal Insurance Company, Indiana (Bond No. K40563386) in the amount of $864,420.00.

DATED as of the 22nd day of August 2023. CITY OF ORANGE, a municipal corporation By:

Daniel R. Slater, Mayor, City of Orange

STATE OF CALIFORNIA

COUNTY OF ORANGE
I, Daniel R. Slater, Mayor of the City of Orange, state that I have read the foregoing document know the contents thereof, and that the facts therein stated are true of my own knowledge. I hereby declare under penalty of perjury that the foregoing is true and correct.

DATED as of the 22nd day of August 2023 at Orange, California.

Daniel R. Slater, Mayor, City of Orange
I, Pamela Coleman, City Clerk for the City of Orange, hereby attest that Daniel R. Slater is known to me to be the Mayor of the City of Orange and known to me to be the person who executed the within instrument on behalf of said municipal corporation and acknowledged to me that the City of Orange executed the same.

Pamela Coleman, City Clerk, City of Orange
147
Agenda Item
City Council
Item #: 3.13. 8/22/2023 File #: 23-0543
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Final Acceptance of Bid No. 22-23.05; SP-4086; Cannon Street at Serrano Avenue Intersection Improvement Project; and authorization to file Notice of Completion.

2. SUMMARY
The project consisted of widening the south leg of the intersection at Cannon Street and Serrano Avenue by adding an additional right turn lane. The improvements included the construction of new asphalt, concrete curb, gutters, sidewalks, sidewalk access ramp, wooden fence, installation of a water quality structure (Filterra Unit), modification of the existing traffic signal, relocation of existing streetlight, existing pavement rehabilitation, landscape/irrigation modifications, signing and striping.

The City of Orange entered into a contract with Hardy and Harper Inc. The work was completed to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION
Accept Cannon Street at Serrano Avenue Intersection Improvement Project as complete, and authorize staff to file Notice of Completion with the County Recorder.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Page 1 of 1 Printed on 8/17/2023
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Agenda Item
City Council
Item #: 3.13. 8/22/2023 File #: 23-0543
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Final Acceptance of Bid No. 22-23.05; SP-4086; Cannon Street at Serrano Avenue Intersection Improvement Project; and authorization to file Notice of Completion.

The City of Orange entered into a contract with Hardy and Harper Inc. The work was completed to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION
Accept Cannon Street at Serrano Avenue Intersection Improvement Project as complete, and authorize staff to file Notice of Completion with the County Recorder.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Page 1 of 1 Printed on 8/17/2023
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Orange
300 East Chapman Avenue
Orange, California 92866
Attention: City Clerk
[Space above this line for Recorder’s use only.]

THIS DOCUMENT IS RECORDED AT THE

REQUEST AND FOR THE BENEFIT OF THE CITY

OF ORANGE AND IS EXEMPT FROM THE

PAYMENT OF A RECORDING FEE PURSUANT
TO GOVERNMENT CODE SECTIONS 6103 AND
27383.

NOTICE OF COMPLETION AND ACCEPTANCE
NOTICE IS HEREBY GIVEN that work on that certain public work and improvements known as “Cannon Street at Serrano Avenue Intersection Improvement Project (Bid No. 22-23.05; SP-4086)” (herein referred to as the “Project”), for the owner, the City of Orange, a municipal corporation (herein referred to as the “City”), whose address is 300 E.

Chapman Avenue, Orange, CA 92866, was completed and accepted by the City Council of the City of Orange on August 22, 2023 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project is at the intersection of Cannon Street and Serrano Avenue in the City of Orange, State of California. The contractor who performed (or caused to be performed) said public work and improvements were Hardy and Harper Inc., a California corporation, with its principal office at 32 Rancho Circle Lake Forest, State of California.

The name of the surety on the Labor and Material Bond for the Project is Fidelity and Deposit Company of Maryland, Illinois (Bond No. 7669183) in the amount of $690,000.00.

DATED as of the 22nd day of August 2023. CITY OF ORANGE, a municipal corporation By:

Daniel R. Slater, Mayor, City of Orange

STATE OF CALIFORNIA

DATED as of the 22nd day of August 2023 at Orange, California.

Daniel R. Slater, Mayor, City of Orange
I, Pamela Coleman, City Clerk for the City of Orange, hereby attest that Mark A. Murphy is known to me to be the Mayor of the City of Orange and known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that the City of Orange executed the same.

Pamela Coleman, City Clerk, City of Orange
150
Agenda Item
City Council
Item #: 3.14. 8/22/2023 File #: 23-0544
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize the purchase of one fire apparatus for the Orange Fire Department and two vehicles for the Orange Police Department through a Cooperative Purchasing Agreement.

2. SUMMARY
Purchase a fire apparatus and two Chevrolet Bolts from South Coast Fire Equipment, National Auto Fleet Group, and donate a fire apparatus and a tiller ladder truck to Queretaro, Mexico. Designate eleven single source vendors to equip specialty emergency vehicles.

3. RECOMMENDED ACTION

1. Approve the purchase of one Pierce Enforcer Fire Apparatus from South Coast Fire Equipment for $1,215,907.

2. Authorize the purchase of safety equipment and supplies needed to equip the Fire Apparatus from single source vendors in the amount of $84,093.

3. Authorize the purchase of two 2023 Chevrolet Bolts from National Auto Fleet Group in the amount of $62,537.

4. Authorize the replaced Fire Seagrave Pumper and Tiller Truck donation to Queretaro, Mexico.

4. FISCAL IMPACT
The total expenditure for this purchase is $1,362,537 and will be funded through the following:

Vehicle Replacement Fund (720) $1,300,000
EECBG (550) $ 62,537
Total: $1,362,537

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

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

6. DISCUSSION AND BACKGROUND
The City Council has previously authorized a Cooperative Purchasing Agreement (CPA) using City of Orange Page 1 of 3 Printed on 8/17/2023
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Item #: 3.14. 8/22/2023 File #: 23-0544
The City Council has previously authorized a Cooperative Purchasing Agreement (CPA) using Houston-Galveston Area Council (HGAC) and Sourcewell as the standard for vehicle procurement, and this purchase is a continuation of that policy.

Fire Engine
The replacement fire apparatus will be procured from Pierce Manufacturing and their local dealer, South Coast Fire Equipment through contract NO. FS 12-19 by HGAC for $1,215,907. The City has been purchasing fleet vehicles from South Coast Fire Equipment for the past seven years. They will receive a discount of $8,544 on the apparatus using the HGAC contract and a prepayment discount of $69,846, bringing the total discount to $78,390. The purchase price includes a performance bond of $2,687 to secure the investment. The lead time to build this engine is an estimated 40-43 months upon receipt of the purchase order, which is significantly longer than usual. The estimated cost to outfit a fire engine with entirely new equipment is $220,000; however, due to budget constraints, outfitting will be completed using equipment from an engine to be taken out of service and from existing operating funds.

Since 1973, Queretaro, Mexico has been our sister city partner. This year marks 50 years of international collaboration and assistance. Staff recommends donating a fire engine and a tiller truck to the Querétaro Fire Department. These donations will enhance emergency response and improve regional public safety. The 2003 Seagrave fire engine reserve is being replaced by a new one that is currently being built and scheduled to arrive by the end of the year. The tiller truck, a 1994 Seagrave Ladder Truck, has been out of service but used as a training apparatus. A new tiller truck is being built and is expected to arrive in 2024. The depreciation calculation estimates the value of these two engines to be $10,000 to $15,000.

Electric Vehicles
As part of our commitment to sustainability and reducing our carbon footprint, we propose the purchase of two Chevrolet Bolts. These electric vehicles will be used as parking enforcement vehicles to add to our fleet, align with our City's environmental goals, and demonstrate our dedication to responsible resource management.

National Auto Fleet is awarded Sourcewell contract number 091521-NAF. Through this contract, National Auto Fleet Group a discount for this transaction is 1.5% for a total saving of $800. The total amount for two Chevrolet Bolts is $62,537.

The electric vehicles will be purchased with Energy Efficiency and Conservation Block Grant (EECBG) funds and are well-suited for administrative and non-emergency purposes within the City.

By incorporating electric vehicles into our fleet, we will contribute to cleaner air and realize long-term operational cost savings through reduced fuel and maintenance expenses.

Single Source Vendors
Emergency vehicles are crucial to our community's safety. We require reliable and efficient vehicles that can respond promptly in emergencies. A single-source purchase is the most efficient and effective way to obtain the necessary components for our safety vehicles, given the need for timely procurement. It also enables us to collaborate with a trustworthy vendor who can supply us with highquality parts that meet our requirements and specifications while adhering to the purchasing policies.

Furthermore, a single-source purchase can also provide cost savings, eliminating the need for a lengthy procurement process and reducing the administrative burden associated with multiple City of Orange Page 2 of 3 Printed on 8/17/2023
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Item #: 3.14. 8/22/2023 File #: 23-0544
vendors.

Staff identified vendors with a proven track record of providing high-quality emergency vehicles and a good reputation in the industry, and they are listed below in Table 1.

Table 1
Name Address Description
All Star Fire Equipment
Inc
12328 Lower Azusa Rd Arcadia
Ca 91006-5872
Parts, gear, and tools
Motorola Solutions Inc. 10680 Treena St Ste. 200 San
Diego Ca 92131
Communications
Municipal Emergency
Services
11821 Wakeman St, Santa Fe
Springs Ca 90670
Rescue gear & tools
Line Gear Fire &
Rescue Equipment
23121 Antonio Pkwy #125 R
Santa Margarita Ca 92688
Hoses for nozzles &
adaptors
LN Curtis & Sons 16821 Knott Ave La Mirada Ca
90638
Parts, gear, and tools
U.S Armor 10715 Bloomfield Ave Santa Fe
Springs Ca 90670
Ballistic vest and helmets
Diamond Back Fire and
Rescue
35080 Linda Rosea Rd Temecula
Ca 92592
Rescue Jacks
911 Vehicle 5604 E La Palma Ave Anaheim
Ca 92807
communications, gear,
parts, and tools
Hi-Standard 1110 W Barkley Ave Orange Ca
92868
Outfitting
Cross Connections
Emergency
35860 Pauba Rd Temecula Ca
92592
Communications
McMaster Carr' P O Box 54960 9630 Norwalk
Blvd Los Angeles Ca 90054
Parts, gear, and tools

7. ATTACHMENTS
· Prepay HGAC FS 12-19
· Bomberos Queretaro Letter
· CPA bids are available for review in the Purchasing Department City of Orange Page 3 of 3 Printed on 8/17/2023
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Agenda Item
City Council
Item #: 3.14. 8/22/2023 File #: 23-0544
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director